[JPRT, 107th Congress]
[From the U.S. Government Publishing Office]




                  COMMITTEE ON INTERNATIONAL RELATIONS
                     COMMITTEE ON FOREIGN RELATIONS

=======================================================================


 
        Legislation on Foreign Relations Through 2000

                                     
[GRAPHIC] [TIFF OMITTED]CONGRESS.#15

                                     

                                MAY 2002

                               VOLUME II

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS

                     U.S. House of Representatives

                              U.S. Senate

 Printed for the use of the Committees on International Relations and 
   Foreign Relations of the House of Representatives and the Senate 
                              respectively



                    U.S. GOVERNMENT PRINTING OFFICE
                           WASHINGTON : 2002
70-365 CC                                                               


_______________________________________________________________________

 For sale by the Superintendent of Documents, U.S. Government Printing 
                                 Office
                         Washington, D.C. 20402



                  COMMITTEE ON INTERNATIONAL RELATIONS

                   HENRY J. HYDE, Illinois, Chairman

BENJAMIN A. GILMAN, New York         TOM LANTOS, California
JAMES A. LEACH, Iowa                 HOWARD L. BERMAN, California
DOUG BEREUTER, Nebraska              GARY L. ACKERMAN, New York
CHRISTOPHER H. SMITH, New Jersey     ENI F.H. FALEOMAVAEGA, American 
DAN BURTON, Indiana                  Samoa
ELTON GALLEGLY, California           DONALD M. PAYNE, New Jersey
ILEANA ROS-LEHTINEN, Florida         ROBERT MENENDEZ, New Jersey
CASS BALLENGER, North Carolina       SHERROD BROWN, Ohio
DANA ROHRABACHER, California         CYNTHIA A. McKINNEY, Georgia
EDWARD R. ROYCE, California          EARL F. HILLIARD, Alabama
PETER T. KING, New York              BRAD SHERMAN, California
STEVEN J. CHABOT, Ohio               ROBERT WEXLER, Florida
AMO HOUGHTON, New York               JIM DAVIS, Florida
JOHN M. McHUGH, New York             ELIOT L. ENGEL, New York
JOHN COOKSEY, Louisiana              WILIAM D. DELAHUNT, Massachusetts
THOMAS G. TANCREDO, Colorado         GREGORY W. MEEKS, New York
RON PAUL, Texas                      BARBARA LEE, California
NICK SMITH, Michigan                 JOSEPH CROWLEY, New York
JOSEPH R. PITTS, Pennsylvania        JOSEPH M. HOEFFEL, Pennsylvania
DARRELL E. ISSA, California          EARL BLUMENAUER, Oregon
ERIC CANTOR, Virginia                SHELLEY BERKLEY, Nevada
JEFF FLAKE, Arizona                  GRACE NAPOLITANO, California
BRIAN D. KERNS, Indiana              ADAM B. SCHIFF, California
JO ANN DAVIS, Virginia               DIANE E. WATSON, California
MARK GREEN, Wisconsin

         Thomas E. Mooney, Sr., Staff Director/General Counsel

               Robert R. King, Democratic Staff Director

                                 ______

                     COMMITTEE ON FOREIGN RELATIONS

                JOSEPH R. BIDEN, Jr., Delaware,Chairman

PAUL S. SARBANES, Maryland           JESSE HELMS, North Carolina
CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
JOHN F. KERRY, Massachusetts         CHUCK HAGEL, Nebraska
RUSSELL D. FEINGOLD, Wisconsin       GORDON H. SMITH, Oregon
PAUL D. WELLSTONE, Minnesota         BILL FRIST, Tennessee
BARBARA BOXER, California            LINCOLN D. CHAFEE, Rhode Island
ROBERT G. TORRICELLI, New Jersey     GEORGE ALLEN, Virginia
BILL NELSON, Florida                 SAM BROWNBACK, Kansas
JOHN D. ROCKEFELLER IV, West         MICHAEL B. ENZI, Wyoming
Virginia

                   Antony J. Blinken, Staff Director

            Patricia A. McNerney, Republican Staff Director

                                  (ii)

  


                                FOREWORD

                              ----------                              

    This volume of legislation and related material is part of 
a five volume set of laws and related material frequently 
referred to by the Committees on International Relations of the 
House of Representatives and Foreign Relations of the Senate, 
amended to date and annotated to show pertinent history or 
cross references.
    Volumes I (A and B), II, III and IV contain legislation and 
related material and are republished with amendments and 
additions on a regular basis. Volume V, which contains treaties 
and related material, will not be revised every year, but only 
as necessary.
    We wish to express our appreciation to Dianne E. Rennack 
and C. Winston Woodland of the Foreign Affairs, Defense, and 
Trade Division of the Congressional Research Service of the 
Library of Congress who prepared volume II of this year's 
compilation.
                                           Henry J. Hyde,
                    Chairman, Committee on International Relations.
                                           Joseph R. Biden, Jr.,
                          Chairman, Committee on Foreign Relations.

                                                      May 17, 2002.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    All public laws included in this volume are codified and in 
force through the end of the second session of the 106th 
Congress. The texts of the public laws in this volume are 
printed as they appear in the United States Statutes at Large 
rather than the United States Code. Amendments are incorporated 
into the text and distinguished by a footnote.
    All Executive orders and State Department delegations of 
authority are codified and in force as of December 31, 2000.

                                  (v)


                             ABBREVIATIONS

                              ----------                              



Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
Stat........................................  United States Statutes at
                                               Large.
TIAS........................................  Treaties and Other
                                               International Acts
                                               Series.
TS..........................................  Treaty Series.
UNTS........................................  United Nations Treaty
                                               Series.
U.S.C.......................................  United States Code.
UST.........................................  United States Treaties and
                                               Other International
                                               Agreements.


                                 (vii)



                            C O N T E N T S

                              ----------                              
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................   vii

D. DEPARTMENT OF STATE...........................................     1

 1. Authorizations and Appropriations............................    29
 2. Organization and Administration..............................   587
 3. Diplomatic Security and Anti-Terrorism.......................   880
 4. Passport Laws and Regulations................................  1008
 5. Trafficking Victims Protection Act of 2000 (Public Law 106-
    386).........................................................  1055
 6. International Religious Freedom act of 1998 (Public Law 105-
    292).........................................................  1077
 7. Foreign Service Buildings....................................  1111
 8. International Center Act (Public Law 90-553, as amended).....  1125
 9. Foreign Gifts and Decorations................................  1128
10. Immigration, Migration, and Refugee Assistance...............  1144
11. Recognition by the United States of Foreign Governments 
    (Senate Resolution 205, 91st Congress).......................  1211
12. The Asia Foundation Act (Public Law 98-164) (partial text)...  1212

E. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS....  1215

 1. United States Information and Educational Exchange Act and 
    Related Materials............................................  1219
 2. Mutual Educational and Cultural Exchange Act and Related 
    Materials....................................................  1353
 3. Vietnam Education Foundation Act of 2000 (Public Law 106-554) 
    (partial text)...............................................  1388
 4. Irish Peace Process Cultural and Training Program Act of 1998 
    (Public Law 105-319) (partial text)..........................  1393
 5. Caribbean and Central America Scholarship Assistance (Public 
    Law 101-382) (partial text)..................................  1395
 6. United States Scholarship Progam for Developing Countries 
    Authorization, Fiscal Years 1986 and 1987 (Public Law 99-93) 
    (partial text)...............................................  1398
 7. National Endowment for Democracy Act (Public Law 98-164) 
    (partial text)...............................................  1405
 8. Fascell Fellowship Act (Public Law 99-399) (partial text)....  1412
 9. Soviet, Former Soviet, Eastern European Education and 
    Training Programs............................................  1416
10. United States-India Programs.................................  1434
11. Dante B. Fascell North-South Center Act of 1991 (Public Law 
    102-138) (partial text)......................................  1437
12. Center for Cultural and Technical Interchange Between East 
    and West Act (Public Law 86-472) (partial text)..............  1439
13. Japan-United States Friendship Act (Public Law 94-118).......  1442
14. Exchange of Materials and Objects............................  1449
15. Convention on Cultural Property Implementation Act (Public 
    Law 97-446) (partial text)...................................  1455
16. United States Recognition and Participation in International 
    Expositions (Public Law 91-269)..............................  1471
17. International Broadcasting...................................  1475
18. Radio Free Asia Act of 1998 (PublicLaw 105-261) (partial 
    text)........................................................  1519
19. Broadcasting to Cuba.........................................  1521
20. Commission on Security and Cooperation in Europe.............  1538

F. ARMS CONTROL AND DISARMAMENT..................................  1543

 1. Arms Control and Disarmament Act, as amended (Public Law 87-
    297).........................................................  1547
 2. Arms Control and Disarmament Authorization--Prior Years......  1570
 3. Cooperative Threat Reduction.................................  1586
 4. Nonproliferation of Weapons of Mass Destruction..............  1668
 5. Arms Control Provisions in Department of Defense 
    Authorization Acts...........................................  1913

G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL.........  2055

 1. War Powers...................................................  2057
 2. Cuban Resolution (Public Law 87-733).........................  2084
 3. Middle East Resolutions and Related Material.................  2085
 4. Tonkin Gulf Resolution (Public Law 88-408) (repealed)........  2095
 5. National Commitment (Senate Resolution 85, 91st Congress)....  2097
 6. North Atlantic Alliance......................................  2098
 7. Taiwan Relations.............................................  2119
 8. Panama Canal.................................................  2134


H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS..........  2205

 1. The United Nations Participation Act of 1945, as amended 
    (Public Law 79-264)..........................................  2207
 2. United Nations Reform Act of 1999 (Public Law 106-113) 
    (partial text)...............................................  2224
 3. The United Nations Headquarters Agreement Act (Public Law 80-
    357).........................................................  2235
 4. U.S. Participation in Certain International Organizations 
    (Public Law 92-544) (partial text)...........................  2239
 5. Appropriations Limitation on Contributions to International 
    Organizations (Public Law 92-544) (partial text).............  2240
 6. U.N. Provisions in the Foreign Relations Authorization Act, 
    Fiscal Years 1994 and 1995 (Public Law 103-236) (partial 
    text)........................................................  2242
 7. United Nations Peacekeeping Forces in the Middle East (Public 
    Law 94-37)...................................................  2243
 8. Response to United Nations Resolution on Zionism.............  2244
 9. United Nations Environment Program Participation Act of 1973 
    (Public Law 93-188)..........................................  2245
10. Support of Peaceful Settlement of Disputes (Executive Order 
    10206).......................................................  2246
11. Privileges and Immunities....................................  2247
12. Relating to International Agreements on Children.............  2289

APPENDICES.......................................................  2319

INDEX............................................................  2359


DEPARTMENT OF STATE (p. 1)

INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS (p. 1215)

ARMS CONTROL AND DISARMAMENT (p. 1543)

WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL (p. 2055)

UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS (p. 2205)

APPENDICES (p. 2319)

INDEX (p. 2359)





                         D. DEPARTMENT OF STATE

                                CONTENTS

                                                                   Page

 1. Authorizations and Appropriations............................    29
    a. Establishment of the Department of State (Act of July 27, 
        1789; 22 U.S.C. 2651 et seq.)............................    29
    b. State Department Basic Authorities Act of 1956, as amended 
        (Public Law 84-885)......................................    31
    c. United States-Macau Policy Act of 2000 (Public Law 106-
        570) (partial text)......................................   109
    d. Pacific Charter Commission Act of 2000 (Public Law 106-
        570) (partial text)......................................   112
    e. Admiral James W. Nance and Meg Donovan Foreign Relations 
        Authorization Act, Fiscal Years 2000 and 2001 (Public Law 
        106-113) (partial text)..................................   116
            Section 1. Short title...............................   116
            Section 2. Organization of act into divisions; table 
              of contents........................................   116
            Section 3. Definitions...............................   121
        Division A--Department of State Provisions...............   121
        Title I--Authorizations of Appropriations................   121
        Subtitle A--Department of State..........................   121
            Section 101. Administration of foreign affairs.......   121
            Section 102. International commissions...............   126
            Section 103. Migration and refugee assistance........   127
            Section 104. United States informational, 
              educational, and cultural programs.................   128
            Section 105. Grants to the Asia Foundation...........   131
            Section 106. Contributions to international 
              organizations......................................   131
            Section 107. Contributions for international 
              peacekeeping activities............................   134
            Section 108. Voluntary contributions to international 
              organizations......................................   135
        Subtitle B--United States International Broadcasting 
          Activities.............................................   137
            Section 121. Authorizations of appropriations........   137
        Title II--Department of State Authorities and Activities.   139
        Subtitle A--Basic Authorities and Activities.............   139
            Section 201. Office of Children's Issues.............   139
            Section 202. Strengthening implementation of the 
              Hague Convention on the Civil Aspects of 
              International Child Abduction [amends other 
              legislation]                                             
            Section 203. Report concerning attack in Cambodia....   140
            Section 204. International expositions...............   140
            Section 205. Responsibility of the AID Inspector 
              General for the Inter-American Foundation and the 
              African Development Foundation [amends other 
              legislation]                                             
            Section 206. Report on Cuban drug trafficking........   141
            Section 207. Revision of reporting requirement.......   142
            Section 208. Foreign language proficiency [amends 
              other legislation]                                       
            Section 209. Continuation of reporting requirements..   142
            Section 210. Joint funds under agreements for 
              cooperation in environmental, scientific, cultural 
              and related areas..................................   144
            Section 211. Report on international extradition.....   144
        Subtitle B--Consular Authorities.........................   145
            Section 231. Machine readable visas [amends other 
              legislation]                                             
            Section 232. Fees relating to affidavits of support..   145
            Section 233. Passport fees [amends other legislation]      
            Section 234. Deaths and estates of United States 
              citizens abroad [amends other legislation]               
            Section 235. Duties of consular officers regarding 
              major disasters and incidents abroad affecting 
              United States citizens [amends other legislation]        
            Section 236. Issuance of passports for children under 
              age 14.............................................   146
            Section 237. Processing of visa applications.........   146
            Section 238. Feasibility study on further passport 
              restrictions on individuals in arrears on child 
              support............................................   147
        Subtitle C--Refugees.....................................   147
            Section 251. United States policy regarding the 
              involuntary return of refugees.....................   147
            Section 252. Human rights reports [amends other 
              legislation]                                             
            Section 253. Guidelines for refugee processing posts 
              [amends other legislation]                               
            Section 254. Gender-related persecution task force...   148
            Section 255. Eligibility for refugee status..........   148
        Title III--Organization and Personnel of the Department 
          of State...............................................   149
        Subtitle A--Organization Matters.........................   149
            Section 301. Legislative liaison offices of the 
              Department of State................................   149
            Section 302. State Department official for 
              Northeastern Europe................................   150
            Section 303. Science and Technology Adviser to the 
              Secretary of State.................................   150
            Section 304. Application of certain laws to public 
              diplomacy funds [amends other legislation]               
            Section 305. Reform of the diplomatic 
              telecommunications service office..................   150
        Subtitle B--Personnel of the Department of State.........   151
            Section 321. Award of Foreign Service star [amends 
              other legislation]                                       
            Section 322. United States citizens hired abroad 
              [amends other legislation]                               
            Section 323. Limitation on percentage of Senior 
              Foreign Service eligible for performance pay 
              [amends other legislation]                               
            Section 324. Placement of Senior Foreign Service 
              personnel..........................................   151
            Section 325. Report on management training...........   152
            Section 326. Workforce planning for Foreign Service 
              personnel by Federal agencies [amends other 
              legislation]                                             
            Section 327. Records of disciplinary actions [amends 
              other legislation]                                       
            Section 328. Limitation on salary and benefits for 
              members of the Foreign Service recommended for 
              separation for cause [amends other legislation]          
            Section 329. Treatment of grievance records [amends 
              other legislation]                                       
            Section 330. Deadlines for filing grievances [amends 
              other legislation]                                       
            Section 331. Reports by the Foreign Service Grievance 
              Board [amends other legislation]                         
            Section 332. Extension of use of Foreign Service 
              personnel system [amends other legislation]              
            Section 333. Border equalization pay adjustment 
              [amends other legislation]                               
            Section 334. Treatment of certain persons reemployed 
              after service with international organizations 
              [amends other legislation]                               
            Section 335. Transfer allowance for families of 
              deceased Foreign Service personnel [amends other 
              legislation]                                             
            Section 336. Parental choice in education [amends 
              other legislation]                                       
            Section 337. Medical emergency assistance [amends 
              other legislation]                                       
            Section 338. Report concerning financial 
              disadvantages for administrative and technical 
              personnel [amends other legislation]                     
            Section 339. State Department Inspector General and 
              personnel investigations...........................   152
            Section 340. Study of compensation for survivors of 
              terrorist attacks overseas.........................   154
            Section 341. Preservation of diversity in 
              reorganization [amends other legislation]                
        Title IV--United States Informational, Educational, and 
          Cultural Programs [see page 1252]
        Subtitle A--Authorities and Activities                         
            Section 401. Educational and cultural exchanges and 
              scholarships for Tibetans and Burmese                    
            Section 402. Conduct of certain educational and 
              cultural exchange programs                               
            Section 403. National security measures                    
            Section 404. Sunset of United States Advisory 
              Commission on Public Diplomacy                           
            Section 405. Royal Ulster Constabulary training            
        Subtitle B--Russian and Ukrainian Business Management 
          Education                                                    
            Section 421. Purpose                                       
            Section 422. Definitions                                   
            Section 423. Authorization for training program and 
              internships                                              
            Section 424. Applications for technical assistance         
            Section 425. Restrictions not applicable                   
            Section 426. Authorization of appropriations               
        Title V--United States International Broadcasting 
          Activities [see page 1493]
            Section 501. Reauthorization of Radio Free Asia            
            Section 502. Nomination requirements for the Chairman 
              of the Broadcasting Board of Governors                   
            Section 503. Preservation of RFE/RL (Radio Free 
              Europe/Radio Liberty)                                    
            Section 504. Immunity from civil liability for 
              Broadcasting Board of Governors                          
        Title VI--Embassy Security and Counterterrorism Measures 
          [see page 951]
            Section 601. Short title                                   
            Section 602. Findings                                      
            Section 603. United States diplomatic facility 
              defined                                                  
            Section 604. Authorizations of appropriations              
            Section 605. Obligations and expenditures                  
            Section 606. Security requirements for United States 
              diplomatic facilities                                    
            Section 607. Report on overseas presence                   
            Section 608. Accountability review boards                  
            Section 609. Increased anti-terrorism training in 
              Africa                                                   
        Title VII--International Organizations and Commissions...   154
        Subtitle A--International Organizations Other than the 
          United Nations.........................................   155
            Section 701. Conforming amendments to reflect 
              redesignation of certain interparliamentary groups.   154
            Section 702. Authority of the International Boundary 
              and Water Commission to assist State and local 
              governments........................................   155
            Section 703. International Boundary and Water 
              Commission.........................................   155
            Section 704. Semiannual reports on United States 
              support for membership or participation of Taiwan 
              in international organizations.....................   155
            Section 705. Restriction relating to United States 
              accession to the International Criminal Court......   156
            Section 706. Prohibition on extradition or transfer 
              of United States citizens to the International 
              Criminal Court.....................................   156
            Section 707. Requirement for reports regarding 
              foreign travel [amends other legislation]                
            Section 708. United States representation at the 
              International Atomic Energy Agency [amends other 
              legislation]                                             
        Subtitle B--United Nations Activities....................   157
            Section 721. United Nations policy on Israel and the 
              Palestinians.......................................   157
            Section 722. Data on costs incurred in support of 
              United Nations peacekeeping operations [amends 
              other legislation]                                       
            Section 723. Reimbursement for goods and services 
              provided by the United States to the United Nations 
              [amends other legislation]                               
            Section 724. Codification of required notice of 
              proposed United Nations peacekeeping operations 
              [amends other legislation]                               
        Title VIII--Miscellaneous Provisions.....................   158
        Subtitle A--General Provisions...........................   158
            Section 801. Denial of entry into United States of 
              foreign nationals engaged in establishment or 
              enforcement of forced abortion or sterilization 
              policy.............................................   158
            Section 802. Technical corrections...................   159
            Section 803. Reports with respect to a referendum on 
              Western Sahara.....................................   159
            Section 804. Reporting requirements under PLO 
              Commitments Compliance Act of 1989 [amends other 
              legislation]                                             
            Section 805. Report on terrorist activity in which 
              United States citizens were killed and related 
              matters............................................   160
            Section 806. Annual reporting on war crimes, crimes 
              against humanity, and genocide [amends other 
              legislation]                                             
        Subtitle B--North Korea Threat Reduction.................   161
            Section 821. Short title.............................   161
            Section 822. Restrictions on nuclear cooperation with 
              North Korea........................................   161
            Section 823. Definitions.............................   162
        Subtitle C--People's Republic of China...................   163
            Section 871. Findings................................   163
            Section 872. Funding for additional personnel at 
              diplomatic posts to report on political, economic, 
              and human rights matters in the People's Republic 
              of China...........................................   164
            Section 873. Prisoner information registry for the 
              People's Republic of China.........................   164
        Title IX--Arrears Payments and Reform [see page 2224]
        Subtitle A--General Provisions                                 
            Section 901. Short title                                   
            Section 902. Definitions                                   
        Subtitle B--Arrearages to the United Nations                   
        Chapter 1--Authorization of Appropriations; Obligation 
          and Expenditure of Funds                                     
            Section 911. Authorization of appropriations               
            Section 912. Obligation and expenditure of funds           
            Section 913. Forgiveness of amounts owed by the 
              United Nations to the United States                      
        Chapter 2--United States Sovereignty                           
            Section 921. Certification requirements                    
        Chapter 3--Reform of Assessments and United Nations 
          Peacekeeping Operations                                      
            Section 931. Certification requirements                    
        Chapter 4--Budget and Personnel Reform                         
            Section 941. Certification requirements                    
        Subtitle C--Miscellaneous Provisions                           
            Section 951. Statutory construction on relation to 
              existing laws                                            
            Section 952. Prohibition on payments relating to 
              UNIDO and other international organizations from 
              which the United States has withdrawn or rescinded 
              funding                                                  
        Division B--Arms Control, Nonproliferation, and Security 
          Assistance Provisions [see page 1570]
            Section 1001. Short title                                  
        Title XI--Arms Control and Nonproliferation                    
            Section 1101. Short title                                  
            Section 1102. Definition                                   
        Subtitle A--Arms Control                                       
        Chapter 1--Effective Verification of Compliance With Arms 
          Control Agreements                                           
            Section 1111. Key Verification Assets Fund                 
            Section 1112. Assistant Secretary of State for 
              Verification and Compliance                              
            Section 1113. Enhanced annual (``Pell'') report            
            Section 1114. Report on START and START II Treaties 
              monitoring issues                                        
            Section 1115. Standards for verification                   
            Section 1116. Contribution to the advancement of 
              seismology                                               
            Section 1117. Protection of United States companies        
            Section 1118. Requirement for transmittal of 
              summaries                                                
        Chapter 2--Matters Relating to the Control of Biological 
          Weapons                                                      
            Section 1121. Short title                                  
            Section 1122. Definitions                                  
            Section 1123. Findings                                     
            Section 1124. Trial investigations and trial visits        
        Subtitle B--Nuclear Nonproliferation, Safety, and Related 
          Matters                                                      
            Section 1131. Congressional notification of 
              nonproliferation activities                              
            Section 1132. Effective use of resources for 
              nonproliferation programs                                
            Section 1133. Disposition of weapons-grade material        
            Section 1134. Provision of certain information to 
              Congress                                                 
            Section 1135. Amended nuclear export reporting 
              requirement                                              
            Section 1136. Adherence to the Missile Technology 
              Control Regime                                           
            Section 1137. Authority relating to MTCR adherents         
            Section 1138. Transfer of funding for science and 
              technology centers in the former Soviet Union            
            Section 1139. Research and exchange activities by 
              science and technology centers                           
        Title XII--Security Assistance [see volume I-A]
            Section 1201. Short title                                  
        Subtitle A--Transfers of Excess Defense Articles               
            Section 1211. Excess defense articles for Central and 
              Southern European countries                              
            Section 1212. Excess defense articles for certain 
              other countries                                          
            Section 1213. Increase in annual limitation on 
              transfer of excess defense articles                      
        Subtitle B--Foreign Military Sales Authorities                 
            Section 1221. Termination of foreign military 
              training                                                 
            Section 1222. Sales of excess Coast Guard property         
            Section 1223. Competitive pricing for sales of 
              defense articles                                         
            Section 1224. Notification of upgrades to direct 
              commercial sales                                         
            Section 1225. Unauthorized use of defense articles         
        Subtitle C--Stockpiling of Defense Articles for Foreign 
          Countries                                                    
            Section 1231. Additions to United States war reserve 
              stockpiles for allies                                    
            Section 1232. Transfer of certain obsolete or surplus 
              defense articles in the war reserves stockpile for 
              allies                                                   
        Subtitle D--Defense Offsets Disclosure [see volume I-A]
            Section 1241. Short title                                  
            Section 1242. Findings and declaration of policy           
            Section 1243. Definitions                                  
            Section 1244. Sense of Congress                            
            Section 1245. Reporting of offset agreements               
            Section 1246. Expanded prohibition on incentive 
              payments                                                 
            Section 1247. Establishment of review commission           
            Section 1248. Multilateral strategy to address 
              offsets                                                  
        Subtitle E--Automated Export System Relating to Export 
          Information [see page 1683]
            Section 1251. Short title                                  
            Section 1252. Mandatory use of the Automated Export 
              System for filing certain Shippers' Export 
              Declarations                                             
            Section 1253. Voluntary use of the Automated Export 
              System                                                   
            Section 1254. Report to appropriate committees of 
              Congress                                                 
            Section 1255. Acceleration of Department of State 
              licensing procedures                                     
            Section 1256. Definitions                                  
        Subtitle F--International Arms Sales Code of Conduct Act 
          of 1999 [see volume I-A]
            Section 1261. Short title                                  
            Section 1262. International arms sales code of 
              conduct                                                  
        Subtitle G--Transfer of Naval Vessels to Certain Foreign 
          Countries                                                    
            Section 1271. Authority to transfer naval vessels          
        Title XIII--Miscellaneous Provisions                           
            Section 1301. Publication of arms sales 
              certifications                                           
            Section 1302. Notification requirements for 
              commercial export of items on United States 
              Munitions List                                           
            Section 1303. Enforcement of Arms Export Control Act       
            Section 1304. Violations relating to material support 
              to terrorists                                            
            Section 1305. Authority to consent to third party 
              transfer of ex-U.S.S. Bowman County to USS 1st Ship 
              Memorial, Inc.                                           
            Section 1306. Annual military assistance report            
            Section 1307. Annual foreign military training report      
            Section 1308. Security assistance for the Philippines      
            Section 1309. Effective regulation of satellite 
              export activities                                        
            Section 1310. Study on licensing process under the 
              Arms Export Control Act                                  
            Section 1311. Report concerning proliferation of 
              small arms                                               
            Section 1312. Conforming amendment                         
    f. Rewards for Information Concerning Violations of 
        International Humanitarian Law--Former Yugoslavia and 
        Rwanda (Public Law 105-323) (partial text)...............   166
    g. Foreign Relations Authorization Act, Fiscal Years 1998 and 
        1999 (Public Law 105-277) (partial text).................   168
            Sec. 2001. Short title...............................   169
            Sec. 2002. Definition of appropriate congressional 
              committees.........................................   169
        Title XXI--Authorization of Appropriations for Department 
          of State...............................................   169
            Sec. 2101. Administration of foreign affairs.........   169
            Sec. 2102. International commissions.................   174
            Sec. 2103. Grants to The Asia Foundation.............   175
            Sec. 2104. Voluntary contributions to international 
              organizations......................................   175
            Sec. 2105. Voluntary contributions to peacekeeping 
              operations.........................................   177
            Sec. 2106. Limitation on United States voluntary 
              contributions to United Nations Development Program   178
        Title XXII--Department of State Authorities and 
          Activities.............................................   179
        Chapter 1--Authorities and Activities....................   179
            Sec. 2201. Reimbursement of Department of State for 
              assistance to overseas educational facilities 
              [amends other legislation]                               
            Sec. 2202. Revision of Department of State rewards 
              program [amends other legislation]                       
            Sec. 2203. Retention of additional defense trade 
              controls registration fees [amends other 
              legislation]                                             
            Sec. 2204. Fees for commercial services [amends other 
              legislation]                                             
            Sec. 2205. Pilot program for foreign affairs 
              reimbursement......................................   179
            Sec. 2206. Fee for use of diplomatic reception rooms 
              [amends other legislation]                               
            Sec. 2207. Budget presentation documents [amends 
              other legislation]                                       
            Sec. 2208. Office of the Inspector General...........   180
            Sec. 2209. Capital Investment Fund [amends other 
              legislation]                                             
            Sec. 2210. Contracting for local guards services 
              overseas [amends other legislation]                      
            Sec. 2211. Authority of the Foreign Claims Settlement 
              Commission [amends other legislation]                    
            Sec. 2212. Expenses relating to certain international 
              claims and proceedings.............................   181
            Sec. 2213. Grants to remedy international abductions 
              of children [amends other legislation]                   
            Sec. 2214. Counterdrug and anticrime activities of 
              the Department of State............................   181
            Sec. 2215. Annual report on overseas surplus 
              properties [amends other legislation]                    
            Sec. 2216. Human rights reports [amends other 
              legislation]                                             
            Sec. 2217. Reports and policy concerning diplomatic 
              immunity [amends other legislation]                      
            Sec. 2218. Reaffirming United States international 
              telecommunications policy..........................   184
            Sec. 2219. Reduction of reporting....................   184
        Chapter 2--Consular Authorities of the Department of 
          State..................................................   185
            Sec. 2221. Use of certain passport processing fees 
              for enhanced passport services.....................   185
            Sec. 2222. Consular officers.........................   185
            Sec. 2223. Repeal of outdated consular receipt 
              requirements.......................................   186
            Sec. 2224. Elimination of duplicate Federal Register 
              publication for travel advisories..................   186
            Sec. 2225. Denial of visas to confiscators of 
              American property..................................   187
            Sec. 2226. Inadmissibility of any alien supporting an 
              international child abductor.......................   187
        Chapter 3--Refugees and Migration........................   187
        Subchapter A--Authorization of Appropriations............   187
            Sec. 2231. Migration and refugee assistance..........   187
        Subchapter B--Authorities................................   189
            Sec. 2241. United States policy regarding the 
              involuntary return of refugees.....................   189
            Sec. 2242. United States policy with respect to the 
              involuntary return of persons in danger of 
              subjection to torture..............................   189
            Sec. 2243. Reprogramming of migration and refugee 
              assistance funds [amends other legislation]              
            Sec. 2244. Eligibility for refugee status [amends 
              other legislation]                                       
            Sec. 2245. Reports to Congress concerning Cuban 
              emigration policies................................   191
        Title XXIII--Organization of the Department of State; 
          Department of State Personnel; The Foreign Service.....   191
        Chapter 1--Organization of the Department of State.......   191
            Sec. 2301. Coordinator for Counterterrorism..........   191
            Sec. 2302. Elimination of Deputy Assistant Secretary 
              of State for Burdensharing.........................   191
            Sec. 2303. Personnel management [amends other 
              legislation]                                             
            Sec. 2304. Diplomatic security.......................   191
            Sec. 2305. Number of senior official positions 
              authorized for the Department of State.............   191
            Sec. 2306. Nomination of Under Secretaries and 
              Assistant Secretaries of State [amends other 
              legislation]                                             
        Chapter 2--Personnel of the Department of State; the 
          Foreign Service........................................   192
            Sec. 2311. Foreign Service reform....................   192
            Sec. 2312. Retirement benefits for involuntary 
              separation [amends other legislation]                    
            Sec. 2313. Authority of Secretary to separate 
              convicted felons from the Foreign Service [amends 
              other legislation]                                       
            Sec. 2314. Career counseling [amends other 
              legislation]                                             
            Sec. 2315. Limitations on management assignments 
              [amends other legislation]                               
            Sec. 2316. Availability pay for certain criminal 
              investigators within the Diplomatic Security 
              Service............................................   193
            Sec. 2317. Nonovertime differential pay..............   194
            Sec. 2318. Report concerning minorities and the 
              Foreign Service....................................   194
        Title XXIV--United States Informational, Educational, and 
          Cultural Programs [see page 1258]                            
        Chapter 1--Authorization of Appropriations                     
            Sec. 2401. International information activities and 
              educational and cultural exchange programs               
        Chapter 2--Authorities and Activities                          
            Sec. 2411. Retention of interest                           
            Sec. 2412. Use of selected program fees                    
            Sec. 2413. Muskie Fellowship Program                       
            Sec. 2414. Working Group on United States Government-
              Sponsored International Exchanges and Training           
            Sec. 2415. Educational and cultural exchanges and 
              scholarships for Tibetans and Burmese                    
            Sec. 2416. Surrogate broadcasting study                    
            Sec. 2417. Radio broadcasting to Iran in the Farsi 
              language                                                 
            Sec. 2418. Authority to administer summer travel and 
              work programs                                            
            Sec. 2419. Permanent administrative authorities 
              regarding appropriations                                 
            Sec. 2420. Voice of America broadcasts                     
        Title XXV--International Organizations Other Than United 
          Nations................................................   195
            Sec. 2501. International conferences and 
              contingencies......................................   195
            Sec. 2502. Restriction relating to United States 
              accession to any new international criminal 
              tribunal...........................................   195
            Sec. 2503. United States membership in the Bureau of 
              the Interparliamentary Union.......................   196
            Sec. 2504. Service in international organizations....   197
            Sec. 2505. Reports regarding foreign travel..........   197
        Title XXVI--United States Arms Control and Disarmament 
          Agency.................................................   199
            Sec. 2601. Authorization of appropriations...........   199
            Sec. 2602. Statutory construction [amends other 
              legislation]                                             
        Title XXVII--European Security Act of 1998 [see page 
          2098]
            Sec. 2701. Short title
            Sec. 2702. Statement of policy
            Sec. 2703. Authorities relating to NATO enlargement
            Sec. 2704. Sense of Congress with respect to the 
              Treaty on Conventional Armed Forces in Europe
            Sec. 2705. Restrictions and requirements relating to 
              ballistic missile defense
        Title XXVIII--Other Foreign Policy Provisions............   199
            Sec. 2801. Reports on claims by United States firms 
              against the Government of Saudi Arabia.............   199
            Sec. 2802. Reports on determinations under title IV 
              of the Libertad Act................................   200
            Sec. 2803. Report on compliance with the Hague 
              Convention on International Child Abduction........   200
            Sec. 2804. Sense of Congress relating to recognition 
              of the Ecumenical Patriarchate by the Government of 
              Turkey.............................................   202
            Sec. 2805. Report on relations with Vietnam..........   202
            Sec. 2806. Reports and policy concerning human rights 
              violations in Laos.................................   203
            Sec. 2807. Report on an alliance against narcotics 
              trafficking in the Western Hemisphere..............   203
            Sec. 2808. Congressional statement regarding the 
              accession of Taiwan to the World Trade Organization   204
            Sec. 2809. Programs or projects of the International 
              Atomic Energy Agency in Cuba.......................   205
            Sec. 2810. Limitation on assistance to countries 
              aiding Cuba nuclear development....................   205
            Sec. 2811. International Fund for Ireland [amends 
              other legislation]                                       
            Sec. 2812. Support for democratic opposition in Iraq.   207
            Sec. 2813. Development of democracy in the Republic 
              of Serbia..........................................   208
    h. Foreign Relations Authorization Act, Fiscal Years 1994 and 
        1995 (Public Law 103-236) (partial text).................   209
            Section 1. Short title...............................   209
            Section 2. Table of contents.........................   209
        Title I--Department of State and Related Agencies........   215
        Part A--Authorization of Appropriations..................   215
            Section 101. Administration of foreign affairs.......   215
            Section 102. International organizations, programs, 
              and conferences....................................   219
            Section 103. International commissions...............   221
            Section 104. Migration and refugee assistance........   222
            Section 105. Other programs..........................   223
            Section 106. United States Arms Control and 
              Disarmament Agency.................................   223
        Part B--Authorities and Activities.......................   224
            Section 121. Authorized strength of the Foreign 
              Service............................................   224
            Section 122. Transfers and reprogrammings [amends 
              other legislation]                                       
            Section 123. Expenses relating to certain 
              international claims and proceedings [amends other 
              legislation]                                             
            Section 124. Child care facilities at certain posts 
              abroad [amends other legislation]                        
            Section 125. Emergencies in the diplomatic and 
              consular service [amends other legislation]              
            Section 126. Role of the National Foreign Affairs 
              Training Center [amends other legislation]               
            Section 127. Consular authorities.                         
            Section 128. Report on consolidation of 
              administrative operations..........................   225
            Section 129. Facilitating access to the Department of 
              State building.....................................   226
            Section 130. Report on safety and security of United 
              States personnel in Sarajevo.......................   226
            Section 131. Passport security.......................   226
            Section 132. Record of place of birth for Taiwanese-
              Americans..........................................   226
            Section 133. Terrorism rewards and reports...........   226
            Section 134. Property agreements.....................   227
            Section 135. Capital investment fund.................   227
            Section 136. Fees for commercial services [amends 
              other legislation]                                       
            Section 137. Personal services contracts abroad 
              [amends other legislation]                               
            Section 138. Publishing international agreements 
              [amends other legislation]                               
            Section 139. Repeal of reporting requirements [amends 
              other legislation]                                       
            Section 140. Visas...................................   227
            Section 141. Local guard contracts abroad [amends 
              other legislation]                                       
            Section 142. Women's human rights protection.........   230
        Part C--Department of State Organization.................   231
            Section 161. Organization of the Department of State.   231
            Section 162. Technical and conforming amendments.....   232
            Section 163. Director General of the Foreign Service 
              [amends other legislation]                               
            Section 164. Administrative expenses [amends other 
              legislation]
        Part D--Personnel........................................   232
        Subpart 1--General Provisions............................   232
            Section 171. Labor-management relations [amends other 
              legislation]                                             
            Section 172. Waiver of limitation for certain claims 
              for personal property damage or loss...............   232
            Section 173. Senior Foreign Service performance pay..   233
            Section 174. Reassignment and retirement of former 
              presidential appointees [amends other legislation]       
            Section 175. Report on classification of Senior 
              Foreign Service positions..........................   233
            Section 176. Allowances..............................   233
            Section 177. Grievances [amends other legislation]         
            Section 178. Mid-level women and minority placement 
              program............................................   233
            Section 179. Employment assistance referral system 
              for certain members of the Foreign Service.........   234
            Section 180. United States citizens hired abroad 
              [amends other legislation]                               
            Section 181. Reduction in force authority with regard 
              to certain members of the Foreign Service..........   234
            Section 182. Restoration of withheld benefits........   235
        Subpart 2--Foreign Language Competence Within the Foreign 
          Service................................................   235
            Section 191. Foreign language competence within the 
              Foreign Service....................................   235
            Section 192. Designation of Foreign Language 
              Resources Coordinator..............................   236
            Section 193. Foreign language services...............   236
        Title II--United States Informational, Educational, and 
          Cultural Programs                                            
        Part A--Authorization of Appropriations [see page 1266]        
            Section 201. Authorization of appropriations.              
        Part B--USIA and Related Agencies Authorities and 
          Activities                                                   
            Section 221. USIA office in Lhasa, Tibet.                  
            Section 222. Changes in administrative authorities.        
            Section 223. Employment authority.                         
            Section 224. Buying power maintenance account.             
            Section 225. Contract authority.                           
            Section 226. United States transmitter in Kuwait.          
            Section 227. Fulbright-Hays Act Authorities.               
            Section 228. Separate ledger accounts for NED 
              grantees.                                                
            Section 229. Coordination of United States exchange 
              programs.                                                
            Section 230. Limitation concerning participation in 
              international expositions.                               
            Section 231. Private sector opportunities.                 
            Section 232. Authority to respond to public 
              inquiries.                                               
            Section 233. Technical amendment relating to Near and 
              Middle East research and training.                       
            Section 234. Distribution within the United States of 
              certain materials of the United States Information 
              Agency.                                                  
            Section 235. American studies collections.                 
            Section 236. Educational and cultural exchanges with 
              Tibet.                                                   
            Section 237. Scholarships for East Timorese students.      
            Section 238. Cambodian scholarship and exchange 
              programs.                                                
            Section 239. Increasing African participation in USIA 
              exchange programs.                                       
            Section 240. Environment and sustainable development 
              exchange program.                                        
            Section 241. South Pacific exchange programs.              
            Section 242. International exchange programs 
              involving disability related matters.                    
        Part C--Mike Mansfield Fellowships [see page 1273]             
            Section 251. Short title.                                  
            Section 252. Establishment of fellowship program.          
            Section 253. Program requirements.                         
            Section 254. Separation of Government personnel 
              during the fellowships.                                  
            Section 255. Mansfield Fellows on detail from 
              Government service.                                      
            Section 256. Liability for repayments.                     
            Section 257. Definitions.                                  
        Title III--United States International Broadcasting Act 
          [see page 1475]                                              
            Section 301. Short title.                                  
            Section 302. Congressional findings and declaration 
              of purposes.                                             
            Section 303. Standards and principles.                     
            Section 304. Establishment of broadcasting Board of 
              Governors.                                               
            Section 305. Authorities of the Board.                     
            Section 306. Foreign policy guidance.                      
            Section 307. International Broadcasting Bureau.            
            Section 308. Limits on grants for Radio Free Europe 
              and Radio Liberty.                                       
            Section 309. Radio Free Asia.                              
            Section 310. Transition.                                   
            Section 311. Preservation of American jobs.                
            Section 312. Privatization of Radio Free Europe and 
              Radio Liberty.                                           
            Section 313. Requirement for authorization of 
              appropriations.                                          
            Section 314. Definitions.                                  
            Section 315. Technical and conforming amendments.          
        Title IV--International Organizations....................   237
        Part A--United Nations Reform and Peacekeeping Operations   237
            Section 401. United Nations Office of Inspector 
              General............................................   237
            Section 402. United States participation in 
              management of the United Nations...................   238
            Section 403. Sense of the Senate on Department of 
              Defense funding for United Nations peacekeeping 
              operations.........................................   239
            Section 404. Assessed contributions for United 
              Nations peacekeeping operations....................   239
            Section 405. United States personnel taken prisoner 
              while serving in multinational forces..............   240
            Section 406. Transmittals of certain United Nations 
              documents [amends other legislation]                     
            Section 408. Transfers of excess defense articles for 
              international peacekeeping operations [amends other 
              legislation]                                             
            Section 409. Reform in budget decisionmaking 
              procedures of the United Nations and its 
              specialized agencies...............................   240
            Section 410. Limitation on contributions to the 
              United Nations and affiliated organizations........   241
            Section 411. United Nations Security Council 
              membership.........................................   241
            Section 412. Reforms in the World Health Organization   242
            Section 413. Reforms in the Food and Agriculture 
              Organization.......................................   242
            Section 414. Sense of Congress regarding adherence to 
              United Nations Charter.............................   243
            Section 415. Designated congressional committees.....   243
        Part B--General Provisions and Other International 
          Organizations..........................................   243
            Section 421. Agreement on State and local taxation...   243
            Section 422. Conference on Security and Cooperation 
              in Europe..........................................   243
            Section 423. International Boundary and Water 
              Commission.........................................      
            Section 424. United States membership in the Asian-
              Pacific Economic Cooperation Organization..........   244
            Section 425. United States membership in the 
              International Copper Study Group...................   244
            Section 426. Extension of the International 
              Organizations Immunities Act to the International 
              Union for Conservation of Nature and Natural 
              Resources..........................................   244
            Section 427. Inter-American organizations............   244
            Section 428. Prohibition on contributions to the 
              International Coffee Organization..................   244
            Section 429. Prohibition on contributions to the 
              International Jute Organization....................   244
            Section 430. Migration and refugee amendments [amends 
              other legislation]                                       
            Section 431. Withholding of United States 
              contributions for certain programs of international 
              organizations......................................   245
        Title V--Foreign Policy..................................   245
        Part A--General Provisions...............................   245
            Section 501. United States policy concerning overseas 
              assistance to refugees and displaced persons.......   245
            Section 502. Interparliamentary exchanges............   247
            Section 503. Food as a human right...................   247
            Section 504. Transparency in armaments...............   248
            Section 505. Sense of the Senate concerning Inspector 
              General Act........................................   248
            Section 506. Torture convention implementation.......   248
            Section 507. United States policy concerning Iraq....   248
            Section 508. High-level visits to Taiwan.............   249
            Section 509. Transfer of certain obsolete or surplus 
              defense articles in the War Reserve Allies 
              Stockpile to the Republic of Korea.................   249
            Section 510. Extension of the Fair Trade in Auto 
              Parts Act of 1988..................................   250
            Section 511. Report on the use of foreign frozen or 
              blocked assets.....................................   250
            Section 512. Extension of certain adjudication 
              provisions [amends other legislation]                    
            Section 513. Policy regarding the conditions which 
              the Government of the People's Republic of China 
              should meet to continue to receive 
              nondiscriminatory most-favored-nation treatment....   251
            Section 514. Implementation of Partnership for Peace.   252
            Section 515. Policy toward Thailand, Cambodia, Laos, 
              and Burma..........................................   253
            Section 516. Peace process in Northern Ireland.......   254
            Section 517. Policy with respect to the establishment 
              of an international criminal court.................   254
            Section 518. International criminal court 
              participation......................................   255
            Section 519. Protection of first and fourth amendment 
              rights.............................................   255
            Section 520. Policy on termination of United States 
              arms embargo.......................................   255
            Section 521. Sense of Senate on relations with 
              Vietnam............................................   258
            Section 522. Report on sanctions on Vietnam..........   258
            Section 523. Report on People's Mujaheddin of Iran...   258
            Section 524. Amendments to the PLO Commitments 
              Compliance Act [amends other legislation]                
            Section 525. Free trade in ideas.....................   259
            Section 526. Embargo against Cuba....................   260
            Section 527. Expropriation of United States property.   260
            Section 528. Report on Russian military operations in 
              the independent states of the former Soviet Union..   261
            Section 529. United States policy on North Korea.....   262
            Section 530. Enforcement of nonproliferation treaties   264
            Section 531. Taiwan..................................   265
            Section 532. Waiver of sanctions with respect to the 
              Federal Republic of Yugoslavia to promote democracy 
              abroad.............................................   265
            Section 533. Freedom of information exemption for 
              certain Open Skies Treaty data.....................   265
            Section 534. Study of democracy effectiveness........   266
            Section 535. Sense of Congress concerning United 
              States citizens victimized by Germany during World 
              War II.............................................   267
            Section 536. Reporting requirements on occupied Tibet   267
        Part B--Spoils of War Act................................   267
            Section 551. Short title.............................   267
            Section 552. Transfers of spoils of war..............   267
            Section 553. Prohibition on transfers to countries 
              which support terrorism............................   268
            Section 554. Report on previous transfers............   268
            Section 555. Definitions.............................   268
            Section 556. Construction............................   268
        Part C--Anti-Economic Discrimination Act.................   269
            Section 561. Short title.............................   269
            Section 562. Israel's diplomatic status..............   269
            Section 563. Policy on Middle East arms sales........   269
            Section 564. Prohibition on certain sales and leases.   269
            Section 565. Prohibition on discriminatory contracts.   270
        Part D--The Cambodian Genocide Justice Act...............   272
            Section 571. Short title.............................   272
            Section 572. Policy..................................   272
            Section 573. Establishment of State Department Office   273
            Section 574. Reporting requirement...................   274
        Part E--Middle East Peace Facilitation...................   274
            Section 581. Short title.............................   274
            Section 582. Findings................................   274
            Section 583. Authority to suspend certain provisions.   275
        Title VI--Peace Corps....................................   278
            Section 601. Authorization of appropriations.........   278
            Section 602. Amendments to the Peace Corps Act 
              [amends other legislation]                               
        Title VII--Arms Control
        Part A--Arms Control and Nonproliferation Act of 1994 
          [see page 1576]                                              
            Section 701. Short title; references in part; table 
              of contents [amends other legislation]                   
            Section 702. Congressional declarations; purpose 
              [amends other legislation]                               
            Section 703. Purposes [amends other legislation]           
            Section 704. Repeals [amends other legislation]            
            Section 705. Director [amends other legislation]           
            Section 706. Bureaus, offices, and divisions [amends 
              other legislation]                                       
            Section 707. Scientific and Policy Advisory Committee 
              [amends other legislation]                               
            Section 708. Presidential Special Representatives 
              [amends other legislation]                               
            Section 709. Policy formulation [amends other 
              legislation]                                             
            Section 710. Negotiation management [amends other 
              legislation]                                             
            Section 711. Report on measures to coordinate 
              research and development [amends other legislation]      
            Section 712. Verification of compliance [amends other 
              legislation]                                             
            Section 713. Negotiating records [amends other 
              legislation]                                             
            Section 714. Authorities with respect to 
              nonproliferation matters.                                
            Section 715. Appointment and compensation of 
              personnel [amends other legislation]                     
            Section 716. Security requirements [amends other 
              legislation]                                             
            Section 717. Reports [amends other legislation]            
            Section 718. Funding [amends other legislation]            
            Section 719. Conforming amendments [amends other 
              legislation]                                             
        Part B--Amendments to the Arms Export Control Act              
            Section 731. Limitation on authority to transfer 
              excess defense articles [amends other legislation]       
            Section 732. Reports under the Arms Export Control 
              Act [amends other legislation]                           
            Section 733. Prohibition on incentive payments under 
              the Arms Export Control Act [amends other 
              legislation]                                             
            Section 734. Missile technology exports to certain 
              Middle Eastern and Asian countries [amends other 
              legislation]                                             
            Section 735. Notification of Congress on certain 
              events involving the Missile Technology Control 
              Regime (MTCR) [amends other legislation]                 
            Section 736. Control of reexports to terrorist 
              countries [amends other legislation]                     
        Title VIII--Nuclear Proliferation Prevention Act.........   278
            Section 801. Short title.............................   278
        Part A--Reporting on Nuclear Exports                           
            Section 811. Reports to Congress [amends other 
              legislation]                                             
        Part B--Sanctions for Nuclear Proliferation..............   159
            Section 821. Imposition of sanction procurement on 
              persons engaging in export activities that 
              contribute to proliferation........................   278
            Section 822. Eligibility for assistance..............   281
            Section 823. Role of international financial 
              institutions.......................................   282
            Section 824. Prohibition on assisting nuclear 
              proliferation through the provision of financing...   282
            Section 825. Export-Import Bank [amends other 
              legislation]                                             
            Section 826. Amendment to the Arms Export Control Act 
              [amends other legislation]                               
            Section 827. Reward [amends other legislation]             
            Section 828. Reports.................................   285
            Section 829. Technical correction [amends other 
              legislation]                                             
            Section 830. Definitions.............................   285
            Section 831. Effective date..........................   286
        Part C--International Atomic Energy Agency...............   286
            Section 841. Bilateral and multilateral initiatives..   287
            Section 842. IAEA internal reforms...................   288
            Section 843. Reporting requirement...................   289
            Section 844. Definitions.............................   289
        Title IX--Commission on Protecting and Reducing 
          Government Secrecy.....................................   290
            Section 901. Short title.............................   290
            Section 902. Findings................................   290
            Section 903. Purpose.................................   290
            Section 904. Composition of the Commission...........   291
            Section 905. Functions of the Commission.............   291
            Section 906. Powers of the Commission................   292
            Section 907. Staff of the Commission.................   293
            Section 908. Compensation and travel expenses........   293
            Section 909. Security clearances for Commission 
              members and staff..................................   293
            Section 910. Final report of Commission; termination.   294
    i. Foreign Relations Authorization Act, Fiscal Years 1992 and 
        1993 (Public Law 102-138) (partial text).................   295
            Section 1. Short title...............................   295
            Section 2. Table of contents.........................   295
        Title I--Department of State.............................   298
        Part A--Authorization of Appropriations..................   298
            Section 101. Administration of foreign affairs.......   298
            Section 102. International organizations and 
              conferences........................................   302
            Section 103. International commissions...............   304
            Section 104. Migration and refugee assistance........   305
            Section 105. Other programs..........................   306
        Part B--Department of State Authorities and Activities...   307
            Section 116. Multiyear contracting for Moscow........   307
            Section 122. Assistant Secretary of State for South 
              Asian Affairs......................................   308
            Section 125. Maintenance management of overseas 
              property...........................................   308
            Section 128. Visa lookout systems....................   309
            Section 129. Prohibition on issuance of Israel-only 
              passports..........................................   310
        Part C--Diplomatic Reciprocity and Security..............   311
            Section 132. Construction of diplomatic facilities...   312
            Section 134. Special agents..........................   313
            Section 135. Protection for United Nations facilities 
              and missions.......................................   313
            Section 136. Study of construction security needs....   313
        Part D--Personnel........................................   313
            Section 150. Commission to study personnel questions 
              at the Department of State.........................   313
            Section 151. Foreign national employees separation 
              pay................................................   315
            Section 154. Compensation for loss of personal 
              property incident to service.......................   315
            Section 155. Language training in the Foreign Service   315
        Part E--International Organizations......................   316
            Section 161. Material donations to United Nations 
              peacekeeping operations............................   316
            Section 164. Permanent International Association of 
              Road Congresses....................................   316
            Section 168. British-American Interparliamentary 
              Group..............................................   316
            Section 169. United States delegation to the 
              Parliamentary Assembly of the Conference on 
              Security and Cooperation in Europe (CSCE)..........   317
            Section 170. Report concerning the United Nations 
              Educational, Scientific, and Cultural Organization.   319
            Section 172. Intergovernmental negotiating committee 
              for a framework convention on climate change report   319
            Section 174. Housing benefits of the United States 
              mission to the United Nations......................   319
            Section 175. Enhanced support for United Nations 
              peacekeeping.......................................   320
            Section 176. Special purpose international 
              organizations......................................   320
            Section 177. Great Lakes Fishery Commission..........   321
            Section 178. Inter-American organizations............   321
            Section 179. International Coffee Organization.......   321
            Section 180. Appointment of special coordinator for 
              water policy negotiations and water resources 
              policy.............................................   321
            Section 181. Employment of U.S. citizens by 
              international organizations........................   322
        Part F--Miscellaneous Provisions.........................   322
            Section 192. Implementation of the Nairobi forward-
              looking strategies for the advancement of women....   322
            Section 193. Study of technical security and 
              counterintelligence capabilities...................   322
            Section 194. Study of sexual harassment at the 
              Department of State................................   323
            Section 195. Prohibition against fraudulent use of 
              ``Made in America'' labels.........................   323
            Section 196. Deadline for responses to questions from 
              congressional committees...........................   323
            Section 197. International credit reports............   324
            Section 198. Foreign Relations of the United States 
              Historical Series..................................   324
        Title III--Miscellaneous Foreign Policy Provisions.......   326
        Part A--Foreign Policy Provisions........................   326
            Section 301. Persian Gulf war criminals..............   326
            Section 303. Reports concerning China................   327
            Section 304. Report on terrorist assets in the United 
              States.............................................   329
        Part B--Arms Control and Proliferation...................   329
            Section 322. Policy on Middle East arms sales........   329
            Section 324. Report on Chinese weapons proliferation 
              practices..........................................   330
            Section 325. Report on SS-23 missiles................   330
        Part C--Declarations of Congress.........................   331
            Section 351. Reciprocal diplomatic status with Mexico   331
            Section 352. United States presence in Lithuania, 
              Latvia, and Estonia................................   331
            Section 353. Laotian-American relations..............   331
            Section 354. POW/MIA status..........................   331
            Section 355. China's illegal control of Tibet........   332
            Section 356. Release of prisoners held in Iraq.......   333
            Section 357. Policy toward Hong Kong.................   333
            Section 358. Policy toward Taiwan....................   333
            Section 359. Human rights abuses in East Timor.......   334
            Section 360. Support for new democracies.............   334
            Section 361. Policy regarding United States 
              assistance to the Soviet Union and Yugoslavia......   335
            Section 363. United States tactical nuclear weapons 
              designed for deployment in Europe..................   335
            Section 364. United States support for UNCED.........   336
        Title IV--Arms Transfers Restraint Policy for the Middle 
          East and Persian Gulf Region...........................   336
            Section 401. Findings................................   336
            Section 402. Multilateral arms transfer and control 
              regime.............................................   338
            Section 403. Limitation on United States arms sales 
              to the region......................................   340
            Section 404. Reports to the Congress.................   340
            Section 405. Relevant congressional committees 
              defined............................................   341
    j. International Peacekeeping Act of 1992 (Public Law 102-
        311) (partial text)......................................   342
    k. Foreign Relations Persian Gulf Conflict Emergency 
        Supplemental Authorization Act, Fiscal Year 1991 (Public 
        Law 102-20) (partial text)...............................   343
            Section 1. Short title...............................   343
            Section 2. Salaries and expenses.....................   343
            Section 3. Emergencies in the diplomatic and consular 
              service............................................   343
            Section 4. Special purpose passenger motor vehicles..   343
            Section 5. Agency for International Development 
              emergency evacuation expenses......................   343
            Section 6. Burdensharing.............................   344
    l. Foreign Relations Authorization Act, Fiscal Years 1990 and 
        1991 (Public Law 101-246) (partial text).................   345
            Section 1. Short title and table of contents.........   345
        Title I--Department of State.............................   346
        Part A--Authorization of Appropriations; Allocations of 
          Funds; Restrictions....................................   346
            Section 101. Administration of foreign affairs.......   346
            Section 102. International organizations and 
              conferences........................................   347
            Section 103. International commissions...............   348
            Section 104. Migration and refugee assistance........   349
            Section 105. Other programs..........................   350
        Part B--Department of State Authorities and Activities; 
          Foreign Missions.......................................   351
            Section 115. Enhancement of evacuation capability and 
              procedures regarding major disasters and incidents 
              abroad affecting United States citizens............   351
            Section 124. Opening a United States consulate in 
              Bratislava.........................................   351
            Section 125. Construction of United States embassy in 
              Ottawa.............................................   352
            Section 126. Voluntary pilot program for increased 
              participation by economically and socially 
              disadvantaged enterprises in foreign relations 
              activities.........................................   352
            Section 127. Report on Reorganization of the 
              Department of State................................   354
        Part C--Diplomatic Immunity, Reciprocity, and Security...   355
            Section 131. Exclusion of aliens previously involved 
              in serious criminal offenses committed in the 
              United States......................................   355
            Section 136. Increased participation of United States 
              contractors in local guard contracts abroad under 
              the diplomatic security program....................   356
        Part D--Personnel........................................   359
            Section 149. Foreign Service internship program......   359
            Section 151. Danger pay allowance....................   360
            Section 152. Judicial review of certain Foreign 
              Service grievances.................................   361
            Section 153. Broadening the cultural, geographic, and 
              ethnic representation of the Foreign Service and 
              the Department of State............................   361
            Section 154. Report to Congress concerning polygraph 
              program............................................   363
            Section 155. Study of sexual harassment at the 
              Department of State................................   363
            Section 156. Limitation on housing benefits..........   364
        Part E--Foreign Language Competence Within the Foreign 
          Service................................................   365
            Section 161. Expansion of model foreign language 
              competence posts...................................   365
            Section 162. Report on foreign language entrance 
              requirement for the Foreign Service................   366
            Section 163. Foreign Service promotion panels........   366
        Title IV--International Organizations and Commissions....   367
            Section 401. United States membership in 
              International Sugar Organization and International 
              Tropical Timber Organization.......................   367
            Section 402. Authorization for membership in the 
              International Union for the Conservation of Nature 
              and Natural Resources..............................   367
            Section 403. Authorization of appropriations for 
              membership in wildlife conventions.................   368
            Section 404. Authorization of appropriations for the 
              Commission on the Ukraine Famine...................   368
            Section 406. Annual report to Congress on voting 
              practices at the United Nations....................   368
            Section 407. Denial of visas to certain 
              representatives to the United Nations..............   370
            Section 408. Policy on UNESCO........................   370
            Section 410. Contribution to the regular budget of 
              the International Committee of the Red Cross.......   371
            Section 411. Sense of Congress concerning an enhanced 
              role for the International Court of Justice in 
              resolution of international disputes...............   371
            Section 412. International Boundary and Water 
              Commission.........................................   372
            Section 413. Review of multilateral and bilateral 
              commissions........................................   372
            Section 414. Membership of the Palestine Liberation 
              Organization in United Nations agencies............   373
            Section 415. Sense of Congress concerning the United 
              Nations Relief and Works Agency for Palestinian 
              Refugees in the Near East (UNRWA)..................   373
            Section 416. United Nations sponsorship of a Middle 
              East peace conference..............................   373
            Section 417. Contributions for peacekeeping 
              activities in southern Africa......................   374
        Title VII--Refugee and Other Provisions..................   376
            Section 702. Tibetan and Burmese refugees............   376
            Section 703. Report regarding Burmese students.......   376
            Section 704. The treatment of the Turkish minority by 
              the Government of the People's Republic of Bulgaria 
              and Bulgarian refugees in Turkey...................   377
        Title VIII--PLO Commitments Compliance Act of 1989.......   379
            Section 801. Short title.............................   379
            Section 802. Findings................................   379
            Section 803. Policy..................................   380
            Section 804. Reporting requirement...................   381
        Title IX--People's Republic of China.....................   383
            Section 901. Findings and statements of policy.......   383
            Section 902. Suspension of certain programs and 
              activities.........................................   387
        Title X--Miscellaneous Provisions........................   390
            Section 1001. Increasing amount of rewards for 
              combatting terrorism [amends other legislation]          
            Section 1002. Assignment of commercial officers to 
              the United States mission to the European Community   390
            Section 1003. Buy-American requirement...............   391
            Section 1004. Support for the Benjamin Franklin House 
              museum and library.................................   391
            Section 1005. Association of Democratic Nations......   392
            Section 1006. Policy regarding human rights abuses in 
              Cuba...............................................   393
            Section 1007. Concerning the submission to the 
              Congress of agreements pertaining to the boundaries 
              of the United States...............................   393
            Section 1008. Report to Congress concerning Oceania..   394
            Section 1009. Report concerning Mexico...............   394
            Section 1010. Establishment of a Latin American and 
              Caribbean data base................................   394
        Title XI--Budge Act Compliance...........................   395
            Section 1101. Compliance with Congressional Budget 
              Act................................................   395
            Section 1102. Waiver of Earmarks.....................   395
    m. Foreign Relations Authorization Act, Fiscal Years 1988 and 
        1989 (Public Law 100-204) (partial text).................   396
            Section 1. Short Title and Table of Contents.........   396
        Title I--The Department of State.........................   397
        Part A--Authorization of Appropriations; Allocations of 
          Funds; Restrictions....................................   397
            Section 101. Administration of Foreign Affairs.......   397
            Section 102. Contributions to International 
              Organizations and Conferences; International 
              Peacekeeping Activities............................   398
            Section 103. International Commissions...............   399
            Section 104. Migration and Refugee Assistance........   400
            Section 105. Other Programs..........................   401
            Section 106. Reduction in Earmarks if Appropriations 
              Are Less Than Authorizations.......................   401
            Section 107. Transfer of Funds.......................   401
            Section 108. Compliance With Presidential-
              Congressional Summit Agreement on Deficit Reduction   402
            Section 109. Prohibition on Use of Funds for 
              Political Purposes.................................   402
            Section 110. Latin American and Caribbean Data Bases.   402
        Part B--Department of State Authorities and Activities; 
          Foreign Missions.......................................   402
            Section 124. Report on Expenditures Made From 
              Appropriation for Emergencies in the Diplomatic and 
              Consular Service...................................   403
            Section 128. Limitation on the Use of a Foreign 
              Mission in a Manner Incompatible With Its Status as 
              a Foreign Mission..................................   403
            Section 129. Allocation of Shared Costs at Missions 
              Abroad.............................................   403
            Section 130. Prohibition on the Use of Funds for 
              Facilities in Israel, Jerusalem, or the West Bank..   404
            Section 131. Purchasing and Leasing of Residences....   404
            Section 132. Prohibition on Acquisition of House for 
              Secretary of State.................................   404
            Section 133. United States Department of State 
              Freedom of Expression..............................   404
            Section 137. Study and Report Concerning the Status 
              of Individuals With Diplomatic Immunity in the 
              United States......................................   405
            Section 138. Federal Jurisdiction of Direct Actions 
              Against Insurers of Diplomatic Agents..............   407
            Section 139. Enforcement of Case-Zablocki Act 
              Requirements.......................................   407
            Section 140. Annual Country Reports on Terrorism.....   407
            Section 141. Restriction on Use of Funds for Public 
              Diplomacy Efforts..................................   410
            Section 142. Authority to Invest and Recover Expenses 
              From International Claims Settlement Funds.........   411
        Part C--Diplomatic Reciprocity and Security..............   412
            Section 155. Personnel Security Program for Embassies 
              in High Intelligence Threat Countries..............   412
            Section 157. Prohibition on Certain Employment at 
              United States Diplomatic and Consular Missions in 
              Communist Countries................................   412
            Section 158. Termination of Retirement Benefits for 
              Foreign National Employees Engaging in Hostile 
              Intelligence Activities............................   413
            Section 159. Report on Employment of Foreign 
              Nationals at Foreign Service Posts Abroad..........   413
            Section 160. Construction Security Certification.....   414
            Section 162. Application of Travel Restrictions to 
              Personnel of Certain Countries and Organizations...   415
            Section 163. Counterintelligence Polygraph Screening 
              of Diplomatic Security Service Personnel...........   415
            Section 164. United States Embassy in Hungary........   415
        Part D--Personnel Matters................................   416
            Section 171. Commission to Study Foreign Service 
              Personnel System...................................   416
            Section 172. Protection of Civil Service Employees...   416
            Section 173. Compensation for Certain State 
              Department Officials...............................   417
            Section 174. Audit of Merit Personnel System of 
              Foreign Service....................................   417
            Section 175. Performance Pay.........................   418
            Section 177. Chief of Missions Salary................   418
            Section 178. Pay Level of Ambassadors at Large.......   418
            Section 179. Foreign Service Career Candidates Tax 
              Treatment..........................................   419
            Section 180. Prohibition on Member of a Foreign 
              Service Union Negotiating on Behalf of the 
              Department of State................................   419
            Section 181. Clarification of Jurisdiction of Foreign 
              Service Grievance Board............................   419
            Section 183. Women and Minorities in the Foreign 
              Service............................................   419
            Section 184. Compliance With Law Requiring Reports to 
              Congress...........................................   420
            Section 186. Disposition of Personal Property Abroad.   421
        Title VII--International Organizations...................   421
        Part A--United Nations...................................   421
            Section 701. Probable Exemptions to the United 
              Nations Employee Hiring Freeze.....................   421
            Section 702. Reform in the Budget Decisionmaking 
              Procedures of the United Nations and its 
              Specialized Agencies...............................   424
            Section 703. Housing Allowances of International 
              Civil Servants.....................................   424
            Section 706. Public Access to United Nations War 
              Crimes Commission Files............................   424
            Section 708. Protection of Tyre by the United Nations 
              Interim Force in Lebanon...........................   425
        Part B--United States Commission on Improving the 
          Effectiveness of the United Nations....................   425
            Section 721. Establishment of Commission.............   425
            Section 722. Purposes of the Commission..............   425
            Section 723. Membership of the Commission............   426
            Section 724. Powers of the Commission................   427
            Section 725. Staff...................................   427
            Section 726. Report..................................   428
            Section 727. Funding for the Commission..............   428
            Section 728. General Accounting Office Audits of the 
              Commission.........................................   429
            Section 729. Termination of the Commission...........   429
            Section 730. Effective Date..........................   429
        Part C--Other International Organizations................   429
            Section 742. Contribution to the Regular Budget of 
              the International Committee of the Red Cross and 
              Sense of Congress Concerning Recognition of Red 
              Shield of David....................................   429
            Section 746. Recognition of CARICOM..................   430
            Section 747. Asian-Pacific Regional Human Rights 
              Convention.........................................   430
        Title VIII--International Narcotics Control..............   430
            Section 801. Assignment of Drug Enforcement 
              Administration Agents Abroad.......................   430
            Section 803. Requirement That Extradition of Drug 
              Traffickers Be a Priority Issue of United States 
              Missions in Major Illicit Drug Producing or Transit 
              Countries..........................................   430
            Section 804. Information-Sharing System So That Visas 
              Are Denied to Drug Traffickers.....................   431
            Section 806. Sanctions on Drug Producing and Drug-
              Transit Countries..................................   431
        Title IX--Immigration And Refugee Provisions.............   431
            Section 902. Adjustment to Lawful Resident Status of 
              Certain Nationals of Countries for Which Extended 
              Voluntary Departure Has Been Made Available........   431
            Section 903. Processing of Cuban Nationals for 
              Admission to the United States.....................   432
            Section 904. Indochinese Refugee Resettlement........   433
            Section 905. Amerasian Children in Vietnam...........   435
            Section 906. Refugees from Southeast Asia............   436
            Section 907. Release of Yang Wei.....................   437
        Title XII--Regional Foreign Relations Matters............   438
        Part A--Soviet Union and Eastern Europe..................   438
            Section 1204. State Sponsored Harassment of Religious 
              Groups.............................................   438
            Section 1205. Observance by the Government of Romania 
              of the Human Rights of Hungarians in Transylvania..   438
            Section 1206. Self-Determination of the People from 
              the Baltic States of Estonia, Latvia, and Lithuania   439
            Section 1207. Assistance in Support of Democracy in 
              Poland.............................................   439
        Part B--Latin America and Cuba...........................   439
            Section 1211. Cuban Human Rights Violations and the 
              Failure of the United Nations to Place Cuba on Its 
              Human Rights Agenda................................   439
            Section 1212. Partial Lifting of the Trade Embargo 
              Against Nicaragua..................................   440
            Section 1213. Terrorist Bombing in Honduras..........   440
            Section 1214. Human Rights in Paraguay...............   441
        Part C--Africa...........................................   441
            Section 1221. Human Rights in Ethiopia...............   441
            Section 1222. United States Policy on Angola.........   441
        Part D--Middle East......................................   443
            Section 1231. Middle East Peace Conference...........   443
            Section 1232. United States Policy Toward Lebanon....   444
            Section 1233. Acting in Accordance With International 
              Law in the Persian Gulf............................   444
            Section 1234. United States Policy Toward the Iran-
              Iraq War...........................................   445
            Section 1235. Iran Human Rights Violations...........   445
            Section 1236. Iranian Persecution of the Baha'is.....   446
        Part E--Asia.............................................   447
            Section 1242. Report on Administration Policy on 
              Afghanistan........................................   447
            Section 1243. Human Rights Violations in Tibet by the 
              People's Republic of China.........................   448
            Section 1244. Support for the Right of Self-
              Determination for the Cambodian People.............   450
            Section 1245. Human Rights in the People's Republic 
              of China...........................................   451
            Section 1246. Democracy in Taiwan....................   451
        Part F--Miscellaneous....................................   453
            Section 1251. Reports on Illegal Technology Transfers   453
            Section 1252. Report on Progress Toward a World 
              Summit on Terrorism................................   454
            Section 1253. Protection of Americans Endangered by 
              the Appearance of Their Place of Birth on Their 
              Passports..........................................   454
            Section 1254. Support of Mutual Defense Alliances....   454
        Title XIII--Effective Date...............................   455
            Section 1301. Effective Date.........................   455
    n. Foreign Relations Authorization Act, Fiscal Years 1986 and 
        1987 (Public Law 99-93) (partial text)...................   456
            Section 1. Short Title and Table of Contents.........   456
        Title I--Department of State.............................   456
            Section 101. Authorizations of Appropriations........   456
            Section 102. Permanent Authorizations of 
              Appropriations.....................................   458
            Section 104. Security Earmark........................   458
            Section 105. Liaison by the National Commission on 
              Educational, Scientific, and Cultural Cooperation..   459
            Section 106. Australian Bicentennial.................   459
            Section 107. World Commission on Environment and 
              Development........................................   459
            Section 108. Earmarking of Refugee Assistance Funds..   459
            Section 109. International Committee of the Red Cross   460
            Section 110. Limitations on Use of Migration and 
              Refugee Assistance Funds...........................   460
            Section 115. Assistant Secretaries of State..........   460
            Section 120. Pilot Project for Foreign Service 
              Associates.........................................   461
            Section 121. Feasibility Study of a Lateral Entry 
              Program into the Foreign Service for Businessmen 
              and Farmers........................................   461
            Section 123. Foreign Service Institute Facilities....   461
            Section 130. Official Residence of Secretary of State   463
            Section 131. Strengthening the Personnel System of 
              the Bureau of International Narcotics Matters......   463
            Section 132. Sharing of Information Concerning Drug 
              Traffickers........................................   464
            Section 133. Extradition Treaties....................   464
            Section 135. Commendation of Ambassador to Mexico....   464
            Section 136. Soviet Employees at United States 
              Diplomatic and Consular Missions in the Soviet 
              Union..............................................   464
            Section 137. Responsibility of United States Missions 
              Abroad to Provide Support for United States 
              Businesses.........................................   465
            Section 138. Responsibility of United States Missions 
              to Promote Freedom of the Press Abroad.............   465
            Section 139. Emergency Telephone Service at U.S. 
              Consular Offices...................................   466
            Section 140. Responsibilities of United States 
              Representatives to International Organizations.....   466
            Section 145. International Jute Organization.........   467
            Section 146. INTELSAT................................   467
            Section 149. Inter-American Cooperation in Space, 
              Science, and Technology............................   469
            Section 150. Department of State Inspector General...   469
            Section 151. Employees of the United Nations.........   469
            Section 152. Representation of Minorities and Women 
              in the Foreign Service.............................   470
        Title VIII--Miscellaneous Provisions.....................   471
            Section 802. United States Institute of Peace........   471
            Section 803. Ex Gratia Payment to the Government of 
              Switzerland........................................   471
            Section 804. Policy Toward Application of the Yalta 
              Agreement..........................................   471
            Section 806. Democracy on Taiwan.....................   472
            Section 807. Increase United States-China Trade......   473
            Section 809. Refugees in Thailand....................   474
            Section 810. Policy Regarding Foreign Exchange 
              Intervention.......................................   474
            Section 811. Commending Mayor Teddy Kollek of 
              Jerusalem..........................................   475
            Section 812. Japan-United States Security 
              Relationship and Efforts by Japan To Fulfill Self-
              Defense Responsibilities...........................   475
            Section 814. United States International Narcotics 
              Control Commission.................................   476
    o. Department of State Authorization Act, Fiscal Years 1984 
        and 1985 (Public Law 98-164) (partial text)..............   479
        Title I--Department of State.............................   479
            Section 101. Short Title.............................   479
            Section 102. Authorization of Appropriations.........   479
            Section 103. Improvement of Consular Facilities in 
              Mexico City........................................   481
            Section 104. Additional Positions for Political and 
              Economic Reporting and for International 
              Communications and Information Policy..............   481
            Section 105. Alternate Communication Center..........   481
            Section 106. National Commission on Educational, 
              Scientific, and Cultural Cooperation...............   482
            Section 107. Coordinating Committee on Export 
              Controls...........................................   482
            Section 108. World Heritage Trust Fund...............   482
            Section 109. Interparliamentary Groups...............   482
            Section 110. Piracy in the Gulf of Thailand..........   483
            Section 111. Relief Assistance for El Salvador and 
              Lebanon............................................   483
            Section 112. World Intellectual Property Organization   483
            Section 113. Restriction on Assessed Payments to the 
              United Nations.....................................   483
            Section 114. Restrictions Relating to the Palestine 
              Liberation Organization and the South West Africa 
              People's Organization..............................   484
            Section 115. United States Participation in the 
              United Nations If Israel Is Illegally Expelled.....   485
            Section 116. Review of United States Participation in 
              the United Nations.................................   486
            Section 118. 1985 Conference--United Nations Decade 
              for Women..........................................   487
            Section 119. United Nations World Assembly on Aging..   487
            Section 125. Counselor of the Department of State....   488
            Section 127. Foreign National Employees..............   488
            Section 130. Merger of Foreign Service Information 
              Corps With Foreign Service Corps...................   488
            Section 131. Danger Pay..............................   488
            Section 133. Foreign Relations Publications..........   489
            Section 134. United States Diplomatic Relations With 
              the Vatican........................................   489
            Section 135. Use of Herbicides Containing Dioxin 
              Compounds by International Commissions.............   489
        Title X--Miscellaneous Provisions........................   490
            Section 1004. Termination of Assistance Programs for 
              Syria..............................................   490
            Section 1005. Prohibition on Certain Assistance to 
              the Khmer Rouge in Kampuchea.......................   491
            Section 1006. Raoul Wallenberg and Jan Kaplan........   491
            Section 1007. Policy Toward the Export of Nuclear-
              Related Equipment, Materials, or Technology, to 
              India, Argentina, and South Africa.................   492
            Section 1008. Acid Rain..............................   493
            Section 1009. International Agreements on Natural Gas   494
            Section 1010. Prepublication Review of Writings of 
              Former Federal Employees...........................   495
            Section 1012. Extended Voluntary Departure Status for 
              Certain El Salvadorans.............................   495
            Section 1013. Expedited Procedures for Certain Joint 
              Resolutions and Bills..............................   496
    p. Department of State Authorization Act, Fiscal Years 1982 
        and 1983 (Public Law 97-241) (partial text)..............   497
        Title I--Department of State.............................   497
            Section 101. Short Title.............................   497
            Section 102. Authorizations of Appropriations........   497
            Section 103. Reopening Certain United States 
              Consulates.........................................   499
            Section 104. Restrictions Relating to Palestinian 
              Rights Units and Projects Providing Political 
              Benefits to the Palestine Liberation Organization..   500
            Section 105. Payment of Assessed Contributions for 
              Certain International Organizations................   501
            Section 106. International Committee on the Red Cross   501
            Section 107. Assistance for Refugees Settling in 
              Israel.............................................   501
            Section 108. United Nations Educational, Scientific 
              and Cultural Organization..........................   501
            Section 109. Restriction on Contributions to the 
              United Nations Educational, Scientific and Cultural 
              Organization.......................................   502
            Section 110. Bilateral Science and Technology 
              Agreements.........................................   503
            Section 111. Asia Foundation.........................   503
            Section 113. Pan American Institute of Geography and 
              History............................................   503
            Section 114. International Institute for the 
              Unification of Private Law and the Hague Conference 
              on Private International Law.......................   504
            Section 115. Pan American Railway Congress...........   504
            Section 120. Private Sector Representatives on United 
              States Delegations to International 
              Telecommunications Meetings and Conferences........   504
        Title V--Miscellaneous Provisions........................   505
            Section 502. Report on Costs for Refugees and Cuban 
              and Haitian Entrants...............................   505
            Section 504. International Code of Marketing 
              Breastmilk Substitutes.............................   505
    q. Department of State Authorization Act, Fiscal Years 1980 
        and 1981 (Public Law 96-60) (partial text)...............   507
        Title I--Department of State.............................   507
            Section 101. Short Title.............................   507
            Section 102. Authorization of Appropriations.........   507
            Section 103. Assistance for Refugees Settling in 
              Israel.............................................   509
            Section 104. United States-Yugoslavia Bilateral 
              Science and Technology Agreement...................   509
            Section 106. Effective Date for Certain Promotions of 
              Foreign Service Officers...........................   509
            Section 107. Improvement in Foreign National Pay 
              Plans..............................................   509
            Section 108. United States Consulates................   510
            Section 110. United Nations Technical Assistance 
              Programs...........................................   510
        Title IV--Miscellaneous Provisions.......................   511
            Section 402. Change in Statutory Reference...........   511
            Section 403. Egyptian-Israeli Cultural, Scientific, 
              and Economic Relations.............................   511
            Section 405. Moratorium on the Commercial Killing of 
              Whales.............................................   511
            Section 406. Private Sector Representatives on the 
              United States Delegation to the World 
              Administrative Radio Conference....................   512
    r. Foreign Relations Authorization Act, Fiscal Year 1979 
        (Public Law 95-426) (partial text).......................   514
            Section 1. Short Title...............................   514
        Title I--Department of State.............................   514
            Section 101. Authorization of Appropriations for 
              Fiscal Year 1979...................................   514
            Section 103. United Nations Conference on Science and 
              Technology for Development.........................   515
            Section 104. Memorial Statue of General Marshall.....   516
            Section 105. Foreign Missions Solar Energy 
              Demonstration......................................   516
            Section 106. Assistance for Refugees Settling in 
              Israel.............................................   518
            Section 107. Assistance for Refugees in Africa.......   518
            Section 114. Under Secretary of State for Management.   518
            Section 120. Publication of Historical Documents by 
              the Department of State............................   518
            Section 121. Assistance to Bereaved United States 
              Families...........................................   518
            Section 122. Systematic Information-Sharing..........   518
            Section 123. Assisting Minority Enterprise...........   519
            Section 124. Limitation on Geographical Travel 
              Restrictions in United States Passports............   519
            Section 125. Diplomatic and Official Passports.......   519
            Section 126. Travel Restrictions on Foreign Citizens.   520
        Title IV--Foreign Service and Other Personnel............   520
        Title V--Science, Technology, and American Diplomacy.....   521
            Section 501. Findings................................   521
            Section 502. Declaration of Policy...................   521
            Section 503. Responsibilities of the President.......   522
            Section 504. Responsibility of the Secretary of State   523
        Title VI--Policy Provisions..............................   524
            Section 601. International Communication Policy......   524
            Section 602. Action Concerning Resources.............   524
            Section 603. International Journalistic Freedom......   525
            Section 604. International Food Reserve..............   525
            Section 605. Spanish Democracy.......................   526
            Section 606. Discriminatory Trade Practices Affecting 
              United States Foreign Relations....................   527
            Section 607. Conduct of Diplomatic Relations.........   527
            Section 608. Nuclear-Powered Satellites..............   528
            Section 609. World Alternate Energy Conference.......   528
            Section 610. Atrocities in Cambodia and Uganda.......   529
            Section 611. Equitable Treatment of United States 
              Citizens Living Abroad.............................   529
            Section 612. United States-Canadian Negotiations on 
              Air Quality........................................   530
            Section 613. Cuban Presence in Africa................   530
            Section 614. Palestinian Rights Units................   531
        Title VII--Miscellaneous Provisions......................   531
            Section 704. Contribution to the International Tin 
              Council............................................   531
            Section 705. Prohibition on Aid or Reparations to 
              Vietnam............................................   532
            Section 706. Use of Foreign Air Carriers.............   532
    s. Foreign Relations Authorization Act, Fiscal Year 1978 
        (Public Law 95-105) (partial text).......................   533
            Section 1. Short Title...............................   533
        Title I--State Department................................   533
            Section 101. Authorization of Appropriations.........   533
            Section 102. Transfer Authority......................   534
            Section 103. Contribution to the World Health 
              Organization.......................................   534
            Section 104. Assistance for Refugees Settling in 
              Israel.............................................   534
            Section 107. Strengthening Educational Exchange 
              Programs...........................................   534
            Section 109. Assistant Secretaries of State..........   535
            Section 110. Saint Lawrence Seaway Toll Negotiations.   535
            Section 111. Liability of Consular Officers..........   536
        Title IV--Foreign Service and Other Personnel............   536
            Section 411. Special Annuity for Certain Officers 
              Selected-Out from the Foreign Service..............   536
            Section 412. Compensation for Junior Foreign Service 
              Officers...........................................   537
            Section 414. Language Training for Foreign Service 
              Spouses............................................   538
        Title V--Miscellaneous Provisions........................   538
            Section 502. Belgrade Conference.....................   538
            Section 503. United Nations Reform...................   538
            Section 504. Information Offices in the United States   539
            Section 505. Reparations for Vietnam.................   539
            Section 506. Panama Canal............................   539
            Section 507. United Nations Conference on Science and 
              Technology for Development.........................   539
            Section 509. Foreign Employment......................   540
            Section 510. International Food Reserve..............   540
            Section 511. Negotiations with Cuba..................   541
            Section 512. United States Policy Toward Korea.......   541
            Section 514. International Boundary and Water 
              Commission.........................................   542
            Section 515. Foreign Gifts and Decorations...........   542
    t. Foreign Relations Authorization Act, Fiscal Year 1977 
        (Public Law 94-350) (partial text).......................   543
        Title I--State Department................................   543
            Section 101. Authorization of Appropriations.........   543
            Section 102. Transfer Authority......................   544
            Section 103. Contribution to the United Nations 
              Educational, Scientific, and Cultural Organization.   544
            Section 105. Russian Refugee Assistance..............   544
            Section 106. United States Passport Office...........   545
            Section 108. Payment to Lady Catherine Helen Shaw....   545
            Section 110. Pan American Games......................   545
            Section 113. Membership Authority for International 
              Organizations......................................   546
            Section 114. Panama Canal............................   546
            Section 115. International Joint Commission..........   546
            Section 121. Discrimination..........................   546
    u. Foreign Relations Authorization Act, Fiscal Year 1976 
        (Public Law 94-141) (partial text).......................   548
        Title I--Administration of Foreign Affairs...............   548
            Section 102. Travel Document and Issuance System.....   548
            Section 105. Reopening of United States Consulate at 
              Gothenburg, Sweden.................................   548
            Section 106. Agricultural Attache in China...........   549
        Title II--International Organizations, Conferences, and 
          Commissions............................................   549
            Section 205. United States Contribution to the United 
              Nations University Endowment Fund..................   549
        Title IV--Foreign Service................................   549
            Section 406. Authority of Certain Officers and 
              Employees to Carry Firearms........................   549
        Title V--General.........................................   549
            Section 503. United Nations Cooperation Regarding 
              Members of United States Armed Forces Missing in 
              Action in Southeast Asia...........................   549
    v. State Department/USIA Authorization Act, Fiscal Year 1975 
        (Public Law 93-475) (partial text).......................   550
            Section 3. Repeal of the Formosa Resolution..........   550
            Section 8. Limitation on Payments....................   550
            Section 14. International Materials..................   550
    w. Department of State Appropriations Authorization Act of 
        1973 (Public Law 93-126) (partial text)..................   552
            Section 9. Bureau of Oceans and International 
              Environmental and Scientific Affairs...............   552
            Section 11. Reimbursement for Detailed State 
              Department Personnel...............................   553
            Section 14. Limitation on Publicity and Propaganda 
              Purposes...........................................   553
            Section 16. Mutual Restraint on Military Expenditures   554
    x. Foreign Relations Authorization Act of 1972 (Public Law 
        92-352) (partial text)...................................   555
        Title V--General and Miscellaneous Provisions............   555
            Section 502. Expression of Individual Views to 
              Congress...........................................   555
        Title VI--Study Commission Relating to Foreign Policy....   555
            Section 601. Findings and Purpose....................   555
            Section 602. Commission on the Organization of the 
              Government for the Conduct of Foreign Policy.......   556
            Section 603. Duties of the Commission................   556
            Section 604. Powers of the Commission................   557
            Section 605. Staff of the Commission.................   558
            Section 606. Expenses of the Commission..............   558
    y. Department of State Appropriations........................   559
            (1) Department of State and Related Agency 
              Appropriations Act, 2001 (Public Law 106-553) 
              (partial text).....................................   559
            (2) Emergency Supplemental Act, 2000 (Public Law 106-
              246) (partial text)................................   570
            (3) Department of State and Related Agency 
              Appropriations Act, 2000 (Public Law 106-113) 
              (partial text).....................................   572
            (4) Department of State and Related Agencies 
              Appropriations Act, 1999 (Public Law 105-277) 
              (partial text).....................................   577
            (5) Department of State Appropriations Act, 1995 
              (Public Law 103-317) (partial text)................   582
            (6) Department of State Appropriations Act, 1988 
              (Public Law 100-202) (partial text)................   585
 2. Organization and Administration..............................   587
    a. Foreign Service Act of 1980 (Public Law 96-465)...........   587
    b. Foreign Affairs Agencies Consolidation Act of 1998 (Public 
        Law 105-277) (partial text)..............................   747
    c. International Postal Arrangements; Postal Services at 
        Diplomatic Posts (39 U.S.C. 407, 413)....................   774
    d. Foreign Service Retirement Amendments of 1976 (Public Law 
        94-350) (partial text)...................................   776
    e. Coordination Procedures--U.S. Diplomatic Missions 
        (Executive Order 10338)..................................   780
    f. The Foreign Service of the United States (Executive Order 
        12293)...................................................   782
    g. Designation of Certain Officers to Act as Secretary of 
        State (Executive Order 12343)............................   786
    h. Interdepartmental Operations of the U.S. Government 
        Overseas.................................................   787
            (1) Foreign Intelligence Surveillance (Public Law 95-
              511)...............................................   787
            (2) U.S. Intelligence Activities (Executive Order 
              12333).............................................   824
            (3) President's Foreign Intelligence Advisory Board 
              (Executive Order 12863)............................   841
            (4) Foreign Intelligence Physical Searches (Executive 
              Order 12949).......................................   844
    i. International Agreements..................................   845
            (1) Compilation and Transmittal of International 
              Agreements--(1 U.S.C. 112a and 112b)...............   845
            (2) Coordination and Reporting of International 
              Agreements (22 CFR 181)............................   848
            (3) Implementation of Human Rights Treaties 
              (Executive Order 13107)............................   857
            (4) Delegating to the Secretary of State Certain 
              Functions With Respect to the Negotiation of 
              International Agreements Relating to the 
              Enhancement of the Environment (Executive Order 
              11742).............................................   860
    j. Textile Trade Agreements (Executive Order 11651)..........   861
    k. United States Institute for Peace Act (Public Law 98-525) 
        (partial text)...........................................   861
    l. National Academy of Peace and Conflict Resolution (Title 
        XV, Part B of Public Law 95-561).........................   877
 3. Diplomatic Security and Anti-Terrorism.......................   880
    a. International Terrorism, Torture, and War Crimes (18 
        U.S.C.)..................................................   880
    b. Omnibus Diplomatic Security and Antiterrorism Act of 1986 
        (Public Law 99-399) (partial text).......................   898
            Title I--Diplomatic Security.........................   898
            Title II--Personnel..................................   905
            Title III--Performance and Accountability............   906
            Title IV--Diplomatic Security Program................   911
            Title V--State Department Authorities to Combat 
              International Terrorism............................   918
            Title VI--International Nuclear Terrorism............   919
            Title VII--Multilateral Cooperation to Combat 
              International Terrorism............................   920
            Title VIII--Victims of Terrorism Compensation Act....   922
            Title IX--Maritime Security..........................   933
            Title X--Fascell Fellowship Program [see page 1412]        
            Title XI--Security at Military Bases Abroad..........   938
            Title XII--Criminal Punishment of International 
              Terrorism..........................................   939
            Title XIII--Miscellaneous Provisions.................   939
    c. Payment of Certain Anti-Terrorism Judgments (Public Law 
        106-386) (partial text)..................................   945
    d. National Terrorist Asset Trading Center (Public Law 106-
        346) (partial text)......................................   950
    e. Secure Embassy Construction and Counterterrorism Act of 
        1999 (Public Law 106-113) (partial text).................   951
    f. Information on Violent Crimes Abroad (Public Law 105-107) 
        (partial text)...........................................   959
    g. Sense of Senate Regarding Act of International Terrorism 
        (Public Law 104-264) (partial text)......................   961
    h. Antiterrorism and Effective Death Penalty Act of 1996 
        (Public Law 104-132) (partial text)......................   962
    i. Intelligence Authorization Act for Fiscal Year 1996 
        (Public Law 104-93) (partial text).......................   978
    j. Torture Victim Protection Act of 1992 (Public Law 102-256)   979
    k. Biological Weapons Anti-Terrorism Act of 1989 (Public Law 
        101-298; 18 U.S.C.) (partial text).......................   981
    l. Anti-Terrorism and Arms Export Amendments Act of 1989 
        (Public Law 101-222) (partial text)......................   985
    m. Anti-Terrorism Act of 1987 (Public Law 100-204) (partial 
        text)....................................................   986
    n. Achille Lauro Hijackers and Other Terrorists: Demand for 
        Apprehension, Prosecution and Punishment (Public Law 99-
        177) (partial text)......................................   989
    o. 1984 Act to Combat International Terrorism (Public Law 98-
        533).....................................................   990
    p. Hostage Relief Act of 1980 (Public Law 96-449)............   996
    q. Hostage Relief Act--Delegation of Authority (Executive 
        Order 12268).............................................  1004
    r. Interagency Security Committee (Executive Order 12977)....  1005
 4. Passport Laws and Regulations................................  1008
    a. Protection of Citizens Abroad (Act of July 27, 1868)......  1008
    b. Passport Authority........................................  1009
            (1) Secretary of State's Passport Authority (Act of 
              July 3, 1926) (partial text).......................  1009
            (2) Delegation of Authority (Executive Order 11295) 
              (partial text).....................................  1011
            (3) Nationality and Passport Regulations (22 CFR 50 
              through 53)........................................  1013
    c. Passport Limitations......................................  1042
            (1) Allegiance to the United States (Act of July 14, 
              1902)..............................................  1042
            (2) Application for Passport (Act of June 15, 1917) 
              (partial text).....................................  1043
            (3) Fees (Act of June 4, 1920) (partial text)........  1044
            (4) Ten Year Validity of Passport (Act of July 3, 
              1926) (partial text)...............................  1046
    d. Travel Documentation of Aliens and Citizens (Immigration 
        and Nationality Act of 1952) (partial text)..............  1047
    e. Criminal Provisions.......................................  1049
            (1) Punishable Violations (Public Law 80-772) 
              (partial text).....................................  1049
            (2) Statute of Limitations (Act of June 30, 1951) 
              (partial text).....................................  1054
 5. Trafficking Victims Protection Act of 2000 (Public Law 106-
    386) (partial text)..........................................  1055
 6. International Religious Freedom Act of 1998 (Public Law 105-
    292).........................................................  1077
 7. Foreign Service Buildings....................................  1111
    a. Foreign Service Buildings Act, 1926, as amended (Public 
        Law 69-186)..............................................  1111
    b. The Act of May 25, 1938 (Public Law 75-543)...............  1120
    c. The Act of July 25, 1946 (Public Law 79-547)..............  1121
    d. Jerusalem Embassy Act of 1995 (Public Law 104-45).........  1122
 8. International Center Act (Public Law 90-553, as amended).....  1125
 9. Foreign Gifts and Decorations................................  1128
    a. Foreign Gifts and Decorations Act of 1966, as amended 
        (Public Law 89-673)......................................  1128
    b. Senate Resolution 314, 90th Congress, July 19, 1968.......  1129
    c. Receipt and Disposition of Foreign Gifts and Decorations 
        (Public Law 95-105) (partial text).......................  1130
    d. Gifts and Decorations Regulations (22 CFR 3.1-3.12).......  1136
10. Immigration, Migration, and Refugee Assistance...............  1144
    a. Administration............................................  1144
            (1) Migration and Refugee Assistance Act of 1962, as 
              amended (Public Law 87-510)........................  1144
            (2) Administration of the Migration and Refugee 
              Assistance Act of 1962 (Executive Order 11077).....  1151
            (3) Immigration and Nationality Act (Public Law 82-
              414) (partial text)................................  1154
            (4) Immigration Reform and Control Act of 1986 
              (Public Law 99-603) (partial text).................  1159
            (5) Refugee Act of 1980 (Public Law 96-212) (partial 
              text)..............................................  1161
            (6) Bring Them Home Alive Act of 2000 (Public Law 
              106-484)...........................................  1163
            (7) Syrian Nationals--Adjustment of Immigrant Status 
              (Public Law 106-378) (partial text)................  1166
            (8) Irish Peace Process Cultural and Training Program 
              Act (Public Law 105-319)...........................  1168
            (9) Interdiction of Illegal Aliens (Executive Order 
              12807).............................................  1170
            (10) Consultations on the Admission of Refugees 
              (Executive Order 12208)............................  1172
    b. Caribbean.................................................  1174
            (1) Haitian Refugee Immigration Fairness Act of 1998 
              (Public Law 105-277) (partial text)................  1174
            (2) Nicaraguan Adjustment and Central American Relief 
              Act (Public Law 105-100) (partial text)............  1180
            (3) Cuban Political Prisoners and Immigrants (Public 
              Law 100-202) (partial text)........................  1186
            (4) Refugee Education Assistance Act of 1980 (Public 
              Law 96-422) (partial text).........................  1188
            (5) Cuban Refugee Adjustment Act of 1966 (Public Law 
              89-732) (partial text).............................  1190
            (6) Cuban and Haitian Entrants (Executive Order 
              12341).............................................  1192
    c. China and Indochina.......................................  1193
            (1) Visas for Officials of Taiwan (Public Law 103-
              416) (partial text)................................  1193
            (2) Chinese Student Protection Act of 1992 (Public 
              Law 102-404).......................................  1194
            (3) Indochinese Refugee Resettlement and Protection 
              Act of 1987 (Public Law 100-202) (partial text)....  1197
            (4) Eligibility Criteria for Admission of Refugees 
              from Cambodia (Public Law 95-624) (partial text)...  1201
            (5) Indochina Refugees--Status Adjustment (Public Law 
              95-145) (partial text).............................  1202
            (6) Policy Implementation With Respect to Nationals 
              of the People's Republic of China (Executive Order 
              12711).............................................  1204
    d. Former Soviet Union.......................................  1206
            (1) Soviet Scientists Immigration Act of 1992 (Public 
              Law 102-509).......................................  1206
            (2) Adjustment of Status for Soviet and Indochinese 
              Parolees (Public Law 101-167) (partial text).......  1208
11. Recognition by the United States of Foreign Governments 
    (Senate Resolution 205, 91st Congress).......................  1211
12. The Asia Foundation Act (Public Law 98-164) (partial text)...  1212

=======================================================================

      
                  1. Authorizations and Appropriations

              a. Establishment of the Department of State

  Revised Statutes, as amended, derived from Act of July 27, 1789 (1 
Stat. 28), Act of September 15, 1789 (1 Stat. 68), Act of September 23, 
 1789 (1 Stat. 97), Act of March 9, 1868 (15 Stat. 40) and Act of June 
                        8, 1872 (17 Stat. 287).

    Sec. 199.\1\ There shall be at the seat of Government an 
Executive Department to be known as the Department of State, 
and a Secretary of State, who shall be the head thereof.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651, R.S. Section 199, derived from Acts of July 27, 
1789 (1 Stat. 28), and September 15, 1789 (1 Stat. 68)
    Section 2 of Public Law 96-241 (94 Stat. 343; 22 U.S.C. 2651 note) 
provided:
    ``Sec. 2. (a) Any person aggrieved by an action of the Secretary of 
State may bring a civil action in an appropriate United States district 
court to contest the constitutionality of the appointment and 
continuance in office of the Secretary of State on the ground that such 
appointment and continuance in office is in violation of article I, 
section 6, clause 2, of the Constitution. The United States district 
courts shall have exclusive jurisdiction, without regard to the sum or 
value of the matter in controversy, to determine the validity of such 
appointment and continuance in office.
    ``(b) Any action brought under this section shall be heard and 
determined by a panel of three judges in accordance with section 2284 
of title 28, United States Code. Any review of the action of a court 
convened pursuant to such section shall be by petition of certiorari to 
the Supreme Court.
    ``(c) Any judge designated to hear any action brought under this 
section shall cause such action to be in every way expedited.
    ``(d) This section applies only with respect to the Secretary of 
State who is first appointed to that office after the enactment of this 
Act (May 3, 1980).''.
---------------------------------------------------------------------------
    Sec. 200 * * * [Obsolete]
    Sec. 201 * * * [Obsolete]
    Sec. 202.\2\ The Secretary of State shall perform such 
duties as shall from time to time be enjoined on or intrusted 
to him by the President relative to correspondences, 
commissions, or instructions to or with public ministers or 
consuls from the United States, or to negotiations with public 
ministers from foreign states or princes, or to memorials or 
other applications from foreign public ministers or other 
foreigners, or to such other matters respecting foreign affairs 
as the President of the United States shall assign to the 
department, and he shall conduct the business of the department 
in such manner as the President shall direct.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2656, R.S. Section 202, derived from Acts of July 27, 
1789 (1 Stat. 28), and September 15, 1789 (1 Stat. 68).
---------------------------------------------------------------------------
    Sec. 203.\3\ The Secretary of State shall have the custody 
and charge of the seal of the Department of State, and of all 
the books, records, papers, furniture, fixtures, and other 
property which on June 22, 1874, remained in and appertained to 
the Department, or were thereafter acquired for it.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2657, R.S. Section 203, derived from Acts of July 27, 
1789 (1 Stat. 29), and September 15, 1789 (1 Stat. 69).
---------------------------------------------------------------------------
    Sec. 204 * * * [Obsolete]
    Sec. 205 * * * [Obsolete]
    Sec. 206.\4\ The Secretary of State shall procure from time 
to time such of the statutes of the several States as may not 
be in his office.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2659, R.S. Section 206, derived from Act of September 
23, 1789 (1 Stat. 97).
---------------------------------------------------------------------------
    Sec. 207-9 * * * [Obsolete]
    Sec. 210.\5\ The Secretary of State shall furnish to the 
Public Printer a correct copy of every treaty between the 
United States and any foreign government as soon as possible 
after it has been duly ratified and has been proclaimed by the 
President; and also of every postal convention made between the 
United States Postal Service, by and with the advice and 
consent of the President, on the part of the United States and 
foreign countries, as soon as possible after copies of such 
conventions have been transmitted to him by the United States 
Postal Service.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2660, R.S. 210, derived from Acts of March 9, 1868 
(15 Stat. 40) and June 8, 1872 (17 Stat. 287). The Reorganization Plan 
No. 20 of 1950 transferred to the Administrator of General Services a 
requirement of the Secretary of State to furnish ``a correct copy of 
every act and joint resolution, as soon as possible after its approval 
by the President, or after it has become a law in accordance with the 
Constitution without such approval; * * *''.
           b. State Department Basic Authorities Act of 1956

Public Law 84-885 [S. 2569], 70 Stat. 890, approved August 1, 1956; as 
    amended by Public Law 86-624 [H.R. 11602], 74 Stat. 411, approved 
    July 12, 1960; Public Law 86-707 [H.R. 7758], 74 Stat. 800, 
    approved September 6, 1960; Public Law 86-723 [S. 2633], 74 Stat. 
    847, approved September 8, 1960; Public Law 87-565 [Foreign 
    Assistance Act of 1962, S. 2996], 76 Stat. 263, approved August 1, 
    1962; Public Law 88-205 [Foreign Assistance Act of 1963, H.R. 
    7885], 77 Stat. 391, approved December 16, 1963; Public Law 92-226 
    [Foreign Assistance Act of 1971, S. 2819], 86 Stat. 20, approved 
    February 7, 1972; Public Law 92-352 [Foreign Relations 
    Authorization Act of 1972, H.R. 14734], 86 Stat. 489, approved July 
    13, 1972; Public Law 93-475 [State Department Authorization Act, 
    Fiscal Year 1975; S. 3473], 88 Stat. 1439, approved October 26, 
    1974; Public Law 94-141 [Foreign Relations Authorization Act, 
    Fiscal Year 1976; S. 1517], 89 Stat. 756, approved November 29, 
    1975; Public Law 94-350 [Foreign Relations Authorization Act, 
    Fiscal Year 1977; S. 3168], 90 Stat. 823, approved July 12, 1976; 
    Public Law 95-45 [H.R. 5040], 91 Stat. 221, approved June 15, 1977; 
    Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 
    1978; H.R. 6689], 91 Stat. 844, approved August 17, 1977; Public 
    Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; 
    H.R. 12598], 92 Stat. 963, approved October 7, 1978; Public Law 96-
    60 [Foreign Relations Authorization Act, Fiscal Years 1980 and 
    1981; H.R. 3363], 93 Stat. 395, approved August 15, 1979; Public 
    Law 96-465 [Foreign Service Act of 1980, H.R. 6790], 94 Stat. 2071 
    at 2153 and 2160, approved October 17, 1980; Public Law 97-241 
    [Department of State Authorization Act, Fiscal Years 1982 and 1983 
    ; S. 1193], 96 Stat. 273, approved August 24, 1982; Public Law 98-
    164 [Department of State Authorization Act, Fiscal Years 1984 and 
    1985; H.R. 2195], 97 Stat. 1017, approved November 22, 1983; Public 
    Law 98-533 [1984 Act to Combat International Terrorism, H.R. 6311], 
    98 Stat. 2706, approved October 19, 1984; Public Law 98-618 
    [Intelligence Authorization Act for Fiscal Year 1985, H.R. 5399], 
    98 Stat. 3298, approved November 8, 1984; Public Law 99-93 [Foreign 
    Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 
    2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-399 
    [Omnibus Diplomatic Security and Antiterrorism Act, H.R. 4151], 100 
    Stat. 871 approved August 27, 1986; Public Law 99-569 [Intelligence 
    Authorization Act for Fiscal Year 1987, H.R. 4759], 100 Stat. 3190, 
    approved October 27, 1986; Public Law 100-204 [Foreign Relations 
    Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 
    Stat. 1331, approved December 22, 1987; Public Law 100-690 
    [International Narcotics Control Act of 1988, H.R. 5210], 102 Stat. 
    4181 at 4287, approved November 18, 1988; Public Law 101-231 
    [International Narcotics Control Act of 1989, H.R. 3611], 103 Stat. 
    1954, approved December 13, 1989; Public Law 101-246 [Foreign 
    Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 
    3792], 104 Stat. 15, approved February 16, 1990; and by Public Law 
    101-649 [Immigration Act of 1990; S. 358], 104 Stat. 4978, approved 
    November 29, 1990; Public Law 102-20 [Foreign Relations Persian 
    Gulf Conflict Emergency Supplemental Authorization Act, Fiscal Year 
    1991; H.R. 1176], 105 Stat. 68, approved March 27, 1991; Public Law 
    102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 
    1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public 
    Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 
    and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; 
    Public Law 103-415 [H.R. 5034], 108 Stat. 4299, approved October 
    25, 1994; Public Law 104-134 [Department of State and Related 
    Agencies Appropriations Act, 1996; title IV of sec. 101(a) of the 
    Omnibus Consolidated Rescissions and Appropriations Act of 1996; 
    H.R. 3019], 110 Stat. 1321, approved April 26, 1996; Public Law 
    104-316 [General Accounting Office Act of 1996; H.R. 3864], 110 
    Stat. 3826, approved October 19, 1996; Public Law 105-261 [Strom 
    Thurmond National Defense Authorization Act for Fiscal Year 1999; 
    H.R. 3616], 112 Stat. 1920, approved October 17, 1998; Public Law 
    105-277 [Foreign Affairs Agencies Consolidation Act of 1998, 
    subdivision A of division G of H.R. 4328], 112 Stat. 2681, approved 
    October 21, 1998; Public Law 105-277 [Foreign Relations 
    Authorization Act, Fiscal Years 1998 and 1999, subdivision B of 
    division G of H.R. 4328], 112 Stat. 2681, approved October 21, 
    1998; [Public Law 105-323 [H.R. 4660], 112 Stat. 3029, approved 
    October 30, 1998; Public Law 105-375 [S. 759], 112 Stat. 3385, 
    approved November 12, 1998; Public Law 106-113 [Admiral James W. 
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal 
    Years 2000 and 2001, H.R. 3427, enacted by reference in sec. 
    1000(a)(7) of H.R. 3194], 113 Stat. 1501, approved November 29, 
    1999; and by Public Law 106-553 [Department of State and Related 
    Agency Appropriations Act, 2001, title IV of H.R. 5548, enacted by 
    reference in sec. 1(a)(2) of H.R. 4942], 114 Stat. 2762A, approved 
    December 21, 2000

 AN ACT To provide certain basic authority for the Department of State.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``State Department Basic Authorities 
Act of 1956''.\1\
---------------------------------------------------------------------------
    \1\ Sec. 111(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 654) added ``That 
this Act may be cited as the `State Department Basic Authorities Act of 
1956'.''.
---------------------------------------------------------------------------

                  TITLE I--BASIC AUTHORITIES GENERALLY

                organization of the department of state

    Section 1.\2\ (a) Secretary of State.--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2651a. Sec. 161(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 402), amended and restated sec. 1. It formerly read as follows 
(formerly at 22 U.S.C. 2662):
    ``Section 1. The Secretary of State is authorized to establish, 
maintain, and operate passport and dispatch agencies.''.
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          (1) The Department of State shall be administered, in 
        accordance with this Act and other provisions of law, 
        under the supervision and direction of the Secretary of 
        State (hereinafter referred to as the ``Secretary'').
          (2) The Secretary, the Deputy Secretary of State, and 
        the Deputy Secretary of State for Management and 
        Resources \3\ shall be appointed by the President, by 
        and with the advice and consent of the Senate.
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    \3\ Sec. 1(f)(1) of Public Law 103-415 (108 Stat. 4299) inserted 
``and the Deputy Secretary of State'' after ``Secretary''. Sec. 404(a) 
of the Department of State and Related Agency Appropriations Act, 2001 
(title IV of H.R. 5548, enacted by reference in sec. 1(a)(2) of Public 
Law 106-553; 114 Stat. 2762A-96) struck out ``and the Deputy Secretary 
of State'' and inserted in lieu thereof ``the Deputy Secretary of 
State, and the Deputy Secretary of State for Management and 
Resources''.
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          (3)(A) Notwithstanding any other provision of law and 
        except as provided in this section, the Secretary shall 
        have and exercise any authority vested by law in any 
        office or official of the Department of State. The 
        Secretary shall administer, coordinate, and direct the 
        Foreign Service of the United States and the personnel 
        of the Department of State, except where authority is 
        inherent in or vested in the President.
          (B)(i) The Secretary shall not have the authority of 
        the Inspector General or the Chief Financial Officer.
          (ii) The Secretary shall not have any authority given 
        expressly to diplomatic or consular officers.
          (4) The Secretary is authorized to promulgate such 
        rules and regulations as may be necessary to carry out 
        the functions of the Secretary of State and the 
        Department of State. Unless otherwise specified in law, 
        the Secretary may delegate authority to perform any of 
        the functions of the Secretary or the Department to 
        officers and employees under the direction and 
        supervision of the Secretary. The Secretary may 
        delegate the authority to redelegate any such 
        functions.
    (b) Under Secretaries.--
          (1) In general.--There \4\ shall be in the Department 
        of State not more than 6 \5\ Under Secretaries of 
        State, who shall be appointed by the President, by and 
        with the advice and consent of the Senate, and who 
        shall be compensated at the rate provided for at level 
        III of the Executive Schedule under section 5314 of 
        title 5, United States Code.
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    \4\ Sec. 1213(1) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-767) struck out ``There'' and inserted in lieu thereof ``(1) 
There--''. Sec. 1213(2) of that Act added para. (2).
    \5\ Sec. 2305(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-825), raised this number from 5 to 6.
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          (2) \4\ Under secretary for arms control and 
        international security.--There shall be in the 
        Department of State, among the Under Secretaries 
        authorized by paragraph (1), an Under Secretary for 
        Arms Control and International Security, who shall 
        assist the Secretary and the Deputy Secretary in 
        matters related to international security policy, arms 
        control, and nonproliferation. Subject to the direction 
        of the President, the Under Secretary may attend and 
        participate in meetings of the National Security 
        Council in his role as Senior Advisor to the President 
        and the Secretary of State on Arms Control and 
        Nonproliferation Matters.
          (3) \6\ Under secretary for public diplomacy.--There 
        shall be in the Department of State, among the Under 
        Secretaries authorized by paragraph (1), an Under 
        Secretary for Public Diplomacy, who shall have primary 
        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.
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    \6\ Sec. 1313 of the Foreign Affairs Agencies Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-776) added para. (3).
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          (4) \7\ Nomination of Under Secretaries.--Whenever 
        the President submits to the Senate a nomination of an 
        individual for appointment to a position in the 
        Department of State that is described in paragraph (1), 
        the President shall designate the particular Under 
        Secretary position in the Department of State that the 
        individual shall have.
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    \7\ Sec. 2306(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-826), added para. (4).
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    (c) \8\ Assistant Secretaries.--
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    \8\ Sec. 1112 of the Arms Control, Nonproliferation, and Security 
Assistance Act of 1999 (Division B of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2001 and 
2001 (enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), provided the following:
    ``SEC. 1112. ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND 
COMPLIANCE.
    ``(a) Designation of Position.--The Secretary of State shall 
designate one of the Assistant Secretaries of State authorized by 
section 1(c)(1) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a(c)(1)) as the Assistant Secretary of State for 
Verification and Compliance. The Assistant Secretary shall report to 
the Under Secretary of State for Arms Control and International 
Security.
    ``(b) Directive Governing the Assistant Secretary of State.--
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          ``(1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of State shall issue a 
        directive governing the position of the Assistant Secretary.
          ``(2) Elements of the directive.--The directive issued under 
        paragraph (1) shall set forth, consistent with this section--

                  ``(A) the duties of the Assistant Secretary;
                  ``(B) the relationships between the Assistant 
                Secretary and other officials of the Department of 
                State;
                  ``(C) any delegation of authority from the Secretary 
                of State to the Assistant Secretary; and
                  ``(D) such matters as the Secretary considers 
                appropriate.
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    ``(c) Duties.--
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          ``(1) In general.--The Assistant Secretary shall have as his 
        principal responsibility the overall supervision (including 
        oversight of policy and resources) within the Department of 
        State of all matters relating to verification and compliance 
        with international arms control, nonproliferation, and 
        disarmament agreements or commitments.
          ``(2) Participation of the assistant secretary.--

                  ``(A) Primary role.--Except as provided in 
                subparagraphs (B) and (C), the Assistant Secretary, or 
                his designee, shall participate in all interagency 
                groups or organizations within the executive branch of 
                Government that assess, analyze, or review United 
                States planned or ongoing policies, programs, or 
                actions that have a direct bearing on verification or 
                compliance matters, including interagency intelligence 
                committees concerned with the development or 
                exploitation of measurement or signals intelligence or 
                other national technical means of verification.
                  ``(B) Requirement for designation.--Subparagraph (A) 
                shall not apply to groups or organizations on which the 
                Secretary of State or the Undersecretary of State for 
                Arms Control and International Security sits, unless 
                such official designates the Assistant Secretary to 
                attend in his stead.
                  ``(C) National security limitation.--
                      ``(i) Waiver by president.--The President may 
                waive the provisions of subparagraph (A) if inclusion 
                of the Assistant Secretary would not be in the national 
                security interests of the United States.
                      ``(ii) Waiver by others.--With respect to an 
                interagency group or organization, or meeting thereof, 
                working with exceptionally sensitive information 
                contained in compartments under the control of the 
                Director of Central Intelligence, the Secretary of 
                Defense, or the Secretary of Energy, such Director or 
                Secretary, as the case may be, may waive the provision 
                of subparagraph (A) if inclusion of the Assistant 
                Secretary would not be in the national security 
                interests of the United States.
                      ``(iii) Transmission of waiver to congress.--Any 
                waiver of participation under clause (i) or (ii) shall 
                be transmitted in writing to the appropriate committees 
                of Congress.

          ``(3) Relationship to the intelligence community.--The 
        Assistant Secretary shall be the principal policy community 
        representative to the intelligence community on verification 
        and compliance matters.
          ``(4) Reporting Responsibilities.--The Assistant Secretary 
        shall have responsibility within the Department of State for--

                  ``(A) all reports required pursuant to section 306 of 
                the Arms Control and Disarmament Act (22 U.S.C. 2577);
                  ``(B) so much of the report required under paragraphs 
                (4) through (6) of section 403(a) of the Arms Control 
                and Disarmament Act (22 U.S.C. 2593a(a)(4) through (6)) 
                as relates to verification or compliance matters; and
                  ``(C) other reports being prepared by the Department 
                of State as of the date of enactment of this Act 
                relating to arms control, nonproliferation, or 
                disarmament verification or compliance matters.''.
          (1) In general.--There shall be in the Department of 
        State not more than 24 \9\ Assistant Secretaries of 
        State, each of whom shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate, and who shall be compensated at the rate 
        provided for at level IV of the Executive Schedule 
        under section 5315 of title 5.
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    \9\ Sec. 2305(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-825), raised this number from 20 to 24.
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          (2) \10\ Assistant secretary of state for democracy, 
        human rights, and labor.--(A) There shall be in the 
        Department of State an Assistant Secretary of State for 
        Democracy, Human Rights, and Labor who shall be 
        responsible to the Secretary of State for matters 
        pertaining to human rights and humanitarian affairs 
        (including matters relating to prisoners of war and 
        members of the United States Armed Forces missing in 
        action) in the conduct of foreign policy and such other 
        related duties as the Secretary may from time to time 
        designate. The Secretary of State shall carry out the 
        Secretary's responsibility under section 502B of the 
        Foreign Assistance Act of 1961 through the Assistant 
        Secretary.
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    \10\ On December 2, 1996, the Secretary of State established an 
Advisory Committee on Religious Freedom Abroad, ``as part of this 
Administration's work to promote human rights issues.'' See Department 
of State Public Notice 2489 (61 F.R. 67090).
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          (B) The Assistant Secretary of State for Democracy, 
        Human Rights, and Labor shall maintain continuous 
        observation 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:
                  (i) Gathering detailed information regarding 
                humanitarian affairs and the observance of and 
                respect for internationally recognized human 
                rights in each country to which requirements of 
                sections 116 and 502B of the Foreign Assistance 
                Act of 1961 are relevant.
                  (ii) Preparing the statements and reports to 
                Congress required under section 502B of the 
                Foreign Assistance Act of 1961.
                  (iii) Making recommendations to the Secretary 
                of State and the Administrator of the Agency 
                for International Development regarding 
                compliance with sections 116 and 502B of the 
                Foreign Assistance Act of 1961, and as part of 
                the Assistant Secretary's overall policy 
                responsibility for the creation of United 
                States Government human rights policy, advising 
                the Administrator of the Agency for 
                International Development on the policy 
                framework under which section 116(e) projects 
                are developed and consulting with the 
                Administrator on the selection and 
                implementation of such projects.
                  (iv) Performing other responsibilities which 
                serve to promote increased observance of 
                internationally recognized human rights by all 
                countries.
          (3) \11\ Nomination of Assistant Secretaries.--
        Whenever the President submits to the Senate a 
        nomination of an individual for appointment to a 
        position in the Department of State that is described 
        in paragraph (1), the President shall designate the 
        regional or functional bureau or bureaus of the 
        Department of State with respect to which the 
        individual shall have responsibility.
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    \11\ Sec. 2306(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-826), added para. (3).
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  (d) \12\ Other Senior Officials.--In addition to officials of 
the Department of State who are otherwise authorized to be 
appointed by the President, by and with the advice and consent 
of the Senate, and to be compensated at level IV of the 
Executive Schedule of section 5315 of title 5, United States 
Code, four other such appointments are authorized.
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    \12\ Sec. 2305(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-825), struck out former subsec. (d), which had 
authorized ``not more than 66 Deputy Assistant Secretaries of State'', 
and redesignated subsecs. (e) through (h), as subsecs. (d) through (g), 
respectively.
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    (e) \13\ Coordinator for Counterterrorism.--
---------------------------------------------------------------------------
    \13\ Sec. 2301 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-824), added this subsec. as subsec. (f). It was 
redesignated as subsec. (e) by sec. 2305(c)(2) of that Act.
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          (1) In general.--There is within the office of the 
        Secretary of State a Coordinator for Counterterrorism 
        (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.
          (2) Duties.--
                  (A) In general.--The Coordinator shall 
                perform such duties and exercise such powers as 
                the Secretary of State shall prescribe.
                  (B) Duties described.--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 adviser 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.
          (3) Rank and status of ambassador.--The Coordinator 
        shall have the rank and status of Ambassador at Large.
    (f) \14\ Qualifications of Officer Having Primary 
Responsibility for Personnel Management.--The officer of the 
Department of State with primary responsibility for assisting 
the Secretary of State with respect to matters relating to 
personnel in the Department of State, or that officer's 
principal deputy, shall have substantial professional 
qualifications in the field of human resource policy and 
management.
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    \14\ Sec. 2303 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-825), added this subsec. as subsec. (g). It was 
redesignated as subsec. (f) by sec. 2305(c)(2) of that Act.
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    (g) \15\ Qualifications of Officer Having Primary 
Responsibility for Diplomatic Security.--The officer of the 
Department of State with primary responsibility for assisting 
the Secretary of State with respect to diplomatic security, or 
that officer's principal deputy, shall have substantial 
professional qualifications in the fields of (1) management, 
and (2) Federal law enforcement, intelligence, or security.
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    \15\ Sec. 2304 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-825), added this subsec. as subsec. (h). It was 
redesignated as subsec. (g) by sec. 2305(c)(2) of that Act.
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    Sec. 2.\16\ The Secretary of State, may use funds 
appropriated or otherwise available to the Secretary to \17\
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2669.
    \17\ Sec. 114 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 411), inserted ``may 
use funds appropriated or otherwise available to the Secretary to'' for 
``when funds are appropriated therefor, may--''.
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          (a) provide for printing and binding outside the 
        States of the United States \18\ and the District of 
        Columbia without regard to section 11 of the Act of 
        March 1, 1919 (44 U.S.C. 111);
---------------------------------------------------------------------------
    \18\ This reference to the ``States of the United States'' was 
substituted in lieu of a reference to the ``continental United States'' 
by sec. 2 of Public Law 86-624 (74 Stat. 411).
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          (b) \19\ for the purpose of promoting and maintaining 
        friendly relations with foreign countries through the 
        prompt settlement of certain claims, settle and pay any 
        meritorious claim against the United States which is 
        presented by a government of a foreign country for 
        damage to or loss of real or personal property of, or 
        personal injury to or death of, any national of such 
        foreign country: Provided, That such claim is not 
        cognizable under any other statute or international 
        agreement of the United States and can be settled for 
        not more than $15,000 or the foreign currency 
        equivalent thereof.
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    \19\ Subsec. (b) was added by sec. 402 of Public Law 87-565 (76 
Stat. 263; 22 U.S.C. 2669), the Foreign Assistance Act of 1962. Former 
sec. 2(b) was repealed by sec. 511(a)(2) of Public Law 86-707 (74 Stat. 
800), the Overseas Differentials and Allowances Act.
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          (c) \20\ employ individuals or organizations, by 
        contract, for services abroad and individuals employed 
        by contract to perform such services shall not by 
        virtue of such employment be considered to be employees 
        of the United States Government; for purposes of any 
        law administered by the Office of Personnel Management 
        (except that the Secretary may determine the 
        applicability to such individuals of subsection (f) and 
        of any other law administered by the Secretary 
        concerning the employment of such individuals abroad); 
        and such contracts are authorized to be negotiated, the 
        terms of the contracts to be prescribed, and the work 
        to be performed, where necessary, without regard to 
        such statutory provisions as relate to the negotiation, 
        making, and performance of contracts and performance of 
        work in the United States.\21\
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    \20\ Sec. 303(a)(1) of Public Law 98-533 (98 Stat. 2710) amended 
and restated para. (c) up to the first semicolon. Subsequently, sec. 
118 of Public Law 99-93 (99 Stat. 412) added the text of par. (c) up to 
the second semicolon. It formerly read as follows: ``(c) employ aliens, 
by contract, for services abroad;''.
    \21\ Sec. 137 and sec. 180(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 397, 416), made identical amendments, adding ``; and such 
contracts are authorized to be negotiated, the terms of the contracts 
to be prescribed, and the work to be performed, where necessary, 
without regard to such statutory provisions as relate to the 
negotiation, making, and performance of contracts and performance of 
work in the United States'' before the period.
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          (d) provide for official functions and courtesies;
          (e) purchase uniforms;
          (f) pay tort claims, in the manner authorized in the 
        first paragraph of section 2672, as amended, of title 
        28 of the United States Code when such claims arise in 
        foreign countries in connection with Department of 
        State operations abroad;
          (g) \22\ obtain services as authorized by section 
        3109 of title 5, United States Code, at a rate not to 
        exceed the maximum rate payable for GS-18 under section 
        5332 of such title 5; \23\
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    \22\ Sec. 303(a)(2) of Public Law 98-533 (98 Stat.) added pars. (g) 
and (h).
    \23\ Sec. 111 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 21), struck out 
``and'' here, and added subsecs. (i), (j), and (k).
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          (h) \22\ directly procure goods and services in the 
        United States or abroad, solely for use by United 
        States Foreign Service posts abroad when the Secretary 
        of State, in accordance with guidelines established in 
        consultation with the Administrator of General 
        Services, determines that use of the Federal Supply 
        Service or otherwise applicable Federal goods and 
        services acquisition authority would not meet emergency 
        overseas security requirements determined necessary by 
        the Secretary, taking into account overseas delivery, 
        installation, maintenance, or replacement requirements, 
        except that the authority granted by this paragraph 
        shall cease to be effective when the amendment made by 
        section 2711 of the Competition in Contracting Act of 
        1984 takes effect and thereafter procurement by the 
        Secretary of State for the purposes described in this 
        paragraph shall be in accordance with section 303(c)(2) 
        of the Federal Property and Administrative Services Act 
        of 1949;
          (i) \23\ pay obligations assumed in Germany on or 
        after June 5, 1945;
          (j) \23\ provide telecommunications services; 
        \24\, \25\
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    \24\ Sec. 4 of Public Law 102-20 (105 Stat. 68) struck out ``and'' 
at the end of subsec. (j); struck out the period ending subsec. (k), 
and inserted in lieu thereof ``; and''; and added a new subsec. (l).
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          (k) \24\ provide maximum physical security in 
        Government-owned and leased properties and vehicles 
        abroad; and \24\
          (l) \24\ purchase special purpose passenger motor 
        vehicles without regard to any price limitation 
        otherwise established by law.
          (m)\25\ pay obligations arising under international 
        agreements, conventions, and binational contracts to 
        the extent otherwise authorized by law.
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    \25\ Sec. 120 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 658), also struck 
out ``and'' at the end of subsec. (j); struck out the period ending 
subsec. (k), and inserted in lieu thereof ``; and'' (previously amended 
by Public Law 102-20); and also added a new subsection, originally 
designated as ``(l)''. Sec. 162(k)(4) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 409), redesignated the second subsec. (l) as subsec. (m).
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    Sec. 3.\26\ The Secretary of State is authorized to--
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 2670.
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          (a) obtain insurance on official motor vehicles 
        operated by the Department of State in foreign 
        countries, and pay the expenses incident thereto;
          (b) rent tie lines and teletype equipment;
          (c) provide ice and drinking water for United States 
        Embassies and Consulates abroad;
          (d) pay excise taxes on negotiable instruments which 
        are negotiated by the Department of State abroad;
          (e) \27\ pay the actual expenses of preparing and 
        transporting to their former homes the remains of 
        persons, not United States Government employees, who 
        may die away from their homes while participating in 
        international educational exchange activities under the 
        jurisdiction of the Department of State;
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    \27\ Authority granted to the Secretary of State under subsec. (e) 
was abolished by sec. 9(a)(7) of Reorganization Plan No. 2 of 1977 
(establishing the ICA).
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          (f) pay expenses incident to the relief, protection, 
        and burial of American seamen, and alien seamen from 
        United States vessels in foreign countries and in the 
        United States, Territories and possessions;
          (g) pay the expenses incurred in the acknowledgment 
        of the services of officers and crews of foreign 
        vessels and aircraft in rescuing American seamen, 
        airmen, or citizens from shipwreck or other catastrophe 
        abroad or at sea;
          (h) rent or lease, for periods of less than ten 
        years, such offices, buildings, grounds, and living 
        quarters for the use of the Foreign Service abroad as 
        he may deem necessary, and make payments therefor in 
        advance;
          (i) maintain, improve, and repair properties rented 
        or leased pursuant to authority contained in subsection 
        (h) of this section and furnish fuel, water, and 
        utilities for such properties;
          (j) \28\ provide emergency medical attention and 
        dietary supplements, and other emergency assistance, 
        for United States citizens incarcerated abroad or 
        destitute United States citizens abroad \29\ who are 
        unable to obtain such services otherwise, such 
        assistance to be provided on a reimbursable basis to 
        the extent feasible;
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    \28\ Subsec. (j) was added by sec. 2 of Public Law 95-45 (91 Stat. 
221).
    \29\ The words ``or destitute United States citizens abroad'' were 
added by sec. 108(a) of Public Law 95-426 (92 Stat. 966). Sec. 108(b) 
of the same Act provided that this amendment would take effect on 
October 1, 1978.
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          (k) \30\ subject to the availability of appropriated 
        funds, obtain insurance on the historic and artistic 
        articles of furniture, fixtures, and decorative objects 
        which may from time-to-time be within the 
        responsibility of the Fine Arts Committee of the 
        Department of State for the Diplomatic Rooms of the 
        Department; \31\
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    \30\ Subsec. (k) was added by sec. 126(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1342).
    \31\ Sec. 162(k)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``and'' at the end of subsec. (k); struck out the period at the end 
of subsec. (l), and inserted in lieu thereof a semicolon; and added a 
new subsec. (m).
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          (l) \32\ make payments in advance, of the United 
        States share of necessary expenses for international 
        fisheries commissions, from appropriations available 
        for such purpose; and \31\
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    \32\ Sec. 166 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 676), added a new 
subsec. (l).
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          (m) \31\ establish, maintain, and operate passport 
        and dispatch agencies.
    Sec. 4.\33\ (a) \34\ The Secretary of State is authorized 
to--
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    \33\ 22 U.S.C. 2671.
    \34\ Sec. 122 of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1023), redesignated 
existing subsecs. (a) and (b) as pars. (1) and (2), redesignated the 
existing text as subsec. (a), added the reference to subsec. (b) in 
par. (1) of subsec. (a), and added new subsecs. (b), (c), and (d).
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          (1) \34\ subject to subsection (b), make 
        expenditures, from such amounts as may be specifically 
        appropriated therefor, for unforeseen emergencies 
        arising in the diplomatic and consular service and, to 
        the extent authorized in appropriation Acts, funds 
        expended for such purposes may be accounted for in 
        accordance with section 291 of the Revised Statutes (31 
        U.S.C. 107); \35\ and
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    \35\ See 31 U.S.C. 3526(e), pursuant to sec. 4(b) of Public Law 97-
258 (96 Stat. 1067), which enacted title 31 U.S.C.
---------------------------------------------------------------------------
          (2) \34\ delegate to subordinate officials the 
        authority vested in him by section 291 of the Revised 
        Statutes \35\ pertaining to certification of 
        expenditures.
    (b) \34\ (1) Expenditures described under subsection (a) 
shall be made only for such activities as--
          (A) serve to further the realization of foreign 
        policy objectives;
          (B) are a matter of urgency to implement;
          (C) with respect to activities the expenditures for 
        which are required to be certified under subsection 
        (a), require confidentiality in the best interests of 
        the conduct of foreign policy by the United States; and
          (D) are not otherwise prohibited by law.
    (2) Activities described in paragraph (1) include--
          (A) the evacuation of United States Government 
        employees and their dependents and private United 
        States citizens when their lives are endangered by war, 
        civil unrest, or natural disaster;
          (B) loans made to destitute citizens of the United 
        States who are outside the United States and made to 
        provide for the return to the United states of its 
        citizens;
          (C) visits by foreign chiefs of state or heads of 
        government to the United States;
          (D) travel of delegations representing the President 
        at any inauguration or funeral of a foreign dignitary;
          (E) travel of the President, the Vice President, or a 
        Member of Congress to a foreign country, including 
        advance arrangements, escort, and official 
        entertainment;
          (F) travel of the Secretary of State within the 
        United States and outside the United States, including 
        official entertainment;
          (G) official representational functions of the 
        Secretary of State and other principal officers of the 
        Department of State;
          (H) official functions outside the United States the 
        expenses for which are not otherwise covered by amounts 
        appropriated for representation allowances;
          (I) investigations and apprehension of groups or 
        individuals involved in fraudulent issuance of United 
        States passports and visas; and
          (J) gifts of nominal value given by the President, 
        Vice President, or Secretary of State to a foreign 
        dignitary.
    (c) \34\ The Inspector General of the Department of State 
\36\ shall conduct a periodic \37\ audit of the Department of 
State's emergency expenditures and prepare and transmit to the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations of the Senate an annual report indicating 
whether such expenditures were made in accordance with 
subsections (a) and (b) of this section.
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    \36\ Sec. 125(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), struck out 
``and the Foreign Service'' at this point.
    \37\ Sec. 125(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), struck out 
``an annual confidential'' and inserted in lieu thereof ``a periodic''.
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    (d) \34\ With regard to the repatriations loan program, the 
Secretary of State shall--
          (1) require the borrower to provide a verifiable 
        address and social security number at the time of 
        application;
          (2) require a written loan agreement which includes a 
        repayment schedule;
          (3) bar passports from being issued or renewed for 
        those individuals who are in default;
          (4) refer any loan more than one year past due to the 
        Department of Justice for litigation;
          (5) obtain addresses from the Internal Revenue 
        Service for all delinquent accounts which have social 
        security numbers;
          (6) report defaults to commercial credit bureaus as 
        provided in section 3711(e) \38\ of title 31, United 
        States Code;
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    \38\ Sec. 115(g)(2)(D) of Public Law 104-316 (110 Stat. 3835) 
struck out ``section 3711(f)'' and inserted in lieu thereof ``section 
3711(e)''.
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          (7) be permitted to use any funds necessary to 
        contract with commercial collection agencies, 
        notwithstanding section 3718(c) of title 31, United 
        States Code;
          (8) charge interest on all loans as of May 1, 1983, 
        with the rate of interest to be that set forth in 
        section 3717(a) of title 31, United States Code;
          (9) assess charges, in addition to the interest 
        provided for in paragraph (8), to cover the costs of 
        processing and handling delinquent claims, as of May 1, 
        1983;
          (10) assess a penalty charge, in addition to the 
        interest provided for in paragraphs (8) and (9), of 6 
        percent per year for failure to pay any portion of a 
        debt more than ninety days past due; and
          (11) implement the interest and penalty provisions in 
        paragraphs (8), (9), and (10) for all current and 
        future loans, regardless of whether the debts were 
        incurred before or after May 1, 1983.
    Sec. 5.\39\ The Secretary of State is authorized to--
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    \39\ 22 U.S.C. 2672. The Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-92), provided:
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             ``International Organizations and Conferences

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$870,833,000: Provided, That any payment of arrearages under this title 
shall be directed toward special activities that are mutually agreed 
upon by the United States and the respective international 
organization: Provided further, That none of the funds appropriated in 
this paragraph shall be available for a United States contribution to 
an international organization for the United States share of interest 
costs made known to the United States Government by such organization 
for loans incurred on or after October 1, 1984, through external 
borrowings: Provided further, That of the funds appropriated in this 
paragraph, $100,000,000 may be made available only pursuant to a 
certification by the Secretary of State that the United Nations has 
taken no action in calendar year 2000 prior to the date of enactment of 
this Act to increase funding for any United Nations program without 
identifying an offsetting decrease elsewhere in the United Nations 
budget and cause the United Nations to exceed the budget for the 
biennium 2000-2001 of $2,535,700,000: Provided further, That if the 
Secretary of State is unable to make the aforementioned certification, 
the $100,000,000 is to be applied to paying the current year assessment 
for other international organizations for which the assessment has not 
been paid in full or to paying the assessment due in the next fiscal 
year for such organizations, subject to the reprogramming procedures 
contained in Section 605 of this Act: Provided further, That funds 
appropriated under this paragraph may be obligated and expended to pay 
the full United States assessment to the civil budget of the North 
Atlantic Treaty Organization.''.
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          (a) provide for participation by the United States in 
        international activities which arise from time to time 
        in the conduct of foreign affairs for which provision 
        has not been made by the terms of any treaty, 
        convention, or special Act of Congress: Provided, That 
        this subsection shall not be construed as granting 
        authority to accept membership for the United States in 
        any international organization, or to participate in 
        the activities of any international organization for 
        more than one year without approval by the Congress; 
        and
          (b) pay the expenses of participation in activities 
        in which the United States participates by authority of 
        subsection (a) of this section, including, but not 
        limited to the following:
                  (1) Employment of aliens;
                  (2) Travel expenses without regard to the 
                Standardized Government Travel Regulations and 
                to the rates of per diem allowances in lieu of 
                subsistence expenses under the Travel Expense 
                Act of 1949, as amended (5 U.S.C. 5701-
                5708).\40\
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    \40\ Formerly 5 U.S.C. 835-842, until codified by sec. 7(b) of 
Public Law 89-554 (80 Stat. 378; approved September 6, 1966).
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                  (3) Travel expenses of persons serving 
                without compensation in an advisory capacity 
                while away from their homes or regular places 
                of business not in excess of those authorized 
                for regular officers and employees traveling in 
                connection with said international activities; 
                and
                  (4) Rental of quarters by contract or 
                otherwise.
    Sec. 6.\41\ The provisions of section 8 of the United 
Nations Participation Act of 1945, as amended (22 U.S.C. 287e), 
and regulations thereunder, applicable to expenses incurred 
pursuant to that Act, may be applicable to the obligation and 
expenditure of funds in connection with United States 
participation in the International Civil Aviation Organization.
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    \41\ 22 U.S.C. 2673.
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    Sec. 7.\42\ The exchange allowances or proceeds derived 
from the exchange or sale of passenger motor vehicles in 
possession of the Foreign Service abroad, in accordance with 
section 201(c) of the Act of June 30, 1949 (40 U.S.C. 481(c)), 
shall be available without fiscal year limitation for 
replacement of an equal number of such vehicles.
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    \42\ 22 U.S.C. 2674.
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    Sec. 8.\43\ The Secretary of State may allocate or transfer 
to any department, agency, or independent establishment of the 
United States Government (with the consent of the head of such 
department, agency, or establishment) any funds appropriated to 
the Department of State, for direct expenditure by such 
department, agency, or independent establishment for the 
purposes for which the funds are appropriated in accordance 
with authority granted in this Act or under authority governing 
the activities of such department, agency, or independent 
establishment.
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    \43\ 22 U.S.C. 2675. Sec. 121 of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1023) amended and restated sec. 8. It formerly read as follows:
    ``Sec. 8. The Secretary of State may, when authorized in an 
appropriation or other law, transfer to any department, agency, or 
independent establishment of the Government, with the consent of the 
head thereof, any funds appropriated to the Department of State, for 
direct expenditure by such department, agency, or independent 
establishment for the purposes for which the funds are appropriated.''.
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    Sec. 9.\44\ The Secretary of State is authorized to enter 
into contracts in foreign countries involving expenditures from 
funds appropriated or otherwise made available to the 
Department of State, without regard to the provisions of 
section 3741 of the Revised Statutes (41 U.S.C. 22): Provided, 
That nothing in this section shall be construed to waive the 
provisions of section 431 of title 18 of the United States 
Code.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 2676.
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    Sec. 10.\45\ Appropriated funds made available to the 
Department of State for expenses in connection with travel of 
personnel outside the continental United States, including 
travel of dependents and transportation of personal effects, 
household goods, or automobiles of such personnel shall be 
available for such expenses when any part of such travel or 
transportation begins in one fiscal year pursuant to travel 
orders issued in that year, notwithstanding the fact that such 
travel or transportation may not be completed during that same 
fiscal year.
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    \45\ 22 U.S.C. 2677.
---------------------------------------------------------------------------

  reduction in earmarks if appropriations are less than authorizations

    Sec. 11.\46\ If the amount appropriated (or made available 
in the event of a sequestration order issued pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 
(Public Law 99-177; 2 U.S.C. 901 et seq.)) for a fiscal year 
pursuant to any authorization of appropriations provided by an 
Act other than an appropriation Act is less than the 
authorization amount and a provision of that Act provides that 
a specified amount of the authorization amount shall be 
available only for a certain purpose, then the amount so 
specified shall be deemed to be reduced for that fiscal year to 
the amount which bears the same ratio to the specified amount 
as the amount appropriated (or made available in the event of 
sequestration) bears to the authorization amount.
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    \46\22 U.S.C. 2678. Sec. 11 was added by sec. 106 of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 
101-246; 104 Stat. 20). Previously. sec. 11 was repealed by Public Law 
99-550 (100 Stat. 3067). It formerly read:``Notwithstanding section 
1344(a) of title 31, United States Code, the Deputy Secretary of State 
is authorized to use Government-owned vehicles for security purposes 
for travel between his or her residence and places where official 
functions are performed.''.
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    Sec. 12.\47\ The Secretary of State, with the approval of 
the Office of Management and Budget,\48\ shall prescribe the 
maximum rates per diem in lieu of subsistence (or of similar 
allowances therefor) payable while away from their own 
countries to foreign participants in any exchange of persons 
program, or in any program of furnishing technical information 
and assistance, under the jurisdiction of any Government 
agency, and said rates may be fixed without regard to any 
provision of law in limitation thereof.
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    \47\ 22 U.S.C. 2679.
    \48\ Reorganization Plan No. 2 of 1970 redesignated the Bureau of 
the Budget as the Office of Management and Budget.
---------------------------------------------------------------------------
    Sec. 13.\49\ (a) \50\ There is hereby established a working 
capital fund for the Department of State, which shall be 
available without fiscal year limitations, for expenses 
(including those authorized by the Foreign Service Act of 1980) 
\51\ and equipment, necessary for maintenance and operation in 
the city of Washington and elsewhere of (1) central 
reproduction, editorial, data processing, audiovisual, library 
and administrative support services; (2) central services for 
supplies and equipment (including repairs) (3) such other 
administrative services as the Secretary, with the approval of 
the Bureau of the Budget,\48\ determines may be performed more 
advantageously and more economically as central services; and 
\52\ (4) \53\ medical and health care services. Such fund shall 
also be available without fiscal year limitation to carry out 
the purposes of title II of this Act.\52\ The capital of the 
fund shall consist of the amount of the fair and reasonable 
value of such supply inventories, equipment, and other assets 
and inventories on order, pertaining to the services to be 
carried on by the fund, as the Secretary may transfer to the 
fund, less the related liabilities and unpaid obligations, 
together with any appropriations made for the purpose of 
providing capital.\54\ The fund shall be reimbursed, or 
credited with advance payments, from applicable appropriations 
and funds of the Department of State, other Federal agencies, 
and other sources authorized by law, for supplies and services 
at rates which will approximate the expense of operations, 
including accrual of annual leave and depreciation of plant and 
equipment of the fund. The fund shall also be credited with 
other receipts from sale or exchange of property or in payment 
for loss or damage to property held by the fund. There shall be 
transferred into the Treasury as miscellaneous receipts, as of 
the close of each fiscal year, earnings which the Secretary 
determines to be excess to the needs of the fund.
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    \49\ 22 U.S.C. 2684. Sec. 13 was added by sec. 405 of Public Law 
88-205 (77 Stat. 391) and further amended by sec. 407(c) of Public Law 
92-226 which deleted the last sentence of sec. 13(a) which formerly 
read as follows: ``There is hereby authorized to be appropriated such 
amounts as may be necessary to provide capital for the fund.'' The 
original sec. 13, as repealed Sept. 6, 1960, by sec. 511(a)(2) of 
Public Law 86-707 (74 Stat. 800), read as follows: ``Allowances granted 
under sec. 901(1) of the Foreign Service Act of 1946 (22 U.S.C. 
1311(1)), may include water, in addition to the utilities specified.''.
    \50\ Subsection designation ``(a)'' and subsec. (b) were added by 
sec. 109(a) of Public Law 95-426 (92 Stat. 966). Such amendment became 
effective October 1, 1978.
    \51\ The reference to the Foreign Service Act of 1980 was 
substituted in lieu of a reference to the Foreign Service Act of 1946 
by sec. 2201(b) of Public Law 96-465 (94 Stat. 2157).
    \52\ Sec. 112 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 21) inserted ``and'' 
before clause (4); struck out clause (5), which formerly read as 
follows: ``(5) services and supplies to carry out title II of this 
Act''; and added the sentence which begins ``Such fund''.
    \53\ Sec. 109(a) of Public Law 95-426 (92 Stat. 966) added clause 
(4), effective October 1, 1978.
    \54\ Sec. 109(a) of Public Law 95-426 (92 Stat. 966) struck out a 
sentence which previously appeared at this point. It formerly read as 
follows: ``Not to exceed $750,000 in net assets shall be transferred to 
the fund for purposes of providing capital.'' Such amendment became 
effective on October 1, 1978.
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    (b) \50\ The current value of supplies returned to the 
working capital fund by a post, activity, or agency may be 
charged to the fund. The proceeds thereof shall, if otherwise 
authorized, be credited to current applicable appropriations 
and shall remain available for expenditures for the same 
purposes for which those appropriations are available. Credits 
may not be made to appropriations under this subsection as the 
result of capitalization of inventories.
    Sec. 14.\55\ (a) Any contract for the procurement of 
property or services, or both, for the Department of State or 
the Foreign Service which is funded on the basis of annual 
appropriations may nevertheless be made for periods not in 
excess of 5 years when--
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    \55\ 22 U.S.C. 2679a. Sec. 14 was added by sec. 121 of Public Law 
97-241 (96 Stat. 280). A prior sec. 14, part of the original Act, was 
repealed by Public Law 86-707 (74 Stat. 798). Subsequently, a new sec. 
14 was added by sec. 10 of Public Law 93-475 (88 Stat. 1441) and 
amended by Public Law 93-475, Public Law 94-161, and Public Law 95-105. 
It was repealed by sec. 2205(10) of the Foreign Service Act of 1980 
(Public Law 96-465; 94 Stat. 2160). Such section formerly concerned the 
payment of a gratuity to the surviving dependents of a Foreign Service 
employee who died as the result of injuries sustained in the 
performance of duty outside the United States. This gratuity is now 
covered at Sec. 413 of the Foreign Service Act of 1980.
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          (1) appropriations are available and adequate for 
        payment for the first fiscal year and for all potential 
        cancellation costs; and
          (2) the Secretary of State determines that--
                  (A) the need of the Government for the 
                property or service being acquired over the 
                period of the contract is reasonably firm and 
                continuing;
                  (B) such a contract will serve the best 
                interests of the United States by encouraging 
                effective competition or promoting economies in 
                performance and operation; and
                  (C) such a method of contracting will not 
                inhibit small business participation.
    (b) In the event that funds are not made available for the 
continuation of such a contract into a subsequent fiscal year, 
the contract shall be cancelled and any cancellation costs 
incurred shall be paid from appropriations originally available 
for the performance of the contract, appropriations currently 
available for the acquisition of similar property or services 
and not otherwise obligated, or appropriations made for such 
cancellation payments.
    Sec. 15.\56\ (a)(1) Notwithstanding any provision of law 
enacted before the date of enactment of the State Department/
USIA Authorization Act, Fiscal Year 1975,\57\ no money 
appropriated to the Department of State under any law shall be 
available for obligation or expenditure with respect to any 
fiscal year commencing on or after July 1, 1972--
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    \56\ 22 U.S.C. 2680. Sec. 15 was amended by sec. 407(b) of Public 
Law 92-226 (86 Stat. 35) and further amended by sec. 102 of Public Law 
92-352 (86 Stat. 490). Subsec. (a) was further amended by sec. 11 of 
Public Law 93-475 (88 Stat. 1442). It formerly read as follows: 
``Notwithstanding any other provision of law, no appropriation shall be 
made to the Department of State under any law for any fiscal year 
commencing on or after July 1, 1972, unless previously authorized by 
legislation hereafter enacted by the Congress. The provisions of this 
subsection shall not apply to, or affect in any manner, permanent 
appropriations, trust funds, and other similar accounts administered by 
the Department as authorized by law.''.
    \57\ Public Law 93-475 (88 Stat. 1439), approved October 26, 1974.
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          (A) unless the appropriation thereof has been 
        authorized by law enacted on or after February 7, 1972; 
        or
          (B) in excess of an amount prescribed by law enacted 
        on or after such date.
    (2) To the extent that legislation enacted after the making 
of an appropriation to the Department of State authorizes the 
obligation or expenditure thereof, the limitation contained in 
paragraph (1) shall have no effect.
    (3) The provisions of this section--
          (A) shall not be superseded except by a provision of 
        law enacted after February 7, 1972, which specifically 
        repeals, modifies, or supersedes the provisions of this 
        section; and
          (B) shall not apply to, or affect in any manner, 
        permanent appropriations, trust funds, and other 
        similar accounts administered by the Department as 
        authorized by law.
    (b) The Department of State shall keep the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \58\ of the House of Representatives fully and 
currently informed with respect to all activities and 
responsibilities within the jurisdiction of these committees. 
Any Federal department, agency, or independent establishment 
shall furnish any information requested by either such 
committee relating to any such activity or responsibility.
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    \58\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 16.\59\ The first section of the Act of August 16, 
1941 (42 U.S.C. 1651; commonly known as the ``Defense Base 
Act'') shall not apply with respect to such contracts as the 
Secretary of State may determine which are contracts with 
persons employed to perform work for the Department of State or 
the Foreign Service on an intermittent basis for not more than 
90 days in a calendar year.
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    \59\ 22 U.S.C. 2680a. Sec. 16 was added by sec. 122 of Public Law 
97-241 (96 Stat. 281). A prior sec. 16, as added by Public Law 93-475 
and amended by Public Law 94-426, was repealed by sec. 2205(10) of the 
Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2160). Sec. 16 
formerly described the duties and responsibilities of a United States 
chief of mission. A similar provision is now included at Sec. 207 of 
the Foreign Service Act of 1980.
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    Sec. 17.\60\ The Secretary of State is authorized to use 
appropriated funds for unusual expenses similar to those 
authorized by section 5913 of title 5, United States Code, 
incident to the operation and maintenance of the living 
quarters of the United States Representative to the 
Organization of American States.
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    \60\ 22 U.S.C. 2687. Sec. 17 was added by sec. 101(c) of Public Law 
94-141.
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    Sec. 18.\61\ It is the sense of the Congress that the 
position of United States ambassador to a foreign country 
should be accorded to men and women possessing clearly 
demonstrated competence to perform ambassadorial duties. No 
individual should be accorded the position of United States 
ambassador to a foreign country primarily because of financial 
contributions to political campaigns.
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    \61\ 22 U.S.C. 2688. Sec. 18 was added by sec. 104 of Public Law 
94-141.
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    Sec. 19.\62\ Each fiscal year (beginning with fiscal year 
1977), the Secretary of State may use \63\ funds appropriated 
for the American Sections, International Joint Commission, 
United States and Canada, for representation expenses and 
official entertainment within the United States for such 
American Sections.
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    \62\ 22 U.S.C. 2689. Sec. 19 was added by sec. 104 of the Foreign 
Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350).
    \63\ The words ``not to exceed $1,500 of the'' which previously 
appeared at this point, were struck by sec. 110(a) of Public Law 95-426 
(92 Stat. 967). Such amendment became effective October 1, 1978.
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    Sec. 20.\64\ Any expenditure for any gift for any person of 
any foreign country which involves any funds made available to 
meet unforeseen emergencies arising in the Diplomatic and 
Consular Service shall be audited by the Controller General and 
reports thereon made to the Congress to such extent and at such 
times as he may determine necessary. The representatives of the 
General Accounting Office shall have access to all books, 
accounts, records, reports, files, and all other papers, 
things, or property pertaining to such expenditure and 
necessary to facilitate the audit.
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    \64\ 22 U.S.C. 2690. Sec. 20 was added by sec. 116 of the Foreign 
Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350).
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    Sec. 21.\65\ * * * [Repealed--1990]
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    \65\ Formerly 22 U.S.C. 2691. Sec. 603(a)(18) of the Immigration 
Act of 1990 (Public Law 101-649; 104 Stat. 5084) repealed sec. 21. 
Previously, sec. 21 was added by sec. 112 of the Foreign Relations 
Authorization Act, Fiscal Year 1978 (91 Stat. 848), and substantially 
amended by sec. 109 of the Department of State Authorization Act, 
Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 397), and 
earlier amended by sec. 119 of Public Law 95-426 (92 Stat. 970). Sec. 
21 provided for the issuance of visas to aliens, otherwise excludable 
because of organizational affiliations, to participate in the 
provisions of the Final Act of the Conference on Security and 
Cooperation in Europe (signed at Helsinki on August 1, 1975).
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    Sec. 22.\66\ (a) The Secretary of State may compensate, 
pursuant to regulations which he shall prescribe, for the cost 
of participating in any proceeding or on any advisory committee 
or delegation of the Department of State, any organization or 
person--
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    \66\ 22 U.S.C. 2692. Sec. 22 was added by sec. 113(a) of the 
Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 848). 
This section became effective on October 1, 1977.
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          (1) who is representing an interest which would not 
        otherwise be adequately represented and whose 
        participation is necessary for a fair determination of 
        the issues taken as a whole; and
          (2) who would otherwise be unable to participate in 
        such proceeding or on such committee or delegation 
        because such organization or person cannot afford to 
        pay the costs of such participation.
    (b) Of the funds appropriated for salaries and expenses for 
the Department of State, not to exceed $250,000 shall be 
available in any fiscal year for compensation under this 
section to such organizations and persons.

                      administrative services \67\

    Sec. 23.\67\ (a) Agreements.--Whenever the head of any 
Federal agency performing any foreign affairs functions 
(including, but not limited to, the Department of State, the 
Broadcasting Board of Governors \68\ and the Agency for 
International Development) \69\ determines that administrative 
services performed in common by the Department of State and one 
or more other such agencies may be performed more 
advantageously and more economically on a consolidated basis, 
the Secretary of State and the heads of the other agencies 
concerned may, subject to the approval of the Director of the 
Office of Management and Budget, conclude an agreement which 
provides for the transfer to and consolidation within the 
Department or within one of the other agencies concerned of so 
much of the functions, personnel, property, records, and funds 
of the Department and of the other agencies concerned as may be 
necessary to enable the performance of those administrative 
services on a consolidated basis for the benefit of all 
agencies concerned. Agreements for consolidation of 
administrative services under this section shall provide for 
reimbursement or advances of funds from the agency receiving 
the service to the agency performing the service in amounts 
which will approximate the expense of providing administrative 
services for the serviced agency.
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    \67\ 22 U.S.C. 2695. Sec. 23 was added by sec. 111(a) of Public Law 
95-426 (92 Stat. 967). Sec. 23 became effective October 1, 1978.
    Sec. 118 of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993 (Public Law 102-138; 105 Stat. 657), added the section 
heading; designated the original text as subsec. ``(a) Agreements.--''; 
and added subsec. (b).
    \68\ Sec. 1335(l)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-789) struck out ``United States Information Agency'' and 
inserted in lieu thereof ``Broadcasting Board of Governors''.
    \69\ Sec. 1225(f) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-775) struck out ``, the Agency for International Development, and 
the Arms Control and Disarmament Agency'' and inserted in lieu thereof 
``and the Agency for International Development''.
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  (b) \67\, \70\ Payment.--
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    \70\ Functions vested in the Secretary of State in this subsection 
were further delegated to the Under Secretary for Management by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
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          (1) A Federal agency which obtains administrative 
        services from the Department of State pursuant to an 
        agreement authorized under subsection (a) shall make 
        full and prompt payment for such services through 
        advance of funds or reimbursement.
          (2) The Secretary of State shall bill each Federal 
        agency for amounts due for services provided pursuant 
        to subsection (a). The Secretary shall notify a Federal 
        agency which has not made full payment for services 
        within 90 days after billing that services to the 
        agency will be suspended or terminated if full payment 
        is not made within 180 days after the date of 
        notification. Except as provided under paragraph (3), 
        the Secretary shall suspend or terminate services to a 
        Federal agency which has not made full payment for 
        services under this section 180 days after the date of 
        notification. Any costs associated with a suspension or 
        termination of services shall be the responsibility of, 
        and shall be billed to, the Federal agency.
          (3) The Secretary of State may waive the requirement 
        for suspension or termination under paragraph (2) with 
        respect to such services as the Secretary determines 
        are necessary to ensure the protection of life and the 
        safety of United States Government property. A waiver 
        may be issued for a period not to exceed one year and 
        may be renewed.
    Sec. 24.\71\ (a) There are authorized to be appropriated 
for the Department of State, in addition to amounts otherwise 
authorized to be appropriated for the Department, such sums as 
may be necessary for any fiscal year for increases in salary, 
pay, retirement, and other employee benefits authorized by law.
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    \71\ 22 U.S.C. 2696. Sec. 24 was added by sec. 105 of the 
Department of State Authorization Act, Fiscal Years 1980 and 1981 
(Public Law 96-60; 93 Stat. 396).
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    (b)(1) \72\ In order to maintain the levels of program 
activity for the Department of State provided for each fiscal 
year by the annual authorizing legislation, there are 
authorized to be appropriated for the Department of State such 
sums as may be necessary to offset adverse fluctuations in 
foreign currency exchange rates, or overseas wage and price 
changes, which occur after November 30 of the earlier of--
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    \72\ Subsec. (b) was amended and restated by sec. 112(a) of Public 
Law 97-241 (96 Stat. 277).
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          (A) the calendar year which ended during the fiscal 
        year preceding such fiscal year, or
          (B) the calendar year which preceded the calendar 
        year during which the authorization of appropriations 
        for such fiscal year was enacted.
    (2) In carrying out this subsection, there may be 
established a Buying Power Maintenance account.
    (3) In order to eliminate substantial gains to the approved 
levels of overseas operations for the Department of State, the 
Secretary of State shall transfer to the Buying Power 
Maintenance account such amounts in any appropriation account 
under the heading ``Administration of Foreign Affairs'' as the 
Secretary determines are excessive to the needs of the approved 
level of operations under that appropriation account because of 
fluctuations in foreign currency exchange rates or changes in 
overseas wages and prices.
    (4) In order to offset adverse fluctuations in foreign 
currency exchange rates or overseas wage and price changes, the 
Secretary of State may transfer from the Buying Power 
Maintenance account to any appropriation account under the 
heading ``Administration of Foreign Affairs'' such amounts as 
the Secretary determines are necessary to maintain the approved 
level of operations under that appropriation account.
    (5) Funds transferred by the Secretary of State from the 
Buying Power Maintenance account to another account shall be 
merged with and be available for the same purpose, and for the 
same time period, as the funds in that other account. Funds 
transferred by the Secretary from another account to the Buying 
Power Maintenance account shall be merged with the funds in the 
Buying Power Maintenance account and shall be available for the 
purposes of that account until expended.
    (6) Any restriction contained in an appropriation Act or 
other provision of law limiting the amounts available for the 
Department of State that may be obligated or expended shall be 
deemed to be adjusted to the extent necessary to offset the net 
effect of fluctuations in foreign currency exchange rates or 
overseas wage and price changes in order to maintain approved 
levels.
  (7) \73\ (A) Subject to the limitations contained in this 
paragraph, not later than the end of the fifth fiscal year 
after the fiscal year for which funds are appropriated or 
otherwise made available for an account under ``Administration 
of Foreign Affairs'', the Secretary of State may transfer any 
unobligated balance of such funds to the Buying Power 
Maintenance account.
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    \73\ Sec. 117(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 656), added par. 
(7). Clause (E), repealed by 122(a)(1) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 392), had provided that ``[T]his paragraph shall cease to have 
effect after September 30, 1993.''.
    Functions vested in the Secretary of State in this paragraph were 
further delegated to the Under Secretary for Management by Delegation 
of Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 
2298; January 21, 1992).
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  (B) The balance of the Buying Power Maintenance account may 
not exceed $100,000,000 as a result of any transfer under this 
paragraph.
  (C) Any transfer pursuant to this paragraph shall be treated 
as a reprogramming of funds under section 34 and shall be 
available for obligation or expenditure only in accordance with 
the procedures under such section.
  (D) The authorities contained in this section may only be 
exercised to such an extent and in such amounts as specifically 
provided for in advance in appropriations Acts.
    (c) Amounts authorized to be appropriated for a fiscal year 
for the Department of State or to the Secretary of State are 
authorized to be made available until expended.
    (d) \74\ (1) Subject to paragraphs (2) and (3), funds 
authorized to be appropriated for any account of the Department 
of State in the Department of State Appropriations Act, for 
either \75\ fiscal year of any two-year authorization cycle may 
be appropriated for such \75\ fiscal year for any other account 
of the Department of State.
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    \74\ Sec. 117(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 657), amended and 
restated subsec. (d). Sec. 122(a)(4) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 392), struck out para. (4) of subsec. (d), which had provided 
that, ``[T]his subsection shall cease to have effect after September 
30, 1993.''.
    \75\ Sec. 122(a)(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 392), struck 
out ``the second'' and inserted in lieu thereof ``either''. Sec. 
122(a)(2)(B) of that Act struck out ``such second'' and inserted in 
lieu thereof ``such''.
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  (2) \76\ Amounts appropriated for the ``Diplomatic and 
Consular Programs'' account may not exceed by more than 5 
percent the amount specifically authorized to be appropriated 
for such account for a fiscal year. No other appropriations 
account may exceed by more than 10 percent the amount 
specifically authorized to be appropriated for such account for 
a fiscal year.
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    \76\ The first sentence of this para. was amended and restated by 
sec. 122(a)(3) of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 108 Stat. 392).
---------------------------------------------------------------------------
  (3) The requirements and limitations of section 15 shall not 
apply to the appropriation of funds pursuant to this 
subsection.
    (e) \77\ Amounts authorized to be appropriated for a fiscal 
year for the Department of State or to the Secretary of State 
are authorized to be obligated for twelve-month contracts which 
are to be performed in two fiscal years, if the total amount 
for such contracts is obligated in the earlier fiscal year.
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    \77\ Sec. 107 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 21), added subsec. 
(e).
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    Sec. 25.\78\ (a) The Secretary of State may accept on 
behalf of the United States gifts made unconditionally by will 
or otherwise for the benefit of the Department of State 
(including the Foreign Service) or for the carrying out of any 
of its functions. Conditional gifts may be so accepted at the 
discretion of the Secretary, and the principal of and income 
from any such conditional gift shall be held, invested, 
reinvested, and used in accordance with its conditions, except 
that no gift shall be accepted which is conditioned upon any 
expenditure which will not be met by the gift or the income 
from the gift unless such expenditure has been approved by Act 
of Congress.
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    \78\ 22 U.S.C. 2697. Sec. 25 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2153).
---------------------------------------------------------------------------
    (b) Any unconditional gift of money accepted under section 
(a), the income from any gift property held under subsection 
(c) or (d) (except income made available for expenditure under 
subsection (d)(2)), the net proceeds from the liquidation of 
gift property under subsection (c) or (d), and the proceeds of 
insurance on any gift property which are not used for its 
restoration, shall be deposited in the Treasury of the United 
States. Such funds are hereby appropriated and shall be held in 
trust by the Secretary of the Treasury for the benefit of the 
Department of State (including the Foreign Service). The 
Secretary of the Treasury may invest and reinvest such funds in 
interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the 
United States. Such funds and the income from such investments 
shall be available for expenditure in the operation of the 
Department of State (including the Foreign Service) and the 
performance of its functions, subject to the same examination 
and audit as is provided for appropriations made for the 
Foreign Service by the Congress, but shall not be expended for 
representational purposes at United States missions except in 
accordance with the conditions that apply to appropriated 
funds.\79\
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    \79\ The phrase in the last sentence, ``but shall not be expended 
for representational purposes at United States missions except in 
accordance with the conditions that apply to appropriated funds'' was 
added by sec. 125 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1341).
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    (c) The evidences of any unconditional gift of intangible 
personal property (other than money) accepted under subsection 
(a), shall be deposited with the Secretary of the Treasury who 
may hold or liquidate them, except that they shall be 
liquidated upon the request of the Secretary of State whenever 
necessary to meet payments required in the operation of the 
Department of State (including the Foreign Service) or the 
performance of its functions.
    (d)(1) The Secretary of State shall hold any real property 
or any tangible personal property accepted unconditionally 
pursuant to subsection (a) and shall either use such property 
for the operation of the Department of State (including the 
Foreign Service) and the performance of its functions or lease 
or hire such property, except that any such property not 
required for the operation of the Department of State 
(including the Foreign Service) or the performance of its 
functions may be liquidated by the Secretary of State whenever 
in the judgment of the Secretary of State the purposes of the 
gift will be served thereby. The Secretary of State may insure 
any property held under this subsection. Except as provided in 
paragraph (2), the Secretary shall deposit the income from any 
property held under this subsection with the Secretary of the 
Treasury as provided in subsection (b).
    (2) The income from any real property or tangible personal 
property held under this subsection shall be available for 
expenditure at the discretion of the Secretary of State for the 
maintenance, preservation, or repair and insurance of such 
property and any proceeds from insurance may be used to restore 
the property insured.
    (e) For the purpose of Federal income, estate, and gift 
taxes, any gift, devise, or bequest accepted under this section 
shall be deemed to be a gift, devise, or bequest to and for the 
use of the United States.
    (f) The authorities available to the Secretary of State 
under this section with respect to the Department of State 
shall be available to the Broadcasting Board of Governors \80\ 
and the Administrator of the Agency for International 
Development \81\ with respect to the Board and the 
Agency''.\82\
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    \80\ Sec. 1335(l)(2)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-789) struck out ``Director of the United States 
Information Agency'' and inserted in lieu thereof ``Broadcasting Board 
of Governors''. Previously, sec. 303(b) of Public Law 97-241 (96 Stat. 
291) substituted ``Director of the United States Information Agency'' 
for ``Director of the International Communication Agency'', wherever it 
appeared in law.
    \81\ Sec. 1335(l)(2)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-789) struck out ``with respect to their 
respective agencies'' and inserted in lieu thereof ``with respect to 
the Board and the Agency''.
    \82\ Sec. 1422(b)(3)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-792) struck out ``Director of the United States 
International Development Cooperation Agency'' and inserted in lieu 
thereof ``Administrator of the Agency for International Development''.
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    Sec. 26.\83\ (a) The Secretary of State may, without regard 
to section 3106 of title 5, United States Code, authorize a 
principal officer of the Foreign Service to procure legal 
services whenever such services are required for the protection 
of the interests of the Government or to enable a member of the 
Service to carry on the member's work efficiently.
---------------------------------------------------------------------------
    \83\ 22 U.S.C. 2698. Sec. 26 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2153).
---------------------------------------------------------------------------
    (b) The authority available to the Secretary of State under 
this section shall be available to the Broadcasting Board of 
Governors,\84\ and the Administrator of the Agency for 
International Development \85\ with respect to the Board and 
the Agency.\86\
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    \84\ Sec. 1335(l)(3)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-789) struck out ``Director of the United States 
Information Agency, the chairman of the Board for International 
Broadcasting,'' and inserted in lieu thereof ``Broadcasting Board of 
Governors''. Previously, sec. 303 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 64), stuck out ``International Communication Agency'' and 
inserted in lieu thereof ``United States Information Agency, the 
chairman of the Board for International Broadcasting,''.
    \85\ Sec. 1422(b)(3)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-792) struck out ``Director of the United States 
International Development Cooperation Agency'' and inserted in lieu 
thereof ``Administrator of the Agency for International Development''.
    \86\ Sec. 1335(l)(3)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-789) struck out ``with respect to their 
respective agencies'' and inserted in lieu thereof ``with respect to 
the Board and the Agency''.
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    Sec. 27.\87\ (a) In order to expand employment 
opportunities for family members of the United States 
Government personnel assigned abroad, the Secretary of State 
shall seek to conclude such bilateral and multilateral 
agreements as will facilitate the employment of such family 
members in foreign economies.
---------------------------------------------------------------------------
    \87\ 22 U.S.C. 2699. Sec. 27 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2153).
---------------------------------------------------------------------------
    (b) Any member of a family of a member of the Foreign 
Service may accept gainful employment in a foreign country 
unless such employment--
          (1) would violate any law of such country or of the 
        United States; or
          (2) could, as certified in writing by the United 
        States chief of mission to such country, damage the 
        interests of the United States.
    Sec. 28.\88\ The Secretary of State may authorize the 
principal officer of a Foreign Service post to provide for the 
use of Government owned or leased vehicles located at that post 
for transportation of United States Government employees and 
their families when public transportation is unsafe or not 
available or when such use is advantageous to the Government.
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    \88\ 22 U.S.C. 2700. Sec. 28 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2153).
---------------------------------------------------------------------------
    Sec. 29.\89\ Whenever the Secretary of State determines 
that educational facilities are not available, or that existing 
educational facilities are inadequate, to meet the needs of 
children of United States citizens stationed outside the United 
States who are engaged in carrying out Government activities, 
the Secretary may, in such manner as he deems appropriate and 
under such regulations as he may prescribe, establish, operate, 
and maintain primary schools, and school dormitories and 
related educational facilities for primary and secondary 
schools, outside the United States, make grants of funds for 
such purposes, or otherwise provide for such educational 
facilities. The authorities of the Foreign Service Buildings 
Act, 1926, and of paragraphs (h) and (i) of section 3 of this 
Act, may be utilized by the Secretary in providing assistance 
for educational facilities. Such assistance may include hiring, 
transporting, and payment of teachers and other necessary 
personnel. Notwithstanding any other provision of law, where 
the child of a United States citizen employee of an agency of 
the United States Government who is stationed outside the 
United States attends an educational facility assisted by the 
Secretary of State under this section, the head of that agency 
is authorized to reimburse, or credit with advance payment, the 
Department of State for funds used in providing assistance to 
such educational facilities, by grant or otherwise, under this 
section.\90\
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    \89\ 22 U.S.C. 2701. Sec. 29 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2154).
    \90\ Sec. 2201 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-804), added text beginning at ``Notwithstanding any 
other provision of law''.
---------------------------------------------------------------------------
    Sec. 30.\91\ (a) The remedy--
---------------------------------------------------------------------------
    \91\ 22 U.S.C. 2702. Sec. 30 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2155).
---------------------------------------------------------------------------
          (1) against the United States provided by sections 
        1346(b) and 2672 of title 28, United States Code, or
          (2) through proceedings for compensation or other 
        benefits from the United States as provided by any 
        other law, where the availability of such benefits 
        precludes a remedy under such sections,
for damages for personal injury, including death, allegedly 
arising from malpractice or negligence of a physician, dentist, 
nurse, pharmacist or paramedical (including medical and dental 
assistants and technicians, nursing assistants, and therapists) 
or other supporting personnel of the Department of State in 
furnishing medical care or related services, including the 
conducting of clinical studies or investigations, while in the 
exercise of his or her duties in or for the Department of State 
or any other Federal department, agency, or instrumentality 
shall be exclusive of any other civil action or proceeding by 
reason of the same subject matter against such physician, 
dentist, nurse, pharmacist, or paramedical or other supporting 
personnel (or his or her estate) whose act or omission gave 
rise to such claim.
    (b) The United States Government shall defend any civil 
action or proceeding brought in any court against any person 
referred to in subsection (a) of this section (or his or her 
estate) for any such damage or injury. Any such person against 
whom such civil action or proceeding is brought shall deliver, 
within such time after date of service or knowledge of service 
as may be determined by the Attorney General, all process 
served upon him or her or an attested true copy thereof to 
whomever was designated by the Secretary to receive such 
papers. Such person shall promptly furnish copies of the 
pleading and process therein to the United States attorney for 
the district embracing the place wherein the proceeding is 
brought, to the Attorney General, and to the Secretary.
    (c) Upon a certification by the Attorney General that the 
defendant was acting within the scope of his or her employment 
in or for the Department of State or any other Federal 
department, agency, or instrumentality at the time of the 
incident out of which the suit arose, any such civil action or 
proceeding commenced in a State court shall be removed without 
bond at any time before trial by the Attorney General to the 
district court of the United States of the district and 
division embracing the place wherein it is pending and the 
proceeding deemed a tort action brought against the United 
States under the provisions of title 28, United States Code, 
and all references thereto. Should a United States district 
court determine on a hearing on a motion to remand held before 
a trial on the merits that the case so removed is one in which 
a remedy by suit within the meaning of subsection (a) of this 
section is not available against the United States, the case 
shall be remanded to the State court except that where such 
remedy is precluded because of the availability of a remedy 
through proceedings for compensation or other benefits from the 
United States as provided by any other law, the case shall be 
dismissed, but in that event, the running of any limitation of 
time for commencing, or filing an application or claim in, such 
proceedings for compensation or other benefits shall be deemed 
to have been suspended during the pendency of the civil action 
or proceeding under this section.
    (d) The Attorney General may compromise or settle any claim 
asserted in such civil action or proceeding in the manner 
provided in section 2677 of title 28, the United States Code, 
and with the same effect.
    (e) For purposes of this section, the provisions of section 
2680(h) of title 28, United States Code, shall not apply to any 
tort enumerated therein arising out of negligence in the 
furnishing of medical care or related services, including the 
conducting of clinical studies or investigations.
    (f) The Secretary may, to the extent he deems appropriate, 
hold harmless or provide liability insurance for any person to 
whom the immunity provisions of subsection (a) of this section 
apply, for damages for personal injury, including death, 
negligently caused by any such person while acting within the 
scope of his or her office of employment and as a result of the 
furnishing of medical care or related services, including the 
conducting of clinical studies or investigations, if such 
person is assigned to a foreign area or detailed for service 
with other than a Federal agency or institution, or if the 
circumstances are such as are likely to preclude the remedies 
of third persons against the United States provided by sections 
1346(b) and 2672 of title 28, United States Code, for such 
damage or injury.
    (g) For purposes of this section, any medical care or 
related service covered by this section and performed abroad by 
a covered person at the direction or with the approval of the 
United States chief of mission or other principal 
representative of the United States in the area shall be deemed 
to be within the scope of employment of the individual 
performing the service.
    Sec. 31.\92\ (a) The Secretary of State may authorize and 
assist in the establishment, maintenance, and operation by 
civilian officers and employees of the Government of non-
Government-operated services and facilities at posts abroad, 
including the furnishing of space, utilities, and properties 
owned or leased by the Government for use by its diplomatic, 
consular, and other missions and posts abroad. The provisions 
of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292-300) 
and section 13 of this Act may be utilized by the Secretary in 
providing such assistance.
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    \92\ 22 U.S.C. 2703. Sec. 31 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2156).
---------------------------------------------------------------------------
    (b) The Secretary may establish and maintain emergency 
commissary or mess services in places abroad where, in the 
judgment of the Secretary, such services are necessary 
temporarily to insure the effective and efficient performance 
of official duties and responsibilities. Reimbursements 
incident to the maintenance and operation of commissary or mess 
service under this subsection shall be at not less than cost as 
determined by the Secretary and shall be used as working funds, 
except that an amount equal to the amount expended for such 
services shall be covered into the Treasury as miscellaneous 
receipts.
    (c) Services and facilities established under this section 
shall be made available, insofar as practicable, to officers 
and employees of all agencies and their dependents who are 
stationed in the locality abroad, and, where determined by the 
Secretary to be appropriate due to exceptional circumstances, 
to United States citizens hired outside of the host country to 
serve as teaching staff for such dependents abroad.\93\ Such 
services and facilities shall not be established in localities 
where another agency operates similar services or facilities 
unless the Secretary determines that additional services or 
facilities are necessary. Other agencies shall to the extent 
practicable avoid duplicating the facilities and services 
provided or assisted by the Secretary under this section.
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    \93\ Sec. 144 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), added text to 
end of sentence beginning with ``, and, where determined by the 
Secretary * * *''.
    Functions vested in the Secretary of State by the amendment in 
Public Law 102-138 were further delegated to the Under Secretary for 
Management by Delegation of Authority No. 193, January 7, 1992 (Public 
Notice 1555; 57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
    (d) Charges at any post abroad for a service or facility 
provided, authorized or assisted under this section shall be at 
the same rate for all civilian personnel of the Government 
serviced thereby, and all charges for supplies furnished to 
such a service or facility abroad by any agency shall be at the 
same rate as that charged by the furnishing agency to its 
comparable civilian services and facilities.
    (e) \94\ The \95\ Secretary of State may make grants to 
child care facilities, to offset in part the cost of such care, 
in Moscow and at no more than five other posts abroad where the 
Secretary determines that due to extraordinary circumstances 
such facilities are necessary to the efficient operation of the 
post. In making that determination, the Secretary shall take 
into account factors such as--
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    \94\ Sec. 147 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 38), added subsec. 
(e).
    \95\ Sec. 124 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393), struck out 
``For the fiscal years 1992 and 1993, the'' and inserted in lieu 
thereof ``The''. Previously, sec. 121 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 658), renewed this authority originally established for fiscal 
years 1990 and 1991.
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          (1) whether Foreign Service spouses are encouraged to 
        work at the post because--
                  (A) the number of members of the post is 
                subject to a ceiling imposed by the receiving 
                country; and
                  (B) Foreign Service nationals are not 
                employed at the post; and
          (2) whether local child care is available.
    Sec. 32.\96\ The Secretary of State may pay, without regard 
to section 5702 of title 5, United States Code, subsistence 
expenses of (1) special agents \97\ of the Department of State 
who are on authorized protective missions, and (2) members of 
the Foreign Service and employees of the Department who are 
required to spend extraordinary amounts of time in travel 
status. The authorities available to the Secretary of State 
under this section with respect to the Department of State 
shall be available to the Broadcasting Board of Governors \98\ 
and the Administrator of the Agency for International 
Development \99\ with respect to their respective agencies, 
except that the authority of clause (2) shall be available with 
respect to those agencies only in the case of members of the 
Foreign Service and employees of the agency who are performing 
security-related functions abroad.\100\
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    \96\ 22 U.S.C. 2704. Sec. 32 was added by sec. 2201 of the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat. 2157).
    \97\ Sec. 125(b) of Public Law 99-93 (99 Stat. 417) added the words 
``special agents'' in lieu of ``security officers''. Sec. 125(c) of the 
same Act repealed section 4 of the Act entitled ``An Act to provide 
authority to protect heads of foreign states and other officials'' 
approved August 27, 1964 (2 U.S.C. 2667), and the Act entitled ``An Act 
to authorize certain officers and employees of the Department of State 
and the Foreign Service to carry firearms'' approved June 28, 1955 (22 
U.S.C. 2666).
    \98\ Sec. 1335(l)(4) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-7789) struck out ``the Director of the United States 
Information Agency'' and inserted in lieu thereof ``the Broadcasting 
Board of Governors''.
    \99\ Sec. 1422(b)(3)(C) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-789) struck out ``Director of the United States 
International Development Cooperation Agency'' and inserted in lieu 
thereof ``Administrator of the Agency for International Development''.
    \100\ Sec. 303(c) of Public Law 98-533 (98 Stat. 2711) added this 
sentence.
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    Sec. 33.\101\ The following documents shall have the same 
force and effect as proof of United States citizenship as 
certificates of naturalization or of citizenship issued by the 
Attorney General or by a court having naturalization 
jurisdiction:
---------------------------------------------------------------------------
    \101\ 22 U.S.C. 2705. Sec. 33 was added by sec. 117 of Public Law 
97-241 (96 Stat. 279).
---------------------------------------------------------------------------
          (1) A passport, during its period of validity (if 
        such period is the maximum period authorized by law), 
        issued by the Secretary of State to a citizen of the 
        United States.
          (2) The report, designated as a ``Report of Birth 
        Abroad of a Citizen of the United States'', issued by a 
        consular officer to document a citizen born abroad. For 
        purposes of this paragraph, the term `consular officer' 
        includes any United States citizen employee of the 
        Department of State who is designated by the Secretary 
        of State to adjudicate nationality abroad pursuant to 
        such regulations as the Secretary may prescribe.\102\
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    \102\ Sec. 2222(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-818) added text beginning with ``For purposes 
of this paragraph''.
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    Sec. 34.\103\ (a) Unless the Committee on International 
Relations and the Committee on Appropriations \104\ of the 
House of Representatives and the Committee on Foreign Relations 
and the Committee on Appropriations \105\ of the Senate are 
notified fifteen days in advance of the proposed reprogramming, 
funds appropriated for the Department of State shall not be 
available for obligation or expenditure through any 
reprogramming of funds--
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    \103\ 22 U.S.C. 2706. Sec. 34(a) was originally added as sec. 34 by 
sec. 123 of the Department of State Authorization Act, Fiscal Years 
1984 and 1985 (Public Law 98-164; 97 Stat. 1025). Sec. 121 of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1339) redesignated it as subsec. (a) and added a 
new subsec. (b).
    Part D, title V of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 486), the Cambodian 
Genocide Justice Act, in part, established the Office of Cambodian 
Genocide Information in the Department of State. Sec. 573(d) under that 
part required:
    ``(d) Notification to Congress.--The Committee on Foreign Relations 
and the Committee on Appropriations of the Senate and the Committee on 
Foreign Affairs and the Committee on Appropriations of the House of 
Representatives shall be notified of any exercise of the authority of 
section 34 of the State Department Basic Authorities Act of 1956 with 
respect to the Office [of Cambodian Genocide Information] or any of its 
programs, projects, or activities at least 15 days in advance in 
accordance with procedures applicable to notifications under that 
section.''.
    \104\ Sec. 2243(1)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-823), struck out ``Foreign Affairs'' and 
inserted in lieu thereof ``International Relations and the Committee on 
Appropriations''.
    \105\ Sec. 2243(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-823), inserted ``and the Committee on 
Appropriations'' after ``Foreign Relations''.
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          (1) which creates new programs;
          (2) which eliminates a program, project, or activity;
          (3) which increases funds or personnel by any means 
        for any project or activity for which funds have been 
        denied or restricted by the Congress;
          (4) which relocates an office or employees;
          (5) which reorganizes offices, programs, or 
        activities;
          (6) which involves contracting out functions which 
        had been performed by Federal employees; or
          (7) which involves a reprogramming in excess of 
        $1,000,000 \106\ or 10 percent, whichever is less and 
        which (A) augments existing programs, projects, or 
        activities, (B) reduces by 10 percent or more the 
        funding for any existing program, project, activity, or 
        personnel approved by the Congress, or (C) results from 
        any general savings from a reduction in personnel which 
        would result in a change in existing programs, 
        activities, or projects approved by the Congress.
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    \106\ Sec. 122(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 392), struck 
out ``$500,000'' and inserted in lieu thereof ``$1,000,000''.
    Previously, sec. 117(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 657), struck 
out ``$250,000'' and inserted in lieu thereof ``$500,000''.
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    (b) \103\ Funds appropriated for the Department of State 
may not be available for obligation or expenditure through any 
reprogramming described in subsection (a) during the period 
which is the last 15 days in which such funds are available 
unless notice of such reprogramming is made before such period.
    (c) \107\ The Secretary of State may waive the notification 
requirement of subsection (a), if the Secretary determines that 
failure to do so would pose a substantial risk to human health 
or welfare. In the case of any waiver under this subsection, 
notification to the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee on Appropriations of 
the House of Representatives shall be provided as soon as 
practicable, but not later than 3 days after taking the action 
to which the notification requirement was applicable, and shall 
contain an explanation of the emergency circumstances.
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    \107\ Sec. 2243(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-823), added subsec. (c).
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    Sec. 35.\108\ (b) \109\ The Secretary of State shall be 
responsible for formulation, coordination, and oversight of 
foreign policy related to international communications and 
information policy. The Secretary of State shall--
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    \108\ 22 U.S.C. 2707. Sec. 162(k)(1) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 408), struck out subsec. (a) and substantially restructured 
subsec. (b). Subsec. (a) had provided for the Secretary of State to 
assign responsibility to an Under Secretary for international 
communications and information policy matters. Subsec. (b) had provided 
for the establishment of the State Department Office of Coordinator for 
International Communications and Information Policy, and for the 
appointment of a Coordinator with rank of ambassador.
    The Secretary of State delegated functions authorized under this 
section to the Assistant Secretary for Economic and Business Affairs 
(Department of State Public Notice 2086; sec. 9 of Delegation of 
Authority No. 214; 59 F.R. 50790).
    Sec. 35 originally was added by sec. 124 of the Department of State 
Administration Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1025).
    Sec. 162(k)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), provided:
    ``(2) Nothing in the amendments made by paragraph (1) affects the 
nature or scope of the authority that is on the date of enactment of 
this Act vested by law or Executive order in the Department of 
Commerce, the Office of the United States Trade Representative, the 
Federal Communications Commission, or any officer thereof.''.
    \109\ Sec. 162(k)(1)(B)(i) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 408), 
struck out the text preceding para. (1) in subsec. (b) and added this 
new sentence. Designation of subsec. (b) was retained; it should 
probably have been stricken.
    Sec. 162(k)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), provided:
    ``(2) Nothing in the amendments made by paragraph (1) affects the 
nature or scope of the authority that is on the date of enactment of 
this Act vested by law or Executive order in the Department of 
Commerce, the Office of the United States Trade Representative, the 
Federal Communications Commission, or any officer thereof.''.
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          (1) \110\ exercise primary authority for the conduct 
        of foreign policy with respect to such 
        telecommunications functions, including the 
        determination of United States positions and the 
        conduct of United States participation in negotiations 
        with foreign governments and international bodies. In 
        exercising this responsibility, the Secretary shall 
        coordinate with other agencies as appropriate, and, in 
        particular, shall give full consideration to the 
        authority vested by law or Executive order in the 
        Federal Communications Commission, the Department of 
        Commerce and the Office of the United States Trade 
        Representative in this area;
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    \110\ Sec. 162(k)(1)(B)(ii)-(v) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 408), struck out former para. (2); redesignated para. (1) as 
para. (2); and inserted a new para. (1). Former para. (2) had read as 
follows: ``(2) in accordance with such authority as may be delegated by 
the President pursuant to Executive order, chair such agency and 
interagency meetings as may be necessary to coordinate actions on 
pending issues to ensure proper policy coordination;''.
    Sec. 162(k)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), provided:
    ``(2) Nothing in the amendments made by paragraph (1) affects the 
nature or scope of the authority that is on the date of enactment of 
this Act vested by law or Executive order in the Department of 
Commerce, the Office of the United States Trade Representative, the 
Federal Communications Commission, or any officer thereof.''.
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          (2) \110\ maintain continuing liaison \111\ with 
        other executive branch agencies concerned with 
        international communications and information policy and 
        with the Federal Communications Commission, as 
        appropriate; \111\
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    \111\ Sec. 162(k)(1)(B)(v) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 408), 
struck out ``with the bureaus and offices of the Department of State 
and'' following ``liaison'', and inserted before the semicolon, ``and 
with the Federal Communications Commission, as appropriate''.
    Sec. 162(k)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), provided:
    ``(2) Nothing in the amendments made by paragraph (1) affects the 
nature or scope of the authority that is on the date of enactment of 
this Act vested by law or Executive order in the Department of 
Commerce, the Office of the United States Trade Representative, the 
Federal Communications Commission, or any officer thereof.''.
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          (3) in accordance with such authority as may be 
        delegated by the President pursuant to Executive order, 
        supervise and coordinate the activities of any senior 
        interagency policymaking group on international 
        telecommunications and information policy and chair 
        such interagency meetings as may be necessary to 
        coordinate actions on pending issues;; \112\
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    \112\ Sec. 162(k)(1)(B)(vi) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 408), 
struck out ``the Senior Interagency Group on International 
Communications and Information Policy'' and inserted in lieu thereof 
``any senior interagency policymaking group on international 
telecommunications and information policy and chair such interagency 
meetings as may be necessary to coordinate actions on pending 
issues;''. The amendment resulted in a double semicolon.
    Sec. 162(k)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), provided:
    ``(2) Nothing in the amendments made by paragraph (1) affects the 
nature or scope of the authority that is on the date of enactment of 
this Act vested by law or Executive order in the Department of 
Commerce, the Office of the United States Trade Representative, the 
Federal Communications Commission, or any officer thereof.''.
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          (4) coordinate the activities of, and assist as 
        appropriate, interagency working level task forces and 
        committees concerned with specific aspects of 
        international communications and information policy;
          (5) maintain liaison with the members and staffs of 
        committees of the Congress concerned with international 
        communications and information policy and provide 
        testimony before such committees;
          (6) maintain appropriate liaison with representatives 
        of the private sector to keep informed of their 
        interests and problems, meet with them, and provide 
        such assistance as may be needed to ensure that matters 
        of concern to the private sector are promptly 
        considered by the Department or other executive branch 
        agencies; and
          (7) assist in arranging meetings of such public 
        sector advisory groups as may be established to advise 
        the Department of State and other executive branch 
        agencies in connection with international 
        communications and information policy issues.

SEC. 36.\113\ DEPARTMENT OF STATE REWARDS PROGRAM.

    (a) Establishment.--
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    \113\ 22 U.S.C. 2708. Sec. 102 of Public Law 98-533 (98 Stat. 2708) 
added original sec. 36. Sec. 2202 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-805), amended and 
restated sec. 36. Sec. 101 of Public Law 105-323 (112 Stat. 3029) also 
amended and restated sec. 36, enacting text identical to that enacted 
in sec. 2202 of Public Law 105-277 with the exception of sec. 36(e)(1). 
In that para., enacted by Public Law 105-323 raised the maximum amount 
of any reward to be paid under this section not to exceed $5,000,000 
from the level of $2,000,000 enacted in Public Law 105-277.
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          (1) In general.--There is established a program for 
        the payment of rewards to carry out the purposes of 
        this section.
          (2) Purpose.--The rewards program shall be designed 
        to assist in the prevention of acts of international 
        terrorism, international narcotics trafficking, and 
        other related criminal acts.
          (3) Implementation.--The rewards program shall be 
        administered by the Secretary of State, in 
        consultation, as appropriate, with the Attorney 
        General.
    (b) Rewards Authorized.--In the sole discretion of the 
Secretary (except as provided in subsection (c)(2)) and in 
consultation, as appropriate, with the Attorney General, the 
Secretary may pay a reward to any individual who furnishes 
information leading to--
          (1) 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;
          (2) 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;
          (3) 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--
                  (A) a violation of United States narcotics 
                laws such that the individual would be a major 
                violator of such laws;
                  (B) 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
                  (C) an attempt or conspiracy to commit any 
                act described in subparagraph (A) or (B);
          (4) the arrest or conviction in any country of any 
        individual aiding or abetting in the commission of an 
        act described in paragraph (1), (2), or (3); or
          (5) the prevention, frustration, or favorable 
        resolution of an act described in paragraph (1), (2), 
        or (3).
    (c) Coordination.--
          (1) Procedures.--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) the 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) Prior approval of attorney general required.--
        Before making a reward under this section in a matter 
        over which there is Federal criminal jurisdiction, the 
        Secretary of State shall obtain the concurrence of the 
        Attorney General.
    (d) Funding.--
          (1) Authorization of appropriations.--Notwithstanding 
        section 102 of the Foreign Relations Authorization Act, 
        Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 
        408), but subject to paragraph (2), there are 
        authorized to be appropriated to the Department of 
        State from time to time such amounts as may be 
        necessary to carry out this section.
          (2) Limitation.--No amount of funds may be 
        appropriated under paragraph (1) which, when added to 
        the unobligated balance of amounts previously 
        appropriated to carry out this section, would cause 
        such amounts to exceed $15,000,000.
          (3) Allocation of funds.--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) Period of availability.--Amounts appropriated 
        under paragraph (1) shall remain available until 
        expended.
    (e) Limitations and Certification.--
          (1) Maximum amount.--No reward paid under this 
        section may exceed $5,000,000.
          (2) Approval.--A reward under this section of more 
        than $100,000 may not be made without the approval of 
        the Secretary.
          (3) Certification for payment.--Any reward granted 
        under this section shall be approved and certified for 
        payment by the Secretary.
          (4) Nondelegation of authority.--The authority to 
        approve rewards of more than $100,000 set forth in 
        paragraph (2) may not be delegated.
          (5) Protection measures.--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.
    (f) Ineligibility.--An officer or employee of any entity of 
Federal, State, or local government or of a foreign government 
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.
    (g) Reports.--
          (1) Reports on payment of rewards.--Not later than 30 
        days after the payment of any reward under this 
        section, the Secretary shall submit a report to the 
        appropriate congressional committees with respect to 
        such reward. The report, which may be submitted in 
        classified form 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) Annual reports.--Not later than 60 days after the 
        end of each fiscal year, the Secretary shall submit a 
        report to the appropriate congressional committees with 
        respect to the operation of the rewards program. The 
        report shall provide information on the total amounts 
        expended during the fiscal year ending in that year to 
        carry out this section, including amounts expended to 
        publicize the availability of rewards.
    (h) Publication Regarding Rewards Offered by Foreign 
Governments.--Notwithstanding any other provision of this 
section, in the sole discretion of the Secretary, the resources 
of the rewards program shall be available for the publication 
of rewards offered by foreign governments regarding acts of 
international terrorism which do not involve United States 
persons or property or a violation of the narcotics laws of the 
United States.
    (i) Determinations of the Secretary.--A determination made 
by the Secretary under this section shall be final and 
conclusive and shall not be subject to judicial review.
    (j) Definitions.--As used in this section:
          (1) Act of international terrorism.--The term ``act 
        of international terrorism'' includes--
                  (A) any act substantially contributing to the 
                acquisition of unsafeguarded special nuclear 
                material (as defined in paragraph (8) of 
                section 830 of the Nuclear Proliferation 
                Prevention Act of 1994 (22 U.S.C. 3201 note)) 
                or any nuclear explosive device (as defined in 
                paragraph (4) of that section) by an 
                individual, group, or non-nuclear-weapon state 
                (as defined in paragraph (5) of that section); 
                and
                  (B) any act, as determined by the Secretary, 
                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)(1)(A) of the Export 
                Administration Act of 1979 (50 U.S.C. App. 
                2405(j)(1)(A)).
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
          (3) Member of the immediate family.--The term 
        ``member of the immediate family'', with respect to an 
        individual, includes--
                  (A) a spouse, parent, brother, sister, or 
                child of the individual;
                  (B) a person with respect to whom the 
                individual stands in loco parentis; and
                  (C) any person not covered by subparagraph 
                (A) or (B) who is living in the individual's 
                household and is related to the individual by 
                blood or marriage.
          (4) Rewards program.--The term ``rewards program'' 
        means the program established in subsection (a)(1).
          (5) United states narcotics laws.--The term ``United 
        States narcotics laws'' means the laws of the United 
        States for the prevention and control of illicit 
        trafficking in controlled substances (as such term is 
        defined in section 102(6) of the Controlled Substances 
        Act (21 U.S.C. 802(6))).
          (6) United states person.--The term ``United States 
        person'' means--
                  (A) a citizen or national of the United 
                States; and
                  (B) an alien lawfully present in the United 
                States.

SEC. 36A.\114\ AWARD OF FOREIGN SERVICE STAR.

    (a) Authority to Award.--The President, upon the 
recommendation of the Secretary, may award a Foreign Service 
star to any member of the Foreign Service or any other civilian 
employee of the Government of the United States who, while 
employed at, or assigned permanently or temporarily to, an 
official mission overseas or while traveling abroad on official 
business, incurred a wound or other injury or an illness 
(whether or not the wound, other injury, or illness resulted in 
death)--
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    \114\ 22 U.S.C. 2708a. Sec. 321 of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 
106-113; 113 Stat. 1536), added sec. 36A.
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          (1) as the person was performing official duties;
          (2) as the person was on the premises of a United 
        States mission abroad; or
          (3) by reason of the person's status as a United 
        States Government employee.
    (b) Selection Criteria.--The Secretary shall prescribe the 
procedures for identifying and considering persons eligible for 
award of a Foreign Service star and for selecting the persons 
to be recommended for the award.
    (c) Award in the Event of Death.--If a person selected for 
award of a Foreign Service star dies before being presented the 
award, the award may be made and the star presented to the 
person's family or to the person's representative, as 
designated by the President.
    (d) Form of Award.--The Secretary shall prescribe the 
design of the Foreign Service star. The award may not include a 
stipend or any other cash payment.
    (e) Funding.--Any expenses incurred in awarding a person a 
Foreign Service star may be paid out of appropriations 
available at the time of the award for personnel of the 
department or agency of the United States Government in which 
the person was employed when the person incurred the wound, 
injury, or illness upon which the award is based.

                             special agents

    Sec. 37.\115\ (a) General Authority.--Under such 
regulations as the Secretary of State may prescribe, special 
agents of the Department of State and the Foreign Service may--
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    \115\ 22 U.S.C. 2709. Sec. 125(a) of Public Law 99-93 (99 Stat. 
415) inserted this text as a new sec. 37 and redesignated the previous 
sec. 37 as sec. 38.
    Sec. 139(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), repealed 
subsec. (d) of this section, which had required ``Transmission of 
Regulations to Congress.--The Secretary of State shall transmit the 
regulations prescribed under this section to the Committee on Foreign 
Affairs and the Committee on the Judiciary of the House of 
Representatives and the Committee on Foreign Relations of the Senate 
not less than 20 days before the date on which such regulations take 
effect.''.
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          (1) conduct investigations concerning illegal 
        passport or visa issuance or use;
          (2) For the purpose of conducting such 
        investigation--
                  (A) obtain and execute search and arrest 
                warrants,
                  (B) \116\ make arrests without warrant for 
                any offense concerning passport or visa 
                issuance or use of the special agent has 
                reasonable grounds to believe that the person 
                has committed or is committing such offense, 
                and
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    \116\ Sec. 113(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 22), 
redesignated subpar. (B) as (C) and inserted a new subpar. (B).
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                  (C) \116\ obtain and serve subpoenas and 
                summonses issued under the authority of the 
                United States;
          (3) protect and perform protective functions directly 
        related to maintaining the security and safety of--
                  (A) heads of a foreign state, official 
                representatives of a foreign government, and 
                other distinguished visitors to the United 
                States, while the United States;
                  (B) the Secretary of State, Deputy Secretary 
                of State, and official representatives of the 
                United States Government, in the United States 
                or abroad;
                  (C) members of the immediate family of 
                persons described in subparagraph (A) or (B); 
                \117\
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    \117\ Sec. 406 of the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-97), as 
amended by Public Law 106-554, struck out ``and'' at the end of 
subpara. (C), and added new subparas. (E) and (F).
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                  (D) foreign missions (as defined in section 
                202(a)(4) of this Act) and international 
                organizations (as defined in section 209(b) of 
                this Act), within the United States;
                  (E) \117\ a departing Secretary of State for 
                a period of up to 180 days after the date of 
                termination of that individual's incumbency as 
                Secretary of State, on the basis of a threat 
                assessment; and
                  (F) \117\ an individual who has been 
                designated by the President to serve as 
                Secretary of State, prior to that individual's 
                appointment.
          (4) if designated by the Secretary and qualified, 
        under regulations approved by the Attorney General, for 
        the use of firearms, carry firearms for the purpose of 
        performing the duties authorized by this section; and
          (5) \118\ arrest without warrant any person for a 
        violation of section 111, 112, 351, 970, or 1028 , of 
        title 18, United States Code--
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    \118\ Sec. 113(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 22), restated 
par. (5).
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                  (A) in the case of a felony violation, if the 
                special agent has reasonable grounds to believe 
                that such person--
                          (i) has committed or is committing 
                        such violation; and
                          (ii) is in or is fleeing from the 
                        immediate area of such violation; and
                  (B) in the case of a felony or misdemeanor 
                violation, if the violation is committed in the 
                presence of the special agent.
    (b) Agreement With Attorney General and Firearms 
Regulations.--
          (1) Agreement with attorney general.--The authority 
        conferred by paragraphs (1), (2), (4), and (5) of 
        subsection (a) shall be exercised subject to an 
        agreement with the Attorney General and shall not be 
        construed to affect the investigative authority of any 
        other Federal law enforcement agency.
          (2) Firearms regulations.--The Secretary of State 
        shall prescribe regulations, which shall be approved by 
        the Attorney General, with respect to the carrying and 
        use of firearms by special agents under this section.
    (c) Secret Service not Affected.--Nothing in subsection 
(a)(3) shall be construed to preclude or limit in any way the 
authority of the United States Secret Service to provide 
protective services pursuant to section 202 of title 3, United 
States Code, or section 3056 of title 18, United States Code, 
at a level commensurate with protective requirements as 
determined by the United States Secret Service. The Secretary 
of State, the Attorney General, and the Secretary of the 
Treasury shall enter into an interagency agreement with respect 
to their law enforcement functions.

 expenses relating to participation in arbitrations of certain disputes

    Sec. 38.\119\ (a) International Agreements.--The Secretary 
of State may use funds available to the Secretary for the 
expenses of United States participation in arbitrations and 
other proceedings for the peaceful resolution of disputes under 
treaties or other international agreements.
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    \119\ 22 U.S.C. 2710. This sec., comprising subsecs. (a) and (b), 
was added by sec. 128 of Public Law 99-93 (99 Stat. 419).
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    (b) Contracts Abroad.--The Secretary of State may use funds 
available to the Secretary for the expenses of United States 
participation in arbitrations arising under contracts 
authorized by law for the performance of services or 
acquisition of property, real or personal, abroad.
    (c) \120\ Procurement of Services.--The Secretary of State 
may use competitive procedures or procedures other than 
competitive procedures to procure the services of experts for 
use in preparing or prosecuting a proceeding before an 
international tribunal or a claim by or against a foreign 
government or other foreign entity, whether or not the expert 
is expected to testify, or to procure personal and \121\ other 
support services for such proceedings or claims. The Secretary 
need not provide any written justification for the use of 
procedures other than competitive procedures when procuring 
such services under this subsection and need not furnish for 
publication in the Commerce Business Daily or otherwise any 
notice of solicitation or synopsis with respect to such 
procurement.
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    \120\ Subsecs. (c) and (d) were added by sec. 123 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 392).
    \121\ Sec. 2212(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-812), inserted ``personal and'' before ``other 
support services''.
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    (d) \120\ International Litigation Fund.--
          (1) Establishment.--In order to provide the 
        Department of State with a dependable, flexible, and 
        adequate source of funding for the expenses of the 
        Department related to preparing or prosecuting a 
        proceeding before an international tribunal, or a claim 
        by or against a foreign government or other foreign 
        entity, there is established an International 
        Litigation Fund (hereafter in this subsection referred 
        to as the ``ILF''). The ILF may be available without 
        fiscal year limitation. Funds otherwise available to 
        the Department for the purposes of this paragraph may 
        be credited to the ILF.
          (2) Reprogramming procedures.--Funds credited to the 
        ILF shall be treated as a reprogramming of funds under 
        section 34 and shall not be available for obligation or 
        expenditure except in compliance with the procedures 
        applicable to such reprogrammings. This paragraph shall 
        not apply to the transfer of funds under paragraph (3).
          (3) Transfers of funds.--Funds received by the 
        Department of State from another agency of the United 
        States Government or pursuant to the Department of 
        State Appropriations Act of 1937 (49 Stat. 1321, 22 
        U.S.C. 2661) to meet costs of preparing or prosecuting 
        a proceeding before an international tribunal, or a 
        claim by or against a foreign government or other 
        foreign entity, shall be credited to the ILF.
          (4) Use of funds.--Funds deposited in the ILF shall 
        be available only for the purposes of paragraph (1).

                    counterterrorism protection fund

    Sec. 39.\122\ (a) Authority.--The Secretary of State may 
reimburse domestic and foreign persons, agencies, or 
governments for the protection of judges or other persons who 
provide assistance or information relating to terrorist 
incidents primarily outside the territorial jurisdiction of the 
United States. Before making a payment under this section in a 
matter over which there is Federal criminal jurisdiction, the 
Secretary shall advise and consult with the Attorney General.
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    \122\ 22 U.S.C. 2711. Sec. 39 was added by sec. 504(2) of Public 
Law 99-399 (100 Stat. 871).
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    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of State for 
``Administration of Foreign Affairs'' $1,000,000 for fiscal 
year 1986 and $1,000,000 for fiscal year 1987 for use in 
reimbursing persons, agencies, or governments under this 
section.
    (c) Designation of Fund.--Amounts made available under this 
section may be referred to as the ``Counterterrorism Protection 
Fund''.

        authority to control certain terrorism-related services

    Sec. 40.\123\ (a) Authority.--The Secretary of State may, 
by regulation, impose controls on the provisions of the 
services described in subsection (b) if the Secretary 
determines that provision of such services would aid and abet 
international terrorism.
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    \123\ 22 U.S.C. 2712. Sec. 40 was added by sec. 506(2) of Public 
Law 99-399 (100 Stat. 872).
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    (b) Services Subject to Control.--The services subject to 
control under subsection (a) are the following:
          (1) Serving in or with the security forces of a 
        designated foreign government.
          (2) Providing training or other technical services 
        having a direct military, law enforcement, or 
        intelligence application, to or for the security forces 
        of a designated foreign government.
Any regulations issued to impose controls on services described 
in paragraph (2) shall list the specific types of training and 
other services subject to the controls.
    (c) Persons Subject of Controls.--These services may be 
controlled under subsection (a) when they are provided within 
the United States by any individual or entity and when they are 
provided anywhere in the world by a United States person.
    (d) Licenses.--In carrying out subsection (a), the 
Secretary of State may require licenses, which may be revoked, 
suspended, or amended, without prior notice, whenever such 
action is deemed to be advisable.
    (e) Definitions.--
          (1) Designated foreign government.--As used in this 
        section, the term ``designated foreign government' 
        means a foreign government that the Secretary of State 
        has determined, for purposes of section 6(j)(1) of the 
        Export Administration Act of 1979, has repeatedly 
        provided support for acts of international terrorism.
          (2) Security forces.--As used in this section, the 
        term ``security forces'' means any military or 
        paramilitary forces, any police or other law 
        enforcement agency (including any police or other law 
        enforcement agency at the regional or local level), and 
        any intelligence agency of a foreign government.
          (3) United states.--As used in this section, the term 
        ``United States'' includes any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States.
          (4) United states person.--As used in this section, 
        the term ``United States person'' means any United 
        States national, any permanent resident alien, and any 
        sole proprietorship, partnership, company, association, 
        or corporation organized under the laws of or having 
        its principal place of business within the United 
        States.
    (f) Violations.--
          (1) Penalties.--Whoever willfully violates any 
        regulation issued under this section shall be fined not 
        more than $100,000 or five times the total compensation 
        received for the conduct which constitutes the 
        violation, whichever is greater, or imprisoned for not 
        more than ten years, or both, for each such offense.
          (2) Investigations.--The Attorney General and the 
        Secretary of the Treasury shall have authority to 
        investigate violations of regulations issued under this 
        section.
    (g) Congressional Oversight.--
          (1) Review of regulations.--Not less than 30 days 
        before issuing any regulations under this section 
        (including any amendment thereto), the Secretary of 
        State shall transmit the proposed regulations to the 
        Congress.
          (2) Reports.--Not less than once every six months, 
        the Secretary of State shall report to the Congress 
        concerning the number and character of licenses granted 
        and denied during the previous reporting period, and 
        such other information as the Secretary may find to be 
        relevant to the accomplishment of the objectives of 
        this section.
  (h) Relationship to Other Laws.--The authority granted by 
this section is in addition to the authorities granted by any 
other provision of law.

 protection of historic and artistic furnishings of reception areas of 
                    the department of state building

    Sec. 41.\124\ (a) In General.--The Secretary of State shall 
administer the historic and artistic articles of furniture, 
fixtures, and decorative objects of the reception areas of the 
Department of State by such means and measures as conform to 
the purposes of the reception areas, which include conserving 
those articles, fixtures, and objects and providing for their 
enjoyment in such manner and by such means as will leave them 
for the use of the American people. Nothing shall be done under 
this subsection which conflicts with the administration of the 
Department of State or with the use of the reception areas for 
official purposes of the United States Government.
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    \124\ 22 U.S.C. 2713. Sec. 41 was added by sec. 126(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1341).
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  (b) Disposition of Historic and Artistic Items.--
          (1) Items covered.--Articles of furniture, fixtures, 
        and decorative objects of the reception areas (and 
        similar articles, fixtures, and objects acquired by the 
        Secretary of State), when declared by the Secretary of 
        State to be of historic or artistic interest, shall 
        thereafter be considered to be the property of the 
        Secretary in his or her official capacity and shall be 
        subject to disposition solely in accordance with this 
        subsection.
          (2) Sale or trade.--Whenever the Secretary of State 
        determines that--
                  (A) any item covered by paragraph (1) is no 
                longer needed for use or display in the 
                reception areas, or
                  (B) in order to upgrade the reception areas, 
                a better use of that article would be its sale 
                or exchange,
        the Secretary may, with the advice and concurrence of 
        the Director of the National Gallery of Art, sell the 
        item at fair market value or trade it, without regard 
        to the requirements of the Federal Property and 
        Administrative Services Act of 1949. The proceeds of 
        any such sale may be credited to the unconditional gift 
        account of the Department of State, and items obtained 
        in trade shall be the property of the Secretary of 
        State under this subsection.
          (3) Smithsonian institution.--The Secretary of State 
        may also lend items covered by paragraph (1), when not 
        needed for use or display in the reception areas, to 
        the Smithsonian Institution or a similar institution 
        for care, repair, study, storage, or exhibition.
  (c) Definition.--For purposes of this section, the term 
``reception areas'' means the areas of the Department of State 
Building, located at 2201 C Street, Northwest, Washington, 
District of Columbia, known as the Diplomatic Reception Rooms 
(eighth floor), the Secretary of State's offices (seventh 
floor), the Deputy Secretary of State's offices (seventh 
floor), and the seventh floor reception area.

       denial of passports to certain convicted drug traffickers

    Sec. 42.\125\ (a) Ineligibility for Passport.--
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    \125\ 22 U.S.C. 2714. Sec. 4603 of the International Narcotics 
Control Act of 1988 (Public Law 100-690; 102 Stat. 4287) added sec. 42.
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          (1) In general.--A passport may not be issued to an 
        individual who is convicted of an offense described in 
        subsection (b) during the period described in 
        subsection (c) if the individual used a passport or 
        otherwise crossed an international border in committing 
        the offense.
          (2) Passport revocation.--The Secretary of State 
        shall revoke a passport previously issued to an 
        individual who is ineligible to receive a passport 
        under paragraph (1).
  (b) Drug Law Offenses.--
          (1) Felonies.--Subsection (a) applies with respect to 
        any individual convicted of a Federal drug offense, or 
        a State drug offense, if the offense is a felony.
          (2) Certain misdemeanors.--Subsection (a) also 
        applies with respect to an individual convicted of a 
        Federal drug offense, or a State drug offense, if the 
        offense is misdemeanor, but only if the Secretary of 
        State determines that subsection (a) should apply with 
        respect to that individual on account of that offense. 
        This paragraph does not apply to an individual's first 
        conviction for a misdemeanor which involves only 
        possession of a controlled substance.
  (c) Period of Ineligibility.--Subsection (a) applies during 
the period that the individual--
          (1) is imprisoned, or is legally required to be 
        imprisoned, as the result of the conviction for the 
        offense described in subsection (b); or
          (2) is on parole or other supervised release after 
        having been imprisoned as the result of that 
        conviction.
  (d) Emergency and Humanitarian Exceptions.--Notwithstanding 
subsection (a), the Secretary of State may issue a passport, in 
emergency circumstances or for humanitarian reasons, to an 
individual with respect to whom that subsection applies.
  (e) Definitions.--As used in this section--
          (1) the term ``controlled substance'' has the same 
        meaning as is provided in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802);
          (2) the term ``Federal drug offense'' means a 
        violation of--
                  (A) the Controlled Substances Act (21 U.S.C. 
                801 et seq.) or the Controlled Substances 
                Import and Export Act (21 U.S.C. 951 et seq.);
                  (B) any other Federal law involving 
                controlled substances; or
                  (C) subchapter II of chapter 53 of title 31, 
                United States Code (commonly referred to as the 
                ``Bank Secrecy Act''), or section 1956 or 
                section 1957 of title 18, United States Code 
                (commonly referred to as the ``Money Laundering 
                Act''), if the Secretary of State determines 
                that the violation is related to illicit 
                production of or trafficking in a controlled 
                substance;
          (3) the term ``felony'' means a criminal offense 
        punishable by death or imprisonment for more than one 
        year;
          (4) the term ``imprisoned'' means an individual is 
        confined in or otherwise restricted to a jail-type 
        institution, a half-way house, a treatment facility, or 
        another institution, on a full or part-time basis, 
        pursuant to the sentence imposed as the result of a 
        conviction;
          (5) the term ``misdemeanor'' means a criminal offense 
        other than a felony;
          (6) the term ``State drug offense'' means a violation 
        of State law involving the manufacture, distribution, 
        or possession of a controlled substance; and
          (7) the term ``State law'' means the law of a State 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the 
        Northern Mariana Islands, or a territory or possession 
        of the United States.

  procedures regarding major disasters and incidents abroad affecting 
                         united states citizens

    Sec. 43.\126\ (a) \127\ Authority.--In the case of a major 
disaster or incident abroad which affects the health and safety 
of citizens of the United States residing or traveling abroad, 
the Secretary of State shall provide prompt and thorough 
notification of all appropriate information concerning such 
disaster or incident and its effect on United States citizens 
to the next-of-kin of such individuals. Notification shall be 
provided through the most expeditious means available, 
including telephone communications, and shall include timely 
written notice. The Secretary, through the appropriate offices 
of the Department of State, shall act as a clearinghouse for 
up-to-date information for the next-of-kin and shall provide 
other services and assistance. Assistance shall include liaison 
with foreign governments and persons and with United State air 
carriers concerning arrangements for the preparation and 
transport to the United States of the remains of citizens who 
die abroad, as well as disposition of personal estates pursuant 
to section 43B of this Act.\128\
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    \126\ 22 U.S.C. 2715. Sec. 115(c) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 23), redesignated the previous sec. 43 as sec. 44, and added a 
new sec. 43. Sec. 115(d) also provided the following:
    ``(d) Development of Standardized Procedures.--
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          ``(1) The Secretary of State shall enter into discussions 
        with international air carriers and other appropriate entities 
        to develop standardized procedures which will assist the 
        Secretary in implementing the provisions of section 43 of the 
        State Department Basic Authorities Act of 1956, as amended by 
        subsection (a).
          ``(2) The Secretary of State shall consider the feasibility 
        of establishing a toll-free telephone number to facilitate 
        inquiries by the next-of-kin in cases of major disasters or 
        incidents abroad which affect the health and safety of citizens 
        of the United States residing or traveling abroad.
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    ``(e) Report to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall prepare and 
submit a report to the Congress which sets forth plans for the 
implementation of the amendment made by subsection (c) and the 
provisions of subsection (d)(1), together with the Secretary's comments 
concerning the proposal under subsection (d)(2).''.
    \127\ Sec. 235(1) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), inserted ``(a) Authority.--'' before ``In''.
    \128\ Sec. 235(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``disposition of personal effects'' and 
inserted in lieu thereof ``disposition of personal estates pursuant to 
section 43B of this Act''.
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    (b) \129\ Definitions.--For purposes of this section and 
sections 43A and 43B, the term ``consular officer'' includes 
any United States citizen employee of the Department of State 
who is designated by the Secretary of State to perform consular 
services pursuant to such regulations as the Secretary may 
prescribe.
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    \129\ Sec. 235(3) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added subsec. (b).
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SEC. 43A.\130\ NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.

    (a) In General.--Whenever a United States citizen or 
national dies abroad, a consular officer shall endeavor to 
notify, or assist the Secretary of State in notifying, the next 
of kin or legal guardian as soon as possible, except that, in 
the case of death of any Peace Corps volunteer (within the 
meaning of section 5(a) of the Peace Corps Act (22 U.S.C. 
2504(a)), any member of the Armed Forces, any dependent of such 
a volunteer or member, or any Department of Defense employee, 
the consular officer shall assist the Peace Corps or the 
appropriate military authorities, as the case may be, in making 
such notifications.
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    \130\ 22 U.S.C. 2715b. Sec. 234(b) of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public 
Law 106-113; 113 Stat. 1536), added secs. 43A and 43B, effective six 
months after date of enactment.
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    (b) Reports of Death or Presumptive Death.--The consular 
officer may, for any United States citizen who dies abroad--
          (1) in the case of a finding of death by the 
        appropriate local authorities, issue a report of death 
        or of presumptive death; or
          (2) in the absence of a finding of death by the 
        appropriate local authorities, issue a report of 
        presumptive death.
    (c) Implementing Regulations.--The Secretary of State shall 
prescribe such regulations as may be necessary to carry out 
this section.

SEC. 43B.\131\ CONSERVATION AND DISPOSITION OF ESTATES.

    (a) Conservation of Estates Abroad.--
          (1) Authority to act as conservator.--Whenever a 
        United States citizen or national dies abroad, a 
        consular officer shall act as the provisional 
        conservator of the portion of the decedent's estate 
        located abroad and, subject to paragraphs (3), (4), and 
        (5), shall--
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    \131\ 22 U.S.C. 2715c. Added by sec. 234(b) of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536).
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                  (A) take possession of the personal effects 
                of the decedent within his jurisdiction;
                  (B) inventory and appraise the personal 
                effects of the decedent, sign the inventory, 
                and annex thereto a certificate as to the 
                accuracy of the inventory and appraised value 
                of each article;
                  (C) when appropriate in the exercise of 
                prudent administration, collect the debts due 
                to the decedent in the officer's jurisdiction 
                and pay from the estate the obligations owed by 
                the decedent;
                  (D) sell or dispose of, as appropriate, in 
                the exercise of prudent administration, all 
                perishable items of property;
                  (E) sell, after reasonable public notice and 
                notice to such next of kin as can be 
                ascertained with reasonable diligence, such 
                additional items of property as necessary to 
                provide funds sufficient to pay the decedent's 
                debts and property taxes in the country of 
                death, funeral expenses, and other expenses 
                incident to the disposition of the estate;
                  (F) upon the expiration of the one-year 
                period beginning on the date of death (or after 
                such additional period as may be required for 
                final settlement of the estate), if no claimant 
                shall have appeared, after reasonable public 
                notice and notice to such next of kin as can be 
                ascertained with reasonable diligence, sell or 
                dispose of the residue of the personal estate, 
                except as provided in subparagraph (G), in the 
                same manner as United States Government-owned 
                foreign excess property;
                  (G) transmit to the custody of the Secretary 
                of State in Washington, D.C. the proceeds of 
                any sales, together with all financial 
                instruments (including bonds, shares of stock, 
                and notes of indebtedness), jewelry, heirlooms, 
                and other articles of obvious sentimental 
                value, to be held in trust for the legal 
                claimant; and
                  (H) in the event that the decedent's estate 
                includes an interest in real property located 
                within the jurisdiction of the officer and such 
                interest does not devolve by the applicable 
                laws of intestate succession or otherwise, 
                provide for title to the property to be 
                conveyed to the Government of the United States 
                unless the Secretary declines to accept such 
                conveyance.
          (2) Authority to act as administrator.--Subject to 
        paragraphs (3) and (4), a consular officer may act as 
        administrator of an estate in exceptional circumstances 
        if expressly authorized to do so by the Secretary of 
        State.
          (3) Exceptions.--The responsibilities described in 
        paragraphs (1) and (2) may not be performed to the 
        extent that the decedent has left or there is otherwise 
        appointed, in the country where the death occurred or 
        where the decedent was domiciled, a legal 
        representative, partner in trade, or trustee appointed 
        to take care of his personal estate. If the decedent's 
        legal representative shall appear at any time prior to 
        transmission of the estate to the Secretary and demand 
        the proceeds and effects being held by the consular 
        officer, the officer shall deliver them to the 
        representative after having collected any prescribed 
        fee for the services performed under this section.
          (4) Additional requirement.--In addition to being 
        subject to the limitations in paragraph (3), the 
        responsibilities described in paragraphs (1) and (2) 
        may not be performed unless--
                  (A) authorized by treaty provisions or 
                permitted by the laws or authorities of the 
                country wherein the death occurs, or the 
                decedent is domiciled; or
                  (B) permitted by established usage in that 
                country.
          (5) Statutory construction.--Nothing in this section 
        supersedes or otherwise affects the authority of any 
        military commander under title 10 of the United States 
        Code with respect to the person or property of any 
        decedent who died while under a military command or 
        jurisdiction or the authority of the Peace Corps with 
        respect to a Peace Corps volunteer or the volunteer's 
        property.
    (b) Disposition of Estates by the Secretary of State.--
          (1) Personal estates.--
                  (A) In general.--After receipt of a personal 
                estate pursuant to subsection (a), the 
                Secretary may seek payment of all outstanding 
                debts to the estate as they become due, may 
                receive any balances due on such estate, may 
                endorse all checks, bills of exchange, 
                promissory notes, and other instruments of 
                indebtedness payable to the estate for the 
                benefit thereof, and may take such other action 
                as is reasonably necessary for the conservation 
                of the estate.
                  (B) Disposition as surplus united states 
                property.--If, upon the expiration of a period 
                of 5 fiscal years beginning on October 1 after 
                a consular officer takes possession of a 
                personal estate under subsection (a), no legal 
                claimant for such estate has appeared, title to 
                the estate shall be conveyed to the United 
                States, the property in the estate shall be 
                under the custody of the Department of State, 
                and the Secretary shall dispose of the estate 
                in the same manner as surplus United States 
                Government-owned property is disposed or by 
                such means as may be appropriate in light of 
                the nature and value of the property involved. 
                The expenses of sales shall be paid from the 
                estate, and any lawful claim received 
                thereafter shall be payable to the extent of 
                the value of the net proceeds of the estate as 
                a refund from the appropriate Treasury 
                appropriations account.
                  (C) Transfer of proceeds.--The net cash 
                estate after disposition as provided in 
                subparagraph (B) shall be transferred to the 
                miscellaneous receipts account of the Treasury 
                of the United States.
          (2) Real property.--
                  (A) Designation as excess property.--In the 
                event that title to real property is conveyed 
                to the Government of the United States pursuant 
                to subsection (a)(1)(H) and is not required by 
                the Department of State, such property shall be 
                considered foreign excess property under title 
                IV of the Federal Property and Administrative 
                Services Act of 1949 (40 U.S.C. 511 et seq.).
                  (B) Treatment as gift.--In the event that the 
                Department requires such property, the 
                Secretary of State shall treat such property as 
                if it were an unconditional gift accepted on 
                behalf of the Department of State under section 
                25 of this Act and section 9(a)(3) of the 
                Foreign Service Buildings Act of 1926.
    (c) Losses in Connection with the Conservation of 
Estates.--
          (1) Authority to compensate.--The Secretary is 
        authorized to compensate the estate of any United 
        States citizen who has died overseas for property--
                  (A) the conservation of which has been 
                undertaken under section 43 or subsection (a) 
                of this section; and
                  (B) that has been lost, stolen, or destroyed 
                while in the custody of officers or employees 
                of the Department of State.
          (2) Liability.--
                  (A) Exclusion of personal liability after 
                provision of compensation.--Any such 
                compensation shall be in lieu of personal 
                liability of officers or employees of the 
                Department of State.
                  (B) Liability to the department.--An officer 
                or employee of the Department of State may be 
                liable to the Department of State to the extent 
                of any compensation provided under paragraph 
                (1).
                  (C) Determinations of liability.--The 
                liability of any officer or employee of the 
                Department of State to the Department for any 
                payment made under subsection (a) shall be 
                determined pursuant to the Department's 
                procedures for determining accountability for 
                United States Government property.
    (d) Regulations.--The Secretary of State may prescribe such 
regulations as may be necessary to carry out this section.

                            debt collection

    Sec. 44.\132\ (a) Contract Authority.--(1) Subject to the 
availability of appropriations, the Secretary of State shall 
enter into contracts for collection services to recover 
indebtedness owed by a person, other than a foreign country, to 
the United States which arises out of activities of the 
Department of State and is delinquent by more than 90 days.
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    \132\ 22 U.S.C. 2716. Sec. 117 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 25), redesignated sec. 44 as sec. 45 and added a new sec. 44.
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    (2) Each contract entered into under this section shall 
provide that the person with whom the Secretary enters into 
such contract shall submit to the Secretary at least once each 
180 days a status report on the success of the person in 
collecting debts. Section 3718 of title 31, United States Code, 
shall apply to any such contract to the extent that such 
section is not inconsistent with this subsection.
    (b) Disclosure of Delinquent Debt to Credit Reporting 
Agencies.--The Secretary of State shall, to the extent 
otherwise allowed by law, disclose to those credit reporting 
agencies to which the Secretary reports loan activity 
information concerning any debt of more than $100 owed by a 
person, other than a foreign country, to the United States 
which arises out of activities of the Department of State and 
is delinquent by more than 31 days.

             defense trade controls registration fees \133\

    Sec. 45.\133\ For each fiscal year, 100 percent \134\ of 
the registration fees collected by the Office of Defense Trade 
Controls \135\ of the Department of State shall be credited to 
a Department of State account, to be available without fiscal 
year limitation. Fees credited to that account shall be 
available only for payment of expenses incurred for--
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    \133\ 22 U.S.C. 2717. Sec. 118 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 25), redesignated sec. 45 as sec. 46, and added a new sec. 45.
    Sec. 126(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 659), struck out 
``Munitions Control Registration Fees'' and inserted in lieu thereof 
``Defense Trade Controls Registration Fees'' for the section heading 
and for subsec. (a) heading. Sec. 1513(b)(1)(B) and (b)(2) of Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2174) subsequently struck out ``(a) 
Defense Trade Controls Registration Fees.--'' and struck out subsec. 
(b), which had stated terms of Budget Act compliance.
    \134\ Sec. 1513(b)(1)(A) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
2174) struck out ``$700,000'' and inserted in lieu thereof ``100 
percent''. Previously, sec. 126(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 659) struck out ``$500,000'' and inserted in lieu thereof 
``$700,000''.
    \135\ Sec. 126(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 659), further 
amended this section: (A) by striking out ``Munitions Control'' and 
inserting in lieu thereof ``Defense Trade Controls'' throughout subsec. 
(a); and (B) by striking ``munitions control'' and inserting in lieu 
thereof ``defense trade controls'' in each place it appeared in subsec. 
(a).
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          (1) contract personnel to assist in the evaluation of 
        defense trade controls \135\ license applications, 
        reduction in processing time for license applications, 
        and improved monitoring of compliance with the terms of 
        licenses; \136\
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    \136\ Sec. 2203 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-808) amended sec. 45(a), understood here to apply to 
sec. 45, as follows: (1) struck out ``and'' at the end of para. (1); 
(2) replaced a period at the end of para. (2) with ``; and''; and (3) 
added a new para. (3).
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          (2) the automation of defense trade control \135\ 
        functions and the processing of defense trade control 
        \135\ license applications, including the development, 
        procurement, and utilization of computer equipment and 
        related software; and \136\
          (3) \136\ the enhancement of defense trade export 
        compliance and enforcement activities, including 
        compliance audits of United States and foreign parties, 
        the conduct of administrative proceedings, monitoring 
        of end-uses in cases of direct commercial arms sales or 
        other transfers, and cooperation in proceedings for 
        enforcement of criminal laws related to defense trade 
        export controls.

                  fees received for use of blair house

    Sec. 46.\137\ (a) Use of Fees.--Notwithstanding any other 
provision of law,\138\ funds received by the Department of 
State in connection with the use of Blair House (including 
reimbursements and surcharges for services and goods provided 
and fees for use of Blair House facilities) may be credited to 
the appropriate appropriation account of the Department of 
State which is currently available. Such funds shall be 
available only for maintenance and other expenses of Blair 
House.
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    \137\ 22 U.S.C. 2718. Sec. 119 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 26), redesignated sec. 46 as 47 and added a new sec. 46.
    \138\ Sec. 123 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 659), struck out 
``for the fiscal years 1990 and 1991,''.
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    (b) Compliance With the Budget Act.--The authority of this 
section may be exercised only to such extent or in such amounts 
as are provided in advance in an appropriation Act.

       grants for training and education in international affairs

    Sec. 47.\139\ The Secretary of State may make grants to 
postsecondary educations institutions or students for the 
purpose of increasing the level of knowledge and awareness of 
and interest in employment with the Foreign Service, consistent 
with section 105 of the Foreign service Act of 1980. To the 
extent possible, the Secretary shall give special emphasis to 
promoting such knowledge and awareness of, and interest in 
employment with, the Foreign Service among minority students. 
Any grants awarded shall be made pursuant to regulations to be 
established by the Secretary of State, which shall provide for 
a limit on the size of any specific grant and, regarding any 
grant to individuals, shall ensure that no grant recipient 
receives an amount of grants from one or more Federal programs 
which in the aggregate would exceed the cost of his or her 
education, and shall require satisfactory educational progress 
by grantees as a condition of eligibility for continued receipt 
of grant funds.
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    \139\ 22 U.S.C. 2719. Sec. 150 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 42), redesignated sec. 47 as sec. 48 and added a new sec. 47.
    Sec. 48 had read: ``This Act may be cited as the State Department 
Basic Authorities Act of 1956.''. Sec. 111 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 654), struck out sec. 48 and restated text in the enacting 
clause.
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            closing of consular and diplomatic posts abroad

    Sec. 48.\140\ (a) Prohibited Uses of Funds.--Except as 
provided under subsection (d) or in accordance with the 
procedures under subsections (b) and (c) of this section--
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    \140\ 22 U.S.C. 2651 note. A short title was originally added as 
sec. 33 by sec. 2201 of the Foreign Service Act of 1980 (Public Law 96-
465; 94 Stat. 2157). Subsequently, sec. 117 of Public Law 97-241 (96 
Stat. 279), sec. 124 of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1025) and sec. 
102 of Public Law 98-533 (98 Stat. 2708) redesignated it as secs. 34, 
36, and 37, respectively. Sec. 125(a) of Public Law 99-93 (99 Stat. 
415) redesignated this section as sec. 38, and sec. 128 of the same law 
again redesignated it as sec. 39. Sec. 504(1) of Public Law 99-399 
redesignated it as sec. 41 and sec. 126 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1341) redesignated it as sec. 42. Sec. 4603 of the International 
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4287) 
redesignated it as sec. 43 and inserted a new sec. 42. Sec. 115(c) of 
the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(Public Law 101-246; 104 Stat. 22), redesignated it as sec. 44 and 
added a new sec. 43. Sec. 117 of that Act further redesignated sec. 44 
as sec. 45, and added a new sec. 44. Sec. 118 of that Act further 
redesignated sec. 45 as sec. 46, and added a new sec. 45. Sec. 119 of 
that Act further redesignated sec. 46 as sec. 47, and added a new sec. 
46. Sec. 150 of that Act further redesignated sec. 47 as sec. 48, and 
added a new sec. 47.
    Sec. 111 of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993 (Public Law 102-138; 105 Stat. 654), finally struck out 
sec. 48, and made the short title part of the enacting clause.
    The current sec. 48, relating to consular and diplomatic posts 
abroad, was added by sec. 112 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 654).
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          (1) no funds authorized to be appropriated to the 
        Department of State shall be available to pay any 
        expense related to the closing of any United States 
        consular or diplomatic post abroad; and
          (2) no funds authorized to be appropriated to the 
        Department of State may be used to pay for any expense 
        related to the Bureau of Administration of the 
        Department of State (or to carrying out any of its 
        functions) if any United States consular or diplomatic 
        post is closed.
  (b) Post Closing Notification.--Not less than 45 days before 
the closing of any United States consular or diplomatic post 
abroad, the Secretary of State shall notify the Committee on 
Foreign Affairs \141\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate.
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    \141\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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  (c) Reprogramming Treatment.--Amounts made available to pay 
any expense related to the closing of a consular or diplomatic 
post abroad shall be treated as a reprogramming of funds under 
section 34 of this Act and shall not be available for 
obligation or expenditure except in compliance with the 
procedures applicable to such reprogramming.
  (d) Exceptions.--The provisions of this section do not apply 
with respect to--
          (1) any post closed because of a break or downgrading 
        of diplomatic relations between the United States and 
        the country in which the post is located; or
          (2) any post closed because there is a real and 
        present threat to United States diplomatic or consular 
        personnel in the city where the post is located, and a 
        travel advisory warning against travel by United States 
        citizens to that city has been issued by the Department 
        of State.
  (e) Definition.--As used in this section, the term ``consular 
or diplomatic post'' does not include a post to which only 
personnel of agencies other than the Department of State are 
assigned.

              impermissible basis for denial of passports

  Sec. 49.\142\ A passport may not be denied issuance, revoked, 
restricted, or otherwise limited because of any speech, 
activity, belief, affiliation, or membership, within or outside 
the United States, which, if held or conducted within the 
United States, would be protected by the first amendment to the 
Constitution of the United States.
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    \142\ 22 U.S.C. 2721. Sec. 113 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 655), added sec. 49.
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                         international meetings

  Sec. 50.\143\ (a) Authority To Pay Expenses.--If the United 
States Government hosts an international meeting or conference 
in the United States, the Secretary of State is authorized to 
pay all reasonable expenses of such meeting or conference. Such 
expenses may include rental of quarters (by contract or 
otherwise) and personal services.
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    \143\ 22 U.S.C. 2722. Sec. 119 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 658), added sec. 50.
    Functions vested in the Secretary of State in this section were 
further delegated to the Under Secretary for Management by Delegation 
of Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 
2298; January 21, 1992).
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  (b) Retention of Reimbursements.--To the extent provided in 
an appropriation Act, transfers of funds or other 
reimbursements for payments under subsection (a) are authorized 
to be retained and credited to the appropriate appropriation 
account of the Department of State which is available.

                         denial of visas \144\

  Sec. 51.\144\ (a) Report to Congress.--The Secretary shall 
report, on a timely basis, to the appropriate committees of the 
Congress each time a consular post denies a visa on the grounds 
of terrorist activities or foreign policy. Such report shall 
set forth the name and nationality of each such person and a 
factual statement of the basis for such denial.
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    \144\ 22 U.S.C. 2723. Sec. 127(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 660), added sec. 51. See also sec. 128 of that Act, relating to 
visa lookout systems.
    Functions vested in the Secretary of State in this section were 
further delegated to the Under Secretary for Political Affairs, in 
consultation with the Under Secretary for Management, by Delegation of 
Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; 
January 21, 1992).
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  (b) Limitation.--Information contained in such report may be 
classified to the extent necessary and shall protect 
intelligence sources and methods.
  (c) Appropriate Committees.--For the purposes of this section 
the term ``appropriate committees of the Congress'' means the 
Committee on the Judiciary and the Committee on Foreign Affairs 
\145\ of the House of Representatives and the Committee on the 
Judiciary and the Committee on Foreign Relations of the Senate.
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    \145\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 52.\146\ FEES FOR COMMERCIAL SERVICES.

    (a) Authority To Charge Fee.--(1) Subject to paragraph (2), 
the Secretary of State is authorized to charge a fee to cover 
the actual or estimated cost of providing any person, firm or 
organization (other than agencies of the United States 
Government) with commercial services at posts abroad on matters 
within the authority of the Department of State.
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    \146\ 22 U.S.C. 2724. Sec. 136 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 396), added sec. 52. The Secretary of State delegated functions 
authorized under this section to the Under Secretary for Management 
(Department of State Public Notice 2086; sec. 4 of Delegation of 
Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority 
No. 198, September 16, 1992).
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    (2) The authority of this section may be exercised only in 
countries where the Department of Commerce does not perform 
commercial services for which it collects fees.
    (b) Use of Fees.--Funds collected under the authority of 
subsection (a) shall be deposited as an offsetting collection 
to any Department of State appropriation to recover the costs 
of providing commercial services. Funds deposited under this 
subsection shall remain available for obligation through 
September 30 of the fiscal year following the fiscal year in 
which the funds were deposited.\147\
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    \147\ Sec. 2204 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-808), added this sentence.
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SEC. 53.\148\ FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS TRAINING 
                    CENTER.
    The Secretary is authorized to charge a fee for use of the 
National Foreign Affairs Training Center of the Department of 
State. Amounts collected under this section (including 
reimbursements and surcharges) shall be deposited as an 
offsetting collection to any Department of State appropriation 
to recover the costs of such use and shall remain available for 
obligation until expended.
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    \148\ 22 U.S.C. 2725. Sec. 2205(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-809), added sec. 53. 
Sec. 2205(c) of that Act provided the following:
    ``(c) Reporting on Pilot Program.--Two years after the date of 
enactment of this Act, the Secretary of State shall submit a report to 
the appropriate congressional committees containing--
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          ``(1) the number of persons who have taken advantage of the 
        pilot program established under subsections (e) and (f) of 
        section 701 of the Foreign Service Act of 1980 and section 53 
        of the State Department Basic Authorities Act of 1956, as added 
        by this section;
          ``(2) the business or government affiliation of such persons;
          ``(3) the amount of fees collected; and
          ``(4) the impact of the program on the primary mission of the 
        National Foreign Affairs Training Center.''.

SEC. 54.\149\ FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

    The Secretary is authorized to charge a fee for use of the 
diplomatic reception rooms of the Department of State. Amounts 
collected under this section (including reimbursements and 
surcharges) shall be deposited as an offsetting collection to 
any Department of State appropriation to recover the costs of 
such use and shall remain available for obligation until 
expended.
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    \149\ 22 U.S.C. 2726. Sec. 2206 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-810), added sec. 54.
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SEC. 55.\150\ ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION 
                    DOCUMENTS.

    The Secretary shall include in the annual Congressional 
Presentation Document and the Budget in Brief a detailed 
accounting of the total collections received by the Department 
of State from all sources, including fee collections. Reporting 
on total collections shall also cover collections from the 
preceding fiscal year and the projected expenditures from all 
collections accounts.
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    \150\ 22 U.S.C. 2727. Sec. 2207 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-810), added sec. 55.
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SEC. 56.\151\ CRIMES COMMITTED BY DIPLOMATS.

    (a) Annual Report Concerning Diplomatic Immunity.--
          (1) Report to congress.--180 days after the date of 
        enactment, and annually thereafter, the Secretary of 
        State shall prepare and submit to the Congress, a 
        report concerning diplomatic immunity entitled ``Report 
        on Cases Involving Diplomatic Immunity''.
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    \151\ 22 U.S.C. 2728. Sec. 2217 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-815), added sec. 56.
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          (2) Content of report.--In addition to such other 
        information as the Secretary of State may consider 
        appropriate, the report under paragraph (1) shall 
        include the following:
                  (A) The number of persons residing in the 
                United States who enjoy full immunity from the 
                criminal jurisdiction of the United States 
                under laws extending diplomatic privileges and 
                immunities.
                  (B) Each case involving an alien described in 
                subparagraph (A) in which an appropriate 
                authority of a State, a political subdivision 
                of a State, or the United States reported to 
                the Department of State that the authority had 
                reasonable cause to believe the alien committed 
                a serious criminal offense within the United 
                States, and any additional information provided 
                to the Secretary relating to other serious 
                criminal offenses that any such authority had 
                reasonable cause to believe the alien committed 
                before the period covered by the report. The 
                Secretary may omit from such report any matter 
                the provision of which the Secretary reasonably 
                believes would compromise a criminal 
                investigation or prosecution or which would 
                directly compromise law enforcement or 
                intelligence sources or methods.
                  (C) Each case described in subparagraph (B) 
                in which the Secretary of State has certified 
                that a person enjoys full immunity from the 
                criminal jurisdiction of the United States 
                under laws extending diplomatic privileges and 
                immunities.
                  (D) The number of United States citizens who 
                are residing in a receiving state and who enjoy 
                full immunity from the criminal jurisdiction of 
                such state under laws extending diplomatic 
                privileges and immunities.
                  (E) Each case involving a United States 
                citizen under subparagraph (D) in which the 
                United States has been requested by the 
                government of a receiving state to waive the 
                immunity from criminal jurisdiction of the 
                United States citizen.
                  (F) Whether the Secretary has made the 
                notifications referred to in subsection (c) 
                during the period covered by the report.
          (3) Serious criminal offense defined.--For the 
        purposes of this section, the term ``serious criminal 
        offense'' means--
                  (A) any felony under Federal, State, or local 
                law;
                  (B) any Federal, State, or local offense 
                punishable by a term of imprisonment of more 
                than 1 year;
                  (C) any crime of violence as defined for 
                purposes of section 16 of title 18, United 
                States Code; or
                  (D)(i) driving under the influence of alcohol 
                or drugs;
                  (ii) reckless driving; or
                  (iii) driving while intoxicated.
    (b) United States Policy Concerning Reform of Diplomatic 
Immunity.--It is the sense of the Congress that the Secretary 
of State should explore, in appropriate fora, whether states 
should enter into agreements and adopt legislation--
          (1) to provide jurisdiction in the sending state to 
        prosecute crimes committed in the receiving state by 
        persons entitled to immunity from criminal jurisdiction 
        under laws extending diplomatic privileges and 
        immunities; and
          (2) to provide that where there is probable cause to 
        believe that an individual who is entitled to immunity 
        from the criminal jurisdiction of the receiving state 
        under laws extending diplomatic privileges and 
        immunities committed a serious crime, the sending state 
        will waive such immunity or the sending state will 
        prosecute such individual.
    (c) Notification of Diplomatic Corps.--The Secretary should 
periodically notify each foreign mission of United States 
policies relating to criminal offenses committed by individuals 
with immunity from the criminal jurisdiction of the United 
States under laws extending diplomatic privileges and 
immunities.

 TITLE II--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS 
                                 \151\

                   declaration of findings and policy

    Sec. 201.\152\ (a) The Congress finds that the operation in 
the United States of foreign missions and public international 
organizations and the official missions to such organizations, 
including the permissible scope of their activities and the 
location and size of their facilities, is a proper subject for 
the exercise of Federal jurisdiction.
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    \151\ Popularly referred to as the ``Foreign Missions Act''. Title 
II was added by sec. 202(b) of Public Law 97-241 (96 Stat. 283), 
effective October 1, 1982.
    The Secretary of State delegated functions authorized under this 
title--except those under secs. 203(4), 204(b)(5), 204(f), 209, 209A, 
and 214--to the Director of the Office of Foreign Missions (Department 
of State Public Notice 2086; sec. 14 of Delegation of Authority No. 
214; 59 F.R. 50790).
    \152\ 22 U.S.C. 4301. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 201, effective October 1, 1982.
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    (b) The Congress declares that it is the policy of the 
United States to support the secure and efficient operation of 
United States missions abroad, to facilitate the secure and 
efficient operation in the United States of foreign missions 
and public international organizations and the official 
missions to such organizations, and to assist in obtaining 
appropriate benefits, privileges, and immunities for those 
missions and organizations and to require their observance of 
corresponding obligations in accordance with international law.
    (c) The treatment to be accorded to a foreign mission in 
the United States shall be determined by the Secretary after 
due consideration of the benefits, privileges, and immunities 
provided to missions of the United States in the country or 
territory represented by that foreign mission as well as 
matters relating to the protection of the interests of the 
United States.\153\
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    \153\ Sec. 127(a) of Public Law 99-93 (99 Stat. 418) added the 
words ``as well as matters relating to the protection of the interests 
of the United States''.
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                              definitions

    Sec. 202.\154\ (a) \155\ For purposes of this title--
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    \154\ 22 U.S.C. 4302.
    \155\ Sec. 162(o)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out para. (3) under this subsec., which had defined ``Director'' to 
mean ``the Director of the Office of Foreign Missions established 
pursuant to section 203(a)''; and redesignated paras. (4) through (8) 
as paras. (3) through (7).
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          (1) ``benefit'' (with respect to a foreign mission) 
        means any acquisition, or authorization for an 
        acquisition, in the United States by or for a foreign 
        mission, including the acquisition of--
                  (A) real property by purchase, lease, 
                exchange, construction, or otherwise,
                  (B) public services, including services 
                relating to customs, importation, and 
                utilities, and the processing of applications 
                or requests relating to public services,
                  (C) supplies, maintenance, and 
                transportation,
                  (D) locally engaged staff on a temporary or 
                regular basis,
                  (E) travel and related services,
                  (F) protective services, and
                  (G) \156\ financial and currency exchange 
                services,
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    \156\ Subparagraph (G) was added by sec. 153(e) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1353).
---------------------------------------------------------------------------
        and includes such other benefits as the Secretary may 
        designate;
          (2) ``chancery'' means the principal offices of a 
        foreign mission used for diplomatic or related 
        purposes, and annexes to such offices (including 
        ancillary offices and support facilities), and includes 
        the site and any building on such site which is used 
        for such purposes;
          (3) \157\ ``foreign mission'' means any mission to or 
        agency or entity in the United States which is involved 
        in the diplomatic, consular, or other activities of, or 
        which is substantially owned or effectively controlled 
        by--
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    \157\ This paragraph was substantively amended and restated by sec. 
701 of Public Law 99-569 (100 Stat. 3190); and was previously amended 
by sec. 127(b) of Public Law 99-93 (99 Stat. 418).
    In Public Notice 2035 of June 21, 1994 (59 F.R. 37121), the 
Department of State determined that the Palestine Liberation 
Organization representation in the United States is a ``foreign 
mission'' within the meaning of section 202(a)(3), and that the 
provisions of section 205 of this Act apply to the acquisition or 
disposition of real property by or on behalf of the PLO Office.
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                  (A) a foreign government, or
                  (B) an organization (other than an 
                international organization, as defined in 
                section 209(b) of this title) representing a 
                territory or political entity which has been 
                granted diplomatic or other official privileges 
                and immunities under the laws of the United 
                States or which engages in some aspect of the 
                conduct of the international affairs of such 
                territory or political entity,
including any real property of such a mission and including the 
personnel of such a mission;
          (4) ``real property'' includes any right, title, or 
        interest in or to, or the beneficial use of, any real 
        property in the United States, including any office or 
        other building;
          (5) ``Secretary'' means the Secretary of State;
          (6) ``sending State'' means the foreign government, 
        territory, or political entity represented by a foreign 
        mission; and
          (7) ``United States'' means, when used in a 
        geographic sense, the several States, the District of 
        Columbia, the Commonwealth of Puerto Rico, and the 
        territories and possessions of the United States.
    (b) Determinations with respect to the meaning and 
applicability of the terms used in subsection (a) shall be 
committed to the discretion of the Secretary.

                 authorities of the secretary of state

    Sec. 203.\158\ The Secretary shall carry out the following 
functions:
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    \158\ 22 U.S.C. 4303. Sec. 203, originally providing for the 
establishment of the Office of Foreign Missions, was amended and 
restated by sec. 162(o)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409).
    Sec. 202(b) of Public Law 97-241 (96 Stat. 283) added the original 
sec. 203, effective October 1, 1982.
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          (1) Assist agencies of Federal, State, and municipal 
        government with regard to ascertaining and according 
        benefits, privileges, and immunities to which a foreign 
        mission may be entitled.
          (2) Provide or assist in the provision of benefits 
        for or on behalf of a foreign mission in accordance 
        with section 204.
          (3) As determined by the Secretary, dispose of 
        property acquired in carrying out the purposes of this 
        Act.
          (4) As determined by the Secretary, designate an 
        office within the Department of State to carry out the 
        purposes of this Act. If such an office is established, 
        the President may appoint, by and with the advice and 
        consent of the Senate, a Director, with the rank of 
        ambassador. Of the Director and the next most senior 
        person in the office, one should be an individual who 
        has served in the Foreign Service and the other should 
        be an individual who has served in the United States 
        intelligence community.
          (5) Perform such other functions as the Secretary may 
        determine necessary in furtherance of the policy of 
        this title.

                         provision of benefits

    Sec. 204.\159\ (a) Upon the request of a foreign mission, 
benefits may be provided to or for that foreign mission by or 
through the Secretary \160\ on such terms and conditions as the 
Secretary may approve.
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    \159\ 22 U.S.C. 4304. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 204, effective October 1, 1982.
    \160\ Sec. 162(o)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``Director'' throughout subsecs. (a)-(c) of sec. 204, and inserted 
in lieu thereof ``Secretary''.
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    (b) If the Secretary determines that such action is 
reasonably necessary on the basis of reciprocity or otherwise--
          (1) to facilitate relations between the United States 
        and a sending State,
          (2) to protect the interests of the United States,
          (3) to adjust for costs and procedures of obtaining 
        benefits for missions of the United States abroad,\161\
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    \161\ Sec. 116(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 24), struck 
out ``or'' at the end of par. (3); inserted ``or'' at the end of par. 
(4); and added a new par. (5).
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          (4) to assist in resolving a dispute affecting United 
        States interests and involving a foreign mission or 
        sending State, or \161\
          (5) \161\ subject to subsection (f), to implement an 
        exchange of property between the Government of the 
        United States and the government of a foreign country, 
        such property to be used by each government in the 
        respective receiving state for, or in connection with, 
        diplomatic or consular establishments,
then the Secretary may require a foreign mission (A) to obtain 
benefits from or through the Secretary \160\ on such terms and 
conditions as the Secretary may approve, or (B) to forego the 
acceptance, use, or relations of any benefit or \162\ to comply 
with such terms and conditions as the Secretary may determine 
as a condition to the execution or performance in the United 
States of any contract or other agreement, the acquisition, 
retention, or use of any real property, or the application for 
or acceptance of any benefit (including any benefit from or 
authorized by any Federal, State, or municipal governmental 
authority, or any entity providing public services).
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    \162\ Sec. 127(c) of Public Law 99-93 (99 Stat. 418) inserted ``to 
forego the acceptance, use, or relations of any benefit or'' after 
``(B)''.
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    (c) Terms and conditions established by the Secretary under 
this section may include--
          (1) a requirement to pay to the Secretary \160\ a 
        surcharge or fee, and
          (2) a waiver by a foreign mission or any assignee of 
        or person deriving rights from a foreign mission of any 
        recourse against any governmental authority, any entity 
        providing public services, any employee or agent of 
        such an authority or entity, or any other person, in 
        connection with any action determined by the Secretary 
        to be undertaken in furtherance of this title.
    (d) For purposes of effectuating a waiver of recourse which 
is required under this section, the Secretary may designate any 
\163\ officer of the Department of State as the agent of a 
foreign mission (or of any assignee of or person deriving 
rights from a foreign mission). Any such waiver by an officer 
so designated shall for all purposes (including any court or 
administrative proceeding) be deemed to be a waiver by the 
foreign mission (or the assignee of or other person deriving 
rights from a foreign mission).
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    \163\ Sec. 162(o)(3)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), as 
amended, struck out ``the Director or any other'' and inserted in lieu 
thereof ``any''.
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    (e) Nothing in this title \164\ shall be deemed to preclude 
or limit in any way the authority of the United States Secret 
Service to provide protective services pursuant to section 202 
of title 3, United States Code, or section 3056 of title 18, 
United States Code, at a level commensurate with protective 
requirements as determined by the United States Secret Service.
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    \164\ Sec. 126(b) of Public Law 99-93 (99 Stat. 418) inserted 
``title'' in lieu of ``section'', effective October 1, 1985.
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    (f) \165\ Upon a determination in each specific case by the 
Secretary of State or the Secretary's designee that the purpose 
of the Foreign Service Buildings Act, 1926, can best be met on 
the basis of an in-kind exchange of properties with a foreign 
country pursuant to subsection (b)(5), the Secretary of State 
may transfer funds made available under the heading 
``Acquisition and Maintenance of Buildings Abroad'' (including 
funds held in the Foreign Service Buildings Fund) for such 
purpose to the Working Capital Fund, as provided in section 
208(h)(1). Except for funds that may be provided by a foreign 
government for the purchase of property, only funds transferred 
under the preceding sentence may be used for the purposes of 
subsection (b)(5).
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    \165\ Sec. 116(b)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 24), added 
subsec. (f).
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    (2) The Secretary of State may acquire property in the 
United States for the purposes of subsection (b)(5) only in the 
context of a specific reciprocal agreement with a specified 
foreign government. Property acquired by the United States in 
the foreign country through such an exchange shall benefit the 
United States at least to the same extent as the property 
acquired in the United States benefits the foreign government.
    (3) The Secretary of State shall prescribe regulations for 
the implementation of any in-kind exchange of properties 
pursuant to subsection (b)(5).
    (4) At least 15 days before entering into any reciprocal 
agreement for the exchange of property with another foreign 
government, the Secretary of State shall notify the Committee 
on Foreign Affairs and the Committee on Public Works and 
Transportation of the House of Representatives \166\ and the 
Committee on Foreign Relations of the Senate.
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    \166\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(a)(9) 
of that Act provided that references to the Committee on Public Works 
and Transportation shall be treated as referring to the Committee on 
Transportation and Infrastructure.
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    (5)(A) Proceeds from the disposition of properties acquired 
pursuant to this subsection shall be credited to the Foreign 
Service Buildings Fund (referred to in section 9 of the Foreign 
Service Buildings Act, 1926).
          (B) The authority to spend proceeds received under 
        subparagraph (A) may be exercised only to such extent 
        or in such amounts as are provided in advance in an 
        appropriation Act.

    enforcement of compliance with liability insurance requirements

    Sec. 204A.\167\ (a)(1) The head of a foreign mission shall 
notify promptly the Secretary \168\ of the lapse or termination 
of any liability insurance coverage held by a member of the 
mission, by a member of the family of such member, or by an 
individual described in section 19 of the Convention on 
Privileges and Immunities of the United Nations of February 13, 
1946.
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    \167\ 22 U.S.C. 4304a. Sec. 603 of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1043) added sec. 204A. See also sec. 6 of the Diplomatic 
Relations Act for additional text concerning requirements for liability 
insurance.
    \168\ Sec. 162(o)(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``Director'' at each place it appeared in sec. 204A, and inserted 
in lieu thereof ``Secretary''.
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    (2) Not later than February 1 of each year, the head of 
each foreign mission shall prepare and transmit to the 
Secretary \168\ a report including a list of motor vehicles, 
vessels, and aircraft registered in the United States by 
members of the mission, members of the families of such 
members, individuals described in section 19 of the Convention 
on Privileges and Immunities of the United Nations of February 
13, 1946, and by the mission itself. Such list shall set forth 
for each such motor vehicle, vessel, or aircraft--
          (A) the jurisdiction in which it is registered;
          (B) the name of insured;
          (C) the name of the insurance company;
          (D) the insurance policy number and the extent of 
        insurance coverage; and
          (E) such other information as the Secretary \168\ may 
        prescribe.
    (b) Whenever the Secretary \168\ finds that a member of a 
foreign mission, a member of the family of such member, or an 
individual described in section 19 of the Convention on 
Privileges and Immunities of the United Nations of February 13, 
1946--
          (1) is at fault for personal injury, death, or 
        property damage arising out of the operation of a motor 
        vehicle, vessel, or aircraft in the United States,
          (2) is not covered by liability insurance, and
          (3) has not satisfied a court-rendered judgment 
        against him or is not legally liable,
the Secretary \168\ shall impose a surcharge or fee on the 
foreign mission of which such member or individual is a part, 
amounting to the unsatisfied portion of the judgment rendered 
against such member or individual or, if there is no court-
rendered judgment an estimated amount of damages incurred by 
the victim. The payment of any such surcharge or fee shall be 
available only for compensation of the victim or his estate.
    (c) For purposes of this section--
          (1) the term ``head of a foreign mission'' has the 
        same meaning as is ascribed to the term ``head of a 
        mission'' in Article 1 of the Vienna Convention on 
        Diplomatic Relations of April 18, 1961 (T.I.A.S. 
        numbered 7502; 23 U.S.T. 3227); and
          (2) the terms ``members of a mission'' and ``family'' 
        have the same meanings as is ascribed to them by 
        paragraphs (1) and (2) of section 2 of the Diplomatic 
        Relations Act (22 U.S.C. 254a).

SEC. 204B.\169\ CRIMES COMMITTED BY DIPLOMATS.

    (a) Annual Report Concerning Diplomatic Immunity.--
          (1) Report to congress.--The Secretary of State shall 
        prepare and submit to the Congress, annually, a report 
        concerning diplomatic immunity entitled ``Report on 
        Cases Involving Diplomatic Immunity''.
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    \169\ 22 U.S.C. 4304b. Sec. 1 of Public Law 105-375 (112 Stat. 
3385) added sec. 204B.
---------------------------------------------------------------------------
          (2) Content of report.--In addition to such other 
        information as the Secretary of State may consider 
        appropriate, the report under paragraph (1) shall 
        include the following:
                  (A) The number of persons residing in the 
                United States who enjoy full immunity from the 
                criminal jurisdiction of the United States 
                under laws extending diplomatic privileges and 
                immunities.
                  (B) Each case involving an alien described in 
                subparagraph (A) in which an appropriate 
                authority of a State, a political subdivision 
                of a State, or the United States reported to 
                the Department of State that the authority had 
                reasonable cause to believe the alien committed 
                a serious criminal offense within the United 
                States, and any additional information provided 
                to the Secretary relating to other serious 
                criminal offenses that any such authority had 
                reasonable cause to believe the alien committed 
                before the period covered by the report. The 
                Secretary may omit from such report any matter 
                the provision of which the Secretary reasonably 
                believes would compromise a criminal 
                investigation or prosecution or which would 
                directly compromise law enforcement or 
                intelligence sources or methods.
                  (C) Each case described in subparagraph (B) 
                in which the Secretary of State has certified 
                that a person enjoys full immunity from the 
                criminal jurisdiction of the United States 
                under laws extending diplomatic privileges and 
                immunities.
                  (D) The number of United States citizens who 
                are residing in a receiving state and who enjoy 
                full immunity from the criminal jurisdiction of 
                such state under laws extending diplomatic 
                privileges and immunities.
                  (E) Each case involving a United States 
                citizen under subparagraph (D) in which the 
                United States has been requested by the 
                government of a receiving state to waive the 
                immunity from criminal jurisdiction of the 
                United States citizen.
                  (F) Whether the Secretary has made the 
                notifications referred to in subsection (c) 
                during the period covered by the report.
          (3) Serious criminal offense defined.--For the 
        purposes of this section, the term ``serious criminal 
        offense'' means--
                  (A) any felony under Federal, State, or local 
                law;
                  (B) any Federal, State, or local offense 
                punishable by a term of imprisonment of more 
                than 1 year;
                  (C) any crime of violence as defined for 
                purposes of section 16 of title 18, United 
                States Code; or
                  (D)(i) driving under the influence of alcohol 
                or drugs;
                  (ii) reckless driving; or
                  (iii) driving while intoxicated.
    (b) United States Policy Concerning Reform of Diplomatic 
Immunity.--It is the sense of the Congress that the Secretary 
of State should explore, in appropriate fora, whether states 
should enter into agreements and adopt legislation--
          (1) to provide jurisdiction in the sending state to 
        prosecute crimes committed in the receiving state by 
        persons entitled to immunity from criminal jurisdiction 
        under laws extending diplomatic privileges and 
        immunities; and
          (2) to provide that where there is probable cause to 
        believe that an individual who is entitled to immunity 
        from the criminal jurisdiction of the receiving state 
        under laws extending diplomatic privileges and 
        immunities committed a serious crime, the sending state 
        will waive such immunity or the sending state will 
        prosecute such individual.
    (c) Notification of Diplomatic Corps.--The Secretary should 
periodically notify each foreign mission of United States 
policies relating to criminal offenses committed by individuals 
with immunity from the criminal jurisdiction of the United 
States under laws extending diplomatic privileges and 
immunities.

                      property of foreign missions

    Sec. 205.\170\ (a)(1) The Secretary shall require any 
foreign mission, including any mission to an international 
organization (as defined in section 209(b)(2)), to notify the 
Secretary \171\ prior to any proposed acquisition, or any 
proposed sale or other disposition, of any real property by or 
on behalf of such mission. The foreign mission (or other party 
acting on behalf of the foreign mission) may initiate or 
execute any contract, proceeding, application, or other action 
required for the proposed action--
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    \170\ 22 U.S.C. 4305. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 205, effective October 1, 1982. Subsequently, Sec. 
127(e) of Public Law 99-93 (99 Stat. 418) amended sec. 205(a)(1) by: 
(1) in the first sentence, by striking out ``may'' and inserting in 
lieu thereof ``shall''; (2) in the first sentence, by inserting ``, 
including any mission to an international organization (as defined in 
section 209(b)(2)),'' after ``foreign mission''; and (3) in the second 
sentence, by striking out ``If such a notification is required, the'' 
and inserting in lieu thereof ``The''.
    \171\ Sec. 162(o)(5)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``Director'' and inserted in lieu thereof ``Secretary''.
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          (A) only after the expiration of the 60-day period 
        beginning on the date of such notification (or after 
        the expiration of such shorter period as the Secretary 
        may specify in a given case); and
          (B) only if the mission is not notified by the 
        Secretary within that period that the proposal has been 
        disapproved; however, the Secretary may include in such 
        a notification such terms and conditions as the 
        Secretary may determine appropriate in order to remove 
        the disapproval.
    (2) For purposes of this section, ``acquisition'' includes 
any acquisition or alteration of, or addition to, any real 
property or any change in the purpose for which real property 
is used by a foreign mission.
    (b) The Secretary may require any foreign mission to divest 
itself of, or forgo the use of, any real property determined by 
the Secretary--
          (1) not to have been acquired in accordance with this 
        section;
          (2) to exceed limitations placed on real property 
        available to a United States mission in the sending 
        State; or
          (3) \172\ where otherwise necessary to protect the 
        interests of the United States.
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    \172\ Sec. 127(d)(3) of Public Law 99-93 (99 Stat. 418) added 
paragraph (3).
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    (c) If a foreign mission has ceased conducting diplomatic, 
consular, and other governmental activities in the United 
States and has not designated a protecting power or other agent 
approved by the Secretary to be responsible for the property of 
that foreign mission, the Secretary--
          (1) until the designation of a protecting power or 
        other agent approved by the Secretary, may protect and 
        preserve any property of that foreign mission; and
          (2) may \173\ dispose of such property at such time 
        as the Secretary may determine after the expiration of 
        the one-year period beginning on the date that the 
        foreign mission ceased those activities, and may remit 
        to the sending State the net proceeds from such 
        disposition.
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    \173\ Sec. 162(o)(5)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``authorize the Director to'' after ``may''.
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  (d) \174\ (1) After the date of enactment of this subsection, 
real property in the United States may not be acquired (by 
sale, lease, or other means) by or on behalf of the foreign 
mission of a foreign country described in paragraph (4) if, in 
the judgment of the Secretary of Defense (after consultation 
with the Secretary of State), the acquisition of that property 
might substantially improve the capability of that country to 
intercept communications involving United States Government 
diplomatic, military, or intelligence matters.
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    \174\ Subsec. (d) was added by sec. 161 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1356).
---------------------------------------------------------------------------
  (2) After the date of enactment of this subsection, real 
property in the United States may not be acquired (by sale, 
lease, or other means) by or on behalf of the foreign mission 
of a foreign country described in paragraph (4) if, in the 
judgment of the Director of the Federal Bureau of Investigation 
(after consultation with the Secretary of State), the 
acquisition of that property might substantially improve the 
capability of that country to engage in intelligence activities 
directed against the United States Government, other than the 
intelligence activities described in paragraph (1).
  (3) The Secretary of State shall inform the Secretary of 
Defense and the Director of the Federal Bureau of Investigation 
immediately upon notice being given pursuant to subsection (a) 
of this section of a proposed acquisition of real property by 
or on behalf of the foreign mission of a foreign country 
described in paragraph (4).
  (4) For the purposes of this subsection, the term `foreign 
country' means--
          (A) any country listed as a Communist country in 
        section 620(f) of the Foreign Assistance Act of 1961;
          (B) any country determined by the Secretary of State, 
        for purposes of section 6(j) of the Export 
        Administration Act of 1979, to be a country which has 
        repeatedly provided support for acts of international 
        terrorism; and
          (C) any other country which engages in intelligence 
        activities in the United States which are adverse to 
        the national security interests of the United States.
  (5) As used in this section, the term `substantially improve' 
shall not be construed to prevent the establishment of a 
foreign mission by a country which, on the date of enactment of 
this section--
          (A) does not have a mission in the United States, or
          (B) with respect to a city in the United States, did 
        not maintain a mission in that city.

        location of foreign missions in the district of columbia

    Sec. 206.\175\ (a) The location, replacement, or expansion 
of chanceries in the District of Columbia shall be subject to 
this section.
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    \175\ 22 U.S.C. 4306. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 206, effective October 1, 1982.
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    (b)(1) A chancery shall be permitted to locate as a matter 
of right in any area which is zoned commercial, industrial, 
waterfront, or mixed-use (CR).
    (2) A chancery shall also be permitted to locate--
          (A) in any area which is zoned medium-high or high 
        density residential, and
          (B) in any other area, determined on the basis of 
        existing uses, which includes office or institutional 
        uses, including but not limited to any area zoned 
        mixed-use diplomatic or special purpose,
subject to disapproval by the District of Columbia Board of 
Zoning Adjustment in accordance with this section.
    (3) In each of the areas described in paragraphs (1) and 
(2), the limitations and conditions applicable to chanceries 
shall not exceed those applicable to other office or 
institutional uses in that area.
    (c)(1) If a foreign mission wishes to locate a chancery in 
an area described in subsection (b)(2), or wishes to appeal an 
administrative decision relating to a chancery based in whole 
or in part upon any zoning map or regulation, it shall file an 
application with the Board of Zoning Adjustment which shall 
publish notice of that application in the District of Columbia 
Register.
    (2) Regulations issued to carry out this section shall 
provide appropriate opportunities for participation by the 
public in proceedings concerning the location, replacement, or 
expansion of chanceries.
    (3) A final determination concerning the location, 
replacement, or expansion of a chancery shall be made not later 
than six months after the date of the filing of an application 
with respect to such location, replacement, or expansion. Such 
determination shall not be subject to the administrative 
proceedings of any other agency or official except as provided 
in this title.
    (d) Any determination concerning the location of a chancery 
under subsection (b)(2), or concerning an appeal of an 
administrative decision with respect to a chancery based in 
whole or in part upon any zoning regulation or map, shall be 
based solely on the following criteria:
          (1) The international obligation of the United States 
        to facilitate the provision of adequate and secure 
        facilities for foreign missions in the Nation's 
        Capital.
          (2) Historic preservation, as determined by the Board 
        of Zoning Adjustment in carrying out this section; and 
        in order to ensure compatibility with historic 
        landmarks and districts, substantial compliance with 
        District of Columbia and Federal regulations governing 
        historic preservation shall be required with respect to 
        new construction and to demolition of or alteration to 
        historic landmarks.
          (3) The adequacy of off-street or other parking and 
        the extent to which the area will be served by public 
        transportation to reduce parking requirements, subject 
        to such special security requirements as may be 
        determined by the Secretary, after consultation with 
        Federal agencies authorized to perform protective 
        services.
          (4) The extent to which the area is capable of being 
        adequately protected, as determined by the Secretary, 
        after consultation with Federal agencies authorized to 
        perform protective services.
          (5) The municipal interest, as determined by the 
        Mayor of the District of Columbia.
          (6) The Federal interest, as determined by the 
        Secretary.
    (e)(1) Regulations, proceedings, and other actions of the 
National Capital Planning Commission, the Zoning Commission for 
the District of Columbia, and the Board of Zoning Adjustment 
affecting the location, replacement, or expansion of chanceries 
shall be consistent with this section (including the criteria 
set out in subsection (d)) and shall reflect the policy of this 
title.
    (2) Proposed actions of the Zoning Commission concerning 
implementation of this section shall be referred to the 
National Capital Planning Commission for review and comment.
    (f) Regulations issued to carry out this section shall 
provide for proceedings of a rule-making and not of an 
adjudicatory nature.
    (g) The Secretary shall require foreign missions to comply 
substantially with District of Columbia building and related 
codes in a manner determined by the Secretary to be not 
inconsistent with the international obligations of the United 
States.
    (h) Approval by the Board of Zoning Adjustment or the 
Zoning Commission or, except as provided in section 205, by any 
other agency or official is not required--
          (1) for the location, replacement, or expansion of a 
        chancery to the extent that authority to proceed, or 
        rights or interests, with respect to such location, 
        replacement, or expansion were granted to or otherwise 
        acquired by the foreign mission before the effective 
        date of this section; or
          (2) for continuing use of a chancery by a foreign 
        mission to the extent that the chancery was being used 
        by a foreign mission on the effective date of this 
        section.
    (i)(1) The President may designate the Secretary of 
Defense, the Secretary of the Interior, or the Administrator of 
General Services (or such alternate as such official may from 
time to time designate) to serve as a member of the Zoning 
Commission in lieu of the Director of the National Park Service 
whenever the President determines that the Zoning Commission is 
performing functions concerning the implementation of this 
section.
    (2) Whenever the Board of Zoning Adjustment is performing 
functions regarding an application by a foreign mission with 
respect to the location, expansion, or replacement of a 
chancery--
          (A) the representative from the Zoning Commission 
        shall be the Director of the National Park Service or 
        if another person has been designated under paragraph 
        (1) of this subsection, the person so designated; and
          (B) the representative from the National Capital 
        Planning Commission shall be the Executive Director of 
        that Commission.
    (j) Provisions of law (other than this title) applicable 
with respect to the location, replacement, or expansion of real 
property in the District of Columbia shall apply with respect 
to chanceries only to the extent that they are consistent with 
this section.

                               preemption

    Sec. 207.\176\ Notwithstanding any other law, no act of any 
Federal agency shall be effective to confer or deny any benefit 
with respect to any foreign mission contrary to this title. 
Nothing in section 202, 203, 204, or 205 may be construed to 
preempt any State or municipal law or governmental authority 
regarding zoning, land use, health, safety, or welfare, except 
that a denial by the Secretary involving a benefit for a 
foreign mission within the jurisdiction of a particular State 
or local government shall be controlling.
---------------------------------------------------------------------------
    \176\ 22 U.S.C. 4307. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 207, effective October 1, 1982.
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                           general provisions

    Sec. 208.\177\ (a) The Secretary may issue such regulations 
as the Secretary may determine necessary to carry out the 
policy of this title.
---------------------------------------------------------------------------
    \177\ 22 U.S.C. 4308. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 208, effective October 1, 1982.
---------------------------------------------------------------------------
    (b) Compliance with any regulation, instruction, or 
direction issued by the Secretary under this title shall to the 
extent thereof be a full acquittance and discharge for all 
purposes of the obligation of the person making the same. No 
person shall be held liable in any court or administrative 
proceeding for or with respect to anything done or omitted in 
good faith in connection with the administration of, or 
pursuant to and in reliance on, this title, or any regulation, 
instruction, or direction issued by the Secretary under this 
title.
    (c) For purposes of administering this title--
          (1) the Secretary may accept details and assignments 
        of employees of Federal agencies to the Department of 
        State \178\ on a reimbursable or nonreimbursable basis 
        (with any such reimbursements to be credited to the 
        appropriations made available for the salaries and 
        expenses of officers and employees of the employing 
        agency); and
---------------------------------------------------------------------------
    \178\ Sec. 162(o)(6)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``Office of Foreign Missions'' and inserted in lieu thereof 
``Department of State'' at each place it appeared in subsecs. (c), (e), 
and (f) of sec. 208.
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          (2) the Secretary may, to the extent necessary to 
        obtain services without delay, exercise his authority 
        to employ experts and consultants under section 3109 of 
        title 5, United States Code, without requiring 
        compliance with such otherwise applicable requirements 
        for that employment as the Secretary may determine, 
        except that such employment shall be terminated after 
        60 days if by that time those requirements are not 
        complied with.
    (d) Contracts and subcontracts for supplies or services, 
including personal services, made by or on behalf of the 
Secretary \179\ shall be made after advertising, in such manner 
and at such times as the Secretary shall determine to be 
adequate to ensure notice and opportunity for competition, 
except that advertisement shall not be required when (1) the 
Secretary determines that it is impracticable or will not 
permit timely performance to obtain bids by advertising, or (2) 
the aggregate amount involved in a purchase of supplies or 
procurement of services does not exceed $10,000. Such contracts 
and subcontracts may be entered into without regard to laws and 
regulations otherwise applicable to solicitation, negotiation, 
administration, and performance of government contracts. In 
awarding contracts, the Secretary may consider such factors as 
relative quality and availability of supplies or services and 
the compatibility of the supplies or services with 
implementation of this title.
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    \179\ Sec. 162(o)(6)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``Director'' and inserted in lieu thereof ``Secretary''.
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    (e) The head of any Federal agency may, for purposes of 
this title--
          (1) transfer or loan any property to, and perform 
        administrative and technical support functions and 
        services for the operations of, the Department of State 
        \178\ (with reimbursements to agencies under this 
        paragraph to be credited to the current applicable 
        appropriation of the agency concerned); and
          (2) acquire and accept services from the Department 
        of State,\178\ including (whenever the Secretary 
        determines it to be in furtherance of the purposes of 
        this title) acquisitions without regard to laws 
        normally applicable to the acquisition of services by 
        such agency.
    (f) Assets of or under the control of the Department of 
State,\178\ wherever situated, which are used by or held for 
the use of a foreign mission shall not be subject to 
attachment, execution, injunction, or similar process, whether 
intermediate or final.
    (g) Except as otherwise provided, any determination 
required under this title shall be committed to the discretion 
of the Secretary.
    (h)(1) In order to implement this title, the Secretary may 
transfer to the working capital fund established by section 13 
of this Act such amounts available to the Department of State 
as may be necessary.
    (2) All revenues, including proceeds from gifts and 
donations, received by the \180\ Secretary in carrying out this 
title may be credited to the working capital fund established 
by section 13 of this Act and shall be available for purposes 
of this title in accordance with that section.
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    \180\ Sec. 162(o)(6)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 409), struck 
out ``Director or the'' at this point.
---------------------------------------------------------------------------
    (3) Only amounts transferred or credited to the working 
capital fund established by section 13 of this Act may be used 
in carrying out the functions of the Secretary or the Director 
under this title.

application to public international organizations and official missions 
                         to such organizations

    Sec. 209.\181\ (a) The Secretary may make section 206, or 
any other provision of this title, applicable with respect to 
an international organization to the same extent that it is 
applicable with respect to a foreign mission if the Secretary 
determines that such application is necessary to carry out the 
policy set forth in section 201(b) and to further the 
objectives set forth in section 204(b).
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    \181\ 22 U.S.C. 4309. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 209, effective October 1, 1982.
---------------------------------------------------------------------------
    (b) For purposes of this section, ``international 
organization'' means--
          (1) a public international organization designated as 
        such pursuant to the International Organizations 
        Immunities Act (22 U.S.C. 288--288f-2) or a public 
        international organization created pursuant to a treaty 
        or other international agreement as an instrument 
        through or by which two or more foreign governments 
        engage in some aspect of their conduct of international 
        affairs; and
          (2) an official mission (other than a United States 
        mission) to such a public international organization,
including any real property of such an organization or mission 
and including the personnel of such an organization or mission.

   united states responsibilities for employees of the united nations

    Sec. 209A.\182\ (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \182\22 U.S.C. 4309a. Sec. 141 of Public Law 99-93 (99 Stat. 423) 
added sec. 209A.
---------------------------------------------------------------------------
          (1) pursuant to the Agreement Between the United 
        States and the United Nations Regarding the 
        Headquarters of the United Nations (authorized by 
        Public Law 80-357 (22 U.S.C. 287 note)), the United 
        States has accepted--
                  (A) the obligation to permit and to 
                facilitate the right of individuals, who are 
                employed by or are authorized by the United 
                Nations to conduct official business in 
                connection with that organization or its 
                agencies, to enter into and exit from the 
                United States for purposes of conducting 
                official activities within the United Nations 
                Headquarters District, subject to regulation as 
                to points of entry and departure; and
                  (B) the implied obligation to permit and to 
                facilitate the acquisition of facilities in 
                order to conduct such activities within or in 
                proximity to the United Nations Headquarters 
                District, subject to reasonable regulation 
                including regulation of the location and size 
                of such facilities; and
          (2) taking into account paragraph (1) and consistent 
        with the obligation of the United States to facilitate 
        the functioning of the United Nations, the United 
        States has no additional obligation to permit the 
        conduct of any other activities, including nonofficial 
        activities, by such individuals outside of the United 
        Nations Headquarters District.
    (b) \183\ Activities of United Nations Employees.--(1) The 
conduct of any activities, or the acquisition of any benefits 
(as defined in section 201(a)(1) of this title), outside the 
United Nations Headquarters District by any individual employed 
by, or authorized by the United Nations to conduct official 
business in connection with that organization or its agencies, 
or by any person or agency acting on behalf thereof, may be 
permitted or denied or subject to reasonable regulation, as 
determined to be in the best interest of the United States and 
pursuant to this title.
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    \183\ Sec. 139(26) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399), 
repealed par. (2) of subsec. (b). It had provided: ``(2) The Secretary 
shall apply to those employees of the United Nations Secretariat who 
are nationals of a foreign country or members of a foreign mission all 
terms, limitations, restrictions, and conditions which are applicable 
pursuant to this title to the members of that country's mission or of 
any other mission to the United Nations unless the Secretary determines 
and reports to the Congress that national security and foreign policy 
circumstances require that this paragraph be waived in specific 
circumstances.''.
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    (c) Reports.--The Secretary shall report to the Congress--
          (1) not later than 30 days after the date of the 
        enactment of this section, on the plans of the 
        Secretary for implementing this section; and
          (2) not later than 6 months thereafter, on the 
        actions taken pursuant to those plans.
    (d) United States Nationals.--This section shall not apply 
with respect to any United States national.
    (e) Definitions.--For purposes of this section, the term 
``United Nations Headquarters District'' means the area within 
the United States which is agreed to by the United Nations and 
the United States to constitute such a district, together with 
such other areas as the Secretary of State may approve from 
time to time in order to permit effective functioning of the 
United Nations or missions to the United Nations.

                       privileges and immunities

    Sec. 210.\184\ Nothing in this title shall be construed to 
limit the authority of the United States to carry out its 
international obligations, or to supersede or limit immunities 
otherwise available by law. No act or omission by any foreign 
mission, public international organization, or official mission 
to such an organization, in compliance with this title shall be 
deemed to be an implied waiver of any immunity otherwise 
provided for by law.
---------------------------------------------------------------------------
    \184\ 22 U.S.C. 4310. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 210, effective October 1, 1982.
---------------------------------------------------------------------------

                              enforcement

    Sec. 211.\185\ (a) It shall be unlawful for any person to 
make available any benefits to a foreign mission contrary to 
this title. The United States, acting on its own behalf or on 
behalf of a foreign mission, has standing to bring or intervene 
in an action to obtain compliance with this title, including 
any action for injunctive or other equitable relief.
---------------------------------------------------------------------------
    \185\ 22 U.S.C. 4311. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 211, effective October 1, 1982.
---------------------------------------------------------------------------
    (b) Upon the request of any Federal agency, any State or 
local government agency, or any business or other person that 
proposes to enter into a contract or other transaction with a 
foreign mission, the Secretary shall advise whether the 
proposed transaction is prohibited by any regulation or 
determination of the Secretary under this title.

                        presidential guidelines

    Sec. 212.\186\ The authorities granted to the Secretary 
pursuant to the provisions of this title shall be exercised in 
accordance with procedures and guidelines approved by the 
President.
---------------------------------------------------------------------------
    \186\ 22 U.S.C. 4312. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 212, effective October 1, 1982.
---------------------------------------------------------------------------

                              severability

    Sec. 213.\187\ If any provision of this title or the 
application thereof to any person or circumstance is held 
invalid, the remainder of this title and the application of 
such provision to any other person or circumstance shall not be 
affected thereby.
---------------------------------------------------------------------------
    \187\ 22 U.S.C. 4313. Sec. 202(b) of Public Law 97-241 (96 Stat. 
283) added sec. 213, effective October 1, 1982.
---------------------------------------------------------------------------

                   extraordinary protective services

    Sec. 214.\188\ (a) General Authority.--The Secretary may 
provide extraordinary protective services for foreign missions 
directly, by contract, or through State or local authority to 
the extent deemed necessary by the Secretary in carrying out 
this title, except that the Secretary may not provide under 
this section any protective services for which authority exists 
to provide such services under sections 202(7) and 208 of title 
3, United States Code.
---------------------------------------------------------------------------
    \188\ 22 U.S.C. 4314. Sec. 214 was added by sec. 126(a) of Public 
Law 99-93 (99 Stat. 417), effective October 1, 1985.
    The Secretary of State delegated functions authorized under this 
section to the Assistant Secretary for Diplomatic Security (Department 
of State Public Notice 2086; sec. 8 of Delegation of Authority No. 214; 
59 F.R. 50790).
    The Department of State and Related Agency Appropriations Act, 2001 
(title IV of H.R. 5548, enacted by reference in sec. 101(a)(2) of 
Public Law 106-553; 114 Stat. 2762A-91), provided the following:
---------------------------------------------------------------------------

             ``protection of foreign missions and officials
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$15,467,000, to remain available until September 30, 2002: Provided, 
That, notwithstanding the limitations of 3 U.S.C. 202(10) concerning 20 
or more consulates, of the amount made available under this heading, 
$5,000,000 shall be available only for the reimbursement of costs 
incurred by the City of Seattle, Washington.''.
    Sec. 139(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), repealed 
subsec. (c) of this section, which had provided: ``(c) Consultation 
With Congress Before Obligation of Funds.--Funds may be obligated under 
this section only after regulations to implement this section have been 
issued by the Secretary after consultation with appropriate committees 
of the Congress.''.
---------------------------------------------------------------------------
    (b) Requirement of Extraordinary Circumstances.--The 
Secretary may provide funds to a State or local authority for 
protective services under this section only if the Secretary 
has determined that a threat of violence, or other 
circumstances, exists which requires extraordinary security 
measures which exceed those which local law enforcement 
agencies can reasonably be expected to take.
    (d) Restrictions on Use of Funds.--Of the funds made 
available for obligation under this section in any fiscal 
year--
          (1) not more than 20 percent may be obligated for 
        protective services within any single State during that 
        year; and
          (2) not less than 15 percent shall be retained as a 
        reserve for protective services provided directly by 
        the Secretary or for expenditures in local 
        jurisdictions not otherwise covered by an agreement for 
        protective services under this section.
The limitations on funds available for obligation in this 
subsection shall not apply to unobligated funds during the 
final quarter of any fiscal year.
    (e) Period of Agreement With State or Local Authority.--Any 
agreement with a State or local authority for the provision of 
protective services under this section shall be for a period of 
not to exceed 90 days in any calendar year, but such agreements 
may be renewed after review by the Secretary.
    (f) Requirement for Appropriations.--Contracts may be 
entered into in carrying out this section only to such extent 
or in such amounts as are provided in advance in appropriation 
Acts.
    (g) Working Capital Fund.--Amounts used to carry out this 
section shall not be subject to section 208(h).

 use of foreign mission in a manner incompatible with its status as a 
                            foreign mission

    Sec. 215.\189\ (a) Establishment of Limitation on Certain 
Uses.--A foreign mission may not allow an unaffiliated alien 
the use of any premise of that foreign mission which is 
inviolable under United States law (including any treaty) for 
any purpose which is incompatible with its status as a foreign 
mission, including use as a residence.
---------------------------------------------------------------------------
    \189\ 22 U.S.C. 4315. Sec. 215 was added by sec. 128(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1343). Sec. 128(b) of the same Act established 
the effective date of sec. 215 as follows:
    ``(b) Effective Date.--(1) Except as provided in paragraph (2), the 
amendment made by subsection (a) shall apply to any foreign mission 
beginning on the date of enactment of this Act.
    ``(2)(A) The amendment made by subsection (a) shall apply beginning 
6 months after the date of enactment of this Act with respect to any 
nonimmigrant alien who is using a foreign mission as a residence or a 
place of business on the date of enactment of this Act.
    ``(B) The Secretary of State may delay the effective date provided 
for in subparagraph (A) for not more than 6 months with respect to any 
nonimmigrant alien if the Secretary finds that a hardship to that alien 
would result from the implementation of subsection (a).''
---------------------------------------------------------------------------
  (b) Temporary Lodging.--For the purposes of this section, the 
term ``residence'' does not include such temporary lodging as 
may be permitted under regulations issued by the Secretary.
  (c) Waiver.--The Secretary may waive subsection (a) with 
respect to all foreign missions of a country (and may revoke 
such a waiver) 30 days after providing written notification of 
such a waiver, together with the reasons for such waiver (or 
revocation of such a waiver), to the Committee on Foreign 
Affairs \190\ of the House of Representatives and the Committee 
on Foreign Relations of the Senate.
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    \190\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
  (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit a 
report to the Congress concerning the implementation of this 
section and shall submit such other reports to the Congress 
concerning changes in implementation as may be necessary.
  (e) Definitions.--For the purposes of this section--
          (1) the term ``foreign mission'' includes any 
        international organization as defined in section 
        209(b); and
          (2) the term ``unaffiliated alien'' means, with 
        respect to a foreign country, an alien who--
                  (A) is admitted to the United States as a 
                nonimmigrant, and
                  (B) is not a member, or a family member of a 
                member, of a foreign mission of that foreign 
                country.

 application of travel restrictions to personnel of certain countries 
                           and organizations

    Sec. 216.\191\ (a) Requirement for Restrictions.--The 
Secretary shall apply the same generally applicable 
restrictions to the travel while in the United States of the 
individuals described in subsection (b) as are applied under 
this title to the members of the missions of the Soviet Union 
in the United States.
---------------------------------------------------------------------------
    \191\ 22 U.S.C. 4316. Sec. 216 was added by sec. 162(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1357). Sec. 162(b) of the same Act made subsec. 
(a) of sec. 216 effective 90 days after enactment.
    Sec. 139(3) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), repealed 
subsec. (d) of this section, which had provided: ``(d) Reports.--The 
Secretary shall transmit to the Select Committee on Intelligence and 
the Committee on Foreign Relations of the Senate, and to the Permanent 
Select Committee on Intelligence and the Committee on Foreign Affairs 
of the House of Representatives, not later than six months after the 
date of enactment of this section and not later than every six months 
thereafter, a report on the actions taken by the Secretary in carrying 
out this section during the previous six months.''.
    Sec. 103(c) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2320), relating to statutory provisions applicable to the Soviet Union, 
provided the following:
    ``(c) Findings and Affirmation.--The Congress finds and affirms 
that provisions such as those described in this section, including--
---------------------------------------------------------------------------

          ``(1) section 216 of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 4316), * * *
``should not be construed as being directed against Russia, Ukraine, or 
the other independent states of the former Soviet Union, connoting an 
adversarial relationship between the United States and the independent 
states, or signifying or implying in any manner unfriendliness toward 
the independent states.''.
---------------------------------------------------------------------------
    For complete list of related statutes, see sec. 103 of the 
FRIENDSHIP Act, in Legislation on Foreign Relations Through 2001, vol. 
I-B.
---------------------------------------------------------------------------
  (b) Individuals Subject to Restrictions.--The restrictions 
required by subsection (a) shall be applied with respect to 
those individuals who (as determined by the Secretary) are--
          (1) the personnel of an international organization, 
        if the individual is a national of any foreign country 
        whose government engages in intelligence activities in 
        the United States that are harmful to the national 
        security of the United States;
          (2) the personnel of a mission to an international 
        organization, if that mission is the mission of a 
        foreign government that engages in intelligence 
        activities in the United States that are harmful to the 
        national security of the United States; or
          (3) the family members or dependents of an individual 
        described in paragraphs (1) and (2);
and who are not nationals or permanent resident aliens of the 
United States.
  (c) Waivers.--The Secretary, after consultation with the 
Director of Central Intelligence and the Director of the 
Federal Bureau of Investigation, may waive application of the 
restrictions required by subsection (a) if the Secretary 
determines that the national security and foreign policy 
interests of the United States so require.
  (e) Definitions.--For purposes of this section--
          (1) the term ``generally applicable restrictions'' 
        means any limitations on the radius within which 
        unrestricted travel is permitted and obtaining travel 
        services through the auspices of the Office of Foreign 
        Missions for travel elsewhere, and does not include any 
        restrictions which unconditionally prohibit the members 
        of missions of the Soviet Union in the United States 
        from traveling to designated areas of the United States 
        and which are applied as a result of particular factors 
        in relations between the United States and the Soviet 
        Union.\192\
---------------------------------------------------------------------------
    \192\ As enrolled. Should end with a semicolon.
---------------------------------------------------------------------------
          (2) the term ``international organization'' means an 
        organization described in section 209(b)(1); and
          (3) the term ``personnel'' includes--
                  (A) officers, employees, and any other staff 
                member, and
                  (B) any individual who is retained under 
                contract or other arrangement to serve 
                functions similar to those of an officer, 
                employee, or other staff member.

        TITLE III--DISPOSITION OF PERSONAL PROPERTY ABROAD \193\

                              definitions

    Sec. 301.\194\ For purposes of this title, the following 
terms have the following meanings:
---------------------------------------------------------------------------
    \193\ Title III was added by sec. 186(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1366).
    \194\ 22 U.S.C. 4341. Sec. 186(b) of Public Law 100-204 (101 Stat. 
1366) made this section effective 180 days after enactment.
---------------------------------------------------------------------------
          (1) The term ``employee'' means an individual who is 
        under the jurisdiction of a chief of mission to a 
        foreign country (as provided under section 207 of the 
        Foreign Service Act of 1980 (22 U.S.C. 3927)) and who 
        is--
                  (A) an employee as defined by section 2105 of 
                title 5, United States Code;
                  (B) an officer or employee of the United 
                States Postal Service or of the Postal Rate 
                Commission;
                  (C) a member of a uniformed service who is 
                not under the command of an area military 
                commander; or
                  (D) an expert or consultant as authorized 
                pursuant to section 3109 of title 5, United 
                States Code, with the United States or any 
                agency, department, or establishment thereof; 
                but is not a national or permanent resident of 
                the foreign country in which employed.
          (2) The term ``contractor'' means--
                  (A) an individual employed by personal 
                services contract pursuant to section 2(c) of 
                this Act (22 U.S.C. 2669(c)), section 636(a)(3) 
                of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2396(a)(3)), or pursuant to other 
                similar authority, including, in the case of an 
                organization performing services under such 
                authority, an individual involved in the 
                performance of such services; and
                  (B) such other individuals or firms providing 
                goods or services by contract as are designated 
                by regulations issued pursuant to section 303;
        but does not include a contractor with or under the 
        supervision of an area military commander.
          (3) The term ``charitable contribution'' means a 
        contribution or gift as defined in section 170(c) of 
        the Internal Revenue Code of 1986, or other similar 
        contribution or gift to a bona fide charitable foreign 
        entity as determined pursuant to regulations or 
        policies issued pursuant to section 303.
          (4) The term ``chief of mission'' has the meaning 
        given such term by section 102(3) of the Foreign 
        Service Act of 1980 (22 U.S.C. 2902(3)).
          (5) The term ``foreign country'' means any country or 
        territory, excluding the United States, the 
        Commonwealth of Puerto Rico, the Commonwealth of the 
        Northern Mariana Islands, the Trust Territory of the 
        Pacific Islands, American Samoa, Guam, the Virgin 
        Islands, and other territories or possessions of the 
        United States.
          (6) The term ``personal property'' means any item of 
        personal property, including automobiles, computers, 
        boats, audio and video equipment, and any other items 
        acquired for personal use, but excluding items of 
        minimal value as determined by regulation or policy 
        issued pursuant to section 303.
          (7) The term ``profit'' means any proceeds (including 
        cash and other valuable consideration but not including 
        amounts of such proceeds given as charitable 
        contributions) for the sale, disposition, or assignment 
        of personal property in excess of the basis for such 
        property. For purposes of this title, basis shall 
        include initial price, inland and overseas 
        transportation costs (if not reimbursed by the United 
        States Government), shipping insurance, taxes, customs 
        fees, duties or other charges, and capital 
        improvements, but shall not include insurance on an 
        item while in use, or maintenance and related costs. 
        For purposes of computing profit, proceeds and costs 
        shall be valued in United States dollars at the time of 
        receipt or payment, at a rate of exchange as determined 
        by regulation or policy issued pursuant to section 303.

            limitations on disposition of personal property

    Sec. 302.\195\ (a) General Rule.--Except as authorized 
under subsection (b), employees or members of their family 
shall not sell, assign, or otherwise dispose of personal 
property within a foreign country which was imported into or 
purchased within that foreign country and which, by virtue of 
the official status of the employee, was exempt from import 
limitation, customs duties, or taxes which would otherwise 
apply.
---------------------------------------------------------------------------
    \195\ 22 U.S.C. 4342. Sec. 302 was added by sec. 186 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1368). Sec. 186(b) of the same Act made this section 
effective 180 days after enactment.
---------------------------------------------------------------------------
  (b) Approval by Chief of Mission.--The chief of mission to a 
foreign country, or a designee of such chief of mission, is 
authorized to approve within that foreign country sales, 
assignment, or other dispositions of property by employees 
under the chief of mission's jurisdiction (as described in 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927)) to the extent that such sale, assignment, or other 
disposition is in accordance with regulations and policies, 
rules, and procedures issued pursuant to section 303.
  (c) Violation.--Violation of this section, or other 
importation, sale, or other disposition of personal property 
within a foreign country which violates its laws or regulations 
or governing international law and is prohibited by regulations 
and policies, rules, and procedures issued pursuant to section 
303, shall be grounds for disciplinary action against an 
employee.

                              regulations

    Sec. 303.\196\ (a) Issuance; Purpose.--The Secretary of 
State may issue regulations to carry out the purposes of this 
title. The primary purpose of such regulations and related 
policies, rules, and procedures shall be to assure that 
employees and members of their families do not profit 
personally from sales or other transactions with persons who 
are not themselves entitled to exemption from import 
restrictions, duties, or taxes.
---------------------------------------------------------------------------
    \196\ 22 U.S.C. 4343. Sec. 303 was added by sec. 186 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1368). Sec. 186(b) of the same Act made this section 
effective 180 days after enactment.
---------------------------------------------------------------------------
  (b) Contractors.--Such regulations shall require that, to the 
extent contractors enjoy importation or tax privileges in a 
foreign country because of their contractual relationship to 
the United States Government, after the effective date of this 
title contracting agencies shall include provisions in their 
contracts to carry out the purpose of this title.
  (c) Chief of Mission.--In order to ensure that due account is 
taken of local conditions, including applicable laws, markets, 
exchange rate factors, and accommodation exchange facilities, 
such regulations may authorize the chief of mission to each 
foreign country to establish more detailed policies, rules, or 
procedures for the application of this title within that 
country to employees under the chief of mission's jurisdiction.

  TITLE IV--FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES 
                                 \197\

SEC. 401.\198\ GENERAL AUTHORITY AND CONTENTS OF PUBLICATION.

  (a) Charter of the Publication.--The Department of State 
shall continue to publish the ``Foreign Relations of the United 
States historical series'' (hereafter in this title referred to 
as the ``FRUS series''), which shall be a thorough, accurate, 
and reliable documentary record of major United States foreign 
policy decisions and significant United States diplomatic 
activity. Volumes of this publication shall include all records 
needed to provide a comprehensive documentation of the major 
foreign policy decisions and actions of the United States 
Government, including the facts which contributed to the 
formulation of policies and records providing supporting and 
alternative views to the policy position ultimately adopted.
---------------------------------------------------------------------------
    \197\ Sec. 198(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 685), added 
title IV.
    \198\ 22 U.S.C. 4351.
---------------------------------------------------------------------------
  (b) Editing Principles.--The editing of records for 
preparation of the FRUS series shall be guided by the 
principles of historical objectivity and accuracy. Records 
shall not be altered and deletions shall not be made without 
indicating in the published text that a deletion has been made. 
The published record shall omit no facts which were of major 
importance in reaching a decision, and nothing shall be omitted 
for the purpose of concealing a defect of policy.
  (c) \199\ Deadline for Publication of Records.--The Secretary 
of State shall ensure that the FRUS series shall be published 
not more than 30 years after the events recorded.
---------------------------------------------------------------------------
    \199\ Sec. 198(c)(2)(A) and (B) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 691), required:
    ``(c) Compliance.-- * * *
---------------------------------------------------------------------------

          ``(2)(A) In order to come into compliance with section 401(c) 
        of the State Department Basic Authorities Act of 1956 (as 
        amended by this section) the Secretary of State shall ensure 
        that, by the end of the 3-year period beginning on the date of 
        the enactment of this Act, all volumes of the Foreign Relations 
        of the United States historical series (FRUS) for the years 
        that are more than 30 years before the end of that 3-year 
        period have been published.
          ``(B) If the Secretary cannot reasonably meet the 
        requirements of subparagraph (A), the Secretary shall notify 
        the Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives 
        and describe how the Department of State plans to meet the 
        requirements of subparagraph (A). In no event shall volumes 
        subject to subparagraph (A) be published later than 5 years 
        after the date of the enactment of this Act.''.

SEC. 402.\200\ RESPONSIBILITY FOR PREPARATION OF THE FRUS SERIES.

  (a) In General.--
---------------------------------------------------------------------------
    \200\ 22 U.S.C. 4352.
---------------------------------------------------------------------------
          (1)(A) The Historian of the Department of State shall 
        be responsible for the preparation of the FRUS series, 
        including the selection of records, in accordance with 
        the provisions of this title.
          (B) The Advisory Committee on Historical Diplomatic 
        Documentation shall review records, and shall advise 
        and make recommendations to the Historian concerning 
        all aspects of preparation and publication of the FRUS 
        series, including, in accordance with the procedures 
        contained in section 403, the review and selection of 
        records for inclusion in volumes of the series.
          (2) Other departments, agencies, and other entities 
        of the United States Government shall cooperate with 
        the Office of the Historian by providing full and 
        complete access to the records pertinent to United 
        States foreign policy decisions and actions and by 
        providing copies of selected records in accordance with 
        the procedures developed under section 403, except that 
        no access to any record, and no provision of any copy 
        of a record, shall be required in the case of any 
        record that was prepared less than 26 years before the 
        date of a request for such access or copy made by the 
        Office of the Historian.
  (b) National Archives and Records Administration.--
Notwithstanding any other provision of this title, the 
requirement for the National Archives and Records 
Administration to provide access to, and copies of, records to 
the Department of State for the FRUS series shall be governed 
by chapter 21 of title 44, United States Code, by any agreement 
concluded between the Department of State and the National 
Archives and Records Administration, and, in the case of 
Presidential records, by section 2204 of such title.

SEC. 403.\201\ PROCEDURES FOR IDENTIFYING RECORDS FOR THE FRUS SERIES; 
                    DECLASSIFICATION, REVISIONS, AND SUMMARIES.

  (a) Development of Procedures.--Not later than 180 days after 
the date of enactment of this title, each department, agency, 
or other entity of the United States Government engaged in 
foreign policy formulation, execution, or support shall develop 
procedures for its historical office (or a designated 
individual in the event that there is no historical office)--
---------------------------------------------------------------------------
    \201\ 22 U.S.C. 4353.
---------------------------------------------------------------------------
          (1) to coordinate with the State Department's Office 
        of the Historian in selecting records for possible 
        inclusion in the FRUS series;
          (2) to permit full access to the original, unrevised 
        records by such individuals holding appropriate 
        security clearances as have been designated by the 
        Historian as liaison to that department, agency, or 
        entity, for purposes of this title, and by members of 
        the Advisory Committee; and
          (3) to permit access to specific types of records not 
        selected for inclusion in the FRUS series by the 
        individuals identified in paragraph (2) when requested 
        by the Historian in order to confirm that records 
        selected by that department, agency, or entity 
        accurately represent the policymaking process reflected 
        in the relevant part of the FRUS series.
  (b) Declassification Review.--
          (1) Subject to the provisions of this subsection, 
        records selected by the Historian for inclusion in the 
        FRUS series shall be submitted to the respective 
        originating agency for declassification review in 
        accordance with that agency's procedures for such 
        review, except that such declassification review shall 
        be completed by the originating agency within 120 days 
        after such records are submitted for review. If the 
        originating agency determines that any such record is 
        not declassifiable because of a continuing need to 
        protect sources and methods for the collection of 
        intelligence information or to protect other sensitive 
        national security information, then the originating 
        agency shall attempt to make such deletions in the text 
        as will make the record declassifiable.
          (2) If the Historian determines that the meaning of 
        the records proposed for inclusion in a volume of the 
        FRUS series would be so altered or changed by deletions 
        made under paragraph (1) that publication in that 
        condition could be misleading or lead to an inaccurate 
        or incomplete historical record, then the Historian 
        shall take steps to achieve a satisfactory resolution 
        of the problem with the originating agency. Within 60 
        days of receiving a proposed solution from the 
        Historian, the originating agency shall furnish the 
        Historian a written response agreeing to the solution 
        or explaining the reasons for the alteration or 
        deletion.
          (3) The Historian shall inform the Advisory Committee 
        of any failure by an originating agency to complete its 
        declassification review of a record within 120 days and 
        of any steps taken under paragraph (2).
          (4) If the Advisory Committee determines that the 
        meaning of the records proposed for inclusion in a 
        volume of the FRUS series would be so altered or 
        changed by deletions made under paragraph (1), or if 
        the Advisory Committee determines as a result of 
        inspection of other documents under subsection (a)(3) 
        that the selection of documents could be misleading or 
        lead to an inaccurate or incomplete historical record, 
        then the Advisory Committee shall so advise the 
        Secretary of State and submit recommendations to 
        resolve the issue.
          (5)(A) The Advisory Committee shall have full and 
        complete access to the original text of any record in 
        which deletions have been made. In the event that the 
        head of any originating agency considers it necessary 
        to deny access by the Advisory Committee to the 
        original text of any record, that agency head shall 
        promptly notify the Advisory Committee in writing, 
        describing the nature of the record in question and the 
        justification for withholding that record.
          (B) The Historian shall provide the Advisory 
        Committee with a complete list of the records described 
        in subparagraph (A).
          (6) If a record is deleted in whole or in part as a 
        result of review under this subsection then a note to 
        that effect shall be inserted at the appropriate place 
        in the FRUS volume.

SEC. 404.\202\ DECLASSIFICATION OF STATE DEPARTMENT RECORDS.

  (a) Deadline for Declassification.--
---------------------------------------------------------------------------
    \202\ 22 U.S.C. 4354. Sec. 198(c)(1) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 691) required:
    ``(c) Compliance.--
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          ``(1) The Secretary of State shall ensure that the 
        requirements of section 404 of the State Department Basic 
        Authorities Act of 1956 (as amended by this section) are met 
        not later than one year after the date of enactment of this 
        Act. If the Secretary cannot reasonably meet the requirements 
        of such section, he shall so notify the Committee on Foreign 
        Relations of the Senate and the Committee on Foreign Affairs of 
        the House of Representatives, and describe how the Department 
        of State intends to meet the requirements of that section. In 
        no event shall full compliance with the requirements of such 
        section take place later than 2 years after the date of 
        enactment of this Act.''.
          (1) Except as provided in subsection (b), each 
        classified record of permanent historical value (as 
        determined by the Secretary of State and the Archivist 
        of the United States) which was published, issued, or 
        otherwise prepared by the Department of State (or any 
        officer or employee thereof acting in an official 
        capacity) shall be declassified not later than 30 years 
        after the record was prepared, shall be transferred to 
        the National Archives and Records Administration, and 
        shall be made available at the National Archives for 
        public inspection and copying.
          (2) Nothing in this subsection may be construed to 
        require the declassification of a record wholly 
        prepared by a foreign government.
  (b) Exempted Records.--Subsection (a) shall not apply to any 
record (or portion thereof) the publication of which the 
Secretary of State, in coordination with any agency that 
originated information in the records, determines--
          (1) would compromise weapons technology important to 
        the national defense of the United States or reveal 
        sensitive information relating to the design of United 
        States or foreign military equipment or relating to 
        United States cryptologic systems or activities;
          (2) would disclose the names or identities of living 
        persons who provided confidential information to the 
        United States and would pose a substantial risk of harm 
        to such persons;
          (3) would demonstrably impede current diplomatic 
        negotiations or other ongoing official activities of 
        the United States Government or would demonstrably 
        impair the national security of the United States; or
          (4) would disclose matters that are related solely to 
        the internal personnel rules and practices of the 
        Department of State or are contained in personnel, 
        medical, or similar files the disclosure of which would 
        constitute a clearly unwarranted invasion of personal 
        privacy.
  (c) Review.--
          (1) The Advisory Committee shall review--
                  (A) the State Department's declassification 
                procedures,
                  (B) all guidelines used in declassification, 
                including those guidelines provided to the 
                National Archives and Records Administration 
                which are in effect on the date of enactment of 
                this title, and
                  (C) by random sampling, records 
                representative of all Department of State 
                records published, issued, or otherwise 
                prepared by the Department of State that remain 
                classified after 30 years.
          (2) In the event that the Secretary of State 
        considers it necessary to deny access to records under 
        paragraph (1)(C), the Secretary shall notify the 
        Advisory Committee in writing, describing the nature of 
        the records in question and the justification for 
        withholding them.
  (d) Reporting Requirement.--The Advisory Committee shall 
annually submit to the Secretary of State a report setting 
forth its findings from the review conducted under subsection 
(c).
  (e) Report to Congress.--Not later than 180 days after the 
date of the enactment of this title, the Secretary of State 
shall prepare and submit a written report to the Committee on 
Foreign Affairs \203\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate on factors 
relevant to compliance with this section, and the procedures to 
be used for implementing the requirements of this section.
---------------------------------------------------------------------------
    \203\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 405.\204\ RELATIONSHIP TO THE PRIVACY ACT AND THE FREEDOM OF 
                    INFORMATION ACT.

  (a) Privacy Act.--Nothing in this title may be construed as 
requiring the public disclosure of records or portions of 
records protected under section 552a of title 5, United States 
Code (relating to the privacy of personal records).
---------------------------------------------------------------------------
    \204\ 22 U.S.C. 4355.
---------------------------------------------------------------------------
  (b) Freedom of Information Act.--
          (1) Except as provided in paragraph (2), no record 
        (or portion thereof) shall be excluded from publication 
        in the FRUS series under section 403, or exempted from 
        the declassification requirement of section 404, solely 
        by virtue of the application of section 552(b) of title 
        5, United States Code (relating to the exemption of 
        certain matters from freedom of information 
        requirements).
          (2) Records described in section 222(f) of the 
        Immigration and Nationality Act (relating to visa 
        records) shall be excluded from publication in the FRUS 
        series under section 403 and, to the extent applicable, 
        exempted from the declassification requirement of 
        section 404.

SEC. 406.\205\ ADVISORY COMMITTEE.

  (a) \206\ Establishment.--
---------------------------------------------------------------------------
    \205\ 22 U.S.C. 4356.
    \206\ Functions vested in the Secretary of State in this subsection 
were further delegated to the Under Secretary for Management by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
          (1) There is established on a permanent basis the 
        Advisory Committee on Historical Diplomatic 
        Documentation for the Department of State. The 
        activities of the Advisory Committee shall be 
        coordinated by the Office of the Historian of the 
        Department of State.
          (2) The Advisory Committee shall be composed of 9 
        members and an executive secretary. The Historian shall 
        serve as executive secretary.
          (3)(A) The members of the Advisory Committee shall be 
        appointed by the Secretary of State from among 
        distinguished historians, political scientists, 
        archivists, international lawyers, and other social 
        scientists who have a demonstrable record of 
        substantial research pertaining to the foreign 
        relations of the United States. No officer or employee 
        of the United States Government shall be appointed to 
        the Advisory Committee.
          (B)(i) Six members of the Advisory Committee shall be 
        appointed from lists of individuals nominated by the 
        American Historical Association, the Organization of 
        American Historians, the American Political Science 
        Association, Society of American Archivists, the 
        American Society of International Law, and the Society 
        for Historians of American Foreign Relations. One 
        member shall be appointed from each list.
          (ii) If an organization does not submit a list of 
        nominees under clause (i) in a timely fashion, the 
        Secretary of State shall make an appointment from among 
        the nominees on other lists.
  (b) Terms of Service for Appointments.--
          (1) Except as provided in paragraph (2), members of 
        the Advisory Committee shall be appointed for terms of 
        three years.
          (2) Of the members first appointed, as designated by 
        the Secretary of State at the time of their appointment 
        (after consultation with the appropriate organizations) 
        three shall be appointed for terms of one year, three 
        shall be appointed for terms of two years, and three 
        shall be appointed for terms of three years.
          (3) Each term of service under paragraph (1) shall 
        begin on September 1 of the year in which the 
        appointment is made.
          (4) A vacancy in the membership of the Advisory 
        Committee shall be filled in the same manner as 
        provided under this subsection to make the original 
        appointment. A member appointed to fill a vacancy 
        occurring before the expiration of a term shall serve 
        for the remainder of that term. A member may continue 
        to serve when his or her term expires until a successor 
        is appointed. A member may be appointed to a new term 
        upon the expiration of his or her term.
  (c) Selection of Chairperson.--The Advisory Committee shall 
select, from among its members, a chairperson to serve a term 
of 1 year. A chairperson may be reelected upon expiration of 
his or her term as chairperson.
  (d) Meetings.--A majority of the members of the Advisory 
Committee shall constitute a quorum. The Advisory Committee 
shall meet at least quarterly or as frequently as may be 
necessary to carry out its duties.
  (e) Security Clearances.--
          (1) All members of the Advisory Committee shall be 
        granted the necessary security clearances, subject to 
        the standard procedures for granting such clearances.
          (2) For purposes of any law or regulation governing 
        access to classified records, a member of the Advisory 
        Committee seeking access under this paragraph to a 
        record shall be deemed to have a need to know.
  (f) Compensation.--
          (1) Members of the Advisory Committee--
                  (A) shall each receive compensation at a rate 
                of not to exceed the daily equivalent of the 
                annual rate of basic pay payable for positions 
                at GS-15 of the General Schedule under section 
                5332 of title 5, United States Code, for each 
                day such member is engaged in the actual 
                performance of the duties of the Advisory 
                Committee; and
                  (B) shall be allowed travel expenses, 
                including per diem in lieu of subsistence at 
                rates authorized for employees of agencies 
                under subchapter I of chapter 57 of title 5, 
                United States Code, while away from their homes 
                or regular places of business in the 
                performance of services of the Advisory 
                Committee.
          (2) The Secretary of State is authorized to provide 
        for necessary secretarial and staff assistance for the 
        Advisory Committee.
          (3) The Federal Advisory Committee Act shall not 
        apply to the Advisory Committee to the extent that the 
        provisions of this title are inconsistent with that 
        Act.

SEC. 407.\207\ DEFINITIONS.

  For purposes of this title--
---------------------------------------------------------------------------
    \207\ 22 U.S.C. 4357.
---------------------------------------------------------------------------
          (1) the term ``Advisory Committee'' means the 
        Advisory Committee on Historical Diplomatic 
        Documentation for the Department of State;
          (2) the term ``Historian'' means the Historian of the 
        Department of State or any successor officer of the 
        Department of State responsible for carrying out the 
        functions of the Office of the Historian, Bureau of 
        Public Affairs, of the Department of State, as in 
        effect on the date of enactment of this title;
          (3) the term ``originating agency'' means, with 
        respect to a record, the department, agency, or entity 
        of the United States (or any officer or employee 
        thereof of acting in his official capacity) that 
        originates, develops, publishes, issues, or otherwise 
        prepares that record or receives that record from 
        outside the United States Government; and
          (4) the term ``record'' includes any written material 
        (including any document, memorandum, correspondence, 
        statistical data, book, or other papers), map, 
        photograph, machine readable material, or other 
        documentary material, regardless of physical form or 
        characteristics, made or received by an agency of the 
        United States Government under Federal law or in 
        connection with the transaction of public business and 
        preserved or appropriate for preservation by that 
        agency or its legitimate successor as evidence of the 
        organization, functions, policies, decisions, 
        procedures, operations, or other activities of the 
        Government or because of the informational value in 
        them, and such term does not include library or museum 
        material made or acquired and preserved solely for 
        reference or exhibition purposes, any extra copy of a 
        document preserved only for convenience of reference, 
        or any stocks of publications or of processed 
        documents.
               c. United States-Macau Policy Act of 2000

 Title II of Public Law 106-570 [Assistance for International Malaria 
   Control Act; S. 2943], 114 Stat. 3040, approved December 27, 2000

 AN ACT To authorize assistacne for international malaria control, and 
                          for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,
          * * * * * * *

    TITLE II--POLICY OF THE UNITED STATES WITH RESPECT TO MACAU \1\

SEC. 201. SHORT TITLE.

    This title may be cited as the ``United States-Macau Policy 
Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6901 note.
---------------------------------------------------------------------------

SEC. 202. FINDINGS AND DECLARATIONS; SENSE OF CONGRESS.

    (a) Findings and Declarations.--Congress makes the 
following findings and declarations:
          (1) The continued economic prosperity of Macau 
        furthers United States interests in the People's 
        Republic of China and Asia.
          (2) Support for democratization is a fundamental 
        principle of United States foreign policy, and as such, 
        that principle naturally applies to United States 
        policy toward Macau.
          (3) The human rights of the people of Macau are of 
        great importance to the United States and are directly 
        relevant to United States interests in Macau.
          (4) A fully successful transition in the exercise of 
        sovereignty over Macau must continue to safeguard human 
        rights in and of themselves.
          (5) Human rights also serve as a basis for Macau's 
        continued economic prosperity, and Congress takes note 
        of Macau's adherence to the International Covenant on 
        Civil and Political Rights and the International 
        Convention on Economic, Social, and Cultural Rights.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States should play an active role in 
        maintaining Macau's confidence and prosperity, Macau's 
        unique cultural heritage, and the mutually beneficial 
        ties between the people of the United States and the 
        people of Macau;
          (2) through its policies, the United States should 
        contribute to Macau's ability to maintain a high degree 
        of autonomy in matters other than defense and foreign 
        affairs as promised by the People's Republic of China 
        and the Republic of Portugal in the Joint Declaration, 
        particularly with respect to such matters as trade, 
        commerce, law enforcement, finance, monetary policy, 
        aviation, shipping, communications, tourism, cultural 
        affairs, sports, and participation in international 
        organizations, consistent with the national security 
        and other interests of the United States; and
          (3) the United States should actively seek to 
        establish and expand direct bilateral ties and 
        agreements with Macau in economic, trade, financial, 
        monetary, mutual legal assistance, law enforcement, 
        communication, transportation, and other appropriate 
        areas.

SEC. 203. CONTINUED APPLICATION OF UNITED STATES LAW.

    (a) Continued Application.--
          (1) In general.--Notwithstanding any change in the 
        exercise of sovereignty over Macau, and subject to 
        subsections (b) and (c), the laws of the United States 
        shall continue to apply with respect to Macau in the 
        same manner as the laws of the United States were 
        applied with respect to Macau before December 20, 1999, 
        unless otherwise expressly provided by law or by 
        Executive order issued pursuant to paragraph (2).
          (2) Exception.--Whenever the President determines 
        that Macau is not sufficiently autonomous to justify 
        treatment under a particular law of the United States, 
        or any provision thereof, different from that accorded 
        the People's Republic of China, the President may issue 
        an Executive order suspending the application of 
        paragraph (1) to such law or provision of law. The 
        President shall promptly notify the Committee on 
        International Relations of the House of Representatives 
        and the Committee on Foreign Relations of the Senate 
        concerning any such determination and shall publish the 
        Executive order in the Federal Register.
    (b) Export Controls.--
          (1) In general.--The export control laws, 
        regulations, and practices of the United States shall 
        apply to Macau in the same manner and to the same 
        extent that such laws, regulations, and practices apply 
        to the People's Republic of China, and in no case shall 
        such laws, regulations, and practices be applied less 
        restrictively to exports to Macau than to exports to 
        the People's Republic of China.
          (2) Rule of construction.--Paragraph (1) shall not be 
        construed as prohibiting the provision of export 
        control assistance to Macau.
    (c) International Agreements.--
          (1) In general.--Subject to subsection (b) and 
        paragraph (2), for all purposes, including actions in 
        any court of the United States, Congress approves of 
        the continuation in force after December 20, 1999, of 
        all treaties and other international agreements, 
        including multilateral conventions, entered into before 
        such date between the United States and Macau, or 
        entered into force before such date between the United 
        States and the Republic of Portugal and applied to 
        Macau, unless or until terminated in accordance with 
        law.
          (2) Exception.--If, in carrying out this subsection, 
        the President determines that Macau is not legally 
        competent to carry out its obligations under any such 
        treaty or other international agreement, or that the 
        continuation of Macau's obligations or rights under any 
        such treaty or other international agreement is not 
        appropriate under the circumstances, the President 
        shall take appropriate action to modify or terminate 
        such treaty or other international agreement. The 
        President shall promptly notify the Committee on 
        International Relations of the House of Representatives 
        and the Committee on Foreign Relations of the Senate 
        concerning such determination.

SEC. 204. REPORTING REQUIREMENT.

    (a) In General.--Not later than 90 days after the date of 
the enactment of this Act, and not later than March 31 of each 
of the years 2001, 2002, and 2003, the Secretary of State shall 
transmit to the Committee on International Relations of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate a report on conditions in Macau of interest to 
the United States. The report shall describe--
          (1) significant developments in United States 
        relations with Macau, including any determination made 
        under section 203;
          (2) significant developments related to the change in 
        the exercise of sovereignty over Macau affecting United 
        States interests in Macau or United States relations 
        with Macau and the People's Republic of China;
          (3) the development of democratic institutions in 
        Macau;
          (4) compliance by the Government of the People's 
        Republic of China and the Government of the Republic of 
        Portugal with their obligations under the Joint 
        Declaration; and
          (5) the nature and extent of Macau's participation in 
        multilateral forums.
    (b) Separate Part of Country Reports.--Whenever a report is 
transmitted to Congress on a country-by-country basis, there 
shall be included in such report, where applicable, a separate 
subreport on Macau under the heading of the country that 
exercises sovereignty over Macau.

SEC. 205. DEFINITIONS.

    In this title:
          (1) Joint declaration.--The term ``Joint 
        Declaration'' means the Joint Declaration of the 
        Government of the People's Republic of China and the 
        Government of the Republic of Portugal on the Question 
        of Macau, dated April 13, 1987.
          (2) Macau.--The term ``Macau'' means the territory 
        that prior to December 20, 1999, was the Portuguese 
        Dependent Territory of Macau and after December 20, 
        1999, became the Macau Special Administrative Region of 
        the People's Republic of China.
               d. Pacific Charter Commission Act of 2000

 Title IV of Public Law 106-570 [Assistance for International Malaria 
   Control Act; S. 2943], 114 Stat. 3047, approved December 27, 2000

 AN ACT To authorize assistacne for international malaria control, and 
                          for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,
          * * * * * * *

          TITLE IV--PACIFIC CHARTER COMMISSION ACT OF 2000 \1\

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Pacific Charter Commission 
Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------

SEC. 402. PURPOSES.

    The purposes of this title are--
          (1) to promote a consistent and coordinated foreign 
        policy of the United States to ensure economic and 
        military security in the Asia-Pacific region;
          (2) to support democratization, the rule of law, and 
        human rights in the Asia-Pacific region;
          (3) to promote United States exports to the Asia-
        Pacific region by advancing economic cooperation;
          (4) to assist in combating terrorism and the spread 
        of illicit narcotics in the Asia-Pacific region; and
          (5) to advocate an active role for the United States 
        Government in diplomacy, security, and the furtherance 
        of good governance and the rule of law in the Asia-
        Pacific region.

SEC. 403. ESTABLISHMENT OF COMMISSION.

    (a) In General.--The President is authorized to establish a 
commission to be known as the Pacific Charter Commission 
(hereafter in this title referred to as the ``Commission'').
    (b) Expiration of Authority.--The authority to establish 
the Commission under this section shall expire at the close of 
December 31, 2002.

SEC. 404. DUTIES OF COMMISSION.

    (a) Duties.--The Commission should establish and carry out, 
either directly or through nongovernmental organizations, 
programs, projects, and activities to achieve the purposes 
described in section 402, including research and educational or 
legislative exchanges between the United States and countries 
in the Asia-Pacific region.
    (b) Monitoring of Developments.--The Commission should 
monitor developments in countries of the Asia-Pacific region 
with respect to United States foreign policy toward such 
countries, the status of democratization, the rule of law and 
human rights in the region, economic relations among the United 
States and such countries, and activities related to terrorism 
and the illicit narcotics trade.
    (c) Policy Review and Recommendations.--In carrying out 
this section, the Commission should evaluate United States 
Government policies toward countries of the Asia-Pacific region 
and recommend options for policies of the United States 
Government with respect to such countries, with a particular 
emphasis on countries that are of importance to the foreign 
policy, economic, and military interests of the United States.
    (d) Contacts With Other Entities.--In performing the 
functions described in subsections (a) through (c), the 
Commission should, as appropriate, seek out and maintain 
contacts with nongovernmental organizations, international 
organizations, and representatives of industry, including 
receiving reports and updates from such organizations and 
evaluating such reports.
    (e) Annual Report.--Not later than 18 months after the date 
of the establishment of the Commission, and not later than the 
end of each 12-month period thereafter, the Commission shall 
prepare and submit to the President and Congress a report that 
contains the findings of the Commission, in the case of the 
initial report, during the period since the date of 
establishment of the Commission, or, in the case of each 
subsequent report, during the preceding 12-month period. Each 
such report shall contain--
          (1) recommendations for legislative, executive, or 
        other actions resulting from the evaluation of policies 
        described in subsection (c);
          (2) a description of programs, projects, and 
        activities of the Commission for the prior year or, in 
        the case of the initial report, since the date of 
        establishment of the Commission; and
          (3) a complete accounting of the expenditures made by 
        the Commission during the prior year or, in the case of 
        the initial report, since the date of establishment of 
        the Commission.

SEC. 405. MEMBERSHIP OF COMMISSION.

    (a) Composition.--If established pursuant to section 403, 
the Commission shall be composed of seven members all of whom--
          (1) shall be citizens of the United States who are 
        not officers or employees of any government, except to 
        the extent they are considered such officers or 
        employees by virtue of their membership on the 
        Commission; and
          (2) shall have interest and expertise in issues 
        relating to the Asia-Pacific region.
    (b) Appointment.--
          (1) In general.--The individuals referred to in 
        subsection (a) shall be appointed--
                  (A) by the President, after consultation with 
                the Speaker and Minority Leader of the House of 
                Representatives, the Chairman and ranking 
                member of the Committee on International 
                Relations of the House of Representatives, the 
                Majority Leader and Minority Leader of the 
                Senate, and the Chairman and ranking member of 
                the Committee on Foreign Relations of the 
                Senate; and
                  (B) by and with the advice and consent of the 
                Senate.
          (2) Political affiliation.--Not more than four of the 
        individuals appointed under paragraph (1) may be 
        affiliated with the same political party.
    (c) Term.--Each member of the Commission shall be appointed 
for a term of 6 years.
    (d) Vacancies.--A vacancy in the Commission shall be filled 
in the same manner in which the original appointment was made.
    (e) Chairperson; Vice Chairperson.--The President shall 
designate a Chairperson and Vice Chairperson of the Commission 
from among the members of the Commission.
    (f) Compensation.--
          (1) Rates of pay.--Except as provided in paragraph 
        (2), members of the Commission shall serve without pay.
          (2) Travel expenses.--Each member of the Commission 
        may receive travel expenses, including per diem in lieu 
        of subsistence, in accordance with sections 5702 and 
        5703 of title 5, United States Code.
    (g) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (h) Quorum.--A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may 
hold hearings.
    (i) Affirmative Determinations.--An affirmative vote by a 
majority of the members of the Commission shall be required for 
any affirmative determination by the Commission under section 
404.

SEC. 406. POWERS OF COMMISSION.

    (a) Hearings and Investigations.--The Commission may hold 
such hearings, sit and act at such times and places, take such 
testimony and receive such evidence, and conduct such 
investigations as the Commission considers advisable to carry 
out this title.
    (b) Information From Federal Agencies.--The Commission may 
secure directly from any Federal department or agency such 
information as the Commission considers necessary to carry out 
this title. Upon request of the Chairperson of the Commission, 
the head of any such department or agency shall furnish such 
information to the Commission as expeditiously as possible.
    (c) Contributions.--The Commission may accept, use, and 
dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of assisting or 
facilitating the work of the Commission. Gifts, bequests, or 
devises of money and proceeds from sales of other property 
received as gifts, bequests, or devises shall be deposited in 
the Treasury and shall be available for disbursement upon order 
of the Commission.
    (d) Mails.--The Commission may use the United States mails 
in the same manner and under the same conditions as other 
departments and agencies of the United States.

SEC. 407. STAFF AND SUPPORT SERVICES OF COMMISSION.

    (a) Executive Director.--The Commission shall have an 
executive director appointed by the Commission who shall serve 
the Commission under such terms and conditions as the 
Commission determines to be appropriate.
    (b) Staff.--The Commission may appoint and fix the pay of 
such additional personnel, not to exceed 10 individuals, as it 
considers appropriate.
    (c) Staff of Federal Agencies.--Upon request of the 
chairperson of the Commission, the head of any Federal agency 
may detail, on a nonreimbursable basis, any of the personnel of 
the agency to the Commission to assist the Commission in 
carrying out its duties under this title.
    (d) Experts and Consultants.--The chairperson of the 
Commission may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code.

SEC. 408. TERMINATION.

    The Commission shall terminate not later than 6 years after 
the date of the establishment of the Commission.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In the event the Commission is 
established, there are authorized to be appropriated to carry 
out this title $2,500,000 for the initial 24-month period of 
the existence of the Commission.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are 
authorized to remain available until expended.

SEC. 410. EFFECTIVE DATE.

    This title shall take effect on February 1, 2001.
      e. Admiral James W. Nance and Meg Donovan Foreign Relations 
             Authorization Act, Fiscal Years 2000 and 2001

Partial text of Public Law 106-113 [H.R. 3427, enacted by reference in 
   sec. 1000(a)(7) of Public Law 106-113], 113 Stat. 1536, approved 
                           November 29, 1999

  A BILL To authorize appropriations for the Department of State for 
fiscal years 2000 and 2001; to provide for enhanced security at United 
  States diplomatic facilities; to provide for certain arms control, 
nonproliferation, and other national security measures; to provide for 
          reform of the United Nations, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Act.--This Act is organized into two divisions as 
follows:
          (1) Division a.--Department of State Provisions.
          (2) Division b.--Arms Control, Nonproliferation, and 
        Security Assistance Provisions.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

                                                                    Page

Sec. 1. Short title...............................................   116
Sec. 2. Organization of act into divisions; table of contents.....   116
Sec. 3. Definitions...............................................   121

               DIVISION A--DEPARTMENT OF STATE PROVISIONS

                TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

                     Subtitle A--Department of State

Sec. 101. Administration of foreign affairs.......................   121
Sec. 102. International commissions...............................   126
Sec. 103. Migration and refugee assistance........................   127
Sec. 104. United States informational, educational, and cultural 
    programs......................................................   128
Sec. 105. Grants to the Asia Foundation...........................   131
Sec. 106. Contributions to international organizations............   131
Sec. 107. Contributions for international peacekeeping activities.   134
Sec. 108. Voluntary contributions to international organizations..   135

     Subtitle B--United States International Broadcasting Activities

Sec. 121. Authorizations of appropriations........................   137

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

Sec. 201. Office of Children's Issues.............................   139
Sec. 202. Strengthening implementation of the Hague Convention on 
    the Civil Aspects of International Child Abduction [amends 
    other legislation]
Sec. 203. Report concerning attack in Cambodia....................   140
Sec. 204. International expositions...............................   140
Sec. 205. Responsibility of the AID Inspector General for the 
    Inter-American Foundation and the African Development 
    Foundation [amends other legislation]
Sec. 206. Report on Cuban drug trafficking........................   141
Sec. 207. Revision of reporting requirement.......................   142
Sec. 208. Foreign language proficiency [amends other legislation]
Sec. 209. Continuation of reporting requirements..................   142
Sec. 210. Joint funds under agreements for cooperation in 
    environmental, scientific, cultural and related areas.........   144
Sec. 211. Report on international extradition.....................   144

                    Subtitle B--Consular Authorities

Sec. 231. Machine readable visas [amends other legislation]
Sec. 232. Fees relating to affidavits of support..................   145
Sec. 233. Passport fees [amends other legislation]
Sec. 234. Deaths and estates of United States citizens abroad 
    [amends other legislation]
Sec. 235. Duties of consular officers regarding major disasters 
    and incidents abroad affecting United States citizens [amends 
    other legislation]
Sec. 236. Issuance of passports for children under age 14.........   145
Sec. 237. Processing of visa applications.........................   146
Sec. 238. Feasibility study on further passport restrictions on 
    individuals in arrears on child support.......................   147

                          Subtitle C--Refugees

Sec. 251. United States policy regarding the involuntary return of 
    refugees......................................................   147
Sec. 252. Human rights reports [amends other legislation]
Sec. 253. Guidelines for refugee processing posts [amends other 
    legislation]
Sec. 254. Gender-related persecution task force...................   148
Sec. 255. Eligibility for refugee status..........................   148

    TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

                    Subtitle A--Organization Matters

Sec. 301. Legislative liaison offices of the Department of State..   149
Sec. 302. State Department official for Northeastern Europe.......   150
Sec. 303. Science and Technology Adviser to the Secretary of State   150
Sec. 304. Application of certain laws to public diplomacy funds 
    [amends other legislation]
Sec. 305. Reform of the diplomatic telecommunications service 
    office........................................................   150

            Subtitle B--Personnel of the Department of State

Sec. 321. Award of Foreign Service star [amends other legislation]
Sec. 322. United States citizens hired abroad [amends other 
    legislation]
Sec. 323. Limitation on percentage of Senior Foreign Service 
    eligible for performance pay [amends other legislation]
Sec. 324. Placement of Senior Foreign Service personnel...........   151
Sec. 325. Report on management training...........................   152
Sec. 326. Workforce planning for Foreign Service personnel by 
    Federal agencies [amends other legislation]
Sec. 327. Records of disciplinary actions [amends other 
    legislation]
Sec. 328. Limitation on salary and benefits for members of the 
    Foreign Service recommended for separation for cause [amends 
    other legislation]
Sec. 329. Treatment of grievance records [amends other 
    legislation]
Sec. 330. Deadlines for filing grievances [amends other 
    legislation]
Sec. 331. Reports by the Foreign Service Grievance Board [amends 
    other legislation]
Sec. 332. Extension of use of Foreign Service personnel system 
    [amends other legislation]
Sec. 333. Border equalization pay adjustment [amends other 
    legislation]
Sec. 334. Treatment of certain persons reemployed after service 
    with international organizations [amends other legislation]
Sec. 335. Transfer allowance for families of deceased Foreign 
    Service personnel [amends other legislation]
Sec. 336. Parental choice in education [amends other legislation]
Sec. 337. Medical emergency assistance [amends other legislation]
Sec. 338. Report concerning financial disadvantages for 
    administrative and technical personnel [amends other 
    legislation]
Sec. 339. State Department Inspector General and personnel 
    investigations................................................   152
Sec. 340. Study of compensation for survivors of terrorist attacks 
    overseas......................................................   154
Sec. 341. Preservation of diversity in reorganization [amends 
    other legislation]

    TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                        PROGRAMS [see page 1252]

                 Subtitle A--Authorities and Activities

Sec. 401. Educational and cultural exchanges and scholarships for 
    Tibetans and Burmese
Sec. 402. Conduct of certain educational and cultural exchange 
    programs
Sec. 403. National security measures
Sec. 404. Sunset of United States Advisory Commission on Public 
    Diplomacy
Sec. 405. Royal Ulster Constabulary training

     Subtitle B--Russian and Ukrainian Business Management Education

Sec. 421. Purpose
Sec. 422. Definitions
Sec. 423. Authorization for training program and internships
Sec. 424. Applications for technical assistance
Sec. 425. Restrictions not applicable
Sec. 426. Authorization of appropriations.

 TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES [see page 
                                  1493]

Sec. 501. Reauthorization of Radio Free Asia
Sec. 502. Nomination requirements for the Chairman of the 
    Broadcasting Board of Governors
Sec. 503. Preservation of RFE/RL (Radio Free Europe/Radio Liberty)
Sec. 504. Immunity from civil liability for Broadcasting Board of 
    Governors

 TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES [see page 951]

Sec. 601. Short title
Sec. 602. Findings
Sec. 603. United States diplomatic facility defined
Sec. 604. Authorizations of appropriations
Sec. 605. Obligations and expenditures
Sec. 606. Security requirements for United States diplomatic 
    facilities
Sec. 607. Report on overseas presence
Sec. 608. Accountability review boards
Sec. 609. Increased anti-terrorism training in Africa

         TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

  Subtitle A--International Organizations Other than the United Nations

Sec. 701. Conforming amendments to reflect redesignation of 
    certain interparliamentary groups.............................   154
Sec. 702. Authority of the International Boundary and Water 
    Commission to assist State and local governments..............   155
Sec. 703. International Boundary and Water Commission.............   155
Sec. 704. Semiannual reports on United States support for 
    membership or participation of Taiwan in international 
    organizations.................................................   155
Sec. 705. Restriction relating to United States accession to the 
    International Criminal Court..................................   156
Sec. 706. Prohibition on extradition or transfer of United States 
    citizens to the International Criminal Court..................   156
Sec. 707. Requirement for reports regarding foreign travel [amends 
    other legislation]
Sec. 708. United States representation at the International Atomic 
    Energy Agency [amends other legislation]

                  Subtitle B--United Nations Activities

Sec. 721. United Nations policy on Israel and the Palestinians....   157
Sec. 722. Data on costs incurred in support of United Nations 
    peacekeeping operations [amends other legislation]
Sec. 723. Reimbursement for goods and services provided by the 
    United States to the United Nations [amends other legislation]
Sec. 724. Codification of required notice of proposed United 
    Nations peacekeeping operations [amends other legislation]

                  TITLE VIII--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 801. Denial of entry into United States of foreign nationals 
    engaged in establishment or enforcement of forced abortion or 
    sterilization policy..........................................   158
Sec. 802. Technical corrections...................................   159
Sec. 803. Reports with respect to a referendum on Western Sahara..   159
Sec. 804. Reporting requirements under PLO Commitments Compliance 
    Act of 1989 [amends other legislation]
Sec. 805. Report on terrorist activity in which United States 
    citizens were killed and related matters......................   160
Sec. 806. Annual reporting on war crimes, crimes against humanity, 
    and genocide [amends other legislation]

                Subtitle B--North Korea Threat Reduction

Sec. 821. Short title.............................................   161
Sec. 822. Restrictions on nuclear cooperation with North Korea....   161
Sec. 823. Definitions.............................................   162

                 Subtitle C--People's Republic of China

Sec. 871. Findings................................................   163
Sec. 872. Funding for additional personnel at diplomatic posts to 
    report on political, economic, and human rights matters in the 
    People's Republic of China....................................   164
Sec. 873. Prisoner information registry for the People's Republic 
    of China......................................................   164

          TITLE IX--ARREARS PAYMENTS AND REFORM [see page 2224]

                     Subtitle A--General Provisions

lSec. 901. Short title............................................   165
Sec. 902. Definitions

              Subtitle B--Arrearages to the United Nations

 Chapter 1--Authorization of Appropriations; Obligation and Expenditure 
                                of Funds

Sec. 911. Authorization of appropriations
Sec. 912. Obligation and expenditure of funds
Sec. 913. Forgiveness of amounts owed by the United Nations to the 
    United States

                  Chapter 2--United States Sovereignty

Sec. 921. Certification requirements

    Chapter 3--Reform of Assessments and United Nations Peacekeeping 
                               Operations

Sec. 931. Certification requirements

                 Chapter 4--Budget and Personnel Reform

Sec. 941. Certification requirements

                  Subtitle C--Miscellaneous Provisions

Sec. 951. Statutory construction on relation to existing laws
Sec. 952. Prohibition on payments relating to UNIDO and other 
    international organizations from which the United States has 
    withdrawn or rescinded funding

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                       PROVISIONS [see page 1570]

Sec. 1001. Short title............................................   165

               TITLE XI--ARMS CONTROL AND NONPROLIFERATION

Sec. 1101. Short title
Sec. 1102. Definitions

                        Subtitle A--Arms Control

   Chapter 1--Effective Verification of Compliance With Arms Control 
                               Agreements

Sec. 1111. Key Verification Assets Fund
Sec. 1112. Assistant Secretary of State for Verification and 
    Compliance
Sec. 1113. Enhanced annual (``Pell'') report
Sec. 1114. Report on START and START II Treaties monitoring issues
Sec. 1115. Standards for verification
Sec. 1116. Contribution to the advancement of seismology
Sec. 1117. Protection of United States companies
Sec. 1118. Requirement for transmittal of summaries

 Chapter 2--Matters Relating to the Control of Biological Weapons [see 
                               page 1676]

Sec. 1121. Short title
Sec. 1122. Definitions
Sec. 1123. Findings
Sec. 1124. Trial investigations and trial visits

    Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

Sec. 1131. Congressional notification of nonproliferation 
    activities
Sec. 1132. Effective use of resources for nonproliferation 
    programs
Sec. 1133. Disposition of weapons-grade material
Sec. 1134. Provision of certain information to Congress
Sec. 1135. Amended nuclear export reporting requirement
Sec. 1136. Adherence to the Missile Technology Control Regime
Sec. 1137. Authority relating to MTCR adherents
Sec. 1138. Transfer of funding for science and technology centers 
    in the former Soviet Union
Sec. 1139. Research and exchange activities by science and 
    technology centers

             TITLE XII--SECURITY ASSISTANCE [see volume I-A]

Sec. 1201. Short title

            Subtitle A--Transfers of Excess Defense Articles

Sec. 1211. Excess defense articles for Central and Southern 
    European countries
Sec. 1212. Excess defense articles for certain other countries
Sec. 1213. Increase in annual limitation on transfer of excess 
    defense articles

             Subtitle B--Foreign Military Sales Authorities

Sec. 1221. Termination of foreign military training
Sec. 1222. Sales of excess Coast Guard property
Sec. 1223. Competitive pricing for sales of defense articles
Sec. 1224. Notification of upgrades to direct commercial sales
Sec. 1225. Unauthorized use of defense articles

    Subtitle C--Stockpiling of Defense Articles for Foreign Countries

Sec. 1231. Additions to United States war reserve stockpiles for 
    allies
Sec. 1232. Transfer of certain obsolete or surplus defense 
    articles in the war reserves stockpile for allies

         Subtitle D--Defense Offsets Disclosure [see volume I-A]

Sec. 1241. Short title
Sec. 1242. Findings and declaration of policy
Sec. 1243. Definitions
Sec. 1244. Sense of Congress
Sec. 1245. Reporting of offset agreements
Sec. 1246. Expanded prohibition on incentive payments
Sec. 1247. Establishment of review commission
Sec. 1248. Multilateral strategy to address offsets

   Subtitle E--Automated Export System Relating to Export Information

                             [see page 1683]

Sec. 1251. Short title
Sec. 1252. Mandatory use of the Automated Export System for filing 
    certain Shippers' Export Declarations
Sec. 1253. Voluntary use of the Automated Export System
Sec. 1254. Report to appropriate committees of Congress
Sec. 1255. Acceleration of Department of State licensing 
    procedures
Sec. 1256. Definitions

    Subtitle F--International Arms Sales Code of Conduct Act of 1999

                            [see volume I-A]

Sec. 1261. Short title
Sec. 1262. International arms sales code of conduct

   Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

Sec. 1271. Authority to transfer naval vessels

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Publication of arms sales certifications
Sec. 1302. Notification requirements for commercial export of 
    items on United States Munitions List
Sec. 1303. Enforcement of Arms Export Control Act
Sec. 1304. Violations relating to material support to terrorists
Sec. 1305. Authority to consent to third party transfer of ex-
    U.S.S. Bowman County to USS 1st Ship Memorial, Inc.
Sec. 1306. Annual military assistance report
Sec. 1307. Annual foreign military training report
Sec. 1308. Security assistance for the Philippines
Sec. 1309. Effective regulation of satellite export activities
Sec. 1310. Study on licensing process under the Arms Export 
    Control Act
Sec. 1311. Report concerning proliferation of small arms
Sec. 1312. Conforming amendment

SEC. 3.\2\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
          (1) Appropriate congressional committees.--Except as 
        otherwise provided in section 902(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) Secretary.--The term ``Secretary'' means the 
        Secretary of State.

               DIVISION A--DEPARTMENT OF STATE PROVISIONS

               TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

                    Subtitle A--Department of State

SEC. 101. 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 public diplomacy activities and the diplomatic 
security program:
          (1) \3\ Diplomatic and consular programs.--
---------------------------------------------------------------------------
    \3\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

                   ``diplomatic and consular programs
---------------------------------------------------------------------------
    ``For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended, the 
Mutual Educational and Cultural Exchange Act of 1961, as amended, and 
the United States Information and Educational Exchange Act of 1948, as 
amended, including employment, without regard to civil service and 
classification laws, of persons on a temporary basis (not to exceed 
$700,000 of this appropriation), as authorized by section 801 of such 
Act; expenses authorized by section 9 of the Act of August 31, 1964, as 
amended; representation to certain international organizations in which 
the United States participates pursuant to treaties, ratified pursuant 
to the advice and consent of the Senate, or specific Acts of Congress; 
arms control, nonproliferation and disarmanent activities as authorized 
by the Arms Control and Disarmament Act of September 26, 1961, as 
amended; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by law; and for expenses of general 
administration, $2,569,825,000: Provided, That, of the amount made 
available under this heading, not to exceed $4,000,000 may be 
transferred to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: 
Provided further, That, of the amount made available under this 
heading, not to exceed $4,500,000 may be transferred to, and merged 
with, funds in the ``International Broadcasting Operations'' 
appropriations account only to avoid reductions in force at the Voice 
of America, subject to the reprogramming procedures described in 
section 605 of this Act: Provided further, That, in fiscal year 2000, 
all receipts collected from individuals for assistance in the 
preparation and filing of an affidavit of support pursuant to section 
213A of the Immigration and Nationality Act shall be deposited into 
this account as an offsetting collection and shall remain available 
until expended: Provided further, That of the amount made available 
under this heading, $236,291,000 shall be available only for public 
diplomacy international information programs: Provided further, That of 
the amount made available under this heading, $500,000 shall be 
available only for the National Law Center for Inter-American Free 
Trade: Provided further, That of the amount made available under this 
heading, $2,500,000 shall be available only for overseas continuing 
language education: Provided further, That of the amount made available 
under this heading, not to exceed $1,162,000 shall be available for 
transfer to the Presidential Advisory Commission on Holocaust Assets in 
the United States: Provided further, That any amount transferred 
pursuant to the previous proviso shall not result in a total amount 
transferred to the Commission from all Federal sources that exceeds the 
authorized amount: Provided further, That notwithstanding section 
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, fees may be 
collected during fiscal years 2000 and 2001, under the authority of 
section 140(a)(1) of that Act: Provided further, That all fees 
collected under the preceding proviso shall be deposited in fiscal 
years 2000 and 2001 as an offsetting collection to appropriations made 
under this heading to recover costs as set forth under section 
140(a)(2) of that Act and shall remain available until expended: 
Provided further, That of the amount made available under this heading, 
$10,000,000 is appropriated for a Northern Boundary and Transboundary 
Rivers Restoration Fund: Provided further, That of the amount made 
available under this heading, not less than $9,000,000 shall be 
available for the Office of Defense Trade Controls.
    ``In addition, not to exceed $1,252,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act, as amended; in addition, as authorized by 
section 5 of such Act, $490,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; in addition, as authorized by section 810 of the United States 
Information and Educational Exchange Act, not to exceed $6,000,000, to 
remain available until expended, may be credited to this appropriation 
from fees or other payments received from English teaching, library, 
motion pictures, and publication programs, and from fees from 
educational advising and counseling, and exchange visitor programs; 
and, in addition, not to exceed $15,000, which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities 
in accordance with section 46 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2718(a)).
    ``In addition, for the costs of worldwide security upgrades, 
$254,000,000, to remain available until expended.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-90), provided 
the following:
---------------------------------------------------------------------------

                   ``diplomatic and consular programs
---------------------------------------------------------------------------
    ``For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized; representation to certain international organizations in 
which the United States participates pursuant to treaties, ratified 
pursuant to the advice and consent of the Senate, or specific Acts of 
Congress; arms control, nonproliferation and disarmament activities as 
authorized; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by law; and for expenses of general 
administration, $2,758,725,000: Provided, That, of the amount made 
available under this heading, not to exceed $4,000,000 may be 
transferred to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: 
Provided further, That, in fiscal year 2001, all receipts collected 
from individuals for assistance in the preparation and filing of an 
affidavit of support pursuant to section 213A of the Immigration and 
Nationality Act shall be deposited into this account as an offsetting 
collection and shall remain available until expended: Provided further, 
That, of the amount made available under this heading, $246,644,000 
shall be available only for public diplomacy international information 
programs: Provided further, That of the amount made available under 
this heading, $5,000,000 shall be available only for overseas 
continuing language education: Provided further, That of the amount 
made available under this heading, not to exceed $1,400,000 shall be 
available for transfer to the Presidential Advisory Commission on 
Holocaust Assets in the United States: Provided further, That 
notwithstanding section 140(a)(5), and the second sentence of section 
140(a)(3), of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995, fees may be collected during fiscal years 2001 and 2002, 
under the authority of section 140(a)(1) of that Act: Provided further, 
That all fees collected under the preceding proviso shall be deposited 
in fiscal years 2001 and 2002 as an offsetting collection to 
appropriations made under this heading to recover costs as set forth 
under section 140(a)(2) of that Act and shall remain available until 
expended: Provided further, That advances for services authorized by 22 
U.S.C. 3620(c) may be credited to this account, to remain available 
until expended for such services: Provided further, That in fiscal year 
2001 and thereafter reimbursements for services provided to the press 
in connection with the travel of senior-level officials may be 
collected and credited to this appropriation and shall remain available 
until expended: Provided further, That no funds may be obligated or 
expended for processing licenses for the export of satellites of United 
States origin (including commercial satellites and satellite 
components) to the People's Republic of China, unless, at least 15 days 
in advance, the Committees on Appropriations of the House of 
Representatives and the Senate are notified of such proposed action: 
Provided further, That of the amount made available under this heading, 
$40,000,000 shall only be available to implement the 1999 Pacific 
Salmon Treaty Agreement, of which $10,000,000 shall be deposited in the 
Northern Boundary and Transboundary Rivers Restoration and Enhancement 
Fund, of which $10,000,000 shall be deposited in the Southern Boundary 
Restoration and Enhancement Fund, and of which $20,000,000 shall be for 
a direct payment to the State of Washington for obligations under the 
1999 Pacific Salmon Treaty Agreement.
    ``In addition, not to exceed $1,252,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act, as amended; in addition, as authorized by 
section 5 of such Act, $490,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; in addition, as authorized by section 810 of the United States 
Information and Educational Exchange Act, not to exceed $6,000,000, to 
remain available until expended, may be credited to this appropriation 
from fees or other payments received from English teaching, library, 
motion pictures, and publication programs, and from fees from 
educational advising and counseling, and exchange visitor programs; 
and, in addition, not to exceed $15,000, which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities.
    ``In addition, for the costs of worldwide security upgrades, 
$410,000,000, to remain available until expended.''.
---------------------------------------------------------------------------
                  (A) Authorization of appropriations.--For 
                ``Diplomatic and Consular Programs'' of the 
                Department of State, $2,837,772,000 for the 
                fiscal year 2000 and $3,263,438,000 for the 
                fiscal year 2001.
                  (B) Limitations.--
                          (i) Worldwide security upgrades.--Of 
                        the amounts authorized to be 
                        appropriated by subparagraph (A), 
                        $254,000,000 for the fiscal year 2000 
                        and $315,000,000 for the fiscal year 
                        2001 is authorized to be appropriated 
                        only for worldwide security upgrades.
                          (ii) Bureau of democracy, human 
                        rights, and labor.--Of the amounts 
                        authorized to be appropriated by 
                        subparagraph (A), $12,000,000 for the 
                        fiscal year 2000 and $12,000,000 for 
                        the fiscal year 2001 is authorized to 
                        be appropriated only for salaries and 
                        expenses of the Bureau of Democracy, 
                        Human Rights, and Labor.
                          (iii) Recruitment of minority 
                        groups.--Of the amounts authorized to 
                        be appropriated by subparagraph (A), 
                        $2,000,000 for fiscal year 2000 and 
                        $2,000,000 for fiscal year 2001 is 
                        authorized to be appropriated only for 
                        the recruitment of members of minority 
                        groups for careers in the Foreign 
                        Service and international affairs.
          (2) \4\ Capital investment fund.--For ``Capital 
        Investment Fund'' of the Department of State, 
        $90,000,000 for the fiscal year 2000 and $150,000,000 
        for the fiscal year 2001.
---------------------------------------------------------------------------
    \4\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

                       ``capital investment fund
---------------------------------------------------------------------------
    ``For necessary expenses of the Capital Investment Fund, 
$80,000,000, to remain available until expended, as authorized in 
Public Law 103-236: Provided, That section 135(e) of Public Law 103-236 
shall not apply to funds available under this heading.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-91), provided 
the following:
---------------------------------------------------------------------------

                       ``capital investment fund
---------------------------------------------------------------------------
    ``For necessary expenses of the Capital Investment Fund, 
$97,000,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103-236 shall not apply to 
funds available under this heading.''.
---------------------------------------------------------------------------
          (3) Embassy security, construction and maintenance.--
        For ``Embassy Security, Construction and Maintenance'', 
        $434,066,000 for the fiscal year 2000 and $445,000,000 
        for the fiscal year 2001.
          (4) \5\ Representation allowances.--For 
        ``Representation Allowances'', $5,850,000 for the 
        fiscal year 2000 and $5,850,000 for the fiscal year 
        2001.
---------------------------------------------------------------------------
    \5\ The Department of State and Related Agencies Appropriations 
Act, 2000 (title IV of H.R. 3421, enacted by reference in sec. 
1000(a)(1) of Public Law 106-113; 113 Stat. 1535), provided $5,850,000 
for ``Representation Allowances'' for fiscal year 2000.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-91), provided 
$6,499,000 for ``Representation Allowances''.
---------------------------------------------------------------------------
          (5) \6\ Emergencies in the diplomatic and consular 
        service.--For ``Emergencies in the Diplomatic and 
        Consular Service'', $17,000,000 for the fiscal year 
        2000 and $17,000,000 for the fiscal year 2001.
---------------------------------------------------------------------------
    \6\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

          ``emergencies in the diplomatic and consular service
---------------------------------------------------------------------------
    ``For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service 
pursuant to the requirement of 31 U.S.C. 3526(e), and as authorized by 
section 804(3) of the United States Information and Educational 
Exchange Act of 1948, as amended, $5,500,000, to remain available until 
expended as authorized by section 24(c) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed 
$1,000,000 may be transferred to and merged with the Repatriation Loans 
Program Account, subject to the same terms and conditions.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-91), provided 
the following:
---------------------------------------------------------------------------

          ``emergencies in the diplomatic and consular service
---------------------------------------------------------------------------
    ``For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$5,477,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.''.
    See also the paragraphs providing for diplomatic and consular 
programs, footnote 3, and the paragraph providing for the repatriation 
loans program account, footnote 10.
---------------------------------------------------------------------------
          (6) \7\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $30,054,000 for 
        the fiscal year 2000 and $30,054,000 for the fiscal 
        year 2001.
---------------------------------------------------------------------------
    \7\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

                     ``office of inspector general
---------------------------------------------------------------------------
    ``For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504), 
$20,000,000.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-91), provided 
the following:
---------------------------------------------------------------------------

                     ``office of inspector general
---------------------------------------------------------------------------
    ``For necessary expenses of the Office of Inspector General, 
$28,490,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980, as amended (Public Law 96-465), as it relates to post 
inspections.''.
---------------------------------------------------------------------------
          (7) \8\ Payment to the american institute in 
        taiwan.--For ``Payment to the American Institute in 
        Taiwan'', $15,760,000 for the fiscal year 2000 and 
        $15,918,000 for the fiscal year 2001.
---------------------------------------------------------------------------
    \8\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided $15,375,000 for ``Payment to the American Institute in 
Taiwan''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-92), provided 
$16,345,000 for ``Payment to the American Institute in Taiwan''.
---------------------------------------------------------------------------
          (8) \9\ Protection of foreign missions and 
        officials.--
---------------------------------------------------------------------------
    \9\ The Department of State and Related Agencies Appropriations 
Act, 2000 (title IV of H.R. 3421, enacted by reference in sec. 
1000(a)(1) of Public Law 106-113; 113 Stat. 1535), provided $8,100,000 
for ``Protection of Foreign Missions and Officials'' for fiscal year 
2000.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-91), provided 
$15,467,000fot ``Protection of Foreign Missions and Officials'', of 
which $5,000,000 was designated for reimbursement to the City of 
Seattle, Washington.
---------------------------------------------------------------------------
                  (A) Amounts authorized to be appropriated.--
                For ``Protection of Foreign Missions and 
                Officials'', $9,490,000 for the fiscal year 
                2000 and $9,490,000 for the fiscal year 2001.
                  (B) Availability of funds.--Each amount 
                appropriated pursuant to this paragraph is 
                authorized to remain available through 
                September 30 of the fiscal year following the 
                fiscal year for which the amount was 
                appropriated.
          (9) \10\ Repatriation loans.--For ``Repatriation 
        Loans'', $1,200,000 for the fiscal year 2000 and 
        $1,200,000 for the fiscal year 2001, for administrative 
        expenses.
---------------------------------------------------------------------------
    \10\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

                  ``repatriation loans program account
---------------------------------------------------------------------------
    ``For the cost of direct loans, $593,000, as authorized by section 
4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2671): Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974. In addition, for administrative expenses necessary to 
carry out the direct loan program, $607,000, which may be transferred 
to and merged with the Diplomatic and Consular Programs account under 
Administration of Foreign Affairs.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-92), provided 
the following:
---------------------------------------------------------------------------

                  ``repatriation loans program account
---------------------------------------------------------------------------
    ``For the cost of direct loans, $591,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974. In 
addition, for administrative expenses necessary to carry out the direct 
loan program, $604,000, which may be transferred to and merged with the 
Diplomatic and Consular Programs account under Administration of 
Foreign Affairs.''.
---------------------------------------------------------------------------

SEC. 102. 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) \11\ for ``Salaries and Expenses'', 
                $20,413,000 for the fiscal year 2000 and 
                $20,413,000 for the fiscal year 2001; and
---------------------------------------------------------------------------
    \11\ The Department of State and Related Agencies Appropriations 
Act, 2000 (title IV of H.R. 3421, enacted by reference in sec. 
1000(a)(1) of Public Law 106-113; 113 Stat. 1535), provided $19,551,000 
for ``Salaries and Expenses'' related to the International Boundary and 
Water Commission, United States and Mexico, for fiscal year 2000.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-94), provided 
$7,142,000 for ``Salaries and Expenses'' related to the International 
Boundary and Water Commission, United States and Mexico.
---------------------------------------------------------------------------
                  (B) \12\ for ``Construction'', $8,435,000 for 
                the fiscal year 2000 and $8,435,000 for the 
                fiscal year 2001.
---------------------------------------------------------------------------
    \12\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided $5,939,000 for ``Construction'' related to the International 
Boundary and Water Commission, United States and Mexico, to remain 
available until expended.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-94), provided 
$22,950,000 for ``Construction'' related to the International Boundary 
and Water Commission, United States and Mexico, to remain available 
until expended.
---------------------------------------------------------------------------
          (2) \13\ International boundary commission, united 
        states and canada.--For ``International Boundary 
        Commission, United States and Canada'', $859,000 for 
        the fiscal year 2000 and $859,000 for the fiscal year 
        2001.
---------------------------------------------------------------------------
    \13\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

             ``american sections, international commissions
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$5,733,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint 
Commission.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-94), provided 
the following:
---------------------------------------------------------------------------

             ``american sections, international commissions
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$6,741,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint 
Commission.''.
---------------------------------------------------------------------------
          (3) \13\ International joint commission.--For 
        ``International Joint Commission'', $3,819,000 for the 
        fiscal year 2000 and $3,819,000 for the fiscal year 
        2001.
          (4) \14\ International fisheries commissions.--For 
        ``International Fisheries Commissions'', $16,702,000 
        for the fiscal year 2000 and $16,702,000 for the fiscal 
        year 2001.
---------------------------------------------------------------------------
    \14\ The Department of State and Related Agencies Appropriations 
Act, 2000 (title IV of H.R. 3421, enacted by reference in sec. 
1000(a)(1) of Public Law 106-113; 113 Stat. 1535), provided $15,549,000 
for ``International Fisheries Commissions'' for fiscal year 2000.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-94), provided 
$19,392,000 for ``International Fisheries Commissions''.
---------------------------------------------------------------------------

SEC. 103.\15\ MIGRATION AND REFUGEE ASSISTANCE.
    (a) Migration and Refugee Assistance.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated for ``Migration and 
        Refugee Assistance'' for authorized activities, 
        $750,000,000 for the fiscal year 2000 and $750,000,000 
        for the fiscal year 2001.
---------------------------------------------------------------------------
    \15\ Appropriations for Migration and Refugee Assistance are 
administered by the State Department and provided for in the annual 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act.
    Fiscal year 2000 appropriations levels and conditions were provided 
in title II of H.R. 3422, enacted by reference in sec. 1000(a)(2) of 
Public Law 106-113 (113 Stat. 1535):
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $625,000,000, of which $21,000,000 shall become available for 
obligation on September 30, 2000, and remain available until expended: 
Provided, That not more than $13,800,000 shall be available for 
administrative expenses: Provided further, That not less than 
$60,000,000 shall be made available for refugees from the former Soviet 
Union and Eastern Europe and other refugees resettling in Israel.
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 260(c)), $12,500,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Act which would limit the amount of funds which could be 
appropriated for this purpose.''.
    Fiscal year 2001 appropriations levels and conditions were provided 
in title II of the Foreign Operations, Export Financing and Related 
Programs Appropriations Act, 2001 (H.R. 5526, enacted by reference in 
sec. 101(a) of Public Law 106-429; 114 Stat. 1900A-15):
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $700,000,000, which shall remain available until expended: 
Provided, That not more than $14,500,000 shall be available for 
administrative expenses: Provided further, That funds appropriated 
under this heading to support activities and programs conducted by the 
United Nations High Commissioner for Refugees shall be made available 
after reporting at least 5 days in advance to the Committees on 
Appropriations: Provided further, That the reporting requirement 
contained in the previous proviso may be waived for any such obligation 
if failure to waive this requirement would pose a substantial risk to 
human health or welfare: Provided further, That in case of any such 
waiver, a report to the Committees on Appropriations shall be provided 
as early as practicable, but in no event later than 5 days after such 
obligation: Provided further, That not less than $60,000,000 of the 
funds made available under this heading shall be made available for 
refugees from the former Soviet Union and Eastern Europe and other 
refugees resettling in Israel.
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $15,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Act which would limit the amount of funds which could be 
appropriated for this purpose.''.
---------------------------------------------------------------------------
          (2) Limitations.--
                  (A) Tibetan refugees in india and nepal.--Of 
                the amounts authorized to be appropriated in 
                paragraph (1), $2,000,000 for the fiscal year 
                2000 and $2,000,000 for the fiscal year 2001 is 
                authorized to be available for humanitarian 
                assistance, including food, medicine, clothing, 
                and medical and vocational training, to Tibetan 
                refugees in India and Nepal who have fled 
                Chinese-occupied Tibet.
                  (B) Refugees resettling in israel.--Of the 
                amounts authorized to be appropriated in 
                paragraph (1), $60,000,000 for the fiscal year 
                2000 and $60,000,000 for the fiscal year 2001 
                is authorized to be available only for 
                assistance for refugees resettling in Israel 
                from other countries.
                  (C) Humanitarian assistance for displaced 
                burmese.--Of the amounts authorized to be 
                appropriated in paragraph (1), $2,000,000 for 
                the fiscal year 2000 and $2,000,000 for the 
                fiscal year 2001 are authorized to be available 
                for humanitarian assistance (including food, 
                medicine, clothing, and medical and vocational 
                training) to persons displaced as a result of 
                civil conflict in Burma, including persons 
                still within Burma.
                  (D) Assistance for displaced sierra 
                leoneans.--Of the amounts authorized to be 
                appropriated in paragraph (1), $2,000,000 for 
                the fiscal year 2000 and $2,000,000 for the 
                fiscal year 2001 are authorized to be available 
                for humanitarian assistance (including food, 
                medicine, clothing, and medical and vocational 
                training) and resettlement of persons who have 
                been severely mutilated as a result of civil 
                conflict in Sierra Leone, including persons 
                still within Sierra Leone.
          (E) International rape counseling program.--Of the 
        amounts authorized to be appropriated in paragraph (1), 
        $1,000,000 for the fiscal year 2000 and $1,000,000 for 
        the fiscal year 2001 are authorized to be appropriated 
        for a program of counseling for female victims of rape 
        and gender violence in times of conflict and war.
    (b) Availability of Funds.--Funds appropriated pursuant to 
this section are authorized to remain available until expended.

SEC. 104. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                    PROGRAMS.

    (a) \16\ In General.--The following amounts are authorized 
to be appropriated for the Department of State 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 Dante B. Fascell North-South Center Act of 1991, 
and the National Endowment for Democracy Act, other such 
programs including the Claude and Mildred Pepper Scholarship 
Program of the Washington Workshops Foundation and the Mike 
Mansfield Fellowship Program, and to carry out other 
authorities in law consistent with such purposes:
---------------------------------------------------------------------------
    \16\ The Department of State and Related Agencies Appropriations 
Act, 2000 (title IV of H.R. 3421, enacted by reference in sec. 
1000(a)(1) of Public Law 106-113; 113 Stat. 1535), provided the 
following for fiscal year 2000:
---------------------------------------------------------------------------

              ``educational and cultural exchange programs
---------------------------------------------------------------------------
    ``For expenses of educational and cultural exchange programs, as 
authorized by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977, as amended (91 Stat. 1636), $205,000,000, to remain available 
until expended as authorized by section 105 of such Act of 1961 (22 
U.S.C. 2455): Provided, That not to exceed $800,000, to remain 
available until expended, may be credited to this appropriation from 
fees or other payments received from or in connection with English 
teaching and educational advising and counseling programs as authorized 
by section 810 of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1475e).''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-91), provided 
the following:
---------------------------------------------------------------------------

              ``educational and cultural exchange programs
---------------------------------------------------------------------------
    ``For expenses of educational and cultural exchange programs, as 
authorized, $231,587,000, to remain available until expended: Provided, 
That not to exceed $800,000, to remain available until expended, may be 
credited to this appropriation from fees or other payments received 
from or in connection with English teaching and educational advising 
and counseling programs as authorized.''.
---------------------------------------------------------------------------
          (1) Educational and cultural exchange programs.--
                  (A) Fulbright academic exchange programs.--
                For the ``Fulbright Academic Exchange 
                Programs'' (other than programs described in 
                subparagraph (B)), $112,000,000 for the fiscal 
                year 2000 and $120,000,000 for the fiscal year 
                2001.
                  (B) Other educational and cultural exchange 
                programs.--
                          (i) In general.--For other 
                        educational and cultural exchange 
                        programs authorized by law, including 
                        the Claude and Mildred Pepper 
                        Scholarship Program of the Washington 
                        Workshops Foundation and Mike Mansfield 
                        Fellowship Program, $98,329,000 for the 
                        fiscal year 2000 and $105,000,000 for 
                        the fiscal year 2001.
                          (ii) South pacific exchanges.--Of the 
                        amounts authorized to be appropriated 
                        under clause (i), $750,000 for the 
                        fiscal year 2000 and $750,000 for the 
                        fiscal year 2001 is authorized to be 
                        available for ``South Pacific 
                        Exchanges''.
                          (iii) East timorese scholarships.--Of 
                        the amounts authorized to be 
                        appropriated under clause (i), $500,000 
                        for the fiscal year 2000 and $500,000 
                        for the fiscal year 2001 is authorized 
                        to be available for ``East Timorese 
                        Scholarships''.
                          (iv) Tibetan exchanges.--Of the 
                        amounts authorized to be appropriated 
                        under clause (i), $500,000 for the 
                        fiscal year 2000 and $500,000 for the 
                        fiscal year 2001 is authorized to be 
                        available for ``Ngawang Choephel 
                        Exchange Programs'' (formerly known as 
                        educational and cultural exchanges with 
                        Tibet) under section 103(a) of the 
                        Human Rights, Refugee, and Other 
                        Foreign Relations Provisions Act of 
                        1996 (Public Law 104-319).
                          (v) African exchanges.--Of the 
                        amounts authorized to be appropriated 
                        under clause (i), $500,000 for the 
                        fiscal year 2000 and $500,000 for the 
                        fiscal year 2001 is authorized to be 
                        available only for ``Educational and 
                        Cultural Exchanges with Sub-Saharan 
                        Africa''.
                          (vi) \17\ Israel-arab peace partners 
                        program.--Of the amounts authorized to 
                        be appropriated under clause (i), 
                        $750,000 for the fiscal year 2000 and 
                        $750,000 for the fiscal year 2001 is 
                        authorized to be available only for 
                        people-to-people activities (with a 
                        focus on young people) to support the 
                        Middle East peace process involving 
                        participants from Israel, the 
                        Palestinian Authority, Arab countries, 
                        and the United States, to be known as 
                        the ``Israel-Arab Peace Partners 
                        Program''. Not later than 90 days after 
                        the date of the enactment of this Act, 
                        the Secretary of State shall submit a 
                        plan to the appropriate congressional 
                        committees for implementation of such 
                        program. The Secretary shall not 
                        implement the plan until 45 days after 
                        its submission to the appropriate 
                        congressional committees.
---------------------------------------------------------------------------
    \17\ See also sec. 214 of Public Law 102-138 (22 U.S.C. 2452), page 
1283.
    The Department of State and Related Agency Appropriations Act, 2001 
(title IV of H.R. 5548, enacted by reference in sec. 101(a)(2) of 
Public Law 106-553; 114 Stat. 2762A-95), provided the following:
---------------------------------------------------------------------------

                   ``israeli arab scholarship program
---------------------------------------------------------------------------
    ``For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 2001, to remain available until expended.''.
---------------------------------------------------------------------------
          (2) National endowment for democracy.--
                  (A) \18\ Authorization of appropriations.--
                For the ``National Endowment for Democracy'', 
                $32,000,000 for the fiscal year 2000 and 
                $32,000,000 for the fiscal year 2001.
---------------------------------------------------------------------------
    \18\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided $31,000,000 for the ``National Endowment for Democracy'' to 
remain available until expended.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-95), provided 
$30,999,000, to remain available until expended.
---------------------------------------------------------------------------
                  (B) Reagan-fascell democracy fellows.--Of the 
                amount authorized to be appropriated by 
                subparagraph (A), $1,000,000 for fiscal year 
                2000 and $1,000,000 for the fiscal year 2001 is 
                authorized to be appropriated only for a 
                fellowship program, to be known as the 
                ``Reagan-Fascell Democracy Fellows'', for 
                democracy activists and scholars from around 
                the world at the International Forum for 
                Democratic Studies in Washington, D.C., to 
                study, write, and exchange views with other 
                activists and scholars and with Americans.
          (3) \19\ Dante b. fascell north-south center.--For 
        ``Dante B. Fascell North-South Center'' $2,500,000 for 
        the fiscal year 2000 and $2,500,000 for the fiscal year 
        2001.
---------------------------------------------------------------------------
    \19\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided $1,750,000 for the ``North/South Center'' to remain available 
until expended. Funding for the Fascell Center for fiscal year 2001 is 
drawn from those funds appropriated for educational and cultural 
exchange programs.
---------------------------------------------------------------------------
          (4) \20\ Center for cultural and technical 
        interchange between east and west.--For the ``Center 
        for Cultural and Technical Interchange between East and 
        West'', $12,500,000 for the fiscal year 2000 and 
        $12,500,000 for the fiscal year 2001.
---------------------------------------------------------------------------
    \20\ The Department of State and Related Agencies Appropriations 
Act, 2000 (title IV of H.R. 3421, enacted by reference in sec. 
1000(a)(1) of Public Law 106-113; 113 Stat. 1535), provided $12,500,000 
for the ``East-West Center'' for fiscal year 2000.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-95), provided 
$13,500,000 for the ``East-West Center''.
---------------------------------------------------------------------------
    (b) Muskie Fellowships.--
          (1) Exchanges with russia.--Of the amounts authorized 
        to be appropriated by this or any other Act for the 
        fiscal years 2000 and 2001 for exchange programs with 
        the Russian Federation, $5,000,000 for fiscal year 2000 
        and $5,000,000 for fiscal year 2001 shall be available 
        only to carry out the Edmund S. Muskie Program under 
        section 227 of the Foreign Relations Authorization Act, 
        Fiscal Years 1992 and 1993 (Public Law 102-138; 22 
        U.S.C. 2452 note).
          (2) Doctoral graduate studies for nationals of the 
        independent states of the former soviet union.--Of the 
        amounts authorized to be appropriated by this or any 
        other Act for the fiscal years 2000 and 2001 for 
        exchange programs, $1,500,000 for fiscal year 2000 and 
        $1,500,000 for fiscal year 2001 shall be available only 
        to provide scholarships for doctoral graduate study in 
        economics to nationals of the independent states of the 
        former Soviet Union under the Edmund S. Muskie 
        Fellowship Program authorized by section 227 of the 
        Foreign Relations Authorization Act, Fiscal Years 1992 
        and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).
    (c) Vietnam Fulbright Academic Exchange Program.--Of the 
amounts authorized to be appropriated by subsection (a)(1)(A), 
$4,000,000 for the fiscal year 2000 and $4,000,000 for the 
fiscal year 2001 shall be available only to carry out the 
Vietnam scholarship program established by section 229 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(Public Law 102-138; 22 U.S.C. 2452 note).

SEC. 105. GRANTS TO THE ASIA FOUNDATION.

    Section 404 of The Asia Foundation Act (title IV of Public 
Law 98-164; 22 U.S.C. 4403) is amended to read as follows:
    ``Sec. 404. There are authorized to be appropriated to the 
Secretary of State $15,000,000 for each of the fiscal years 
2000 and 2001 for grants to The Asia Foundation pursuant to 
this title.''.\21\
---------------------------------------------------------------------------
    \21\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided $8,250,000 for the Asia Foundation to remain available until 
expended.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-94), provided 
$9,250,000 for the Asia Foundation, to remain available until expended.
---------------------------------------------------------------------------

SEC. 106.\22\ CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    (a) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated under the heading ``Contributions to 
        International Organizations'' $940,000,000 for the 
        fiscal year 2000 and such sums as may be necessary for 
        the fiscal year 2001 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.
---------------------------------------------------------------------------
    \22\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

             ``International Organizations and Conferences

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties, ratified pursuant to the advice 
and consent of the Senate, conventions or specific Acts of Congress, 
$885,203,000: Provided, That any payment of arrearages under this title 
shall be directed toward special activities that are mutually agreed 
upon by the United States and the respective international 
organization: Provided further, That none of the funds appropriated in 
this paragraph shall be available for a United States contribution to 
an international organization for the United States share of interest 
costs made known to the United States Government by such organization 
for loans incurred on or after October 1, 1984, through external 
borrowings: Provided further, That funds appropriated under this 
paragraph may be obligated and expended to pay the full United States 
assessment to the civil budget of the North Atlantic Treaty 
Organization.''.
---------------------------------------------------------------------------
          * * * * * * *

                          ``arrearage payments
---------------------------------------------------------------------------
    ``For an additional amount for payment of arrearages to meet 
obligations of authorized membership in international multilateral 
organizations, and to pay assessed expenses of international 
peacekeeping activities, $244,000,000, to remain available until 
expended: Provided, That none of the funds appropriated or otherwise 
made available under this heading for payment of arrearages may be 
obligated or expended until such time as the share of the total of all 
assessed contributions for any designated specialized agency of the 
United Nations does not exceed 22 percent for any single member of the 
agency, and the designated specialized agencies have achieved zero 
nominal growth in their biennium budgets for 2000-2001 from the 1998-
1999 biennium budget levels of the respective agencies: Provided 
futher, That, notwithstanding the preceding proviso, an additional 
amount, not to exceed $107,000,000, which is owed by the United Nations 
to the United States as a reimbursement, including any reimbursement 
under the Foreign Assistance Act of 1961 or the United Nations 
Participation Act of 1945, that was owed to the United States before 
the date of the enactment of this Act shall be applied or used, without 
fiscal year limitations, to reduce any amount owed by the United States 
to the United Nations.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-92), provided 
the following:
---------------------------------------------------------------------------

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$870,833,000: Provided, That any payment of arrearages under this title 
shall be directed toward special activities that are mutually agreed 
upon by the United States and the respective international 
organization: Provided further, That none of the funds appropriated in 
this paragraph shall be available for a United States contribution to 
an international organization for the United States share of interest 
costs made known to the United States Government by such organization 
for loans incurred on or after October 1, 1984, through external 
borrowings: Provided further, That of the funds appropriated in this 
paragraph, $100,000,000 may be made available only pursuant to a 
certification by the Secretary of State that the United Nations has 
taken no action in calendar year 2000 prior to the date of enactment of 
this Act to increase funding for any United Nations program without 
identifying an offsetting decrease elsewhere in the United Nations 
budget and cause the United Nations to exceed the budget for the 
biennium 2000-2001 of $2,535,700,000: Provided further, That if the 
Secretary of State is unable to make the aforementioned certification, 
the $100,000,000 is to be applied to paying the current year assessment 
for other international organizations for which the assessment has not 
been paid in full or to paying the assessment due in the next fiscal 
year for such organizations, subject to the reprogramming procedures 
contained in Section 605 of this Act: Provided further, That funds 
appropriated under this paragraph may be obligated and expended to pay 
the full United States assessment to the civil budget of the North 
Atlantic Treaty Organization.''.
---------------------------------------------------------------------------
          (2) Availability of funds for civil budget of nato.--
        Of the amounts authorized in paragraph (1), $48,977,000 
        are authorized in fiscal year 2000 and such sums as may 
        be necessary in fiscal year 2001 for the United States 
        assessment for the civil budget of the North Atlantic 
        Treaty Organization.
    (b) No Growth Budget.--Of the funds made available under 
subsection (a), $80,000,000 may be made available during each 
calendar year only after the Secretary of State certifies that 
the United Nations has taken no action during the preceding 
calendar year to increase funding for any United Nations 
program without identifying an offsetting decrease during that 
calendar year elsewhere in the United Nations budget of 
$2,533,000,000, and cause the United Nations to exceed the 
initial 1998-99 United Nations biennium budget adopted in 
December 1997.
    (c) Inspector General of the United Nations.--
          (1) Withholding of funds.--Twenty percent of the 
        funds made available in each fiscal year under 
        subsection (a) for the assessed contribution of the 
        United States to the United Nations shall be withheld 
        from obligation and expenditure until a certification 
        is made under paragraph (2).
          (2) Certification.--A certification under this 
        paragraph is a certification by the Secretary of State 
        in the fiscal year concerned that the following 
        conditions are satisfied:
                  (A) Action by the united nations.--The United 
                Nations--
                          (i) has met the requirements of 
                        paragraphs (1) through (6) of section 
                        401(b) of the Foreign Relations 
                        Authorization Act, Fiscal Years 1994 
                        and 1995 (22 U.S.C. 287e note), as 
                        amended by paragraph (3);
                          (ii) has established procedures that 
                        require the Under Secretary General of 
                        the Office of Internal Oversight 
                        Services to report directly to the 
                        Secretary General on the adequacy of 
                        the Office's resources to enable the 
                        Office to fulfill its mandate; and
                          (iii) has made available an adequate 
                        amount of funds to the Office for 
                        carrying out its functions.
                  (B) Authority by oios.--The Office of 
                Internal Oversight Services has authority to 
                audit, inspect, or investigate each program, 
                project, or activity funded by the United 
                Nations, and each executive board created under 
                the United Nations has been notified of that 
                authority.
          (3) Amendment of the foreign relations authorization 
        act, fiscal years 1994 and 1995.--Section 401(b) of the 
        Foreign Relations Authorization Act, Fiscal Years 1994 
        and 1995 is amended--
                  (A) by amending paragraph (6) to read as 
                follows:
          ``(6) the United Nations has procedures in place to 
        ensure that all reports submitted by the Office of 
        Internal Oversight Services are made available to the 
        member states of the United Nations without 
        modification except to the extent necessary to protect 
        the privacy rights of individuals.''; and
                  (B) by striking ``Inspector General'' each 
                place it appears and inserting ``Office of 
                Internal Oversight Services''.
    (d) Prohibition on Certain Global Conferences.--None of the 
funds made available under subsection (a) shall be available 
for any United States contribution to pay for any expense 
related to the holding of any United Nations global conference, 
except for any conference scheduled prior to October 1, 1998.
    (e) Prohibition on Funding Other Framework Treaty-Based 
Organizations.--None of the funds made available for the 1998-
1999 biennium budget under subsection (a) for United States 
contributions to the regular budget of the United Nations shall 
be available for the United States proportionate share of any 
other framework treaty-based organization, including the 
Framework Convention on Global Climate Change, the 
International Seabed Authority, the Desertification Convention, 
and the International Criminal Court.
    (f) Foreign Currency Exchange Rates.--
          (1) Authorization of appropriations.--In addition to 
        amounts authorized to be appropriated by subsection 
        (a), there are authorized to be appropriated such sums 
        as may be necessary for each of fiscal years 2000 and 
        2001 to offset adverse fluctuations in foreign currency 
        exchange rates.
          (2) Availability of funds.--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.
    (g) \23\ Refund of Excess Contributions.--The United States 
shall continue to insist that the United Nations and its 
specialized and affiliated agencies shall credit or refund to 
each member of the agency concerned its proportionate share of 
the amount by which the total contributions to the agency 
exceed the expenditures of the regular assessed budgets of 
these agencies.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 287e note.
---------------------------------------------------------------------------

SEC. 107.\24\ CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
    There are authorized to be appropriated under the heading 
``Contributions for International Peacekeeping Activities'' 
$500,000,000 for the fiscal year 2000 and such sums as may be 
necessary for the fiscal year 2001 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.
---------------------------------------------------------------------------
    \24\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

       ``contributions for international peacekeeping activities
---------------------------------------------------------------------------
    ``For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $500,000,000, of which 
not to exceed $20,000,000 shall remain available until September 30, 
2001: Provided, That none of the funds made available under this Act 
shall be obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency, as far in advance as is practicable): (1) the 
Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is 
submitted, and the procedures therein followed, setting forth the 
source of funds that will be used to pay for the cost of the new or 
expanded mission: Provided further, That funds shall be available for 
peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services, and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers: Provided further, That none of the funds made available 
under this heading are available to pay the United States share of the 
cost of court monitoring that is part of any United Nations 
peacekeeping mission.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-93), provided 
the following:
---------------------------------------------------------------------------

       ``contributions for international peacekeeping activities
---------------------------------------------------------------------------
    ``For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $846,000,000, of which 
15 percent shall remain available until September 30, 2002: Provided, 
That none of the funds made available under this Act shall be obligated 
or expended for any new or expanded United Nations peacekeeping mission 
unless, at least 15 days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an emergency, as 
far in advance as is practicable): (1) the Committees on Appropriations 
of the House of Representatives and the Senate and other appropriate 
committees of the Congress are notified of the estimated cost and 
length of the mission, the vital national interest that will be served, 
and the planned exit strategy; and (2) a reprogramming of funds 
pursuant to section 605 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided further, 
That funds shall be available for peacekeeping expenses only upon a 
certification by the Secretary of State to the appropriate committees 
of the Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services, and material for 
United Nations peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers: Provided further, That none of the 
funds made available under this heading are available to pay the United 
States share of the cost of court monitoring that is part of any United 
Nations peacekeeping mission.''.
    See also paragraph relating to arrearage payments, footnote 22.
---------------------------------------------------------------------------

SEC. 108. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated for ``Voluntary Contributions to 
International Organizations'', $293,000,000 for the fiscal year 
2000 and such sums as may be necessary for the fiscal year 
2001.
    (b) Limitations on Authorizations of Appropriations.--
          (1) World food program.--Of the amounts authorized to 
        be appropriated under subsection (a), $5,000,000 for 
        the fiscal year 2000 and $5,000,000 for the fiscal year 
        2001 is authorized to be appropriated only for a United 
        States contribution to the World Food Program.
          (2) United nations voluntary fund for victims of 
        torture.--Of the amounts authorized to be appropriated 
        under subsection (a), $5,000,000 for the fiscal year 
        2000 and $5,000,000 for the fiscal year 2001 is 
        authorized to be appropriated only for a United States 
        contribution to the United Nations Voluntary Fund for 
        Victims of Torture.
          (3) Organization of american states.--Of the amounts 
        authorized to be appropriated under subsection (a), 
        $240,000 for the fiscal year 2000 and $240,000 for the 
        fiscal year 2001 is authorized to be appropriated only 
        for a United States contribution to the Organization of 
        American States for the Office of the Special 
        Rapporteur for Freedom of Expression in the Western 
        Hemisphere to conduct investigations, including field 
        visits, to establish a network of nongovernmental 
        organizations, and to hold hemispheric conferences, of 
        which $6,000 for each fiscal year is authorized to be 
        appropriated only for the investigation and 
        dissemination of information on violations of freedom 
        of expression by the Government of Cuba, $6,000 for 
        each fiscal year is authorized to be appropriated only 
        for the investigation and dissemination of information 
        on violations of freedom of expression by the 
        Government of Peru, and $6,000 for each fiscal year is 
        authorized to be appropriated only for the 
        investigation and dissemination of information on 
        violations of freedom of expression by the Government 
        of Colombia.
          (4) UNICEF.--Of the amounts authorized to be 
        appropriated under subsection (a), $110,000,000 for the 
        fiscal year 2000 is authorized to be appropriated only 
        for a United States contribution to UNICEF.
    (c) \25\ Restrictions on United States Voluntary 
Contributions to United Nations Development Program.--
---------------------------------------------------------------------------
    \25\ In Delegation of Authority No. 238 of February 9, 2000, the 
Secretary of State delegated authority in sec. 108(c) to the Assistant 
Secretary of State for International Organization Affairs (65 F.R. 
7903).
---------------------------------------------------------------------------
          (1) Limitation.--Of the amounts made available under 
        subsection (a) for each of the fiscal years 2000 and 
        2001 for United States voluntary contributions to the 
        United Nations Development Program an amount equal to 
        the amount the United Nations Development Program will 
        spend in Burma during each fiscal year shall be 
        withheld unless during such fiscal year the Secretary 
        of State submits to the appropriate congressional 
        committees the certification described in paragraph 
        (2).
          (2) Certification.--The certification referred to in 
        paragraph (1) is a certification by the Secretary of 
        State that all programs and activities of the United 
        Nations Development Program (including United Nations 
        Development Program--Administered Funds) in Burma--
                  (A) are focused on eliminating human 
                suffering and addressing the needs of the poor;
                  (B) are undertaken only through international 
                or private voluntary organizations that have 
                been deemed independent of the State Peace and 
                Development Council (SPDC) (formerly known as 
                the State Law and Order Restoration Council 
                (SLORC)), after consultation with the 
                leadership of the National League for Democracy 
                and the leadership of the National Coalition 
                Government of the Union of Burma;
                  (C) provide no financial, political, or 
                military benefit to the SPDC; and
                  (D) are carried out only after consultation 
                with the leadership of the National League for 
                Democracy and the leadership of the National 
                Coalition Government of the Union of Burma.
    (d) Contributions to the United Nations Fund for Population 
Activities.--
          (1) Limitations on amount of contribution.--Of the 
        amounts made available under subsection (a), not more 
        than $25,000,000 for fiscal year 2000 and $25,000,000 
        for fiscal year 2001 shall be available for the United 
        Nations Fund for Population Activities (hereinafter in 
        this subsection referred to as the ``UNFPA'').
          (2) Prohibition on use of funds in china.--None of 
        the funds made available under subsection (a) may be 
        made available for the UNFPA for a country program in 
        the People's Republic of China.
          (3) Conditions on availability of funds.--Amounts 
        made available under subsection (a) for each of the 
        fiscal years 2000 and 2001 for the UNFPA may not be 
        made available to the UNFPA unless--
                  (A) the UNFPA maintains amounts made 
                available to the UNFPA under this section in an 
                account separate from other accounts of the 
                UNFPA;
                  (B) the UNFPA does not commingle amounts made 
                available to the UNFPA under this section with 
                other sums; and
                  (C) the UNFPA does not fund abortions.
          (4) Report to congress and withholding of funds.--
                  (A) Not later than February 15, of each of 
                the years 2000 and 2001, the Secretary of State 
                shall submit a report to the appropriate 
                congressional committees indicating the amount 
                of funds that the United Nations Fund for 
                Population Activities is budgeting for the year 
                in which the report is submitted for a country 
                program in the People's Republic of China.
                  (B) If a report under subparagraph (A) 
                indicates that the United Nations Population 
                Fund plans to spend funds for a country program 
                in the People's Republic of China in the year 
                covered by the report, then the amount of such 
                funds that the UNFPA plans to spend in the 
                People's Republic of China shall be deducted 
                from the funds made available to the UNFPA 
                after March 1 for obligation for the remainder 
                of the fiscal year in which the report is 
                submitted.
    (e) Availability of Funds.--Amounts authorized to be 
appropriated under subsection (a) are authorized to remain 
available until expended.

    Subtitle B--United States International Broadcasting Activities

SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated to carry out the United States International 
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, 
and the Television Broadcasting to Cuba Act, and to carry out 
other authorities in law consistent with such purposes:
          (1) \26\ International broadcasting activities.--For 
        ``International Broadcasting Activities'', $385,900,000 
        for the fiscal year 2000, and $393,618,000 for the 
        fiscal year 2001.
---------------------------------------------------------------------------
    \26\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

                   ``Broadcasting Board of Governors

                ``international broadcasting operations
---------------------------------------------------------------------------
    ``For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized by the United States Information and 
Educational Exchange Act of 1948, as amended, the United States 
International Broadcasting Act of 1994, as amended, Reorganization Plan 
No. 2 of 1977, as amended, and the Foreign Affairs Reform and 
Restructuring Act of 1998, to carry out international communication 
activities, $388,421,000, of which not to exceed $16,000 may be used 
for official receptions within the United States as authorized by 
section 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed 
$35,000 may be used for representation abroad as authorized by section 
302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign 
Service Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be 
used for official reception and representation expenses of Radio Free 
Europe/Radio Liberty; and in addition, notwithstanding any other 
provision of law, not to exceed $2,000,000 in receipts from advertising 
and revenue from business ventures, not to exceed $500,000 in receipts 
from cooperating international organizations, and not to exceed 
$1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, to remain available 
until expended for carrying out authorized purposes.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-95), provided 
the following:
---------------------------------------------------------------------------

                   ``Broadcasting Board of Governors

                ``international broadcasting operations
---------------------------------------------------------------------------
    ``For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, $398,971,000, of which not to exceed $16,000 may be used 
for official receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as authorized, and 
not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and in 
addition, notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from business 
ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain available until expended 
for carrying out authorized purposes.''.
---------------------------------------------------------------------------
          (2) \27\ Broadcasting capital improvements.--For 
        ``Broadcasting Capital Improvements'', $20,868,000 for 
        the fiscal year 2000, and $20,868,000 for the fiscal 
        year 2001.
---------------------------------------------------------------------------
    \27\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

                  ``broadcasting capital improvements
---------------------------------------------------------------------------
    ``For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception as authorized by section 801 of the United 
States Information and Educational Exchange Act of 1948 (22 U.S.C. 
1471), $11,258,000, to remain available until expended, as authorized 
by section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-95), provided 
the following:
---------------------------------------------------------------------------

                  ``broadcasting capital improvements
---------------------------------------------------------------------------
    ``For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception as authorized, $20,358,000, to remain 
available until expended, as authorized.''.
---------------------------------------------------------------------------
          (3) \28\ Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $22,743,000 for the fiscal year 2000 and 
        $22,743,000 for the fiscal year 2001.
---------------------------------------------------------------------------
    \28\ For fiscal year 2000, the Department of State and Related 
Agencies Appropriations Act, 2000 (title IV of H.R. 3421, enacted by 
reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1535), 
provided the following:
---------------------------------------------------------------------------

                         ``broadcasting to cuba
---------------------------------------------------------------------------
    ``For expenses necessary to enable the Broadcasting Board of 
Governors to carry out the Radio Broadcasting to Cuba Act, as amended, 
the Television Broadcasting to Cuba Act, and the International 
Broadcasting Act of 1994, and the Foreign Affairs Reform and 
Restructuring Act of 1998, including the purchase, rent, construction, 
and improvement of facilities for radio and television transmission and 
reception, and purchase and installation of necessary equipment for 
radio and television transmission and reception, $22,095,000, to remain 
available until expended: Provided, That funds may be used to purchase 
or lease, maintain, and operate such aircraft (including aerostats) as 
may be required to house and operate necessary television broadcasting 
equipment.''.
    For fiscal year 2001, the Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 101(a)(2) of Public Law 106-553; 114 Stat. 2762A-96), provided 
the following:
---------------------------------------------------------------------------

                         ``broadcasting to cuba
---------------------------------------------------------------------------
    ``For necessary expenses to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the purchase, 
rent, construction, and improvement of facilities for radio and 
television transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and 
reception, $22,095,000, to remain available until expended.''.
---------------------------------------------------------------------------
          (4) Radio free asia.--For ``Radio Free Asia'', 
        $24,000,000 for the fiscal year 2000, and $30,000,000 
        for the fiscal year 2001.

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

SEC. 201.\29\ OFFICE OF CHILDREN'S ISSUES.

    (a) Director Requirements.--The Secretary of State shall 
fill the position of Director of the Office of Children's 
Issues of the Department of State (in this section referred to 
as the ``Office'') with an individual of senior rank who can 
ensure long-term continuity in the management and policy 
matters of the Office and has a strong background in consular 
affairs.
---------------------------------------------------------------------------
    \29\ 42 U.S.C. 11608a.
---------------------------------------------------------------------------
    (b) Case Officer Staffing.--Effective April 1, 2000, there 
shall be assigned to the Office of Children's Issues of the 
Department of State a sufficient number of case officers to 
ensure that the average caseload for each officer does not 
exceed 75.
    (c) Embassy Contact.--The Secretary of State shall 
designate in each United States diplomatic mission an employee 
who shall serve as the point of contact for matters relating to 
international abductions of children by parents. The Director 
of the Office shall regularly inform the designated employee of 
children of United States citizens abducted by parents to that 
country.
    (d) Reports to Parents.--
          (1) In general.--Except as provided in paragraph (2), 
        beginning 6 months after the date of enactment of this 
        Act, and at least once every 6 months thereafter, the 
        Secretary of State shall report to each parent who has 
        requested assistance regarding an abducted child 
        overseas. Each such report shall include information on 
        the current status of the abducted child's case and the 
        efforts by the Department of State to resolve the case.
          (2) Exception.--The requirement in paragraph (1) 
        shall not apply in a case of an abducted child if--
                  (A) the case has been closed and the 
                Secretary of State has reported the reason the 
                case was closed to the parent who requested 
                assistance; or
                  (B) the parent seeking assistance requests 
                that such reports not be provided.

SEC. 202.\30\ STRENGTHENING IMPLEMENTATION OF THE HAGUE CONVENTION ON 
                    THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.

    Section 2803(a) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as contained in division G of Public 
Law 105-277) is amended--* * *
---------------------------------------------------------------------------
    \30\ For amended text, see page 200.
---------------------------------------------------------------------------

SEC. 203. REPORT CONCERNING ATTACK IN CAMBODIA.

    Not later than 30 days after the date of the enactment of 
this Act, and one year thereafter unless the investigation 
referred to in this section is completed, the Secretary of 
State, in consultation with the Attorney General, shall submit 
a report to the appropriate congressional committees, in 
classified and unclassified form, containing the most current 
information on the investigation into the March 30, 1997, 
grenade attack in Cambodia.

SEC. 204.\31\ INTERNATIONAL EXPOSITIONS.

    (a) Limitation.--Except as provided in subsection (b) and 
notwithstanding any other provision of law, the Department of 
State may not obligate or expend any funds appropriated to the 
Department of State for a United States pavilion or other major 
exhibit at any international exposition or world's fair 
registered by the Bureau of International Expositions in excess 
of amounts expressly authorized and appropriated for such 
purpose.
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 2452b.
---------------------------------------------------------------------------
    (b) Exceptions.--
          (1) In general.--The Department of State is 
        authorized to utilize its personnel and resources to 
        carry out the responsibilities of the Department for 
        the following:
                  (A) Administrative services, including legal 
                and other advice and contract administration, 
                under section 102(a)(3) of the Mutual 
                Educational and Cultural Exchange Act of 1961 
                (22 U.S.C. 2452(a)(3)) related to United States 
                participation in international fairs and 
                expositions abroad. Such administrative 
                services may not include capital expenses, 
                operating expenses, or travel or related 
                expenses (other than such expenses as are 
                associated with the provision of administrative 
                services by employees of the Department of 
                State).
                  (B) Activities under section 105(f) of such 
                Act with respect to encouraging foreign 
                governments, international organizations, and 
                private individuals, firms, associations, 
                agencies and other groups to participate in 
                international fairs and expositions and to make 
                contributions to be utilized for United States 
                participation in international fairs and 
                expositions.
                  (C) Encouraging private support of United 
                States pavilions and exhibits at international 
                fairs and expositions.
          (2) Statutory construction.--Nothing in this 
        subsection authorizes the use of funds appropriated to 
        the Department of State to make payments for--
                  (A) contracts, grants, or other agreements 
                with any other party to carry out the 
                activities described in this subsection; or
                  (B) the satisfaction of any legal claim or 
                judgment or the costs of litigation brought 
                against the Department of State arising from 
                activities described in this subsection.
    (c) Notification.--No funds made available to the 
Department of State by any Federal agency to be used for a 
United States pavilion or other major exhibit at any 
international exposition or world's fair registered by the 
Bureau of International Expositions may be obligated or 
expended unless the appropriate congressional committees are 
notified not less than 15 days prior to such obligation or 
expenditure.
    (d) Reports.--The Commissioner General of a United States 
pavilion or other major exhibit at any international exposition 
or world's fair registered by the Bureau of International 
Expositions shall submit to the Secretary of State and the 
appropriate congressional committees a report concerning 
activities relating to such pavilion or exhibit every 180 days 
while serving as Commissioner General and shall submit a final 
report summarizing all such activities not later than 1 year 
after the closure of the pavilion or exhibit.
    (e) Repeal.--Section 230 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2452 
note) is repealed.\32\
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    \32\ Sec. 230 of Public Law 103-236 stated, ``Notwithstanding any 
other provision of law, the United States Information Agency shall not 
obligate or expend any funds for a United State Government funded 
pavilion or other major exhibit at any international exposition or 
world's fair registered by the Bureau of International Expositions in 
excess of amounts expressly authorized and appropriated for such 
purpose.''.
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SEC. 205. RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE INTER-
                    AMERICAN FOUNDATION AND THE AFRICAN DEVELOPMENT 
                    FOUNDATION.

    (a) Responsibilities.--Section 8A(a) of the Inspector 
General Act of 1978 (5 U.S.C. App.) is amended--* * * \33\
---------------------------------------------------------------------------
    \33\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. IV.
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    (b) Conforming Amendment.--* * *

SEC. 206. REPORT ON CUBAN DRUG TRAFFICKING.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of State shall submit to 
the appropriate congressional committees an unclassified report 
(with a classified annex) on the extent of international drug 
trafficking through Cuba since 1990. The report shall include 
the following:
          (1) Information concerning the extent to which the 
        Cuban Government or any official, employee, or entity 
        of the Government of Cuba has engaged in, facilitated, 
        or condoned such trafficking.
          (2) The extent to which agencies of the United States 
        Government have investigated or prosecuted such 
        activities.
    (b) Limitation.--The report need not include information 
about isolated instances of conduct by low-level employees, 
except to the extent that such information may suggest improper 
conduct by more senior officials.

SEC. 207.\34\ REVISION OF REPORTING REQUIREMENT.

    Section 3 of Public Law 102-1 is amended by striking ``60 
days'' and inserting ``90 days''.
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    \34\ For amended text of the authorization of use of force against 
Iraq (Public Law 102-1), see page 2071.
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SEC. 208. FOREIGN LANGUAGE PROFICIENCY.

    (a) \35\ Report on Language Proficiency.--Section 702 of 
the Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by 
adding at the end the following new subsection: * * *
---------------------------------------------------------------------------
    \35\ For amended text, see page 634.
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    (b) Repeal.--Section 304(c) of the Foreign Service Act of 
1980 (22 U.S.C. 3944(c)) is repealed.\36\
---------------------------------------------------------------------------
    \36\ Sec. 304(c) of the Foreign Service Act of 1980 required 
``Within 6 months after assuming the position, the chief of mission to 
a foreign country shall submit...a report describing his or her own 
foreign language competence and the foreign language competence of the 
mission staff in the principal language or other dialect of that 
country.''.
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SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

    (a) Reports on Claims by United States Firms Against the 
Government of Saudi Arabia.--Section 2801(b)(1) of the Foreign 
Affairs Reform and Restructuring Act of 1998 (as enacted by 
division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended by striking ``third'' and inserting ``seventh''.\37\
---------------------------------------------------------------------------
    \37\ For amended text, see page 199.
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    (b) Reports on Determinations Under Title IV of the 
Libertad Act.--Section 2802(a) of the Foreign Affairs Reform 
and Restructuring Act of 1998 (as enacted by division G of the 
Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999; Public Law 105-277) is amended by striking 
``September 30, 1999,'' and inserting ``September 30, 
2001,''.\38\
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    \38\ For amended text, see page 200.
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    (c) Relations With Vietnam.--Section 2805 of the Foreign 
Affairs Reform and Restructuring Act of 1998 (as enacted by 
division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended by striking ``September 30, 1999,'' and inserting 
``September 30, 2001,''.\39\
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    \39\ For amended text, see page 202.
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    (d) Reports on Ballistic Missile Cooperation With Russia.--
Section 2705(d) of the Foreign Affairs Reform and Restructuring 
Act of 1998 (as enacted by division G of the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
1999; Public Law 105-277) is amended by striking ``and January 
1, 2000,'' and inserting ``January 1, 2000, and January 1, 
2001,''.\40\
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    \40\ For amended text, see page 2102.
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    (e) \41\ Continuation of Reports Terminated by the Federal 
Reports Elimination and Sunset Act of 1995.--Section 3003(a)(1) 
of the Federal Reports Elimination and Sunset Act of 1995 
(Public Law 104-66; 31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following 
provisions of law:
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    \41\ The Federal Reports Elimination and Sunset Act of 1995 may be 
found in Legislation on Foreign Relations Through 2001, vol. IV.
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          (1) Section 1205 of the International Security and 
        Development Cooperation Act of 1985 (Public Law 99-83; 
        22 U.S.C. 2346 note) (relating to annual reports on 
        economic conditions in Egypt, Israel, Turkey, and 
        Portugal).
          (2) Section 1307(f)(1)(A) of the International 
        Financial Institutions Act (Public Law 95-118) 
        (relating to an assessment of the environmental impact 
        of proposed multilateral development bank actions).
          (3) Section 118(f) of the Foreign Assistance Act of 
        1961 (Public Law 87-195; 22 U.S.C. 2151p-1) (relating 
        to the protection of tropical forests).
          (4) Section 586J(c)(4) of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 1991 (Public Law 101-513) (relating to sanctions 
        taken by other nations against Iraq).
          (5) Section 3 of the Authorization for Use of 
        Military Force Against Iraq Resolution (Public Law 102-
        1; 105 Stat. 3) (relating to the status of efforts to 
        obtain Iraqi compliance with United Nations Security 
        Council resolutions).
          (6) Section 124 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (Public 
        Law 100-204; 22 U.S.C. 2680 note) (relating to 
        expenditures for emergencies in the diplomatic and 
        consular service).
          (7) Section 620C(c) of the Foreign Assistance Act of 
        1961 (Public Law 87-195; 22 U.S.C. 2373(c)) (relating 
        to progress made toward the conclusion of a negotiated 
        solution to the Cyprus problem).
          (8) Section 533(b) of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        19991 (Public Law 101-513) (relating to international 
        natural resource management initiatives).
          (9) Section 3602 of the Omnibus Trade and 
        Competitiveness Act of 1988 (Public Law 100-418; 22 
        U.S.C. 5352) (relating to foreign treatment of United 
        States financial institutions).
          (10) Section 1702 of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1) 
        (relating to operating summaries of the multilateral 
        development banks).
          (11) Section 1303(c) of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262m-
        2(c)) (relating to international environmental 
        assistance programs).
          (12) Section 1701(a) of the International Financial 
        Institutions Act (Public Law 95-118; 22 U.S.C. 262r) 
        (relating to United States participation in 
        international financial institutions).
          (13) Section 163(a) of the Trade Act of 1974 (Public 
        Law 93-618; 19 U.S.C. 2213) (relating to the trade 
        agreements program and national trade policy agenda).
          (14) Section 8 of the Export-Import Bank Act (Public 
        Law 79-173; 12 U.S.C. 635g) (relating to Export-Import 
        Bank activities).
          (15) Section 407(f) of the Agricultural Trade 
        Development and Assistance Act of 1954 (Public Law 83-
        480; 7 U.S.C. 1736a) (relating to Public Law 480 
        programs and activities).
          (16) Section 239(c) of the Foreign Assistance Act of 
        1961 (Public Law 87-195; 22 U.S.C. 2199(c)) (relating 
        to OPIC audit report).
          (17) Section 504(i) of the National Endowment for 
        Democracy Act (Public Law 98-164; 22 U.S.C. 4413(i)) 
        (relating to the activities of the National Endowment 
        for Democracy).
          (18) Section 5(b) of the Japan-United States 
        Friendship Act (Public Law 94-118; 22 U.S.C. 2904(b)) 
        (relating to Japan-United States Friendship Commission 
        activities).

SEC. 210. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN 
                    ENVIRONMENTAL, SCIENTIFIC, CULTURAL AND RELATED 
                    AREAS.

    Amounts made available to the Department of State for 
participation in joint funds under agreements for cooperation 
in environmental, scientific, cultural and related areas prior 
to fiscal year 1996 which, pursuant to express terms of such 
international agreements, were deposited in interest-bearing 
accounts prior to disbursement may earn interest, and interest 
accrued to such accounts may be used and retained without 
return to the Treasury of the United States and without further 
appropriation by Congress. The Department of State shall take 
action to ensure the complete and timely disbursement of 
appropriations and associated interest within joint funds 
covered by this section and final disposition of such 
agreements.

SEC. 211. REPORT ON INTERNATIONAL EXTRADITION.

    (a) Report to Congress.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of State shall 
review extradition treaties and other agreements containing 
extradition obligations to which the United States is a party 
(only with regard to those treaties where the United States has 
diplomatic relations with the treaty partner) and submit a 
report to the appropriate congressional committees regarding 
United States extradition policy and practice.
    (b) Contents of Report.--The report under subsection (a) 
shall--
          (1) discuss the factors that contribute to failure of 
        foreign nations to comply fully with their obligations 
        under bilateral extradition treaties with the United 
        States;
          (2) discuss the factors that contribute to nations 
        becoming ``safe havens'' for individuals fleeing the 
        United States justice system;
          (3) identify those bilateral extradition treaties to 
        which the United States is a party which do not require 
        the extradition of nationals, and the reason such 
        treaties contain such a provision;
          (4) discuss appropriate legislative and diplomatic 
        solutions to existing gaps in United States extradition 
        treaties and practice; and
          (5) discuss current priorities of the United States 
        for negotiation of new extradition treaties and 
        renegotiation of existing treaties, including resource 
        factors relevant to such negotiations.

                    Subtitle B--Consular Authorities

SEC. 231. MACHINE READABLE VISAS.

    Section 140(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is amended * * 
* \42\
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    \42\ For amended text, see page 227.
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SEC. 232.\43\ FEES RELATING TO AFFIDAVITS OF SUPPORT.

    (a) Authority To Charge Fee.--The Secretary of State may 
charge and retain a fee or surcharge for services provided by 
the Department of State to any sponsor who provides an 
affidavit of support under section 213A of the Immigration and 
Nationality Act (8 U.S.C. 1183a) to ensure that such affidavit 
is properly completed before it is forwarded to a consular post 
for adjudication by a consular officer in connection with the 
adjudication of an immigrant visa. Such fee or surcharge shall 
be in addition to and separate from any fee imposed for 
immigrant visa application processing and issuance, and shall 
recover only the costs of such services not recovered by such 
fee.
---------------------------------------------------------------------------
    \43\ 8 U.S.C. 1183a note.
---------------------------------------------------------------------------
    (b) Limitation.--Any fee established under subsection (a) 
shall be charged only once to a sponsor or joint sponsors who 
file essentially duplicative affidavits of support in 
connection with separate immigrant visa applications from the 
spouse and children of any petitioner required by the 
Immigration and Nationality Act to petition separately for such 
persons.
    (c) Treatment of Fees.--Fees collected under the authority 
of subsection (a) shall be deposited as an offsetting 
collection to any Department of State appropriation to recover 
the cost of providing consular services.
    (d) Compliance With Budget Act.--Fees collected under the 
authority of subsection (a) shall be available only to such 
extent or in such amounts as are provided in advance in an 
appropriation Act.

SEC. 233.\44\ PASSPORT FEES. * * *
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    \44\ Sec. 233 amended the Passport Act of June 4, 1920 (22 U.S.C. 
214 and 216).
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SEC. 234.\45\ DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD. * * 
                    *

SEC. 235. DUTIES OF CONSULAR OFFICERS REGARDING MAJOR DISASTERS AND 
                    INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.

    Section 43 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2715) is amended * * * \46\
---------------------------------------------------------------------------
    \45\ Sec. 234 repealed sec. 1709 of the Revised Statutes (22 U.S.C. 
4195) and added new secs. 43A and 43B to the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2715b and 2715c); see beginning at 
page 71.
    \46\ For amended text, see page 71.
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SEC. 236.\47\ ISSUANCE OF PASSPORTS FOR CHILDREN UNDER AGE 14.

    (a) In General.--
          (1) Regulations.--Not later than 1 year after the 
        date of the enactment of this Act, the Secretary of 
        State shall issue regulations providing that before a 
        child under the age of 14 years is issued a passport 
        the requirements under paragraph (2) shall apply under 
        penalty of perjury.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 213 note.
---------------------------------------------------------------------------
          (2) Requirements.--
                  (A) Both parents, or the child's legal 
                guardian, must execute the application and 
                provide documentary evidence demonstrating that 
                they are the parents or guardian; or
                  (B) the person executing the application must 
                provide documentary evidence that such person--
                          (i) has sole custody of the child;
                          (ii) has the consent of the other 
                        parent to the issuance of the passport; 
                        or
                          (iii) is in loco parentis and has the 
                        consent of both parents, of a parent 
                        with sole custody over the child, or of 
                        the child's legal guardian, to the 
                        issuance of the passport.
    (b) Exceptions.--The regulations required by subsection (a) 
may provide for exceptions in exigent circumstances, such as 
those involving the health or welfare of the child, or when the 
Secretary determines that issuance of a passport is warranted 
by special family circumstances.

SEC. 237.\48\ PROCESSING OF VISA APPLICATIONS.

    (a) Policy.--It shall be the policy of the Department of 
State to process immigrant visa applications of immediate 
relatives of United States citizens and nonimmigrant K-1 visa 
applications of fiances of United States citizens within 30 
days of the receipt of all necessary documents from the 
applicant and the Immigration and Naturalization Service. In 
the case of an immigrant visa application where the sponsor of 
such applicant is a relative other than an immediate relative, 
it should be the policy of the Department of State to process 
such an application within 60 days of the receipt of all 
necessary documents from the applicant and the Immigration and 
Naturalization Service.
---------------------------------------------------------------------------
    \48\ 8 U.S.C. 1201 note.
---------------------------------------------------------------------------
    (b) Reports.--Not later than 180 days after the date of 
enactment of this Act, and not later than 1 year thereafter, 
the Secretary of State shall submit to the appropriate 
congressional committees a report on the extent to which the 
Department of State is meeting the policy standards under 
subsection (a). Each report shall be based on a survey of the 
22 consular posts which account for approximately 72 percent of 
immigrant visas issued and, in addition, the consular posts in 
Guatemala City, Nicosia, Caracas, Naples, and Jakarta. Each 
report should include data on the average time for processing 
each category of visa application under subsection (a), a list 
of the embassies and consular posts which do not meet the 
policy standards under subsection (a), the amount of funds 
collected worldwide for processing of visa applications during 
the most recent fiscal year, the estimated costs of processing 
such visa applications (based on the Department of State's most 
recent fee study), the steps being taken by the Department of 
State to achieve such policy standards, and results achieved by 
the interagency working group charged with the goal of reducing 
the overall processing time for visa applications.

SEC. 238. FEASIBILITY STUDY ON FURTHER PASSPORT RESTRICTIONS ON 
                    INDIVIDUALS IN ARREARS ON CHILD SUPPORT.

    (a) Report to Congress.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of State, in 
consultation with the Secretary of Health and Human Services, 
shall submit a report to the appropriate congressional 
committees, the Committee on Ways and Means of the House of 
Representatives, and the Committee on Finance of the Senate on 
the feasibility of decreasing the amount of an individual's 
arrearages of child support that would require the Secretary of 
State to refuse to issue a passport to such individual, or 
otherwise act with respect to such an individual, as provided 
under section 452(k) of the Social Security Act (42 U.S.C. 
652(k)).
    (b) Contents of Report.--The report under subsection (a) 
shall include the following:
          (1) The estimated cost to the Department of State of 
        reducing the arrearage amount which would result in a 
        refusal to issue a passport to $2,500 and, in addition, 
        an amount between $5,000 and $2,500.
          (2) A projection of the estimated benefits of 
        reducing the amount to $2,500 (or an amount between 
        $5,000 and $2,500), which shall include an estimate of 
        the additional numbers of individuals who would be 
        subject to denial, an estimate of the additional child 
        support arrearages that would be received through such 
        a reduction, and an estimate of the amount of child 
        support that would be paid earlier than under current 
        law (together with an estimate of how much earlier such 
        amounts would be paid).
          (3) Information regarding the number of individuals 
        with child support arrearages over $2,500 and the 
        average length of time it takes for individuals to 
        reach $2,500 in arrearages.
          (4) The methodology for the cost estimates and 
        benefit projections described in paragraphs (1) and 
        (2).

                          Subtitle C--Refugees

SEC. 251.\49\ UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF 
                    REFUGEES.

    (a) In General.--None of the funds made available by this 
Act or by section 2(c) of the Migration and Refugee Assistance 
Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect 
the involuntary return by the United States of 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, 
except on grounds recognized as precluding protection as a 
refugee under the United Nations Convention Relating to the 
Status of Refugees of July 28, 1951, and the Protocol Relating 
to the Status of Refugees of January 31, 1967, subject to the 
reservations contained in the United States Senate Resolution 
of Ratification.
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 2601 note.
---------------------------------------------------------------------------
    (b) Migration and Refugee Assistance.--None of the funds 
made available by this Act or by section 2(c) of the Migration 
and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be 
available to effect the involuntary return of any person to any 
country unless the Secretary of State first notifies the 
appropriate congressional committees, except that in the case 
of an emergency involving a threat to human life the Secretary 
of State shall notify the appropriate congressional committees 
as soon as practicable.
    (c) Involuntary Return Defined.--As used in this section, 
the term ``to effect the involuntary return'' means to require, 
by means of physical force or circumstances amounting to a 
threat thereof, a person to return to a country against the 
person's will, regardless of whether the person is physically 
present in the United States and regardless of whether the 
United States acts directly or through an agent.

SEC. 252. HUMAN RIGHTS REPORTS.

    Section 502B(b) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(b)) is amended * * * \50\
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    \50\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. I-A.
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SEC. 253.\51\ GUIDELINES FOR REFUGEE PROCESSING POSTS. * * *

SEC. 254.\52\ GENDER-RELATED PERSECUTION TASK FORCE.

    (a) Establishment of Task Force.--The Secretary of State, 
in consultation with the Attorney General and other appropriate 
Federal agencies, shall establish a task force with the goal of 
determining eligibility guidelines for women seeking refugee 
status overseas due to gender-related persecution.
---------------------------------------------------------------------------
    \51\ Sec. 253 amended sec. 602(c) of the International Religious 
Freedom Act of 1998 (Public Law 105-292); see page 1106.
    \52\ 8 U.S.C. 1157 note.
---------------------------------------------------------------------------
    (b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of State shall prepare and 
submit to the Congress a report outlining the guidelines 
determined by the task force under subsection (a).

SEC. 255. ELIGIBILITY FOR REFUGEE STATUS.

    (a) Eligibility for In-Country Refugee Processing in 
Vietnam.--For purposes of eligibility for in-country refugee 
processing for nationals of Vietnam during fiscal years 2000 
and 2001, an alien described in subsection (b) or (d) shall be 
considered to be a refugee of special humanitarian concern to 
the United States (within the meaning of section 207 of the 
Immigration and Nationality Act (8 USC 1157)) and shall be 
admitted to the United States for resettlement if the alien 
would be admissible as an immigrant under the Immigration and 
Nationality Act (except as provided in section 207(c)(3) of 
that Act).
    (b) Aliens Covered.--An alien described in this subsection 
is an alien who--
          (1) is the son or daughter of a qualified national;
          (2) is 21 years of age or older; and
          (3) was unmarried as of the date of acceptance of the 
        alien's parent for resettlement under the Orderly 
        Departure Program or through the United States 
        Consulate General in Ho Chi Minh City.
    (c) Qualified National.--The term ``qualified national'' in 
subsection (b)(1) means a national of Vietnam who--
          (1)(A) was formerly interned in a re-education camp 
        in Vietnam by the Government of the Socialist Republic 
        of Vietnam; or
          (B) is the widow or widower of an individual 
        described in subparagraph (A);
          (2)(A) qualified for refugee processing under the 
        Orderly Departure Program re-education subprogram; and
          (B) except as provided in subsection (d), on or after 
        April 1, 1995, is or has been accepted under the 
        Orderly Departure Program or through the United States 
        Consulate General in Ho Chi Minh City--
                  (i) for resettlement as a refugee; or
                  (ii) for admission to the United States as an 
                immediate relative immigrant; and
          (3)(A) is presently maintaining a residence in the 
        United States; or
          (B) was approved for refugee resettlement or 
        immigrant visa processing and is awaiting departure 
        formalities from Vietnam.
    (d) Previous Denials Based on Lack of Co-Residency.--An 
alien who is otherwise qualified under subsection (b) is 
eligible for admission for resettlement regardless of the date 
of acceptance of the alien's parent if the alien previously was 
denied refugee resettlement based solely on the fact that the 
alien was not listed continuously on the parent's residence 
permit.

    TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

                    Subtitle A--Organization Matters

SEC. 301. LEGISLATIVE LIAISON OFFICES OF THE DEPARTMENT OF STATE.

    (a) Development of Assessment.--The Secretary of State 
shall assess the administrative and personnel requirements for 
the establishment of legislative liaison offices for the 
Department of State within the office buildings of the House of 
Representatives and the Senate. In undertaking the assessment, 
the Secretary should examine existing liaison offices of other 
executive departments that are located in the congressional 
office buildings, including the liaison offices of the military 
services.
    (b) Assessment Considerations.--The assessment required by 
subsection (a) shall consider--
          (1) space requirements;
          (2) cost implications;
          (3) personnel structure; and
          (4) the feasibility of modifying the Pearson 
        Fellowship program in order to have members of the 
        Foreign Service who serve in such fellowships serve a 
        second year in a legislative liaison office.
    (c) Transmittal of Assessment.--Not later than 6 months 
after the date of the enactment of this Act, the Secretary of 
State shall submit to the Committee on International Relations 
and the Committee on House Administration of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Rules and Administration of the Senate the 
assessment developed under subsection (a).

SEC. 302.\53\ STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE.

    The Secretary of State shall designate a senior-level 
official of the Department of State with responsibility for 
promoting regional cooperation in and coordinating United 
States policy toward Northeastern Europe.
---------------------------------------------------------------------------
    \53\ 22 U.S.C. 2651a note.
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SEC. 303.\53\ SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE.

    (a) Designation.--The Secretary of State shall designate a 
senior-level official of the Department of State as the Science 
and Technology Adviser to the Secretary of State (in this 
section referred to as the ``Adviser''). The Adviser shall have 
substantial experience in the area of science and technology. 
The Adviser shall report to the Secretary of State through the 
appropriate Under Secretary of State.
    (b) Duties.--The Adviser shall--
          (1) advise the Secretary of State, through the 
        appropriate Under Secretary of State, on international 
        science and technology matters affecting the foreign 
        policy of the United States; and
          (2) perform such duties, exercise such powers, and 
        have such rank and status as the Secretary of State 
        shall prescribe.

SEC. 304. APPLICATION OF CERTAIN LAWS TO PUBLIC DIPLOMACY FUNDS.

    Section 1333(c) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as enacted in division G of the 
Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999; Public Law 105-277) is amended--* * * \54\
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    \54\ For amended text, see page 759.
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SEC. 305.\55\ REFORM OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE 
                    PROGRAM OFFICE.

    (a) Additional Resources.--In addition to other amounts 
authorized to be appropriated for the purposes of the 
Diplomatic Telecommunications Service Program Office (DTS-PO), 
of the amounts made available to the Department of State under 
section 101(2), $18,000,000 shall be made available only to the 
DTS-PO for enhancement of Diplomatic Telecommunications Service 
capabilities.
---------------------------------------------------------------------------
    \55\ 22 U.S.C. 2669a note.
---------------------------------------------------------------------------
    (b) Improvement of DTS-PO.--In order for the DTS-PO to 
better manage a fully integrated telecommunications network to 
service all agencies at diplomatic missions and consular posts, 
the DTS-PO shall--
          (1) ensure that those enhancements of, and the 
        provision of service for, telecommunication 
        capabilities that involve the national security 
        interests of the United States receive the highest 
        prioritization;
          (2) not later than December 31, 1999, terminate all 
        leases for satellite systems located at posts in 
        criteria countries, unless all maintenance and 
        servicing of the satellite system is undertaken by 
        United States citizens who have received appropriate 
        security clearances;
          (3) institute a system of charges for utilization of 
        bandwidth by each agency beginning October 1, 2000, and 
        institute a comprehensive chargeback system to recover 
        all, or substantially all, of the other costs of 
        telecommunications services provided through the 
        Diplomatic Telecommunications Service to each agency 
        beginning October 1, 2001;
          (4) ensure that all DTS-PO policies and procedures 
        comply with applicable policies established by the 
        Overseas Security Policy Board; and
          (5) maintain the allocation of the positions of 
        Director and Deputy Director of DTS-PO as those 
        positions were assigned as of June 1, 1999, which 
        assignments shall pertain through fiscal year 2001, at 
        which time such assignments shall be adjusted in the 
        customary manner.
    (c) Report on Improving Management.--Not later than March 
31, 2000, the Director and Deputy Director of DTS-PO shall 
jointly submit to the Committee on International Relations and 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on Foreign Relations and the 
Select Committee on Intelligence of the Senate the Director's 
plan for improving network architecture, engineering, 
operations monitoring and control, service metrics reporting, 
and service provisioning, so as to achieve highly secure, 
reliable, and robust communications capabilities that meet the 
needs of both national security agencies and other United 
States agencies with overseas personnel.
    (d) Funding of DTS-PO.--Funds appropriated for allocation 
to DTS-PO shall be made available only for DTS-PO until a 
comprehensive chargeback system is in place.
    (e) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' means 
the Committee on International Relations and the Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Committee on Foreign Relations and the 
Select Committee on Intelligence of the Senate.

         Subtitle B--Personnel of the Department of State \56\

SEC. 321. AWARD OF FOREIGN SERVICE STAR.

    The State Department Basic Authorities Act of 1956 is 
amended by inserting after section 36 (22 U.S.C. 2708) the 
following new section: * * * \57\
---------------------------------------------------------------------------
    \56\ Secs. 322, 323, 326-333 amended the Foreign Service Act of 
1980. See beginning at page 587.
    \57\ Sec. 321 added a new sec. 36A to the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708a). See page 63.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 324. PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL.

    The Director General of the Foreign Service shall submit a 
report on the first day of each fiscal quarter to the 
appropriate congressional committees containing the following:
          (1) The number of members of the Senior Foreign 
        Service.
          (2) The number of vacant positions designated for 
        members of the Senior Foreign Service.
          (3) The number of members of the Senior Foreign 
        Service who are not assigned to positions.

SEC. 325. REPORT ON MANAGEMENT TRAINING.

    Not later than April 1, 2000, the Department of State shall 
report to the appropriate congressional committees on the 
feasibility of modifying current training programs and 
curricula so that the Department can provide significant and 
comprehensive management training at all career grades for 
Foreign Service personnel.
          * * * * * * *

SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH 
                    INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Title 5 of the United States Code is 
amended by inserting after section 8432b the following new 
section: * * * \58\
---------------------------------------------------------------------------
    \58\ See 5 U.S.C. 8432c.
---------------------------------------------------------------------------

SEC. 335. TRANSFER ALLOWANCE FOR FAMILIES OF DECEASED FOREIGN SERVICE 
                    PERSONNEL.

    Section 5922 of title 5, United States Code, is amended by 
adding at the end the following: * * * \59\
---------------------------------------------------------------------------
    \59\ See 5 U.S.C. 5922(f).
---------------------------------------------------------------------------

SEC. 336. PARENTAL CHOICE IN EDUCATION.

    Section 5924(4) of title 5, United States Code, is 
amended--* * * \60\
---------------------------------------------------------------------------
    \60\ See 5 U.S.C. 5924(4).
---------------------------------------------------------------------------

SEC. 337. MEDICAL EMERGENCY ASSISTANCE.

    Section 5927 of title 5, United States Code, is amended to 
read as follows: * * * \61\
---------------------------------------------------------------------------
    \61\ See 5 U.S.C. 5927.
---------------------------------------------------------------------------

SEC. 338.\62\ REPORT CONCERNING FINANCIAL DISADVANTAGES FOR 
                    ADMINISTRATIVE AND TECHNICAL PERSONNEL.

    (a) Findings.--Congress finds that administrative and 
technical personnel posted to United States missions abroad who 
do not have diplomatic status suffer financial disadvantages 
from their lack of such status.
---------------------------------------------------------------------------
    \62\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
    (b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of State should submit a 
report to the appropriate congressional committees concerning 
the extent to which administrative and technical personnel 
posted to United States missions abroad who do not have 
diplomatic status suffer financial disadvantages from their 
lack of such status, including proposals to alleviate such 
disadvantages.

SEC. 339. STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL 
                    INVESTIGATIONS.

    (a) Amendment of the Foreign Service Act of 1980.--Section 
209(c) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) 
is amended by adding at the end the following:
          ``(5) Investigations.--
                  ``(A) Conduct of investigations.--In 
                conducting investigations of potential 
                violations of Federal criminal law or Federal 
                regulations, the Inspector General shall--
                          ``(i) abide by professional standards 
                        applicable to Federal law enforcement 
                        agencies; and
                          ``(ii) make every reasonable effort 
                        to permit each subject of an 
                        investigation an opportunity to provide 
                        exculpatory information.
                  ``(B) Final reports of investigations.--In 
                order to ensure that final reports of 
                investigations are thorough and accurate, the 
                Inspector General shall--
                          ``(i) make every reasonable effort to 
                        ensure that any person named in a final 
                        report of investigation has been 
                        afforded an opportunity to refute any 
                        allegation of wrongdoing or assertion 
                        with respect to a material fact made 
                        regarding that person's actions;
                          ``(ii) include in every final report 
                        of investigation any exculpatory 
                        information, as well as any inculpatory 
                        information, that has been discovered 
                        in the course of the investigation.''.
    (b) Annual Report.--Section 209(d)(2) of the Foreign 
Service Act of 1980 (22 U.S.C. 3929(d)(2)) is amended--
          (1) by striking ``and'' at the end of subparagraph 
        (D);
          (2) by striking the period at the end of subparagraph 
        (E) and inserting ``; and''; and
          (3) by inserting after subparagraph (E) the following 
        new subparagraph:
                  ``(F) a notification, which may be included, 
                if necessary, in the classified portion of the 
                report, of any instance in a case that was 
                closed during the period covered by the report 
                when the Inspector General decided not to 
                afford an individual the opportunity described 
                in subsection (c)(5)(B)(i) to refute any 
                allegation and the rationale for denying such 
                individual that opportunity.''.
    (c) \63\ Statutory Construction.--Nothing in the amendments 
made by this section may be construed to modify--
---------------------------------------------------------------------------
    \63\ 22 U.S.C. 3929 note.
---------------------------------------------------------------------------
          (1) section 209(d)(4) of the Foreign Service Act of 
        1980 (22 U.S.C. 3929(d)(4));
          (2) section 7(b) of the Inspector General Act of 1978 
        (5 U.S.C. app.);
          (3) the Privacy Act of 1974 (5 U.S.C. 552a);
          (4) the provisions of section 2302(b)(8) of title 5 
        (relating to whistleblower protection);
          (5) rule 6(e) of the Federal Rules of Criminal 
        Procedure (relating to the protection of grand jury 
        information); or
          (6) any statute or executive order pertaining to the 
        protection of classified information.
    (d) \63\ No Grievance or Right of Action.--A failure to 
comply with the amendments made by this section shall not give 
rise to any private right of action in any court or to an 
administrative complaint or grievance under any law.
    (e) \63\ Effective Date.--The amendments made by this 
section shall apply to cases opened on or after the date of the 
enactment of this Act.

SEC. 340. STUDY OF COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS 
                    OVERSEAS.

    Not later than 180 days after the date of enactment of this 
Act, the President shall submit a report to the appropriate 
congressional committees on the benefits and compensation paid 
to the survivors and personal representatives of the United 
States Government employees (including those in the uniformed 
services and Foreign Service National employees) killed in the 
performance of duty abroad as result of terrorist acts. All 
appropriate United States Government agencies shall contribute 
to the preparation of the report. The report shall include a 
comparison of benefits available to military and civilian 
employees and should include any recommendations for additional 
or other types of benefits or compensation.

SEC. 341. PRESERVATION OF DIVERSITY IN REORGANIZATION.

    Section 1613(c) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as enacted by division G of the 
Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999; Public Law 105-277) is amended by inserting after 
the first sentence the following * * * \64\
---------------------------------------------------------------------------
    \64\ For amended text, see page 770.
---------------------------------------------------------------------------

   TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                             PROGRAMS \65\

          * * * * * * *
---------------------------------------------------------------------------
    \65\ For titles IV and V, relating to U.S. informational, 
educational, and cultural programs, and U.S. international broadcasting 
activities, see beginning at page 1266.
---------------------------------------------------------------------------

   TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES \65\

     TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES \66\

          * * * * * * *
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    \66\ Title VI, relating to embassy security and counterterrorism, 
may be found beginning at page 951.
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         TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

 Subtitle A--International Organizations Other than the United Nations

SEC. 701. CONFORMING AMENDMENTS TO REFLECT REDESIGNATION OF CERTAIN 
                    INTERPARLIAMENTARY GROUPS.

    (a) Transatlantic Legislators' Dialogue.--Section 109(c) of 
the Department of State Authorization Act, Fiscal Years 1984 
and 1985 (22 U.S.C. 276 note) is amended by striking ``United 
States-European Community Interparliamentary Group'' and 
inserting ``Transatlantic Legislators' Dialogue (United States-
European Union Interparliamentary Group)''.
    (b) NATO Parliamentary Assembly--
          (1) In general.--The joint resolution entitled 
        ``Joint Resolution to authorize participation by the 
        United States in parliamentary conferences of the North 
        Atlantic Treaty Organization'', approved July 11, 1956 
        (22 U.S.C. 1928a et seq.), is amended in sections 2, 3, 
        and 4 (22 U.S.C. 1928b, 1928c, and 1928d, respectively) 
        by striking ``North Atlantic Assembly'' each place it 
        appears and inserting ``NATO Parliamentary Assembly''.
          (2) Conforming amendment.--Section 105(b) of the 
        Legislative Branch Appropriation Act, 1961 (22 U.S.C. 
        276c-1) is amended by striking ``North Atlantic 
        Assembly'' and inserting ``NATO Parliamentary 
        Assembly''.
          (3) References.--In the case of any provision of law 
        having application on or after May 31, 1999 (other than 
        a provision of law specified in subparagraphs (A) or 
        (B)), any reference contained in that provision to the 
        North Atlantic Assembly shall, on and after that date, 
        be considered to be a reference to the NATO 
        Parliamentary Assembly.

SEC. 702.\67\ AUTHORITY OF THE INTERNATIONAL BOUNDARY AND WATER 
                    COMMISSION TO ASSIST STATE AND LOCAL GOVERNMENTS.

    (a) Authority.--The Commissioner of the United States 
section of the International Boundary and Water Commission may 
provide technical tests, evaluations, information, surveys, or 
others similar services to State or local governments upon the 
request of such State or local government on a reimbursable 
basis.
---------------------------------------------------------------------------
    \67\ 22 U.S.C. 277h.
---------------------------------------------------------------------------
    (b) Reimbursements.--Reimbursements shall be paid in 
advance of the goods or services ordered and shall be for the 
estimated or actual cost as determined by the United States 
section of the International Boundary and Water Commission. 
Proper adjustment of amounts paid in advance shall be made as 
determined by the United States section of the International 
Boundary and Water Commission on the basis of the actual cost 
of goods or services provided. Reimbursements received by the 
United States section of the International Boundary and Water 
Commission for providing services under this section shall be 
credited to the appropriation from which the cost of providing 
the services is charged.

SEC. 703. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

    Section 2(b) of the American-Mexican Chamizal Convention 
Act of 1964 (Public Law 88-300; 22 U.S.C. 277d-18(b)) is 
amended by inserting ``operations, maintenance, and'' after 
``cost of''.

SEC. 704.\68\ SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR 
                    MEMBERSHIP OR PARTICIPATION OF TAIWAN IN 
                    INTERNATIONAL ORGANIZATIONS.

    (a) Reports Required.--Not later than 60 days after the 
date of enactment of this Act, and every 6 months thereafter 
for fiscal years 2000 and 2001, the Secretary of State shall 
submit to Congress a report in a classified and unclassified 
manner on the status of efforts by the United States Government 
to support--
---------------------------------------------------------------------------
    \68\ 22 U.S.C. 3303 note.
---------------------------------------------------------------------------
          (1) the membership of Taiwan in international 
        organizations that do not require statehood as a 
        prerequisite to such membership; and
          (2) the appropriate level of participation by Taiwan 
        in international organizations that may require 
        statehood as a prerequisite to full membership.
    (b) Report Elements.--Each report under subsection (a) 
shall--
          (1) set forth a comprehensive list of the 
        international organizations in which the United States 
        Government supports the membership or participation of 
        Taiwan;
          (2) describe in detail the efforts of the United 
        States Government to achieve the membership or 
        participation of Taiwan in each organization listed; 
        and
          (3) identify the obstacles to the membership or 
        participation of Taiwan in each organization listed, 
        including a list of any governments that do not support 
        the membership or participation of Taiwan in each such 
        organization.

SEC. 705.\69\ RESTRICTION RELATING TO UNITED STATES ACCESSION TO THE 
                    INTERNATIONAL CRIMINAL COURT.

    (a) Prohibition.--The United States shall not become a 
party to the International Criminal Court except pursuant to a 
treaty made under Article II, section 2, clause 2 of the 
Constitution of the United States on or after the date of 
enactment of this Act.
---------------------------------------------------------------------------
    \69\ 22 U.S.C. 262-1 note.
---------------------------------------------------------------------------
    (b) Prohibition.--None of the funds authorized to be 
appropriated by this or any other Act may be obligated for use 
by, or for support of, the International Criminal Court unless 
the United States has become a party to the Court pursuant to a 
treaty made under Article II, section 2, clause 2 of the 
Constitution of the United States on or after the date of 
enactment of this Act.
    (c) International Criminal Court Defined.--In this section, 
the term ``International Criminal Court'' means the court 
established by the Rome Statute of the International Criminal 
Court, adopted by the United Nations Diplomatic Conference of 
Plenipotentiaries on the Establishment of an International 
Criminal Court on July 17, 1998.

SEC. 706.\69\ PROHIBITION ON EXTRADITION OR TRANSFER OF UNITED STATES 
                    CITIZENS TO THE INTERNATIONAL CRIMINAL COURT.

    (a) Prohibition on Extradition.--None of the funds 
authorized to be appropriated or otherwise made available by 
this or any other Act may be used to extradite a United States 
citizen to a foreign country that is under an obligation to 
surrender persons to the International Criminal Court unless 
that foreign country confirms to the United States that 
applicable prohibitions on reextradition apply to such 
surrender or gives other satisfactory assurances to the United 
States that the country will not extradite or otherwise 
transfer that citizen to the International Criminal Court.
    (b) Prohibition on Consent to Extradition by Third 
Countries.--None of the funds authorized to be appropriated or 
otherwise made available by this or any other Act may be used 
to provide consent to the extradition or transfer of a United 
States citizen by a foreign country to a third country that is 
under an obligation to surrender persons to the International 
Criminal Court, unless the third country confirms to the United 
States that applicable prohibitions on reextradition apply to 
such surrender or gives other satisfactory assurances to the 
United States that the third country will not extradite or 
otherwise transfer that citizen to the International Criminal 
Court.
    (c) Definition.--In this section, the term ``International 
Criminal Court'' has the meaning given the term in section 
705(c) of this Act.

SEC. 707. REQUIREMENT FOR REPORTS REGARDING FOREIGN TRAVEL.

    Section 2505 of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as contained in division G of Public 
Law 105-277) is amended--* * * \70\
---------------------------------------------------------------------------
    \70\ For amended text, see page 197.
---------------------------------------------------------------------------

SEC. 708. UNITED STATES REPRESENTATION AT THE INTERNATIONAL ATOMIC 
                    ENERGY AGENCY.

    (a) Amendment to the United Nations Participation Act of 
1945.--Section 2(h) of the United Nations Participation Act of 
1945 (22 U.S.C. 287(h)) is amended by adding at the end the 
following new sentence: * * * \71\
---------------------------------------------------------------------------
    \71\ For amended text, see page 2209.
---------------------------------------------------------------------------
    (b) Amendment to the IAEA Participation Act of 1957.--
Section 2(a) of the International Atomic Energy Agency 
Participation Act of 1957 (22 U.S.C. 2021(a)) is amended by 
adding at the end the following new sentence: * * * \72\
---------------------------------------------------------------------------
    \72\ For amended text, see page 1904.
---------------------------------------------------------------------------
    (c) Effective Date.--The amendments made by subsections (a) 
and (b) shall apply to individuals appointed on or after the 
date of enactment of this Act.

               Subtitle B--United Nations Activities \73\

SEC. 721.\74\ UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS.

    (a) Congressional Statement.--It shall be the policy of the 
United States to promote an end to the persistent inequity 
experienced by Israel in the United Nations whereby Israel is 
the only longstanding member of the organization to be denied 
acceptance into any of the United Nations regional blocs.
---------------------------------------------------------------------------
    \73\ See also legislation pertaining to the United Nations and 
other international organizations, beginning at page 2205.
    \74\ 22 U.S.C. 287 note.
---------------------------------------------------------------------------
    (b) Policy on Abolition of Certain United Nations Groups.--
It shall be the policy of the United States to seek the 
abolition of certain United Nations groups the existence of 
which is inimical to the ongoing Middle East peace process, 
those groups being the Special Committee to Investigate Israeli 
Practices Affecting the Human Rights of the Palestinian People 
and other Arabs of the Occupied Territories; the Committee on 
the Exercise of the Inalienable Rights of the Palestinian 
People; the Division for the Palestinian Rights; and the 
Division on Public Information on the Question of Palestine.
    (c) Annual Reports.--On January 15 of each year, the 
Secretary of State shall submit a report to the appropriate 
congressional committees (in classified or unclassified form as 
appropriate) on--
          (1) actions taken by representatives of the United 
        States to encourage the nations of the Western Europe 
        and Others Group (WEOG) to accept Israel into their 
        regional bloc;
          (2) other measures being undertaken, and which will 
        be undertaken, to ensure and promote Israel's full and 
        equal participation in the United Nations; and
          (3) steps taken by the United States under subsection 
        (b) to secure abolition by the United Nations of groups 
        described in that subsection.
    (d) Annual Consultation.--At the time of the submission of 
each annual report under subsection (c), the Secretary of State 
shall consult with the appropriate congressional committees on 
specific responses received by the Secretary of State from each 
of the nations of the Western Europe and Others Group (WEOG) on 
their position concerning Israel's acceptance into their 
organization.

SEC. 722. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS 
                    PEACEKEEPING OPERATIONS.

    Chapter 6 of part II of the Foreign Assistance Act of 1961 
(22 U.S.C. 2348 et seq.) is amended by adding at the end the 
following: * * * \75\
---------------------------------------------------------------------------
    \75\ Sec. 722 added a new sec. 554 to the Foreign Assistance Act of 
1961. See Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------

SEC. 723. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED 
                    STATES TO THE UNITED NATIONS.

    The United Nations Participation Act of 1945 (22 U.S.C. 287 
et seq.) is amended by adding at the end the following new 
section: * * * \76\
---------------------------------------------------------------------------
    \76\ Sec. 723 added a new sec. 10 to the United Nations 
Participation Act of 1945. See page 2221.
---------------------------------------------------------------------------

SEC. 724. CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS 
                    PEACEKEEPING OPERATIONS. * * * \77\
---------------------------------------------------------------------------

    \77\ Subsec. (a) and (b) of this sec. amended sec. 4 of the United 
Nations Participation Act of 1945; for amended text see page 2210. Sec. 
724(a)(2) repealed sec. 407(a) of Public Law 103-236, relating to 
consultations and reports to Congress on U.N. peacekeeping operations.
---------------------------------------------------------------------------

                  TITLE VIII--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

SEC. 801.\78\ DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN NATIONALS 
                    ENGAGED IN ESTABLISHMENT OR ENFORCEMENT OF FORCED 
                    ABORTION OR STERILIZATION POLICY.

    (a) Denial of Entry.--Notwithstanding any other provision 
of law, the Secretary of State may not issue any visa to, and 
the Attorney General may not admit to the United States, any 
foreign national whom the Secretary finds, based on credible 
and specific information, to have been directly involved in the 
establishment or enforcement of population control policies 
forcing a woman to undergo an abortion against her free choice 
or forcing a man or woman to undergo sterilization against his 
or her free choice, unless the Secretary has substantial 
grounds for believing that the foreign national has 
discontinued his or her involvement with, and support for, such 
policies.
---------------------------------------------------------------------------
    \78\ 8 U.S.C. 1182e.
---------------------------------------------------------------------------
    (b) Exceptions.--The prohibitions in subsection (a) shall 
not apply in the case of a foreign national who is a head of 
state, head of government, or cabinet level minister.
    (c) Waiver.--The Secretary of State may waive the 
prohibitions in subsection (a) with respect to a foreign 
national if the Secretary--
          (1) determines that it is important to the national 
        interest of the United States to do so; and
          (2) provides written notification to the appropriate 
        congressional committees containing a justification for 
        the waiver.

SEC. 802. TECHNICAL CORRECTIONS.

    (a) Section 1422(b)(3)(B) of the Foreign Affairs Reform and 
Restructuring Act (as contained in division G of Public Law 
105-277; 112 Stat. 2681-792) is amended by striking 
``divisionAct'' and inserting ``division''.
    (b) Section 1002(a) of the Foreign Affairs Reform and 
Restructuring Act (as contained in division G of Public Law 
105-277; 112 Stat. 2681-762) is amended by striking paragraph 
(3).
    (c) The table of contents of division G of Public Law 105-
277 (112 Stat. 2681-762) is amended by striking ``division__'' 
and inserting ``division g''.
    (d) Section 305 of Public Law 97-446 (19 U.S.C 2604) is 
amended in the first sentence by striking ``Secretary'' the 
first place it appears and inserting ``Secretary, in 
consultation with the Secretary of State,''.

SEC. 803. REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN SAHARA.

    (a) Reports Required.--
          (1) In general.--Not later than each of the dates 
        specified in paragraph (2), the Secretary of State 
        shall submit a report to the appropriate congressional 
        committees describing specific steps being taken by the 
        Government of Morocco and by the Popular Front for the 
        Liberation of Saguia el-Hamra and Rio de Oro 
        (POLISARIO) to ensure that a free, fair, and 
        transparent referendum in which the people of the 
        Western Sahara will choose between independence and 
        integration with Morocco will be held by July 2000.
          (2) Deadlines for submission of reports.--The dates 
        referred to in paragraph (1) are January 1, 2000, and 
        June 1, 2000.
    (b) Report Elements.--The report shall include--
          (1) a description of preparations for the referendum, 
        including the extent to which free access to the 
        territory for independent international organizations, 
        including election observers and international media, 
        will be guaranteed;
          (2) a description of current efforts by the 
        Department of State to ensure that a referendum will be 
        held by July 2000;
          (3) an assessment of the likelihood that the July 
        2000 date will be met;
          (4) a description of obstacles, if any, to the voter 
        registration process and other preparations for the 
        referendum, and efforts being made by the parties and 
        the United States Government to overcome those 
        obstacles; and
          (5) an assessment of progress being made in the 
        repatriation process.

SEC. 804. REPORTING REQUIREMENTS UNDER PLO COMMITMENTS COMPLIANCE ACT 
                    OF 1989.

    The PLO Commitments Compliance Act of 1989 is amended * * * 
\79\
---------------------------------------------------------------------------
    \79\ For amended text, see page 379.
---------------------------------------------------------------------------

SEC. 805.\80\ REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES 
                    CITIZENS WERE KILLED AND RELATED MATTERS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act and every 6 months thereafter until 
October 1, 2001, the Secretary of State shall prepare and 
submit a report, with a classified annex as necessary, to the 
appropriate congressional committees regarding terrorist 
attacks in Israel, in territory administered by Israel, and in 
territory administered by the Palestinian Authority. The report 
shall contain the following information:
---------------------------------------------------------------------------
    \80\ 22 U.S.C. 2656f note.
---------------------------------------------------------------------------
          (1) A list of formal commitments the Palestinian 
        Authority has made to combat terrorism.
          (2) A list of terrorist attacks, occurring between 
        September 13, 1993 and the date of the report, against 
        United States citizens in Israel, in territory 
        administered by Israel, or in territory administered by 
        the Palestinian Authority, including--
                  (A) a list of all citizens of the United 
                States killed or injured in such attacks;
                  (B) the date of each attack and the total 
                number of people killed or injured in each 
                attack;
                  (C) the person or group claiming 
                responsibility for the attack and where such 
                person or group has found refuge or support;
                  (D) a list of suspects implicated in each 
                attack and the nationality of each suspect, 
                including information on--
                          (i) which suspects are in the custody 
                        of the Palestinian Authority and which 
                        suspects are in the custody of Israel;
                          (ii) which suspects are still at 
                        large in areas controlled by the 
                        Palestinian Authority or Israel; and
                          (iii) the whereabouts (or suspected 
                        whereabouts) of suspects implicated in 
                        each attack.
          (3) Of the suspects implicated in the attacks 
        described in paragraph (2) and detained by Palestinian 
        or Israeli authorities, information on--
                  (A) the date each suspect was incarcerated;
                  (B) whether any suspects have been released, 
                the date of such release, and whether any 
                released suspect was implicated in subsequent 
                acts of terrorism; and
                  (C) the status of each case pending against a 
                suspect, including information on whether the 
                suspect has been indicted, prosecuted, or 
                convicted by the Palestinian Authority or 
                Israel.
          (4) The policy of the Department of State with 
        respect to offering rewards for information on 
        terrorist suspects, including any information on 
        whether a reward has been posted for suspects involved 
        in terrorist attacks listed in the report.
          (5) A list of each request by the United States for 
        assistance in investigating terrorist attacks listed in 
        the report, a list of each request by the United States 
        for the transfer of terrorist suspects from the 
        Palestinian Authority and Israel since September 13, 
        1993, and the response to each request from the 
        Palestinian Authority and Israel.
          (6) A description of efforts made by United States 
        officials since September 13, 1993 to bring to justice 
        perpetrators of terrorist acts against United States 
        citizens as listed in the report.
          (7) A list of any terrorist suspects in these cases 
        who are members of Palestinian police or security 
        forces, the Palestine Liberation Organization, or any 
        Palestinian governing body.
          (8) A list of all United States citizens killed or 
        injured in terrorist attacks in Israel or in territory 
        administered by Israel between 1950 and September 13, 
        1993, to include in each case, where such information 
        is reasonably available, any stated claim of 
        responsibility and the resolution or disposition of 
        each case, except that this list shall be submitted 
        only once with the initial report required under this 
        section unless additional relevant information on these 
        cases becomes available.
    (b) Consultation with Other Departments.--The Secretary of 
State shall, in preparing the report required by this section, 
consult and coordinate with all other Government officials who 
have information necessary to complete the report. Nothing 
contained in this section shall require the disclosure, on a 
classified or unclassified basis, of information that would 
jeopardize sensitive sources and methods or other vital 
national security interests or jeopardize ongoing criminal 
investigations or proceedings.
    (c) Initial Report.--Except as provided in subsection 
(a)(8), the initial report filed under this section shall cover 
the period between September 13, 1993 and the date of the 
report.

SEC. 806. ANNUAL REPORTING ON WAR CRIMES, CRIMES AGAINST HUMANITY, AND 
                    GENOCIDE. * * * \81\
---------------------------------------------------------------------------

    \81\ Sec. 806 amended secs. 116 and 502B of the Foreign Assistance 
Act of 1961; see Legislation on Foreign Relations Through 2001, vol. I-
A.
---------------------------------------------------------------------------

                Subtitle B--North Korea Threat Reduction

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ``North Korea Threat 
Reduction Act of 1999''.

SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.

    (a) In General.--Notwithstanding any other provision of law 
or any international agreement, no agreement for cooperation 
(as defined in sec. 11 b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2014 b.)) between the United States and North Korea may 
become effective, no license may be issued for export directly 
or indirectly to North Korea of any nuclear material, 
facilities, components, or other goods, services, or technology 
that would be subject to such agreement, and no approval may be 
given for the transfer or retransfer directly or indirectly to 
North Korea of any nuclear material, facilities, components, or 
other goods, services, or technology that would be subject to 
such agreement, until the President determines and reports to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate that--
          (1) North Korea has come into full compliance with 
        its safeguards agreement with the IAEA (INFCIRC/403), 
        and has taken all steps that have been deemed necessary 
        by the IAEA in this regard;
          (2) North Korea has permitted the IAEA full access to 
        all additional sites and all information (including 
        historical records) deemed necessary by the IAEA to 
        verify the accuracy and completeness of North Korea's 
        initial report of May 4, 1992, to the IAEA on all 
        nuclear sites and material in North Korea;
          (3) North Korea is in full compliance with its 
        obligations under the Agreed Framework;
          (4) North Korea has consistently taken steps to 
        implement the Joint Declaration on Denuclearization, 
        and is in full compliance with its obligations under 
        numbered paragraphs 1, 2, and 3 of the Joint 
        Declaration on Denuclearization (excluding in the case 
        of numbered paragraph 3 facilities frozen pursuant to 
        the Agreed Framework);
          (5) North Korea does not have uranium enrichment or 
        nuclear reprocessing facilities (excluding facilities 
        frozen pursuant to the Agreed Framework), and is making 
        no significant progress toward acquiring or developing 
        such facilities;
          (6) North Korea does not have nuclear weapons and is 
        making no significant effort to acquire, develop, test, 
        produce, or deploy such weapons; and
          (7) the transfer to North Korea of key nuclear 
        components, under the proposed agreement for 
        cooperation with North Korea and in accordance with the 
        Agreed Framework, is in the national interest of the 
        United States.
    (b) Construction.--The restrictions contained in subsection 
(a) shall apply in addition to all other applicable procedures, 
requirements, and restrictions contained in the Atomic Energy 
Act of 1954 and other laws.

SEC. 823. DEFINITIONS.

    In this subtitle:
          (1) Agreed framework.--The term ``Agreed Framework'' 
        means the ``Agreed Framework Between the United States 
        of America and the Democratic People's Republic of 
        Korea'', signed in Geneva on October 21, 1994, and the 
        Confidential Minute to that Agreement.
          (2) IAEA.--The term ``IAEA'' means the International 
        Atomic Energy Agency.
          (3) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea.
          (4) Joint declaration on denuclearization.--The term 
        ``Joint Declaration on Denuclearization'' means the 
        Joint Declaration on the Denuclearization of the Korean 
        Peninsula, issued by the Republic of Korea and the 
        Democratic People's Republic of Korea on January 1, 
        1992.

                 Subtitle C--People's Republic of China

SEC. 871. FINDINGS.

    Congress makes the following findings:
          (1) Congress concurs in the conclusions of the 
        Department of State, as set forth in the Country 
        Reports on Human Rights Practices for 1998, on human 
        rights in the People's Republic of China in 1998 as 
        follows:
                  (A) ``The People's Republic of China (PRC) is 
                an authoritarian state in which the Chinese 
                Communist Party (CCP) is the paramount source 
                of power. . . . Citizens lack both the freedom 
                peacefully to express opposition to the party-
                led political system and the right to change 
                their national leaders or form of 
                government.''.
                  (B) ``The Government continued to commit 
                widespread and well-documented human rights 
                abuses, in violation of internationally 
                accepted norms. These abuses stemmed from the 
                authorities' very limited tolerance of public 
                dissent aimed at the Government, fear of 
                unrest, and the limited scope or inadequate 
                implementation of laws protecting basic 
                freedoms.''.
                  (C) ``Abuses included instances of 
                extrajudicial killings, torture and 
                mistreatment of prisoners, forced confessions, 
                arbitrary arrest and detention, lengthy 
                incommunicado detention, and denial of due 
                process.''.
                  (D) ``Prison conditions at most facilities 
                remained harsh. . . . The Government infringed 
                on citizens' privacy rights. The Government 
                continued restrictions on freedom of speech and 
                of the press, and tightened these toward the 
                end of the year. The Government severely 
                restricted freedom of assembly, and continued 
                to restrict freedom of association, religion, 
                and movement.''.
                  (E) ``Discrimination against women, 
                minorities, and the disabled; violence against 
                women, including coercive family planning 
                practices--which sometimes include forced 
                abortion and forced sterilization; 
                prostitution, trafficking in women and 
                children, and the abuse of children all are 
                problems.''.
                  (F) ``The Government continued to restrict 
                tightly worker rights, and forced labor remains 
                a problem.''.
                  (G) ``Serious human rights abuses persisted 
                in minority areas, including Tibet and 
                Xinjiang, where restrictions on religion and 
                other fundamental freedoms intensified.''.
                  (H) ``Unapproved religious groups, including 
                Protestant and Catholic groups, continued to 
                experience varying degrees of official 
                interference and repression.''.
                  (I) ``Although the Government denies that it 
                holds political or religious prisoners, and 
                argues that all those in prison are 
                legitimately serving sentences for crimes under 
                the law, an unknown number of persons, 
                estimated at several thousand, are detained in 
                violation of international human rights 
                instruments for peacefully expressing their 
                political, religious, or social views.''.
          (2) In addition to the State Department, credible 
        press reports and human rights organizations have 
        documented an intense crackdown on political activists 
        by the Government of the People's Republic of China, 
        involving the harassment, detainment, arrest, and 
        imprisonment of dozens of activists.
          (3) The People's Republic of China, as a member of 
        the United Nations, is expected to abide by the 
        provisions of the Universal Declaration of Human 
        Rights.
          (4) The People's Republic of China is a party to 
        numerous international human rights conventions, 
        including the Convention Against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment, 
        and is a signatory to the International Covenant on 
        Civil and Political Rights and the Covenant on 
        Economic, Social, and Cultural Rights.

SEC. 872. FUNDING FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO 
                    REPORT ON POLITICAL, ECONOMIC, AND HUMAN RIGHTS 
                    MATTERS IN THE PEOPLE'S REPUBLIC OF CHINA.

    Of the amounts authorized to be appropriated for the 
Department of State by this Act, $2,200,000 for fiscal year 
2000 and $2,200,000 for fiscal year 2001 shall be made 
available only to support additional personnel in the United 
States Embassies in Beijing and Kathmandu, as well as the 
American consulates in Guangzhou, Shanghai, Shenyang, Chengdu, 
and Hong Kong, in order to monitor political and social 
conditions, with particular emphasis on respect for, and 
violations of, internationally recognized human rights, in the 
People's Republic of China.

SEC. 873.\82\ PRISONER INFORMATION REGISTRY FOR THE PEOPLE'S REPUBLIC 
                    OF CHINA.

    (a) Requirement.--The Secretary of State shall establish 
and maintain a registry which shall, to the extent practicable, 
provide information on all political prisoners, prisoners of 
conscience, and prisoners of faith in the People's Republic of 
China. The registry shall be known as the ``Prisoner 
Information Registry for the People's Republic of China''.
---------------------------------------------------------------------------
    \82\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
    (b) Information in Registry.--The registry required by 
subsection (a) shall include information on the charges, 
judicial processes, administrative actions, uses of forced 
labor, incidents of torture, lengths of imprisonment, physical 
and health conditions, and other matters associated with the 
incarceration of prisoners in the People's Republic of China 
referred to in that subsection.
    (c) Availability of Funds.--The Secretary may make a grant 
to nongovernmental organizations currently engaged in 
monitoring activities regarding political prisoners in the 
People's Republic of China in order to assist in the 
establishment and maintenance of the registry required by 
subsection (a).

                 TITLE IX--ARREARS PAYMENTS AND REFORM

                     Subtitle A--General Provisions

SEC. 901. SHORT TITLE.

    This title may be cited as the ``United Nations Reform Act 
of 1999''.\83\
---------------------------------------------------------------------------
    \83\ For the United Nations Reform Act of 1999, see page 2224.
---------------------------------------------------------------------------
          * * * * * * *

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

SEC. 1001. SHORT TITLE.

    This division may be cited as the ``Arms Control, 
Nonproliferation, and Security Assistance Act of 1999''.\84\
---------------------------------------------------------------------------
    \84\ The Arms Control, Nonproliferation, and Security Assistance 
Act of 1999 includes the Arms Control and Nonproliferation Act of 1999, 
National Security and Corporate Fairness under the Biological Weapons 
Convention Act, and the Proliferation Prevention Enhancement Act of 
1999, all of which may be found in the arms control section, beginning 
at page 1543.
    The Arms Control, Nonproliferation, and Security Assistance Act of 
1999 also includes the Security Assistance Act of 1999, Defense Offsets 
Disclosure Act of 1999, and International Arms Sales Code of Conduct 
Act of 1999, all of which may be found in Legislation on Foreign 
Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
          * * * * * * *
   f. Rewards for Information Concerning Violations of International 
             Humanitarian Law--Former Yugoslavia and Rwanda

    Partial text of Public Law 105-323 [H.R. 4660], 112 Stat. 3029, 
approved October 30, 1998; amended by Public Law 106-277 [S. 2460], 114 
                  Stat. 813, approved October 2, 2000

 AN ACT To amend the State Department Basic Authorities Act of 1956 to 
provide rewards for information leading to the arrest or conviction of 
 any individual for the commission of an act, or conspiracy to act, of 
  international terrorism, narcotics related offenses, or for serious 
  violations of international humanitarian law relating to the Former 
                  Yugoslavia, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

              TITLE I--DEPARTMENT OF STATE REWARDS PROGRAM

SEC. 101. REVISION OF PROGRAM.

    Section 36 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708) is amended to read as follows: * * * \1\
---------------------------------------------------------------------------
    \1\ For amended text see page 59.
---------------------------------------------------------------------------

SEC. 102.\2\ REWARDS FOR INFORMATION CONCERNING INDIVIDUALS SOUGHT FOR 
                    SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN 
                    LAW RELATING TO THE FORMER YUGOSLAVIA OR RWANDA.

    (a) Authority.--In the sole discretion of the Secretary of 
State (except as provided in subsection (b)(2)) and in 
consultation, as appropriate, with the Attorney General, the 
Secretary may pay a reward to any individual who furnishes 
information leading to--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2708 note. Sec. 1(1) of Public Law 106-277 (114 Stat. 
813) added ``OR RWANDA'' to the section catchline.
---------------------------------------------------------------------------
          (1) the arrest or conviction in any country; or
          (2) the transfer to, or conviction by, the 
        International Criminal Tribunal for the Former 
        Yugoslavia or the International Criminal Tribunal for 
        Rwanda,\3\ of any individual who is the subject of an 
        indictment confirmed by a judge of such tribunal for 
        serious violations of international humanitarian law as 
        defined under the statute of such tribunal.
---------------------------------------------------------------------------
    \3\ Sec. 1(2) of Public Law 106-277 (114 Stat. 813) added ``or the 
International Criminal Tribunal for Rwanda'' after ``Yugoslavia''.
---------------------------------------------------------------------------
    (b) Procedures.--
          (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, subject to paragraph (3), 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) the 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 obtain the 
        concurrence of the Attorney General.
          (3) Rewards under this section shall be subject to 
        any requirements or limitations that apply to rewards 
        under section 36 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2708) with respect 
        to the ineligibility of government employees for 
        rewards, maximum reward amount, and procedures for the 
        approval and certification of rewards for payment.
    (c) Reference.--(1) \4\ For the purposes of subsection (a), 
the statute of the International Criminal Tribunal for the 
Former Yugoslavia means the Annex to the Report of the 
Secretary General of the United Nations pursuant to paragraph 2 
of Security Council Resolution 827 (1993) (S/25704).
---------------------------------------------------------------------------
    \4\ Sec. 1(3) of Public Law 106-277 (114 Stat. 813) inserted para. 
designation ``(1)'', and added a new para. (2).
---------------------------------------------------------------------------
    (2) \4\ For the purposes of subsection (a), the statute of 
the International Criminal Tribunal for Rwanda means the 
statute contained in the annex to Security Council Resolution 
955 of November 8, 1994.
    (d) Determination of the Secretary.--A determination made 
by the Secretary of State under this section shall be final and 
conclusive and shall not be subject to judicial review.
    (e) Priority.--Rewards under this section may be paid from 
funds authorized to carry out section 36 of the State 
Department Basic Authorities Act of 1956. In the Administration 
and payment of rewards under the rewards program of section 36 
of the State Department Basic Authorities Act of 1956, the 
Secretary of State shall ensure that priority is given for 
payments to individuals described in section 36 of that Act and 
that funds paid under this section are paid only after any and 
all due and payable demands are met under section 36 of that 
Act.
    (f) Reports.--The Secretary shall inform the appropriate 
committees of rewards paid under this section in the same 
manner as required by section 36(g) of the State Department 
Basic Authorities Act of 1956.

     TITLE II--EXTRADITION TREATIES INTERPRETATION ACT OF 1998 \5\

          * * * * * * *
---------------------------------------------------------------------------
    \5\ For text, see page 2308.
   g. Foreign Relations Authorization Act, Fiscal Years 1998 and 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and emergency 
 Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681 at 
  2681-801, approved October 21, 1998; amended by Public law 106-113 
[Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
 Act, Fiscal Years 2000 and 2001; H.R. 3427], 113 Stat. 1536, approved 
                           November 29, 1999

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

SEC. 1001.\1\ SHORT TITLE.

    This division may be cited as the ``Foreign Affairs Reform 
and Restructuring Act of 1998''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6501 note.
---------------------------------------------------------------------------

SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF 
                    CONTENTS.

    (a) \2\ Divisions.--This division is organized into three 
subdivisions as follows:
---------------------------------------------------------------------------
    \2\ Sec. 802(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out para. (3) of this subsec., which had 
referred to a subdivision K--United Nations Reform Act of 1998.
---------------------------------------------------------------------------
          (1) Subdivision a.--Foreign Affairs Agencies 
        Consolidation Act of 1998.
          (2) Subdivision b.--Foreign Relations Authorization 
        Act, Fiscal Years 1998 and 1999.
    (b) Table of Contents.--The table of contents for this 
division is as follows:

                                                                    Page

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

Sec. 1001. Short title............................................   168
Sec. 1002. Organization of division into subdivisions; table of 
    contents......................................................   168

        Subdivision A--Consolidation of Foreign Affairs Agencies

     * * * * * * *

             Subdivision B--Foreign Relations Authorization

                      TITLE XX--GENERAL PROVISIONS

Sec. 2001. Short title............................................   169
Sec. 2002. Definition of appropriate congressional committees.....   169

   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

Sec. 2101. Administration of foreign affairs......................   169
Sec. 2102. International commissions..............................   174
Sec. 2103. Grants to The Asia Foundation..........................   175
Sec. 2104. Voluntary contributions to international organizations.   177
Sec. 2105. Voluntary contributions to peacekeeping operations.....   178
Sec. 2106. Limitation on United States voluntary contributions to 
    United Nations Development Program............................   178

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                  Chapter 1--Authorities and Activities

Sec. 2201. Reimbursement of Department of State for assistance to 
    overseas educational facilities [amends other legislation]
Sec. 2202. Revision of Department of State rewards program [amends 
    other legislation]
Sec. 2203. Retention of additional defense trade controls 
    registration fees [amends other legislation]
Sec. 2204. Fees for commercial services [amends other legislation]
Sec. 2205. Pilot program for foreign affairs reimbursement........   179
Sec. 2206. Fee for use of diplomatic reception rooms [amends other 
    legislation]
Sec. 2207. Budget presentation documents [amends other 
    legislation]
Sec. 2208. Office of the Inspector General........................   180
Sec. 2209. Capital Investment Fund [amends other legislation]
Sec. 2210. Contracting for local guards services overseas [amends 
    other legislation]
Sec. 2211. Authority of the Foreign Claims Settlement Commission 
    [amends other legislation]
Sec. 2212. Expenses relating to certain international claims and 
    proceedings...................................................   181
Sec. 2213. Grants to remedy international abductions of children 
    [amends other legislation]
Sec. 2214. Counterdrug and anticrime activities of the Department 
    of State......................................................   181
Sec. 2215. Annual report on overseas surplus properties [amends 
    other legislation]
Sec. 2216. Human rights reports [amends other legislation]
Sec. 2217. Reports and policy concerning diplomatic immunity 
    [amends other legislation]
Sec. 2218. Reaffirming United States international 
    telecommunications policy.....................................   184
Sec. 2219. Reduction of reporting.................................   184

       Chapter 2--Consular Authorities of the Department of State

Sec. 2221. Use of certain passport processing fees for enhanced 
    passport services.............................................   185
Sec. 2222. Consular officers......................................   185
Sec. 2223. Repeal of outdated consular receipt requirements.......   186
Sec. 2224. Elimination of duplicate Federal Register publication 
    for travel advisories.........................................   186
Sec. 2225. Denial of visas to confiscators of American property...   187
Sec. 2226. Inadmissibility of any alien supporting an 
    international child abductor..................................   187

                    Chapter 3--Refugees and Migration

               SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS

Sec. 2231. Migration and refugee assistance.......................   187

                         SUBCHAPTER B--AUTHORITIES

Sec. 2241. United States policy regarding the involuntary return 
    of refugees...................................................   189
Sec. 2242. United States policy with respect to the involuntary 
    return of persons in danger of subjection to torture..........   189
Sec. 2243. Reprogramming of migration and refugee assistance funds 
    [amends other legislation]
Sec. 2244. Eligibility for refugee status [amends other 
    legislation]
Sec. 2245. Reports to Congress concerning Cuban emigration 
    policies......................................................   191

  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.......................   191
Sec. 2302. Elimination of Deputy Assistant Secretary of State for 
    Burdensharing.................................................   191
Sec. 2303. Personnel management [amends other legislation]
Sec. 2304. Diplomatic security....................................   191
Sec. 2305. Number of senior official positions authorized for the 
    Department of State...........................................   191
Sec. 2306. Nomination of Under Secretaries and Assistant 
    Secretaries of State [amends other legislation]

  Chapter 2--Personnel of the Department of State; the Foreign Service

Sec. 2311. Foreign Service reform.................................   192
Sec. 2312. Retirement benefits for involuntary separation [amends 
    other legislation]
Sec. 2313. Authority of Secretary to separate convicted felons 
    from the Foreign Service [amends other legislation]
Sec. 2314. Career counseling [amends other legislation]
Sec. 2315. Limitations on management assignments [amends other 
    legislation]
Sec. 2316. Availability pay for certain criminal investigators 
    within the Diplomatic Security Service........................   193
Sec. 2317. Nonovertime differential pay...........................   194
Sec. 2318. Report concerning minorities and the Foreign Service...   194

   TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                        PROGRAMS [see page 1258]

               Chapter 1--Authorization of Appropriations

Sec. 2401. International information activities and educational 
    and cultural exchange programs

                  Chapter 2--Authorities and Activities

Sec. 2411. Retention of interest
Sec. 2412. Use of selected program fees
Sec. 2413. Muskie Fellowship Program
Sec. 2414. Working Group on United States Government-Sponsored 
    International Exchanges and Training
Sec. 2415. Educational and cultural exchanges and scholarships for 
    Tibetans and Burmese
Sec. 2416. Surrogate broadcasting study
Sec. 2417. Radio broadcasting to Iran in the Farsi language
Sec. 2418. Authority to administer summer travel and work programs
Sec. 2419. Permanent administrative authorities regarding 
    appropriations
Sec. 2420. Voice of America broadcasts

    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

Sec. 2501. International conferences and contingencies............   195
Sec. 2502. Restriction relating to United States accession to any 
    new international criminal tribunal...........................   195
Sec. 2503. United States membership in the Bureau of the 
    Interparliamentary Union......................................   196
Sec. 2504. Service in international organizations.................   197
Sec. 2505. Reports regarding foreign travel.......................   197

      TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 2601. Authorization of appropriations........................   199
Sec. 2602. Statutory construction [amends other legislation]

       TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 [see page 2098]

Sec. 2701. Short title
Sec. 2702. Statement of policy
Sec. 2703. Authorities relating to NATO enlargement
Sec. 2704. Sense of Congress with respect to the Treaty on 
    Conventional Armed Forces in Europe
Sec. 2705. Restrictions and requirements relating to ballistic 
    missile defense

              TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS

Sec. 2801. Reports on claims by United States firms against the 
    Government of Saudi Arabia....................................   199
Sec. 2802. Reports on determinations under title IV of the 
    Libertad Act..................................................   200
Sec. 2803. Report on compliance with the Hague Convention on 
    International Child Abduction.................................   200
Sec. 2804. Sense of Congress relating to recognition of the 
    Ecumenical Patriarchate by the Government of Turkey...........   202
Sec. 2805. Report on relations with Vietnam.......................   202
Sec. 2806. Reports and policy concerning human rights violations 
    in Laos.......................................................   203
Sec. 2807. Report on an alliance against narcotics trafficking in 
    the Western Hemisphere........................................   203
Sec. 2808. Congressional statement regarding the accession of 
    Taiwan to the World Trade Organization........................   204
Sec. 2809. Programs or projects of the International Atomic Energy 
    Agency in Cuba................................................   205
Sec. 2810. Limitation on assistance to countries aiding Cuba 
    nuclear development...........................................   206
Sec. 2811. International Fund for Ireland [amends other 
    legislation]
Sec. 2812. Support for democratic opposition in Iraq..............   207
Sec. 2813. Development of democracy in the Republic of Serbia.....   208

          * * * * * * *

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

SEC. 2001.\3\ SHORT TITLE.

    This subdivision may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999''.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------

SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

    In this subdivision, 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.

   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

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) \4\ Diplomatic and consular programs.--For 
        ``Diplomatic and Consular Programs'', of the Department 
        of State $1,730,000,000 for the fiscal year 1998 and 
        $1,644,300,000 for the fiscal year 1999.
---------------------------------------------------------------------------
    \4\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2494), provided 
the following:
---------------------------------------------------------------------------

                   ``diplomatic and consular programs
---------------------------------------------------------------------------
    ``For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and 
for expenses of general administration; $1,705,600,000: Provided, That 
of the amount made available under this heading, not to exceed 
$4,000,000 may be transferred to, and merged with, funds in the 
`Emergencies in the Diplomatic and Consular Service' appropriations 
account, to be available only for emergency evacuations and terrorism 
rewards: Provided further, That notwithstanding section 140(a)(5), and 
the second sentence of section 140(a)(3), of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), 
fees may be collected during fiscal years 1998 and 1999 under the 
authority of section 140(a)(1) of that Act: Provided further, That all 
fees collected under the preceding proviso shall be deposited in fiscal 
years 1998 and 1999 as an offsetting collection to appropriations made 
under this heading to recover costs as set forth under section 
140(a)(2) of that Act and shall remain available until expended.
    ``In addition to funds otherwise available, of the funds provided 
under this heading, $24,856,000 shall be available only for the 
Diplomatic Telecommunications Service for operation of existing base 
services and $17,312,000 shall be available only for the enhancement of 
the Diplomatic Telecommunications Service and shall remain available 
until expended.
    ``In addition, not to exceed $700,000 in registration fees 
collected pursuant to section 38 of the Arms Export Control Act, as 
amended, may be used in accordance with section 45 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2717); in addition 
not to exceed $1,252,000 shall be derived from fees collected from 
other executive agencies for lease or use of facilities located at the 
International Center in accordance with section 4 of the International 
Center Act (Public Law 90-553), as amended, and in addition, as 
authorized by section 5 of such Act $490,000, to be derived from the 
reserve authorized by that section, to be used for the purposes set out 
in that section; and in addition not to exceed $15,000 which shall be 
derived from reimbursements, surcharges, and fees for use of Blair 
House facilities in accordance with section 46 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
    ``Notwithstanding section 402 of this Act, not to exceed 20 percent 
of the amounts made available in this Act in the appropriation accounts 
`Diplomatic and Consular Programs' and `Salaries and Expenses' under 
the heading ``Administration of Foreign Affairs' may be transferred 
between such appropriation accounts: Provided, That any transfer 
pursuant to this sentence shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    ``In addition, for counterterrorism requirements overseas, 
including security guards and equipment, $23,700,000, to remain 
available until expended.''.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-92), provided the following:
---------------------------------------------------------------------------

                   ``diplomatic and consular programs
---------------------------------------------------------------------------
    ``For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and 
for expenses of general administration, $1,644,300,000: Provided, That, 
of the amount made available under this heading, not to exceed 
$4,000,000 may be transferred to, and merged with, funds in the 
`Emergencies in the Diplomatic and Consular Service' appropriations 
account, to be available only for emergency evacuations and terrorism 
rewards: Provided further, That of the amount made available under this 
heading, $500,000 shall be available only for the National Law Center 
for Inter-American Free Trade: Provided further, That notwithstanding 
section 140(a)(5), and the second sentence of section 140(a)(3), of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236), fees may be collected during fiscal years 1999 and 2000 
under the authority of section 140(a)(1) of that Act: Provided further, 
That all fees collected under the preceding proviso shall be deposited 
in fiscal years 1999 and 2000 as an offsetting collection to 
appropriations made under this heading to recover costs as set forth 
under section 140(a)(2) of that Act and shall remain available until 
expended.
    ``In addition, not to exceed $1,252,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act (Public Law 90-553), as amended; in addition, 
as authorized by section 5 of such Act, $490,000, to be derived from 
the reserve authorized by that section, to be used for the purposes set 
out in that section; and, in addition, not to exceed $15,000, which 
shall be derived from reimbursements, surcharges, and fees for use of 
Blair House facilities in accordance with section 46 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
    ``Notwithstanding section 402 of this Act, not to exceed 20 percent 
of the amounts made available in this Act in the appropriation accounts 
`Diplomatic and Consular Programs' and `Salaries and Expenses' under 
the heading `Administration of Foreign Affairs' may be transferred 
between such appropriation accounts: Provided, That any transfer 
pursuant to this sentence shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.''.
---------------------------------------------------------------------------
          (2) \5\ Salaries and expenses.--
---------------------------------------------------------------------------
    \5\ For fiscal year 1998, the Department of State and Related 
Agencies Appropriations Act, 1998 (title IV of Public Law 105-119; 111 
Stat. 2494), provided $363,513,000 for ``Salaries and Expenses''.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-93), provided $355,000,000 for ``Salaries and 
Expenses'', of which $813,333, ``shall be transferred to the 
Presidential Advisory Commission on Holocaust Assets in the United 
States''.
---------------------------------------------------------------------------
                  (A) Authorization of appropriations.--For 
                ``Salaries and Expenses'', of the Department of 
                State $363,513,000 for the fiscal year 1998 and 
                $355,000,000 for the fiscal year 1999.
                  (B) Limitations.--Of the amounts authorized 
                to be appropriated by subparagraph (A), 
                $2,000,000 for fiscal year 1998 and $2,000,000 
                for the fiscal year 1999 are authorized to be 
                appropriated only for the recruitment of 
                minorities for careers in the Foreign Service 
                and international affairs.
          (3) \6\ Capital investment fund.--For ``Capital 
        Investment Fund'', of the Department of State 
        $86,000,000 for the fiscal year 1998 and $80,000,000 
        for the fiscal year 1999.
---------------------------------------------------------------------------
    \6\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2495), provided 
$86,000,000'' for the ``Capital Investment Fund'' for fiscal year 1998.

    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-93), provied $80,000,000.
---------------------------------------------------------------------------
          (4) \7\ Security and maintenance of united states 
        missions.--For ``Security and Maintenance of United 
        States Missions'', $404,000,000 for the fiscal year 
        1998 and $403,561,000 for the fiscal year 1999.
---------------------------------------------------------------------------
    \7\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2496), provided 
$404,000,000 for ``Security and Maintenance of United States Missions'' 
for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-94), provided $403,561,000.
---------------------------------------------------------------------------
          (5) \8\ Representation allowances.--For 
        ``Representation Allowances'', $4,200,000 for the 
        fiscal year 1998 and $4,350,000 for the fiscal year 
        1999.
---------------------------------------------------------------------------
    \8\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 24946, provided 
$4,200,000 for ``Representation Allowances'' for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-94), provided $4,350,000.
---------------------------------------------------------------------------
          (6) \9\ Emergencies in the diplomatic and consular 
        service.--For ``Emergencies in the Diplomatic and 
        Consular Service'', $5,500,000 for the fiscal year 1998 
        and $5,500,000 for the fiscal year 1999.
---------------------------------------------------------------------------
    \9\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2496), provieded 
$5,500,000 for ``Emergencies in the Diplomatic and Consular Service'' 
for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-94), provided $5,500,000.
---------------------------------------------------------------------------
          (7) \10\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $27,495,000 for 
        the fiscal year 1998 and $27,495,000 for the fiscal 
        year 1999.
---------------------------------------------------------------------------
    \10\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2495), provided 
$27,495,000 for ``Office of Inspector General'' for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-94), provided $27,495,000.
---------------------------------------------------------------------------
          (8) \11\ Payment to the american institute in 
        taiwan.--For ``Payment to the American Institute in 
        Taiwan'', $14,000,000 for the fiscal year 1998 and 
        $14,750,000 for the fiscal year 1999.
---------------------------------------------------------------------------
    \11\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2496), provided 
$14,000,000 for ``Payment to the American Institute in Taiwan'' for 
fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-95), provided $14,750,000.
---------------------------------------------------------------------------
          (9) \12\ Protection of foreign missions and 
        officials.--(A) For ``Protection of Foreign Missions 
        and Officials'', $7,900,000 for the fiscal year 1998 
        and $8,100,000 for the fiscal year 1999.
---------------------------------------------------------------------------
    \12\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2496), provided 
$7,900,000 for ``Protection of Foreign Missions and Officials'' for 
fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-94), provided $8,100,000.
---------------------------------------------------------------------------
          (B) Each amount appropriated pursuant to this 
        paragraph is authorized to remain available through 
        September 30 of the fiscal year following the fiscal 
        year for which the amount appropriated was made.
          (10) \13\ Repatriation loans.--For ``Repatriation 
        Loans'', $1,200,000 for the fiscal year 1998 and 
        $1,200,000 for the fiscal year 1999, for administrative 
        expenses.
---------------------------------------------------------------------------
    \13\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2496), provided 
$593,000 for the cost of direct loans, and $607,000 for related 
administrative expenses for the ``Repatriation Loans Program Account'' 
for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-94), provided $593,000 for the cost of direct 
loans, and $607,000, for related administrative expenses.
---------------------------------------------------------------------------

SEC. 2102. 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) \14\ for ``Salaries and Expenses'' 
                $17,490,000 for the fiscal year 1998 and 
                $19,551,000 for the fiscal year 1999; and
---------------------------------------------------------------------------
    \14\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2499), provided 
$17,490,000 for ``Salaries and Expenses'' for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-97), provided $19,551,000.
---------------------------------------------------------------------------
                  (B) \15\ for ``Construction'' $6,463,000 for 
                the fiscal year 1998 and $6,463,000 for the 
                fiscal year 1999.
---------------------------------------------------------------------------
    \15\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2499), provided 
$6,463,000 for ``Construction'' for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-97), provided $5,939,000.
---------------------------------------------------------------------------
          (2) \16\ International boundary commission, united 
        states and canada.--For ``International Boundary 
        Commission, United States and Canada'', $761,000 for 
        the fiscal year 1998 and $761,000 for the fiscal year 
        1999.
---------------------------------------------------------------------------
    \16\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2499), provided 
the following:
---------------------------------------------------------------------------

             ``american sections, international commissions
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$5,490,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-97), similarly provided $5,733,000.
---------------------------------------------------------------------------
          (3) \16\ International joint commission.--For 
        ``International Joint Commission'', $3,189,000 for the 
        fiscal year 1998 and $3,432,000 for the fiscal year 
        1999.
          (4) \17\ International fisheries commissions.--For 
        ``International Fisheries Commissions'', $14,549,000 
        for the fiscal year 1998 and $14,549,000 for the fiscal 
        year 1999.
---------------------------------------------------------------------------
    \17\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 24949, provided 
$14,549,000 for ``International Fisheries Commissions'' for fiscal year 
1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-97), provided $14,549,000.
---------------------------------------------------------------------------

SEC. 2103. GRANTS TO THE ASIA FOUNDATION.

    Section 404 of The Asia Foundation Act (title IV of Public 
Law 98-164) is amended to read as follows:
    ``Sec. 404. There are authorized to be appropriated to the 
Secretary of State $10,000,000 for each of the fiscal years 
1998 and 1999 for grants to The Asia Foundation pursuant to 
this title.''.\18\
---------------------------------------------------------------------------
    \18\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2499), provided 
$8,000,000 for ``Payment to the Asia Foundation'' for fiscal year 1998.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-97), provided $8,250,000.
---------------------------------------------------------------------------

SEC. 2104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
    (a) \19\ Authorization of Appropriations.--There are 
authorized to be appropriated for ``Voluntary Contributions to 
International Organizations'', $194,500,000 for the fiscal year 
1998 and $214,000,000 for the fiscal year 1999.
---------------------------------------------------------------------------
    \19\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2497), provided 
the following for fiscal year 1998:
---------------------------------------------------------------------------

             ``International Organizations and Conferences

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$922,000,000: Provided, That any payment of arrearages shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings: Provided 
further, That, of the funds appropriated in this paragraph, 
$100,000,000 may be made available only on a semi-annual basis pursuant 
to a certification by the Secretary of State on a semi-annual basis, 
that the United Nations has taken no action during the preceding 6 
months to increase funding for any United Nations program without 
identifying an offsetting decrease during that 6-month period elsewhere 
in the United Nations budget and cause the United Nations to exceed the 
expected reform budget for the biennium 1998-1999 of $2,533,000,000: 
Provided further, That not to exceed $15,000,000 shall be transferred 
from funds made available under this heading to the `International 
Conferences and Contingencies' account for United States contributions 
to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, 
except that such transferred funds may be obligated or expended only 
for Commission meetings and sessions, provisional technical secretariat 
salaries and expenses, other Commission administrative and training 
activities, including purchase of training equipment, and upgrades to 
existing internationally based monitoring systems involved in 
cooperative data sharing agreements with the United States as of the 
date of enactment of this Act, until the United States Senate ratifies 
the Comprehensive Nuclear Test Ban Treaty: Provided further, That 
notwithstanding section 402 of this Act, not to exceed $1,223,000 may 
be transferred from the funds made available under this heading to the 
``International Conferences and Contingencies'' account for assessed 
contributions to new or provisional international organizations or for 
travel expenses of official delegates to international conferences: 
Provided further, That any transfer pursuant to the previous proviso 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That not to exceed $2,000,000 shall only be available to 
establish an international center for response to chemical, biological, 
and nuclear weapons: Provided further, That funds appropriated under 
this paragraph may be obligated and expended to pay the full U.S. 
assessment to the civil budget of the North Atlantic Treaty 
Organization.
---------------------------------------------------------------------------
          * * * * * * *

                          ``arrearage payments
---------------------------------------------------------------------------
    ``For an additional amount for payment of arrearages to meet 
obligations of membership in the United Nations, and to pay assessed 
expenses of international peacekeeping activities, $475,000,000, to 
remain available until expended: Provided, That none of the funds 
appropriated or otherwise made available under this heading for payment 
of arrearages may be obligated or expended unless such obligation or 
expenditure is expressly authorized by law: Provided further, That none 
of the funds appropriated or otherwise made available under this 
heading for payment of arrearages may be obligated or expended until 
such time as the share of the total of all assessed contributions for 
the regular budget of the United Nations does not exceed 22 percent for 
any single United Nations member, and the share of the budget for each 
assessed United Nations peacekeeping operation does not exceed 25 
percent for any single United Nations member.''.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-95), provided the following:
---------------------------------------------------------------------------

             ``International Organizations and Conferences

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$922,000,000: Provided, That any payment of arrearages shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings: Provided 
further, That, of the funds appropriated in this paragraph, 
$100,000,000 may be made available only on a semi-annual basis pursuant 
to a certification by the Secretary of State on a semi-annual basis, 
that the United Nations has taken no action during the preceding 6 
months to increase funding for any United Nations program without 
identifying an offsetting decrease during that 6-month period elsewhere 
in the United Nations budget and cause the United Nations to exceed the 
expected reform budget for the biennium 1998-1999 of $2,533,000,000: 
Provided further, That not to exceed $15,000,000 shall be transferred 
from funds made available under this heading to the `International 
Conferences and Contingencies' account for United States contributions 
to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, 
except that such transferred funds may be obligated or expended only 
for Commission meetings and sessions, provisional technical secretariat 
salaries and expenses, other Commission administrative and training 
activities, including purchase of training equipment, and upgrades to 
existing internationally based monitoring systems involved in 
cooperative data sharing agreements with the United States as of the 
date of enactment of this Act, until the United States Senate ratifies 
the Comprehensive Nuclear Test Ban Treaty: Provided further, That 
notwithstanding section 402 of this Act, not to exceed $1,223,000 may 
be transferred from the funds made available under this heading to the 
``International Conferences and Contingencies'' account for assessed 
contributions to new or provisional international organizations or for 
travel expenses of official delegates to international conferences: 
Provided further, That any transfer pursuant to the previous proviso 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That not to exceed $2,000,000 shall only be available to 
establish an international center for response to chemical, biological, 
and nuclear weapons: Provided further, That funds appropriated under 
this paragraph may be obligated and expended to pay the full U.S. 
assessment to the civil budget of the North Atlantic Treaty 
Organization.
---------------------------------------------------------------------------
          * * * * * * *

                          ``arrearage payments
---------------------------------------------------------------------------
    ``For an additional amount for payment of arrearages to meet 
obligations of membership in the United Nations, and to pay assessed 
expenses of international peacekeeping activities, $475,000,000, to 
remain available until expended: Provided, That none of the funds 
appropriated or otherwise made available under this heading for payment 
of arrearages may be obligated or expended unless such obligation or 
expenditure is expressly authorized by law: Provided further, That none 
of the funds appropriated or otherwise made available under this 
heading for payment of arrearages may be obligated or expended until 
such time as the share of the total of all assessed contributions for 
the regular budget of the United Nations does not exceed 22 percent for 
any single United Nations member, and the share of the budget for each 
assessed United Nations peacekeeping operation does not exceed 25 
percent for any single United Nations member.''.
---------------------------------------------------------------------------
    (b) Limitations.--
          (1) World food program.--Of the amounts authorized to 
        be appropriated under subsection (a), $4,000,000 for 
        the fiscal year 1998 and $2,000,000 for the fiscal year 
        1999 are authorized to be appropriated only for a 
        United States contribution to the World Food Program.
          (2) United nations voluntary fund for victims of 
        torture.--Of the amount authorized to be appropriated 
        under subsection (a), $3,000,000 for the fiscal year 
        1998 and $3,000,000 for the fiscal year 1999 are 
        authorized to be appropriated only for a United States 
        contribution to the United Nations Voluntary Fund for 
        Victims of Torture.
          (3) International program on the elimination of child 
        labor.--Of the amounts authorized to be appropriated 
        under subsection (a), $5,000,000 for the fiscal year 
        1998 and $5,000,000 for the fiscal year 1999 are 
        authorized to be appropriated only for a United States 
        contribution to the International Labor Organization 
        for the activities of the International Program on the 
        Elimination of Child Labor.
    (c) Availability of Funds.--Amounts authorized to be 
appropriated under subsection (a) are authorized to remain 
available until expended.

SEC. 2105.\20\ VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS.

    There are authorized to be appropriated for ``Peacekeeping 
Operations'', $77,500,000 for the fiscal year 1998 and 
$83,000,000 for the fiscal year 1999 for the Department of 
State to carry out section 551 of Public Law 87-195.
---------------------------------------------------------------------------
    \20\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2498), provided 
the following for fiscal year 1998:
---------------------------------------------------------------------------

       ``contributions for international peacekeeping activities
---------------------------------------------------------------------------
    ``For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $256,000,000, of which 
not to exceed $46,000,000 shall remain available until expended for 
payment of arrearages: Provided, That none of the funds appropriated or 
otherwise made available by this Act for payment of arrearages may be 
obligated or expended unless such obligation or expenditure is 
expressly authorized by the enactment of an Act described in the first 
proviso under the heading `Contributions to International 
Organizations' in this title: Provided further, That none of the funds 
made available under this Act shall be obligated or expended for any 
new or expanded United Nations peacekeeping mission unless, at least 15 
days in advance of voting for the new or expanded mission in the United 
Nations Security Council (or in an emergency, as far in advance as is 
practicable): (1) the Committees on Appropriations of the House of 
Representatives and the Senate and other appropriate committees of the 
Congress are notified of the estimated cost and length of the mission, 
the vital national interest that will be served, and the planned exit 
strategy; and (2) a reprogramming of funds pursuant to section 605 of 
this Act is submitted, and the procedures therein followed, setting 
forth the source of funds that will be used to pay for the cost of the 
new or expanded mission: Provided further, That funds shall be 
available for peacekeeping expenses only upon a certification by the 
Secretary of State to the appropriate committees of the Congress that 
American manufacturers and suppliers are being given opportunities to 
provide equipment, services, and material for United Nations 
peacekeeping activities equal to those being given to foreign 
manufacturers and suppliers.''.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-96), provided the following:
---------------------------------------------------------------------------

       ``contributions for international peacekeeping activities
---------------------------------------------------------------------------
    ``For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $231,000,000: 
Provided, That none of the funds made available under this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency, as far in advance as is practicable): (1) the 
Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is 
submitted, and the procedures therein followed, setting forth the 
source of funds that will be used to pay for the cost of the new or 
expanded mission: Provided further, That funds shall be available for 
peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services, and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers: Provided further, That none of the funds made available 
under this heading are available to pay the United States share of the 
cost of court monitoring that is part of any United Nations 
peacekeeping mission.''.
---------------------------------------------------------------------------

SEC. 2106. LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO 
                    UNITED NATIONS DEVELOPMENT PROGRAM.

    (a) Limitation.--Of the amounts made available for fiscal 
years 1998 and 1999 for United States voluntary contributions 
to the United Nations Development Program an amount equal to 
the amount the United Nations Development Program will spend in 
Burma during each fiscal year shall be withheld unless during 
such fiscal year the President submits to the appropriate 
congressional committees the certification described in 
subsection (b).
    (b) Certification.--The certification referred to in 
subsection (a) is a certification by the President that all 
programs and activities of the United Nations Development 
Program (including United Nations Development Program--
Administered Funds) in Burma--
          (1) are focused on eliminating human suffering and 
        addressing the needs of the poor;
          (2) are undertaken only through international or 
        private voluntary organizations that have been deemed 
        independent of the State Law and Order Restoration 
        Council (SLORC), after consultation with the leadership 
        of the National League for Democracy and the leadership 
        of the National Coalition Government of the Union of 
        Burma;
          (3) provide no financial, political, or military 
        benefit to the SLORC; and
          (4) are carried out only after consultation with the 
        leadership of the National League for Democracy and the 
        leadership of the National Coalition Government of the 
        Union of Burma.

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                 CHAPTER 1--AUTHORITIES AND ACTIVITIES

SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO 
                    OVERSEAS EDUCATIONAL FACILITIES.

    Section 29 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2701) is amended by adding at the end the 
following: * * * \21\
---------------------------------------------------------------------------
    \21\ For amended text, see page 52.
---------------------------------------------------------------------------

SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

    Section 36 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708) is amended to read as follows: * * * \22\
---------------------------------------------------------------------------
    \22\ Sec. 2202 amended and restated sec. 36 of the State Department 
Basic Authorities Act of 1956. For amended text, see page 59.
---------------------------------------------------------------------------

SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS REGISTRATION 
                    FEES.

    Section 45(a) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2717(a)) is amended * * * \23\
---------------------------------------------------------------------------
    \23\ For amended text, see page 75.
---------------------------------------------------------------------------

SEC. 2204. FEES FOR COMMERCIAL SERVICES.

    Section 52(b) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2724(b)) is amended by adding at the end the 
following: * * * \24\
---------------------------------------------------------------------------
    \24\ For amended text see page 79.
---------------------------------------------------------------------------

SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.

    (a) Foreign Affairs Reimbursement.--
          (1) In general.--Section 701 of the Foreign Service 
        Act of 1980 (22 U.S.C. 4021) is amended * * * \25\
---------------------------------------------------------------------------
    \25\ For amended text, see page 632.
---------------------------------------------------------------------------
          (2) \26\ Effective date.--The amendments made by 
        paragraph (1) shall take effect on October 1, 1998.
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 4021 note.
---------------------------------------------------------------------------
          (3) Termination of pilot program.--Effective October 
        1, 2002, section 701 of the Foreign Service Act of 1980 
        (22 U.S.C. 4021), as amended by this subsection, is 
        further amended--
                  (A) by striking subsections (e) and (f); and
                  (B) by redesignating subsection (g) as 
                paragraph (4) of subsection (d).
    (b) Fees for Use of National Foreign Affairs Training 
Center.--Title I of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
end the following new section: * * * \27\
---------------------------------------------------------------------------
    \27\ Sec. 2205(b) added a new sec. 53 to the State Department Basic 
Authorities Act of 1956. For new text, see page 79.
---------------------------------------------------------------------------
    (c) \28\ Reporting on Pilot Program.--Two years after the 
date of enactment of this Act, the Secretary of State shall 
submit a report to the appropriate congressional committees 
containing--
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 2725 note.
---------------------------------------------------------------------------
          (1) the number of persons who have taken advantage of 
        the pilot program established under subsections (e) and 
        (f) of section 701 of the Foreign Service Act of 1980 
        and section 53 of the State Department Basic 
        Authorities Act of 1956, as added by this section;
          (2) the business or government affiliation of such 
        persons;
          (3) the amount of fees collected; and
          (4) the impact of the program on the primary mission 
        of the National Foreign Affairs Training Center.

SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

    Title I of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a et seq.), as amended by this division, is 
further amended by adding at the end the following new section: 
* * * \29\
---------------------------------------------------------------------------
    \29\ Sec. 2206 added a new sec. 54 to the State Department Basic 
Authorities Act of 1956; see page 80.
---------------------------------------------------------------------------

SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.

    Title I of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a et seq.), as amended by this division, is 
further amended by adding at the end the following new section: 
* * * \30\
---------------------------------------------------------------------------
    \30\ Sec. 2207 added a new sec. 55 to the State Department Basic 
Authorities Act of 1956; see page 80.
---------------------------------------------------------------------------

SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.

    (a) Procedures.--Section 209(c) of the Foreign Service Act 
of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the 
following:
          ``(4) The Inspector General shall develop and provide 
        to employees--
                  ``(A) information detailing their rights to 
                counsel; and
                  ``(B) guidelines describing in general terms 
                the policies and procedures of the Office of 
                Inspector General with respect to individuals 
                under investigation other than matters exempt 
                from disclosure under other provisions of 
                law.''.
    (b) Notice.--Section 209(e) of the Foreign Service Act of 
1980 (22 U.S.C. 3929(e)) is amended by adding at the end the 
following new paragraph:
    ``(3) The Inspector General shall ensure that only 
officials from the Office of the Inspector General may 
participate in formal interviews or other formal meetings with 
the individual who is the subject of an investigation, other 
than an intelligence-related or sensitive undercover 
investigation, or except in those situations when the Inspector 
General has a reasonable basis to believe that such notice 
would cause tampering with witnesses, destroying evidence, or 
endangering the lives of individuals, unless that individual 
receives prior adequate notice regarding participation by 
officials of any other agency, including the Department of 
Justice, in such interviews or meetings.''.
    (c) Report.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Inspector General of 
        the Department of State and the Foreign Service shall 
        submit a report to the appropriate congressional 
        committees which includes the following:
                  (A) Detailed descriptions of the internal 
                guidance developed or used by the Office of the 
                Inspector General with respect to public 
                disclosure of any information related to an 
                ongoing investigation of any officer or 
                employee of the Department of State, the United 
                States Information Agency, or the United States 
                Arms Control and Disarmament Agency.
                  (B) Detailed descriptions of those instances 
                for the year ending December 31, 1997, in which 
                any disclosure of information to the public by 
                an employee of the Office of Inspector General 
                about an ongoing investigation occurred, 
                including details on the recipient of the 
                information, the date of the disclosure, and 
                the internal clearance process for the 
                disclosure.
          (2) Statutory construction.--Disclosure of 
        information to the public under this section shall not 
        be construed to include information shared with 
        Congress by an employee of the Office of the Inspector 
        General.

SEC. 2209. CAPITAL INVESTMENT FUND.

    Section 135 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended * * * 
\31\
---------------------------------------------------------------------------
    \31\ For amended text, see page 227.
---------------------------------------------------------------------------

SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.

    Section 136(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended * * * 
\32\
---------------------------------------------------------------------------
    \32\ For amended text, see page 357.
---------------------------------------------------------------------------

SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION.

    Section 4(a) of the International Claims Settlement Act of 
1949 (22 U.S.C. 1623(a)) is amended * * * \33\
---------------------------------------------------------------------------
    \33\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. IV.
---------------------------------------------------------------------------

SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND 
                    PROCEEDINGS.

    (a) Recovery of Certain Expenses.--The Department of State 
Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the 
fifth undesignated paragraph under the heading entitled 
``international fisheries commission'' by inserting 
``(including such expenses as salaries and other personnel 
expenses)'' after ``extraordinary expenses''.
    (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. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF CHILDREN.

    Section 7 of the International Child Abduction Remedies Act 
(42 U.S.C. 11606; Public Law 100-300) is amended by adding at 
the end the following new subsection: * * * \34\
---------------------------------------------------------------------------
    \34\ For amended text, see page 2312.
---------------------------------------------------------------------------

SEC. 2214.\34\ COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE DEPARTMENT 
                    OF STATE.

    (a) Counterdrug and Law Enforcement Strategy.--
          (1) Requirement.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of State 
        shall establish, implement, and submit to Congress a 
        comprehensive, long-term strategy to carry out the 
        counterdrug responsibilities of the Department of State 
        in a manner consistent with the National Drug Control 
        Strategy. The strategy shall involve all elements of 
        the Department in the United States and abroad.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 2656.
---------------------------------------------------------------------------
          (2) Objectives.--In establishing the strategy, the 
        Secretary shall--
                  (A) coordinate with the Office of National 
                Drug Control Policy in the development of 
                clear, specific, and measurable counterdrug 
                objectives for the Department that support the 
                goals and objectives of the National Drug 
                Control Strategy;
                  (B) develop specific and, to the maximum 
                extent practicable, quantifiable measures of 
                performance relating to the objectives, 
                including annual and long-term measures of 
                performance, for purposes of assessing the 
                success of the Department in meeting the 
                objectives;
                  (C) assign responsibilities for meeting the 
                objectives to appropriate elements of the 
                Department;
                  (D) develop an operational structure within 
                the Department that minimizes impediments to 
                meeting the objectives;
                  (E) ensure that every United States 
                ambassador or chief of mission is fully briefed 
                on the strategy, and works to achieve the 
                objectives; and
                  (F) ensure that--
                          (i) all budgetary requests and 
                        transfers of equipment (including the 
                        financing of foreign military sales and 
                        the transfer of excess defense 
                        articles) relating to international 
                        counterdrug efforts conforms with the 
                        objectives; and
                          (ii) the recommendations of the 
                        Department regarding certification 
                        determinations made by the President on 
                        March 1 as to the counterdrug 
                        cooperation, or adequate steps on its 
                        own, of each major illicit drug 
                        producing and drug trafficking country 
                        to achieve full compliance with the 
                        goals and objectives established by the 
                        United Nations Convention Against 
                        Illicit Traffic in Narcotic Drugs and 
                        Psychotropic Substances also conform to 
                        meet such objectives.
          (3) Reports.--Not later than February 15 of each year 
        subsequent to the submission of the strategy described 
        in paragraph (1), the Secretary shall submit to 
        Congress an update of the strategy. The update shall 
        include--
                  (A) an outline of the proposed activities 
                with respect to the strategy during the 
                succeeding year, including the manner in which 
                such activities will meet the objectives set 
                forth in paragraph (2); and
                  (B) detailed information on how certification 
                determinations described in paragraph (2)(F) 
                made the previous year affected achievement of 
                the objectives set forth in paragraph (2) for 
                the previous calendar year.
          (4) Limitation on delegation.--The Secretary shall 
        designate an official in the Department who reports 
        directly to the Secretary to oversee the implementation 
        of the strategy throughout the Department.
    (b) Information on International Criminals.--
          (1) Information system.--The Secretary shall, in 
        consultation with the heads of appropriate United 
        States law enforcement agencies, including the Attorney 
        General and the Secretary of the Treasury, take 
        appropriate actions to establish an information system 
        or improve existing information systems containing 
        comprehensive information on serious crimes committed 
        by foreign nationals. The information system shall be 
        available to United States embassies and missions 
        abroad for use in consideration of applications for 
        visas for entry into the United States.
          (2) Report.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall submit to 
        the appropriate congressional committees a report on 
        the actions taken under paragraph (1).
    (c) Overseas Coordination of Counterdrug and Anticrime 
Programs, Policy, and Assistance.--
          (1) Strengthening coordination.--The responsibilities 
        of every diplomatic mission of the United States shall 
        include the strengthening of cooperation between and 
        among the United States and foreign governmental 
        entities and multilateral entities with respect to 
        activities relating to international narcotics and 
        crime.
          (2) Designation of officers.--
                  (A) In general.--Consistent with existing 
                memoranda of understanding between the 
                Department of State and other departments and 
                agencies of the United States, including the 
                Department of Justice, the chief of mission of 
                every diplomatic mission of the United States 
                shall designate an officer or officers within 
                the mission to carry out the responsibility of 
                the mission under paragraph (1), including the 
                coordination of counterdrug, law enforcement, 
                rule of law, and administration of justice 
                programs, policy, and assistance. Such officer 
                or officers shall report to the chief of 
                mission, or the designee of the chief of 
                mission, on a regular basis regarding 
                activities undertaken in carrying out such 
                responsibility.
                  (B) Reports.--The chief of mission of every 
                diplomatic mission of the United States shall 
                submit to the Secretary on a regular basis a 
                report on the actions undertaken by the mission 
                to carry out such responsibility.
          (3) Report to congress.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary 
        shall submit to the Committee on Foreign Relations of 
        the Senate and the Committee on International Relations 
        of the House of Representatives a report on the status 
        of any proposals for action or on action undertaken to 
        improve staffing and personnel management at diplomatic 
        missions of the United States in order to carry out the 
        responsibility set forth in paragraph (1).

SEC. 2215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES.

    The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et 
seq.) is amended by adding at the end the following new 
section: * * * \35\
---------------------------------------------------------------------------
    \35\ Sec. 2215 added a new sec. 12 to the Foreign Service Buildings 
Act, 1926; see page 1111.
---------------------------------------------------------------------------

SEC. 2216. HUMAN RIGHTS REPORTS.

    Section 116(d) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(d)) is amended * * * \36\
---------------------------------------------------------------------------
    \36\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. I-A.
---------------------------------------------------------------------------

SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.

    Title I of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a et seq.), as amended by this division, is 
further amended by adding at the end the following new section: 
* * * \37\
---------------------------------------------------------------------------
    \37\ Sec. 2217 added a new sec. 56 to the State Department Basic 
Authorities Act of 1956; see page 80.
---------------------------------------------------------------------------

SEC. 2218.\38\ REAFFIRMING UNITED STATES INTERNATIONAL 
                    TELECOMMUNICATIONS POLICY.

    (a) Procurement Policy.--It is the policy of the United 
States to foster and support procurement of goods and services 
from private, commercial companies.
---------------------------------------------------------------------------
    \38\ 22 U.S.C. 2669b.
---------------------------------------------------------------------------
    (b) Implementation.--In order to achieve the policy set 
forth in subsection (a), the Diplomatic Telecommunications 
Service Program Office (DTS-PO) shall--
          (1) utilize full and open competition, to the maximum 
        extent practicable, in the procurement of 
        telecommunications services, including satellite space 
        segment, for the Department of State and each other 
        Federal entity represented at United States diplomatic 
        missions and consular posts overseas;
          (2) make every effort to ensure and promote the 
        participation in the competition for such procurement 
        of commercial private sector providers of satellite 
        space segment who have no ownership or other connection 
        with an intergovernmental satellite organization; and
          (3) implement the competitive procedures required by 
        paragraphs (1) and (2) at the prime contracting level 
        and, to the maximum extent practicable, the 
        subcontracting level.

SEC. 2219. REDUCTION OF REPORTING.

    (a) Repeals.--The following provisions of law are repealed:
          (1) Model foreign language competence posts.--The 
        second sentence of section 161(c) of the Foreign 
        Relations Authorization Act, Fiscal Year 1990 and 1991 
        (22 U.S.C. 4171 note).
          (2) Actions of the government of haiti.--Section 
        705(c) of the International Security and Development 
        Cooperation Act of 1985 (Public Law 99-83).
          (3) Training facility for the foreign service 
        institute.--Section 123(e)(2) of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (Public 
        Law 99-93).
          (4) Military assistance for haiti.--Section 203(c) of 
        the Special Foreign Assistance Act of 1986 (Public Law 
        99-529).
          (5) International sugar agreement, 1977.--Section 5 
        of the Act entitled ``An Act providing for the 
        implementation of the International Sugar Agreement, 
        1977, and for other purposes'' (Public Law 96-236; 7 
        U.S.C. 3605 and 3606).
          (6) Audience survey of worldnet program.--Section 209 
        (c) and (d) of the Foreign Relations Authorization Act, 
        Fiscal Years 1988 and 1989 (Public Law 100-204).
          (7) Research on the near and middle east.--Section 
        228(b) of the Foreign Relations Authorization Act, 
        Fiscal Years 1992 and 1993 (Public Law 102-138; 22 
        U.S.C. 2452 note).
    (b) Progress Toward Regional Nonproliferation.--Section 
620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2376(c); relating to periodic reports on progress toward 
regional nonproliferation) is amended by striking ``Not later 
than April 1, 1993 and every six months thereafter,'' and 
inserting ``Not later than April 1 of each year,''.
    (c) Report on Participation by United States Military 
Personnel Abroad in United States Elections.--Section 101(b)(6) 
of the Uniformed and Overseas Citizens Absentee Voting Act of 
1986 (42 U.S.C. 1973ff(b)(6)) is amended by striking ``of voter 
participation'' and inserting ``of uniformed services voter 
participation, a general assessment of overseas nonmilitary 
participation,''.

       CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED 
                    PASSPORT SERVICES.

    For each of the fiscal years 1998 and 1999, of the fees 
collected for expedited passport processing and deposited to an 
offsetting collection pursuant to title V of the Department of 
State and Related Agencies Appropriations Act for Fiscal Year 
1995 (Public Law 103-317; 22 U.S.C. 214 note), 30 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. 2222. CONSULAR OFFICERS.

    (a) Persons Authorized To Issue Reports of Births Abroad.--
Section 33 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding at 
the end the following: ``For purposes of this paragraph, the 
term `consular officer' includes any United States citizen 
employee of the Department of State who is designated by the 
Secretary of State to adjudicate nationality abroad pursuant to 
such regulations as the Secretary may prescribe.''.
    (b) Provisions Applicable to Consular Officers.--Section 
1689 of the Revised Statutes (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''.
    (c) Persons Authorized To Authenticate Foreign Documents.--
          (1) Designated united states citizens performing 
        notarial acts.--Section 1750 of the Revised Statutes, 
        as amended (22 U.S.C. 4221) is further amended by 
        inserting after the first sentence: ``At any post, 
        port, or place where there is no consular officer, the 
        Secretary of State may authorize any other officer or 
        employee of the United States Government who is a 
        United States citizen serving overseas, including any 
        contract employee of the United States Government, to 
        perform such acts, and any such contractor so 
        authorized shall not be considered to be a consular 
        officer.''.
          (2) Definition of consular officers.--Section 3492(c) 
        of title 18, United States Code, is amended by adding 
        at the end the following: ``For purposes of this 
        section and sections 3493 through 3496 of this title, 
        the term `consular officers' includes any United States 
        citizen who is designated to perform notarial functions 
        pursuant to section 1750 of the Revised Statutes, as 
        amended (22 U.S.C. 4221).''.
    (d) Persons Authorized To Administer Oaths.--Section 115 of 
title 35, United States Code, is amended by adding at the end 
the following: ``For purposes of this section, a consular 
officer shall include any United States citizen serving 
overseas, authorized to perform notarial functions pursuant to 
section 1750 of the Revised Statutes, as amended (22 U.S.C. 
4221).''.
    (e) Definition of Consular Officer.--Section 101(a)(9) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is 
amended by--
          (1) inserting ``or employee'' after ``officer'' the 
        second place it appears; and
          (2) inserting before the period at the end of the 
        sentence ``or, when used in title III, for the purpose 
        of adjudicating nationality''.
    (f) Training for Employees Performing Consular Functions.--
Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) 
is amended by adding at the end the following new subsection:
    ``(d)(1) Before a United States citizen employee (other 
than a diplomatic or consular officer of the United States) may 
be designated by the Secretary of State, pursuant to 
regulation, to perform a consular function abroad, the United 
States citizen employee shall--
          ``(A) be required to complete successfully a program 
        of training essentially equivalent to the training that 
        a consular officer who is a member of the Foreign 
        Service would receive for purposes of performing such 
        function; and
          ``(B) be certified by an appropriate official of the 
        Department of State to be qualified by knowledge and 
        experience to perform such function.
    ``(2) As used in this subsection, the term `consular 
function' includes the issuance of visas, the performance of 
notarial and other legalization functions, the adjudication of 
passport applications, the adjudication of nationality, and the 
issuance of citizenship documentation.''.

SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.

    Sections 1726, 1727, and 1728 of the Revised Statutes of 
the United States (22 U.S.C. 4212, 4213, and 4214), as amended 
(relating to accounting for consular fees) are repealed.

SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR 
                    TRAVEL ADVISORIES.

    (a) Foreign Airports.--Section 44908(a) of title 49, United 
States Code, is amended--
          (1) by inserting ``and'' at the end of paragraph (1);
          (2) by striking paragraph (2); and
          (3) by redesignating paragraph (3) as paragraph (2).
    (b) Foreign Ports.--Section 908(a) of the International 
Maritime and Port Security Act of 1986 (46 U.S.C. App. 1804(a)) 
is amended by striking the second sentence, relating to Federal 
Register publication by the Secretary of State.

SEC. 2225.\39\ DENIAL OF VISAS TO CONFISCATORS OF AMERICAN PROPERTY.

    (a) Denial of Visas.--Except as otherwise provided in 
section 401 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114), and subject to 
subsection (b), the Secretary of State may deny the issuance of 
a visa to any alien who--
---------------------------------------------------------------------------
    \39\ 8 U.S.C. 1182d.
---------------------------------------------------------------------------
          (1) through the abuse of position, including a 
        governmental or political party position, converts or 
        has converted for personal gain real property that has 
        been confiscated or expropriated, a claim to which is 
        owned by a national of the United States, or who is 
        complicit in such a conversion; or
          (2) induces any of the actions or omissions described 
        in paragraph (1) by any person.
    (b) Exceptions.--Subsection (a) shall not apply to--
          (1) any country established by international mandate 
        through the United Nations; or
          (2) any territory recognized by the United States 
        Government to be in dispute.
    (c) Reporting Requirement.--Not later than 6 months after 
the date of enactment of this Act, and every 12 months 
thereafter, the Secretary of State shall submit to the Speaker 
of the House of Representatives and to the chairman of the 
Committee on Foreign Relations of the Senate a report, 
including--
          (1) a list of aliens who have been denied a visa 
        under this subsection; and
          (2) a list of aliens who could have been denied a 
        visa under subsection (a) but were issued a visa and an 
        explanation as to why each such visa was issued.

SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL 
                    CHILD ABDUCTOR.

      (a) Amendment of Immigration and Nationality Act.--
Section 212(a)(10)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and 
inserting the following: * * * \40\
---------------------------------------------------------------------------
    \40\ See 8 U.S.C. 1182(a)(10)(C).
---------------------------------------------------------------------------
      (b) \41\ Effective Date.--The amendment made by 
subsection (a) shall apply to aliens seeking admission to the 
United States on or after the date of enactment of this Act.
---------------------------------------------------------------------------
    \41\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------

                   CHAPTER 3--REFUGEES AND MIGRATION

             Subchapter A--Authorization of Appropriations

SEC. 2231.\42\ MIGRATION AND REFUGEE ASSISTANCE.

      (a) Migration and Refugee Assistance.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated for ``Migration and 
        Refugee Assistance'' for authorized activities, 
        $650,000,000 for the fiscal year 1998 and $704,500,000 
        for the fiscal year 1999.
---------------------------------------------------------------------------
    \42\ Appropriations for Migration and Refugee Assistance as 
administered by the Department of State an are provided for in the 
anniual Foreign Operations, Export Financing, and Related Programs 
Appropriations Act.
    Fiscal year 1999 appropriations levels and conditions were provided 
in title II of sec. 101(d) of Public Law 105-277 (112 Stat. 2681-162):
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $640,000,000: Provided, That not more than $13,000,000 shall be 
available for administrative expenses: Provided further, That not less 
than $70,000,000 shall be made available for refugees from the former 
Soviet Union and Eastern Europe and other refugees resettling in 
Israel.
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $30,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this 
purpose.''.
    For fiscal year 1999, title II H.R. 3422, enacted by reference in 
sec. 1001(a)(2) of Public Law 106-113 (113 Stat. 1535), provided:
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $625,000,000, of which $21,000,000 shall become available for 
obligation on September 30, 2000, and remain available until expended: 
Provided, That not more than $13,800,000 shall be available for 
administrative expenses: Provided further, That not less than 
$60,000,000 shall be made available for refugees from the former Soviet 
Union and Eastern Europe and other refugees resettling in Israel.
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $12,500,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Act which would limit the amount of funds which could be 
appropriated for this purpose.''.
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          (2) Limitations.--
                  (A) Limitation regarding tibetan refugees in 
                india and nepal.--Of the amounts authorized to 
                be appropriated in paragraph (1), not more than 
                $2,000,000 for the fiscal year 1998 and 
                $2,000,000 for the fiscal year 1999 are 
                authorized to be available only for 
                humanitarian assistance, including food, 
                medicine, clothing, and medical and vocational 
                training, to Tibetan refugees in India and 
                Nepal who have fled Chinese-occupied Tibet.
                  (B) Refugees resettling in israel.--Of the 
                amounts authorized to be appropriated in 
                paragraph (1), $80,000,000 for the fiscal year 
                1998 and $80,000,000 for the fiscal year 1999 
                are authorized to be available for assistance 
                for refugees resettling in Israel from other 
                countries.
                  (C) Humanitarian assistance for displaced 
                burmese.--Of the amounts authorized to be 
                appropriated in paragraph (1), $1,500,000 for 
                the fiscal year 1998 and $1,500,000 for the 
                fiscal year 1999 for humanitarian assistance 
                are authorized to be available, including food, 
                medicine, clothing, and medical and vocational 
                training, to persons displaced as a result of 
                civil conflict in Burma, including persons 
                still within Burma.
      (b) Availability of Funds.--Funds appropriated pursuant 
to this section are authorized to remain available until 
expended.

                       Subchapter B--Authorities

SEC. 2241.\43\ UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF 
                    REFUGEES.

      (a) In General.--None of the funds made available by this 
subdivision shall be available to effect the involuntary return 
by the United States of 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, except on grounds recognized as 
precluding protection as a refugee under the United Nations 
Convention Relating to the Status of Refugees of July 28, 1951, 
and the Protocol Relating to the Status of Refugees of January 
31, 1967, subject to the reservations contained in the United 
States Senate Resolution of Ratification.
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 2601 note.
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      (b) Migration and Refugee Assistance.--None of the funds 
made available by section 2231 of this division or by section 
2(c) of the Migration and Refugee Assistance Act of 1962 (22 
U.S.C. 2601(c)) shall be available to effect the involuntary 
return of any person to any country unless the Secretary of 
State first notifies the appropriate congressional committees, 
except that in the case of an emergency involving a threat to 
human life the Secretary of State shall notify the appropriate 
congressional committees as soon as practicable.
      (c) Involuntary Return Defined.--As used in this section, 
the term ``to effect the involuntary return'' means to require, 
by means of physical force or circumstances amounting to a 
threat thereof, a person to return to a country against the 
person's will, regardless of whether the person is physically 
present in the United States and regardless of whether the 
United States acts directly or through an agent.

SEC. 2242.\44\ UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY 
                    RETURN OF PERSONS IN DANGER OF SUBJECTION TO 
                    TORTURE.

      (a) Policy.--It shall be the policy of the United States 
not to expel, extradite, or otherwise effect the involuntary 
return of any person to a country in which there are 
substantial grounds for believing the person would be in danger 
of being subjected to torture, regardless of whether the person 
is physically present in the United States.
---------------------------------------------------------------------------
    \44\ 8 U.S.C. 1231 note. In Department of State Public Notice 2991, 
effective February 26, 1999 (64 F.R. 9435), the Deputy Secretary of 
State issued a final rule to implement the Convention Against Torture 
and Other Cruel, Inhuman, or Degrading Treatment or Punishment. The 
regulations are codified at 22 CFR Part 95.
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      (b) Regulations.--Not later than 120 days after the date 
of enactment of this Act, the heads of the appropriate agencies 
shall prescribe regulations to implement the obligations of the 
United States under Article 3 of the United Nations Convention 
Against Torture and Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment, subject to any reservations, 
understandings, declarations, and provisos contained in the 
United States Senate resolution of ratification of the 
Convention.
      (c) Exclusion of Certain Aliens.--To the maximum extent 
consistent with the obligations of the United States under the 
Convention, subject to any reservations, understandings, 
declarations, and provisos contained in the United States 
Senate resolution of ratification of the Convention, the 
regulations described in subsection (b) shall exclude from the 
protection of such regulations aliens described in section 
241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)(B)).
      (d) Review and Construction.--Notwithstanding any other 
provision of law, and except as provided in the regulations 
described in subsection (b), no court shall have jurisdiction 
to review the regulations adopted to implement this section, 
and nothing in this section shall be construed as providing any 
court jurisdiction to consider or review claims raised under 
the Convention or this section, or any other determination made 
with respect to the application of the policy set forth in 
subsection (a), except as part of the review of a final order 
of removal pursuant to section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).
      (e) Authority To Detain.--Nothing in this section shall 
be construed as limiting the authority of the Attorney General 
to detain any person under any provision of law, including, but 
not limited to, any provision of the Immigration and 
Nationality Act.
      (f) Definitions.--
          (1) Convention defined.--In this section, the term 
        ``Convention'' means the United Nations Convention 
        Against Torture and Other Forms of Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York on 
        December 10, 1984.
          (2) Same terms as in the convention.--Except as 
        otherwise provided, the terms used in this section have 
        the meanings given those terms in the Convention, 
        subject to any reservations, understandings, 
        declarations, and provisos contained in the United 
        States Senate resolution of ratification of the 
        Convention.

SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.

      Section 34 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2706) is amended * * * \45\
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    \45\ For amended text, see page 57.
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SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.

    Section 584 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997 (Public Law 104-
208; 110 Stat. 3009-171) is amended * * * \46\
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    \46\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. I-A.
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SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.

    Beginning not later than 6 months after the date of 
enactment of this Act, and every 6 months thereafter, the 
Secretary of State shall supplement the monthly report to 
Congress entitled ``Update on Monitoring of Cuban Migrant 
Returnees'' with additional information concerning the methods 
employed by the Government of Cuba to enforce the United 
States-Cuba agreement of September 1994 and the treatment by 
the Government of Cuba of persons who have returned to Cuba 
pursuant to the United States-Cuba agreement of May 1995.

  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 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding 
at the end the following new subsection: * * * \47\
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    \47\ For amended text, see page 36.
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    (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).

SEC. 2302. ELIMINATION OF 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).

SEC. 2303. PERSONNEL MANAGEMENT.

    Section 1 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a), as amended by this division, is further 
amended by adding at the end the following new subsection: * * 
* \48\
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    \48\ For amended text see page 36.
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SEC. 2304. DIPLOMATIC SECURITY.

    Section 1 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a), as amended by this division, is further 
amended by adding at the end the following new subsection: * * 
* \49\
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    \49\ For amended text, see page 36.
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SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR THE 
                    DEPARTMENT OF STATE.

    (a) Under Secretaries.--
          (1) In general.--Section 1(b) of the State Department 
        Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is 
        amended by striking ``5'' and inserting ``6''.
          (2) Conforming amendment to title 5.--Section 5314 of 
        title 5, United States Code, is amended by striking 
        ``Under Secretaries of State (5)'' and inserting 
        ``Under Secretaries of State (6)''.
    (b) Assistant Secretaries.--
          (1) In general.--Section 1(c)(1) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2651a(c)(1)) is amended by striking ``20'' and 
        inserting ``24''.
          (2) Conforming amendment to title 5.--Section 5315 of 
        title 5, United States Code, is amended by striking 
        ``Assistant Secretaries of State (20)'' and inserting 
        ``Assistant Secretaries of State (24)''.
    (c) Deputy Assistant Secretaries.--Section 1 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as 
amended by this division, is further amended--
          (1) by striking subsection (d); and
          (2) by redesignating subsections (e), (f), (g), and 
        (h) as subsections (d), (e), (f), and (g), 
        respectively.

SEC. 2306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT SECRETARIES OF 
                    STATE. * * * \50\
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    \50\ Sec. 2306 amended sec. 1 of the State Department Basic 
Authorities Act of 1956; see page 36.
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  CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE

SEC. 2311. FOREIGN SERVICE REFORM.

    (a) Performance Pay.--Section 405 of the Foreign Service 
Act of 1980 (22 U.S.C. 3965) is amended--
          (1) in subsection (a), by striking ``Members'' and 
        inserting ``Subject to subsection (e), members''; and
          (2) by adding at the end the following new 
        subsection:
    ``(e) Notwithstanding any other provision of law, the 
Secretary of State may provide for recognition of the 
meritorious or distinguished service of any member of the 
Foreign Service described in subsection (a) (including any 
member of the Senior Foreign Service) by means other than an 
award of performance pay in lieu of making such an award under 
this section.''.
    (b) Expedited Separation Out.--
          (1) Separation of lowest ranked foreign service 
        members.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of State shall 
        develop and implement procedures to identify, and 
        recommend for separation, any member of the Foreign 
        Service ranked by promotion boards of the Department of 
        State in the bottom 5 percent of his or her class for 2 
        or more of the 5 years preceding the date of enactment 
        of this Act (in this subsection referred to as the 
        ``years of lowest ranking'') if the rating official for 
        such member was not the same individual for any two of 
        the years of lowest ranking.
          (2) Special internal reviews.--In any case where the 
        member was evaluated by the same rating official in any 
        2 of the years of lowest ranking, an internal review of 
        the member's file shall be conducted to determine 
        whether the member should be considered for action 
        leading to separation.
          (3) Procedures.--The Secretary of State shall develop 
        procedures for the internal reviews required under 
        paragraph (2).

SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION. * * * \51\
---------------------------------------------------------------------------

    \51\ Sec. 2312 amended the Foreign Service Act of 1980 at sec. 609 
and at sec. 855. Subsec. (c) of this section provided exception to the 
the amendments; see notes accompanying amended text.
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SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED FELONS FROM THE 
                    FOREIGN SERVICE.

    Section 610(a)(2) of the Foreign Service Act of 1980 (22 
U.S.C. 4010(a)(2)) is amended * * * \52\
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    \52\ For amended text, see page 629.
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SEC. 2314. CAREER COUNSELING.

    (a) In General.--Section 706(a) of the Foreign Service Act 
of 1980 (22 U.S.C. 4026(a)) is amended * * * \53\
---------------------------------------------------------------------------
    \53\ For amended text, see page 637.
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SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

    Section 1017(e)(2) of the Foreign Service Act of 1980 (22 
U.S.C. 4117(e)(2)) is amended to read as follows: * * * \54\
---------------------------------------------------------------------------
    \54\ For amended text, see page 722.
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SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN 
                    THE DIPLOMATIC SECURITY SERVICE.

    (a) In General.--Section 5545a of title 5, United States 
Code, is amended by adding at the end the following:
    ``(k)(1) For purposes of this section, the term `criminal 
investigator' includes a special agent occupying a position 
under title II of Public Law 99-399 if such special agent--
          ``(A) meets the definition of such term under 
        paragraph (2) of subsection (a) (applied disregarding 
        the parenthetical matter before subparagraph (A) 
        thereof); and
          ``(B) such special agent satisfies the requirements 
        of subsection (d) without taking into account any hours 
        described in paragraph (2)(B) thereof.
    ``(2) In applying subsection (h) with respect to a special 
agent under this subsection--
          ``(A) any reference in such subsection to `basic pay' 
        shall be considered to include amounts designated as 
        `salary';
          ``(B) paragraph (2)(A) of such subsection shall be 
        considered to include (in addition to the provisions of 
        law specified therein) sections 609(b)(1), 805, 806, 
        and 856 of the Foreign Service Act of 1980; and
          ``(C) paragraph (2)(B) of such subsection shall be 
        applied by substituting for `Office of Personnel 
        Management' the following: `Office of Personnel 
        Management or the Secretary of State (to the extent 
        that matters exclusively within the jurisdiction of the 
        Secretary are concerned)'.''.
    (b) Implementation.--Not later than the date on which the 
amendments made by this section take effect, each special agent 
of the Diplomatic Security Service who satisfies the 
requirements of subsection (k)(1) of section 5545a of title 5, 
United States Code, as amended by this section, and the 
appropriate supervisory officer, to be designated by the 
Secretary of State, shall make an initial certification to the 
Secretary of State that the special agent is expected to meet 
the requirements of subsection (d) of such section 5545a. The 
Secretary of State may prescribe procedures necessary to 
administer this subsection.
    (c) Technical and Conforming Amendments.--(1) Paragraph (2) 
of section 5545a(a) of title 5, United States Code, is amended 
(in the matter before subparagraph (A)) by striking ``Public 
Law 99-399)'' and inserting ``Public Law 99-399, subject to 
subsection (k))''.
    (2) Section 5542(e) of such title is amended by striking 
``title 18, United States Code,'' and inserting ``title 18 or 
section 37(a)(3) of the State Department Basic Authorities Act 
of 1956,''.
    (d) \55\ Effective Date.--The amendments made by this 
section shall take effect on the first day of the first 
applicable pay period--
---------------------------------------------------------------------------
    \55\ 5 U.S.C. 5542 note.
---------------------------------------------------------------------------
          (1) which begins on or after the 90th day following 
        the date of the enactment of this Act; and
          (2) on which date all regulations necessary to carry 
        out such amendments are (in the judgment of the 
        Director of the Office of Personnel Management and the 
        Secretary of State) in effect.

SEC. 2317. NONOVERTIME DIFFERENTIAL PAY.

    Title 5 of the United States Code is amended--
          (1) in section 5544(a), by inserting after the fourth 
        sentence the following new sentence: ``For employees 
        serving outside the United States in areas where Sunday 
        is a routine workday and another day of the week is 
        officially recognized as the day of rest and worship, 
        the Secretary of State may designate the officially 
        recognized day of rest and worship as the day with 
        respect to which the preceding sentence shall apply 
        instead of Sunday.''; and
          (2) at the end of section 5546(a), by adding the 
        following new sentence: ``For employees serving outside 
        the United States in areas where Sunday is a routine 
        workday and another day of the week is officially 
        recognized as the day of rest and worship, the 
        Secretary of State may designate the officially 
        recognized day of rest and worship as the day with 
        respect to which the preceding sentence shall apply 
        instead of Sunday.''.

SEC. 2318.\56\ REPORT CONCERNING MINORITIES AND THE FOREIGN SERVICE.

    The Secretary of State shall during each of calendar years 
1998 and 1999 submit a report to the Congress concerning 
minorities and the Foreign Service officer corps. In addition 
to such other information as is relevant to this issue, the 
report shall include the following data for the last preceding 
examination and promotion cycles for which such information is 
available (reported in terms of real numbers and percentages 
and not as ratios):
---------------------------------------------------------------------------
    \56\ 22 U.S.C. 3922a note.
---------------------------------------------------------------------------
          (1) The numbers and percentages of all minorities 
        taking the written Foreign Service examination.
          (2) The numbers and percentages of all minorities 
        successfully completing and passing the written Foreign 
        Service examination.
          (3) The numbers and percentages of all minorities 
        successfully completing and passing the oral Foreign 
        Service examination.
          (4) The numbers and percentages of all minorities 
        entering the junior officers class of the Foreign 
        Service.
          (5) The numbers and percentages of all minority 
        Foreign Service officers at each grade.
          (6) The numbers of and percentages of minorities 
        promoted at each grade of the Foreign Service officer 
        corps.

  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                             PROGRAMS \57\

          * * * * * * *
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    \57\ For title XXIV see beginning at page 1258.
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    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES.

    There are authorized to be appropriated for ``International 
Conferences and Contingencies'', $6,537,000 for the fiscal year 
1998 and $16,223,000 for the fiscal year 1999 for the 
Department of State to carry out the authorities, functions, 
duties, and responsibilities in the conduct of the foreign 
affairs of the United States with respect to international 
conferences and contingencies and to carry out other 
authorities in law consistent with such purposes.

SEC. 2502.\58\ RESTRICTION RELATING TO UNITED STATES ACCESSION TO ANY 
                    NEW INTERNATIONAL CRIMINAL TRIBUNAL.

    (a) Prohibition.--The United States shall not become a 
party to any new international criminal tribunal, nor give 
legal effect to the jurisdiction of such a tribunal over any 
matter described in subsection (b), except pursuant to--
---------------------------------------------------------------------------
    \58\ 22 U.S.C. 262-1.
---------------------------------------------------------------------------
          (1) a treaty made under Article II, section 2, clause 
        2 of the Constitution of the United States on or after 
        the date of enactment of this Act; or
          (2) any statute enacted by Congress on or after the 
        date of enactment of this Act.
    (b) Jurisdiction Described.--The jurisdiction described in 
this section is jurisdiction over--
          (1) persons found, property located, or acts or 
        omissions committed, within the territory of the United 
        States; or
          (2) nationals of the United States, wherever found.
    (c) Statutory Construction.--Nothing in this section 
precludes sharing information, expertise, or other forms of 
assistance with such tribunal.
    (d) Definition.--The term ``new international criminal 
tribunal'' means any permanent international criminal tribunal 
established on or after the date of enactment of this Act and 
does not include--
          (1) the International Tribunal for the Prosecution of 
        Persons Responsible for Serious Violations of 
        International Humanitarian Law in the Territory of the 
        Former Yugoslavia, as established by United Nations 
        Security Council Resolution 827 of May 25, 1993; or
          (2) the International Tribunal for the Prosecution of 
        Persons Responsible for Genocide and Other Serious 
        Violations of International Humanitarian Law Committed 
        in the Territory of Rwanda and Rwandan Citizens 
        Responsible for Genocide and Other Such Violations 
        Committed in the Territory of Neighboring States, as 
        established by United Nations Security Council 
        Resolution 955 of November 8, 1994.

SEC. 2503.\59\ UNITED STATES MEMBERSHIP IN THE BUREAU OF THE 
                    INTERPARLIAMENTARY UNION.

    (a) Interparliamentary Union Limitation.--Unless the 
Secretary of State certifies to Congress that the United States 
will be assessed not more than $500,000 for its annual 
contribution to the Bureau of the Interparliamentary Union 
during fiscal year 1999, then effective October 1, 1999, the 
authority for further participation by the United States in the 
Bureau shall terminate in accordance with subsection (d).
---------------------------------------------------------------------------
    \59\ 22 U.S.C. 276 note.
---------------------------------------------------------------------------
    (b) Elimination of Authority To Pay Expenses of the 
American Group.--Section 1 of 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) is amended--
          (1) in the first sentence--
                  (A) by striking ``fiscal year'' and all that 
                follows through ``(1) for'' and inserting 
                ``fiscal year for'';
                  (B) by striking ``; and''; and
                  (C) by striking paragraph (2); and
          (2) by striking the second sentence.
    (c) Elimination of Permanent Appropriation.--Section 303 of 
the Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1988 (as contained in 
section 101(a) of the Continuing Appropriations Act, 1988 
(Public Law 100-202; 22 U.S.C. 276 note)) is amended--
          (1) by striking ``$440,000'' and inserting 
        ``$350,000''; and
          (2) by striking ``paragraph (2) of the first section 
        of Public Law 74-170,''.
    (d) Conditional Termination of Authority.--Unless Congress 
receives the certification described in subsection (a) before 
October 1, 1999, effective on that date 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.
    (e) Transfer of Funds to the Treasury.--Unobligated 
balances of appropriations made under section 303 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act 1988 (as contained in 
section 101(a) of the Continuing Appropriations Act, 1988; 
Public Law 100-202) that are available as of the day before the 
date of enactment of this Act shall be transferred on such date 
to the general fund of the Treasury of the United States.

SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Section 3582(b) of title 5, United States 
Code, is amended by striking all after the first sentence and 
inserting the following: ``On reemployment, an employee 
entitled to the benefits of subsection (a) is entitled to the 
rate of basic pay to which the employee would have been 
entitled had the employee remained in the civil service. On 
reemployment, the agency shall restore the sick leave account 
of the employee, by credit or charge, to its status at the time 
of transfer. The period of separation caused by the employment 
of the employee with the international organization and the 
period necessary to effect reemployment are deemed creditable 
service for all appropriate civil service employment purposes. 
This subsection does not apply to a congressional employee.''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to transfers that take effect on or 
after the date of enactment of this Act.

SEC. 2505.\60\ REPORTS REGARDING FOREIGN TRAVEL.

    (a) Prohibition.--Except as provided in subsection (e), 
none of the funds authorized to be appropriated by this 
division for fiscal year 1999 may be used to pay for the 
expenses of foreign travel by an officer or employee of an 
Executive branch agency to attend an international conference, 
or for the routine services that a United States diplomatic 
mission or consular post provides in support of foreign travel 
by such an officer or employee to attend an international 
conference, unless that officer or employee has submitted a 
preliminary report with respect to that foreign travel in 
accordance with subsection (b), and has not previously failed 
to submit a final report with respect to foreign travel to 
attend an international conference required by subsection (c).
---------------------------------------------------------------------------
    \60\ 5 U.S.C. 5707 note.
---------------------------------------------------------------------------
    (b) Preliminary Reports.--A preliminary report referred to 
in subsection (a) is a report by an officer or employee of an 
Executive branch agency with respect to proposed foreign travel 
to attend an international conference, submitted to the 
Director prior to commencement of the travel, setting forth--
          (1) the name and employing agency of the officer or 
        employee;
          (2) the name of the official who authorized the 
        travel; and
          (3) the purpose and duration of the travel.
    (c) Final Reports.--A final report referred to in 
subsection (a) is a report by an officer or employee of an 
Executive branch agency with respect to foreign travel to 
attend an international conference, submitted to the Director 
not later than 30 days after the conclusion of the travel--
          (1) setting forth the actual duration and cost of the 
        travel; and
          (2) updating any other information included in the 
        preliminary report.
    (d) Report to Congress.--The Director shall submit a report 
not later than April 1, 1999, to the Committees on Foreign 
Relations and Appropriations of the Senate and the Committees 
on International Relations and Appropriations of the House of 
Representatives, setting forth with respect to each 
international conference for which reports described in 
subsection (c) were required to be submitted to the Director 
during the preceding six months--
          (1) the names and employing agencies of all officers 
        and employees of Executive branch agencies who attended 
        the international conference;
          (2) the names of all officials who authorized travel 
        to the international conference, and the total number 
        of officers and employees who were authorized to travel 
        to the conference by each such official; and
          (3) the total cost of travel by officers and 
        employees of Executive branch agencies to the 
        international conference.
    (e) Exceptions.--This section shall not apply to travel 
by--
          (1) the President or the Vice President;
          (2) any officer or employee who is carrying out an 
        intelligence or intelligence-related activity, who is 
        performing a protective function, or who is engaged in 
        a sensitive diplomatic mission; or
          (3) any officer or employee who travels prior to 
        January 1, 1999.
    (f) Definitions.--In this section:
          (1) Director.--The term ``Director'' means the 
        Director of the Office of International Conferences of 
        the Department of State.
          (2) Executive branch agency.--The terms ``Executive 
        branch agency'' and ``Executive branch agencies'' 
        mean--
                  (A) an entity or entities, other than the 
                General Accounting Office, defined in section 
                105 of title 5, United States Code; and
                  (B) the Executive Office of the President 
                (except as provided in subsection (e)).
          (3) International conference.--The term 
        ``international conference'' means any meeting held 
        under the auspices of an international organization or 
        foreign government, at which representatives of more 
        than two foreign governments are expected to be in 
        attendance, and to which United States Executive branch 
        agencies will send a total of ten or more 
        representatives.
    (g) Report.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the President 
shall submit to the appropriate congressional committees a 
report describing--
          (1) the total Federal expenditure of all official 
        international travel in each Executive branch agency 
        during the previous fiscal year; and
          (2) the total number of individuals in each agency 
        who engaged in such travel.

     TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

SEC. 2601.\61\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the 
purposes of the Arms Control and Disarmament Act $41,500,000 
for the fiscal year 1999.
---------------------------------------------------------------------------
    \61\ The Department of State and Related Agencies Appropriations 
Act, 1998 (title IV of Public Law 105-119; 111 Stat. 2500), provided 
the following:
---------------------------------------------------------------------------

                 ``Arms Control and Disarmament Agency

               ``arms control and disarmament activities
---------------------------------------------------------------------------
    ``For necessary expenses not otherwise provided, for arms control, 
nonproliferation, and disarmament activities, $41,500,000, of which not 
to exceed $50,000 shall be for official reception and representation 
expenses as authorized by the Act of September 26, 1961, as amended (22 
U.S.C. 2551 et seq.).
---------------------------------------------------------------------------

                             ``(rescission)
---------------------------------------------------------------------------
    ``Of the unexpended balances previously appropriated under this 
heading, $700,000 are rescinded.''.
    For fiscal year 1999, the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-98), provided:
---------------------------------------------------------------------------

                 ``Arms Control and Disarmament Agency

               ``arms control and disarmament activities
---------------------------------------------------------------------------
    ``For necessary expenses not otherwise provided, for arms control, 
nonproliferation, and disarmament activities, $41,500,000, of which not 
to exceed $50,000 shall be for official reception and representation 
expenses as authorized by the Act of September 26, 1961, as amended (22 
U.S.C. 2551 et seq.).''.
---------------------------------------------------------------------------

SEC. 2602. STATUTORY CONSTRUCTION.

    Section 303 of the Arms Control and Disarmament Act (22 
U.S.C. 2573), as redesignated by section 2223 of this division, 
is amended by adding at the end the following new subsection: * 
* * \62\
---------------------------------------------------------------------------
    \62\ For amended text, see page 1547.
---------------------------------------------------------------------------

            TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 \63\

          * * * * * * *
---------------------------------------------------------------------------
    \63\ 22 U.S.C. 1928 note. For text see beginning at page 2098.
---------------------------------------------------------------------------

             TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS

SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE 
                    GOVERNMENT OF SAUDI ARABIA.

    (a) In General.--Not later than 90 days after the date of 
the enactment of this Act and every 180 days thereafter, the 
Secretary of State, after consultation with the Secretary of 
Defense and the Secretary of Commerce, shall submit a report to 
the appropriate congressional committees on specific actions 
taken by the Department of State, the Department of Defense, 
and the Department of Commerce toward progress in resolving the 
commercial disputes between United States firms and 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), including the additional claims noticed 
by the Department of Commerce on page 2 of that report.
    (b) Termination.--Subsection (a) shall cease to have effect 
on the earlier of--
          (1) the date of submission of the seventh \64\ report 
        under that subsection; or
---------------------------------------------------------------------------
    \64\ Sec. 209(a) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``third'' and inserted in lieu thereof 
``seventh''.
---------------------------------------------------------------------------
          (2) the date that the Secretary of State, after 
        consultation with the Secretary of Defense and the 
        Secretary of Commerce, certifies in writing to the 
        appropriate congressional committees that the 
        commercial disputes referred to in subsection (a) have 
        been resolved satisfactorily.

SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERTAD 
                    ACT.

    (a) Reports Required.--Not later than 30 days after the 
date of the enactment of this Act and every 3 months thereafter 
during the period ending September 30, 2001,\65\ the Secretary 
of State shall submit to the appropriate congressional 
committees a report on the implementation of section 401 of the 
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 
(22 U.S.C. 6091). Each report shall include--
---------------------------------------------------------------------------
    \65\ Sec. 209(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``September 30, 1999,'' and inserted in 
lieu thereof ``September 30, 2001,''.
---------------------------------------------------------------------------
          (1) an unclassified list, by economic sector, of the 
        number of entities then under review pursuant to that 
        section;
          (2) an unclassified list of all entities and a 
        classified list of all individuals that the Secretary 
        of State has determined to be subject to that section;
          (3) an unclassified list of all entities and a 
        classified list of all individuals that the Secretary 
        of State has determined are no longer subject to that 
        section;
          (4) an explanation of the status of the review 
        underway for the cases referred to in paragraph (1); 
        and
          (5) an unclassified explanation of each determination 
        of the Secretary of State under section 401(a) of that 
        Act and each finding of the Secretary under section 
        401(c) of that Act--
                  (A) since the date of the enactment of this 
                Act, in the case of the first report under this 
                subsection; and
                  (B) in the preceding 3-month period, in the 
                case of each subsequent report.
    (b) Protection of Identity of Concerned Entities.--In 
preparing the report under subsection (a), the names of 
entities shall not be identified under paragraph (1) or (4).

SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON 
                    INTERNATIONAL CHILD ABDUCTION.

    (a) In General.--Beginning 6 months after the date of the 
enactment of this Act and every 12 months thereafter during the 
period ending September 30, 2001,\66\ the Secretary of State 
shall submit a report to the appropriate congressional 
committees on the compliance with the provisions of the 
Convention on the Civil Aspects of International Child 
Abduction, done at The Hague on October 25, 1980, by the 
signatory countries of the Convention. Each such report shall 
include the following information:
---------------------------------------------------------------------------
    \66\ Sec. 202(1) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``1999,'' and inserted in lieu thereof 
``2001,''.
---------------------------------------------------------------------------
          (1) The number of applications for the return of 
        children submitted by applicants in the United States 
        \67\ to the Central Authority for the United States 
        that remain unresolved more than 18 months after the 
        date of filing.
---------------------------------------------------------------------------
    \67\ Sec. 202(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``United States citizens'' and inserted in 
lieu thereof ``applicants in the United States''.
---------------------------------------------------------------------------
          (2) A list of the countries to which children in 
        unresolved applications described in paragraph (1) are 
        alleged to have been abducted, are being wrongfully 
        retained in violation of United States court orders, or 
        which have failed to comply with any of their 
        obligations under such convention with respect to 
        applications for the return of children, access to 
        children, or both, submitted by applicants in the 
        United States.\68\
---------------------------------------------------------------------------
    \68\ Sec. 202(3) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``abducted.'' and inserted in lieu thereof 
``abducted, are being wrongfully retained in violation of United States 
court orders, or which have failed to comply with any of their 
obligations under such convention with respect to applications for the 
return of children, access to children, or both, submitted by 
applicants in the United States.''.
---------------------------------------------------------------------------
          (3) A list of the countries that have demonstrated a 
        pattern of noncompliance with the obligations of the 
        Convention with respect to applications for the return 
        of children, access to children, or both,\69\ submitted 
        by applicants in the United States \70\ to the Central 
        Authority for the United States.
---------------------------------------------------------------------------
    \69\ Sec. 202(4)(A) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``children'' and inserted in lieu thereof 
``children, access to children, or both,''.
    \70\ Sec. 202(4)(B) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``United States citizens'' and inserted in 
lieu thereof ``applicants in the United States''.
---------------------------------------------------------------------------
          (4) Detailed information on each unresolved case 
        described in paragraph (1) and on actions taken by the 
        Department of State to resolve each such case, 
        including the specific actions taken by the United 
        States chief of mission in the country to which the 
        child is alleged to have been abducted.\71\
---------------------------------------------------------------------------
    \71\ Sec. 202(5) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added ``, including the specific actions taken by the 
United States chief of mission in the country to which the child is 
alleged to have been abducted''.
---------------------------------------------------------------------------
          (5) Information on efforts by the Department of State 
        to encourage other countries to become signatories of 
        the Convention.
          (6) \72\ A list of the countries that are parties to 
        the Convention in which, during the reporting period, 
        parents who have been left-behind \73\ in the United 
        States have not been able to secure prompt enforcement 
        of a final return or access order under a Hague 
        proceeding, of a United State custody, access, or 
        visitation order, or of an access or visitation order 
        by authorities in the country concerned, due to the 
        absence of a prompt and effective method for 
        enforcement of civil court orders, the absence of a 
        doctrine of comity, or other factors.
---------------------------------------------------------------------------
    \72\ Sec. 202(6) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added paras. (6) and (7).
    \73\ As enrolled.
---------------------------------------------------------------------------
          (7) \72\ A description of the efforts of the 
        Secretary of State to encourage the parties to the 
        Convention to facilitate the work of nongovernmental 
        organizations within their countries that assist 
        parents seeking the return of children under the 
        Convention.
    (b) Definition.--In this section, the term ``Central 
Authority for the United States'' has the meaning given the 
term in Article 6 of the Convention on the Civil Aspects of 
International Child Abduction, done at The Hague on October 25, 
1980.

SEC. 2804. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE ECUMENICAL 
                    PATRIARCHATE BY THE GOVERNMENT OF TURKEY.

    It is the sense of Congress that the United States should 
use its influence with the Government of Turkey to suggest that 
the Government of Turkey--
          (1) recognize the Ecumenical Patriarchate and its 
        nonpolitical, religious mission;
          (2) ensure the continued maintenance of the 
        institution's physical security needs, as provided for 
        under Turkish and international law, including the 
        Treaty of Lausanne, the 1968 Protocol, the Helsinki 
        Final Act (1975), and the Charter of Paris;
          (3) provide for the proper protection and safety of 
        the Ecumenical Patriarch and Patriarchate personnel; 
        and
          (4) reopen the Ecumenical Patriarchate's Halki 
        Patriarchal School of Theology.

SEC. 2805. REPORT ON RELATIONS WITH VIETNAM.

    In order to provide Congress with the necessary information 
by which to evaluate the relationship between the United States 
and Vietnam, the Secretary of State shall submit a report to 
the appropriate congressional committees, not later than 90 
days after the date of enactment of this Act and every 180 days 
thereafter during the period ending September 30, 2001,\74\ on 
the extent to which--
---------------------------------------------------------------------------
    \74\ Sec. 209(c) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``September 30, 1999,'' and inserted in 
lieu thereof ``September 30, 2001,''.
---------------------------------------------------------------------------
          (1) the Government of the Socialist Republic of 
        Vietnam is cooperating with the United States in 
        providing the fullest possible accounting of all 
        unresolved cases of prisoners of war (POWs) or persons 
        missing-in-action (MIAs) through the provision of 
        records and the unilateral and joint recovery and 
        repatriation of American remains;
          (2) the Government of the Socialist Republic of 
        Vietnam has made progress toward the release of all 
        political and religious prisoners, including Catholic, 
        Protestant, and Buddhist clergy;
          (3) the Government of the Socialist Republic of 
        Vietnam is cooperating with requests by the United 
        States to obtain full and free access to persons of 
        humanitarian interest to the United States for 
        interviews under the Orderly Departure (ODP) and 
        Resettlement Opportunities for Vietnamese Refugees 
        (ROVR) programs, and in providing exit visas for such 
        persons;
          (4) the Government of the Socialist Republic of 
        Vietnam has taken vigorous action to end extortion, 
        bribery, and other corrupt practices in connection with 
        such exit visas; and
          (5) the Government of the United States is making 
        vigorous efforts to interview and resettle former 
        reeducation camp victims, their immediate families 
        including unmarried sons and daughters, former United 
        States Government employees, and other persons eligible 
        for the ODP program, and to give such persons the full 
        benefit of all applicable United States laws including 
        sections 599D and 599E of the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act of 1990 (Public Law 101-167).

SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN 
                    LAOS.

    Not later than 180 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to the 
appropriate congressional committees on the allegations of 
persecution and abuse of the Hmong and Laotian refugees who 
have returned to Laos. The report shall include the following:
          (1) A full investigation, including full 
        documentation of individual cases of persecution, of 
        the Lao Government's treatment of Hmong and Laotian 
        refugees who have returned to Laos.
          (2) The steps the Department of State will take to 
        continue to monitor any systematic human rights 
        violations by the Government of Laos.
          (3) The actions which the Department of State will 
        take to seek to ensure the cessation of human rights 
        violations.

SEC. 2807. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE 
                    WESTERN HEMISPHERE.

    (a) Sense of Congress on Discussions for Alliance.--
          (1) Sense of congress.--It is the sense of Congress 
        that the President should discuss with the 
        democratically-elected governments of the Western 
        Hemisphere, the prospect of forming a multilateral 
        alliance to address problems relating to international 
        drug trafficking in the Western Hemisphere.
          (2) Consultations.--In the consultations on the 
        prospect of forming an alliance described in paragraph 
        (1), the President should seek the input of such 
        governments on the possibility of forming one or more 
        structures within the alliance--
                  (A) to develop a regional, multilateral 
                strategy to address the threat posed to nations 
                in the Western Hemisphere by drug trafficking; 
                and
                  (B) to establish a new mechanism for 
                improving multilateral coordination of drug 
                interdiction and drug-related law enforcement 
                activities in the Western Hemisphere.
    (b) Report.--
          (1) Requirement.--Not later than 60 days after the 
        date of enactment of this Act, the President shall 
        submit to Congress a report on the proposal discussed 
        under subsection (a). The report shall include the 
        following:
                  (A) An analysis of the reactions of the 
                governments concerned to the proposal.
                  (B) An assessment of the proposal, including 
                an evaluation of the feasibility and 
                advisability of forming the alliance.
                  (C) A determination in light of the analysis 
                and assessment whether or not the formation of 
                the alliance is in the national interests of 
                the United States.
                  (D) If the President determines that the 
                formation of the alliance is in the national 
                interests of the United States, a plan for 
                encouraging and facilitating the formation of 
                the alliance.
                  (E) If the President determines that the 
                formation of the alliance is not in the 
                national interests of the United States, an 
                alternative proposal to improve significantly 
                efforts against the threats posed by narcotics 
                trafficking in the Western Hemisphere, 
                including an explanation of how the alternative 
                proposal will--
                          (i) improve upon current cooperation 
                        and coordination of counter-drug 
                        efforts among nations in the Western 
                        Hemisphere;
                          (ii) provide for the allocation of 
                        the resources required to make 
                        significant progress in disrupting and 
                        disbanding the criminal organizations 
                        responsible for the trafficking of 
                        illegal drugs in the Western 
                        Hemisphere; and
                          (iii) differ from and improve upon 
                        past strategies adopted by the United 
                        States Government which have failed to 
                        make sufficient progress against the 
                        trafficking of illegal drugs in the 
                        Western Hemisphere.
          (2) Unclassified form.--The report under paragraph 
        (1) shall be submitted in unclassified form, but may 
        contain a classified annex.

SEC. 2808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF TAIWAN TO 
                    THE WORLD TRADE ORGANIZATION.

    (a) Findings.--The Congress makes the following findings:
          (1) The people of the United States and the people of 
        the Republic of China on Taiwan have long enjoyed 
        extensive ties.
          (2) Taiwan is currently the 8th largest trading 
        partner of the United States.
          (3) The executive branch of Government has committed 
        publicly to support Taiwan's bid to join the World 
        Trade Organization and has declared that the United 
        States will not oppose this bid solely on the grounds 
        that the People's Republic of China, which also seeks 
        membership in the World Trade Organization, is not yet 
        eligible because of its unacceptable trade practices.
          (4) The United States and Taiwan have concluded 
        discussions on a variety of outstanding trade issues 
        that remain unresolved with the People's Republic of 
        China and that are necessary for the United States to 
        support Taiwan's membership in the World Trade 
        Organization.
          (5) The reversion of control over Hong Kong--a member 
        of the World Trade Organization--to the People's 
        Republic of China in many respects affords to the 
        People's Republic of China the practical benefit of 
        membership in the World Trade Organization for a 
        substantial portion of its trade in goods despite the 
        fact that the trade practices of the People's Republic 
        of China currently fall far short of what the United 
        States expects for membership in the World Trade 
        Organization.
          (6) The executive branch of Government has announced 
        its interest in the admission of the People's Republic 
        of China to the World Trade Organization; the 
        fundamental sense of fairness of the people of the 
        United States warrants the United States Government's 
        support for Taiwan's relatively more meritorious 
        application for membership in the World Trade 
        Organization.
          (7) Despite having made significant progress in 
        negotiations for its accession to the World Trade 
        Organization, Taiwan has yet to offer acceptable terms 
        of accession in agricultural and certain other market 
        sectors.
          (8) It is in the economic interest of United States 
        consumers and exporters for Taiwan to complete those 
        requirements for accession to the World Trade 
        Organization at the earliest possible moment.
    (b) Congressional Statement.--The Congress favors public 
support by officials of the Department of State for the 
accession of Taiwan to the World Trade Organization.

SEC. 2809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY 
                    AGENCY IN CUBA.

    (a) Withholding of United States Proportional Share of 
Assistance.--Section 307(c) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2227(c)) is amended--
          (1) by striking ``The limitations'' and inserting 
        ``(1) Subject to paragraph (2), the limitations''; and
          (2) by adding at the end the following:
    ``(2)(A) Except as provided in subparagraph (B), with 
respect to funds authorized to be appropriated by this chapter 
and available for the International Atomic Energy Agency, the 
limitations of subsection (a) shall apply to programs or 
projects of such Agency in Cuba.
    ``(B)(i) Subparagraph (A) shall not apply with respect to 
programs or projects of the International Atomic Energy Agency 
that provide for the discontinuation, dismantling, or safety 
inspection of nuclear facilities or related materials, or for 
inspections and similar activities designed to prevent the 
development of nuclear weapons by a country described in 
subsection (a).
    ``(ii) Clause (i) shall not apply with respect to the 
Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro 
Pi Nuclear Research Center unless Cuba--
          ``(I) ratifies the Treaty on the Non-Proliferation of 
        Nuclear Weapons (21 UST 483) or the Treaty for the 
        Prohibition of Nuclear Weapons in Latin America 
        (commonly known as the Treaty of Tlatelolco);
          ``(II) negotiates full-scope safeguards of the 
        International Atomic Energy Agency not later than two 
        years after ratification by Cuba of such Treaty; and
          ``(III) incorporates internationally accepted nuclear 
        safety standards.''.
    (b) \75\ Opposition to Certain Programs or Projects.--The 
Secretary of State shall direct the United States 
representative to the International Atomic Energy Agency to 
oppose the following:
---------------------------------------------------------------------------
    \75\ 22 U.S.C. 2021 note.
---------------------------------------------------------------------------
          (1) Technical assistance programs or projects of the 
        Agency at the Juragua Nuclear Power Plant near 
        Cienfuegos, Cuba, and at the Pedro Pi Nuclear Research 
        Center.
          (2) Any other program or project of the Agency in 
        Cuba that is, or could become, a threat to the security 
        of the United States.
    (c) \75\ Reporting Requirements.--
          (1) Request for iaea reports.--The Secretary of State 
        shall direct the United States representative to the 
        International Atomic Energy Agency to request the 
        Director-General of the Agency to submit to the United 
        States all reports prepared with respect to all 
        programs or projects of the Agency that are of concern 
        to the United States, including the programs or 
        projects described in subsection (b).
          (2) Annual reports to the congress.--Not later than 
        180 days after the date of the enactment of this Act, 
        and on an annual basis thereafter, the Secretary of 
        State, in consultation with the United States 
        representative to the International Atomic Energy 
        Agency, shall prepare and submit to the Congress a 
        report containing a description of all programs or 
        projects of the Agency in each country described in 
        section 307(a) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227(a)).

SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA NUCLEAR 
                    DEVELOPMENT.

    (a) In General.--Section 620 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2370), as amended by this division, is 
further amended by adding at the end the following:
    ``(y)(1) Except as provided in paragraph (2), the President 
shall withhold from amounts made available under this Act or 
any other Act and allocated for a country for a fiscal year an 
amount equal to the aggregate value of nuclear fuel and related 
assistance and credits provided by that country, or any entity 
of that country, to Cuba during the preceding fiscal year.
    ``(2) The requirement to withhold assistance for a country 
for a fiscal year under paragraph (1) shall not apply if Cuba--
          ``(A) has ratified the Treaty on the Non-
        Proliferation of Nuclear Weapons (21 UST 483) or the 
        Treaty of Tlatelelco, and Cuba is in compliance with 
        the requirements of either such Treaty;
          ``(B) has negotiated and is in compliance with full-
        scope safeguards of the International Atomic Energy 
        Agency not later than two years after ratification by 
        Cuba of such Treaty; and
          ``(C) incorporates and is in compliance with 
        internationally accepted nuclear safety standards.
    ``(3) The Secretary of State shall prepare and submit to 
the Congress each year a report containing a description of the 
amount of nuclear fuel and related assistance and credits 
provided by any country, or any entity of a country, to Cuba 
during the preceding year, including the terms of each transfer 
of such fuel, assistance, or credits.''.
    (b) Effective Date.--Section 620(y) of the Foreign 
Assistance Act of 1961, as added by subsection (a), shall apply 
with respect to assistance provided in fiscal years beginning 
on or after the date of the enactment of this Act.

SEC. 2811. INTERNATIONAL FUND FOR IRELAND. * * * \76\
---------------------------------------------------------------------------

    \76\ Sec. 2811 amended the Anglo-Irish Agreement Support Act of 
1986 in several sections. See Legislation on Foreign Relations Through 
2001, vol. I-B.
---------------------------------------------------------------------------

SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.

    (a) Assistance for Justice in Iraq.--There are authorized 
to be appropriated for fiscal year 1998 $3,000,000 for 
assistance to an international commission to establish an 
international record for the criminal culpability of Saddam 
Hussein and other Iraqi officials and for an international 
criminal tribunal established for the purpose of indicting, 
prosecuting, and punishing Saddam Hussein and other Iraqi 
officials responsible for crimes against humanity, genocide, 
and other violations of international law.
    (b) Assistance to the Democratic Opposition in Iraq.--There 
are authorized to be appropriated for fiscal year 1998 
$15,000,000 to provide support for democratic opposition forces 
in Iraq, of which--
          (1) not more than $10,000,000 shall be for assistance 
        to the democratic opposition, including leadership 
        organization, training political cadre, maintaining 
        offices, disseminating information, and developing and 
        implementing agreements among opposition elements; and
          (2) not more than $5,000,000 of the funds made 
        available under this subsection shall be available only 
        for grants to RFE/RL, Incorporated, for surrogate radio 
        broadcasting by RFE/RL, Incorporated, to the Iraqi 
        people in the Arabic language, such broadcasts to be 
        designated as ``Radio Free Iraq''.
    (c) Assistance for Humanitarian Relief and 
Reconstruction.--There are authorized to be appropriated for 
fiscal year 1998 $20,000,000 for the relief, rehabilitation, 
and reconstruction of people living in Iraq, and communities 
located in Iraq, who are not under the control of the Saddam 
Hussein regime.
    (d) Availability.--Amounts authorized to be appropriated by 
this section shall be provided in addition to amounts otherwise 
made available and shall remain available until expended.
    (e) Notification.--All assistance provided pursuant to this 
section shall be notified to Congress in accordance with the 
procedures applicable to reprogramming notifications under 
section 634A of the Foreign Assistance Act of 1961.
    (f) Relation to Other Laws.--Funds made available to carry 
out the provisions of this section may be made available 
notwithstanding any other provision of law.
    (g) Report.--Not later than 45 days after the date of 
enactment of this Act, the Secretary of State and the 
Broadcasting Board of Governors of the United States 
Information Agency shall submit a detailed report to Congress 
describing--
          (1) the costs, implementation, and plans for the 
        establishment of an international war crimes tribunal 
        described in subsection (a);
          (2) the establishment of a political assistance 
        program, and the surrogate broadcasting service, as 
        described in subsection (b); and
          (3) the humanitarian assistance program described in 
        subsection (c).

SEC. 2813. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF SERBIA.

    (a) Findings.--Congress makes the following findings:
          (1) The United States stands as the beacon of 
        democracy and freedom in the world.
          (2) A stable and democratic Republic of Serbia is 
        important to the interests of the United States, the 
        international community, and to peace in the Balkans.
          (3) Democratic forces in the Republic of Serbia are 
        beginning to emerge, notwithstanding the efforts of 
        Europe's longest-standing communist dictator, Slobodan 
        Milosevic.
          (4) The Serbian authorities have sought to continue 
        to hinder the growth of free and independent news media 
        in the Republic of Serbia, in particular the broadcast 
        news media, and have harassed journalists performing 
        their professional duties.
          (5) Under Slobodan Milosevic, the political 
        opposition in Serbia has been denied free, fair, and 
        equal opportunity to participate in the democratic 
        process.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States, the international community, 
        nongovernmental organizations, and the private sector 
        should continue to promote the building of democratic 
        institutions and civic society in the Republic of 
        Serbia, help strengthen the independent news media, and 
        press for the Government of the Republic of Serbia to 
        respect the rule of law; and
          (2) the normalization of relations between the 
        ``Federal Republic of Yugoslavia'' (Serbia and 
        Montenegro) and the United States requires, among other 
        things, that President Milosevic and the leadership of 
        Serbia--
                  (A) promote the building of democratic 
                institutions, including strengthening the 
                independent news media and respecting the rule 
                of law;
                  (B) promote the respect for human rights 
                throughout the ``Federal Republic of 
                Yugoslavia'' (Serbia and Montenegro); and
                  (C) promote and encourage free, fair, and 
                equal conditions for the democratic opposition 
                in Serbia.
   h. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30, 1994; 
amended by Public Law 103-317 [Department of State Appropriations Act, 
  1995; H.R. 4603], 108 Stat. 1724 at 1760, approved August 26, 1994; 
 Public Law 103-415 [H.R. 5034], 108 Stat. 4299, approved October 25, 
1994; Public Law 103-337 [National Defense Authorization Act for Fiscal 
 Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994; Public 
 Law 104-17 [S. 962], 109 Stat. 191, approved July 2, 1995; Public Law 
104-22 [H.R. 2161], 109 Stat. 260, approved August 14, 1995; Public Law 
104-30 [H.R. 2404], 109 Stat. 277, approved September 30, 1995; Public 
  Law 104-47 [H.R. 2589], 109 Stat. 423, approved November 13, 1995; 
Public Law 104-89 [H.R. 2808], 109 Stat. 960, approved January 4, 1996; 
Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July 21, 1996; 
Public Law 104-208 [Omnibus Consolidated Appropriations Act, 1997; H.R. 
3610], 110 Stat. 3009, approved September 30, 1996; Public Law 105-277 
[Foreign Relations Authorization Act, Fiscal Years 1998 and 1999; H.R. 
 4328], 112 Stat. 2681-802, approved October 21, 1998; Public Law 105-
277 [Foreign Affairs Reform and Restructuring Act of 1998; H.R. 4328], 
 112 Stat. 2681, approved October 21, 1998; and by Public Law 106-113 
[Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by reference], 113 
                 Stat. 1536, approved November 29, 1999

  AN ACT To authorize appropriations for the Department of State, the 
 United States Information Agency, and related agencies, and for other 
                               purposes.


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.


    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

                                                                    Page

Sec. 1. Short title...............................................   209
Sec. 2. Table of contents.........................................   209

            TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES

                 Part A--Authorization of Appropriations

Sec. 101. Administration of foreign affairs.......................   215
Sec. 102. International organizations, programs, and conferences..   219
Sec. 103. International commissions...............................   221
Sec. 104. Migration and refugee assistance........................   222
Sec. 105. Other programs..........................................   223
Sec. 106. United States Arms Control and Disarmament Agency.......   223

                   Part B--Authorities and Activities

Sec. 121. Authorized strength of the Foreign Service..............   224
Sec. 122. Transfers and reprogrammings [amends other legislation]
Sec. 123. Expenses relating to certain international claims and 
    proceedings [amends other legislation]
Sec. 124. Child care facilities at certain posts abroad [amends 
    other legislation]
Sec. 125. Emergencies in the diplomatic and consular service 
    [amends other legislation]
Sec. 126. Role of the National Foreign Affairs Training Center 
    [amends other legislation]
Sec. 127. Consular authorities [amends other legislation]
Sec. 128. Report on consolidation of administrative operations....   225
Sec. 129. Facilitating access to the Department of State building.   226
Sec. 130. Report on safety and security of United States personnel 
    in Sarajevo...................................................   226
Sec. 131. Passport security.......................................   226
Sec. 132. Record of place of birth for Taiwanese-Americans........   226
Sec. 133. Terrorism rewards and reports [amends other legislation]   226
Sec. 134. Property agreements.....................................   227
Sec. 135. Capital investment fund.................................   227
Sec. 136. Fees for commercial services [amends other legislation]
Sec. 137. Personal services contracts abroad [amends other 
    legislation]
Sec. 138. Publishing international agreements [amends other 
    legislation]
Sec. 139. Repeal of reporting requirements [amends other 
    legislation]
Sec. 140. Visas...................................................   227
Sec. 141. Local guard contracts abroad [amends other legislation]
Sec. 142. Women's human rights protection.........................   230

                Part C--Department of State Organization

Sec. 161. Organization of the Department of State [amends other 
    legislation]..................................................   231
Sec. 162. Technical and conforming amendments [amends other 
    legislation]..................................................   232
Sec. 163. Director General of the Foreign Service [amends other 
    legislation]
Sec. 164. Administrative expenses [amends other legislation]

                            Part D--Personnel

                       SUBPART 1--GENERAL PROVISIONS

Sec. 171. Labor-management relations [amends other legislation]
Sec. 172. Waiver of limitation for certain claims for personal 
    property damage or loss [amends other legislation]............   232
Sec. 173. Senior Foreign Service performance pay [amends other 
    legislation]..................................................   233
Sec. 174. Reassignment and retirement of former presidential 
    appointees [amends other legislation]
Sec. 175. Report on classification of Senior Foreign Service 
    positions.....................................................   233
Sec. 176. Allowances [amends other legislation]
Sec. 177. Grievances [amends other legislation]
Sec. 178. Mid-level women and minority placement program..........   233
Sec. 179. Employment assistance referral system for certain 
    members of the Foreign Service................................   234
Sec. 180. United States citizens hired abroad [amends other 
    legislation]
Sec. 181. Reduction in force authority with regard to certain 
    members of the Foreign Service [amends other legislation].....   234
Sec. 182. Restoration of withheld benefits........................   235

     SUBPART 2--FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE

Sec. 191. Foreign language competence within the Foreign Service..   235
Sec. 192. Designation of Foreign Language Resources Coordinator...   236
Sec. 193. Foreign language services...............................   236

    TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

         Part A--Authorization of Appropriations [see page 1266]

Sec. 201. Authorization of appropriations.

      Part B--USIA and Related Agencies Authorities and Activities

Sec. 221. USIA office in Lhasa, Tibet.
Sec. 222. Changes in administrative authorities.
Sec. 223. Employment authority.
Sec. 224. Buying power maintenance account.
Sec. 225. Contract authority.
Sec. 226. United States transmitter in Kuwait.
Sec. 227. Fulbright-Hays Act Authorities.
Sec. 228. Separate ledger accounts for NED grantees.
Sec. 229. Coordination of United States exchange programs.
Sec. 230. Limitation concerning participation in international 
    expositions.
Sec. 231. Private sector opportunities.
Sec. 232. Authority to respond to public inquiries.
Sec. 233. Technical amendment relating to Near and Middle East 
    research and training.
Sec. 234. Distribution within the United States of certain 
    materials of the United States Information Agency.
Sec. 235. American studies collections.
Sec. 236. Educational and cultural exchanges with Tibet.
Sec. 237. Scholarships for East Timorese students.
Sec. 238. Cambodian scholarship and exchange programs.
Sec. 239. Increasing African participation in USIA exchange 
    programs.
Sec. 240. Environment and sustainable development exchange 
    program.
Sec. 241. South Pacific exchange programs.
Sec. 242. International exchange programs involving disability 
    related matters.

           Part C--Mike Mansfield Fellowships [see page 1273]

Sec. 251. Short title.
Sec. 252. Establishment of fellowship program.
Sec. 253. Program requirements.
Sec. 254. Separation of Government personnel during the 
    fellowships.
Sec. 255. Mansfield Fellows on detail from Government service.
Sec. 256. Liability for repayments.
Sec. 257. Definitions.

 TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT [see page 1475]

Sec. 301. Short title.
Sec. 302. Congressional findings and declaration of purposes.
Sec. 303. Standards and principles.
Sec. 304. Establishment of broadcasting Board of Governors.
Sec. 305. Authorities of the Board.
Sec. 306. Foreign policy guidance.
Sec. 307. International Broadcasting Bureau.
Sec. 308. Limits on grants for Radio Free Europe and Radio 
    Liberty.
Sec. 309. Radio Free Asia.
Sec. 310. Transition.
Sec. 311. Preservation of American jobs.
Sec. 312. Privatization of Radio Free Europe and Radio Liberty.
Sec. 313. Requirement for authorization of appropriations.
Sec. 314. Definitions.
Sec. 315. Technical and conforming amendments.

                  TITLE IV--INTERNATIONAL ORGANIZATIONS

        Part A--United Nations Reform and Peacekeeping Operations

Sec. 401. United Nations Office of Inspector General..............   237
Sec. 402. United States participation in management of the United 
    Nations.......................................................   238
Sec. 403. Sense of the Senate on Department of Defense funding for 
    United Nations peacekeeping operations........................   239
Sec. 404. Assessed contributions for United Nations peacekeeping 
    operations....................................................   239
Sec. 405. United States personnel taken prisoner while serving in 
    multinational forces..........................................   240
Sec. 406. Transmittals of certain United Nations documents [amends 
    other legislation]
Sec. 408. Transfers of excess defense articles for international 
    peacekeeping operations [amends other legislation]
Sec. 409. Reform in budget decisionmaking procedures of the United 
    Nations and its specialized agencies [amends other 
    legislation]..................................................   240
Sec. 410. Limitation on contributions to the United Nations and 
    affiliated organizations......................................   241
Sec. 411. United Nations Security Council membership..............   241
Sec. 412. Reforms in the World Health Organization................   242
Sec. 413. Reforms in the Food and Agriculture Organization........   242
Sec. 414. Sense of Congress regarding adherence to United Nations 
    Charter.......................................................   243
Sec. 415. Designated congressional committees.....................   243

    Part B--General Provisions and Other International Organizations

Sec. 421. Agreement on State and local taxation...................   243
Sec. 422. Conference on Security and Cooperation in Europe........   243
Sec. 423. International Boundary and Water Commission [amends 
    other legislation]
Sec. 424. United States membership in the Asian-Pacific Economic 
    Cooperation Organization......................................   244
Sec. 425. United States membership in the International Copper 
    Study Group...................................................   244
Sec. 426. Extension of the International Organizations Immunities 
    Act to the International Union for Conservation of Nature and 
    Natural Resources [amends other legislation]
Sec. 427. Inter-American organizations............................   244
Sec. 428. Prohibition on contributions to the International Coffee 
    Organization..................................................   244
Sec. 429. Prohibition on contributions to the International Jute 
    Organization..................................................   244
Sec. 430. Migration and refugee amendments [amends other 
    legislation]
Sec. 431. Withholding of United States contributions for certain 
    programs of international organizations [amends other 
    legislation]..................................................   245

                         TITLE V--FOREIGN POLICY

                       Part A--General Provisions

Sec. 501. United States policy concerning overseas assistance to 
    refugees and displaced persons................................   245
Sec. 502. Interparliamentary exchanges............................   247
Sec. 503. Food as a human right...................................   247
Sec. 504. Transparency in armaments...............................   248
Sec. 505. Sense of the Senate concerning Inspector General Act....   248
Sec. 506. Torture convention implementation.......................   248
Sec. 507. United States policy concerning Iraq....................   248
Sec. 508. High-level visits to Taiwan.............................   249
Sec. 509. Transfer of certain obsolete or surplus defense articles 
    in the War Reserve Allies Stockpile to the Republic of Korea..   249
Sec. 510. Extension of the Fair Trade in Auto Parts Act of 1988 
    [amends other legislation]....................................   250
Sec. 511. Report on the use of foreign frozen or blocked assets...   250
Sec. 512. Extension of certain adjudication provisions [amends 
    other legislation]
Sec. 513. Policy regarding the conditions which the Government of 
    the People's Republic of China should meet to continue to 
    receive nondiscriminatory most-favored-nation treatment.......   251
Sec. 514. Implementation of Partnership for Peace.................   252
Sec. 515. Policy toward Thailand, Cambodia, Laos, and Burma.......   253
Sec. 516. Peace process in Northern Ireland.......................   254
Sec. 517. Policy with respect to the establishment of an 
    international criminal court..................................   254
Sec. 518. International criminal court participation..............   255
Sec. 519. Protection of first and fourth amendment rights.........   255
Sec. 520. Policy on termination of United States arms embargo.....   255
Sec. 521. Sense of Senate on relations with Vietnam...............   258
Sec. 522. Report on sanctions on Vietnam..........................   258
Sec. 523. Report on People's Mujaheddin of Iran...................   258
Sec. 524. Amendments to the PLO Commitments Compliance Act [amends 
    other legislation]
Sec. 525. Free trade in ideas [amends other legislation]..........   259
Sec. 526. Embargo against Cuba....................................   260
Sec. 527. Expropriation of United States property.................   260
Sec. 528. Report on Russian military operations in the independent 
    states of the former Soviet Union.............................   261
Sec. 529. United States policy on North Korea.....................   262
Sec. 530. Enforcement of nonproliferation treaties................   264
Sec. 531. Taiwan..................................................   265
Sec. 532. Waiver of sanctions with respect to the Federal Republic 
    of Yugoslavia to promote democracy abroad.....................   265
Sec. 533. Freedom of information exemption for certain Open Skies 
    Treaty data...................................................   265
Sec. 534. Study of democracy effectiveness.\2\....................   266
Sec. 535. Sense of Congress concerning United States citizens 
    victimized by Germany during World War II.....................   267
Sec. 536. Reporting requirements on occupied Tibet................   267
      
---------------------------------------------------------------------------
    \2\ Sec. 1(w) of Public Law 103-415 (108 Stat. 4302) struck out 
``Effectiveness of democracy programs'' and inserted in lieu thereof 
``Study of democracy effectiveness''.
---------------------------------------------------------------------------

                        Part B--Spoils of War Act

Sec. 551. Short title.............................................   267
Sec. 552. Transfers of spoils of war..............................   267
Sec. 553. Prohibition on transfers to countries which support 
    terrorism.....................................................   268
Sec. 554. Report on previous transfers............................   268
Sec. 555. Definitions.............................................   268
Sec. 556. Construction............................................   268

                Part C--Anti-Economic Discrimination Act

Sec. 561. Short title.............................................   269
Sec. 562. Israel's diplomatic status..............................   269
Sec. 563. Policy on Middle East arms sales [amends other 
    legislation]..................................................   269
Sec. 564. Prohibition on certain sales and leases.................   269
Sec. 565. Prohibition on discriminatory contracts.................   270

               Part D--The Cambodian Genocide Justice Act

Sec. 571. Short title.............................................   272
Sec. 572. Policy..................................................   272
Sec. 573. Establishment of State Department Office................   273
Sec. 574. Reporting requirement...................................   274

                 Part E--Middle East Peace Facilitation

Sec. 581. Short title.............................................   274
Sec. 582. Findings................................................   274
Sec. 583. Authority to suspend certain provisions.................   275

                          TITLE VI--PEACE CORPS

Sec. 601. Authorization of appropriations.........................   278
Sec. 602. Amendments to the Peace Corps Act [amends other 
    legislation]

                         TITLE VII--ARMS CONTROL

          Part A--Arms Control and Nonproliferation Act of 1994

                             [see page 1576]

Sec. 701. Short title; references in part; table of contents 
    [amends other legislation]
Sec. 702. Congressional declarations; purpose.
Sec. 703. Purposes [amends other legislation]
Sec. 704. Repeals [amends other legislation]
Sec. 705. Director [amends other legislation]
Sec. 706. Bureaus, offices, and divisions [amends other 
    legislation]
Sec. 707. Scientific and Policy Advisory Committee [amends other 
    legislation]
Sec. 708. Presidential Special Representatives [amends other 
    legislation]
Sec. 709. Policy formulation [amends other legislation]
Sec. 710. Negotiation management [amends other legislation]
Sec. 711. Report on measures to coordinate research and 
    development.
Sec. 712. Verification of compliance [amends other legislation]
Sec. 713. Negotiating records [amends other legislation]
Sec. 714. Authorities with respect to nonproliferation matters 
    [amends other legislation]
Sec. 715. Appointment and compensation of personnel [amends other 
    legislation]
Sec. 716. Security requirements [amends other legislation]
Sec. 717. Reports [amends other legislation]
Sec. 718. Funding [amends other legislation]
Sec. 719. Conforming amendments [amends other legislation]

            Part B--Amendments to the Arms Export Control Act

Sec. 731. Limitation on authority to transfer excess defense 
    articles [amends other legislation]
Sec. 732. Reports under the Arms Export Control Act [amends other 
    legislation]
Sec. 733. Prohibition on incentive payments under the Arms Export 
    Control Act [amends other legislation]
Sec. 734. Missile technology exports to certain Middle Eastern and 
    Asian countries [amends other legislation]
Sec. 735. Notification of Congress on certain events involving the 
    Missile Technology Control Regime (MTCR) [amends other 
    legislation]
Sec. 736. Control of reexports to terrorist countries [amends 
    other legislation]

            TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT

Sec. 801. Short title.............................................   278

                  Part A--Reporting on Nuclear Exports

Sec. 811. Reports to Congress [amends other legislation]

               Part B--Sanctions for Nuclear Proliferation

Sec. 821. Imposition of sanction procurement on persons engaging 
    in export activities that contribute to proliferation.........   278
Sec. 822. Eligibility for assistance [amends other legislation]...   281
Sec. 823. Role of international financial institutions [amends 
    other legislation]............................................   282
Sec. 824. Prohibition on assisting nuclear proliferation through 
    the provision of financing....................................   282
Sec. 825. Export-Import Bank [amends other legislation]
Sec. 826. Amendment to the Arms Export Control Act [amends other 
    legislation]
Sec. 827. Reward [amends other legislation]
Sec. 828. Reports [amends other legislation]......................   285
Sec. 829. Technical correction [amends other legislation]
Sec. 830. Definitions.............................................   285
Sec. 831. Effective date..........................................   286

               Part C--International Atomic Energy Agency

Sec. 841. Bilateral and multilateral initiatives..................   286
Sec. 842. IAEA internal reforms...................................   287
Sec. 843. Reporting requirement...................................   288
Sec. 844. Definitions.............................................   289

   TITLE IX--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY

Sec. 901. Short title.............................................   290
Sec. 902. Findings................................................   290
Sec. 903. Purpose.................................................   290
Sec. 904. Composition of the Commission...........................   291
Sec. 905. Functions of the Commission.............................   291
Sec. 906. Powers of the Commission................................   292
Sec. 907. Staff of the Commission.................................   293
Sec. 908. Compensation and travel expenses........................   293
Sec. 909. Security clearances for Commission members and staff....   293
Sec. 910. Final report of Commission; termination.................   294

           TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES

                PART A--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    (a) In General.--The following amounts are authorized to be 
appropriated for the Department of State under ``Administration 
of Foreign Affairs'' to carry out the authorities, functions, 
duties, and responsibilities in the conduct of the foreign 
affairs of the United States and for other purposes authorized 
by law, including the diplomatic security program:
          (1) \3\ Diplomatic and consular programs.--For 
        ``Diplomatic and Consular Programs'', of the Department 
        of State $1,704,589,000 for the fiscal year 1994 and 
        $1,781,139,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \3\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1185), provided the 
following:
---------------------------------------------------------------------------

                   ``diplomatic and consular programs
---------------------------------------------------------------------------
    ``For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; 
$1,704,589,000, and in addition not to exceed $665,000 in registration 
fees collected pursuant to section 38 of the Arms Export Control Act, 
as amended, may be used in accordance with section 45 of the State 
Department Basic Authorities Act of 1956, 22 U.S.C. 2717, and in 
addition not to exceed $1,185,000 shall be derived from fees from other 
executive agencies for lease or use of facilities located at the 
International Center in accordance with section 4 of the International 
Center Act (Public Law 90-553, as amended by section 120 of Public Law 
101-246), and in addition not to exceed $15,000 shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities 
in accordance with section 46 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2718(a)) and for expenses of general 
administration: Provided, That notwithstanding section 502 of this Act, 
not to exceed 20 percent of the amounts made available in this Act in 
the appropriation accounts, `Diplomatic and Consular Programs' and 
`Salaries and Expenses' under the heading `Administration of Foreign 
Affairs' may be transferred between such appropriation accounts: 
Provided further, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1760), provided the 
following:
---------------------------------------------------------------------------

                   ``diplomatic and consular programs
---------------------------------------------------------------------------
    ``For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and 
for expenses of general administration $1,731,416,000: Provided, That 
hereafter all receipts received from a new charge from expedited 
passport processing shall be deposited in this account as an offsetting 
collection and shall be available until expended: Provided further, 
That hereafter all receipts received from an increase in the charge for 
Immigrant Visas in effect on September 30, 1994, caused by processing 
an applicant's fingerprints, shall be deposited in this account as an 
offsetting collection and shall remain available until expended. Of the 
funds appropriated under this heading: not to exceed $4,000,000 shall 
be available for grants, contracts, and other activities to conduct 
research and promote international cooperation and environmental and 
other scientific issues; not to exceed $600,000 shall be available to 
carry out the activities of the Commission on Protecting and Reducing 
Government Secrecy; and not to exceed $300,000 shall be available to 
carry out activities of the Office of Cambodian Genocide 
Investigations. None of the funds appropriated under this heading shall 
be available to carry out the provisions of section 101(b)(2)(E) of 
Public Law 103-236.
    ``Of the funds provided under this heading, $28,356,000 shall be 
available only for the Diplomatic Telecommunications Service for 
operation of existing base services and $15,000,000 shall be available 
only for the enhancement of the Diplomatic Telecommunications Service 
(DTS), except that such latter amount shall not be available for 
obligation until the expiration of the 15-day period beginning on the 
date on which the Secretary of State and the Director of the Diplomatic 
Telecommunications Service Program Office submit the DTS planning 
report required by section 507.
    ``In addition, not to exceed $700,000 in registration fees 
collected pursuant to section 38 of the Arms Export Control Act, as 
amended, may be used in accordance with section 45 of the State 
Department Basic Authorities Act of 1956, 22 U.S.C. 2717; and in 
addition not to exceed $1,223,000 shall be derived from fees from other 
executive agencies for lease or use of facilities located at the 
International Center in accordance with section 4 of the International 
Center Act (Public Law 90-553, as amended by section 120 of Public Law 
101-246); and in addition not to exceed $15,000 which shall be derived 
from reimbursements, surcharges, and fees for use of Blair House 
facilities in accordance with section 46 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2718(a)).
    ``Notwithstanding section 502 of this Act, not to exceed 20 percent 
of the amounts made available in this Act in the appropriation 
accounts, `Diplomatic and Consular Programs' and `Salaries and 
Expenses' under the heading `Administration of Foreign Affairs' may be 
transferred between such appropriation accounts: Provided, That any 
transfer pursuant to this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.''.
---------------------------------------------------------------------------
          (2) \4\ Salaries and expenses.--For ``Salaries and 
        Expenses'', of the Department of State $396,722,000 for 
        the fiscal year 1994 and $391,373,000 for the fiscal 
        year 1995.
---------------------------------------------------------------------------
    \4\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1185), provided 
$396,722,000, for ``Salaries and Expenses'' for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1761), provided 
$385,000,000 for ``Salaries and Expenses''.
---------------------------------------------------------------------------
          (3) \5\ Acquisition and maintenance of buildings 
        abroad.--For ``Acquisition and Maintenance of Buildings 
        Abroad'', $381,481,000 for the fiscal year 1994 and 
        $309,760,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \5\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1186), provided 
``$410,000,000, of which $10,000,000 is for relocation and renovation 
costs necessary to facilitate the consolidation of overseas financial 
and administrative activities in the United States, to remain available 
until expended as authorized by 22 U.S.C. 2696(c): Provided, That none 
of the funds appropriated in this paragraph shall be available for 
acquisition of furniture and furnishings and generators for other 
departments and agencies.'', for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1761), made available 
$421,760,000, ``* * * Provided, That none of the funds appropriated in 
this paragraph shall be available for acquisition of furniture and 
furnishings and generators for other departments and agencies. Of the 
funds made available in this paragraph not to exceed $117,864,000 shall 
be available for Maintenance of Buildings and Facility 
Rehabilitation.''.
---------------------------------------------------------------------------
          (4) \6\ Representation allowances.--For 
        ``Representation Allowances'', $4,780,000 for the 
        fiscal year 1994 and $4,780,000 for the fiscal year 
        1995.
---------------------------------------------------------------------------
    \6\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1186), provided 
$4,780,000 for ``Representation allowances'' for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1761), provided 
$4,780,000 for ``Representation allowances''.
---------------------------------------------------------------------------
          (5) \7\ Emergencies in the diplomatic and consular 
        service.--For ``Emergencies in the Diplomatic and 
        Consular Service'', $7,805,000 for the fiscal 1994 and 
        $6,500,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \7\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1186), provided 
$7,805,000 for ``Emergencies in the Diplomatic and Consular Service'', 
for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1762), provided 
$6,500,000 for ``Emergencies in the Diplomatic and Consular Service''.
---------------------------------------------------------------------------
          (6) \8\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $23,469,000 for 
        the fiscal year 1994 and $23,798,000 for the fiscal 
        year 1995.
---------------------------------------------------------------------------
    \8\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1185), provided 
$23,469,000, for the Office of Inspector General for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1761), provided 
$23,850,000 for the Office of Inspector General.
---------------------------------------------------------------------------
          (7) \9\ Payment to the american institute in 
        taiwan.--For ``Payment to the American Institute in 
        Taiwan'', $15,165,000 for the fiscal year 1994 and 
        $15,465,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \9\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1186), provided 
$15,165,000 for ``Payment to the American Institute in Taiwan'' for 
fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1762), provided 
$15,465,000 for ``Payment to the American Institute in Taiwan''.
---------------------------------------------------------------------------
          (8) \10\ Protection of foreign missions and 
        officials.--For ``Protection of Foreign Missions and 
        Officials'', $10,551,000 for the fiscal year 1994 and 
        $10,079,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \10\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1186), provided 
$10,551,000 for ``Protection of Foreign Missions and Officials'' for 
fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1761), provided 
$9,579,000 for ``Protection of Foreign Missions and Officials'', ``* * 
* Provided, That none of the funds appropriated in this paragraph shall 
be available to carry out section 101(b)(4)(A) of Public Law 103-236: 
Provided further, That of the funds appropriated in this paragraph, not 
to exceed $500,000 shall be available to carry out section 101(b)(4)(B) 
of Public Law 103-236.''.
---------------------------------------------------------------------------
          (9) \11\ Repatriation loans.--For ``Repatriation 
        Loans'', $776,000 for the fiscal year 1994 and $776,000 
        for the fiscal year 1995, for administrative expenses.
---------------------------------------------------------------------------
    \11\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1186), provided the 
following:
---------------------------------------------------------------------------

                  ``repatriation loans program account
---------------------------------------------------------------------------
    ``For the cost of direct loans, $593,000, as authorized by 22 
U.S.C. 2671: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974. In addition, for administrative expenses necessary 
to carry out the direct loan program, $183,000, which may be 
transferred to and merged with the Salaries and Expenses account under 
Administration of Foreign Affairs.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1762), provided the same 
amount and terms as fiscal year 1994.
---------------------------------------------------------------------------
    (b) Limitations.--
          (1) Of the amounts authorized to be appropriated for 
        ``Salaries and Expenses'' under subsection (a)(2) 
        $500,000 is authorized to be appropriated for the 
        fiscal year 1994 and $500,000 for the fiscal year 1995 
        for the Department of State for the recruitment of 
        Hispanic American students from United States 
        institutions of higher education with a high percentage 
        enrollment of Hispanic Americans and for the training 
        of Hispanic Americans for careers in the Foreign 
        Service and in international affairs.
          (2) Of the amounts authorized to be appropriated for 
        ``Diplomatic and Consular Programs'' under subsection 
        (a)(1)--
                  (A) $5,000,000 is authorized to be 
                appropriated for each of the fiscal years 1994 
                and 1995 for grants, contracts, and other 
                activities to conduct research and promote 
                international cooperation on environmental and 
                other scientific issues;
                  (B) $11,500,000 is authorized to be available 
                for fiscal year 1994 and $11,900,000 is 
                authorized to be available for fiscal year 
                1995, only for administrative expenses of the 
                bureau charged with carrying out the purposes 
                of the Migration and Refugee Assistance Act of 
                1962;
                  (C) $700,000 is authorized to be appropriated 
                for each of the fiscal years 1994 and 1995 to 
                carry out the activities of the Commission on 
                Protecting and Reducing Government Secrecy 
                established under title IX of this Act and such 
                amounts under this subparagraph are authorized 
                to remain available until expended; and
                  (D) $800,000 is authorized to be appropriated 
                for \12\ fiscal years 1994 and 1995 to carry 
                out the activities of the Office of Cambodian 
                Genocide Investigations established under part 
                D of title V \13\ of this Act.
---------------------------------------------------------------------------
    \12\ Sec. 1(t) of Public Law 103-415 (108 Stat. 4302) struck out 
``$400,000 is authorized to be appropriated for each of the'' and 
inserted in lieu thereof ``$800,000 is authorized to be appropriated 
for''.
    \13\ Sec. 1(x) of Public Law 103-415 (108 Stat. 4302) struck out 
``title 5'' and inserted in lieu thereof ``part D of title V''.
---------------------------------------------------------------------------
                  (E) $2,000,000 is authorized to be 
                appropriated for fiscal year 1995 for computer 
                upgrades for the Bureau of Intelligence and 
                Research.
          (3) Of the amounts authorized to be appropriated for 
        ``Acquisition and Maintenance of Buildings Abroad'' 
        under subsection (a)(3), $95,904,000 is authorized to 
        be appropriated for the fiscal year 1994 and 
        $114,825,000 is authorized to be appropriated for the 
        fiscal year 1995 for Maintenance of Buildings and 
        Facility Rehabilitation.
          (4) Of the amounts authorized to be appropriated for 
        ``Protection of Foreign Missions and Officials'' in 
        subsection (a)(8)--
                  (A) $940,000 is authorized to be available to 
                reimburse the City of Seattle and the State of 
                Washington for security costs associated with 
                the Asian Pacific Economic Cooperation 
                conference held in Seattle in November 1993, on 
                a one-time-only basis, and for purposes of 
                obligation and expenditure of amounts under 
                this subparagraph under Public Law 103-121 as 
                reimbursement for extraordinary protective 
                services under section 208 of title 3, United 
                States Code, the limitations of section 202(10) 
                of title 3, United States Code (concerning 20 
                or more consulates), shall not apply; and
                  (B) $1,000,000 is authorized to be available 
                for fiscal year 1995 to reimburse State and 
                local government agencies for security costs 
                associated with the Western Hemisphere summit 
                scheduled to be held in Miami, Florida in 
                December 1994.
    (c) \14\ Repeal.--Effective October 1, 1995, section 
401(a)(3) of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986 (Public Law 99-399) is repealed.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 4851 note.
---------------------------------------------------------------------------

SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES.

    (a) \15\ Assessed Contributions to International 
Organizations.--There are authorized to be appropriated for 
``Contributions to International Organizations'', $865,885,000 
for the fiscal year 1994 and $873,222,000 for the fiscal year 
1995 for the Department of State to carry out the authorities, 
functions, duties, and responsibilities in the conduct of the 
foreign affairs of the United States with respect to 
international organizations and to carry out other authorities 
in law consistent with such purposes.
---------------------------------------------------------------------------
    \15\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1187), provided the 
following:
---------------------------------------------------------------------------

             ``International Organizations and Conferences

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$860,885,000: Provided, That any payment of arrearages made from these 
funds shall be directed toward special activities that are mutually 
agreed upon by the United States and the respective international 
organization: Provided further, That of the funds appropriated in this 
paragraph for the assessed contribution of the United States to the 
United Nations, ten percent of said assessment shall be available for 
obligation only upon a certification to the Congress by the Secretary 
of State that the United Nations has established an independent office 
with responsibilities and powers substantially similar to offices of 
Inspectors General authorized by the Inspector General Act of 1978, as 
amended: Provided further, That none of the funds appropriated in this 
paragraph shall be available for a United States contribution to an 
international organization for the United States share of interest 
costs made known to the United States Government by such organization 
for loans incurred on or after October 1, 1984, through external 
borrowings.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1762), provided the 
following:
---------------------------------------------------------------------------

             ``International Organizations and Conferences

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$877,222,000, of which not to exceed $4,000,000 is available to pay 
arrearages, the payment of which shall be directed toward special 
activities that are mutually agreed upon by the United States and the 
respective international organization: Provided, That 20 percent of the 
funds appropriated in this paragraph for the assessed contribution of 
the United States to the United Nations shall be withheld from 
obligation and expenditure pursuant to section 401(a)(2) of Public Law 
103-236 until a certification is made under section 401(b) of said Act: 
Provided further, that certification under section 401(b) of Public Law 
103-236 may only be made if the Committees on Appropriations and 
Foreign Relations of the Senate and the Committees on Appropriations 
and Foreign Affairs of the House of Representatives are notified of the 
steps taken, and anticipated, to meet the requirements of section 
401(b) of Public Law 103-236 at least 15 days in advance of the 
proposed certification: Provided further, That none of the funds 
appropriated in this paragraph shall be available for a United States 
contribution to an international organization for the United States 
share of interest costs made known to the United States Government by 
such organization for loans incurred on or after October 1, 1984, 
through external borrowings.''.
---------------------------------------------------------------------------
    (b) \16\ Assessed Contributions for International 
Peacekeeping Activities.--There are authorized to be 
appropriated for ``Contributions for International Peacekeeping 
Activities'', $401,607,000 for the fiscal year 1994 and 
$510,204,000 for the fiscal year 1995 for the Department of 
State to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States with respect to international peacekeeping 
activities and to carry out other authorities in law consistent 
with such purposes.
---------------------------------------------------------------------------
    \16\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1187), provided the 
following:
---------------------------------------------------------------------------

       ``contributions for international peacekeeping activities
---------------------------------------------------------------------------
    ``For payments, not otherwise provided for, by the United States 
for expenses of the United Nations peacekeeping forces, as authorized 
by law, $401,607,000: Provided, That funds shall be available for 
peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1763), provided the 
following:
---------------------------------------------------------------------------

       ``contributions for international peacekeeping activities
---------------------------------------------------------------------------
    ``For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $533,304,000, of which 
not to exceed $288,000,000 is available to pay arrearages accumulated 
in fiscal year 1994 and not to exceed $23,092,000 is available to pay 
other outstanding arrearages: Provided, That funds shall be available 
for peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers.''.
---------------------------------------------------------------------------
    (c) Peacekeeping Operations.--There are authorized to be 
appropriated for ``Peacekeeping Operations'', $75,623,000 for 
the fiscal year 1994 and $75,000,000 for the fiscal year 1995 
for the Department of State to carry out section 551 of Public 
Law 87-195.
    (d) Supplemental Peacekeeping.--In addition to amounts 
authorized to be appropriated for such purpose by subsection 
(b), there are authorized to be appropriated $670,000,000 for 
``Assessed Contributions for International Peacekeeping 
Activities'' for the period beginning on the date of enactment 
of this Act and ending September 30, 1995.
    (e) \17\ International Conferences and Contingencies.--
There are authorized to be appropriated for ``International 
Conferences and Contingencies'', $6,000,000 for the fiscal year 
1994 and $6,000,000 for the fiscal year 1995 for the Department 
of State to carry out the authorities, 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.
---------------------------------------------------------------------------
    \17\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1187), provided the 
following:
---------------------------------------------------------------------------

             ``international conferences and contingencies
---------------------------------------------------------------------------
    ``For necessary expenses authorized by section 5 of the State 
Department Basic Authorities Act of 1956, in addition to funds 
otherwise available for these purposes, contributions for the United 
States share of general expenses of international organizations and 
conferences and representation to such organizations and conferences as 
provided for by 22 U.S.C. 2656 and 2672, and personal services without 
regard to civil service and classification laws as authorized by 5 
U.S.C. 5102, $6,000,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be 
expended for representation as authorized by 22 U.S.C. 4085.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1763), provided the same 
terms and amounts for fiscal year 1995.
---------------------------------------------------------------------------
    (f) Foreign Currency Exchange Rates.--In addition to 
amounts otherwise authorized to be appropriated by subsections 
(a) and (b) of this section, there are authorized to be 
appropriated such sums as may be necessary for each of the 
fiscal years 1994 and 1995 to offset adverse fluctuations in 
foreign currency exchange rates. Amounts appropriated under 
this subsection shall be available for obligation and 
expenditure only to the extent that the Director of the Office 
of Management and Budget determines and certifies to Congress 
that such amounts are necessary due to such fluctuations.
    (g) \18\ Withholding of Funds.--Notwithstanding any other 
provision of law, the funds authorized to be appropriated for 
the United Nations and its affiliated agencies in \19\ 
``Contributions for International Organizations'' shall be 
reduced in the amount of $118,875,000 for fiscal year \20\ 
1995, and for each year thereafter, until \21\ the President 
certifies to the Speaker of the House of Representatives and 
the President of the Senate that no United Nations \22\ agency 
or United Nations affiliated agency grants any official status, 
accreditation, or recognition to any organization which 
promotes and condones \23\ or seeks the legalization of 
pedophilia, or which includes as a subsidiary or member any 
such organization.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 287e note. Functions vested in the President in sec. 
107(g) were delegated to the Secretary of State (Presidential 
memorandum of July 26, 1994; 59 F.R. 40205), and further delegated to 
the Assistant Secretary for International Organization Affairs 
(Department of State Public Notice 2086; sec. 10 of Delegation of 
Authority No. 214; 59 F.R. 50790).
    \19\ Sec. 1(o)(1) of Public Law 103-415 (108 Stat. 4301) inserted 
``the United Nations and its affiliated agencies in'' after 
``appropriated for''.
    \20\ Sec. 1(o)(2) of Public Law 103-415 (108 Stat. 4301) struck out 
``each of the fiscal years 1994 and'' and inserted in lieu thereof 
``fiscal year''.
    \21\ Sec. 1(o)(3) of Public Law 103-415 (108 Stat. 4301) struck out 
``unless'' and inserted in lieu thereof ``until''.
    \22\ Sec. 1(o)(4) of Public Law 103-415 (108 Stat. 4301) struck out 
``States'' and inserted in lieu thereof ``Nations''.
    \23\ Sec. 1(o)(5) of Public Law 103-415 (108 Stat. 4301) struck out 
``promotes, condones,'' and inserted in lieu thereof ``promotes and 
condones''.
---------------------------------------------------------------------------

SEC. 103. 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) \24\ for ``Salaries and Expenses'' 
                $11,200,000 for the fiscal year 1994 and 
                $15,358,000 for the fiscal year 1995; and
---------------------------------------------------------------------------
    \24\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1188), provided 
$11,200,00 for ``Salaries and Expenses'' for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1763), provided 
$12,858,000 for ``Salaries and Expenses''.
---------------------------------------------------------------------------
                  (B) \25\ for ``Construction'' $14,400,000 for 
                the fiscal year 1994 and $10,398,000 for the 
                fiscal year 1995.
---------------------------------------------------------------------------
    \25\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1188), provided 
$14,400,000 for ``Construction'' for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1763), provided 
$6,644,000 for ``Construction''.
---------------------------------------------------------------------------
          (2) \26\ International boundary commission, united 
        states and canada.--For ``International Boundary 
        Commission, United States and Canada'', $740,000 for 
        the fiscal year 1994 and $740,000 for the fiscal year 
        1995.
---------------------------------------------------------------------------
    \26\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1188), provided the 
following:
---------------------------------------------------------------------------

             ``american sections, international commissions
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided for, including not 
to exceed $9,000 for representation expenses incurred by the 
International Joint Commission, $4,290,000; for the International Joint 
Commission and the International Boundary Commission, as authorized by 
treaties between the United States and Canada or Great Britain.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1763), provided the 
following:
---------------------------------------------------------------------------

             ``american sections, international commissions
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, as authorized by treaties between the United States and 
Canada or Great Britain, and for the Border Environment Cooperation 
Commission as authorized by Public Law 103-182; $5,800,000, of which 
not to exceed $9,000 shall be available for representation expenses 
incurred by the International Joint Commission.''.
---------------------------------------------------------------------------
          (3) \26\ International joint commission.--For 
        ``International Joint Commission'', $3,550,000 for the 
        fiscal year 1994 and $3,550,000 for the fiscal year 
        1995.
          (4) \27\ International fisheries commissions.--For 
        ``International Fisheries Commissions'', $16,200,000 
        for the fiscal year 1994 and $14,669,000 for the fiscal 
        year 1995.
---------------------------------------------------------------------------
    \27\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1188), provided the 
following:
---------------------------------------------------------------------------

                 ``international fisheries commissions
---------------------------------------------------------------------------
    ``For necessary expenses for international fisheries commissions, 
not otherwise provided for, as authorized by law, $16,200,000: 
Provided, That the United States share of such expenses may be advanced 
to the respective commissions, pursuant to 31 U.S.C. 3324.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1764), provided 
$14,669,000 for international fisheries commissions.
---------------------------------------------------------------------------

SEC. 104.\28\ MIGRATION AND REFUGEE ASSISTANCE.

    (a) Authorization of Appropriations.--
---------------------------------------------------------------------------
    \28\ Appropriations for Migration and Refugee Assistance 
administered by the Department of State are provided in the annual 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act.
    Fiscal year 1994 appropriations levels and conditions were provided 
in title II of Public Law 103-87 (107 Stat. 940, 941):
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
refugees, including contributions to the Intergovernmental Committee 
for Migration and the United Nations High Commissioner for Refugees; 
salaries and expenses of personnel and dependents as authorized by the 
Foreign Service Act of 1980; allowances as authorized by sections 5921 
through 5925 of title 5, United States Code; hire of passenger motor 
vehicles; and services as authorized by section 3109 of title 5, United 
States Code; $670,688,000: Provided, That not less than $80,000,000 
shall be available for Soviet, Eastern European and other refugees 
resettling in Israel: Provided further, That not more than $11,500,000 
of the funds appropriated under this heading shall be available for the 
administrative expenses of the Office of Refugee Programs of the 
Department of State.
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $49,261,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this 
purpose.''.
    For fiscal year 1995, title II of Public Law 103-306 (108 Stat. 
1618, 1619) provided the following:
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
refugees, including contributions to the Intergovernmental Committee 
for Migration and the United Nations High Commissioner for Refugees; 
salaries and expenses of personnel and dependents as authorized by the 
Foreign Service Act of 1980; allowances as authorized by sections 5921 
through 5925 of title 5, United States Code; hire of passenger motor 
vehicles; and services as authorized by section 3109 of title 5, United 
States Code, $671,000,000: Provided, That not more than $11,500,000 of 
the funds appropriated under this heading shall be available for the 
administrative expenses of the Office of Refugee Programs of the 
Department of State: Provided further, That not less than $80,000,000 
shall be made available for refugees from the former Soviet Union and 
Eastern Europe and other refugees resettling in Israel.
---------------------------------------------------------------------------
          * * * * * * *

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $50,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this 
purpose.''.
---------------------------------------------------------------------------
          (1) There are authorized to be appropriated for 
        ``Migration and Refugee Assistance'' for authorized 
        activities, $589,188,000 for the fiscal year 1994 and 
        $592,000,000 for the fiscal year 1995.
          (2) There are authorized to be appropriated 
        $80,000,000 for the fiscal year 1994 and $80,000,000 
        for the fiscal year 1995 for assistance for refugees 
        resettling in Israel.
          (3) There are authorized to be appropriated 
        $1,500,000 for the fiscal year 1994 and $1,500,000 for 
        the fiscal year 1995 for humanitarian assistance, 
        including but not limited to, food, medicine, clothing, 
        and medical and vocational training to persons 
        displaced as a result of civil conflict in Burma, 
        including persons still within Burma.
    (b) Availability of Funds.--Funds appropriated pursuant to 
subsection (a) are authorized to be available until expended.

SEC. 105. OTHER PROGRAMS.

    The following amounts are authorized to be appropriated for 
the Department of State to carry out the authorities, 
functions, duties, and responsibilities in the conduct of the 
foreign affairs of the United States and for other purposes 
authorized by law:
          (1) \29\ United states bilateral science and 
        technology agreements.--For ``United States Bilateral 
        Science and Technology Agreements'', $4,275,000 for the 
        fiscal year 1994.
---------------------------------------------------------------------------
    \29\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1188), provided 
$4,275,000 for fiscal year 1994.
---------------------------------------------------------------------------
          (2) \30\ Asia foundation.--For ``Asia Foundation'', 
        $16,000,000 for the fiscal year 1994 and $16,068,000 
        for the fiscal year 1995.
---------------------------------------------------------------------------
    \30\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1188), provided 
$16,000,000 for the Asia Foundation, for fiscal year 1994.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1764), provided 
$10,000,000 for the Asia Foundation.
---------------------------------------------------------------------------

SEC. 106. UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY.

    (a) \31\ Authorization of Appropriations.--There are 
authorized to be appropriated to carry out the purposes of the 
Arms Control and Disarmament Act--
---------------------------------------------------------------------------
    \31\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 107 Stat. 1189), provided the 
following:
---------------------------------------------------------------------------

                 ``Arms Control and Disarmament Agency

               ``arms control and disarmament activities
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided, for arms control 
and disarmament activities, including not to exceed $100,000 for 
official reception and representation expenses, authorized by the Act 
of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), 
$53,500,000, of which not less than $9,500,000 is available until 
expended only for payment of United States contributions to the 
Preparatory Commission for the Organization on the Prohibition of 
Chemical Weapons.''.
    For fiscal year 1995, the Department of State Appropriations Act, 
1995 (title V of Public Law 103-317; 108 Stat. 1764), provided the 
following:
---------------------------------------------------------------------------

                 ``Arms Control and Disarmament Agency

               ``arms control and disarmament activities
---------------------------------------------------------------------------
    ``For necessary expenses not otherwise provided, for arms control 
and disarmament activities, $54,500,000, of which not less than 
$9,500,000 is available until expended only for activities related to 
the implementation of the Chemical Weapons Convention, and of which not 
to exceed $100,000 shall be for official reception and representation 
expenses as authorized by the Act of September 26, 1961, as amended (22 
U.S.C. 2551 et seq.): Provided, That of the budgetary resources 
available in fiscal year 1995 in this account, $122,000 are permanently 
canceled: Provided further, That amounts available for procurement and 
procurement-related expenses in this account are reduced by such 
amount: Provided further, That as used herein, `procurement' includes 
all stages of the process of acquiring property or services, beginning 
with the process of determining a need for a product or services and 
ending with contract completion and closeout, as specified in 41 U.S.C. 
403(2).''.
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          (1) $53,500,000 for the fiscal year 1994 and 
        $59,292,000 for the fiscal year 1995; and
          (2) such sums as may be necessary for each of the 
        fiscal years 1994 and 1995 for increases in salary, 
        pay, retirement, other employee benefits authorized by 
        law, and other nondiscretionary costs, and to offset 
        adverse fluctuations in foreign currency exchange 
        rates.
    (b) \32\ * * *
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    \32\ Subsec. (b) amended sec. 49 of the Arms Control and 
Disarmament Act (22 U.S.C. 2589).
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                   PART B--AUTHORITIES AND ACTIVITIES

SEC. 121. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE.

    (a) End Fiscal Year 1994 Levels.--The number of members of 
the Foreign Service authorized to be employed as of September 
30, 1994--
          (1) for the Department of State, shall not exceed 
        9,100, of whom not more than 820 shall be members of 
        the Senior Foreign Service;
          (2) for the United States Information Agency, shall 
        not exceed 1,200, of whom not more than 175 shall be 
        members of the Senior Foreign Service; and
          (3) for the Agency for International Development, not 
        to exceed 1,850, of whom not more than 250 shall be 
        members of the Senior Foreign Service.
    (b) End Fiscal Year 1995 Levels.--The number of members of 
the Foreign Service authorized to be employed as of September 
30, 1995--
          (1) for the Department of State, shall not exceed 
        9,100, of whom not more than 770 shall be members of 
        the Senior Foreign Service;
          (2) for the United States Information Agency, not to 
        exceed 1,200, of whom not more than 165 shall be 
        members of the Senior Foreign Service; and
          (3) for the Agency for International Development, not 
        to exceed 1,850, of whom not more than 240 shall be 
        members of the Senior Foreign Service.
    (c) Definition.--For the purposes of this section, the term 
``members of the Foreign Service'' is used within the meaning 
of such term under section 103 of the Foreign Service Act of 
1980 (22 U.S.C 3903), except that such term does not include--
          (1) members of the Service under paragraphs (6) and 
        (7) of such section;
          (2) members of the Service serving under temporary 
        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) \33\ Waiver Authority.--(1) Subject to paragraph (2), 
the Secretary of State, the Director of the United States 
Information Agency, or the Administrator of the Agency for 
International Development \34\ may waive any limitation under 
subsection (a) or (b) which applies to the Department of State, 
the United States Information Agency, or the Agency for 
International Development,\35\ as the case may be, to the 
extent that such waiver is necessary to carry on the foreign 
affairs functions of the United States.
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    \33\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for Management (Department of 
State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 
F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
    \34\ Sec. 1(a)(1) of Public Law 103-415 (108 Stat. 4299) struck out 
``and the Director of the United States Information Agency'' and 
inserted in lieu thereof ``, the Director of the United States 
Information Agency, or the Administrator of the Agency for 
International Development''.
    \35\ Sec. 1(a)(2) of Public Law 103-415 (108 Stat. 4299) struck out 
``or the United States Information Agency'' and inserted in lieu 
thereof ``, the United States Information Agency, or the Agency for 
International Development''.
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    (2) Not less than 15 days before any agency head implements 
a waiver under paragraph (1), such agency head shall notify the 
Chairman of the Committee on Foreign Relations of the Senate 
and the Speaker of the House of Representatives. Such notice 
shall include an explanation of the circumstances and necessity 
for such waiver.
          * * * * * * *

SEC. 127.\36\ CONSULAR AUTHORITIES. * * *
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    \36\ Sec. 127(a) amended ``An Act to regulate the issue and 
validity of passports and for other purposes'', approved July 3, 1926 
(22 U.S.C. 211a); see page 1009. Sec. 127(b) amended ``An Act to 
provide for the reorganization of the consular service of the United 
States'', approved April 5, 1906 (22 U.S.C. 4221).
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SEC. 128.\37\ REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPERATIONS.

    Not later than 180 days after the date of the enactment of 
this Act, the Secretary of State, jointly with the Director of 
the United States Information Agency, the Director of the Arms 
Control and Disarmament Agency, and the Administrator of the 
Agency for International Development) shall submit, to the 
Committee on Foreign Affairs \38\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, a report concerning the feasibility of consolidating 
domestic administrative operations for the Department of State, 
the Agency for International Development, the Arms Control and 
Disarmament Agency and the United States Information Agency. 
Such report shall include specific recommendations for 
implementation.
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    \37\ The Secretary of State delegated functions authorized under 
this section to the Under Secretary for Management (Department of State 
Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 
50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
    \38\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 129.\39\ FACILITATING ACCESS TO THE DEPARTMENT OF STATE BUILDING.

    (a) Procedures To Facilitate Access.--The Department of 
State shall maintain procedures to ensure that the members and 
staff of the congressional committees of jurisdiction are 
granted easy access to the Department of State in the conduct 
of their duties.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 2680-2.
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    (b) Parking.--The Department of State shall also make 
available adequate parking for members and staff of the 
congressional committees of jurisdiction in order to facilitate 
attendance of meetings at the Department of State.

SEC. 130. REPORT ON SAFETY AND SECURITY OF UNITED STATES PERSONNEL IN 
                    SARAJEVO.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall report to the Committee on 
Foreign Affairs \38\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate on the steps taken 
to enhance the security and physical safety of United States 
diplomatic personnel in Sarajevo, Bosnia-Hercegovina.

SEC. 131. PASSPORT SECURITY.

    (a) Sense of Congress.--The Congress strongly urges the 
Secretary of State to ensure that any new passport issuances 
should, to the maximum extent practicable--
          (1) be secure against counterfeiting, alteration, 
        duplication, or simulation;
          (2) be easily verifiable with appropriate inspection 
        by public officials and private and commercial 
        personnel; and
          (3) contain only United States-sourced materials and 
        technology.
    (b) Report to Congress.--Not later than 30 days after the 
date of enactment of this Act, the Secretary of State shall 
submit a report to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs \38\ of the House 
of Representatives detailing actions taken by the Department of 
State to accomplish the goals set forth in subsection (a).

SEC. 132.\40\ RECORD OF PLACE OF BIRTH FOR TAIWANESE-AMERICANS.

    For purposes of the registration of birth or certification 
of nationality or issuance of a passport \41\ of a United 
States citizen born in Taiwan, the Secretary of State shall 
permit the place of birth to be recorded as Taiwan.
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    \40\ 22 U.S.C. 2705 note.
    \41\ Sec. 1(r) of Public Law 103-415 (108 Stat. 4302) inserted ``or 
issuance of a passport'' after ``nationality''.
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SEC. 133. TERRORISM REWARDS AND REPORTS.

    (a) Rewards for Information on Acts of International 
Terrorism in the United States.--
          (1) \42\ * * *
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    \42\ Para. (1) amended sec. 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708).
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          (2) Notwithstanding section 36(g) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2708), in addition to amounts otherwise available the 
        Department of State may expend not more than $4,000,000 
        in fiscal years 1994 and 1995 to pay rewards pursuant 
        to section 36(a) of such Act.
    (b) \43\ Annual Reports on Terrorism.--* * *
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    \43\ Subsec. (b) amended sec. 140(b)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f); and 
sec. 304(a) of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993 (Public Law 102-138).
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SEC. 134.\44\ PROPERTY AGREEMENTS.

    Whenever the Department of State enters into lease-purchase 
agreements involving property in foreign countries pursuant to 
section 1 of the Foreign Service Buildings Act, 1926 \45\ (22 
U.S.C. 292), the Department shall account for such transactions 
in accordance with fiscal year obligations.
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    \44\ 22 U.S.C. 292 note.
    \45\ Sec. 1(z) of Public Law 103-415 (108 Stat. 4302) inserted ``, 
1926'' after ``Act''.
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SEC. 135.\46\ CAPITAL INVESTMENT FUND.

    (a) Establishment.--There is established within the 
Department of State a Capital Investment Fund to provide for 
the procurement and enhancement \47\ of information technology 
and other related capital investments for the Department of 
State and to ensure the efficient management, coordination, 
operation, and utilization of such resources.
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    \46\ 22 U.S.C. 2684a.
    \47\ Sec. 2209(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-811), 
inserted ``and enhancement'' after ``procurement''.
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    (b) Funding.--Funds otherwise available for the purposes of 
subsection (a) may be deposited in such Fund.
    (c) Availability.--Amounts deposited into the Fund shall 
\48\ remain available until expended.
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    \48\ Sec. 2209(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-811), 
struck out ``are authorized to'' and inserted in lieu thereof 
``shall''.
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    (d) Expenditures From the Fund.--Amounts deposited in the 
Fund shall be available for purposes of subsection (a).\49\
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    \49\ Sec. 2209(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-811), 
struck out ``for expenditure to procure capital equipment and 
information technology'' and inserted in lieu thereof ``for purposes of 
subsection (a)''.
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    (e) \50\ 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 reprogramming notifications under section 34 of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2706).
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    \50\ Sec. 2209(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-811), 
amended and restated subsec. (e). It formerly read as follows:
    ``(e) Reprogramming Procedures.--Funds credited to the Capital 
Investment Fund shall be treated as a reprogramming of funds under 
section 34 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2710) and shall not be available for obligation or expenditure 
except in compliance with the procedures applicable to such 
reprogrammings.''.
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          * * * * * * *

SEC. 140.\51\ VISAS.

    (a) \52\ Surcharge for Processing Certain Visas.--
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    \51\ Authority in this section delegated to the Secretary of State 
is further delegated to the Under Secretary of State for Management, 
pursuant to Public Notice 2003, Delegation of Authority No. 212 (59 
F.R. 26332; May 19, 1994).
    The paragraph pertaining to ``Diplomatic and Consular Programs'' in 
the Department of State and Related Agencies Appropriations Act, 2000 
(title IV of H.R. 3421, enacted by reference in sec. 1000(a)(1) of 
Public Law 106-113; 113 Stat. 1535), provided the following:
    ``* * * Provided further, That notwithstanding section 140(a)(5), 
and the second sentence of section 140(a)(3), of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, fees may be collected 
during fiscal years 2000 and 2001, under the authority of section 
140(a)(1) of that Act: Provided further, That all fees collected under 
the preceding proviso shall be deposited in fiscal years 2000 and 2001 
as an offsetting collection to appropriations made under this heading 
to recover costs as set forth under section 140(a)(2) of that Act and 
shall remain available until expended''.
    \52\ 8 U.S.C. 1351 note.
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          (1) Notwithstanding any other provision of law, the 
        Secretary of State is authorized to charge a fee or 
        surcharge for processing machine readable nonimmigrant 
        visas and machine readable combined border crossing 
        identification cards and nonimmigrant visas.
          (2) Fees collected under the authority of paragraph 
        (1) \53\ shall be deposited as an offsetting collection 
        to any Department of State appropriation, to recover 
        the costs of providing consular services. Such fees 
        shall remain available for obligation until expended.
---------------------------------------------------------------------------
    \53\ Sec. 1(bb) of Public Law 103-415 (108 Stat. 4302) struck out 
``subsection (a)'' and inserted in lieu thereof ``paragraph (1)''.
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          (3) For each of the fiscal years 2000, 2001, and 
        2002, any amount collected under paragraph (1) that 
        exceeds $316,715,000 for fiscal year 2000, $316,715,000 
        for fiscal year 2001, and $316,715,000 for fiscal year 
        2002 may be made available only if a notification is 
        submitted to Congress in accordance with the procedures 
        applicable to reprogramming notifications under section 
        34 of the State Department Basic Authorities Act of 
        1956.\54\
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    \54\ Sec. 231(1) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), amended and restated the first sentence of para. (3). 
It previously read as follows: ``For fiscal years 1994 and 1995, fees 
deposited under the authority of paragraph (2) may not exceed a total 
of $107,500,000. For subsequent fiscal years, fees may be collected 
under the authority of paragraph (1) only in such amounts as shall be 
prescribed in subsequent authorization Acts.''.
    Sec. 231(2) of that Act struck out paras. (4) and (5), which had 
read as follows:
    ``(4) The provisions of the Act of August 18, 1856 (Revised 
Statutes 1726-28; 22 U.S.C. 4212-14), concerning accounting for 
consular fees shall not apply to fees collected under this subsection.
    ``(5) No fee or surcharge authorized under paragraph (1) may be 
charged to a citizen of a country that is a signatory as of the date of 
enactment of this Act to the North American Free Trade Agreement, 
except that the Secretary of State may charge such fee or surcharge to 
a citizen of such a country if the Secretary determines that such 
country charges a visa application or issuance fee to citizens of the 
United States.''.
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    (b) \55\ Automated Visa Lookout System.--Not later than 18 
months after the date of the enactment of this Act, the 
Secretary of State shall implement an upgrade of all overseas 
visa lookout operations to computerized systems with automated 
multiple-name search capabilities.
---------------------------------------------------------------------------
    \55\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------
    (c) \55\ Processing of Visas for Admission to the United 
States.--
          (1)(A) Beginning 24 months after the date of the 
        enactment of this Act, whenever a United States 
        consular officer issues a visa for admission to the 
        United States, that official shall certify, in writing, 
        that a check of the Automated Visa Lookout System, or 
        any other system or list which maintains information 
        about the excludability of aliens under the Immigration 
        and Nationality Act, has been made and that there is no 
        basis under such system for the exclusion of such 
        alien.
          (B) If, at the time an alien applies for an immigrant 
        or nonimmigrant visa, the alien's name is included in 
        the Department of State's visa lookout system and the 
        consular officer to whom the application is made fails 
        to follow the procedures in processing the application 
        required by the inclusion of the alien's name in such 
        system, the consular officer's failure shall be made a 
        matter of record and shall be considered as a serious 
        negative factor in the officer's annual performance 
        evaluation.
          (2) If an alien to whom a visa was issued as a result 
        of a failure described in paragraph (1)(B) is admitted 
        to the United States and there is thereafter probable 
        cause to believe that the alien was a participant in a 
        terrorist act causing serious injury, loss of life, or 
        significant destruction of property \56\ in the United 
        States, the Secretary of State shall convene an 
        Accountability Review Board under the authority of 
        title III of the Omnibus Diplomatic Security and 
        Antiterrorism Act of 1986.
---------------------------------------------------------------------------
    \56\ Sec. 1(d) of Public Law 103-415 (108 Stat. 4299) struck out 
``serious loss of life or property'' and inserted in lieu thereof 
``serious injury, loss of life, or significant destruction of 
property''.
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    (d) \55\ Access to the Interstate Identification Index.--
          (1) Subject to paragraphs (2) and (3), the Department 
        of State Consolidated Immigrant Visa Processing Center 
        shall have on-line access, without payment of any fee 
        or charge, to the Interstate Identification Index of 
        the National Crime Information Center solely for the 
        purpose of determining whether a visa applicant has a 
        criminal history record indexed in such Index. Such 
        access does not entitle the Department of State to 
        obtain the full content of automated records through 
        the Interstate Identification Index. To obtain the full 
        content of a criminal history record, the Department 
        shall submit a separate request to the Identification 
        Records Section of the Federal Bureau of Investigation, 
        and shall pay the appropriate fee as provided for in 
        the Departments of Commerce, Justice, and State, the 
        Judiciary, and Related Agencies Appropriations Act, 
        1990 (Public Law 101-162).
          (2) The Department of State shall be responsible for 
        all one-time start-up and recurring incremental non-
        personnel costs of establishing and maintaining the 
        access authorized in paragraph (1).
          (3) The individual primarily responsible for the day-
        to-day implementation of paragraph (1) shall be an 
        employee of the Federal Bureau of Investigation 
        selected by the Department of State, and detailed to 
        the Department on a fully reimbursable basis.
    (e) \57\ Fingerprint Checks.--
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    \57\ Sec. 505 of the Department of State Appropriations Act, 1995 
(title V of Public Law 103-317; 108 Stat. 1765), inserted subsec. (e) 
after subsec. (d)(3), redesignated paras. (4) and (5) of subsec. (d) as 
subsecs. (f) and (g), and further amended those paras. by striking out 
``procedure'' and inserting in lieu thereof ``procedures'', and by 
striking out ``this subsection'' and inserting in lieu thereof 
``subsections (d) and (e)''.
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          (1) Effective not later than March 31, 1995, the 
        Secretary of State shall in the ten countries with the 
        highest volume of immigrant visa issuance for the most 
        recent fiscal year for which data are available require 
        the fingerprinting of applicants over sixteen years of 
        age for immigrant visas. The Department of State shall 
        submit records of such fingerprints to the Federal 
        Bureau of Investigation in order to ascertain whether 
        such applicants previously have been convicted of a 
        felony under State or Federal law in the United States, 
        and shall pay all appropriate fees.
          (2) The Secretary shall prescribe and publish such 
        regulations as may be necessary to implement the 
        requirements of this subsection, and to avoid undue 
        processing costs and delays for eligible immigrants and 
        the United States Government.
    (f) \57\, \58\ Not later than December 31, 1996, 
the Secretary of State and the Director of the Federal Bureau 
of Investigation shall jointly submit to the Committee on 
Foreign Affairs \59\ and the Committee on the Judiciary of the 
House of Representatives, and the Committee on Foreign 
Relations and the Committee on the Judiciary of the Senate, a 
report on the effectiveness of the procedures authorized in 
subsections (d) and (e).
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    \58\ Sec. 671(g)(2)(A) of Public Law 104-208 (110 Stat. 3009) 
amended the indentation of subsecs. (f) and (g).
    \59\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (g) \57\, \58\ Subsections (d) and (e) shall 
\60\ cease to have effect after December 31, 1997.
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    \60\ Sec. 671(g)(2)(B) of Public Law 104-208 (110 Stat. 3009) 
struck out ``(g)'' and all that follows through ``shall'', and inserted 
in lieu thereof ``(g) Subsections (d) and (e) shall''. However, the 
subsection remains unchanged, as it read as such after being amended by 
Public Law 103-317.
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          * * * * * * *

SEC. 142. WOMEN'S HUMAN RIGHTS PROTECTION.

    (a) Sense of Congress.--The Congress makes the following 
declarations:
          (1) The State Department should designate a senior 
        advisor to the appropriate Undersecretary to promote 
        international women's human rights within the overall 
        human rights policy of the United States Government.
          (2) The purpose of assigning a special assistant on 
        women's human rights issues is not \61\ to segregate 
        such issues, but rather to assure that they are 
        considered along with other human rights issues in the 
        development of United States foreign policy.
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    \61\ Sec. 1(e) of Public Law 103-415 (108 Stat. 4299) struck out a 
comma after ``not'' in para. (2), and in para. (3) inserted a comma 
after ``because''.
---------------------------------------------------------------------------
          (3) A specifically designated special assistant is 
        necessary because,\61\ within the human rights field 
        and the foreign policy establishment, the issues of 
        gender-based discrimination and violence against women 
        have long been ignored or made invisible.
          (4) The Congress believes that abuses against women 
        would have greater visibility and protection of women's 
        human rights would improve if the advocate were 
        responsible for integrating women's human rights issues 
        into United States foreign policy, bilateral 
        assistance, multilateral diplomacy, trade policy, and 
        democracy promotion.
    (b) \62\ Congressional Notification.--Not later than 180 
days after the date of enactment of this Act, the Secretary of 
State shall notify the Congress of the steps taken to fulfill 
the objectives detailed in subsection (a).
---------------------------------------------------------------------------
    \62\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for Global Affairs (Department 
of State Public Notice 2086; sec. 5 of Delegation of Authority No. 214; 
59 F.R. 50790).
---------------------------------------------------------------------------

                PART C--DEPARTMENT OF STATE ORGANIZATION

SEC. 161. ORGANIZATION OF THE DEPARTMENT OF STATE.

    (a) \63\ * * *
---------------------------------------------------------------------------
    \63\ Sec. 161(a) amended and restated sec. 1 of the State 
Department Basic Authorities Act (22 U.S.C. 2651a).
---------------------------------------------------------------------------
    (b) \64\ Application.--The amendments made by this section 
and section 162 \65\ shall apply with respect to officials, 
offices, and bureaus of the Department of State when executive 
orders, regulations, or departmental directives implementing 
such amendments become effective, or 90 days after the date of 
enactment of this Act, whichever comes earlier.
---------------------------------------------------------------------------
    \64\ 22 U.S.C. 2651a note.
    \65\ Sec. 1(f)(2) of Public Law 103-415 (108 Stat. 4300) struck out 
``133'' and inserted in lieu thereof ``162''.
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    (c) \64\, \66\ Transition.--Any officer of the 
Department of State holding office on the date of the enactment 
of this Act shall not be required to be reappointed to any 
other office, at the Department of State at the same level 
performing similar functions, as determined by the President, 
by reason of the enactment of the amendments made by this 
section and section 162.
---------------------------------------------------------------------------
    \66\ Functions vested in the President in sec. 161(c) were 
delegated to the Secretary of State (Presidential memorandum of July 
26, 1994; 59 F.R. 40205).
---------------------------------------------------------------------------
    (d) \64\ References in Other Acts.--Except as specifically 
provided in this Act, or the amendments made by this Act, a 
reference in any other provision of law to an official or 
office of the Department of State affected by the amendment 
made by subsection (a) (other than the Inspector General of the 
Department of State and the Chief Financial Officer of the 
Department of State) shall be deemed to be a reference to the 
Secretary of State or the Department of State, as may be 
appropriate.
    (e) \67\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \67\ Sec. 2301(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-824), struck out subsec. (e). Subsec. 2301(a) 
of that Act amended sec. 1 of the State Department Basic Authorities 
Act of 1956 to provide for the ``Coordinator for Counterterrorism''. 
Subsec. (e) formerly read as follows:
    ``(e) Office of the Coordinator for Counterterrorism.--
Notwithstanding any other provision of this section, for not less than 
one year after the date of the enactment of this Act there shall be in 
the Department of State an Office of the Coordinator for 
Counterterrorism which shall be headed by a Coordinator for 
Counterterrorism. The office shall have the same responsibilities and 
functions as the Office of the Coordinator for Counterterrorism at the 
Department of State had as of January 20, 1993.''.
---------------------------------------------------------------------------
    (f) \68\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \68\ Sec. 2302 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-825), struck out subsec. (f), which, amended, had 
formerly read as follows:
    ``(f) Deputy Assistant Secretary for Burdensharing.--
---------------------------------------------------------------------------

          ``(1) Establishment.--None of the funds authorized to be 
        appropriated by this Act shall be available for obligation or 
        expenditure during fiscal year 1995 unless, not later than 90 
        days after the date of enactment of this Act, the Secretary of 
        State has established within the Department of State the 
        position of Deputy Assistant Secretary for Burdensharing, the 
        incumbent of which shall be an official of ambassadorial rank, 
        appointed by the President by and with the advice and consent 
        of the Senate.
          ``(2) Responsibilities.--The Deputy Assistant Secretary for 
        Burdensharing shall perform such duties and exercise such 
        authorities as the Secretary of State shall prescribe, 
        including the following:

                  ``(A) The principal duty of negotiating increased in-
                kind and financial support (including increased payment 
                of basing costs) by countries allied to the United 
                States for Department of Defense military units and 
                personnel assigned to permanent duty ashore outside the 
                United States in support of the security of such 
                countries.
                  ``(B) In consultation with the Department of Defense, 
                assist in negotiations with the host governments for 
                the recoupment of funds associated with financial 
                commitments from such countries for paying the United 
                States the residual value of United States facilities 
                in such countries that the United States relinquishes 
                to such countries upon the termination of the use of 
                such facilities by the United States.''.

SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS.

    (a)-(j) * * *
    (k) State Department Basic Authorities Act of 1956.--(1) 
Section 35 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2707) is amended--* * *
                  (iv) by inserting before paragraph (2) (as so 
                redesignated) the following:
          ``(1) exercise primary authority for the conduct of 
        foreign policy with respect to such telecommunications 
        functions, including the determination of United States 
        positions and the conduct of United States 
        participation in negotiations with foreign governments 
        and international bodies. In exercising this 
        responsibility, the Secretary shall coordinate with 
        other agencies as appropriate, and, in particular, 
        shall give full consideration to the authority vested 
        by law or Executive order in the Federal Communications 
        Commission, the Department of Commerce and the Office 
        of the United States Trade Representative in this 
        area;'';
                  (v)-(vi) * * *
    (2) \69\ Nothing in the amendments made by paragraph (1) 
affects the nature or scope of the authority that is on the 
date of enactment of this Act vested by law or Executive order 
in the Department of Commerce, the Office of the United States 
Trade Representative, the Federal Communications Commission, or 
any officer thereof.
---------------------------------------------------------------------------
    \69\ 22 U.S.C. 2707 note.
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    (3) * * *
    (4) * * *
    (m)-(q) * * * \70\
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    \70\ Sec. 162 has no subsec. (l).
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          * * * * * * *

                           PART D--PERSONNEL

                     Subpart 1--General Provisions

          * * * * * * *

SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY 
                    DAMAGE OR LOSS.

    (a) \71\ * * *
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    \71\ Subsec. (a) amended 31 U.S.C. 3721(b), relating to claims 
resulting from emergency evacuation in a foreign country.
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    (b) \72\ Retroactive Application.--The amendments made by 
subsection (a) shall apply with respect to claims arising on or 
after October 31, 1988.
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    \72\ 31 U.S.C. 3721 note.
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SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY.

    (a) \73\ Prohibition on Awards.--Notwithstanding any other 
provision of law, the Secretary of State may not award or pay 
performance payments for fiscal years 1994 and 1995 under 
section 405 of the Foreign Service Act of 1980 (22 U.S.C. 
3965), unless the Secretary awards or pays performance awards 
to other Federal employees for such fiscal years.
---------------------------------------------------------------------------
    \73\ 22 U.S.C. 3965 note.
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    (b) \73\ Awards in Subsequent Fiscal Years.--The Secretary 
may not make a performance award or payment in any fiscal year 
after a fiscal year referred to in subsection (a) for the 
purpose of providing an individual with a performance award or 
payment to which the individual would otherwise have been 
entitled in a fiscal year referred to in such subsection but 
for the prohibition described in such subsection.
    (c) \73\ Application to USIA, AID, and ACDA.--Subsections 
(a) and (b) shall apply to the United States Information 
Agency, the Agency for International Development, and the 
United States \74\ Arms Control and Disarmament Agency in the 
same manner as such subsections apply to the Department of 
State, except that the Director of the United States 
Information Agency, the Administrator of the Agency for 
International Development, and the Director of the United 
States \74\ Arms Control and Disarmament Agency shall be 
subject to the limitations and authority of the Secretary of 
State under subsections (a) and (b) for their respective 
agencies.
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    \74\ Sec. 1(gg) of Public Law 103-415 (108 Stat. 4303) inserted 
``United States'' before Arms Control and Disarmament Agency''.
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    (d) Amendment to Foreign Service Act of 1980.--* * *
          * * * * * * *

SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE POSITIONS.

    (a) Audit and Review.--Not later than December 31, 1994, 
the Comptroller General of the United States shall conduct a 
classification audit of all Senior Foreign Service positions in 
Washington, District of Columbia, assigned to the Department of 
State, the Agency for International Development, and the United 
States Information Agency and shall review the methods for 
classification of such positions.
    (b) Report.--Not later than March 1, 1995, the Comptroller 
General shall submit a report of such audit and review to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \75\ of the House of Representatives.
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    \75\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 176.\76\ ALLOWANCES. * * *
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    \76\ Sec. 176 amended 5 U.S.C. 5924(4)(A) and (B).
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          * * * * * * *

SEC. 178.\77\ MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM.

    (a) Purpose.--It is the purpose of this section to promote 
the acquisition and retention of highly qualified, trained, and 
experienced women and minority personnel within the Foreign 
Service, to provide the maximum opportunity for the Foreign 
Service to meet staffing needs and to acquire the services of 
experienced and talented women and minority personnel, and to 
help alleviate the impact of downsizing, reduction-in-force, 
and budget restrictions occurring in the defense and national 
security-related agencies of the United States.
---------------------------------------------------------------------------
    \77\ 22 U.S.C. 3922a note.
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    (b) Establishment.--For each of the fiscal years 1994 and 
1995, the Secretary of State shall to the maximum extent 
practicable appoint to the Foreign Service qualified women and 
minority applicants who are participants in the priority 
placement program of the Department of Defense, the Department 
of Defense out-placement referral program, the Office of 
Personnel Management Automated Applicant Referral System, or 
the Office of Personnel Management Interagency Placement 
Program. The Secretary shall make such appointments through the 
mid-level entry program of the Department of State under 
section 306 of the Foreign Service Act of 1980.
    (c) \78\ Report.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of State shall prepare and 
submit a report concerning the implementation of subsection (a) 
to the Chairman of the Committee on Foreign Relations of the 
Senate and the Speaker of the House of Representatives. Such 
report shall include recommendations on methods to improve 
implementation of the purpose of this section.
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    \78\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for Management (Department of 
State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 
F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
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SEC. 179.\79\ EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS 
                    OF THE FOREIGN SERVICE.

    (a) Referral System.--Certain members of the Foreign 
Service (as described in subsection (b)), may participate in 
the Office of Personnel Management's Interagency Placement 
programs or any successor program. Such members of the Foreign 
Service shall be treated in the same manner as employees 
participating in such a program as of the effective date of 
this Act.
---------------------------------------------------------------------------
    \79\ 22 U.S.C. 4010a note.
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    (b) Certain Members of the Foreign Service.--For purposes 
of this section, the term ``members of the Foreign Service'' 
means any individuals holding career or career candidate 
appointments \80\ under chapter 3 of the Foreign Service Act of 
1980.
---------------------------------------------------------------------------
    \80\ Sec. 1(g) of Public Law 103-415 (108 Stat. 4300) struck out 
``individual holding a career or career candidate appointment'' and 
inserted in lieu thereof ``individuals holding career or career 
candidate appointments''.
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          * * * * * * *

SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN MEMBERS 
                    OF THE FOREIGN SERVICE.

    (a) \81\ In General.--* * *
---------------------------------------------------------------------------
    \81\ Sec. 181(a) amended the Foreign Service Act of 1980 by adding 
a new sec. 611, relating to reductions in force, and made corresponding 
technical amendments.
---------------------------------------------------------------------------
    (b) Management Rights.--* * *
    (c) \82\ Consultation.--The Secretary of State (or in the 
case of any other agency authorized by law to utilize the 
Foreign Service personnel system,\83\ the head of that agency) 
\83\ shall consult with the Director of the Office of Personnel 
Management before prescribing regulations for reductions in 
force under section 611 of the Foreign Service Act of 1980 (as 
added by subsection (a) of this section), and shall publish 
such regulations.
---------------------------------------------------------------------------
    \82\ 22 U.S.C. 4010a note.
    \83\ Sec. 1(i) of Public Law 103-415 (108 Stat. 4301) moved the 
close parenthesis from ``system,)'' to ``that agency)''.
---------------------------------------------------------------------------

SEC. 182. RESTORATION OF WITHHELD BENEFITS.

    (a) \84\ Eligibility.--With respect to any person for which 
the Secretary of State and the Secretary concerned within the 
Department of Defense have \85\ approved the employment or the 
holding of a position pursuant to the provisions of section 
1060 of title 10, United States Code, before April 30, 
1994,\86\ the consents, approvals and determinations under that 
section shall be deemed to be effective as of January 1, 1993.
---------------------------------------------------------------------------
    \84\ 10 U.S.C. 1058 note.
    \85\ Sec. 1(j) of Public Law 103-415 (108 Stat. 4301) struck out 
``has'' and inserted in lieu thereof ``have''.
    \86\ Sec. 1070(d)(7) of the National Defense Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-337; 108 Stat. 2858) struck 
out ``section 1058, title 10, United States Code, before the date of 
enactment of this Act,'' and inserted in lieu thereof ``section 1060 of 
title 10, United States Code, before April 30, 1994,''.
---------------------------------------------------------------------------
    (b) Technical Correction.--Subsection (d) of section 1433 
of Public Law 103-160 is repealed.

   Subpart 2--Foreign Language Competence Within the Foreign Service

SEC. 191.\87\ FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE.

    (a) \88\ Regulations.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of State shall 
promulgate regulations--
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    \87\ The Secretary of State delegated functions authorized under 
this section to the Under Secretary for Management (Department of State 
Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 
50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
    \88\ 22 U.S.C. 3926 note.
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          (1) establishing hiring preferences for Foreign 
        Service Officer candidates competent in languages, with 
        priority preference given to those languages in which 
        the Department of State has a deficit;
          (2) establishing a standard that employees will not 
        receive long-term training in more than 3 languages, 
        and requiring that employees achieve full professional 
        proficiency (S4/R4) in 1 language as a condition for 
        training in a third, with exceptions for priority needs 
        of the service at the discretion of the Director 
        General;
          (3) requiring that employees receiving long-term 
        training in a language, or hired with a hiring 
        preference for a language, serve at least 2 tours in 
        jobs requiring that language, with exceptions for 
        certain limited-use languages and priority needs of the 
        service at the discretion of the Director General;
          (4) requiring that significant consideration be given 
        to foreign language competence and use in the 
        evaluation, assignment, and promotion of all Foreign 
        Service Officers of the Department of State, the Agency 
        for International Development, and the United States 
        Information Agency; \89\
---------------------------------------------------------------------------
    \89\ Sec. 1(u) of Public Law 103-415 (108 Stat. 4302) inserted 
before the semicolon ``, the Agency for International Development, and 
the United States Information Agency''.
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          (5) requiring the identification of appropriate 
        Washington, D.C. metropolitan area positions as 
        language-designated; and
          (6) requiring remedial training and suspension of 
        language differential payments for employees receiving 
        such payments who have failed to maintain required 
        levels of proficiency.
    (b) Repeal.--Section 164 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001 
note; Public Law 101-246) is repealed.

SEC. 192.\90\ DESIGNATION OF FOREIGN LANGUAGE RESOURCES COORDINATOR.

    (a) Policy.--It is the sense of the Congress that--
---------------------------------------------------------------------------
    \90\ 22 U.S.C. 4021 note.
---------------------------------------------------------------------------
          (1) the Department of State, by virtue of the 
        Secretary's overall responsibility under section 701(a) 
        of the Foreign Service Act of 1980 (22 U.S.C. 4011(a)) 
        for training and instruction in the field of foreign 
        relations to meet the needs of all Federal agencies, 
        should take the lead in this interagency effort; and
          (2) in order to promote efficiency and quality in the 
        training provided by the Secretary of State and other 
        Federal agencies, the Secretary should call upon other 
        agencies to share in the joint management and 
        coordination of Federal foreign language resources.
    (b) Foreign Language Resources Coordinator.--
          (1) The Secretary of State should appoint a Foreign 
        Language Resources Coordinator (in this subsection 
        referred to as the ``Coordinator'') who shall be 
        responsible--
                  (A) for coordinating the efforts of the 
                appropriate agencies of Government--
                          (i) to strengthen mechanisms for 
                        sharing of foreign language resources; 
                        and
                          (ii) to identify Federal foreign 
                        language resource requirements in the 
                        areas of diplomacy, military 
                        preparedness, international security, 
                        and other foreign policy objectives; 
                        and
                  (B) for making recommendations to the 
                Secretary of State as to which Federal foreign 
                language assets, if any, should be made 
                available to the private sector in support of 
                national global economic competitiveness goals.
          (2) All appropriate United States Government agencies 
        maintaining and utilizing Federal foreign language 
        training and related resources shall cooperate fully 
        with any Coordinator.

SEC. 193.\91\ FOREIGN LANGUAGE SERVICES.

    (a) Surcharge for Certain Foreign Language Services.--
Notwithstanding any other provision of law, the Secretary of 
State is authorized to require the payment of an appropriate 
fee, surcharge, or reimbursement for providing other Federal 
agencies with foreign language translation and interpretation 
services.
---------------------------------------------------------------------------
    \91\ 22 U.S.C. 2695a. The Secretary of State delegated functions 
authorized under this section to the Under Secretary for Management 
(Department of State Public Notice 2086; sec. 4 of Delegation of 
Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority 
No. 198, September 16, 1992).
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    (b) Use of Funds.--Funds collected under the authority of 
subsection (a) shall be deposited as an offsetting collection 
to any Department of State appropriation to recover the cost of 
providing translation or interpretation services in any foreign 
language. Such funds may remain available until expended.

   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                             PROGRAMS \92\

          * * * * * * *
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    \92\ For titles II and III, relating to U.S. informational, 
educational, and cultural programs, USIA and related agencies, and 
international broadcasting, see beginning at page 1266.
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      TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT \92\

          * * * * * * *

                 TITLE IV--INTERNATIONAL ORGANIZATIONS

     PART A--UNITED NATIONS REFORM AND PEACEKEEPING OPERATIONS \93\

SEC. 401. UNITED NATIONS OFFICE OF INSPECTOR GENERAL.

    (a) Withholding of Portion of Certain Assessed 
Contributions.--Until a certification is made under subsection 
(b), the following amounts shall be withheld from obligation 
and expenditure (in addition to any amounts required to be 
withheld by any other provision of this Act):
---------------------------------------------------------------------------
    \93\ See also in this volume, Section H--United Nations and Other 
International Organizations.
---------------------------------------------------------------------------
          (1) FY 1994 assessed contributions for u.n. regular 
        budget.--Of the funds appropriated for ``Contributions 
        to International Organizations'' for fiscal year 1994, 
        10 percent of the amount for United States assessed 
        contributions to the regular budget of the United 
        Nations shall be withheld.
          (2) FY 1995 assessed contributions for u.n. regular 
        budget.--Of the funds appropriated for ``Contributions 
        to International Organizations'' for fiscal year 1995, 
        20 percent of the amount for United States assessed 
        contributions to the regular budget of the United 
        Nations shall be withheld.
          (3) Supplemental assessed peacekeeping 
        contributions.--Of the funds appropriated for 
        ``Contributions for International Peacekeeping 
        Activities'' for a fiscal year pursuant to the 
        authorization of appropriations under section 102(d), 
        50 percent shall be withheld.
    (b) \94\ Certification.--The certification referred to in 
subsection (a) is a certification by the President to the 
Congress that--
---------------------------------------------------------------------------
    \94\ Functions vested in the President in sec. 401(b) were 
delegated to the Secretary of State (Presidential memorandum of July 
26, 1994; 59 F.R. 40205).
---------------------------------------------------------------------------
          (1) the United Nations has established an independent 
        office of Office of Internal Oversight Services \95\ to 
        conduct and supervise objective audits, inspections, 
        and investigations relating to the programs and 
        operations of the United Nations;
---------------------------------------------------------------------------
    \95\ Sec. 106(c)(3)(B) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), struck out ``Inspector General'' and inserted in 
lieu thereof ``Office of Internal Oversight Services'' throughout 
subsec. (b).
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          (2) the Secretary General of the United Nations has 
        appointed an Office of Internal Oversight Services,\95\ 
        with the approval of the General Assembly, and that 
        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 
        investigations;
          (3) the Office of Internal Oversight Services,\95\ 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; and
                  (C) have direct and prompt access to any 
                official of the United Nations;
          (4) the United Nations has procedures in place 
        designed to protect the identity of, and to prevent 
        reprisals against, any staff member making a complaint 
        or disclosing information to, or cooperating in any 
        investigation or inspection by, the Office of Internal 
        Oversight Services; \95\
          (5) the United Nations has procedures in place 
        designed to ensure compliance with the recommendations 
        of the Office of Internal Oversight Services; \95\ and
          (6) \96\ the United Nations has procedures in place 
        to ensure that all reports submitted by the Office of 
        Internal Oversight Services are made available to the 
        member states of the United Nations without 
        modification except to the extent necessary to protect 
        the privacy rights of individuals.
---------------------------------------------------------------------------
    \96\ Sec. 106(c)(3)(A) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), amended and restated para. (6). It previously 
read as follows:
    ``(6) the United Nations has procedures in place to ensure that all 
annual and other relevant reports submitted by the Inspector General 
are made available to the General Assembly without modification.''.
---------------------------------------------------------------------------
    (c) Specialized Agencies.--United States representatives to 
the United Nations should promote complete Inspector General 
access to all records and officials of the specialized agencies 
of the United Nations, and should strive to achieve such access 
by fiscal year 1996.
    (d) Definition.--For purposes of this part, the term 
``Inspector General'' means the head of an independent office 
(or other independent entity) established by the United Nations 
to conduct and supervise objective audits, inspections, and 
investigations relating to the programs and operations of the 
United Nations.

SEC. 402. UNITED STATES PARTICIPATION IN MANAGEMENT OF THE UNITED 
                    NATIONS.

    It is the sense of the Congress that, consistent with the 
United Nations Charter, United States nationals should have 
equitable representation at senior management levels in the 
United Nations system, especially in the Department for 
Administration and Mangement \97\ and in the office of the 
Inspector General.
---------------------------------------------------------------------------
    \97\ As enrolled. Should read ``Management''.
---------------------------------------------------------------------------

SEC. 403. SENSE OF THE SENATE ON DEPARTMENT OF DEFENSE FUNDING FOR 
                    UNITED NATIONS PEACEKEEPING OPERATIONS.

    It is the sense of the Senate that beginning October 1, 
1995, funds made available to the Department of Defense 
(including funds for ``Operation and Maintenance'') shall be 
available for--
          (1) United States assessed or voluntary contributions 
        for United Nations peacekeeping operations, or
          (2) the unreimbursable incremental costs associated 
        with the participation of United States Armed Forces in 
        any United Nations peacekeeping operation (other than 
        an operation necessary to protect American lives or 
        United States national interests),
only to the extent that the Congress has authorized, 
appropriated, or otherwise approved funds for such purposes.

SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING 
                    OPERATIONS.

    (a) Reassessment of Contribution Percentages.--The 
Permanent Representative of the United States to the United 
Nations should make every effort to ensure that the United 
Nations completes an overall review and reassessment of each 
nation's assessed contributions for United Nations peacekeeping 
operations. As part of the overall review and assessment, the 
Permanent Representative should make every effort to advance 
the concept that, when appropriate, host governments and other 
governments in the region where a United Nations peacekeeping 
operation is carried out should bear a greater burden of its 
financial cost.
    (b) \98\ Limitation on United States Contributions.--
---------------------------------------------------------------------------
    \98\ 22 U.S.C. 287e note.
---------------------------------------------------------------------------
          (1) Fiscal years 1994 and 1995.--Funds authorized to 
        be appropriated for ``Contributions for International 
        Peacekeeping Activities'' for fiscal years 1994 and 
        1995 shall not be available for the payment of the 
        United States assessed contribution for a United 
        Nations peacekeeping operation in an amount which is 
        greater than 30.4 percent of the total of all assessed 
        contributions for that operation, notwithstanding the 
        last sentence of the paragraph headed ``Contributions 
        to International Organizations'' in Public Law 92-544, 
        as amended by section 203 of the Foreign Relations 
        Authorization Act, Fiscal Year 1976 (22 U.S.C. 287e 
        note).
          (2) \99\ Subsequent fiscal years.--Funds authorized 
        to be appropriated for ``Contributions for 
        International Peacekeeping Activities'' for any fiscal 
        year after fiscal year 1995 shall not be available for 
        the payment of the United States assessed contribution 
        for a United Nations peacekeeping operation in an 
        amount which is greater than 25 percent of the total of 
        all assessed contributions for that operation.
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    \99\ Sec. 911(d) of the United Nations Reform Act of 1999 (title IX 
of the Admiral James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), 
provided the following:
    ``(d) Statutory Construction.--For purposes of payments made using 
funds made available under subsection (a), section 404(b)(2) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236) shall not apply to United Nations peacekeeping operation 
assessments received by the United States prior to October 1, 1995.''.
    For full text of sec. 911 and other freestanding provisions of the 
United Nations Reform Act of 1999, see beginning at page 2224.
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          (3) \100\ * * *
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    \100\ Para. (3) amended Public Law 92-544, relating to 
contributions to the United Nations.
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SEC. 405. UNITED STATES PERSONNEL TAKEN PRISONER WHILE SERVING IN 
                    MULTINATIONAL FORCES.

    It is the sense of the Congress that--
          (1) the President should take immediate steps, 
        unilaterally and in appropriate international bodies, 
        to assure that any United States military personnel 
        serving as part of a multinational force who are 
        captured are accorded protections equivalent to those 
        accorded to prisoners of war under the 1949 Geneva 
        Conventions and other international agreements intended 
        to protect prisoners of war; and
          (2) the President should also take all necessary 
        steps to bring to justice all individuals responsible 
        for any mistreatment or torture of, or for causing the 
        death of, United States military personnel who are 
        captured while serving in a multinational force.
---------------------------------------------------------------------------
    \101\ Sec. 406 amended sec. 4 of the United Nations Participation 
Act of 1945 (22 U.S.C. 287b).
---------------------------------------------------------------------------

SEC. 406.\101\ TRANSMITTALS OF CERTAIN UNITED NATIONS DOCUMENTS. * * *

SEC. 407.\102\ CONSULTATIONS AND REPORTS.

    (a) * * * [Repealed--1999]
---------------------------------------------------------------------------
    \102\ Formerly at 22 U.S.C. 287b note. Subsec. (a), pertaining to 
Presidential consultations with Congress on the status of U.N. 
peacekeeping operations, was repealed by sec. 724(a)(2) of the Admiral 
James W. Nance and Meg Donovan Foreign Relations Authorization Act, 
Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 
1000(a)(7) of Public Law 106-113; 113 Stat. 1536). Sec. 724(a)(1) of 
that Act amended and restated sec. 4(e) of the United Nations 
Participation act of 1945; see page 2212.
---------------------------------------------------------------------------
    (b) \103\ * * *
---------------------------------------------------------------------------
    \103\ Subsec. (b) amended sec. 4 of the United Nations 
Participation Act of 1945 (22 U.S.C. 287b).
---------------------------------------------------------------------------

SEC. 408.\104\ TRANSFERS OF EXCESS DEFENSE ARTICLES FOR INTERNATIONAL 
                    PEACEKEEPING OPERATIONS. * * *
---------------------------------------------------------------------------

    \104\ Sec. 408 added a new sec. 520 to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2321n), relating to transfers of excess defense 
articles for international peacekeeping operations.
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SEC. 409.\105\ REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED 
                    NATIONS AND ITS SPECIALIZED AGENCIES.

    (a) Assessed Contributions.--For assessed contributions 
authorized to be appropriated for ``Assessed Contributions to 
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.
---------------------------------------------------------------------------
    \105\ 22 U.S.C. 287e note. Functions vested in the President in 
sec. 409 were delegated to the Secretary of State (Presidential 
memorandum of July 26, 1994; 59 F.R. 40205). The Secretary of State 
delegated functions authorized under subsections (b) and (d) to the 
Assistant Secretary for International Organization Affairs, but 
retained the authorities in subsec. (a) (Department of State Public 
Notice 2086; sec. 10 of Delegation of Authority No. 214; 59 F.R. 
50790).
---------------------------------------------------------------------------
    (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 Foreign Affairs \106\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate.
---------------------------------------------------------------------------
    \106\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (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 Congress a report 
concerning the amount of United States assessed contributions 
paid to the United Nations and each of its specialized agencies 
during the preceding calendar year.
    (e) \107\ * * *
---------------------------------------------------------------------------
    \107\ Subsec. (e) repealed sec. 162(a) through (d) of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993.
---------------------------------------------------------------------------

SEC. 410.\108\ LIMITATION ON CONTRIBUTIONS TO THE UNITED NATIONS AND 
                    AFFILIATED ORGANIZATIONS.

    The United States shall not make any voluntary or assessed 
contribution--
---------------------------------------------------------------------------
    \108\ 22 U.S.C. 287e note.
---------------------------------------------------------------------------
          (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. 411. UNITED NATIONS SECURITY COUNCIL MEMBERSHIP.

    (a) Findings.--The Congress makes the following findings:
          (1) The effectiveness of the United Nations Security 
        Council in maintaining international peace and security 
        depends on its being representative of the membership 
        of the United Nations.
          (2) The requirement of equitable geographic 
        distribution in Article 23 of the United Nations 
        Charter requires that the members of the Security 
        Council of the United Nations be chosen by 
        nondiscriminatory means.
          (3) The use of informal regional groups of the 
        General Assembly as the sole means for election of the 
        nonpermanent members of the Security Council is 
        inherently discriminatory in the absence of guarantees 
        that all member states will have the opportunity to 
        join a regional group, and has resulted in 
        discrimination against Israel.
    (b) Sense of Congress.--It is the sense of Congress that 
the President should direct the Secretary of State to request 
the Secretary General of the United Nations to seek immediate 
resolution of the problem described in this section. The 
President shall inform the Congress of any progress in 
resolving this situation, together with the submission to 
Congress of the request for funding for the ``Contributions to 
International Organizations'' account of the Department of 
State for the fiscal year 1995.

SEC. 412. REFORMS IN THE WORLD HEALTH ORGANIZATION.

    (a) Sense of the Congress.--It is the sense of the Congress 
that United States contributions to the World Health 
Organization (WHO) should be utilized in the most effective and 
efficient manner possible, particularly for the reduction of 
diseases and disabilities in developing countries.
    (b) Policy.--The President shall direct the United States 
representatives to the World Health Assembly, the Executive 
Board, and the World Health Organization to monitor the 
activities of the World Health Organization to ensure that such 
organizations achieve--
          (1) the timely implementation of reforms and 
        management improvements, including those outlined in 
        the resolutions of the 46th World Health Assembly 
        related to the external Auditor (WHA 46.21), the Report 
        of the Executive Board on the WHO Response to Global 
        Change (WHA 46.16) and actions for Budgetary Reform 
        (WHA 46.35); and
          (2) the effective and efficient utilization and 
        monitoring of resources, including--
                  (A) the determination of strategic and 
                financial priorities; and
                  (B) the establishment of realistic and 
                measurable targets in accordance with the 
                established health priorities.

SEC. 413. REFORMS IN THE FOOD AND AGRICULTURE ORGANIZATION.

    In light of the longstanding efforts of the United States 
and the other major donor nations to reform the Food and 
Agriculture Organization (FAO) and the findings of the ongoing 
investigation of the General Accounting Office, the Congress 
makes the following declarations:
          (1) It should be the policy of the United States to 
        promote the following reforms in the Food and 
        Agriculture Organization:
                  (A) Decentralization of the administrative 
                structure of FAO, including eliminating 
                redundant or unnecessary headquarters staff, 
                increased responsibilities of regional offices, 
                increased time for consideration of budget 
                issues by member states, and a more meaningful 
                and direct role for member states in the 
                decisionmaking process.
                  (B) Reform of the FAO Council, including 
                formation of an executive management committee 
                to provide oversight of management.
                  (C) Limitation of the term of the Director 
                General and the number of terms which an 
                individual may serve.
                  (D) Restructuring of the Technical 
                Cooperation Program (TCP), including reducing 
                the number of nonemergency projects funded 
                through the TCP and establishing procedures to 
                deploy TCP consultants, supplies, and equipment 
                in a timely manner.
          (2) In an effort to increase the presence of United 
        States personnel at the international food agencies and 
        to enhance the professionalism of these institutions, 
        it should be the policy of the United States, to the 
        maximum extent practicable, to utilize existing 
        personnel programs such as the United States Department 
        of Agriculture Associate Professional Officer program 
        to place United States personnel with unique skills in 
        the Food and Agriculture Organization, the 
        International Fund for Agricultural Development, and 
        the World Food Program.

SEC. 414. SENSE OF CONGRESS REGARDING ADHERENCE TO UNITED NATIONS 
                    CHARTER.

    It is the sense of the Congress that--
          (1) the President should seek an assurance from the 
        Secretary General of the United Nations that the United 
        Nations will comply with Article 100 of the United 
        Nations Charter;
          (2) neither the Secretary General of the United 
        Nations nor his staff should seek or receive 
        instructions from any government or from any other 
        authority external to the United Nations; and
          (3) the President should report to Congress when he 
        receives such assurance from the Secretary General of 
        the United Nations.

SEC. 415.\109\ DESIGNATED CONGRESSIONAL COMMITTEES.

    For purposes of this part, the term ``designated 
congressional committees'' means the Committee on 
Appropriations and the Committee on Foreign Relations of the 
Senate and the Committee on Appropriations and the Committee on 
Foreign Affairs \106\ of the House of Representatives.
---------------------------------------------------------------------------
    \109\ 22 U.S.C. 287b note.
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    PART B--GENERAL PROVISIONS AND OTHER INTERNATIONAL ORGANIZATIONS

SEC. 421. AGREEMENT ON STATE AND LOCAL TAXATION.

    The President is authorized to bring into force for the 
United States the Agreement on State and Local Taxation of 
Foreign Employees of Public International Organizations, which 
was signed by the United States on April 21, 1992, except that, 
notwithstanding the provisions of Article 1.B of such 
Agreement, such Agreement shall not require any refunds of 
monies paid with respect to tax years ending on or before 
December 31, 1993.

SEC. 422. CONFERENCE ON SECURITY AND COOPERATION IN EUROPE.

    The President is authorized to implement, for the United 
States, the provisions of Annex 1 of the Decision concerning 
Legal Capacity and Privileges and Immunities, issued by the 
Council of Ministers of the Conference on Security and 
Cooperation in Europe on December 1, 1993, in accordance with 
the terms of that Annex.

SEC. 423.\110\ INTERNATIONAL BOUNDARY AND WATER COMMISSION. * * *
---------------------------------------------------------------------------

    \110\ Sec. 423 amended various Public Laws relating to the 
International Boundary and Water Commission, United States and Mexico.
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SEC. 424. UNITED STATES MEMBERSHIP IN THE ASIAN-PACIFIC ECONOMIC 
                    COOPERATION ORGANIZATION.

    (a) United States Membership.--The President is authorized 
to maintain membership of the United States in the Asian-
Pacific Economic Cooperation (APEC).
    (b) Payment of Assessed Contributions.--For fiscal year 
1994 and for each fiscal year thereafter, the United States 
assessed contributions to APEC may be paid from funds 
appropriated for ``Contributions to International 
Organizations''.

SEC. 425. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL COPPER STUDY 
                    GROUP.

    (a) United States Membership.--The President is authorized 
to accept the Terms of Reference of and maintain membership of 
the United States in the International Copper Study Group 
(ICSG).
    (b) Payments of Assessed Contributions.--For fiscal year 
1995 and thereafter the United States assessed contributions to 
the ICSG may be paid from funds appropriated for 
``Contributions to International Organizations''.

SEC. 426.\111\ EXTENSION OF THE INTERNATIONAL ORGANIZATIONS IMMUNITIES 
                    ACT TO THE INTERNATIONAL UNION FOR CONSERVATION OF 
                    NATURE AND NATURAL RESOURCES. * * *
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    \111\ Sec. 426 amended the International Organizations Immunities 
Act (22 U.S.C. 288f-4) to classify the International Union for 
Conservation of Nature and Natural Resources as an international 
organization for purposes of that Act.
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SEC. 427. INTER-AMERICAN ORGANIZATIONS.

    Taking into consideration the long-term commitment by the 
United States to the affairs of this Hemisphere and the need to 
build further upon the linkages between the United States and 
its neighbors, it is the sense of the Congress that the 
Secretary of State, in allocating the level of resources for 
international organizations, should pay particular attention to 
funding levels of the Inter-American organizations.

SEC. 428. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL COFFEE 
                    ORGANIZATION.

    None of the funds authorized to be appropriated by this Act 
may be used to fund any United States contribution to the 
International Coffee Organization.

SEC. 429. PROHIBITION ON CONTRIBUTIONS TO THE INTERNATIONAL JUTE 
                    ORGANIZATION.

    None of the funds authorized to be appropriated by this Act 
may be used to fund any United States contribution to the 
International Jute Organization.

SEC. 430.\112\ MIGRATION AND REFUGEE AMENDMENTS. * * *
---------------------------------------------------------------------------

    \112\ Sec. 430 amended the Migration and Refugee Assistance Act of 
1962 (22 U.S.C. 2601), and repealed sec. 745 of Public Law 100-204 (22 
U.S.C. 2601 note).
---------------------------------------------------------------------------

SEC. 431. WITHHOLDING OF UNITED STATES CONTRIBUTIONS FOR CERTAIN 
                    PROGRAMS OF INTERNATIONAL ORGANIZATIONS.

    (a) \113\ * * *
---------------------------------------------------------------------------
    \113\ Subsec. (a) amended sec. 307 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2227); see Legislation on Foreign Relations Through 
2001, vol. I-A.
---------------------------------------------------------------------------
    (b) \114\ United Nations Development Program.--
---------------------------------------------------------------------------
    \114\ Functions vested in the President in sec. 431(b) were 
delegated to the Secretary of State (Presidential memorandum of July 
26, 1994; 59 F.R. 40205), and further delegated to the Assistant 
Secretary for International Organization Affairs (Department of State 
Public Notice 2086; sec. 10 of Delegation of Authority No. 214; 59 F.R. 
50790).
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          (1) Except as provided in paragraphs (2) and (3), for 
        fiscal years 1994 and 1995 none of the funds made 
        available for United Nations Development Program or 
        United Nations Development Program--Administered Funds 
        shall be available for programs and activities in or 
        for Burma.
          (2) Of the funds made available for United Nations 
        Development Program and United Nations Development 
        Program--Administered Funds for fiscal year 1994, 
        $11,000,000 may be available only if the President 
        certifies to the Congress that the United Nations 
        Development Program's programs and activities in or for 
        Burma promote the enjoyment of internationally 
        guaranteed human rights in Burma and do not benefit the 
        State Law and Order Restoration Council (SLORC) 
        military regime.
          (3) Of the funds made available for United Nations 
        Development Program and United Nations Development 
        Program--Administered Funds for fiscal year 1995, 
        $27,600,000 may be available only if the President 
        certifies to the Congress that--
                  (A) the United Nations Development Program 
                has approved or initiated no new programs and 
                no new funding for existing programs in or for 
                Burma since the United Nations Development 
                Program Governing Council (Executive Board) 
                meeting of June 1993,
                  (B) such programs address unforeseen urgent 
                humanitarian concerns, or
                  (C) a democratically elected government in 
                Burma has agreed to such programs.

                        TITLE V--FOREIGN POLICY

                       PART A--GENERAL PROVISIONS

SEC. 501.\115\ UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO 
                    REFUGEES AND DISPLACED PERSONS.

    (a) Standards for Refugee Women and Children.--The United 
States Government, in providing for overseas assistance and 
protection of refugees and displaced persons, shall seek to 
address the protection and provision of basic needs of refugee 
women and children who represent 80 percent of the world's 
refugee population. As called for in the 1991 United Nations 
High Commissioner for Refugees (UNHCR) ``Guidelines on the 
Protection of Refugee Women'', whether directly, or through 
international organizations and nongovernmental voluntary 
organizations, the Secretary of State shall seek to ensure--
---------------------------------------------------------------------------
    \115\ 22 U.S.C. 2601 note.
---------------------------------------------------------------------------
          (1) specific attention on the part of the United 
        Nations and relief organizations to recruit and employ 
        female protection officers;
          (2) implementation of gender awareness training for 
        field staff including, but not limited to, security 
        personnel;
          (3) the protection of refugee women and children from 
        violence and other abuses on the part of governments or 
        insurgent groups;
          (4) full involvement of women refugees in the 
        planning and implementation of (A) the delivery of 
        services and assistance, and (B) the repatriation 
        process;
          (5) incorporation of maternal and child health needs 
        into refugee health services and education, 
        specifically to include education on and access to 
        services in reproductive health and birth spacing;
          (6) the availability of counseling and other 
        services, grievance processes, and protective services 
        to victims of violence and abuse, including but not 
        limited to rape and domestic violence;
          (7) the provision of educational programs, 
        particularly literacy and numeracy, vocational and 
        income-generation skills training, and other training 
        efforts promoting self-sufficiency for refugee women, 
        with special emphasis on women heads of household;
          (8) education for all refugee children, ensuring 
        equal access for girls, and special services and family 
        tracing for unaccompanied refugee minors;
          (9) the collection of data that clearly enumerate age 
        and gender so that appropriate health, education, and 
        assistance programs can be planned;
          (10) the recruitment, hiring, and training of more 
        women program professionals in the international 
        humanitarian field; and
          (11) gender-awareness training for program staff of 
        the United Nations High Commissioner for Refugees 
        (UNHCR) and nongovernmental voluntary organizations on 
        implementation of the 1991 UNHCR ``Guidelines on the 
        Protection of Refugee Women''.
    (b) Procedures.--The Secretary of State should adopt 
specific procedures to ensure that all recipients of United 
States Government refugee and migration assistance funds 
implement the standards outlined in subsection (a).
    (c) Requirements for Refugee and Migration Assistance.--The 
Secretary of State, in providing migration and refugee 
assistance, should support the protection efforts set forth 
under this section by raising at the highest levels of 
government the issue of abuses against refugee women and 
children by governments or insurgent groups that engage in, 
permit, or condone--
          (1) a pattern of gross violations of internationally 
        recognized human rights, such as torture or cruel, 
        inhumane, or degrading treatment or punishment, 
        prolonged detention without charges, or other flagrant 
        denial to life, liberty, and the security of person;
          (2) the blockage of humanitarian relief assistance;
          (3) gender-specific persecution such as systematic 
        individual or mass rape, forced pregnancy, forced 
        abortion, enforced prostitution, any form of indecent 
        assault or act of violence against refugee women, 
        girls, and children; or
          (4) continuing violations of the integrity of the 
        person against refugee women and children on the part 
        of armed insurgents, local security forces, or camp 
        guards.
    (d) Investigation of Reports.--Upon receipt of credible 
reports of abuses under subsection (c), the Secretary of State 
should immediately investigate such reports through emergency 
fact-finding missions or other means of investigating such 
reports and help identify appropriate remedial measures.
    (e) Multilateral Implementation of the 1991 UNHCR 
``Guidelines on the Protection of Refugee Women''.--The 
Secretary of State should work to ensure that multilateral 
organizations fully incorporate the needs of refugee women and 
children into all elements of refugee assistance programs and 
work to encourage other governments that provide refugee 
assistance to adopt refugee assistance policies designed to 
encourage full implementation of the 1991 UNHCR's ``Guidelines 
on the Protection of Refugee Women''.

SEC. 502. INTERPARLIAMENTARY EXCHANGES.

    (a) \116\ Authorizations of Appropriations.-- * * *
---------------------------------------------------------------------------
    \116\ Subsec. (a) amended sec. 2 of Public Law 86-420 and sec. 2 of 
Public Law 86-42.
---------------------------------------------------------------------------
    (b) \117\ Deposit of Funds in Interest-Bearing Accounts.--
Funds appropriated and disbursed pursuant to section 303 of 
Title III of Public Law 100-202 (101 Stat. 1329-23; 22 U.S.C. 
276 note) are authorized to be deposited in interest-bearing 
accounts and any interest which accrues shall be deposited, 
periodically, in a miscellaneous account of the Treasury.
---------------------------------------------------------------------------
    \117\ 22 U.S.C. 276 note.
---------------------------------------------------------------------------

SEC. 503. FOOD AS A HUMAN RIGHT.

    (a) The Right to Food and United States Foreign Policy.--
          (1) In general.--The United States should, in 
        accordance with its international obligations and in 
        keeping with the longstanding humanitarian tradition of 
        the United States, promote increased respect 
        internationally for the rights to food and to medical 
        care, including the protection of these rights with 
        respect to civilians and noncombatants during times of 
        armed conflict (such as through ensuring safe passage 
        of relief supplies and access to impartial humanitarian 
        relief organizations providing relief assistance).
          (2) Responsibilities of assistant secretary of 
        state.--The responsibilities of the Assistant Secretary 
        of State who is responsible for human rights and 
        humanitarian affairs shall include promoting increased 
        respect internationally for the rights to food and to 
        medical care in accordance with paragraph (1).
    (b) International Effort to Strengthen the Right to Food.--
It is the sense of the Congress that a major effort should be 
made to strengthen the right to food in international law to 
assure the access of all persons to adequate food supplies.

SEC. 504. TRANSPARENCY IN ARMAMENTS.

    It is the sense of the Congress that--
          (1) no sale of any defense article or defense service 
        should be made, no license should be issued for the 
        export of any defense article or defense service, and 
        no agreement to transfer in any way any defense article 
        or defense service should be made to any nation that 
        does not fully furnish all pertinent data to the United 
        Nations Register of Conventional Arms pursuant to 
        United Nations General Assembly Resolution 46/36L by 
        the reporting date specified by such register;
          (2) if a nation has not submitted the required 
        information by the reporting date of a particular year, 
        but subsequently submits notification to the United 
        Nations that it intends to provide such information at 
        the next reporting date, an agreement may be negotiated 
        with the nation or a license may be issued, but the 
        actual delivery of such defense article or service 
        should not occur until that nation submits such 
        information; and
          (3) the President should seek to restart the United 
        Nations Security Council ``Perm-5'' talks and should 
        report to the Congress on the progress of such talks 
        and the effects of United States agreements since 
        October 1991 to sell arms to the developing world.

SEC. 505. SENSE OF THE SENATE CONCERNING INSPECTOR GENERAL ACT.

    It is the sense of the Senate that--
          (1) there is a growing concern among some of the 
        Members of this body that the unlimited terms of Office 
        of Inspectors General in Federal agencies may be 
        undesirable, therefore
          (2) the issue of amending the Inspector General Act 
        to establish term limits for Inspectors General should 
        be examined and considered as soon as possible by the 
        appropriate committees of jurisdiction.

SEC. 506. TORTURE CONVENTION IMPLEMENTATION.

    (a) \118\ * * *
---------------------------------------------------------------------------
    \118\ Subsec. (a) added a new chapter 113B to 18 U.S.C.
---------------------------------------------------------------------------
    (b) * * *
    (c) \119\ Effective Date.--The amendments made by this 
section shall take effect on the later of--
---------------------------------------------------------------------------
    \119\ 18 U.S.C. 2340 note.
---------------------------------------------------------------------------
          (1) the date of enactment of this Act; or
          (2) the date on which the United States has become a 
        party to the Convention Against Torture and Other 
        Cruel, Inhuman or Degrading Treatment or Punishment.

SEC. 507. UNITED STATES POLICY CONCERNING IRAQ.

    (a) Policy.--It is the sense of the Congress that the 
President should--
          (1) take steps to encourage the United Nations 
        Security Council--
                  (A) to reaffirm support for the protection of 
                all Iraqi Kurdish and other minorities pursuant 
                to Security Council Resolution 688;
                  (B) to maintain the United Nations embargo on 
                the Iraqi regime until Iraq complies with all 
                relevant Security Council resolutions;
                  (C) to consider lifting selectively the 
                United Nations embargo on the areas under the 
                administration of the democratically-elected 
                leadership of Iraqi Kurdistan, subject to the 
                verifiable conditions that--
                          (i) the inhabitants of such areas do 
                        not conduct trade with the Iraqi 
                        regime, and
                          (ii) the partial lifting of the 
                        embargo will not materially assist the 
                        Iraqi regime;
                  (D) to consider extending international 
                protection, including the establishment of a 
                safe haven, to the marsh Arabs in southern 
                Iraq; and
                  (E) to pursue international judgments against 
                Iraqi officials responsible for war crimes and 
                crimes against humanity, based upon documentary 
                evidence obtained from Iraqi and other sources;
          (2) continue to advocate the maintenance of Iraq's 
        territorial integrity and the transition to a unified, 
        democratic Iraq;
          (3) take steps to encourage the provision of 
        humanitarian assistance for the people fleeing from the 
        marshes in southern Iraq;
          (4) design a multilateral assistance program for the 
        people of Iraqi Kurdistan to support their drive for 
        self-sufficiency; and
          (5) take steps to intensify discussions with the 
        Government of Turkey, whose support and cooperation in 
        the protection of the people of Iraqi Kurdistan is 
        critical, to ensure that the stability of both Turkey 
        and the entire region are enhanced by the measures 
        taken under this section.

SEC. 508. HIGH-LEVEL VISITS TO TAIWAN.

    It is the sense of the Congress that--
          (1) the President should be commended for meeting 
        with Taiwan's Minister of Economic Affairs during the 
        Asia-Pacific Economic Cooperation Conference in 
        Seattle;
          (2) the President should send Cabinet-level 
        appointees to Taiwan to promote United States interests 
        and to ensure the continued success of United States 
        business in Taiwan; and
          (3) in addition to Cabinet-level visits, the 
        President should take steps to show clear United States 
        support for Taiwan both in our bilateral relationship 
        and in multilateral organizations of which the United 
        States is a member.

SEC. 509. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN 
                    THE WAR RESERVE ALLIES STOCKPILE TO THE REPUBLIC OF 
                    KOREA.

    (a) Authority.--(1) Notwithstanding section 514 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President 
is authorized to transfer to the Republic of Korea, in return 
for concessions to be negotiated by the Secretary of Defense, 
with the concurrence of the Secretary of State, any or all of 
the items described in paragraph (2).
    (2) The items referred to in paragraph (1) are equipment, 
tanks, weapons, repair parts, and ammunition that--
          (A) are obsolete or surplus items;
          (B) are in the inventory of the Department of 
        Defense;
          (C) are intended for use as reserve stocks for the 
        Republic of Korea; and
          (D) as of the date of enactment of this Act, are 
        located in a stockpile in the Republic of Korea.
    (b) Concessions.--The value of the concessions negotiated 
pursuant to subsection (a) shall be at least equal to the fair 
market value of the items transferred. The concessions may 
include cash compensation, services, waiver of charges 
otherwise payable by the United States, and other items of 
value.
    (c) Advance Notification of Transfer.--Not less than 30 
days before making a transfer under the authority of this 
section, the President shall transmit to the Committee on 
Foreign Relations of the Senate, the Committee on Foreign 
Affairs \120\ of the House of Representatives, and the 
congressional defense committees a notification of the proposed 
transfer. The notification shall identify the items to be 
transferred and the concessions to be received.
---------------------------------------------------------------------------
    \120\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (d) Expiration of Authority.--No transfer may be made under 
the authority of this section more than two years after the 
date of the enactment of this Act.

SEC. 510. EXTENSION OF THE FAIR TRADE IN AUTO PARTS ACT OF 1988.

    (a) In General.--Section 2125 of the Fair Trade in Auto 
Parts Act of 1988 (15 U.S.C. 4704) is amended by striking 
``1993'' and inserting ``1998''.
    (b) \121\ Effective Date.--The amendment made by this 
section shall take effect on December 30, 1993.
---------------------------------------------------------------------------
    \121\ 15 U.S.C. 4704 note.
---------------------------------------------------------------------------

SEC. 511. REPORT ON THE USE OF FOREIGN FROZEN OR BLOCKED ASSETS.

    Not later than 60 days after the date of enactment of this 
Act, the President shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs 
\120\ of the House of Representatives a report containing a 
detailed accounting analysis and justification for all 
expenditures made from the assets of foreign governments that 
have been frozen or blocked by the United States Government, 
including expenditures from frozen or blocked assets of Haiti, 
Iraq, and Iran.

SEC. 512.\122\ EXTENSION OF CERTAIN ADJUDICATION PROVISIONS. * * *
---------------------------------------------------------------------------

    \122\ Sec. 512 amended secs. 599D and 599E of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990 (Public Law 101-167).
---------------------------------------------------------------------------

SEC. 513. POLICY REGARDING THE CONDITIONS WHICH THE GOVERNMENT OF THE 
                    PEOPLE'S REPUBLIC OF CHINA SHOULD MEET TO CONTINUE 
                    TO RECEIVE NONDISCRIMINATORY MOST-FAVORED-NATION 
                    TREATMENT.

    (a) Findings.--The Senate makes the following findings:
          (1) In an Executive Order of May 28, 1993, the 
        President established conditions for renewal of most-
        favored-nation (MFN) status for the People's Republic 
        of China in 1994.\123\
---------------------------------------------------------------------------
    \123\ Executive Order 12850 (58 F.R. 31327).
---------------------------------------------------------------------------
          (2) The Executive Order requires that in making a 
        recommendation about the further extension of MFN 
        status to China, the Secretary of State shall not 
        recommend extension unless the Secretary determines 
        that--
                  (A) extension will substantially promote the 
                freedom of emigration objectives of section 402 
                of the Trade Act of 1974; and
                  (B) China is complying with the 1992 
                bilateral agreement between the United States 
                and China concerning prison labor.
          (3) The Executive Order further requires that in 
        making a recommendation, the Secretary of State shall 
        determine whether China has made overall, significant 
        progress with respect to--
                  (A) taking steps to begin adhering to the 
                Universal Declaration of Human Rights;
                  (B) releasing and providing an acceptable 
                accounting for Chinese citizens imprisoned or 
                detained for the non-violent expression of 
                their political and religious beliefs, 
                including such expression of religious beliefs 
                in connection with the Democracy Wall and 
                Tiananmen Square movements;
                  (C) ensuring humane treatment of prisoners, 
                such as by allowing access to prisons by 
                international humanitarian and human rights 
                organizations;
                  (D) protecting Tibet's distinctive religious 
                and cultural heritage; and
                  (E) permitting international radio and 
                television broadcasts into China.
          (4) The Executive Order further requires the 
        Executive Branch to resolutely pursue all legislative 
        and executive actions to ensure that China abides by 
        its commitments to follow fair, nondiscriminatory trade 
        practices in dealing with United States businesses, and 
        adheres to the Nuclear Nonproliferation Treaty, the 
        Missile Technology Control Regime guidelines and 
        parameters, and other nonproliferation commitments.
          (5) The Chinese government should cooperate with 
        international efforts to obtain North Korea's full, 
        unconditional compliance with the Nuclear Non-
        Proliferation Treaty.
          (6) The President has initiated an intensive high-
        level dialogue with the Chinese government which began 
        last year with a meeting between the Secretary of State 
        and the Chinese Foreign Minister, including a meeting 
        in Seattle between the President and the President of 
        China, meetings in Beijing with the Secretary of the 
        Treasury, the Assistant Secretary for Human Rights and 
        others, a recent meeting in Paris between the Secretary 
        of State and the Chinese Foreign Minister, and recent 
        meetings in Washington with several Under Secretaries 
        and their Chinese counterparts.
          (7) The President's efforts have led to some recent 
        progress on some issues of concern to the United 
        States.
          (8) Notwithstanding this, substantially more progress 
        is needed to meet the standards in the President's 
        Executive Order.
          (9) The Chinese government's overall human rights 
        record in 1993 fell far short of internationally 
        accepted norms as it continued to repress critics and 
        failed to control abuses by its own security forces.
    (b) Sense of Senate.--It is the sense of the Senate that 
the President of the United States should use all appropriate 
opportunities, in particular more high-level exchanges with the 
Chinese government, to press for further concrete progress 
toward meeting the standards for continuation of MFN status as 
contained in the Executive Order.

SEC. 514.\124\ IMPLEMENTATION OF PARTNERSHIP FOR PEACE.

    (a) Report to Congress.--The President shall submit 
annually, beginning 90 days after the date of enactment of this 
Act, a detailed report to the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs \120\ of the 
House of Representatives on the implementation of the 
``Partnership for Peace'' initiative, including an assessment 
of the progress made by former members of the Warsaw Treaty 
Organization in meeting the criteria for full membership 
articulated in Article 10 of the North Atlantic Treaty, wherein 
any other European state may, by unanimous agreement, be 
invited to accede to the North Atlantic Treaty if it is in a 
position to further the principles of the Treaty and to 
contribute to the security of the North Atlantic area.
---------------------------------------------------------------------------
    \124\ 22 U.S.C. 1928 note. Sec. 205 of the NATO Participation Act 
of 1994 (title II of Public Law 103-447; 108 Stat. 4697) provided the 
following:
    ``sec. 205. reporting requirement.
    ``The President shall include in the report required by section 
514(a) of Public Law 103-236 (22 U.S.C. 1928 note) the following:
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          ``(1) A description of all assistance provided under the 
        program established under section 203(a), or otherwise provided 
        by the United States Government to facilitate the transition to 
        full NATO membership of Poland, Hungary, the Czech Republic, 
        Slovakia, and other Partnership for Peace countries emerging 
        from communist domination designated pursuant to section 
        203(d).
          ``(2) A description, on the basis of information received 
        from the recipients and from NATO, of all assistance provided 
        by other NATO member nations or NATO itself to facilitate the 
        transition to full NATO membership of Poland, Hungary, the 
        Czech Republic, Slovakia, and other Partnership for Peace 
        countries emerging from communist domination designated 
        pursuant to section 203(d).''.
    (b) \125\ Authority of the President.--The President is 
authorized to confer, pursuant to agreement with any country 
eligible to participate in the Partnership for Peace, rights in 
respect of the military and related civilian personnel 
(including dependents of any such personnel) and activities of 
that country in the United States comparable to the rights 
conferred by that country in respect of the military and 
related civilian personnel (including dependents of any such 
personnel) and activities of the United States in that country.
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    \125\ Functions vested in the President in sec. 514(b) were 
delegated to the Secretary of State (Presidential memorandum of July 
26, 1994; 59 F.R. 40205).
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SEC. 515. POLICY TOWARD THAILAND, CAMBODIA, LAOS, AND BURMA.

    It is the sense of the Congress that--
          (1) the creation of a new Cambodian government 
        through United Nations sponsored elections offers a 
        unique opportunity for the revival of the Cambodian 
        nation, an opportunity which the United States should 
        help realize;
          (2) the President should enunciate a clear policy 
        toward Burma and, in so doing, be guided by the 
        approach in Senate Resolution 112; \126\
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    \126\ Senate Resolution 112, agreed to in the Senate May 27, 1993, 
provided the following:
    ``Urging sanctions to be imposed against the Burmese government, 
and for other purposes.
    ``Whereas the military junta in Burma known as the State Law and 
Order Restoration Council (in this preamble referred to as the `SLORC') 
brutally suppressed peaceful democratic demonstrations in September 
1988;
    ``Whereas the Senate of the United States has repeatedly condemned 
and continues its condemnation of the SLORC;
    ``Whereas the SLORC does not represent the people of Burma, since 
the people of Burma gave the National League for Democracy a clear 
victory in the election of May 27, 1990;
    ``Whereas the SLORC has held Daw Aung San Suu Kyi, a leader of the 
National League for Democracy and the winner of the Nobel Peace Prize 
for 1991, under house arrest since July 1989;
    ``Whereas the United Nations Human Rights Commission unanimously 
adopted on March 5, 1993, a resolution deploring the human rights 
situation in Burma and the continued arrest of Daw Aung San Suu Kyi; 
and
    ``Whereas on March 12, 1992, the Committee on Foreign Relations of 
the Senate unanimously stated that (1) the SLORC does not represent the 
Burmese people and should transfer power to the winners of the 1990 
elections, (2) United States military attache should be withdrawn from 
Burma, and (3) the United States should oppose United Nations 
Development Program funding for Burma: Now, therefore, be it
    ``Resolved, That it is the sense of the Senate that the President, 
the Secretary of State, and other United States Government 
representatives should--
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          ``(1) seek the immediate release of Daw Aung San Suu Kyi from 
        arrest and the transfer of power to the winners of the 1990 
        elections in Burma; and
          ``(2) encourage the adoption by the United Nations Security 
        Council of an arms embargo and other sanctions against the 
        regime of the State Law and Order Restoration Council in Burma.
          ``Sec. 2. The Secretary of the Senate shall transmit a copy 
        of this resolution to the President and the Secretary of 
        State.''.
          (3) the government and people of Thailand are to be 
        commended for Thailand's return to civilian, democratic 
        rule, and for its contribution to the implementation of 
        the Paris Peace Accords on Cambodia;
          (4) the President of the United States should convey 
        to Thailand United States concern over the continued 
        support for the Khmer Rouge by elements of the Thai 
        military and to urge the Thai Government to intensify 
        its efforts to terminate that support, in accordance 
        with the Paris Peace Accords;
          (5) the Government of Thailand should continue to 
        allow the democratic leaders of Burma to operate freely 
        within Thailand and to grant them free passage to allow 
        them to present their case at the United Nations and 
        other international gatherings;
          (6) the President of the United States should urge 
        the Government of Thailand to prosecute, with the full 
        force of law, those responsible for the trafficking, 
        forced labor, and physical and sexual abuse of women 
        and children in Thailand, and to protect the civil and 
        human rights of Burmese women in Thailand and prevent 
        their further victimization; and
          (7) the United States should work with the United 
        Nations High Commissioner for Refugees, the Government 
        of Thailand, and other relevant parties to ensure that 
        the rights of asylum seekers in Thailand, and in 
        particular the Hmong people from Laos, are fully 
        respected and that force is not used in any 
        repatriations.

SEC. 516. PEACE PROCESS IN NORTHERN IRELAND.

    It is the sense of the Congress that the United States 
should--
          (1) strongly encourage all parties to the conflict in 
        the North of Ireland to renounce violence and to 
        participate in the current search for peace in the 
        region; and
          (2) assist in furthering the peace process where 
        appropriate.

SEC. 517. SENSE OF THE SENATE ON THE ESTABLISHMENT OF AN INTERNATIONAL 
                    CRIMINAL COURT.

    (a) Senate Findings.--The Senate makes the following 
findings:
          (1) The freedom and security of the international 
        community rests on the sanctity of the rule of law.
          (2) The international community is increasingly 
        threatened by unlawful acts such as war crimes, 
        genocide, aggression, crimes against humanity, 
        terrorism, drug trafficking, money laundering, and 
        other crimes of an international character.
          (3) The prosecution of individuals suspected of 
        carrying out such acts is often impeded by political 
        and legal obstacles such as amnesties, disputes over 
        extradition, differences in the structure and 
        capabilities of national courts, and the lack of 
        uniform guidelines under which to try such individuals.
          (4) The war crimes trials held in the aftermath of 
        World War II at Nuremberg, Germany, and Tokyo, Japan, 
        demonstrated that fair and effective prosecution of war 
        criminals could be carried out in an international 
        forum.
          (5) Since its inception in 1945 the United Nations 
        has sought to build on the precedent established at the 
        Nuremberg and Tokyo trials by establishing a permanent 
        international criminal court with jurisdiction over 
        crimes of an international character.
          (6) United Nations General Assembly Resolution 44/39, 
        adopted on December 4, 1989, called on the 
        International Law Commission to study the feasibility 
        of an international criminal court.
          (7) In the years after passage of that resolution the 
        International Law Commission has taken a number of 
        steps to advance the debate over such a court, 
        including--
                  (A) the provisional adoption of a draft Code 
                of Crimes Against the Peace and Security of 
                Mankind;
                  (B) the creation of a Working Group on an 
                International Criminal Jurisdiction and the 
                formulation by that Working Group of several 
                concrete proposals for the establishment and 
                operation of an international criminal court; 
                and
                  (C) the determination that an international 
                criminal court along the lines of that 
                suggested by the Working Group is feasible and 
                that the logical next step would be to proceed 
                with the formal drafting of a statute for such 
                a court.
          (8) United Nations General Assembly Resolution 47/33, 
        adopted on November 25, 1992, called on the 
        International Law Commission to begin the process of 
        drafting a statute for an international criminal court 
        at its next session.
          (9) Given the developments of recent years, the time 
        is propitious for the United States to lend its support 
        to this effort.
    (b) Sense of the Senate.--It is the sense of the Senate 
that--
          (1) the establishment of an international criminal 
        court with jurisdiction over crimes of an international 
        character would greatly strengthen the international 
        rule of law;
          (2) such a court would thereby serve the interests of 
        the United States and the world community; and
          (3) the United States delegation should make every 
        effort to advance this proposal at the United Nations.
    (c) Required Report.--Not later than 14 days after the date 
of enactment of this Act the President shall submit to the 
Committee on Foreign Relations of the Senate a detailed report 
on developments relating to, and United States efforts in 
support of, the establishment of an international criminal 
court with jurisdiction over crimes of an international 
character.

SEC. 518. INTERNATIONAL CRIMINAL COURT PARTICIPATION.

    The United States Senate will not consent to the 
ratification of a treaty providing for United States 
participation in an international criminal court with 
jurisdiction over crimes of an international nature which 
permits representatives of any terrorist organization, 
including but not limited to the Palestine Liberation 
Organization, or citizens, nationals or residents of any 
country listed by the Secretary of State under section 6(j) of 
the Export Administration Act of 1979 as having repeatedly 
provided support for acts of international terrorism, to sit in 
judgement \127\ on American citizens.
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    \127\ As enrolled. Should read ``judgment''.
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SEC. 519. PROTECTION OF FIRST AND FOURTH AMENDMENT RIGHTS.

    The United States Senate will not consent to the 
ratification of any Treaty providing for United States 
participation in an international criminal court with 
jurisdiction over crimes of an international character unless 
American citizens are guaranteed, in the terms establishing 
such a court, and in the court's operation, that the court will 
take no action infringing upon or diminishing their rights 
under the First and Fourth Amendments of the Constitution of 
the United States, as interpreted by the United States.

SEC. 520. POLICY ON TERMINATION OF UNITED STATES ARMS EMBARGO.

    (a) Findings.--The Congress makes the following findings:
          (1) On July 10, 1991, the United States adopted a 
        policy suspending all licenses and other approvals to 
        export or otherwise transfer defense articles and 
        defense services to Yugoslavia.
          (2) On September 25, 1991, the United Nations 
        Security Council adopted Resolution 713, which imposed 
        a mandatory international embargo on all deliveries of 
        weapons and military equipment to Yugoslavia.
          (3) The United States considered the policy adopted 
        July 10, 1991, to comply fully with Resolution 713 and 
        therefore took no additional action in response to that 
        resolution.
          (4) On January 8, 1992, the United Nations Security 
        Council adopted Resolution 727, which decided that the 
        mandatory arms embargo imposed by Resolution 713 should 
        apply to any independent states that might thereafter 
        emerge on the territory of Yugoslavia.
          (5) On February 29 and March 1, 1992, the people of 
        Bosnia and Herzegovina voted in a referendum to declare 
        independence from Yugoslavia.
          (6) On April 7, 1992, the United States recognized 
        the Government of Bosnia and Herzegovina.
          (7) On May 22, 1992, the Government of Bosnia and 
        Herzegovina was admitted to full membership in the 
        United Nations.
          (8) Consistent with Resolution 727, the United States 
        has continued to apply the policy adopted July 10, 
        1991, to independent states that have emerged on the 
        territory of the former Yugoslavia, including Bosnia 
        and Herzegovina.
          (9) Subsequent to the adoption of Resolution 727 and 
        Bosnia and Herzegovina's independence referendum, the 
        siege of Sarajevo began and fighting spread to other 
        areas of Bosnia and Herzegovina.
          (10) The Government of Serbia intervened directly in 
        the fighting by providing significant military, 
        financial, and political support and direction to 
        Serbian-allied irregular forces in Bosnia and 
        Herzegovina.
          (11) In statements dated May 1 and May 12, 1992, the 
        Conference on Security and Cooperation in Europe 
        declared that the Government of Serbia and the Serbian-
        controlled Yugoslav National Army were committing 
        aggression against the Government of Bosnia and 
        Herzegovina and assigned to them prime responsibility 
        for the escalation of bloodshed and destruction.
          (12) On May 30, 1992, the United Nations Security 
        Council adopted Resolution 757, which condemned the 
        Government of Serbia for its continued failure to 
        respect the territorial integrity of Bosnia and 
        Herzegovina.
          (13) Serbian-allied irregular forces have occupied 
        approximately 70 percent of the territory of Bosnia and 
        Herzegovina, committed gross violations of human rights 
        in the areas they have occupied, and established a 
        secessionist government committed to eventual 
        unification with Serbia.
          (14) The military and other support and direction 
        provided to Serbian-allied irregular forces in Bosnia 
        and Herzegovina constitutes an armed attack on the 
        Government of Bosnia and Herzegovina by the Government 
        of Serbia within the meaning of Article 51 of the 
        United Nations Charter.
          (15) Under Article 51, the Government of Bosnia and 
        Herzegovina, as a member of the United Nations, has an 
        inherent right of individual or collective self-defense 
        against the armed attack from the Government of Serbia 
        until the United Nations Security Council has taken 
        measures necessary to maintain international peace and 
        security.
          (16) The measures taken by the United Nations 
        Security Council in response to the armed attack on 
        Bosnia and Herzegovina have not been adequate to 
        maintain international peace and security.
          (17) Bosnia and Herzegovina have been unable 
        successfully to resist the armed attack from Serbia 
        because it lacks the means to counter heavy weaponry 
        that Serbia obtained from the Yugoslav National Army 
        upon the dissolution of Yugoslavia, and because the 
        mandatory international arms embargo has prevented 
        Bosnia and Herzegovina from obtaining from other 
        countries the means to counter such heavy weaponry.
          (18) On December 18, 1992, with the affirmative vote 
        of the United States, the United Nations General 
        Assembly adopted Resolution 47/121, which urged the 
        United Nations Security Council to exempt Bosnia and 
        Herzegovina from the mandatory arms embargo imposed by 
        Resolution 713.
          (19) In the absence of adequate measures to maintain 
        international peace and security, continued application 
        to the Government of Bosnia and Herzegovina of the 
        mandatory international arms embargo imposed by the 
        United Nations Security Council prior to the armed 
        attack on Bosnia and Herzegovina undermines that 
        government's right of individual or collective self-
        defense and therefore contravenes Article 51 of the 
        United Nations Charter.
          (20) Bosnia and Herzegovina's right of self-defense 
        under Article 51 of the United Nations Charter includes 
        the right to ask for military assistance from other 
        countries and to receive such assistance if offered.
    (b) Policy on Termination of Arms Embargo.--(1) It is the 
sense of the Congress that the President should terminate the 
United States arms embargo of the Government of Bosnia and 
Herzegovina upon receipt from that government of a request for 
assistance in exercising its right of self-defense under 
Article 51 of the United Nations Charter.
    (2) As used in this subsection, the term ``United States 
arms embargo of the Government of Bosnia and Herzegovina'' 
means the application to the Government of Bosnia and 
Herzegovina of--
          (A) the policy adopted July 10, 1991, and published 
        in the Federal Register of July 19, 1991 (58 Fed. Reg. 
        33322) under the heading ``Suspension of Munitions 
        Export Licenses to Yugoslavia''; and
          (B) any similar policy being applied by the United 
        States Government as of the date of receipt of the 
        request described in subsection (a) pursuant to which 
        approval is routinely denied for transfers of defense 
        articles and defense services to the former Yugoslavia.
    (c) Policy on Military Assistance.--The President should 
provide appropriate military assistance to the Government of 
Bosnia and Herzegovina upon receipt from that government of a 
request for assistance in exercising its right of self-defense 
under Article 51 of the United Nations Charter.

SEC. 521. SENSE OF SENATE ON RELATIONS WITH VIETNAM.

    It is the sense of the Senate that--
          (1) the Government of the United States is committed 
        to seeking the fullest possible accounting of American 
        servicemen unaccounted for during the war in Vietnam;
          (2) cooperation by the Government of Vietnam on 
        resolving the fate of those American servicemen 
        unaccounted for has increased significantly over the 
        last three years and is essential to the resolution of 
        outstanding POW/MIA cases;
          (3) substantial and tangible progress has been made 
        in the POW/MIA accounting process;
          (4) cooperative efforts between the United States and 
        Vietnam should continue in order to resolve all 
        outstanding questions concerning the fate of Americans 
        missing-in-action;
          (5) United States senior military commanders and 
        United States personnel working in the field to account 
        for United States POW/MIAs in Vietnam believe that 
        lifting the United States trade embargo against Vietnam 
        will facilitate and accelerate the accounting efforts;
          (6) therefore, in order to maintain and expand 
        further United States and Vietnamese efforts to obtain 
        the fullest possible accounting, the President should 
        lift the United States trade embargo against Vietnam 
        expeditiously; and
          (7) moveover,\128\ as the United States and Vietnam 
        move toward normalization of relations, the Government 
        of Vietnam should demonstrate further improvements in 
        meeting internationally recognized standards of human 
        rights.
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    \128\ As enrolled. Should read ``moreover''.
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SEC. 522. REPORT ON SANCTIONS ON VIETNAM.

    Not later than 30 days after the date of enactment of this 
Act, the President shall submit a report, taking into account 
information available to the United States Government, to the 
Senate and the House of Representatives on achieving the 
fullest possible accounting of United States personnel 
unaccounted for from the Vietnam War, including--
          (1) progress on recovering and repatriating American 
        remains from Vietnam;
          (2) progress on resolution of discrepancy cases;
          (3) the status of Vietnamese cooperation in 
        implementing trilateral investigations with Laos; and
          (4) progress on accelerated efforts to obtain all 
        POW/MIA related documents from Vietnam.

SEC. 523.\129\ REPORT ON PEOPLE'S MUJAHEDDIN OF IRAN.

    (a) Report.--Not later than 180 days after the date of 
enactment of this Act, the President shall submit to the 
Committee on Foreign Affairs \130\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate a report detailing the structure, current activities, 
external support, and history of the People's Mujaheddin of 
Iran. Such report shall include information on any current 
direct or indirect support by the People's Mujaheddin for acts 
of international terrorism.
---------------------------------------------------------------------------
    \129\ Functions vested in the President in sec. 523 were delegated 
to the Secretary of State (Presidential memorandum of July 26, 1994; 59 
F.R. 40205), and further delegated to the Under Secretary for Political 
Affairs (Department of State Public Notice 2086; sec. 1 of Delegation 
of Authority No. 214; 59 F.R. 50790).
    \130\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (b) Consultation.--In compiling the report required under 
subsection (a), the President shall consult with the Secretary 
of State, the Secretary of Defense, the Attorney General, the 
Secretary of Transportation, the intelligence community, and 
such law enforcement agencies as may be appropriate.
    (c) Classification.--The President should, to the maximum 
extent possible, submit the report required under subsection 
(a) in an unclassified form.

SEC. 524. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE ACT. * * *

SEC. 525. FREE TRADE IN IDEAS.

    (a) Sense of Congress.--It is the sense of the Congress 
that the President should not restrict travel or exchanges for 
informational, educational, religious, cultural, or 
humanitarian purposes or for public performances or 
exhibitions, between the United States and any other country.
    (b) \131\ * * *
---------------------------------------------------------------------------
    \131\ Subsec. (b) amended sec. 5(b)(4) of the Trading With the 
Enemy Act (50 U.S.C. App. 5(b)(4)).
---------------------------------------------------------------------------
    (2) \132\ The authorities conferred upon the President by 
section 5(b) of the Trading With the Enemy Act, which were 
being exercised with respect to a country on July 1, 1977, as a 
result of a national emergency declared by the President before 
such date, and are being exercised on the date of the enactment 
of this Act, do not include the authority to regulate or 
prohibit, directly or indirectly, any activity which, under 
section 5(b)(4) of the Trading With the Enemy Act, as amended 
by paragraph (1) of this subsection, may not be regulated or 
prohibited.
---------------------------------------------------------------------------
    \132\ 50 U.S.C. app. 5 note.
---------------------------------------------------------------------------
    (c) \133\ Amendments to International Emergency Economic 
Powers Act.--* * *
---------------------------------------------------------------------------
    \133\ Subsec. (c) amended sec. 203(b) of the International 
Emergency Economic Powers Act (50 U.S.C. 1702(b)).
---------------------------------------------------------------------------
          (2) \134\ The amendments made by paragraph (1) to 
        section 203(b)(3) of the International Emergency 
        Economic Powers Act apply to actions taken by the 
        President under section 203 of such Act before the date 
        of enactment of this Act which are in effect on such 
        date and to actions taken under such section on or 
        after such date.
---------------------------------------------------------------------------
    \134\ 50 U.S.C. 1702 note.
---------------------------------------------------------------------------
          (3) \134\ Section 203(b)(4) of the International 
        Emergency Economic Powers Act (as added by paragraph 
        (1)) shall not apply to restrictions on the 
        transactions and activities described in section 
        203(b)(4) in force on the date of enactment of this 
        Act, with respect to countries embargoed under the 
        International Emergency Economic Powers Act on the date 
        of enactment of this Act.

SEC. 526. EMBARGO AGAINST CUBA.

    It is the sense of the Congress that the President should 
advocate and seek a mandatory international United Nations 
Security Council embargo against the dictatorship of Cuba.

SEC. 527.\135\ EXPROPRIATION OF UNITED STATES PROPERTY.

    (a) Prohibition.--None of the funds made available to carry 
out this Act, the Foreign Assistance Act of 1961, or the Arms 
Export Control Act may be provided to a government or any 
agency or instrumentality thereof, if the government of such 
country (other than a country described if subsection (d))--
---------------------------------------------------------------------------
    \135\ 22 U.S.C. 2370a.
---------------------------------------------------------------------------
          (1) has on or after January 1, 1956--
                  (A) nationalized or expropriated the property 
                of any United States person,
                  (B) repudiated or nullified any contract with 
                any United States person, or
                  (C) taken any other action (such as the 
                imposition of discriminatory taxes or other 
                exactions) which has the effect of seizing 
                ownership or control of the property of any 
                United States person, and
          (2) has not, within the period specified in 
        subsection (c), either--
                  (A) returned the property,
                  (B) provided adequate and effective 
                compensation for such property in convertible 
                foreign exchange or other mutually acceptable 
                compensation equivalent to the full value 
                thereof, as required by international law,
                  (C) offered a domestic procedure providing 
                prompt, adequate and effective compensation in 
                accordance with international law, or
                  (D) submitted the dispute to arbitration 
                under the rules of the Convention for the 
                Settlement of Investment Disputes or other 
                mutually agreeable binding international 
                arbitration procedure.
    (b) \136\ Other Actions.--The President shall instruct the 
United States Executive Directors of each multilateral 
development bank and international financial institution to 
vote against any loan or other utilization of the funds of such 
bank or institution for the benefit of any country to which 
assistance is prohibited under subsection (a), unless such 
assistance is directed specifically to programs which serve the 
basic human needs of the citizens of that country.
---------------------------------------------------------------------------
    \136\ In a memorandum of January 4, 1995, for the Secretary of the 
Treasury, the President delegated to the Secretary of the Treasury the 
functions under sec. 527(b) (60 F.R. 3335).
---------------------------------------------------------------------------
    (c) Period for Settlement of Claims.--The period of time 
described in subsection (a)(2) is the latest of the following--
          (1) 3 years after the date on which a claim was 
        filed,
          (2) in the case of a country that has a totalitarian 
        or authoritarian government at the time of the action 
        described in subsection (a)(1), 3 years after the date 
        of installation of a democratically elected government, 
        or
          (3) 90 days after the date of enactment of this Act.
    (d) Excepted Countries and Territories.--This section shall 
not apply to any country established by international mandate 
through the United Nations or to any territory recognized by 
the United States Government to be in dispute.
    (e) \137\ Resumption of Assistance.--A prohibition or 
termination of assistance under subsection (a) and an 
instruction to vote against loans under subsection (b) shall 
cease to be effective when the President certifies in writing 
to the Speaker of the House of Representatives and to the 
Committee on Foreign Relations of the Senate that such 
government has taken one of the steps described in subsection 
(a)(2).
---------------------------------------------------------------------------
    \137\ Functions vested in the President in sec. 527(e) were 
delegated to the Secretary of State, in consultation with the Secretary 
of the Treasury and the heads of other departments and agencies, as 
appropriate (Presidential memorandum of July 26, 1994; 59 F.R. 40205), 
and further delegated to the Under Secretary for Economic, Business and 
Agricultural Affairs (Department of State Public Notice 2086; sec. 3 of 
Delegation of Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------
    (f) \138\ Reporting Requirement.--Not later than 90 days 
after the date of enactment of this Act and at the beginning of 
each fiscal year thereafter, the Secretary of State shall 
transmit to the Speaker of the House of Representatives and the 
Committee on Foreign Relations of the Senate, a report 
containing the following:
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    \138\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for Economic, Business and 
Agricultural Affairs (Department of State Public Notice 2086; sec. 3 of 
Delegation of Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------
          (1) A list of every country in which the United 
        States Government is aware that a United States person 
        has an outstanding expropriation claim.
          (2) The total number of such outstanding 
        expropriation claims made by United States persons 
        against each such country.
          (3) The period of time in which each such claim has 
        been outstanding.
          (4) The status of each case and efforts made by the 
        United States Government and the government of the 
        country in which such claim has been made, to take one 
        or more of the steps described in subsection (a)(2).
          (5) Each project a United States Executive Director 
        voted against as a result of the action described in 
        subsection (b).
    (g) \139\ Waiver.--The President may waive the prohibitions 
in subsections (a) and (b) for a country, on an annual basis, 
if the President determines and so notifies Congress that it is 
in the national interest to do so.
---------------------------------------------------------------------------
    \139\ Functions vested in the President in sec. 527(g) were 
delegated to the Secretary of State, in consultation with the Secretary 
of the Treasury and the heads of other departments and agencies, as 
appropriate (Presidential memorandum of July 26, 1994; 59 F.R. 40205).
---------------------------------------------------------------------------
    (h) Definitions.--For the purpose of this section, the term 
``United States person'' means a United States citizen or 
corporation, partnership, or association at least 50 percent 
beneficially owned by United States citizens.

SEC. 528.\140\ REPORT ON RUSSIAN MILITARY OPERATIONS IN THE INDEPENDENT 
                    STATES OF THE FORMER SOVIET UNION.

    (a) In General.--Not later than 5 months after the date of 
enactment of this Act, the President shall submit to Congress a 
report on the operations and activities of the armed forces of 
the Russian Federation, including elements purportedly 
operating outside the chain of command of the armed forces of 
the Russian Federation, outside the borders of the Russian 
Federation and, specifically, in the other independent states 
that were a part of the former Soviet Union and in the Baltic 
States.
---------------------------------------------------------------------------
    \140\ Functions vested in the President in sec. 528 were delegated 
to the Secretary of State (Presidential memorandum of July 26, 1994; 59 
F.R. 40205), and further delegated to the Under Secretary for Political 
Affairs (Department of State Public Notice 2086; sec. 1 of Delegation 
of Authority No. 214; 59 F.R. 50790). Sec. 16 of the same delegation of 
authority, however, reserves authorities in this section for the 
Secretary of State.
---------------------------------------------------------------------------
    (b) Content of Report.--The report required by subsection 
(a) shall include, but not be limited to--
          (1) an assessment of the numbers and types of Russian 
        armed forces deployed in each of the other independent 
        states of the former Soviet Union and in the Baltic 
        States and a summary of their operations and activities 
        since the demise of the Soviet Union in December 1991;
          (2) a detailed assessment of the involvement of 
        Russian armed forces in conflicts in or involving 
        Armenia, Azerbaijan, Georgia, Moldova, and Tajikistan, 
        including support provided directly or indirectly to 
        one or more parties to these conflicts;
          (3) an assessment of the political and military 
        objectives of the operations and activities discussed 
        in paragraphs (1) and (2) and of the strategic 
        objectives of the Russian Federation in its relations 
        with the other independent states of the former Soviet 
        Union and the Baltic States;
          (4) an assessment of other significant actions, 
        including political and economic, taken by the Russian 
        Federation to influence the other independent states of 
        the former Soviet Union and the Baltic States in 
        pursuit of its strategic objectives; and
          (5) an analysis of the new Russian military doctrine 
        adopted by President Yeltsin on November 2, 1993, with 
        particular regard to its implications for Russian 
        policy toward the other independent states of the 
        former Soviet Union and the Baltic States.
    (c) Definitions.--For the purposes of this section--
          (1) ``the other independent states of the former 
        Soviet Union'' means Armenia, Azerbaijan, Belarus, 
        Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, 
        Turkmenistan, Ukraine, and Uzbekistan; and
          (2) ``the Baltic States'' means Latvia, Lithuania, 
        and Estonia.

SEC. 529. UNITED STATES POLICY ON NORTH KOREA.

    It is the sense of the Congress that:
          (1) It is in the United States national security 
        interest to curtail the proliferation of weapons of 
        mass destruction, particularly nuclear weapons.
          (2) The North Korea nuclear weapons program is one of 
        the most pressing national security challenges the 
        United States currently faces.
          (3) North Korea's development of other weapons of 
        mass destruction and of ballistic missiles further 
        threatens United States national security interests and 
        regional security.
          (4) United States policy should ensure that North 
        Korea does not possess a nuclear bomb or the capability 
        to build one.
          (5) United States forces in Korea must remain 
        vigilant and maintain a robust defense posture.
          (6) While diplomacy is the preferable method of 
        dealing with the North Korean nuclear challenge, all 
        options, including the appropriate use of force, remain 
        available.
          (7) In fashioning an appropriate policy for dealing 
        with the challenge presented by North Korea's nuclear 
        program, the Administration should consult closely with 
        United States treaty allies, particularly Japan and the 
        Republic of Korea, as well as with China, Russia, and 
        other members of the United Nations Security Council.
          (8) United States policy should support the efforts 
        of the International Atomic Energy Agency (IAEA), as 
        the international community's designated body for 
        verifying compliance with the Treaty on the 
        Nonproliferation of Nuclear Weapons,\141\ to perform 
        inspections of North Korea's nuclear program.
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    \141\ Sec. 1(dd) of Public Law 103-415 (108 Stat. 4302) struck out 
``Nuclear Nonproliferation Treaty'' at each point it appeared in sec. 
529, and inserted in lieu thereof ``Treaty on the Nonproliferation of 
Nuclear Weapons''.
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          (9) The United States should encourage strong and 
        expeditious action by the United Nations Security 
        Council inasmuch as North Korea has proved unwilling to 
        comply fully with the following:
                  (A) North Korea's December 1991 
                denuclearization agreement with South Korea 
                pledging not to possess, manufacture, or use 
                nuclear weapons, not to possess plutonium 
                reprocessing facilities, and to negotiate the 
                establishment of a nuclear inspection system.
                  (B) The nuclear safeguards agreement North 
                Korea signed with the IAEA on January 30, 1992.
                  (C) The agreement on IAEA inspections North 
                Korea accepted on February 15, 1994.
          (10) Unless North Korea unequivocally adheres to the 
        Treaty on the Nonproliferation of Nuclear Weapons \141\ 
        and abides by all provisions of that treaty, the 
        President should seek international consensus to 
        isolate North Korea, including the imposition of 
        sanctions, in an effort to persuade Pyongyang to halt 
        its nuclear weapons program and permit IAEA inspections 
        of all its nuclear facilities.
          (11) Recognizing that within the international 
        community China has significant influence over 
        Pyongyang, the nature and extent of Chinese cooperation 
        with the rest of the international community on the 
        North Korean nuclear issue, including Chinese support 
        for international sanctions should such sanctions be 
        proposed and/or adopted, will inevitably be a 
        significant factor in United States-China relations.
          (12) If unable to achieve an international consensus 
        to isolate North Korea, the President should employ all 
        unilateral means of leverage over North Korea, 
        including, but not limited to, the prohibition of any 
        transaction involving the commercial sale of any good 
        or technology to North Korea.
          (13) The President should consult with United States 
        allies in the region regarding the military posture of 
        North Korea and the ability of the United States and 
        its allies to deter a North Korean attack, or to defeat 
        such an attack should it occur.
          (14) Toward these ends, the United States and South 
        Korea should take all steps necessary to ensure that 
        United States and South Korean forces stationed on the 
        Korean peninsula can defend themselves, including the 
        holding of Team Spirit or other joint military 
        exercises, the deployment of Patriot missiles to South 
        Korea, and other appropriate measures.
          (15) The problem posed by North Korea's nuclear 
        program is not a bilateral problem between the United 
        States and North Korea, but a problem in which 
        virtually the entire global community is united against 
        North Korea.
          (16) The international community must insist upon 
        full compliance by North Korea with all its 
        nonproliferation commitments including acceptance of 
        regular and ad hoc inspections of its declared nuclear 
        facilities on a continuing basis, as well as special 
        inspections of all suspected nuclear sites as the IAEA 
        deems appropriate.
          (17) International concerns about North Korea's 
        nuclear intentions and capabilities will not be 
        adequately addressed until North Korea cooperates fully 
        with the IAEA, all North Korea nuclear facilities and 
        materials are placed under fullscope safeguards, and 
        North Korea adheres unequivocally to the Treaty on the 
        Nonproliferation of Nuclear Weapons \141\ as well as to 
        its 1991 denuclearization agreement with South Korea.
          (18) The Administration should work to encourage a 
        productive dialogue between North and South Korea that 
        adequately addresses all security concerns on the 
        Korean peninsula.

SEC. 530.\142\ ENFORCEMENT OF NONPROLIFERATION TREATIES.

    (a) Policy.--It is the sense of the Congress that the 
President should instruct the United States Permanent 
Representative to the United Nations to enhance the role of 
that institution in the enforcement of nonproliferation 
treaties through the passage of a United Nations Security 
Council resolution which would state that, any non-nuclear 
weapon state that is found by the United Nations Security 
Council, in consultation with the International Atomic Energy 
Agency (IAEA), to have terminated, abrogated, or materially 
violated an IAEA full-scope safeguards agreement would be 
subjected to international economic sanctions, the scope of 
which to be determined by the United Nations Security Council.
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    \142\ 22 U.S.C. 2429a-2.
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    (b) Prohibition.--Notwithstanding any other provision of 
law, no United States assistance under the Foreign Assistance 
Act of 1961 shall be provided to any non-nuclear weapon state 
that is found by the President to have terminated, abrogated, 
or materially violated an IAEA full-scope safeguard agreement 
or materially violated a bilateral United States nuclear 
cooperation agreement entered into after the date of enactment 
of the Nuclear Non-Proliferation Act of 1978.
    (c) Waiver.--The President may waive the application of 
subsection (b) if--
          (1) the President determines that the termination of 
        such assistance would be seriously prejudicial to the 
        achievement of United States nonproliferation 
        objectives or otherwise jeopardize the common defense 
        and security; and
          (2) the President reports such determination to the 
        Congress at least 15 days in advance of any resumption 
        of assistance to that state.

SEC. 531. TAIWAN.

    In view of the self-defense needs of Taiwan, the Congress 
makes the following declarations:
          (1) Sections 2 and 3 of the Taiwan Relations Act are 
        reaffirmed.
          (2) Section 3 of the Taiwan Relations Act take 
        primacy over statements of United States policy, 
        including communiques, regulations, directives, and 
        policies based thereon.
          (3) In assessing the extent to which the People's 
        Republic of China is pursuing its ``fundamental 
        policy'' to strive peacefully to resolve the Taiwan 
        issue, the United States should take into account both 
        the capabilities and intentions of the People's 
        Republic of China.
          (4) The President should on a regular basis assess 
        changes in the capabilities and intentions of the 
        People's Republic of China and consider whether it is 
        appropriate to adjust arms sales to Taiwan accordingly.

SEC. 532. WAIVER OF SANCTIONS WITH RESPECT TO THE FEDERAL REPUBLIC OF 
                    YUGOSLAVIA TO PROMOTE DEMOCRACY ABROAD.

    (a) \143\ Authority.--Notwithstanding any other provision 
of law, the President is authorized and encouraged to exempt 
from sanctions imposed against the Federal Republic of 
Yugoslavia those United States-supported programs, projects, or 
activities involving reform of the electoral process, or the 
development of democratic institutions or democratic political 
parties.
---------------------------------------------------------------------------
    \143\ Functions vested in the President in sec. 532(a) were 
delegated to the Secretary of State (Presidential memorandum of July 
26, 1994; 59 F.R. 40205).
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    (b) Policy.--The President, acting through the United 
States Permanent Representative to the United Nations, should 
propose that any action, past or future, by the Security 
Council pursuant to Article 41 of the United Nations Charter, 
with respect to the Federal Republic of Yugoslavia, should take 
account of the exemption described in subsection (a).

SEC. 533.\144\ FREEDOM OF INFORMATION EXEMPTION FOR CERTAIN OPEN SKIES 
                    TREATY DATA.

    (a) In General.--Data with respect to a foreign country 
collected by sensors during observation flights conducted in 
connection with the Treaty on Open Skies, including flights 
conducted prior to entry into force of the treaty, shall be 
exempt from disclosure under the Freedom of Information Act--
---------------------------------------------------------------------------
    \144\ 5 U.S.C. 552 note.
---------------------------------------------------------------------------
          (1) if the country has not disclosed the data to the 
        public; and
          (2) if the country has not, acting through the Open 
        Skies Consultative Commission or any other diplomatic 
        channel, authorized the United States to disclose the 
        data to the public.
    (b) Statutory Construction.--This section constitutes a 
specific exemption within the meaning of section 552(b)(3) of 
title 5, United States Code.
    (c) Definitions.--For the purposes of this section--
          (1) the term ``Freedom of Information Act'' means the 
        provisions of section 552 of title 5, United States 
        Code;
          (2) the term ``Open Skies Consultative Commission'' 
        means the commission established pursuant to Article X 
        of the Treaty on Open Skies; and
          (3) the term ``Treaty on Open Skies'' means the 
        Treaty on Open Skies, signed at Helsinki on March 24, 
        1992.

SEC. 534. STUDY OF DEMOCRACY EFFECTIVENESS.

    (a) Report.--Not later than 180 days after the date of 
enactment of this Act, the President shall submit a report to 
the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \145\ of the House of 
Representatives on a streamlined, cost-effective organization 
of United States democracy assistance. The report shall include 
a review of all activities funded by the United States 
Government, including those funded through the National 
Endowment for Democracy, the United States Information Agency, 
and the Agency for International Development.
---------------------------------------------------------------------------
    \145\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (b) Content of Report.--The report shall include the 
following:
          (1) A review of all United States-sponsored programs 
        to promote democracy, including identification and 
        discussion of those programs that are overlapping.
          (2) A clear statement of achievable goals and 
        objectives for all United States-sponsored democracy 
        programs, and an evaluation of the manner in which 
        current democracy activities meet these goals and 
        objectives.
          (3) A review of the current United States Government 
        organization for the delivery of democracy assistance 
        and recommended changes to reduce costs and streamline 
        overhead involved in the delivery of democracy 
        assistance.
          (4) Recommendations for coordinating programs, 
        policies, and priorities to enhance the United States 
        Government's role in democracy promotion.
          (5) A review of all agencies involved in delivering 
        United States Government funds in the form of democracy 
        assistance and a recommended focal point or lead agency 
        within the United States Government for policy 
        oversight of the effort.
          (6) A review of the feasibility and desirability of 
        mandating non-United States Government funding, 
        including matching funds and in-kind support, for 
        democracy promotion programs. If it is determined that 
        such non-Government funding is feasible and desirable, 
        recommendations should be made regarding goals and 
        procedures for implementation.

SEC. 535. SENSE OF CONGRESS CONCERNING UNITED STATES CITIZENS 
                    VICTIMIZED BY GERMANY DURING WORLD WAR II.

    It is the sense of the Congress that United States citizens 
who were victims of war crimes and crimes against humanity 
committed by the Government of Germany during the period 1939 
to 1945 should be compensated by the Government of Germany.

SEC. 536.\146\ REPORTING REQUIREMENTS ON OCCUPIED TIBET.

    (a) Report on United States-Tibet Relations.--Because 
Congress has determined that Tibet is an occupied sovereign 
country under international law and that its true 
representatives are the Dalai Lama and the Tibetan Government 
in exile--
---------------------------------------------------------------------------
    \146\ 22 U.S.C. 2656 note. The Secretary of State delegated 
functions authorized under this section to the Under Secretary for 
Political Affairs (Department of State Public Notice 2086; sec. 1 of 
Delegation of Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------
          (1) it is the sense of the Congress that the United 
        States should seek to establish a dialogue with those 
        recognized by Congress as the true representatives of 
        the Tibetan people, the Dalai Lama, his representatives 
        and the Tibetan Government in exile, concerning the 
        situation in Tibet and the future of the Tibetan people 
        and to expand and strengthen United States-Tibet 
        cultural and educational relations, including promoting 
        bilateral exchanges arranged directly with the Tibetan 
        Government in exile; and
          (2) not later than 6 months after the date of 
        enactment of this Act, and every 12 months thereafter, 
        the Secretary of State shall transmit to the Chairman 
        of the Committee on Foreign Relations and the Speaker 
        of the House of Representatives a report on the state 
        of relations between the United States and those 
        recognized by Congress as the true representatives of 
        the Tibetan people, the Dalai Lama, his representatives 
        and the Tibetan Government in exile, and on conditions 
        in Tibet.
    (b) Separate Tibet Reports.--
          (1) It is the sense of the Congress that whenever a 
        report is transmitted to the Congress on a country-by-
        country basis there should be included in such report, 
        where applicable, a separate report on Tibet listed 
        alphabetically with its own state heading.
          (2) The reports referred to in paragraph (1) include, 
        but are not limited to, reports transmitted under 
        sections 116(d) and 502B(b) of the Foreign Assistance 
        Act of 1961 (relating to human rights).

                       PART B--SPOILS OF WAR ACT

SEC. 551.\147\ SHORT TITLE.

    This part may be cited as the ``Spoils of War Act of 
1994''.
---------------------------------------------------------------------------
    \147\ 50 U.S.C. 2201 note.
---------------------------------------------------------------------------

SEC. 552.\148\ TRANSFERS OF SPOILS OF WAR.

    (a) Eligibility for Transfer.--Spoils of war in the 
possession, custody, or control of the United States may be 
transferred to any other party, including any government, 
group, or person, by sale, grant, loan or in any other manner, 
only to the extent and in the same manner that property of the 
same type, if otherwise owned by the United States, may be so 
transferred.
---------------------------------------------------------------------------
    \148\ 50 U.S.C. 2201.
---------------------------------------------------------------------------
    (b) Terms and Conditions.--Any transfer pursuant to 
subsection (a) shall be subject to all of the terms, 
conditions, and requirements applicable to the transfer of 
property of the same type otherwise owned by the United States.

SEC. 553.\149\ PROHIBITION ON TRANSFERS TO COUNTRIES WHICH SUPPORT 
                    TERRORISM.

    Spoils of war in the possession, custody, or control of the 
United States may not be transferred to any country determined 
by the Secretary of State, for purposes of section 40 of the 
Arms Export Control Act, to be a nation whose government has 
repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \149\ 50 U.S.C. 2202.
---------------------------------------------------------------------------

SEC. 554.\150\ REPORT ON PREVIOUS TRANSFERS.

    Not later than 90 days after the date of enactment of this 
Act, the President shall submit to the appropriate 
congressional committees a report describing any spoils of war 
obtained subsequent to August 2, 1990 that were transferred to 
any party, including any government, group, or person, before 
the date of enactment of this Act. Such report shall be 
submitted in unclassified form to the extent possible.
---------------------------------------------------------------------------
    \150\ 50 U.S.C. 2203.
---------------------------------------------------------------------------

SEC. 555.\151\ DEFINITIONS.

    As used in this part--
---------------------------------------------------------------------------
    \151\ 50 U.S.C. 2204.
---------------------------------------------------------------------------
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations of the Senate 
        and the Committee on Foreign Affairs \145\ of the House 
        of Representatives, or, where required by law for 
        certain reporting purposes, the Select Committee on 
        Intelligence of the Senate and the Select Committee on 
        Intelligence of the House of Representatives;
          (2) the term ``enemy'' means any country, government, 
        group, or person that has been engaged in hostilities, 
        whether or not lawfully authorized, with the United 
        States;
          (3) the term ``person'' means--
                  (A) any natural person;
                  (B) any corporation, partnership, or other 
                legal entity; and
                  (C) any organization, association, or group; 
                and
          (4) the term ``spoils of war'' means enemy movable 
        property lawfully captured, seized, confiscated, or 
        found which has become United States property in 
        accordance with the laws of war.

SEC. 556.\152\ CONSTRUCTION.

    Nothing in this part shall apply to--
---------------------------------------------------------------------------
    \152\ 50 U.S.C. 2205.
---------------------------------------------------------------------------
          (1) the abandonment or failure to take possession of 
        spoils of war by troops in the field for valid military 
        reasons related to the conduct of the immediate 
        conflict, including the burden of transporting such 
        property or a decision to allow allied forces to take 
        immediate possession of certain property solely for use 
        during an ongoing conflict;
          (2) the abandonment or return of any property 
        obtained, borrowed, or requisitioned for temporary use 
        during military operations without intent to retain 
        possession of such property;
          (3) the destruction of spoils of war by troops in the 
        field;
          (4) the return of spoils of war to previous owners 
        from whom such property had been seized by enemy 
        forces; or
          (5) minor articles of personal property which have 
        lawfully become the property of individual members of 
        the armed forces as war trophies pursuant to public 
        written authorization from the Department of Defense.

                PART C--ANTI-ECONOMIC DISCRIMINATION ACT

SEC. 561.\153\ SHORT TITLE.

    This part may be cited as the ``Anti-Economic 
Discrimination Act of 1994''.
---------------------------------------------------------------------------
    \153\ 22 U.S.C. 2679c note.
---------------------------------------------------------------------------

SEC. 562. ISRAEL'S DIPLOMATIC STATUS.

    It is the sense of the Congress that the Secretary of State 
should make the issue of Israel's diplomatic status a priority 
and urge countries that receive United States assistance to 
immediately establish full diplomatic relations with the state 
of Israel.

SEC. 563. POLICY ON MIDDLE EAST ARMS SALES.

    (a) \154\ * * *
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    \154\ Subsec. (a) amended sec. 322 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138).
---------------------------------------------------------------------------
    (b) \155\ Report to Congress.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of 
State shall submit to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate a report concerning steps taken to 
ensure that the goals of section 322 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 are being met.
---------------------------------------------------------------------------
    \155\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for International Security 
Affairs (Department of State Public Notice 2086; sec. 2 of Delegation 
of Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------

SEC. 564.\156\ PROHIBITION ON CERTAIN SALES AND LEASES.
    (a) Prohibition.--No defense article or defense service may 
be sold or leased by the United States Government to any 
country or international organization that, as a matter of 
policy or practice, is known to have sent letters to United 
States firms requesting compliance with, or soliciting 
information regarding compliance with, the Arab League 
secondary or tertiary \157\ boycott of Israel, unless the 
President determines, and so certifies to the appropriate 
congressional committees, that that country or organization 
does not currently maintain a policy or practice of making such 
requests or solicitations.
---------------------------------------------------------------------------
    \156\ 22 U.S.C. 2751 note.
    On April 30, 1996, the President issued the following determination 
(Presidential Determination No. 96-23; 61 F.R. 26029):
    ``Pursuant to the authority vested in me by Section 564 of the 
Foreign Relations Authorization Act (``the Act''), Fiscal Years 1994 
and 1995, Public Law 103-236, as amended, I hereby:
---------------------------------------------------------------------------

          ``(1) determine and certify that the following countries do 
        not currently maintain a policy or practice of sending letters 
        to United States firms requesting compliance with, or 
        soliciting information regarding compliance with, the Arab 
        League secondary or tertiary boycott of Israel:

                  ``Jordan and Mauritania;

          ``(2) determine that extension of suspension of the 
        application of Section 564(a) of the Act to the following 
        countries until May 1, 1997, will promote the objectives of 
        Section 564:

                  ``Algeria, Bahrain, Bangladesh, Kuwait, Lebanon, 
                Oman, Qatar, Saudi Arabia, and the United Arab 
                Emirates.''.
---------------------------------------------------------------------------
    Earlier Presidential Determination No. 95-20, May 1, 1995, may be 
found at 60 F.R. 22245.
    In a memorandum of April 24, 1997 (62 F.R. 24797), the President 
delegated to the Secretary of State the functions in sec. 564.
    See also 48 CFR 625.70.
    \157\ Sec. 1(l) of Public Law 103-415 (108 Stat. 4301) struck out 
``primary or secondary'' and inserted in lieu thereof ``secondary or 
tertiary''.
---------------------------------------------------------------------------
    (b) Waiver.--
          (1) 1-year waiver.--On or after the effective date of 
        this section, the President may waive, for a period of 
        1 year, the application of subsection (a) with respect 
        to any country or organization if the President 
        determines, and reports to the appropriate 
        congressional committees, that--
                  (A) such waiver is in the national interest 
                of the United States, and such waiver will 
                promote the objectives of this section to 
                eliminate the Arab boycott; or
                  (B) such waiver is in the national security 
                interest of the United States.
          (2) Extension of waiver.--If the President determines 
        that the further extension of a waiver will promote the 
        objectives of this section, the President, upon 
        notification of the appropriate congressional 
        committees, may grant further extensions of such waiver 
        for successive 12-month periods.
          (3) Termination of waiver.--The President may, at any 
        time, terminate any waiver granted under this 
        subsection.
    (c) Definitions.--As used in this section--
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations of the Senate 
        and the Committee on Foreign Affairs \145\ of the House 
        of Representatives; and
          (2) the terms ``defense article'' and ``defense 
        service'' have the meanings given to such terms by 
        paragraphs (3) and (4), respectively, of section 47 of 
        the Arms Export Control Act.
    (d) Effective Date.--This section shall take effect 1 year 
after the date of enactment of this Act.

SEC. 565.\158\ PROHIBITION ON DISCRIMINATORY CONTRACTS.

    (a) Prohibition.--
          (1) Except for real estate leases and as provided in 
        subsection (b), the Department of State may not enter 
        into any contract that expends funds appropriated to 
        the Department of State for an amount in excess of the 
        small purchase threshold (as defined in section 4(11) 
        of the Office of Federal Procurement Policy Act (41 
        U.S.C. 403(11))--
---------------------------------------------------------------------------
    \158\ 22 U.S.C. 2679c.
---------------------------------------------------------------------------
                  (A) with a foreign person that complies with 
                the Arab League boycott of Israel, or
                  (B) with any foreign or United States person 
                that discriminates in the award of subcontracts 
                on the basis of religion.
          (2) For purposes of this section--
                  (A) a foreign person complies with the 
                boycott of Israel by Arab League countries when 
                that foreign person takes or knowingly agrees 
                to take any action, with respect to the boycott 
                of Israel by Arab League countries, which 
                section 8(a) of the Export Administration Act 
                of 1979 (50 U.S.C. App. 2407(a)) prohibits a 
                United States person from taking, except that 
                for purposes of this paragraph, the term 
                ``United States person'' as used in 
                subparagraphs (B) and (C) of section 8(a)(1) of 
                such Act shall be deemed to mean ``person''; 
                and
                  (B) the term ``foreign person'' means any 
                person other than a United States person as 
                defined in section 16(2) of the Export 
                Administration Act of 1979 (50 U.S.C. App. 
                2415).
          (3) For purposes of paragraph (1), a foreign person 
        shall be deemed not to comply with the boycott of 
        Israel by Arab League countries if that person, or the 
        Secretary of State or his designee on the basis of 
        available information, certifies that the person 
        violates or otherwise does not comply with the boycott 
        of Israel by Arab League countries by taking any 
        actions prohibited by section 8(a) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2407(a)). 
        Certification by the Secretary of State or his designee 
        may occur only 30 days after notice has been given to 
        the Congress that this certification procedure will be 
        utilized at a specific overseas mission.
    (b) \159\ Waiver by Secretary of State.--The Secretary of 
State may waive the requirements of this section on a country-
by-country basis for a period not to exceed one year upon 
certification to the Congress by the Secretary that such waiver 
is in the national interest and is necessary to carry on 
diplomatic functions of the United States. Each such 
certification shall include a detailed justification for the 
waiver with respect to each such country.
---------------------------------------------------------------------------
    \159\ The Secretary of State delegated functions authorized under 
subsection (b) and (c) to the Under Secretary for Management 
(Department of State Public Notice 2086; sec. 4 of Delegation of 
Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority 
No. 198, September 16, 1992).
---------------------------------------------------------------------------
    (c) \159\ Responses to Contract Solicitations.--(1) Except 
as provided in paragraph (2) of this subsection, the Secretary 
of State shall ensure that any response to a solicitation for a 
bid or a request for a proposal, with respect to a contract 
covered by subsection (a), includes the following clause, in 
substantially the following form:

                    ``arab league boycott of israel

    ``(a) Definitions.--As used in this clause--
          ``(1) the term `foreign person' means any person 
        other than a United States person as defined in 
        paragraph (2); and
          ``(2) the term `United States person' means any 
        United States resident or national (other than an 
        individual resident outside the United States and 
        employed by other than a United States person), any 
        domestic concern (including any permanent domestic 
        establishment of any foreign concern), and any foreign 
        subsidiary or affiliate (including any permanent 
        foreign establishment) of any domestic concern which is 
        controlled in fact by such domestic concern, as 
        determined under regulations of the President.
    ``(b) Certification.--By submitting this offer, the Offeror 
certifies that it is not--
          ``(1) taking or knowingly agreeing to take any 
        action, with respect to the boycott of Israel by Arab 
        League countries, which section 8(a) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2407(a)) 
        prohibits a United States person from taking; or
          ``(2) discriminating in the award of subcontracts on 
        the basis of religion.''.
    (2) An Offeror would not be required to include the 
certification required by paragraph (1), if the Offeror is 
deemed not to comply with the Arab League boycott of Israel by 
the Secretary of State or a designee on the basis of available 
information. Certification by the Secretary of State or a 
designee may occur only 30 days after notice has been given to 
the Congress that this certification procedure will be utilized 
at a specific overseas mission.
    (3) The Secretary of State shall ensure that all State 
Department contract solicitations include a detailed 
explanation of the requirements of section 8(a) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2407(a)).
    (d) Review and Termination.--(1) The Department of State 
shall conduct reviews of the certifications submitted pursuant 
to this section for the purpose of assessing the accuracy of 
the certifications.
    (2) Upon complaint of any foreign or United States person 
of a violation of the certification as required by this 
section, filed with the Secretary of State, the Department of 
State shall investigate such complaint, and if such complaint 
is found to be correct and a violation of the certification has 
been found, all contracts with such violator shall be 
terminated for default as soon as practicable, and, for a 
period of two years thereafter, the State Department shall not 
enter into any contracts with such a violator.
    (e) \160\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \160\ Sec. 1336(3) of the Foreign Affairs Reform and Restructuring 
Act of 1998 (division G of Public Law 105-277; 112 Stat. 2681-790) 
repealed subsec. (e), which had read as follows:
    ``(e) United States Information Agency.--The provisions of this 
section shall apply to the United States Information Agency in the same 
manner and extent to which such provisions apply to the Department of 
State. In the application of this section to the United States 
Information Agency, the Director of the United States Information 
Agency or a designee shall have the authorities and responsibilities of 
the Secretary of State.''.
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               PART D--THE CAMBODIAN GENOCIDE JUSTICE ACT

SEC. 571.\161\ SHORT TITLE.

    This part may be cited as the ``Cambodian Genocide Justice 
Act''.
---------------------------------------------------------------------------
    \161\ 22 U.S.C. 2656 note.
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SEC. 572.\161\ POLICY.

    (a) In General.--Consistent with international law, it is 
the policy of the United States to support efforts to bring to 
justice members of the Khmer Rouge for their crimes against 
humanity committed in Cambodia between April 17, 1975, and 
January 7, 1979.
    (b) Specific Actions Urged.--To that end, the Congress 
urges the President--
          (1) to collect, or assist appropriate organizations 
        and individuals to collect relevant data on crimes of 
        genocide committed in Cambodia;
          (2) in circumstances which the President deems 
        appropriate, to encourage the establishment of a 
        national or international criminal tribunal for the 
        prosecution of those accused of genocide in Cambodia; 
        and
          (3) as necessary, to provide such national or 
        international tribunal with information collected 
        pursuant to paragraph (1).

SEC. 573.\161\ ESTABLISHMENT OF STATE DEPARTMENT OFFICE.

    (a) Establishment.--(1) None of the funds authorized to be 
appropriated by this Act for ``Diplomatic and Consular 
Programs'' shall be available for obligation or expenditure 
during fiscal years 1994 and 1995 unless, not later than 90 
days after the date of enactment of this Act, the Secretary of 
State has established within the Department of State under the 
Assistant Secretary for East Asia and Pacific Affairs (or any 
successor Assistant Secretary) the Office of Cambodian Genocide 
Investigation (hereafter in this part referred to as the 
``Office'').
    (2) The Office may carry out its activities inside or 
outside of Cambodia, except that not less than 75 percent of 
the funds made available for the Office and its activities 
shall be used to carry out activities within Cambodia.
    (b) Purpose.--The purpose of the Office shall be to 
support, through organizations and individuals with whom the 
Secretary of State may contract to carry out the operations of 
the Office, as appropriate, efforts to bring to justice members 
of the Khmer Rouge for their crimes against humanity committed 
in Cambodia between April 17, 1975, and January 7, 1979, 
including--
          (1) to investigate crimes against humanity committed 
        by national Khmer Rouge leaders during that period;
          (2) to provide the people of Cambodia with access to 
        documents, records, and other evidence held by the 
        Office as a result of such investigation;
          (3) to submit the relevant data to a national or 
        international penal tribunal that may be convened to 
        formally hear and judge the genocidal acts committed by 
        the Khmer Rouge; and
          (4) to develop the United States proposal for the 
        establishment of an international criminal tribunal for 
        the prosecution of those accused of genocide in 
        Cambodia.
    (c) \162\ Contracting Authority.--The Secretary of State 
shall, subject to the availability of appropriations, contract 
with appropriate individuals and organizations to carry out the 
purpose of the Office.
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    \162\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for Management (Department of 
State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 
F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
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    (d) Notification to Congress.--The Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and 
the Committee on Foreign Affairs \163\ and the Committee on 
Appropriations of the House of Representatives shall be 
notified of any exercise of the authority of section 34 of the 
State Department Basic Authorities Act of 1956 with respect to 
the Office or any of its programs, projects, or activities at 
least 15 days in advance in accordance with procedures 
applicable to notifications under that section.
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    \163\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 574.\161\, \164\ REPORTING REQUIREMENT.

    (a) In General.--Beginning 6 months after the date of 
enactment of this Act, and every 6 months thereafter, the 
President shall submit a report to the appropriate 
congressional committees--
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    \164\ Functions vested in the President in sec. 574 were delegated 
to the Secretary of State (Presidential memorandum of July 26, 1994; 59 
F.R. 40205), and further delegated to the Under Secretary for Political 
Affairs (Department of State Public Notice 2086; sec. 1 of Delegation 
of Authority No. 214; 59 F.R. 50790).
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          (1) that describes the activities of the Office, and 
        sets forth new facts learned about past Khmer Rouge 
        practices, during the preceding 6-month period; and
          (2) that describes the steps the President has taken 
        during the preceding 6-month period to promote human 
        rights, to support efforts to bring to justice the 
        national political and military leadership of the Khmer 
        Rouge, and to prevent the recurrence of human rights 
        abuses in Cambodia through actions which are not 
        related to United Nations activities in Cambodia.
    (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \163\ of the House of Representatives.

                 PART E--MIDDLE EAST PEACE FACILITATION

SEC. 581. SHORT TITLE.

    This part may be cited as the ``Middle East Peace 
Facilitation Act of 1994''.

SEC. 582. FINDINGS.

    The Congress finds that--
          (1) the Palestine Liberation Organization has 
        recognized the State of Israel's right to exist in 
        peace and security; accepted United Nations Security 
        Council Resolutions 242 and 338; committed itself to 
        the peace process and peaceful coexistence with Israel, 
        free from violence and all other acts which endanger 
        peace and stability; and assumed responsibility over 
        all Palestine Liberation Organization elements and 
        personnel in order to assure their compliance, prevent 
        violations, and discipline violators;
          (2) Israel has recognized the Palestine Liberation 
        Organization as the representative of the Palestinian 
        people;
          (3) Israel and the Palestine Liberation Organization 
        signed a Declaration of Principles on Interim Self-
        Government Arrangements on September 13, 1993, at the 
        White House;
          (4) the United States has resumed a bilateral 
        dialogue with the Palestine Liberation Organization; 
        and
          (5) in order to implement the Declaration of 
        Principles on Interim Self-Government Arrangements and 
        facilitate the Middle East peace process, the President 
        has requested flexibility to suspend certain provisions 
        of law pertaining to the Palestine Liberation 
        Organization.

SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

    (a) In General.--Subject to subsection (b), beginning July 
1, 1994, the President may suspend for a period of not more 
than 6 months any provision of law specified in subsection 
(c).\165\ The President may continue the suspension for a 
period or periods of not more than 6 months until March 31, 
1996,\166\ if, before each such period, the President satisfies 
the requirements of subsection (b). Any suspension shall cease 
to be effective after 6 months, or at such earlier date as the 
President may specify.
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    \165\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law, including sec. 307 of this Act, 
as they applied to the P.L.O. or entities associated with it if certain 
conditions were met and the President so certified and consulted with 
relevant congressional committees. This authority was continued in this 
Act, and in the Middle East Peace Facilitation Act of 1995, (title VI 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1996; Public Law 104-107).
    The President issued certifications, as provided for in the 1993, 
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January 
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by 
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607); 
until July 1, 1995, by Presidential Determination No. 95-12 of December 
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential 
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October 
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60 
F.R. 44725); until November 1, 1995, by Presidential Determination No. 
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995, 
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R. 
57821); until March 31, 1996, by Presidential Determination No. 96-8 of 
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential 
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61 
F.R. 32629); until February 12, 1997, by Presidential Determination No. 
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
    Authority to waive certain provisions is continued in general 
provisions of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 
24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429; 
114 Stat. 1900); see secs. 538(d), 551, 554, and 562. See also sec. 574 
of that Act, which prohibits assistance to the Palestinian Broadcasting 
Corporation.
    On December 5, 1997, the President waived the provisions of section 
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through 
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255); 
further waived through November 26, 1998 (Presidential Determination 
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999 
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R. 
68145); through October 21, 1999 (Presidential Determination No. 99-25; 
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential 
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October 
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65 
F.R. 24852); and through October 17, 2001 (Presidential Determination 
No. 01-13; April 17, 2001; 66 F.R. 20585).
    \166\ Sec. 1 of Public Law 104-17 (109 Stat. 191) extended this 
authority from July 1, 1995 to August 15, 1995. Further extensions were 
provided in Public Law 104-22 (109 Stat. 260)--extending to October 1, 
1995; Public Law 104-30 (109 Stat. 277)--extending to November 1, 1995; 
Public Law 104-47 (109 Stat. 423)--extending to December 31, 1995; and 
Public Law 104-89 (109 Stat. 960)--extending to March 31, 1996. The 
latter extensions further provided the following, with appropriate 
dates adjusted:
    ``(b) Consultation.--For purposes of any exercise of the authority 
provided in section 583(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236) prior to January 10, 
1996, the written policy justification dated December 1, 1995, and 
submitted to the Congress in accordance with section 583(b)(1) of such 
Act, shall be deemed to satisfy the requirements of section 583(b)(1) 
of such Act.''.
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    (b) Conditions.--
          (1) \167\ Consultation.--Prior to each exercise of 
        the authority provided in subsection (a), the President 
        shall consult with the relevant congressional 
        committees. The President may not exercise that 
        authority until 30 days after a written policy 
        justification is submitted to the relevant 
        congressional committees.
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    \167\ Functions vested in the President in sec. 583(b)(1) and 
(b)(6) were delegated to the Secretary of State (Presidential 
memorandum of July 26, 1994; 59 F.R. 40205).
---------------------------------------------------------------------------
          (2) Presidential certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees each time he exercises such 
        authority that--
                  (A) it is in the national interest of the 
                United States to exercise such authority; and
                  (B) the Palestine Liberation Organization 
                continues to abide by all the commitments 
                described in paragraph (4).
          (3) Requirement for continuing plo compliance.--Any 
        suspension under subsection (a) of a provision of law 
        specified in subsection (c) shall cease to be effective 
        if the President certifies to the relevant 
        congressional committees that the Palestine Liberation 
        Organization has not continued to abide by all the 
        commitments described in paragraph (4).
          (4) PLO commitments described.--The commitments 
        referred to in paragraphs (2) and (3) are the 
        commitments made by the Palestine Liberation 
        Organization--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel; in its letter of 
                September 9, 1993, to the Foreign Minister of 
                Norway to--
                          (i) recognize the right of the State 
                        of Israel to exist in peace and 
                        security;
                          (ii) accept United Nations Security 
                        Council Resolutions 242 and 338;
                          (iii) renounce the use of terrorism 
                        and other acts of violence;
                          (iv) assume responsibility over all 
                        PLO elements and personnel in order to 
                        assure their compliance, prevent 
                        violations and discipline violators;
                          (v) call upon the Palestinian people 
                        in the West Bank and Gaza Strip to take 
                        part in the steps leading to the 
                        normalization of life, rejecting 
                        violence and terrorism, and 
                        contributing to peace and stability; 
                        and
                          (vi) submit to the Palestine National 
                        Council for formal approval the 
                        necessary changes to the Palestinian 
                        National Covenant eliminating calls for 
                        Israel's destruction, and
                  (B) in, and resulting from, the good faith 
                implementation of, the Declaration of 
                Principles on Interim Self-Government 
                Arrangements signed on September 13, 1993.
          (5) Expectation of congress regarding any extension 
        of presidential authority.--The Congress expects that 
        any extension of the authority provided to the 
        President in subsection (a) will be conditional on the 
        Palestine Liberation Organization--
                  (A) renouncing the Arab League boycott of 
                Israel;
                  (B) urging the nations of the Arab League to 
                end the Arab League boycott of Israel;
                  (C) cooperating with efforts undertaken by 
                the President of the United States to end the 
                Arab League boycott of Israel; and
                  (D) condemning individual acts of terrorism 
                and violence.
          (6) \167\ Reporting requirement.--As part of the 
        President's written policy justification referred to in 
        paragraph (1), the President will report on the PLO's 
        response to individual acts of terrorism and violence, 
        as well as its actions concerning the Arab League 
        boycott of Israel as enumerated in paragraph (5) and on 
        the status of the PLO office in the United States as 
        enumerated in subsection (c)(3).
    (c) Provisions That May Be Suspended.--The provisions that 
may be suspended under the authority of subsection (a) are the 
following:
          (1) Section 307 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2227) \168\ as it applies with respect to 
        the Palestine Liberation Organization or entities 
        associated with it.
---------------------------------------------------------------------------
    \168\ For text, see Legislation on Foreign Relations Through 2001, 
vol. I-A.
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          (2) Section 114 of the Department of State 
        Authorization Act, Fiscal years 1984 and 1985 (22 
        U.S.C. 287e note) as it applies with respect to the 
        Palestine Liberation Organization or entities 
        associated with it.
          (3) Section 1003 of the Foreign Relations 
        Authorization Act, Fiscal years 1988 and 1989 (22 
        U.S.C. 5202).
          (4) Section 37 of the Bretton Woods Agreement Act (22 
        U.S.C. 286w) \169\ as it applies to the granting to the 
        Palestine Liberation Organization of observer status or 
        other official status at any meeting sponsored by or 
        associated with the International Monetary Fund. As 
        used in this paragraph, the term ``other official 
        status'' does not include membership in the 
        International Monetary Fund.
---------------------------------------------------------------------------
    \169\ For text, see Legislation on Foreign Relations Through 2000, 
vol. III.
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    (d) Relevant Congressional Committees Defined.--As used in 
this section, the term ``relevant congressional committees'' 
means--
          (1) the Committee on Foreign Affairs, the Committee 
        on Banking, Finance and Urban Affairs,\170\ and the 
        Committee on Appropriations of the House of 
        Representatives; and
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    \170\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Banking, Finance and Urban Affairs 
of the House of Representatives shall be treated as referring to the 
Committee on Banking and Financial Services of the House of 
Representatives. Sec. 1(a)(5) of that Act provided that references to 
the Committee on Foreign Affairs shall be treated as referring to the 
Committee on International Relations.
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          (2) the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate.

                      TITLE VI--PEACE CORPS \171\

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated $219,745,000 for the fiscal year 1994 and 
$234,745,000 for the fiscal year 1995 to carry out the Peace 
Corps Act.
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    \171\ For other legislation relating to the Peace Corps, see 
Legislation on Foreign Relations Through 2001, vol. I-B.
---------------------------------------------------------------------------
    (b) Availability of Funds.--Funds made available to the 
Peace Corps pursuant to the authorization under subsection (a) 
shall be available for the fiscal year for which appropriated 
and the subsequent fiscal year.

SEC. 602.\172\ AMENDMENTS TO THE PEACE CORPS ACT. * * *
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    \172\ Sec. 602 amended secs. 10(c) and 10(j) of the Peace Corps Act 
(22 U.S.C. 2509(c), 2509(j)).
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                        TITLE VII--ARMS CONTROL

      PART A--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994 \173\

          * * * * * * *
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    \173\ Part A of title VII, for the most part, contains amendments 
to the Arms Control and Disarmament Act; 5 United States Code; the Arms 
Export Control Act (see Legislation on Foreign Relations Through 2001, 
vol. I-A), and Nuclear Non-Proliferation Act of 1978 (see Legislation 
on Foreign Relations Through 2001, vol. IV). For freestanding 
provisions of part A, see page 1576.
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          * * * * * * *

        PART B--AMENDMENTS TO THE ARMS EXPORT CONTROL ACT \174\

          * * * * * * *
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    \174\ Part B consists entirely of amendments to the Foreign 
Assistance Act of 1961, the Arms Export Control Act (see Legislation on 
Foreign Relations Through 2001, vol. I-A) and the Export Administration 
Act of 1979 (see Legislation on Foreign Relations Through 2000, vol. 
III).
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         TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT \175\

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Nuclear Proliferation 
Prevention Act of 1994''.
---------------------------------------------------------------------------
    \175\ 22 U.S.C. 3201 note.
---------------------------------------------------------------------------

               PART A--REPORTING ON NUCLEAR EXPORTS \176\

          * * * * * * *
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    \176\ Part A amends the Nuclear Non-Proliferation Act of 1978; see 
Legislation on Foreign Relations Through 2001, vol. IV.
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           PART B--SANCTIONS FOR NUCLEAR PROLIFERATION \177\

SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS ENGAGING IN 
                    EXPORT ACTIVITIES THAT CONTRIBUTE TO PROLIFERATION.

    (a) Determination by the President.--
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    \177\ Sec. 831 of this Act provided:
    ``sec. 831. effective date.
    ``The provisions of this part, and the amendments made by this 
part, shall take effect 60 days after the date of the enactment of this 
Act.''.
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          (1) In general.--Except as provided in subsection 
        (b)(2), the President shall impose the sanction 
        described in subsection (c) if the President determines 
        in writing that, on or after the effective date of this 
        part, a foreign person or a United States person has 
        materially and with requisite knowledge contributed, 
        through the export from the United States or any other 
        country of any goods or technology (as defined in 
        section 830(2)), to the efforts by any individual, 
        group, or non-nuclear-weapon state to acquire 
        unsafeguarded special nuclear material or to use, 
        develop, produce, stockpile, or otherwise acquire any 
        nuclear explosive device.
          (2) Persons against which the sanction is to be 
        imposed.--The sanction shall be imposed pursuant to 
        paragraph (1) on--
                  (A) the foreign person or United States 
                person with respect to which the President 
                makes the determination described in that 
                paragraph;
                  (B) any successor entity to that foreign 
                person or United States person;
                  (C) any foreign person or United States 
                person that is a parent or subsidiary of that 
                person if that parent or subsidiary materially 
                and with requisite knowledge assisted in the 
                activities which were the basis of that 
                determination; and
                  (D) any foreign person or United States 
                person that is an affiliate of that person if 
                that affiliate materially and with requisite 
                knowledge assisted in the activities which were 
                the basis of that determination and if that 
                affiliate is controlled in fact by that person.
          (3) Other sanctions available.--The sanction which is 
        required to be imposed for activities described in this 
        subsection is in addition to any other sanction which 
        may be imposed for the same activities under any other 
        provision of law.
          (4) Definition.--For purposes of this subsection, the 
        term ``requisite knowledge'' means situations in which 
        a person ``knows'', as ``knowing'' is defined in 
        section 104 of the Foreign Corrupt Practices Act of 
        1977 (15 U.S.C. 78dd-2).
    (b) Consultation With and Actions by Foreign Government of 
Jurisdiction.--
          (1) Consultations.--If the President makes a 
        determination described in subsection (a)(1) with 
        respect to a foreign person, the Congress urges the 
        President to initiate consultations immediately with 
        the government with primary jurisdiction over that 
        foreign person with respect to the imposition of the 
        sanction pursuant to this section.
          (2) Actions by government of jurisdiction.--In order 
        to pursue such consultations with that government, the 
        President may delay imposition of the sanction pursuant 
        to this section for up to 90 days. Following these 
        consultations, the President shall impose the sanction 
        unless the President determines and certifies in 
        writing to the Congress that that government has taken 
        specific and effective actions, including appropriate 
        penalties, to terminate the involvement of the foreign 
        person in the activities described in subsection 
        (a)(1). The President may delay the imposition of the 
        sanction for up to an additional 90 days if the 
        President determines and certifies in writing to the 
        Congress that that government is in the process of 
        taking the actions described in the preceding sentence.
          (3) Report to congress.--Not later than 90 days after 
        making a determination under subsection (a)(1), the 
        President shall submit to the Committee on Foreign 
        Relations and the Committee on Governmental Affairs of 
        the Senate and the Committee on Foreign Affairs \178\ 
        of the House of Representatives a report on the status 
        of consultations with the appropriate government under 
        this subsection, and the basis for any determination 
        under paragraph (2) of this subsection that such 
        government has taken specific corrective actions.
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    \178\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) Sanction.--
          (1) Description of sanction.--The sanction to be 
        imposed pursuant to subsection (a)(1) is, except as 
        provided in paragraph (2) of this subsection, that the 
        United States Government shall not procure, or enter 
        into any contract for the procurement of, any goods or 
        services from any person described in subsection 
        (a)(2).
          (2) Exceptions.--The President shall not be required 
        to apply or maintain the sanction under this section--
                  (A) in the case of procurement of defense 
                articles or defense services--
                          (i) under existing contracts or 
                        subcontracts, including the exercise of 
                        options for production quantities to 
                        satisfy requirements essential to the 
                        national security of the United States;
                          (ii) if the President determines in 
                        writing that the person or other entity 
                        to which the sanction would otherwise 
                        be applied is a sole source supplier of 
                        the defense articles or services, that 
                        the defense articles or services are 
                        essential, and that alternative sources 
                        are not readily or reasonably 
                        available; or
                          (iii) if the President determines in 
                        writing that such articles or services 
                        are essential to the national security 
                        under defense coproduction agreements;
                  (B) to products or services provided under 
                contracts entered into before the date on which 
                the President publishes his intention to impose 
                the sanction;
                  (C) to--
                          (i) spare parts which are essential 
                        to United States products or 
                        production;
                          (ii) component parts, but not 
                        finished products, essential to United 
                        States products or production; or
                          (iii) routine servicing and 
                        maintenance of products, to the extent 
                        that alternative sources are not 
                        readily or reasonably available;
                  (D) to information and technology essential 
                to United States products or production; or
                  (E) to medical or other humanitarian items.
    (d) \179\ Advisory Opinions.--Upon the request of any 
person, the Secretary of State may, in consultation with the 
Secretary of Defense, issue in writing an advisory opinion to 
that person as to whether a proposed activity by that person 
would subject that person to the sanction under this section. 
Any person who relies in good faith on such an advisory opinion 
which states that the proposed activity would not subject a 
person to such sanction, and any person who thereafter engages 
in such activity, may not be made subject to such sanction on 
account of such activity.
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    \179\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for International Security 
Affairs (Department of State Public Notice 2086; sec. 2 of Delegation 
of Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------
    (e) Termination of the Sanction.--The sanction imposed 
pursuant to this section shall apply for a period of at least 
12 months following the imposition of the sanction and shall 
cease to apply thereafter only if the President determines and 
certifies in writing to the Congress that--
          (1) reliable information indicates that the foreign 
        person or United States person with respect to which 
        the determination was made under subsection (a)(1) has 
        ceased to aid or abet any individual, group, or non-
        nuclear-weapon state in its efforts to acquire 
        unsafeguarded special nuclear material or any nuclear 
        explosive device, as described in that subsection; and
          (2) the President has received reliable assurances 
        from the foreign person or United States person, as the 
        case may be, that such person will not, in the future, 
        aid or abet any individual, group, or non-nuclear-
        weapon state in its efforts to acquire unsafeguarded 
        special nuclear material or any nuclear explosive 
        device, as described in subsection (a)(1).
    (f) Waiver.--
          (1) Criterion for waiver.--The President may waive 
        the application of the sanction imposed on any person 
        pursuant to this section, after the end of the 12-month 
        period beginning on the date on which that sanction was 
        imposed on that person, if the President determines and 
        certifies in writing to the Congress that the continued 
        imposition of the sanction would have a serious adverse 
        effect on vital United States interests.
          (2) Notification of and report to congress.--If the 
        President decides to exercise the waiver authority 
        provided in paragraph (1), the President shall so 
        notify the Congress not less than 20 days before the 
        waiver takes effect. Such notification shall include a 
        report fully articulating the rationale and 
        circumstances which led the President to exercise the 
        waiver authority.

SEC. 822. ELIGIBILITY FOR ASSISTANCE.

    (a) \180\ Amendments to the Arms Export Control Act.--* * *
---------------------------------------------------------------------------
    \180\ Subsec. (a) amended secs. 3 and 40 of the Arms Export Control 
Act (22 U.S.C. 2753, 2780).
---------------------------------------------------------------------------
    (b) Foreign Assistance Act of 1961.--
          (1) Presidential determination 82-7.--Notwithstanding 
        any other provision of law, Presidential Determination 
        No. 82-7 of February 10, 1982,\181\ made pursuant to 
        section 670(a)(2) of the Foreign Assistance Act of 
        1961, shall have no force or effect with respect to any 
        grounds for the prohibition of assistance under section 
        102(a)(1) of the Arms Export Control Act arising on or 
        after the effective date of this part.
---------------------------------------------------------------------------
    \181\ Presidential Determination No. 82-7 of February 10, 1982 (47 
F.R. 9805), issued as a memorandum for the Secretary of State, read as 
follows:
    ``By the authority vested in me as President by the Constitution 
and statutes of the United States of America, including sections 620E 
and 670(a)(2) of the Foreign Assistance Act of 1961, as amended (``the 
Act''), I hereby:
---------------------------------------------------------------------------

          ``(1) determine, pursuant to section 620E(d) of the Act, that 
        the provision of assistance to Pakistan under the Act through 
        September 30, 1987, is in the national interest of the United 
        States and therefore waive the prohibitions of section 669 of 
        the Act with respect to that period;
          ``(2) determine and certify, pursuant to section 670(a)(2) of 
        the Act, that not providing assistance referred to in section 
        670(a)(1) of the Act to Pakistan would be seriously prejudicial 
        to the achievement of United States nonproliferation objectives 
        and otherwise jeopardize the common defense and security;
          ``(3) authorize the provision of assistance referred to in 
        sections 669(a)(1) and 670(a)(1) of the Act to Pakistan 
        beginning thirty (30) days following submission of this 
        determination and certification to the Congress.''.
          (2) \182\ * * *
---------------------------------------------------------------------------
    \182\ Para. (2) amended sec. 620E(d) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2375(d)).
---------------------------------------------------------------------------

SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) In General.--The Secretary of the Treasury shall 
instruct the United States executive director to each of the 
international financial institutions described in section 
701(a) of the International Financial Institutions Act (22 
U.S.C. 262d(a)) to use the voice and vote of the United States 
to oppose any use of the institution's funds to promote the 
acquisition of unsafeguarded special nuclear material or the 
development, stockpiling, or use of any nuclear explosive 
device by any non-nuclear-weapon state.
    (b) \183\ * * *
---------------------------------------------------------------------------
    \183\ Subsec. (b) amended sec. 701(b)(3) of the International 
Financial Institutions Act (22 U.S.C. 262d(b)(3)).
---------------------------------------------------------------------------

SEC. 824. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION THROUGH THE 
                    PROVISION OF FINANCING.

    (a) Prohibited Activity Defined.--For purposes of this 
section, the term ``prohibited activity'' means the act of 
knowingly, materially, and directly contributing or attempting 
to contribute, through the provision of financing, to--
          (1) the acquisition of unsafeguarded special nuclear 
        material; or
          (2) the use, development, production, stockpiling, or 
        other acquisition of any nuclear explosive device,
by any individual, group, or non-nuclear-weapon state.
    (b) Prohibition.--To the extent that the United States has 
jurisdiction to prohibit such activity by such person, no 
United States person and no foreign person may engage in any 
prohibited activity.
    (c) Presidential Determination and Order With Respect to 
United States and Foreign Persons.--If the President 
determines,,\184\ that a United States person or a foreign 
person has engaged in a prohibited activity (without regard to 
whether subsection (b) applies), the President shall, by order, 
impose the sanctions described in subsection (d) on such 
person.
---------------------------------------------------------------------------
    \184\ Sec. 157(b)(1) of Public Law 104-164 (110 Stat. 1440) struck 
out ``in writing after opportunity for a hearing on the record'' 
(resulting in a double comma).
---------------------------------------------------------------------------
    (d) Sanctions.--The following sanctions shall be imposed 
pursuant to any order issued under subsection (c) with respect 
to any United States person or any foreign person:
          (1) Ban on dealings in government finance.--
                  (A) Designation as primary dealer.--Neither 
                the Board of Governors of the Federal Reserve 
                System nor the Federal Reserve Bank of New York 
                may designate, or permit the continuation of 
                any prior designation of, the person as a 
                primary dealer in United States Government debt 
                instruments.
                  (B) Service as depositary.--The person may 
                not serve as a depositary for United States 
                Government funds.
          (2) Restrictions on operations.--The person may not, 
        directly or indirectly--
                  (A) commence any line of business in the 
                United States in which the person was not 
                engaged as of the date of the order; or
                  (B) conduct business from any location in the 
                United States at which the person did not 
                conduct business as of the date of the order.
    (e) \185\ Consultation With and Actions by Foreign 
Government of Jurisdiction.--
---------------------------------------------------------------------------
    \185\ Sec. 157(b)(2) and (3) of Public Law 104-164 (110 Stat. 1440) 
struck out subsec. (e) and redesignated subsecs. (f) through (k) as 
subsecs. (e) through (j), respectively. Former subsec. (e) had provided 
that: ``Any determination of the President under subsection (c) shall 
be subject to judicial review in accordance with chapter 7 of part I of 
title 5, United States Code.''.
---------------------------------------------------------------------------
          (1) Consultations.--If the President makes a 
        determination under subsection (c) with respect to a 
        foreign person, the Congress urges the President to 
        initiate consultations immediately with any appropriate 
        foreign government with respect to the imposition of 
        any sanction pursuant to this section.
          (2) Actions by government of jurisdiction.--
                  (A) Suspension of period for imposing 
                sanctions.--In order to pursue consultations 
                described in paragraph (1) with any government 
                referred to in such paragraph, the President 
                may delay, for up to 90 days, the effective 
                date of an order under subsection (c) imposing 
                any sanction.
                  (B) Coordination with activities of foreign 
                government.--Following consultations described 
                in paragraph (1), the order issued by the 
                President under subsection (c) imposing any 
                sanction on a foreign person shall take effect 
                unless the President determines, and certifies 
                in writing to the Congress, that the government 
                referred to in paragraph (1) has taken specific 
                and effective actions, including the imposition 
                of appropriate penalties, to terminate the 
                involvement of the foreign person in any 
                prohibited activity.
                  (C) Extension of period.--After the end of 
                the period described in subparagraph (A), the 
                President may delay, for up to an additional 90 
                days, the effective date of an order issued 
                under subsection (b) imposing any sanction on a 
                foreign person if the President determines, and 
                certifies in writing to the Congress, that the 
                appropriate foreign government is in the 
                process of taking actions described in 
                subparagraph (B).
          (3) Report to congress.--Before the end of the 90-day 
        period beginning on the date on which an order is 
        issued under subsection (c), the President shall submit 
        to the Congress a report on--
                  (A) the status of consultations under this 
                subsection with the government referred to in 
                paragraph (1); and
                  (B) the basis for any determination under 
                paragraph (2) that such government has taken 
                specific corrective actions.
    (f) \185\ Termination of the Sanctions.--Any sanction 
imposed on any person pursuant to an order issued under 
subsection (c) shall--
          (1) remain in effect for a period of not less than 12 
        months; and
          (2) cease to apply after the end of such 12-month 
        period only if the President determines, and certifies 
        in writing to the Congress, that--
                  (A) the person has ceased to engage in any 
                prohibited activity; and
                  (B) the President has received reliable 
                assurances from such person that the person 
                will not, in the future, engage in any 
                prohibited activity.
    (g) \185\ Waiver.--The President may waive the continued 
application of any sanction imposed on any person pursuant to 
an order issued under subsection (c) if the President 
determines, and certifies in writing to the Congress, that the 
continued imposition of the sanction would have a serious 
adverse effect on the safety and soundness of the domestic or 
international financial system or on domestic or international 
payments systems.
    (h) \185\ Enforcement Action.--The Attorney General may 
bring an action in an appropriate district court of the United 
States for injunctive and other appropriate relief with respect 
to--
          (1) any violation of subsection (b); or
          (2) any order issued pursuant to subsection (c).
    (i) \185\ Knowingly Defined.--
          (1) In general.--For purposes of this section, the 
        term ``knowingly'' means the state of mind of a person 
        with respect to conduct, a circumstance, or a result in 
        which--
                  (A) such person is aware that such person is 
                engaging in such conduct, that such 
                circumstance exists, or that such result is 
                substantially certain to occur; or
                  (B) such person has a firm belief that such 
                circumstance exists or that such result is 
                substantially certain to occur.
          (2) Knowledge of the existence of a particular 
        circumstance.--If knowledge of the existence of a 
        particular circumstance is required for an offense, 
        such knowledge is established if a person is aware of a 
        high probability of the existence of such circumstance, 
        unless the person actually believes that such 
        circumstance does not exist.
    (j) \185\ Scope of Application.--This section shall apply 
with respect to prohibited activities which occur on or after 
the date this part takes effect.

SEC. 825.\186\ EXPORT-IMPORT BANK. * * *
---------------------------------------------------------------------------

    \186\ Sec. 825 amended sec. 2(b)(4) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(4)).
---------------------------------------------------------------------------

SEC. 826.\187\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT. * * *
---------------------------------------------------------------------------

    \187\ Sec. 826(a) added a new chapter 10 to the Arms Export Control 
Act, relating to nuclear proliferation controls (22 U.S.C. 2799aa et 
seq.). Sec. 826(b) repealed secs. 669 and 670 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2429, 2429a). Sec. 826(c) made corresponding 
technical amendments.
---------------------------------------------------------------------------

SEC. 827.\188\ REWARD. * * *
---------------------------------------------------------------------------

    \188\ Sec. 827 amended sec. 36(a) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708(a)).
---------------------------------------------------------------------------

SEC. 828. REPORTS.

    (a) \189\ Content of ACDA Annual Report.--* * *
---------------------------------------------------------------------------
    \189\ Sec. 828(a) amended sec. 51(a) of the Arms Control and 
Disarmament Act.
---------------------------------------------------------------------------
    (b) Reporting on Demarches.--(1) It is the sense of the 
Congress that the Department of State should, in the course of 
implementing its reporting responsibilities under section 
602(c) of the Nuclear Non-Proliferation Act of 1978, include a 
summary of demarches that the United States has issued or 
received from foreign governments with respect to activities 
which are of significance from the proliferation standpoint.
    (2) For purposes of this section, the term ``demarche'' 
means any official communication by one government to another, 
by written or oral means, intended by the originating 
government to express--
          (A) a concern over a past, present, or possible 
        future action or activity of the recipient government, 
        or of a person within the jurisdiction of that 
        government, contributing to the global spread of 
        unsafeguarded special nuclear material or of nuclear 
        explosive devices;
          (B) a request for the recipient government to counter 
        such action or activity; or
          (C) both the concern and request described in 
        subparagraphs (A) and (B).
          * * * * * * *

SEC. 830. DEFINITIONS.

    For purposes of this part--
          (1) the term ``foreign person'' means--
                  (A) an individual who is not a citizen of the 
                United States or an alien admitted for 
                permanent residence to the United States; or
                  (B) a corporation, partnership, or other 
                nongovernment entity which is created or 
                organized under the laws of a foreign country 
                or which has its principal place of business 
                outside the United States;
          (2) the term ``goods or technology'' means--
                  (A) nuclear materials and equipment and 
                sensitive nuclear technology (as such terms are 
                defined in section 4 of the Nuclear Non-
                Proliferation Act of 1978), all export items 
                designated by the President pursuant to section 
                309(c) of the Nuclear Non-Proliferation Act of 
                1978, and all technical assistance requiring 
                authorization under section 57 b. of the Atomic 
                Energy Act of 1954, and
                  (B) in the case of exports from a country 
                other than the United States, any goods or 
                technology that, if exported from the United 
                States, would be goods or technology described 
                in subparagraph (A);
          (3) the term ``IAEA safeguards'' means the safeguards 
        set forth in an agreement between a country and the 
        International Atomic Energy Agency, as authorized by 
        Article III(A)(5) of the Statute of the International 
        Atomic Energy Agency;
          (4) the term ``nuclear explosive device'' means any 
        device, whether assembled or disassembled, that is 
        designed to produce an instantaneous release of an 
        amount of nuclear energy from special nuclear material 
        that is greater than the amount of energy that would be 
        released from the detonation of one pound of 
        trinitrotoluene (TNT);
          (5) the term ``non-nuclear-weapon state'' means any 
        country which is not a nuclear-weapon state, as defined 
        by Article IX (3) of the Treaty on the Non-
        Proliferation of Nuclear Weapons, signed at Washington, 
        London, and Moscow on July 1, 1968;
          (6) the term ``special nuclear material'' has the 
        meaning given that term in section 11 aa. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014aa);
          (7) the term ``United States person'' means--
                  (A) an individual who is a citizen of the 
                United States or an alien admitted for 
                permanent residence to the United States; or
                  (B) a corporation, partnership, or other 
                nongovernment entity which is not a foreign 
                person; and
          (8) the term ``unsafeguarded special nuclear 
        material'' means special nuclear material which is held 
        in violation of IAEA safeguards or not subject to IAEA 
        safeguards (excluding any quantity of material that 
        could, if it were exported from the United States, be 
        exported under a general license issued by the Nuclear 
        Regulatory Commission).

SEC. 831. EFFECTIVE DATE.

    The provisions of this part, and the amendments made by 
this part, shall take effect 60 days after the date of the 
enactment of this Act.

            PART C--INTERNATIONAL ATOMIC ENERGY AGENCY \190\

SEC. 841. BILATERAL AND MULTILATERAL INITIATIVES.

    It is the sense of the Congress that in order to maintain 
and enhance international confidence in the effectiveness of 
IAEA safeguards and in other multilateral undertakings to halt 
the global proliferation of nuclear weapons, the United States 
should seek to negotiate with other nations and groups of 
nations, including the IAEA Board of Governors and the Nuclear 
Suppliers Group, to--
---------------------------------------------------------------------------
    \190\ See related legislation under ``Energy, Natural Resources, 
and Environment,'' in Legislation on Foreign Relations Through 2001, 
vol. IV.
---------------------------------------------------------------------------
          (1) build international support for the principle 
        that nuclear supply relationships must require 
        purchasing nations to agree to full-scope international 
        safeguards;
          (2) encourage each nuclear-weapon state within the 
        meaning of the Treaty to undertake a comprehensive 
        review of its own procedures for declassifying 
        information relating to the design or production of 
        nuclear explosive devices and to investigate any 
        measures that would reduce the risk of such information 
        contributing to nuclear weapons proliferation;
          (3) encourage the deferral of efforts to produce 
        weapons-grade nuclear material for large-scale 
        commercial uses until such time as safeguards are 
        developed that can detect, on a timely and reliable 
        basis, the diversion of significant quantities of such 
        material for nuclear explosive purposes;
          (4) pursue greater financial support for the 
        implementation and improvement of safeguards from all 
        IAEA member nations with significant nuclear programs, 
        particularly from those nations that are currently 
        using or planning to use weapons-grade nuclear material 
        for commercial purposes;
          (5) arrange for the timely payment of annual 
        financial contributions by all members of the IAEA, 
        including the United States;
          (6) pursue the elimination of international commerce 
        in highly enriched uranium for use in research reactors 
        while encouraging multilateral cooperation to develop 
        and to use low-enriched alternative nuclear fuels;
          (7) oppose efforts by non-nuclear-weapon states to 
        develop or use unsafeguarded nuclear fuels for purposes 
        of naval propulsion;
          (8) pursue an international open skies arrangement 
        that would authorize the IAEA to operate surveillance 
        aircraft and would facilitate IAEA access to satellite 
        information for safeguards verification purposes;
          (9) develop an institutional means for IAEA member 
        nations to share intelligence material with the IAEA on 
        possible safeguards violations without compromising 
        national security or intelligence sources or methods;
          (10) require any exporter of a sensitive nuclear 
        facility or sensitive nuclear technology to a non-
        nuclear-weapon state to notify the IAEA prior to export 
        and to require safeguards over that facility or 
        technology, regardless of its destination; and
          (11) seek agreement among the parties to the Treaty 
        to apply IAEA safeguards in perpetuity and to establish 
        new limits on the right to withdraw from the Treaty.

SEC. 842. IAEA INTERNAL REFORMS.

    In order to promote the early adoption of reforms in the 
implementation of the safeguards responsibilities of the IAEA, 
the Congress urges the President to negotiate with other 
nations and groups of nations, including the IAEA Board of 
Governors and the Nuclear Suppliers Group, to--
          (1) improve the access of the IAEA within nuclear 
        facilities that are capable of producing, processing, 
        or fabricating special nuclear material suitable for 
        use in a nuclear explosive device;
          (2)(A) facilitate the IAEA's efforts to meet and to 
        maintain its own goals for detecting the diversion of 
        nuclear materials and equipment, giving particular 
        attention to facilities in which there are bulk 
        quantities of plutonium; and
          (B) if it is not technically feasible for the IAEA to 
        meet those detection goals in a particular facility, 
        require the IAEA to declare publicly that it is unable 
        to do so;
          (3) enable the IAEA to issue fines for violations of 
        safeguards procedures, to pay rewards for information 
        on possible safeguards violations, and to establish a 
        ``hot line'' for the reporting of such violations and 
        other illicit uses of weapons-grade nuclear material;
          (4) establish safeguards at facilities engaged in the 
        manufacture of equipment or material that is especially 
        designated or prepared for the processing, use, or 
        production of special fissionable material or, in the 
        case of non-nuclear-weapon states, of any nuclear 
        explosive device;
          (5) establish safeguards over nuclear research and 
        development activities and facilities;
          (6) implement special inspections of undeclared 
        nuclear facilities, as provided for under existing 
        safeguards procedures, and seek authority for the IAEA 
        to conduct challenge inspections on demand at suspected 
        nuclear sites;
          (7) expand the scope of safeguards to include 
        tritium, uranium concentrates, and nuclear waste 
        containing special fissionable material, and increase 
        the scope of such safeguards on heavy water;
          (8) revise downward the IAEA's official minimum 
        amounts of nuclear material (``significant quantity'') 
        needed to make a nuclear explosive device and establish 
        these amounts as national rather than facility 
        standards;
          (9) expand the use of full-time resident IAEA 
        inspectors at sensitive fuel cycle facilities;
          (10) promote the use of near real time material 
        accountancy in the conduct of safeguards at facilities 
        that use, produce, or store significant quantities of 
        special fissionable material;
          (11) develop with other IAEA member nations an 
        agreement on procedures to expedite approvals of visa 
        applications by IAEA inspectors;
          (12) provide the IAEA the additional funds, technical 
        assistance, and political support necessary to carry 
        out the goals set forth in this subsection; and
          (13) make public the annual safeguards implementation 
        report of the IAEA, establishing a public registry of 
        commodities in international nuclear commerce, 
        including dual-use goods, and creating a public 
        repository of current nuclear trade control laws, 
        agreements, regulations, and enforcement and judicial 
        actions by IAEA member nations.

SEC. 843. REPORTING REQUIREMENT.

    (a) Report Required.--The President shall, in the report 
required by section 601(a) of the Nuclear Non-Proliferation Act 
of 1978, describe--
          (1) the steps he has taken to implement sections 841 
        and 842, and
          (2) the progress that has been made and the obstacles 
        that have been encountered in seeking to meet the 
        objectives set forth in sections 841 and 842.
    (b) Contents of Report.--Each report under paragraph (1) 
shall describe--
          (1) the bilateral and multilateral initiatives that 
        the President has taken during the period since the 
        enactment of this Act in pursuit of each of the 
        objectives set forth in sections 841 and 842;
          (2) any obstacles that have been encountered in the 
        pursuit of those initiatives;
          (3) any additional initiatives that have been 
        proposed by other countries or international 
        organizations to strengthen the implementation of IAEA 
        safeguards;
          (4) all activities of the Federal Government in 
        support of the objectives set forth in sections 841 and 
        842;
          (5) any recommendations of the President on 
        additional measures to enhance the effectiveness of 
        IAEA safeguards; and
          (6) any initiatives that the President plans to take 
        in support of each of the objectives set forth in 
        sections 841 and 842.

SEC. 844. DEFINITIONS.

    As used in this part--
          (1) the term ``highly enriched uranium'' means 
        uranium enriched to 20 percent or more in the isotope 
        U-235;
          (2) the term ``IAEA'' means the International Atomic 
        Energy Agency;
          (3) the term ``near real time material accountancy'' 
        means a method of accounting for the location, 
        quantity, and disposition of special fissionable 
        material at facilities that store or process such 
        material, in which verification of peaceful use is 
        continuously achieved by means of frequent physical 
        inventories and the use of in-process instrumentation;
          (4) the term ``special fissionable material'' has the 
        meaning given that term by Article XX(1) of the Statute 
        of the International Atomic Energy Agency, done at the 
        Headquarters of the United Nations on October 26, 1956;
          (5) the term ``the Treaty'' means the Treaty on the 
        Non-Proliferation of Nuclear Weapons, signed at 
        Washington, London, and Moscow on July 1, 1968; and
          (6) the terms ``IAEA safeguards'', ``non-nuclear-
        weapon state'', ``nuclear explosive device'', and 
        ``special nuclear material'' have the meanings given 
        those terms in section 830 of this Act.

            PART D--TERMINATION * * * [Repealed--1996] \191\
---------------------------------------------------------------------------

    \191\ Sec. 157(a) of Public Law 104-164 (110 Stat. 1440) repealed 
part D, which consisted only of sec. 851, which had provided the 
following:
    ``sec. 851. termination upon enactment of next foreign relations 
act.
    ``On the date of enactment of the first Foreign Relations 
Authorization Act that is enacted after the enactment of this Act, the 
provisions of parts A and B of this title shall cease to be effective, 
the amendments made by those parts shall be repealed, and any provision 
of law repealed by those parts shall be reenacted.''.
---------------------------------------------------------------------------

   TITLE IX--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY

SEC. 901.\192\ SHORT TITLE.

    This title may be cited as the ``Protection and Reduction 
of Government Secrecy Act''.
---------------------------------------------------------------------------
    \192\ 50 U.S.C. 401 note.
---------------------------------------------------------------------------

SEC. 902.\192\ FINDINGS.

     The Congress makes the following findings:
          (1) During the Cold War an extensive secrecy system 
        developed which limited public access to information 
        and reduced the ability of the public to participate 
        with full knowledge in the process of governmental 
        decisionmaking.
          (2) In 1992 alone 6,349,532 documents were classified 
        and approximately three million persons held some form 
        of security clearance.
          (3) The burden of managing more than 6 million newly 
        classified documents every year has led to tremendous 
        administrative expense, reduced communication within 
        the government and within the scientific community, 
        reduced communication between the government and the 
        people of the United States, and the selective and 
        unauthorized public disclosure of classified 
        information.
          (4) It has been estimated that private businesses 
        spend more than $14 billion each year implementing 
        government mandated regulations for protecting 
        classified information.
          (5) If a smaller amount of truly sensitive 
        information were classified the information could be 
        held more securely.
          (6) In 1970 a Task Force organized by the Defense 
        Science Board and headed by Dr. Frederick Seitz 
        concluded that ``more might be gained than lost if our 
        Nation were to adopt--unilaterally, if necessary--a 
        policy of complete openness in all areas of 
        information''.
          (7) The procedures for granting security clearances 
        have themselves become an expensive and inefficient 
        part of the secrecy system and should be closely 
        examined.
          (8) A bipartisan study commission specially 
        constituted for the purpose of examining the 
        consequences of the secrecy system will be able to 
        offer comprehensive proposals for reform.

SEC. 903.\192\ PURPOSE.

    It is the purpose of this title to establish for a two-year 
period a Commission on Protecting and Reducing Government 
Secrecy--
          (1) to examine the implications of the extensive 
        classification of information and to make 
        recommendations to reduce the volume of information 
        classified and thereby to strengthen the protection of 
        legitimately classified information; and
          (2) to examine and make recommendations concerning 
        current procedures relating to the granting of security 
        clearances.

SEC. 904.\192\ COMPOSITION OF THE COMMISSION.

    (a) Establishment.--To carry out the purpose of this title, 
there is established a Commission on Protecting and Reducing 
Government Secrecy (in this title referred to as the 
``Commission'').
    (b) Composition.--The Commission shall be composed of 
twelve members, as follows:
          (1) Four members appointed by the President, of whom 
        two shall be appointed from the executive branch of the 
        Government and two shall be appointed from private 
        life.
          (2) Two members appointed by the Majority Leader of 
        the Senate, of whom one shall be a Member of the Senate 
        and one shall be appointed from private life.
          (3) Two members appointed by the Minority Leader of 
        the Senate, of whom one shall be a Member of the Senate 
        and one shall be appointed from private life.
          (4) Two members appointed by the Speaker of the House 
        of Representatives, of whom one shall be a Member of 
        the House and one shall be appointed from private life.
          (5) Two members appointed by the Minority Leader of 
        the House of Representatives, of whom one shall be a 
        Member of the House and one shall be appointed from 
        private life.
    (c) Chairman.--The Commission shall elect a Chairman from 
among its members.
    (d) Quorum; Vacancies.--After its initial meeting, the 
Commission shall meet upon the call of the Chairman or a 
majority of its members. Seven members of the Commission shall 
constitute a quorum. Any vacancy in the Commission shall not 
affect its powers but shall be filled in the same manner in 
which the original appointment was made.
    (e) Appointment of Members; Initial Meeting.--(1) It is the 
sense of the Congress that members of the Commission should be 
appointed not later than 60 days after the date of enactment of 
this title.
    (2) If after 60 days from the date of enactment of this Act 
seven or more members of the Commission have been appointed, 
those members who have been appointed may meet and select a 
Chairman who thereafter shall have authority to begin the 
operations of the Commission, including the hiring of staff.

SEC. 905.\192\ FUNCTIONS OF THE COMMISSION.

    The functions of the Commission shall be--
          (1) to conduct, for a period of 2 years from the date 
        of its first meeting, an investigation into all matters 
        in any way related to any legislation, executive order, 
        regulation, practice, or procedure relating to 
        classified information or granting security clearances; 
        and
          (2) to submit to the Congress a final report 
        containing such recommendations concerning the 
        classification of national security information and the 
        granting of security clearances as the Commission shall 
        determine, including proposing new procedures, rules, 
        regulations, or legislation.

SEC. 906.\192\ POWERS OF THE COMMISSION.

    (a) In General.--(1) The Commission or, on the 
authorization of the Commission, any subcommittee or member 
thereof, may, for the purpose of carrying out the provisions of 
this title--
          (A) hold such hearings and sit and act at such times 
        and places, take such testimony, receive such evidence, 
        administer such oaths, and
          (B) require, by subpoena or otherwise, the attendance 
        and testimony of such witnesses and the production of 
        such books, records, correspondence, memoranda, papers, 
        and documents,
as the Commission or such designated subcommittee or designated 
member may deem advisable.
    (2) Subpoenas issued under paragraph (1)(B) may be issued 
under the signature of the Chairman of the Commission, the 
chairman of any designated subcommittee, or any designated 
member, and may be served by any person designated by such 
Chairman, subcommittee chairman, or member. The provisions of 
sections 102 through 104 of the Revised Statutes of the United 
States (2 U.S.C. 192-194) shall apply in the case of any 
failure of any witness to comply with any subpoena or to 
testify when summoned under authority of this section.
    (b) Contracting.--The Commission may, to such extent and in 
such amounts as are provided in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties 
under this title.
    (c) Information From Federal Agencies.--The Commission is 
authorized to secure directly from any executive department, 
bureau, agency, board, commission, office, independent 
establishment, or instrumentality of the Government 
information, suggestions, estimates, and statistics for the 
purposes of this title. Each such department, bureau, agency, 
board, commission, office, establishment, or instrumentality 
shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics directly to 
the Commission, upon request made by the Chairman.
    (d) \193\ Assistance From Federal Agencies.--(1) The 
Secretary of State is authorized on a reimbursable or non-
reimbursable basis to provide the Commission with 
administrative services, funds, facilities, staff, and other 
support services for the performance of the Commission's 
functions.
---------------------------------------------------------------------------
    \193\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for Management (Department of 
State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 
F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 
1992).
---------------------------------------------------------------------------
    (2) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis such administrative 
support services as the Commission may request.
    (3) In addition to the assistance set forth in paragraphs 
(1) and (2), departments and agencies of the United States are 
authorized to provide to the Commission such services, funds, 
facilities, staff, and other support services as they may deem 
advisable and as may be authorized by law.
    (e) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
    (f) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as departments and agencies of the United States.

SEC. 907.\192\ STAFF OF THE COMMISSION.

    (a) In General.--The Chairman, in accordance with rules 
agreed upon by the Commission, may appoint and fix the 
compensation of a staff director and such other personnel as 
may be necessary to enable the Commission to carry out its 
functions, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no 
rate of pay fixed under this subsection may exceed the 
equivalent of that payable to a person occupying a position at 
level V of the Executive Schedule under section 5316 of title 
5, United States Code. Any Federal Government employee may be 
detailed to the Commission without reimbursement from the 
Commission, and such detailee shall retain the rights, status, 
and privileges of his or her regular employment without 
interruption.
    (b) Consultant Services.--The Commission is authorized to 
procure the services of experts and consultants in accordance 
with section 3109 of title 5, United States Code, but at rates 
not to exceed the daily rate paid a person occupying a position 
at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.

SEC. 908.\192\ COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--(1) Except as provided in paragraph (2), 
each member of the Commission may be compensated at not to 
exceed the daily equivalent of the annual rate of basic pay in 
effect for a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, for each day 
during which that member is engaged in the actual performance 
of the duties of the Commission.
    (2) Members of the Commission who are officers or employees 
of the United States or Members of Congress shall receive no 
additional pay on account of their service on the Commission.
    (b) Travel Expenses.--While away from their homes or 
regular places of business in the performance of services for 
the Commission, members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, in 
the same manner as persons employed intermittently in the 
Government service are allowed expenses under section 5703(b) 
of title 5, United States Code.

SEC. 909.\192\ SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate executive departments and agencies shall 
cooperate with the Commission in expeditiously providing to the 
Commission members and staff appropriate security clearances in 
a manner consistent with existing procedures and requirements, 
except that no person shall be provided with access to 
classified information pursuant to this section who would not 
otherwise qualify for such security clearance.

SEC. 910.\192\ FINAL REPORT OF COMMISSION; TERMINATION.

    (a) Final Report.--Not later than two years after the date 
of the first meeting of the Commission, the Commission shall 
submit to the Congress its final report, as described in 
section 905(2).
    (b) Termination.--(1) The Commission, and all the 
authorities of this title, shall terminate on the date which is 
60 days after the date on which a final report is required to 
be transmitted under subsection (a).
    (2) The Commission may use the 60-day period referred to in 
paragraph (1) for the purpose of concluding its activities, 
including providing testimony to committees of Congress 
concerning its final report and disseminating that report.
   i. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved 
     October 28, 1991; amended by Public Law 102-182 [Chemical and 
 Biological Weapons Control and Warfare Elimination Act of 1991; title 
 III of H.R. 1724], 105 Stat. 1233, approved December 4, 1991; Public 
 Law 102-395 [Department of State and Related Agencies Appropriations 
  Act, 1993; H.R. 5678], 106 Stat. 1828 at 1864, approved October 6, 
  1992; Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 
  3320, approved October 24, 1992; Public Law 103-149 [South African 
Democratic Transition Support Act of 1993; H.R. 3225], 107 Stat. 1503, 
 approved November 23, 1993; Public Law 103-199 [FRIENDSHIP Act, H.R. 
 3000], 107 Stat. 2317, approved December 17, 1993; Public Law 103-236 
[Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 
   2333], 108 Stat. 382, approved April 30, 1994; Public Law 104-208 
 [Illegal Immigration Reform and Immigrant Responsibility Act of 1996; 
 division C of the Omnibus Consolidated Appropriations Act, 1997; H.R. 
 3610], 110 Stat. 3009, approved September 30, 1996; and by Public Law 
     105-277 [Foreign Affairs Agencies Consolidation Act of 1998; 
subdivision A of division G of H.R. 4328], 112 Stat. 2681-765, approved 
                            October 21, 1998


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.



 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

                                                                    Page

Sec. 1. Short title...............................................   295
Sec. 2. Table of contents.........................................   295

                      TITLE I--DEPARTMENT OF STATE

                 Part A--Authorization of Appropriations

Sec. 101. Administration of foreign affairs.......................   298
Sec. 102. International organizations and conferences.............   302
Sec. 103. International commissions...............................   304
Sec. 104. Migration and refugee assistance........................   305
Sec. 105. Other programs..........................................   306

         Part B--Department of State Authorities and Activities

Sec. 111. Technical amendment [amends other legislation]
Sec. 112. Consular and diplomatic posts abroad [amends other 
    legislation]
Sec. 113. Denial of passports [amends other legislation]
Sec. 114. Emergencies in the diplomatic and consular service 
    [amends other legislation]
Sec. 115. Lease authority [amends other legislation]
Sec. 116. Multiyear contracting for Moscow........................   307
Sec. 117. Transfers and reprogrammings [amends other legislation]
Sec. 118. Administrative services [amends other legislation]
Sec. 119. International meetings [amends other legislation]
Sec. 120. Availability of funds [amends other legislation]
Sec. 121. Childcare facilities at certain posts abroad [amends 
    other legislation]
Sec. 122. Assistant Secretary of State for South Asian Affairs....   308
Sec. 123. Fees received for use of Blair House [amends other 
    legislation]
Sec. 124. Foreign Service Institute facilities [amends other 
    legislation]
Sec. 125. Maintenance management of overseas property.............   308
Sec. 126. Defense trade controls registration fees [amends other 
    legislation]
Sec. 127. Denial of certain visas [amends other legislation]
Sec. 128. Visa lookout systems....................................   309
Sec. 129. Prohibition on issuance of Israel-only passports........   310

               Part C--Diplomatic Reciprocity and Security

Sec. 131. Diplomatic construction program [amends other 
    legislation]
Sec. 132. Construction of diplomatic facilities...................   311
Sec. 134. Special agents..........................................   312
Sec. 135. Protection for United Nations facilities and missions...   313
Sec. 136. Study of construction security needs....................   313

                            Part D--Personnel

Sec. 141. Ambassadorial appointments [amends other legislation]
Sec. 142. Chief of mission salary [amends other legislation]
Sec. 143. Authority of Secretary to suspend employees convicted of 
    crimes [amends other legislation]
Sec. 144. Commissary access [amends other legislation]
Sec. 145. Storage of personal effects [amends other legislation]
Sec. 146. Transportation of remains [amends other legislation]
Sec. 147. Amendments to title 5 [amends other legislation]
Sec. 148. Voluntary leave bank program [amends other legislation]
Sec. 149. Reassignment and retirement of Presidential appointees 
    [amends other legislation]
Sec. 150. Commission to study personnel questions at the 
    Department of State...........................................   313
Sec. 151. Foreign national employees separation pay...............   315
Sec. 152. Local compensation plans for United States citizens 
    residing abroad [amends other legislation]
Sec. 153. Grievances based on alleged discrimination [amends other 
    legislation]
Sec. 154. Compensation for loss of personal property incident to 
    service.......................................................   315
Sec. 155. Language training in the Foreign Service................   315

                   Part E--International Organizations

Sec. 161. Material donations to United Nations peacekeeping 
    operations....................................................   316
Sec. 163. Report to Congress concerning United Nations secondment 
    [amends other legislation]
Sec. 164. Permanent International Association of Road Congresses..   316
Sec. 165. International Boundary and Water Commission [amends 
    other legislation]
Sec. 166. International Fisheries Commissions advance payments 
    [amends other legislation]
Sec. 167. Japan-United States Friendship Commission [amends other 
    legislation]
Sec. 168. British-American Interparliamentary Group...............   316
Sec. 169. United States delegation to the Parliamentary Assembly 
    of the Conference on Security and Cooperation in Europe (CSCE)   317
Sec. 170. Report concerning the United Nations Educational, 
    Scientific, and Cultural Organization.........................   319
Sec. 171. Report of Commission on Security and Cooperation in 
    Europe [amends other legislation]
Sec. 172. Intergovernmental negotiating committee for a framework 
    convention on climate change report...........................   319
Sec. 173. Inter-American Foundation [amends other legislation]
Sec. 174. Housing benefits of the United States mission to the 
    United Nations................................................   319
Sec. 175. Enhanced support for United Nations peacekeeping........   320
Sec. 176. Special purpose international organizations.............   320
Sec. 177. Great Lakes Fishery Commission..........................   321
Sec. 178. Inter-American organizations............................   321
Sec. 179. International Coffee Organization.......................   321
Sec. 180. Appointment of special coordinator for water policy 
    negotiations and water resources policy.......................   321
Sec. 181. Employment of U.S. citizens by international 
    organizations.................................................   322

                    Part F--Miscellaneous Provisions

Sec. 191. Travel advisory for Jalisco, Mexico.....................   322
Sec. 192. Implementation of the Nairobi forward-looking strategies 
    for the advancement of women..................................   322
Sec. 193. Study of technical security and counterintelligence 
    capabilities..................................................   322
Sec. 194. Study of sexual harassment at the Department of State...   323
Sec. 195. Prohibition against fraudulent use of ``Made in 
    America'' labels..............................................   323
Sec. 196. Deadline for responses to questions from congressional 
    committees....................................................   323
Sec. 197. International credit reports............................   324
Sec. 198. Foreign Relations of the United States Historical Series   324

    Title II--United States Informational, Educational, and Cultural 
                                Programs

        Part A--United States Information Agency [see page 1279]

Sec. 201. Authorization of appropriations
Sec. 202. Reprogramming of funds
Sec. 203. Authority of the Secretary
Sec. 204. Basic authority
Sec. 205. Payment of certain expenses for participants
Sec. 206. USIA posts and personnel overseas
Sec. 207. Implementation of Beirut agreement
Sec. 208. Center for cultural and technical interchange between 
    north and south [see page 1437]
Sec. 209. Soviet-Eastern European Research and training
Sec. 210. Claude and Mildred Pepper Scholarship Program
Sec. 211. Program review of NED
Sec. 212. USIA grants
Sec. 213. Distribution within the United States of United States 
    Information Agency photographic works of Richard Saunders
Sec. 214. Israeli Arab scholarship program
Sec. 215. Eligibility of NED for grants
Sec. 216. Establishment of USIA office in Vientiane, Laos

   Part B--Bureau of Educational and Cultural Affairs [see page 1295]

Sec. 221. Authorization of appropriations
Sec. 222. Fulbright exchange programs enhancement
Sec. 223. USIA cultural center in Kosovo
Sec. 224. Conforming amendment on certain USIA scholarships
Sec. 226. Enhanced educational exchange programs
Sec. 227. Law and business training program for graduate students 
    from the Soviet Union, Lithuania, Latvia, and Estonia
Sec. 228. Near and Middle East research and training
Sec. 229. Scholarships for Vietnamese

             Part C--Bureau of Broadcasting [see page 1502]

Sec. 231. Authorization of appropriations
Sec. 232. Television Broadcasting to Cuba Act
Sec. 233. Yugoslavian programming within the Voice of America
Sec. 234. Voice of America broadcasts in Kurdish
Sec. 235. Reports on the future of international broadcasting

      Part D--Board for International Broadcasting [see page 1504]

Sec. 241. Authorization of appropriations
Sec. 242. Board for International Broadcasting Act
Sec. 243. Broadcasting to China
Sec. 244. Policy on Radio Free Europe

           TITLE III--MISCELLANEOUS FOREIGN POLICY PROVISIONS

                    Part A--Foreign Policy Provisions

Sec. 301. Persian Gulf war criminals..............................   326
Sec. 302. Benefits for United States hostages captured in Lebanon 
    [amends other legislation]
Sec. 303. Reports concerning China................................   327
Sec. 304. Report on terrorist assets in the United States.........   329

                 Part B--Arms Control and Proliferation

Sec. 321. Limitation on rescission of prohibitions applicable to 
    terrorist countries [amends other legislation]
Sec. 322. Policy on Middle East arms sales........................   329
Sec. 323. Missile technology [amends other legislation]
Sec. 324. Report on Chinese weapons proliferation practices.......   330
Sec. 325. Report on SS-23 missiles................................   330

                    Part C--Declarations of Congress

Sec. 351. Reciprocal diplomatic status with Mexico................   331
Sec. 352. United States presence in Lithuania, Latvia, and Estonia   331
Sec. 353. Laotian-American relations..............................   331
Sec. 354. POW/MIA status..........................................   331
Sec. 355. China's illegal control of Tibet........................   332
Sec. 356. Release of prisoners held in Iraq.......................   333
Sec. 357. Policy toward Hong Kong.................................   333
Sec. 358. Policy toward Taiwan....................................   333
Sec. 359. Human rights abuses in East Timor.......................   334
Sec. 360. Support for new democracies.............................   334
Sec. 361. Policy regarding United States assistance to the Soviet 
    Union and Yugoslavia..........................................   335
Sec. 363. United States tactical nuclear weapons designed for 
    deployment in Europe..........................................   335
Sec. 364. United States support for UNCED.........................   336

   TITLE IV--ARMS TRANSFERS RESTRAINT POLICY FOR THE MIDDLE EAST AND 
                           PERSIAN GULF REGION

Sec. 401. Findings................................................   336
Sec. 402. Multilateral arms transfer and control regime...........   338
Sec. 403. Limitation on United States arms sales to the region....   340
Sec. 404. Reports to the Congress.................................   340
Sec. 405. Relevant congressional committees defined...............   341

                      TITLE I--DEPARTMENT OF STATE

                PART A--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

  (a) Diplomatic and Ongoing Operations.--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 (other than the diplomatic 
security program):
          (1) \2\ Salaries and expenses.--For ``Salaries and 
        Expenses'', of the Department of State $1,725,005,000 
        for the fiscal year 1992 and $1,822,650,000 for the 
        fiscal year 1993.
---------------------------------------------------------------------------
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 816), provided 
$2,015,335,000 for ``Salaries and Expenses'' for fiscal year 1992.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1864), provided 
$2,134,000,000 for ``Salaries and Expenses'' for fiscal year 1993.
---------------------------------------------------------------------------
          (2) \3\ Acquisition and maintenance of buildings 
        abroad.--For ``Acquisition and Maintenance of Buildings 
        Abroad'', $304,034,000 for the fiscal year 1992 and 
        $300,192,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \3\ For ``Acquisition and Maintenance of Building Abroad'', the 
Department of State and Related Agencies Appropriations Act, 1992 
(title V of Public Law 102-140; 105 Stat. 817), provided 
``$545,000,000, of which $100,000,000 is available for construction of 
chancery facilities in Moscow, U.S.S.R., to remain available until 
expended as authorized by 22 U.S.C. 2696(c): Provided, That none of the 
funds appropriated in this paragraph shall be available for acquisition 
of furniture and furnishings and generators for other departments and 
agencies.''.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1865), provided ``$570,500,000, of which not to exceed $140,000,000 is 
available for construction of chancery facilities in Moscow, Russian 
Federation, to remain available until expended as authorized by 22 
U.S.C. 2696(c): Provided, That none of the funds appropriated in this 
paragraph shall be available for acquisition of furniture and 
furnishings and generators for other departments and agencies.''.
---------------------------------------------------------------------------
          (3) \4\ Representation allowances.--For 
        ``Representation Allowances'', $4,802,000 for the 
        fiscal year 1992 and $5,000,000 for the fiscal year 
        1993.
---------------------------------------------------------------------------
    \4\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided 
$4,802,000, for ``Representation Allowances'', for fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1865), provided $4,900,000, for ``Representation Allowances''.
---------------------------------------------------------------------------
          (4) \5\ Emergencies in the diplomatic and consular 
        service.--For ``Emergencies in the Diplomatic and 
        Consular Service'', $7,500,000 for the fiscal year 1992 
        and $8,000,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \5\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided 
$7,500,000 for ``Emergencies in the Diplomatic and Consular Service'', 
for fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866), provided:
    `` * * * $8,000,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c): Provided, That not more than 
$1,000,000 shall be available for representation expenses.
    ``In addition, notwithstanding any other provision of law, funds 
appropriated to the Emergencies in the Diplomatic and Consular Service 
appropriation in Public Law 102-27, Emergency Supplemental 
Appropriations Act, Fiscal Year 1991, are available for any and all 
unforeseen emergencies that may arise in fiscal year 1992 and 
thereafter, pursuant to the requirements of 31 U.S.C. 3526(e).''.
---------------------------------------------------------------------------
          (5) \6\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $23,928,000 for 
        the fiscal year 1992 and $26,650,000 for the fiscal 
        year 1993.
---------------------------------------------------------------------------
    \6\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided 
$23,037,000, for the ``Office of the Inspector General'', for fiscal 
year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1865), provided:
---------------------------------------------------------------------------

                     ``office of inspector general
---------------------------------------------------------------------------
    ``For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), 
$15,805,000.''.
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          (6) \7\ Payment to the american institute in 
        taiwan.--For ``Payment to the American Institute in 
        Taiwan'', $13,784,000 for the fiscal year 1992 and 
        $14,500,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \7\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 818), provided 
$13,784,000, for ``Payment to the American Institute in Taiwan''.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866), provided $15,543,000.
---------------------------------------------------------------------------
          (7) \3\ Moscow embassy.--For ``Acquisition and 
        Maintenance of Buildings Abroad'', subject to the 
        provisions of section 132, for construction of a new 
        United States Embassy office building in Moscow, Soviet 
        Union, $130,000,000 for fiscal year 1992 and 
        $130,000,000 for fiscal year 1993. Amounts appropriated 
        under this paragraph are authorized to be available 
        until expended.
  (b) Diplomatic Security Program.--In addition to amounts 
authorized to be appropriated by subsection (a), the following 
amounts are authorized to be appropriated under 
``Administration of Foreign Affairs'' for the fiscal years 1992 
and 1993 for the Department of State to carry out the 
diplomatic security program:
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $299,828,000 for the fiscal year 1992 and 
        $315,000,000 for the fiscal year 1993. Of the amounts 
        authorized to be appropriated by this paragraph 
        $4,000,000 is authorized to be appropriated for each of 
        the fiscal years 1992 and 1993 for ``counterterrorism, 
        research, and development''.
          (2) \8\ Protection of foreign missions and 
        officials.--For ``Protection of Foreign Missions and 
        Officials'', $11,464,000 for the fiscal year 1992 and 
        $16,464,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \8\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided 
$10,464,000, for``Protection of Foreign Missions and Officials'', for 
fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866), provided $10,814,000.
---------------------------------------------------------------------------
  (c) Limitations.--
          (1) Of the amount authorized to be appropriated for 
        ``Emergencies in the Diplomatic and Consular Service'' 
        under subsection (a)(4), not more than $2,000,000 for 
        each of the fiscal years 1992 and 1993 is authorized to 
        be appropriated for activities authorized under 
        subparagraphs (C), (D), (E), (F), (G), (H), and (J) of 
        section 4(b)(2) of the State Department Basic 
        Authorities Act of 1956.
          (2) Of the amount authorized to be appropriated for 
        ``Salaries and Expenses'' under subsection (a)(1)--
                  (A) $10,000,000 for each of the fiscal years 
                1992 and 1993 is authorized to be available for 
                the Foreign Service Institute and the 
                Geographic Bureaus for language training 
                programs;
                  (B) not more than $4,100,000 shall be 
                available for fiscal year 1992, and not more 
                than $5,400,000 shall be available for fiscal 
                year 1993, only for procurement of ADP 
                equipment for the Beltsville Information 
                Management Center;
                  (C) not more than $750,000 of the amounts 
                appropriated for fiscal year 1992 are 
                authorized to be available until expended to 
                pay shared costs of the Conference on Security 
                and Cooperation in Europe (CSCE) parliamentary 
                meetings and CSCE parliamentary assessments 
                (including shared costs of the CSCE 
                Secretariat) and any shared costs and 
                assessments for CSCE parliamentary activities 
                for fiscal year 1991;
                  (D) for the fiscal year 1992--
                          (i) $550,000 is authorized for United 
                        States preparations and related travel 
                        for the 1992 United Nations Conference 
                        on Environment and Development (UNCED), 
                        for United States contributions to the 
                        Voluntary Fund for UNCED, and for 
                        United States contributions to the 
                        Trust Fund for Preparatory Activities; 
                        and
                          (ii) up to $25,000 is authorized on a 
                        matching grant basis to promote 
                        participation in the UNCED and in the 
                        UNCED preparatory conferences by 
                        nongovernmental organizations; and
                  (E) $1,500,000 is authorized to be available 
                for fiscal year 1993 for the Department of 
                State to enter into contracts with the 
                International Career Program in order for 
                students from historically-black colleges and 
                universities to enter into programs of 
                recruitment and training for careers in the 
                Foreign Service and in other areas of 
                international affairs.
          (3) Of the amount authorized to be appropriated for 
        ``Acquisition and Maintenance of Buildings Abroad'' 
        under subsection (a)(2) not more than $41,500,000 shall 
        be available for fiscal year 1992, and not more than 
        $44,700,000 for fiscal year 1993, for administration.
          (4) Of the amount authorized to be appropriated for 
        ``Acquisition and Maintenance of Buildings Abroad'' 
        under subsection (a)(2) and amounts authorized to be 
        appropriated under section 401 of the Omnibus 
        Diplomatic Security and Antiterrorism Act of 1986 a 
        total of not more than $55,466,000 is authorized to be 
        appropriated for fiscal year 1992 for capital programs.
          (5) \9\ Funds authorized to be appropriated by 
        subsection (a)(1) are also authorized to be 
        appropriated under the heading ``Repatriation Loans 
        Program Account'' for the administrative expenses of 
        such program.
---------------------------------------------------------------------------
    \9\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 817), provided the 
following:
---------------------------------------------------------------------------

                  ``repatriation loans program account
---------------------------------------------------------------------------
    ``For the cost, as defined in section 13201 of the Budget 
Enforcement Act of 1990, of direct loans as authorized by 22 U.S.C. 
2671 as follows: Cost of direct loans, $74,000: Provided, That these 
funds are available to subsidize gross obligations for the principal 
amount of direct loans of not to exceed $780,000. In addition, for 
administrative expenses necessary to carry out the direct loan program, 
$145,000 which may be transferred to and merged with the Salaries and 
Expenses account under Administration of Foreign Affairs.''.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866), provided:
---------------------------------------------------------------------------

                  ``repatriation loans program account
---------------------------------------------------------------------------
    ``For the cost of direct loans, $624,000, as authorized by 22 
U.S.C. 2671: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974. In addition, for administrative expenses necessary 
to carry out the direct loan program, $193,000 which may be transferred 
to and merged with the Salaries and Expenses account under 
Administration of Foreign Affairs.''.
---------------------------------------------------------------------------
          (6) Amounts appropriated for ``Acquisition and 
        Maintenance of Buildings Abroad'' pursuant to this 
        section, and made available for new posts in Estonia, 
        Latvia, Lithuania, republics in the Soviet Union, and 
        republics which have declared independence from the 
        Soviet Union, shall be treated as a reprogramming of 
        funds under section 34 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2706) and shall not 
        be available for obligation or expenditure except in 
        compliance with the procedures applicable to such 
        reprogramming.

SEC. 102. INTERNATIONAL ORGANIZATIONS AND CONFERENCES.

  (a) \10\ Assessed Contributions to International 
Organizations.--(1) There are authorized to be appropriated for 
``Contributions to International Organizations'', 
$1,120,541,000 for the fiscal year 1992 and $766,681,000 for 
the fiscal year 1993 for the Department of State to carry out 
the authorities, functions, duties, and responsibilities in the 
conduct of foreign affairs of the United States with respect to 
international organizations and to carry out other authorities 
in law consistent with such purposes.
---------------------------------------------------------------------------
    \10\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 818), provided ``* 
* * $842,384,000, of which not to exceed $92,719,000 is available to 
pay arrearages, the payment of which shall be directed toward special 
activities that are mutually agreed upon by the United States and the 
respective international organization: Provided, That none of the funds 
appropriated in this paragraph shall be available for a United States 
contribution to an international organization for the United States 
share of interest costs made known to the United States Government by 
such organization for loans incurred on or after October 1, 1984, 
through external borrowings.''.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866; 22 U.S.C. 269a note), provided:
---------------------------------------------------------------------------

             ``International Organizations and Conferences

             ``contributions to international organizations
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$913,214,000, of which not to exceed $92,719,000 is available to pay 
arrearages, the payment of which shall be directed toward special 
activities that are mutually agreed upon by the United States and the 
respective international organization: Provided, That none of the funds 
appropriated in this paragraph shall be available for a United States 
contribution to an international organization for the United States 
share of interest costs made known to the United States Government by 
such organization for loans incurred on or after October 1, 1984, 
through external borrowings.''.
    Sec. 2(c) of the International Peacekeeping Act of 1992 (Public Law 
102-311; 106 Stat. 277) authorized the following:
    ``(c) Contributions to International Organizations.--In addition to 
such amounts as are authorized to be appropriated in section 102(a) of 
the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, 
there are authorized to be appropriated $53,814,000 for fiscal year 
1993 for `Contributions to International Organizations'.''.
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  (2) Of the amounts authorized to be appropriated under 
paragraph (1) for fiscal year 1992, not more than $370,876,000 
are authorized to be appropriated to pay arrearages for 
assessed contributions for prior years, of which not more than 
$92,719,000 may be made available for obligation or expenditure 
during each of the fiscal years 1992, 1993, 1994, and 1995. 
Authorizations of appropriations for arrearage payments under 
this subsection shall be available until the appropriations are 
made.
  (3) \11\ None of the amounts authorized to be appropriated 
under paragraph (2) shall be disbursed to the United Nations or 
any affiliated organization until the President reports to the 
Congress the specific elements of the plan by which the United 
Nations, and each affiliated organization authorized to receive 
such funds, intends to expend or otherwise use such funds.
---------------------------------------------------------------------------
    \11\ In a memorandum of February 10, 1992, the President delegated 
functions in sections 102(a)(3) and 162(b) and (d), relating to payment 
to the United Nations and its specialized agencies of U.S. assessments 
and arrears, to the Secretary of State in coordination with the 
Director of the Office of Management and Budget and the Assistant to 
the President for National Security Affairs (57 F.R. 5365; February 14, 
1992).
    Such functions were further delegated to the Under Secretary for 
Management, in coordination with the Director of the Office of 
Management and Budget and the Assistant to the President for National 
Security Affairs, by Delegation of Authority No. 193, January 7, 1992 
(Public Notice 1555; 57 F.R. 2298; January 21, 1992), as amended by 
Delegation of Authority 193-3 of June 25, 1992 (Public Notice 1661; 57 
F.R. 32042; July 20, 1992).
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  (b) \12\ Contributions to International Peacekeeping 
Activities.--(1) There are authorized to be appropriated for 
``Contributions to International Peacekeeping Activities'', 
$201,292,000 for the fiscal year 1992 and $72,254,000 for the 
fiscal year 1993, 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.
---------------------------------------------------------------------------
    \12\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 818), provided 
$107,229,000, of which not to exceed $38,360,000, shall be made 
available to pay arrearages, for United Nations peacekeeping forces, 
for fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1866), provided:
---------------------------------------------------------------------------

       ``contributions for international peacekeeping activities
---------------------------------------------------------------------------
    ``For payments, not otherwise provided for, by the United States 
for expenses of the United Nations peacekeeping forces, as authorized 
by law, $460,315,000 of which not to exceed $21,992,000 is available to 
pay arrearages: Provided, That funds shall be available for the United 
Nations Transitional Authority in Cambodia (UNTAC) only upon a 
certification by the Secretary of State to the appropriate committees 
of the Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services and material for 
UNTAC equal to those being given to foreign manufacturers and 
suppliers, and that the United States Mission to the United Nations has 
established procedures to provide information on all United Nations 
procurement regulations and solicitations to American manufacturers and 
suppliers.''.
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  (2) Of the amounts authorized to be appropriated by paragraph 
(1) for the fiscal year 1992, not more than $132,423,000 are 
authorized to be appropriated to pay arrearages, of which not 
more than $38,400,000 may be made available for obligation or 
expenditure during the fiscal year 1992 and not more than 
$31,400,000 may be made available for obligation or expenditure 
for each of the fiscal years 1993, 1994, and 1995. 
Authorizations of appropriations for arrearage payments under 
this subsection shall be available until the appropriations are 
made.\12\
  (c) \13\ International Conferences and Contingencies.--There 
are authorized to be appropriated for ``International 
Conferences and Contingencies'', $5,500,000 for the fiscal year 
1992 and $5,775,000 for the fiscal year 1993 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.
---------------------------------------------------------------------------
    \13\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 818), provided 
$5,500,000, for ``International Conferences and Contingencies'', for 
fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1867), provided:
---------------------------------------------------------------------------

             ``international conferences and contingencies
---------------------------------------------------------------------------
    ``For necessary expenses authorized by section 5 of the State 
Department Basic Authorities Act of 1956, in addition to funds 
otherwise available for these purposes, contributions for the United 
States share of general expenses of international organizations and 
conferences and representation to such organizations and conferences as 
provided for by 22 U.S.C. 2656 and 2672 and personal services without 
regard to civil service and classification laws as authorized by 5 
U.S.C. 5102, $5,600,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be 
expended for representation as authorized by 22 U.S.C. 4085.''.
---------------------------------------------------------------------------

SEC. 103. 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) \14\ for ``Salaries and Expenses'' for 
                the fiscal year 1992, $11,400,000 and, for the 
                fiscal year 1993, $12,000,000; and
---------------------------------------------------------------------------
    \14\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 819), provided 
$11,400,000, for ``Salaries and Expenses'', for fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1867), provided $11,330,000.
---------------------------------------------------------------------------
                  (B) \15\ for ``Construction'' for the fiscal 
                year 1992, $10,525,000 and, for the fiscal year 
                1993, $19,925,000.
---------------------------------------------------------------------------
    \15\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 819), provided 
$10,277,000, for ``Construction'', for fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1867), provided $14,790,000.
---------------------------------------------------------------------------
          (2) \16\ International boundary commission, united 
        states and canada.--For ``International Boundary 
        Commission, United States and Canada'', $768,000 for 
        the fiscal year 1992 and $805,000 for the fiscal year 
        1993.
---------------------------------------------------------------------------
    \16\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 819), provided:
---------------------------------------------------------------------------

             ``american sections, international commissions
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided for, including not 
to exceed $9,000 for representation expenses incurred by the 
International Joint Commission, $4,500,000; for the International Joint 
Commission and the International Boundary Commission, as authorized by 
treaties between the United States and Canada or Great Britain.''.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1867), provided:
---------------------------------------------------------------------------

             ``american sections, international commissions
---------------------------------------------------------------------------
    ``For necessary expenses, not otherwise provided for, including not 
to exceed $9,000 for representation expenses incurred by the 
International Joint Commission, $4,403,000; for the International Joint 
Commission and the International Boundary Commission, as authorized by 
treaties between the United States and Canada or Great Britain.''.
---------------------------------------------------------------------------
          (3) \16\ International joint commission.--For 
        ``International Joint Commission'', $3,732,000 for the 
        fiscal year 1992 and $3,920,000 for the fiscal year 
        1993.
          (4) \17\ International fisheries commissions.--For 
        ``International Fisheries Commissions'', $14,000,000 
        for the fiscal year 1992 and $16,500,000 for the fiscal 
        year 1993.
---------------------------------------------------------------------------
    \17\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 819), provided 
$14,000,000, for ``International Fisheries Commissions'', for fiscal 
year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1868), provided:
---------------------------------------------------------------------------

                 ``international fisheries commissions
---------------------------------------------------------------------------
    ``For necessary expenses for international fisheries commissions, 
not otherwise provided for, as authorized by law, $14,200,000: 
Provided, That the United States share of such expenses may be advanced 
to the respective commissions, pursuant to 31 U.S.C. 3324.''.
---------------------------------------------------------------------------

SEC. 104.\18\ MIGRATION AND REFUGEE ASSISTANCE.
  (a) Authorization of Appropriations.--(1)(A) There are 
authorized to be appropriated for ``Migration and Refugee 
Assistance'' for authorized activities, $547,250,000 for the 
fiscal year 1992 and $592,250,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \18\ Appropriations for Migration and Refugee Assistance 
administered by the Department of State are provided in the annual 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act.
    Fiscal year 1992 appropriations levels and conditions were provided 
in H.R. 2621 as passed by the House on June 19, 1991, pursuant to secs. 
115 and 116 of Public Law 102-145 (105 Stat. 968). H.R. 2621 provided 
the following for fiscal year 1992:
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
refugees, including contributions to the Intergovernmental Committee 
for Migration and the United Nations High Commissioner for Refugees; 
salaries and expenses of personnel and dependents as authorized by the 
Foreign Service Act of 1980; allowances as authorized by sections 5921 
through 5925 of title 5, United States Code; hire of passenger motor 
vehicles; and services as authorized by section 3109 of title 5, United 
States Code; $630,000,000: Provided, That not less than $80,000,000 
shall be available for Soviet, Eastern European and other refugees 
resettling in Israel: Provided further, That not less than $1,500,000 
shall be available for Tibetan refugees: Provided further, That not 
less than $1,500,000 shall be available for voluntary repatriation of 
Hmong refugees from Thailand to Laos through nongovernmental 
organizations: Provided further, That not less than $315,000,000 shall 
be available for overseas refugee programs (in addition to amounts 
available for Soviet, Eastern European, and other refugees resettling 
in Israel): Provided further, That not more than $11,000,000 of the 
funds appropriated under this heading shall be available for the 
administrative expenses of the Office of Refugee Programs of the 
Department of State.
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $50,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this purpose.
    Fiscal year 1992 appropriations levels were reduced by 1.4781 
percent in sec. 126 of Public Law 102-145, as amended, to $620,688,000 
and $49,261,000 respectively.
    For fiscal year 1993, title II of the Foreign Operations, Export 
financing, and Related Programs Appropriations Act, 1993 (Public Law 
102-391; 106 Stat. 1652) provided the following:
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
refugees, including contributions to the Intergovernmental Committee 
for Migration and the United Nations High Commissioner for Refugees; 
salaries and expenses of personnel and dependents as authorized by the 
Foreign Service Act of 1980; allowances as authorized by sections 5921 
through 5925 of title 5, United States Code; hire of passenger motor 
vehicles; and services as authorized by section 3109 of title 5, United 
States Code; $620,688,000: Provided, That not less than $80,000,000 
shall be available for Soviet, Eastern European and other refugees 
resettling in Israel: Provided further, That not less than $35,000,000 
shall be available for refugees in Bosnia, Croatia, and Slovenia: 
Provided further, That in the event that circumstances make unlikely 
the effective use of any of the funds earmarked under this heading for 
Bosnia, Croatia, and Slovenia, such funds may be used for assistance 
for any purposes of this heading: Provided further, That not less than 
$1,500,000 shall be available for Tibetan refugees: Provided further, 
That not less than $315,000,000 shall be available for overseas refugee 
programs (in addition to amounts available for Soviet, Eastern 
European, and other refugees resettling in Israel): Provided further, 
That not more than $11,500,000 of the funds appropriated under this 
heading shall be available for the administrative expenses of the 
Office of Refugee Programs of the Department of State.
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $49,261,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this purpose.
---------------------------------------------------------------------------
  (B) Of the amounts authorized to be appropriated by 
subparagraph (A), $5,000,000 is authorized to be available for 
each of the fiscal years 1992 and 1993 for migration assistance 
to displaced ethnic Armenians resettling in Armenia.
  (2) There are authorized to be appropriated $80,000,000 for 
the fiscal year 1992 and $90,000,000 for the fiscal year 1993 
for assistance for refugees resettling in Israel.
  (3) There are authorized to be appropriated $1,750,000 for 
the fiscal year 1992, and $1,750,000 for the fiscal year 1993, 
for assistance to unaccompanied minor children and other cases 
of special humanitarian concern that have generally been 
referred to special committees established pursuant to the 
Comprehensive Plan of Action for Indochinese Refugees in first 
asylum countries in Southeast Asia and Hong Kong. The President 
shall seek to ensure that such assistance supplements, and does 
not supplant, United Nations High Commissioner for Refugees and 
other funding that would have been directed toward assistance 
to unaccompanied minors and other cases of special humanitarian 
concern in the absence of this paragraph. Assistance may be 
provided under this paragraph notwithstanding any other 
provision of law.
  (4) There are authorized to be appropriated $1,000,000 for 
fiscal year 1992 and $1,000,000 for fiscal year 1993 for 
humanitarian assistance, including but not limited to food, 
medicine, clothing, and medical and vocational training, to 
Burmese displaced as a result of civil conflict.
  (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to be available until expended.

SEC. 105. OTHER PROGRAMS.

  The following amounts are authorized to be appropriated for 
the Department of State to carry out the authorities, 
functions, duties, and responsibilities in the conduct of the 
foreign affairs of the United States and for other purposes 
authorized by law:
          (1) \19\ United states bilateral science and 
        technology agreements.--For ``United States Bilateral 
        Science and Technology Agreements'', $2,250,000 for the 
        fiscal year 1992 and $6,000,000 for the fiscal year 
        1993.
---------------------------------------------------------------------------
    \19\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 819), provided 
$4,500,000, for ``United States Bilateral Science and Technology 
Agreements'', for fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1868), provided $4,500,000.
---------------------------------------------------------------------------
          (2) \20\ Soviet-east european research and 
        training.--For ``Soviet-East European Research and 
        Training'', $4,784,000 for the fiscal year 1992 and 
        $5,025,000 for the fiscal year 1993.
---------------------------------------------------------------------------
    \20\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 819), provided 
$4,784,000, for ``Soviet-East European Research and Training'', for 
fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1868), provided the following:
---------------------------------------------------------------------------

  ``russian, eurasian, and east european research and training program
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, to enable the Secretary 
of State to carry out the provisions of title VIII of Public Law 98-
164, $4,961,000.''.
---------------------------------------------------------------------------
          (3) \21\ Asia foundation.--For ``Asia Foundation'', 
        $16,000,000 for the fiscal year 1992 and $18,000,000 
        for the fiscal year 1993.
---------------------------------------------------------------------------
    \21\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 819), provided 
$16,000,000, for ``Asia Foundation'', for fiscal year 1992.
    For fiscal year 1993, the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1868), provided $16,693,000.
---------------------------------------------------------------------------

         PART B--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

          * * * * * * *

SEC. 116.\22\ MULTIYEAR CONTRACTING FOR MOSCOW.

  (a) Multiyear Contract.--For purposes of this section the 
term ``multiyear contract'' means a contract in effect for a 
period not to exceed five years.
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    \22\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Management by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
  (b) Authority.--The Secretary of State may enter into 
multiyear contracts for the acquisition of property and the 
construction of diplomatic facilities in Moscow, as authorized 
by the Foreign Service Buildings Act, 1926, if--
          (1) there are sufficient funds available for United 
        States Government liability for--
                  (A) total payments under the full term of a 
                contract; or
                  (B) payments for the first fiscal year for 
                which the contract is in effect, and for all 
                estimated cancellation costs; and
          (2) the Secretary of State determines that--
                  (A) a multiyear contract will serve the best 
                interests of the United States Government by--
                          (i) achieving economies in 
                        administration, performance, and 
                        operation;
                          (ii) increasing quality of 
                        performance by, or service from, the 
                        contractor; or
                          (iii) encouraging effective 
                        competition; and
                  (B) a multiyear contract will not inhibit 
                small business concerns from submitting a bid 
                or proposal for such contract.
  (c) Contract Provisions.--
          (1) Unless funds are available for United States 
        liability for payments under the full term of a 
        multiyear contract, a multiyear contract shall provide 
        that United States Government payments and performance 
        under the contract during the second and any subsequent 
        fiscal year of the contract period are contingent on 
        the availability of funds for such year.
          (2) A multiyear contract may provide for payment to 
        the contractor of a reasonable cancellation charge for 
        a contingency under paragraph (1).
          (3) The Secretary is authorized to use such funds as 
        may be available from the Foreign Service Buildings 
        Fund for payments under paragraph (2).
  (d) Sunset Provision.--This section shall cease to have 
effect after September 30, 1993.
          * * * * * * *

SEC. 122.\23\ ASSISTANT SECRETARY OF STATE FOR SOUTH ASIAN AFFAIRS.

  (a) Establishment of Position.--There is established in the 
Department of State the position of Assistant Secretary of 
State for South Asian Affairs.\24\
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 2652b.
    \24\ Sec. 162(c)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out ``, which is in addition to the positions provided under the first 
section of the Act of May 26, 1949 (22 U.S.C. 2652)'' in subsec. (a).
---------------------------------------------------------------------------
  (b) Appointment.--The Assistant Secretary shall be appointed 
by the President, by and with the advice and consent of the 
Senate.
    (c) \25\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \25\ Sec. 162(c)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out subsec. (c), which defined the responsibilities of the Assistance 
Secretary of State for South Asian Affairs as those relating to 
``India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Afghanistan, 
and the Maldives''.
---------------------------------------------------------------------------
  (d) \24\ Conforming Amendment.--
          (1) \26\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \26\ Sec. 162(c)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out subsec. (d)(1), which had amended 5 USC 5315 to provide for the 
position of ``Assistant Secretary for South Asian Affairs, Department 
of State.'' in the U.S. Code. See also sec. 1 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2662), as amended by sec. 161 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, 
which states the organization of the Department of State including the 
establishment of 20 Assistant Secretaries of State (sec. 1(c)).
---------------------------------------------------------------------------
          (2) Effective date.--The amendment made by paragraph 
        (1) shall take effect on October 1, 1991.
  (e) \27\ Implementation.--In order to carry out this section, 
the Secretary of State shall reprogram the position of Deputy 
Assistant Secretary for South Asian Affairs.
---------------------------------------------------------------------------
    \27\ Functions vested in the Secretary of State in this subsection 
were further delegated to the Under Secretary for Management by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 125. MAINTENANCE MANAGEMENT OF OVERSEAS PROPERTY.

  The Director of the Office of Foreign Buildings Operations 
shall--
          (1) direct overseas posts to make annual building 
        condition assessments of buildings and facilities used 
        by the post;
          (2) not later than 90 days after the date of the 
        enactment of this Act, revise the Foreign Affairs 
        Manual to stipulate that the Buildings and Maintenance 
        Handbook shall be used by each post to identify their 
        maintenance needs, standardize their maintenance 
        operations, and conduct annual assessments as required 
        by paragraph (1);
          (3) direct the Office of Foreign Buildings Operations 
        to provide proper training and assistance to posts to 
        ensure that annual surveys are effectively completed; 
        and
          (4) direct overseas posts to ensure that all 
        maintenance program fiscal transactions are properly 
        encoded in the Department of State accounting system to 
        enable compilation of actual expenditures on routine 
        maintenance and specific maintenance funded by the 
        Office of Foreign Buildings Operations.
          * * * * * * *

SEC. 128.\28\ VISA LOOKOUT SYSTEMS.

  (a) Visas.--The Secretary of State may not include in the 
Automated Visa Lookout System, or in any other system or list 
which maintains information about the inadmissibility \29\ of 
aliens under the Immigration and Nationality Act, the name of 
any alien who is not inadmissible \29\ from the United States 
under the Immigration and Nationality Act, subject to the 
provisions of this section.
---------------------------------------------------------------------------
    \28\ 8 U.S.C. 1182 note. Functions vested in the Secretary of State 
in this section were further delegated to the Under Secretary for 
Management by Delegation of Authority No. 193, January 7, 1992 (Public 
Notice 1555; 57 F.R. 2298; January 21, 1992).
    Sec. 127 of this Act added a new sec. 51 to the State Department 
Basic Authorities Act (22 U.S.C. 2723), relating to the denial of 
certain visas.
    \29\ Sec. 308(d)(3)(C) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
110 Stat. 3009) struck out ``excludability'' and ``excludable'' and 
inserted in lieu thereof ``inadmissibility'' and ``inadmissible''.
---------------------------------------------------------------------------
  (b) Correction of Lists.--Not later than 3 years after the 
date of enactment of this Act, the Secretary of State shall--
          (1) correct the Automated Visa Lookout System, or any 
        other system or list which maintains information about 
        the excludability of aliens under the Immigration and 
        Nationality Act, by deleting the name of any alien not 
        excludable under the Immigration and Nationality Act; 
        and
          (2) report to the Congress concerning the completion 
        of such correction process.
  (c) Report on Correction Process.--
          (1) Not later than 90 days after the date of 
        enactment of this Act, the Secretary of State, in 
        coordination with the heads of other appropriate 
        Government agencies, shall prepare and submit to the 
        appropriate congressional committees, a plan which sets 
        forth the manner in which the Department of State will 
        correct the Automated Visa Lookout System, and any 
        other system or list as set forth in subsection (b).
          (2) Not later than 1 year after the date of enactment 
        of this Act, the Secretary of State shall report to the 
        appropriate congressional committees on the progress 
        made toward completing the correction of lists as set 
        forth in subsection (b).
  (d) Application.--This section refers to the Immigration and 
Nationality Act as in effect on and after June 1, 1991.
  (e) Limitation.--
          (1) The Secretary may add or retain in such system or 
        list the names of aliens who are not excludable only if 
        they are included for otherwise authorized law 
        enforcement purposes or other lawful purposes of the 
        Department of State. A name included for other lawful 
        purposes under this paragraph shall include a notation 
        which clearly and distinctly indicates that such person 
        is not presently excludable. The Secretary of State 
        shall adopt procedures to ensure that visas are not 
        denied to such individuals for any reason not set forth 
        in the Immigration and Nationality Act.
          (2) The Secretary shall publish in the Federal 
        Register regulations and standards concerning 
        maintenance and use by the Department of State of 
        systems and lists for purposes described in paragraph 
        (1).
          (3) Nothing in this section may be construed as 
        creating new authority or expanding any existing 
        authority for any activity not otherwise authorized by 
        law.
  (f) Definition.--As used in this section the term 
``appropriate congressional committees'' means the Committee on 
the Judiciary and the Committee on Foreign Affairs \30\ of the 
House of Representatives and the Committee on the Judiciary and 
the Committee on Foreign Relations of the Senate.
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    \30\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 129.\31\ PROHIBITION ON ISSUANCE OF ISRAEL-ONLY PASSPORTS.

  (a) Purpose.--It is the purpose of this section--
---------------------------------------------------------------------------
    \31\ Sec. 503 of the Department of State and Related Agencies 
Appropriations Act, 1992 (title V of Public Law 102-140; 105 Stat. 
820), provided the following:
    ``Sec. 503. None of the funds provided in this Act shall be used by 
the Department of State to issue any passport that is designated for 
travel only to Israel, and 90 days after the enactment of this Act, 
none of the funds provided in this Act shall be used by the Department 
of State to issue more than one official or diplomatic passport to any 
United States Government employee for the purpose of enabling that 
employee to acquiesce in or comply with the policy of the majority of 
Arab League nations of rejecting passports of, or denying entrance 
visas to, persons whose passports or other documents reflect that that 
person has visited Israel.''.
    Sec. 503 of the Department of State and Related Agencies 
Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 
1868), provided the following:
    ``Sec. 503. None of the funds made available by this Act may be 
obligated or expended by the Department of State for contracts with any 
foreign or United States firm that complies with the Arab League 
Boycott of the State of Israel or with any foreign or United States 
firm that discriminates in the award of subcontracts on the basis of 
religion: Provided, That the Secretary of State may waive this 
provision on a country-by-country basis upon certification to the 
Congress by the Secretary that such waiver is in the national interest 
and is necessary to carry on the diplomatic functions of the United 
States.''.
    Functions vested in the Secretary of State in this section were 
reserved to the Secretary of State by Delegation of Authority No. 193, 
January 7, 1992 (Public Notice 1555; 57 F.R. 2298; January 21, 1992).
    In Public Notices 1563 and 1564 of January 22, 1992, the Bureau of 
Consular Affairs, Department of State, announced the cancellation of 
all passports that are endorsed as valid only for travel to Israel, 
effective as of April 25, 1992, to expire on October 28, 2002 (57 F.R. 
3454 and 3282; January 29, 1992).
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          (1) to direct the Secretary of State to seek an end 
        to the policy of the majority of Arab League nations of 
        rejecting passports, and denying entrance visas to 
        persons whose passport or other documents reflect that 
        the holder has visited Israel, and to secure the 
        adoption of policies that assure that travel to such 
        Arab League nations by persons who have visited Israel 
        shall not be unreasonably impeded; and
          (2) to prohibit United States Government acquiescence 
        in the policy of the majority of Arab League nations of 
        rejecting Israel by rejecting passports of, and denying 
        entrance visas to, persons whose passport or other 
        documents reflect that the holder has visited Israel, 
        especially with respect to travel by officials of the 
        United States.
  (b) Negotiations.--The Secretary of State shall immediately 
undertake negotiations to seek an end to the policy of the 
majority of Arab League nations of rejecting passports of, and 
denying entrance visas to, private persons and officials of all 
nations whose passports or other documents reflect that the 
holder thereof has visited Israel.
  (c) Report to Congress.--The Secretary of State shall submit 
a report to the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate, and the Committee on 
Foreign Affairs \30\ and the Committee on Appropriations of the 
House of Representatives within 60 days of the date of 
enactment of this Act. The report shall describe the status of 
efforts to secure an end to the passport and visa policy of the 
majority of Arab League nations as described in subsection (a), 
and describe the prospects that such efforts would be 
successful within 90 days of the date of enactment of this Act.
  (d) Prohibition on the Issuance of Israel-Only Passports.--
          (1) Prohibition.--Notwithstanding any other provision 
        of law, the Secretary of State shall not issue any 
        passport that is designated for travel only to Israel.
          (2) Cancellation.--Not later than ninety days after 
        the date of enactment of this Act, the Secretary of 
        State shall promulgate regulations for the cancellation 
        not later than 180 days after the enactment of this Act 
        of any currently valid passport which is designated for 
        travel only to Israel.
  (e) Policy on Nonacquiescence.--
          (1) Requirement of single passport.--The Secretary of 
        State shall not issue more than one official or 
        diplomatic passport to any official of the United 
        States Government for the purpose of enabling that 
        official to acquiesce in or comply with the policy of 
        the majority of Arab League nations of rejecting 
        passports of, or denying entrance visas to, persons 
        whose passport or other documents reflect that the 
        person has visited Israel.
          (2)  Implementation of policy of noncompliance.--The 
        Secretary of State shall promulgate such rules and 
        regulations as are necessary to ensure that officials 
        of the United States Government do not comply with, or 
        acquiesce in, the policy of the majority of Arab League 
        nations of rejecting passports of, or denying entrance 
        visas to, persons whose passport or other documents 
        reflect that the person has visited Israel.
          (3) Effective date.--
                  (A) Except as provided in subparagraph (B), 
                this subsection shall take effect 90 days after 
                the date of enactment of this Act.
                  (B) If the report under subsection (c) is not 
                submitted within 60 days of the date of 
                enactment of this Act, this subsection shall 
                take effect 60 days after the date of enactment 
                of this Act.

              PART C--DIPLOMATIC RECIPROCITY AND SECURITY

          * * * * * * *

SEC. 132.\32\ CONSTRUCTION OF DIPLOMATIC FACILITIES.

    (a) \33\ Extraordinary Security Safeguards.--In carrying 
out the reconstruction project for the new chancery building at 
the United States Embassy in Moscow, the Secretary of State 
shall ensure that extraordinary security safeguards are 
implemented with respect to all aspects of security, including 
materials, logistics, construction methods, and site access.
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    \32\ Functions vested in the Secretary of State in this section 
(except sec. 132(f)(2), which was repealed by sec. 803 of Public Law 
102-511) were further delegated to the Under Secretary for Management 
by Delegation of Authority No. 193, January 7, 1992 (Public Notice 
1555; 57 F.R. 2298; January 21, 1992).
    Subsecs. (f) and (g) of this section were repealed by sec. 504 of 
the Department of State and Related Agencies Appropriations Act, 1993 
(Public Law 102-395; 106 Stat. 1869). Sec. 803 of the FREEDOM Support 
Act (Public Law 102-511; 106 Stat. 3353) also repealed these subsecs.
    Subsequently, subsecs. (a) through (d), and (h) through (j) were 
repealed by sec. 502(a)(1) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2326).
    \33\ Sec. 502(a)(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2326) redesignated the remaining subsection (e) as subsec. (a), 
and made technical adjustments to reflect para. (e)(1) becoming subsec. 
(a), para. (e)(2) becoming subsec. (b) with catchline, with appropriate 
indentations and relettering.
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    (b) Safeguards To Be Included.--Such extraordinary security 
safeguards under subsection (a) shall include the following:
          (1) Exclusive United States control over the site 
        during reconstruction.
          (2) Exclusive use of United States or non-Soviet 
        materials with respect to the new chancery structure.
          (3) Exclusive use of United States workmanship with 
        respect to the new chancery structure.
          (4) To the extent feasible, prefabrication in the 
        United States of major portions of the new chancery.
          (5) Exclusive United States control over construction 
        materials during the entire logistical process of 
        reconstruction.

SEC. 133.\34\ * * * [Repealed--1993]

SEC. 134.\35\ SPECIAL AGENTS.

  (a) Report.--Not later than 180 days after the date of 
enactment of this act, the Attorney General and the Secretary 
of State shall jointly submit to the Committees on the 
Judiciary and Foreign Relations of the Senate and the 
Committees on the Judiciary and Foreign Affairs \36\ of the 
House of Representatives a report and recommendations regarding 
whether Special Agents of the Diplomatic Security Service 
should be authorized to make arrests without warrants for 
offenses against the United States committed in their presence 
or for any felony cognizable under the laws of the United 
States if they have reasonable grounds to believe that the 
person to be arrested has committed or is committing such a 
felony.
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    \34\ Sec. 133, relating to possible Moscow Embassy security breach, 
was repealed by sec. 502(b) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2326).
    \35\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Management by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
    \36\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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  (b) Terms of Reference.--The report required by subsection 
(a) shall address at least the following topics:
          (1) Whether similar arrest authority granted other 
        Federal law enforcement agencies such as the Drug 
        Enforcement Agency, the United States Customs Service, 
        United States Marshals, the Secret Service, and the 
        Federal Bureau of Investigation has on balance served 
        the public interest.
          (2) Whether execution of the existing statutory 
        responsibilities of the Diplomatic Security Service 
        would be furthered by granting of such authority.
          (3) Disadvantages which would be likely to result 
        from granting of such authority, including 
        disadvantages in terms of protection of civil 
        liberties.
          (4) Proposed statutory language which would if 
        enacted provide any such authority recommended.
          (5) Proposed regulations to implement any such 
        enacted authority.

SEC. 135.\37\ PROTECTION FOR UNITED NATIONS FACILITIES AND MISSIONS. * 
                    * *

    (b) Protection of Foreign Diplomatic Missions.--* * *
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    \37\ Other than the subparagraph shown, sec. 135 amended other 
legislation.
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          (5) Protective services provided by a State or local 
        government at any time during the period beginning on 
        January 1, 1989, and ending on September 30, 1991, 
        which were performed in connection with visits 
        described in section 202(8) of title 3, United States 
        Code, as amended by this subsection, shall be deemed to 
        be reimbursement obligations entered into pursuant to 
        section 208(a) of that title as if the amendment made 
        by paragraph (1) of this subsection was in effect 
        during that period and the services had been requested 
        by the Secretary of State.

SEC. 136. STUDY OF CONSTRUCTION SECURITY NEEDS.

  Not more than one year after the date of enactment of this 
Act, the Secretary of State shall submit to the Chairman of the 
Foreign Relations Committee of the Senate and the Speaker of 
the House of Representatives a report and recommendations 
regarding security needs for diplomatic construction. The 
Secretary of State shall review priorities, recommendations, 
and plans, generally known as the ``Inman Report'', and address 
specifically whether changing budgetary and foreign policy 
priorities since the ``Inman Report'' continue to justify the 
``Inman'' recommendations. The report should also assess 
whether authorizations for ``Inman'' security activities should 
be modified or repealed in light of changed conditions.

                           PART D--PERSONNEL

          * * * * * * *

SEC. 150.\38\ COMMISSION TO STUDY PERSONNEL QUESTIONS AT THE DEPARTMENT 
                    OF STATE.

  (a) Membership.--
          (1) Within 90 days of the date of enactment of this 
        Act, the Secretary of State shall appoint seven 
        distinguished members, at least six of whom shall have 
        a minimum of ten years experience in personnel 
        management, to examine personnel issues affecting both 
        Foreign Service and Civil Service employees at the 
        Department of State.
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    \38\ Functions vested in the Secretary of State in this section 
were reserved to the Secretary of State by Delegation of Authority No. 
193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; January 21, 
1992).
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          (2) Appointments to the Commission shall be made in 
        consultation with the Committee on Foreign Relations of 
        the Senate, the Committee on Foreign Affairs of the 
        House of Representatives, the Committee on Post Office 
        and Civil Service of the House of Representatives,\39\ 
        and exclusive representatives (as defined in section 
        1002(9) of the Foreign Service Act of 1980).
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    \39\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(b)(2) 
of that Act provided that most references to the House Committee on 
Post Office and Civil Service, which was abolished in the 104th 
Congress, shall be treated as referring to the Committee on Government 
Reform and Oversight.
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          (3) The Secretary of State may reappoint members who 
        served on the Commission authorized under section 171 
        of the Foreign Relations Authorization Act, Fiscal 
        Years 1988 and 1989.
          (4) At least two members of the Commission shall have 
        specialized knowledge of the Civil Service in the 
        Department of State.
  (b) Implementation Report.--Not later than one year after the 
date of enactment of this Act, the Commission shall report to 
the Chairmen and ranking Members of the appropriate committees 
of the Congress on the extent to which the Department of State 
has implemented recommendations of the Commission authorized in 
section 171 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989.
  (c) Report on Personnel Matters and Conditions.--
          (1) Not more than one year after the date of 
        enactment of this Act, the Commission shall issue a 
        written report to the appropriate committees of the 
        Congress on State Department personnel questions 
        affecting the effective conduct of foreign policy and 
        the efficiency, cost effectiveness, and morale of State 
        Department employees.
          (2) The Commission report required under this 
        subsection shall include the following topics:
                  (A) Matters related to section 607 of the 
                Foreign Service Act of 1980 (22 U.S.C. 4007) 
                relating to senior Foreign Service Officers who 
                were working under section 607(d)(2) temporary 
                career extensions on June 2, 1990, and who, 
                because the 14-year time-in-class benefit had 
                been denied them, were involuntarily retired 
                under section 607 after June 2, 1990.
                  (B) An examination of the contribution of 
                Civil Service personnel to the fulfillment of 
                the mission of the Department of State, 
                including--
                          (i) recommendations as to how the 
                        needs and standing of such employees 
                        might be more fully recognized by the 
                        Department as full partners in the 
                        successful conduct of foreign policy; 
                        and
                          (ii) recommendations as to how Civil 
                        Service positions may be better 
                        utilized or structured in the 
                        Department and abroad to enhance the 
                        institutional memory on evolving 
                        foreign policy issues.
                  (C) A study of the management and practices 
                at the United States Mission to the United 
                Nations, taking into account the 
                recommendations of recent reports of the 
                Inspector General of the Department of State.
  (d) Definition.--As used in this section the term 
``appropriate committees of the Congress'' means the Committee 
on Foreign Relations and the Committee on Appropriations of the 
Senate and the Committee on Foreign Affairs, the Committee on 
Appropriations, and the Committee on Post Office and Civil 
Service of the House of Representatives.\39\

SEC. 151.\40\ FOREIGN NATIONAL EMPLOYEES SEPARATION PAY.

  (a) Establishment.--There is established in the Treasury of 
the United States a fund to provide separation pay for foreign 
national employees of agencies of the United States Government, 
other than the Department of Defense.
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 4012a.
---------------------------------------------------------------------------
  (b) Funding.--There shall be deposited in such account--
          (1) all amounts previously obligated for accrued 
        separation pay of foreign national employees of such 
        agencies of the United States Government; and
          (2) amounts obligated for fiscal years after 1991 by 
        such agencies for the current and future costs of 
        separation pay of foreign national employees.
  (c) Availability.--Amounts shall be deposited in the fund 
annually and are authorized to be available until expended.
  (d) Expenditures From the Fund.--Amounts deposited in the 
fund shall be available for expenditure to make separation 
payments to foreign national employees in countries in which 
such pay is legally authorized.
          * * * * * * *

SEC. 154. COMPENSATION FOR LOSS OF PERSONAL PROPERTY INCIDENT TO 
                    SERVICE.

  Not later than 90 days after enactment of this Act, the 
Department of State shall submit to the Chairman of the Foreign 
Relations Committee of the Senate and the Speaker of the House 
of Representatives, a report on the need for the establishment 
of a mechanism to compensate employees of the Department of 
State who have legitimate claims resulting from loss of 
personal property under circumstances set forth in the Military 
Personnel and Civilian Employees Claims Act of 1964, as amended 
(31 U.S.C. 3721c), and whose losses exceed the amounts covered 
in such Act. This report shall include legislative 
recommendations, if necessary, to implement these 
recommendations. Losses covered by this report shall include 
legitimate claims for losses incurred in Mogadishu, Somalia.

SEC. 155.\41\ LANGUAGE TRAINING IN THE FOREIGN SERVICE.

  The Department of State and the Department of Commerce \42\ 
shall ensure that the precepts for promotion of Foreign Service 
employees provide that end-of-training reports for employees in 
full-time language training shall be weighed as heavily as the 
annual employee efficiency reports, in order to ensure that 
employees in language training are not disadvantaged in the 
promotion process.
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    \41\ 22 U.S.C. 4001 note.
    \42\ Sec. 1335(q)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-789) replaced a comma before ``Department of Commerce'' with 
``and'', and struck out ``, and the United States Information Agency'' 
following the same.
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                  PART E--INTERNATIONAL ORGANIZATIONS

SEC. 161. MATERIAL DONATIONS TO UNITED NATIONS PEACEKEEPING OPERATIONS.

  It is the sense of the Congress that the Permanent 
Representative of the United States to the United Nations 
should work to ensure that in-kind contributions by the United 
States and other nations to the United Nations peacekeeping 
forces are included at their full value when calculating the 
contributions to United Nations peacekeeping forces.

SEC. 162.\43\ REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE UNITED 
                    NATIONS AND ITS SPECIALIZED AGENCIES. * * * 
                    [Subsecs. (a)-(d) Repealed--1994]
---------------------------------------------------------------------------

    \43\ Sec. 409(e) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 454), struck out 
subsecs. (a) through (d), relating to assessed contributions to the 
United Nations and its implementation of consensus-based decisionmaking 
process.
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    (e) \44\ * * *
---------------------------------------------------------------------------
    \44\ Subsec. (e) repealed sections of earlier Foreign Relations 
Authorization Acts.
---------------------------------------------------------------------------

SEC. 163.\45\ REPORT TO CONGRESS CONCERNING UNITED NATIONS SECONDMENT. 
                    * * *

SEC. 164. PERMANENT INTERNATIONAL ASSOCIATION OF ROAD CONGRESSES.

  (a) Repeal.--The Act of June 18, 1926 (22 U.S.C. 269) is 
repealed.
  (b) \46\ Authority.--The President is authorized to maintain 
membership of the United States in the Permanent International 
Association of Road Congresses.
---------------------------------------------------------------------------
    \45\ Sec. 163 struck out sec. 701(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 22 
U.S.C. 287e note), requiring the Secretary of State to report to 
Congress on ``the status of secondment within the United Nations by the 
Soviet Union and Soviet-bloc member-nations.''.
    \46\ 22 U.S.C. 269.
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          * * * * * * *

SEC. 168.\47\ BRITISH-AMERICAN INTERPARLIAMENTARY GROUP.

  (a) Establishment and Meetings.--Not to exceed 24 Members of 
Congress shall be appointed to meet annually and when the 
Congress is not in session (except that this restriction shall 
not apply to meetings held in the United States), with 
representatives of the House of Commons and the House of Lords 
of the Parliament of Great Britain for discussion of common 
problems in the interest of relations between the United States 
and Great Britain. The Members of Congress so appointed shall 
be referred to as the ``United States group'' of the United 
States Interparliamentary Group.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 276l.
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  (b) Appointment of Members.--Of the Members of Congress 
appointed for purposes of this section--
          (1) half shall be appointed by the Speaker of the 
        House of Representatives from among Members of the 
        House (not less than 4 of whom shall be members of the 
        Committee on Foreign Affairs),\48\ and
---------------------------------------------------------------------------
    \48\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) half shall be appointed by the President Pro 
        Tempore of the Senate, upon recommendations of the 
        majority and minority leaders of the Senate, from among 
        Members of the Senate (not less than 4 of whom shall be 
        members of the Committee on Foreign Relations) unless 
        the majority and minority leaders of the Senate 
        determine otherwise.
  (c) Chair and Vice Chair.--(1) The Chair or Vice Chair of the 
House delegation of the United States group shall be a member 
from the Committee on Foreign Affairs.\48\
  (2) The President Pro Tempore of the Senate shall designate 
the Chair or Vice Chair of the Senate delegation.
  (d) Funding.--There is authorized to be appropriated $50,000 
for each fiscal year to assist in meeting the expenses of the 
United States group for each fiscal year for which an 
appropriation is made, half of which shall be for the House 
delegation and half of which shall be for the Senate 
delegation. The House and Senate portions of such 
appropriations shall be disbursed on vouchers to be approved by 
the Chair of the House delegation and the Chair of the Senate 
delegation, respectively.
  (e) Certification of Expenditures.--The certificate of the 
Chair of the House delegation or the Senate delegation of the 
United States group shall be final and conclusive upon the 
accounting officers in the auditing of the accounts of the 
United States group.
  (f) Annual Report.--The United States group shall submit to 
the Congress a report for each fiscal year for which an 
appropriation is made for the United States group, which shall 
include its expenditures under such appropriation.
  (g) \49\ Interparliamentary Conference of North Atlantic 
Assembly. * * *
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    \49\ Subsec. (g) amended sec. 5 of the ``Joint resolution to 
authorize participation by the United States in parliamentary 
conferences of the North Atlantic Treaty Organization'', approved July 
11, 1956 (22 U.S.C. 1928e).
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SEC. 169.\50\ UNITED STATES DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF 
                    THE CONFERENCE ON SECURITY AND COOPERATION IN 
                    EUROPE (CSCE).

  (a) Establishment.--In accordance with the allocation of 
seats to the United States in the Parliamentary Assembly of the 
Conference on Security and Cooperation in Europe (hereinafter 
referred to as the ``CSCE Assembly'') not to exceed 17 Members 
of Congress shall be appointed to meet jointly and annually 
with representative parliamentary groups from other Conference 
on Security and Cooperation in Europe (CSCE) member-nations for 
the purposes of--
---------------------------------------------------------------------------
    \50\ 22 U.S.C. 276m.
---------------------------------------------------------------------------
          (1) assessing the implementation of the objectives of 
        the CSCE;
          (2) discussing subjects addressed during the meetings 
        of the Council of Ministers for Foreign Affairs and the 
        biennial Summit of Heads of State or Government;
          (3) initiating and promoting such national and 
        multilateral measures as may further cooperation and 
        security in Europe.
  (b) Appointment of Delegation.--For each meeting of the CSCE 
Assembly, there shall be appointed a United States Delegation, 
as follows:
          (1) In 1992 and every even-numbered year thereafter, 
        9 Members shall be appointed by the Speaker of the 
        House from Members of the House (not less than 4 of 
        whom, including the Chairman of the United States 
        Delegation, shall be from the Committee on Foreign 
        Affairs); \48\ and 8 Members shall, upon 
        recommendations of the Majority and Minority leaders of 
        the Senate, be appointed by the President Pro Tempore 
        of the Senate from Members of the Senate (not less than 
        4 of whom, including the Vice Chairman of the United 
        States Delegation, shall be from the Committee on 
        Foreign Relations, unless the President Pro Tempore of 
        the Senate, upon recommendations of the Majority and 
        Minority leaders of the Senate, determines otherwise).
          (2) In every odd-numbered year beginning in 1993, 9 
        Members shall, upon recommendation of the Majority and 
        Minority Leaders of the Senate, be appointed by the 
        President Pro Tempore of the Senate from Members of the 
        Senate (not less than 4 of whom, including the Chairman 
        of the United States Delegation, shall be from the 
        Committee on Foreign Relations, unless the President 
        Pro Tempore of the Senate, upon recommendations of the 
        Majority and Minority leaders of the Senate, determines 
        otherwise); and 8 Members shall be appointed by the 
        Speaker of the House from Members of the House (not 
        less than 4 of whom, including the Vice Chairman, shall 
        be from the Committee on Foreign Affairs).\48\
  (c) Administrative Support.--For the purpose of providing 
general staff support and continuity between successive 
delegations, each United States Delegation shall have 2 
secretaries (one of whom shall be appointed by the Chairman of 
the Committee on Foreign Affairs \48\ of the House of 
Representatives and one of whom shall be appointed by the 
Chairman of the Delegation of the Senate).
  (d) Funding.--
          (1) United States Participation.--There is authorized 
        to be appropriated for each fiscal year $80,000 to 
        assist in meeting the expenses of the United States 
        delegation. For each fiscal year for which an 
        appropriation is made under this subsection, half of 
        such appropriation may be disbursed on voucher to be 
        approved by the Chairman and half of such appropriation 
        may be disbursed on voucher to be approved by the Vice 
        Chairman.
          (2) Availability of Appropriations.--Amounts 
        appropriated pursuant to this subsection are authorized 
        to be available until expended.
  (e) Annual Report.--The United States Delegation shall, for 
each fiscal year for which an appropriation is made, submit to 
the Congress a report including its expenditures under such 
appropriation. The certificate of the Chairman and Vice 
Chairman of the United States Delegation shall be final and 
conclusive upon the accounting officers in the auditing of the 
accounts of the United States Delegation.

SEC. 170.\51\ REPORT CONCERNING THE UNITED NATIONS EDUCATIONAL, 
                    SCIENTIFIC AND CULTURAL ORGANIZATION.

  Not later than 270 days after the date of the enactment of 
this Act, the Secretary of State (in consultation with the 
heads of all appropriate bureaus and offices of the Department 
of State) shall prepare and submit to the Congress a report on 
the activities after April 30, 1990 of the United Nations 
Educational, Scientific and Cultural Organization (UNESCO).
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    \51\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Political Affairs by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 172. INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR A FRAMEWORK 
                    CONVENTION ON CLIMATE CHANGE REPORT.

  It is the sense of the Congress regarding negotiations taking 
place in the Intergovernmental Negotiating Committee that the 
framework convention should seek to provide for commitments by 
all nations to--
          (1) improved coordination of research activities and 
        monitoring of global climate change;
          (2) adoption of measures that are justified for a 
        variety of reasons and which also have the effect of 
        limiting or adapting to any adverse effects of climate 
        change;
          (3) establishment of national strategies to address 
        climate change and to make public accounting of the 
        elements of such strategy and the effect on net 
        emissions of greenhouse gases;
          (4) establishment of verifiable goals for net 
        reductions of greenhouse gases by all nations in an 
        equitable manner; and
          (5) the development of plans by each country to reach 
        those goals.
          * * * * * * *

SEC. 174.\52\ HOUSING BENEFITS OF THE UNITED STATES MISSION TO THE 
                    UNITED NATIONS.

  (a) Review.--The Secretary of State shall conduct a review 
and evaluation of policies and procedures for the provision of 
housing benefits (including leased housing, housing allowances, 
differential payments, or any comparable benefit) to United 
States Government personnel assigned to the United States 
Mission to the United Nations. Such review shall consider the 
December 1989 recommendations of the Inspector General of the 
Department of State concerning housing benefits, and other 
recommendations as appropriate.
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    \52\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Management by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
  (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit a 
comprehensive report of the findings of such review and 
evaluation to the Chairman of the Committee on Foreign 
Relations of the Senate and the Speaker of the House of 
Representatives. Such report shall include, but not be limited 
to--
          (1) a summary of all leased housing policy changes;
          (2) information concerning implementation of 
        recommendations of the Inspector General for the 
        Department of State, including an explanation for not 
        implementing any recommendation made by the Inspector 
        General; and
          (3) designation of positions at the United States 
        Mission to the United Nations which require the 
        incumbent to live in the Borough of Manhattan, and 
        specific justification for such designation.

SEC. 175.\53\ ENHANCED SUPPORT FOR UNITED NATIONS PEACEKEEPING.

  (a) Actions by the Secretary General of the United Nations.--
The Secretary of State, through the United States 
Representative to the United Nations, should propose to the 
Secretary General of the United Nations that the United Nations 
should explore means, including procedures and organizational 
initiative, for expediting the implementation of peacekeeping 
operations authorized by the Security Council.
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    \53\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Political Affairs, in 
consultation with the Under Secretary for Management, by Delegation of 
Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; 
January 21, 1992).
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  (b) Report of the Secretary of State.--Not later than 90 days 
after the date of the enactment of this Act, the Secretary of 
State shall prepare and submit, to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs 
\48\ of the House of Representatives, a report which makes 
recommendations concerning changes in United States law which 
would enhance the United States participation in peacekeeping 
operations authorized by the United Nations. Such report shall 
include legislative recommendations to expedite the use of 
appropriated funds for peacekeeping purposes on an emergency 
basis.

SEC. 176. SPECIAL PURPOSE INTERNATIONAL ORGANIZATIONS.

  (a) Limitation.--Of the funds authorized to be appropriated 
under section 101(a)(1) for ``Salaries and Expenses'' of the 
Department of State, $1,000,000 shall be available only after 
the submission of the report under subsection (b).
  (b) Report to Congress.--Not later than March 1, 1992, the 
Secretary of State shall submit to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate a report on the international 
organizations listed in subsection (c). Such report shall 
include the following information with respect to each 
international organization:
          (1) The purpose and activities of the organization.
          (2) The political and economic benefits to the United 
        States of membership in the organization.
          (3) The effect on United States consumers and 
        importers of the activities and policies of the 
        organization.
  (c) Special Purpose International Organizations.--The 
following international organizations shall be included in the 
report under this section:
          (1) International Center for the Study of 
        Preservation and Restoration of Cultural Property.
          (2) International Coffee Organization.
          (3) International Cotton Advisory Committee.
          (4) International Hydrographic Organization.
          (5) International Jute Organization.
          (6) International Lead and Zinc Study Group.
          (7) International Rubber Organization.
          (8) International Office of Epizootics.
          (9) International Organization for Legal Metrology.
          (10) International Rubber Study Group.
          (11) International Sugar Organization.
          (12) International Tropical Timber Organization.
          (13) International Union for the Conservation of 
        Nature and Natural Resources.
          (14) Permanent International Association of Road 
        Congresses.
          (15) World Tourism Organization.

SEC. 177. GREAT LAKES FISHERY COMMISSION.

  Of the amounts authorized to be appropriated by section 
103(4) of this Act, there is authorized to be appropriated up 
to $8,200,000 for fiscal year 1992 and up to $12,300,000 for 
fiscal year 1993 for the purpose of enabling the Department of 
State to carry out its authority, function, duty, and 
responsibility in the conduct of foreign affairs of the United 
States in connection with the Great Lakes Fishery Commission.

SEC. 178. INTER-AMERICAN ORGANIZATIONS.

  (a) Policy.--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 Congress 
believes that the Secretary of State, in allocating the level 
of resources for the ``International Organizations and 
Commissions'' account, should pay particular attention to 
funding levels of the Inter-American organizations.
  (b) Finding.--The Congress finds that the work done by these 
organizations has been of great benefit to the region, and the 
United States itself has experienced a positive return from 
their efforts.

SEC. 179. INTERNATIONAL COFFEE ORGANIZATION.

  It is the sense of the Congress that the President should 
give the highest priority to the interests of United States 
consumers in shaping United States policy toward a new 
international coffee agreement.

SEC. 180.\54\ APPOINTMENT OF SPECIAL COORDINATOR FOR WATER POLICY 
                    NEGOTIATIONS AND WATER RESOURCES POLICY.

  (a) Designation.--The Secretary of State shall designate a 
Special Coordinator--
---------------------------------------------------------------------------
    \54\ 22 U.S.C. 2686a. Functions vested in the Secretary of State in 
this section were reserved to the Secretary of State by Delegation of 
Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; 
January 21, 1992).
---------------------------------------------------------------------------
          (1) to coordinate the United States Government 
        response to international water resource disputes and 
        needs;
          (2) to represent the United States Government, 
        whenever appropriate, in multilateral fora in 
        discussions concerning access to fresh water; and
          (3) to formulate United States policy to assist in 
        the resolution of international problems posed by the 
        lack of fresh water supplies.
  (b) Other Responsibilities.--The individual designated under 
subsection (a) may carry out the functions of subsection (a) in 
addition to other assigned responsibilities.

SEC. 181.\55\ EMPLOYMENT OF UNITED STATES CITIZENS BY CERTAIN 
                    INTERNATIONAL ORGANIZATIONS.

  Not less than 180 days after enactment of this Act, and each 
year thereafter, the Secretary of State shall submit a report 
to the Congress concerning each international organization 
which had a geographic distribution formula in effect on 
January 1, 1991, of whether each such organization--
---------------------------------------------------------------------------
    \55\ 22 U.S.C. 276c-4. Functions vested in the Secretary of State 
in this section were further delegated to the Under Secretary for 
Political Affairs by Delegation of Authority No. 193, January 7, 1992 
(Public Notice 1555; 57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
          (1) is taking good faith steps to increase the 
        staffing of United States citizens; and
          (2) has met its geographic distribution formula.

                    PART F--MISCELLANEOUS PROVISIONS

SEC. 191. TRAVEL ADVISORY FOR JALISCO, MEXICO.

  Section 134 of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987 is repealed.\56\
---------------------------------------------------------------------------
    \56\ Sec. 134 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987, recommended that the Secretary of State issue a 
travel advisory warning U.S. citizens of the current dangers of 
traveling in the State of Jalisco, Mexico, site of the 1985 murders of 
two U.S. Drug Enforcement Administration employees and other assaults 
against U.S. citizens.
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SEC. 192.\57\ IMPLEMENTATION OF THE NAIROBI FORWARD-LOOKING STRATEGIES 
                    FOR THE ADVANCEMENT OF WOMEN.

  (a) Report to Congress.--Two years after the date of the 
enactment of this Act, the Secretary of State shall submit to 
the Congress a report on the progress of the United States 
implementation of the Nairobi Forward-Looking Strategies for 
the Advancement of Women (Nairobi Strategies), as adopted by 
the 40th session of the United Nations General Assembly in 
Resolution 40/108 on December 13, 1985.
---------------------------------------------------------------------------
    \57\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Political Affairs by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
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  (b) Final Report.--Not later than 90 days prior to the 1995 
deadline for submission of the report to the United Nations 
Secretary General on the United States implementation of the 
Nairobi Strategies, the Secretary of State shall submit to the 
Congress a preliminary version of such report.

SEC. 193. STUDY OF TECHNICAL SECURITY AND COUNTERINTELLIGENCE 
                    CAPABILITIES.

  (a) Study by Inspector General.--Not later than 30 days after 
the date of enactment of this Act, the Inspector General of the 
Department of State shall initiate, with the cooperation of 
other appropriate Federal agencies, a study of the overseas 
technical security and counterintelligence capabilities and 
practices of the Department of State. The study shall be 
completed not later than one year after the date of enactment 
of this Act.
  (b) Content.--The study shall evaluate--
          (1) the overseas technical security and 
        counterintelligence capabilities of the Department of 
        State since the enactment of the Omnibus Diplomatic 
        Security and Antiterrorism Act of 1986;
          (2) the level of the State Department's capabilities 
        in technical security and counterintelligence relative 
        to the technical and human intelligence threats 
        identified by other appropriate Federal agencies; and
          (3) whether the Department of State is the most 
        appropriate Federal agency to carry out overseas 
        technical security and counterintelligence functions.
  (c) Report to Congress.--Not later than 400 days after the 
date of the enactment of this Act, the Inspector General of the 
Department of State shall prepare and submit, with the 
cooperation of other appropriate Federal agencies, a written 
report of the findings of such study to the Committee on 
Foreign Affairs \58\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate. The Inspector 
General may submit such report in classified form.
---------------------------------------------------------------------------
    \58\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 194. STUDY OF SEXUAL HARASSMENT AT THE DEPARTMENT OF STATE.

  (a) Sense of Congress.--It is the sense of Congress that the 
Department of State has been negligent in carrying out section 
155 of the Foreign Relations Authorization Act, Fiscal Years 
1990 and 1991, ``Study of Sexual Harassment at the Department 
of State''.
  (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the Department 
of State shall report to the Committee on Foreign Affairs \58\ 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate on the reasons for the Department's 
negligence in adhering to deadlines required by law in 
implementing section 155 of the Foreign Relations Authorization 
Act, Fiscal Years 1990 and 1991, and what steps, if any, the 
Department has taken to prevent such a failure from recurring.

SEC. 195.\59\ PROHIBITION AGAINST FRAUDULENT USE OF ``MADE IN AMERICA'' 
                    LABELS.

  If it has been finally determined by a court or Federal 
agency that a person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United 
States that is not made in the United States, that person shall 
be ineligible to receive any contract or subcontract from the 
Department of State, pursuant to the debarment, suspension, and 
ineligibility procedures in subpart 9.4 of chapter 1 of title 
48, Code of Federal Regulations.
---------------------------------------------------------------------------
    \59\ 22 U.S.C. 2679b.
---------------------------------------------------------------------------

SEC. 196.\60\ DEADLINE FOR RESPONSES TO QUESTIONS FROM CONGRESSIONAL 
                    COMMITTEES.

  (a) In General.--An officer or employee of the Department of 
State to whom a written or oral question is addressed by any 
member of a committee specified in subsection (b), acting 
within his official capacity, shall respond to such question 
within 21 days unless the Secretary of State submits a letter 
to such member explaining why a timely response cannot be made.
---------------------------------------------------------------------------
    \60\ 22 U.S.C. 2680-1. Functions vested in the Secretary of State 
in this section were reserved to the Secretary of State by Delegation 
of Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 
2298; January 21, 1992).
---------------------------------------------------------------------------
  (b) Specified Committees.--The committees referred to in 
subsection (a) are the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs \58\ of the House 
of Representatives.

SEC. 197.\61\ INTERNATIONAL CREDIT REPORTS.

  (a) Report on Loan Criteria.--Not later than 90 days after 
the date of enactment of this Act, the Assistant Secretary of 
State for Economic and Business Affairs, in consultation with 
the Secretary of the Treasury, shall submit to the Chairman of 
the Foreign Relations Committee of the Senate and the Speaker 
of the House of Representatives a report setting forth clear 
criteria for bilateral loans by which the United States can 
determine the likelihood of repayment by a country seeking to 
receive United States loans. The report should include the 
criteria used for--
---------------------------------------------------------------------------
    \61\ 22 U.S.C. 2656h. Functions vested in the Secretary of State in 
this section were further delegated to the Under Secretary for Economic 
and Agricultural Affairs by Delegation of Authority No. 193, January 7, 
1992 (Public Notice 1555; 57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
          (1) assessing country risk;
          (2) projecting loan repayments; and
          (3) estimating subsidy levels.
  (b) Reports on Loans.--Beginning 180 days after the 
submission of the report in subsection (a) and annually 
thereafter, the Secretary of State, in consultation with the 
Secretary of the Treasury, shall submit a report to the 
Chairman of the Foreign Relations Committee of the Senate and 
the Speaker of the House of Representatives showing actual 
repayments by country and by program to the United States 
Government for the previous 5 years and the scheduled 
repayments to the United States Government for the next 5 
years.

SEC. 198.\62\ THE FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL 
                    SERIES.

    (a) \63\ Amendment.-- * * *
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    \62\ Functions vested in the Secretary of State in this section 
(except for that part which added a new 406(a) to the State Department 
Basic Authorities Act) were further delegated to the Under Secretary 
for Management by Delegation of Authority No. 193, January 7, 1992 
(Public Notice 1555; 57 F.R. 2298; January 21, 1992).
    \63\ Sec. 198(a) added a new title IV to the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 4351 et seq.), entitled ``Foreign 
Relations of the United States Historical Series''.
---------------------------------------------------------------------------
  (b) \64\ Previous Advisory Committee on Historical Diplomatic 
Documentation.--The Advisory Committee on Historical 
Documentation for the Department of State established before 
the date of enactment of this Act shall terminate on such date.
---------------------------------------------------------------------------
    \64\ 22 U.S.C. 4356 note.
---------------------------------------------------------------------------
  (c) Compliance.--
          (1) \65\ The Secretary of State shall ensure that the 
        requirements of section 404 of the State Department 
        Basic Authorities Act of 1956 (as amended by this 
        section) are met not later than one year after the date 
        of enactment of this Act. If the Secretary cannot 
        reasonably meet the requirements of such section, he 
        shall so notify the Committee on Foreign Relations of 
        the Senate and the Committee on Foreign Affairs \58\ of 
        the House of Representatives, and describe how the 
        Department of State intends to meet the requirements of 
        that section. In no event shall full compliance with 
        the requirements of such section take place later than 
        2 years after the date of enactment of this Act.
---------------------------------------------------------------------------
    \65\ 22 U.S.C. 4354 note.
---------------------------------------------------------------------------
          (2) \66\ (A) In order to come into compliance with 
        section 401(c) of the State Department Basic 
        Authorities Act of 1956 (as amended by this section) 
        the Secretary of State shall ensure that, by the end of 
        the 3-year period beginning on the date of the 
        enactment of this Act, all volumes of the Foreign 
        Relations of the United States historical series (FRUS) 
        for the years that are more than 30 years before the 
        end of that 3-year period have been published.
---------------------------------------------------------------------------
    \66\ 22 U.S.C. 4351 note.
---------------------------------------------------------------------------
          (B) If the Secretary cannot reasonably meet the 
        requirements of subparagraph (A), the Secretary shall 
        notify the Committee on Foreign Relations of the Senate 
        and the Committee on Foreign Affairs \58\ of the House 
        of Representatives and describe how the Department of 
        State plans to meet the requirements of subparagraph 
        (A). In no event shall volumes subject to subparagraph 
        (A) be published later than 5 years after the date of 
        the enactment of this Act.

   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

             PART A--UNITED STATES INFORMATION AGENCY \67\

          * * * * * * *
---------------------------------------------------------------------------
    \67\ For text of freestanding provisions in this part relating to 
the United States Information Agency, see page 1279.
---------------------------------------------------------------------------

        PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS \68\

          * * * * * * *
---------------------------------------------------------------------------
    \68\ For text of freestanding provisions in this part relating to 
the Bureau of Educational and Cultural Affairs, see page 1284.
---------------------------------------------------------------------------

                  PART C--BUREAU OF BROADCASTING \69\

          * * * * * * *
---------------------------------------------------------------------------
    \69\ For text of freestanding provisions in this part relating to 
the Bureau of Broadcasting, see page 1502.
---------------------------------------------------------------------------

           PART D--BOARD FOR INTERNATIONAL BROADCASTING \70\

          * * * * * * *
---------------------------------------------------------------------------
    \70\ For freestanding provisions in this part relating to the Board 
for International Broadcasting, see page 1504.
---------------------------------------------------------------------------

           TITLE III--MISCELLANEOUS FOREIGN POLICY PROVISIONS

                   PART A--FOREIGN POLICY PROVISIONS

SEC. 301.\71\ PERSIAN GULF WAR CRIMINALS

  (a) International Criminal Tribunal.--
---------------------------------------------------------------------------
    \71\ For other legislation on U.S. policy toward Iraq, see 
Legislation on Foreign Relations Through 2001, vol. I-B.
    Sec. 6 of the Iraq Liberation Act (Public Law 105-338; 112 Stat. 
3181) provided the following:
    ``SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.
    ``Consistent with section 301 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138), 
House Concurrent Resolution 137, 105th Congress (approved by the House 
of Representatives on November 13, 1997), and Senate Concurrent 
Resolution 78, 105th Congress (approved by the Senate on March 13, 
1998), the Congress urges the President to call upon the United Nations 
to establish an international criminal tribunal for the purpose of 
indicting, prosecuting, and imprisoning Saddam Hussein and other Iraqi 
officials who are responsible for crimes against humanity, genocide, 
and other criminal violations of international law.''.
---------------------------------------------------------------------------
          (1) Proposal for establishment.--It is the sense of 
        the Congress that the President, acting through the 
        Permanent Representative of the United States to the 
        United Nations, should propose to the Security Council 
        the establishment of an international criminal tribunal 
        for the prosecution of Persian Gulf war criminals who 
        may not more appropriately be prosecuted in Federal and 
        specially appointed courts of the United States.
          (2) Alternative means for establishment.--If the 
        United Nations Security Council fails to take action to 
        establish an international criminal tribunal for the 
        prosecution of Persian Gulf war criminals, it is the 
        sense of the Congress that the President should work 
        with the partners in the coalition of nations 
        participating in Operation Desert Storm to establish 
        such an international criminal tribunal.
  (b) Designation of Responsibility at State Department.--The 
Secretary of State shall designate a high level official with 
responsibility for--
          (1) the development of a proposal for the prosecution 
        of Persian Gulf War criminals in an international 
        tribunal, including proposing in the United Nations the 
        establishment of such a tribunal, and advising the 
        United States Permanent Representative to the United 
        Nations in any discussion or negotiations concerning 
        such matters;
          (2) advising the President on the appropriate 
        jurisdiction for the prosecution of Persian Gulf war 
        criminals; and
          (3) supporting and facilitating United States 
        implementation of its duties and responsibilities with 
        respect to any tribunal which may be established for 
        the prosecution of Persian Gulf war criminals.
  (c) \72\ Presidential Report.--Not later than 30 days after 
the date of the enactment of this Act, the President shall 
submit to the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs \58\ of the House of 
Representatives a report--
---------------------------------------------------------------------------
    \72\ In a memorandum of November 26, 1991 (56 F.R. 64551), to the 
Secretary of State, the President delegated to the Secretary the 
reporting requirements of this subsection, to be ``exercised in 
consultation with the Secretary of Defense and the Attorney General''.
---------------------------------------------------------------------------
          (1) setting forth the proposal developed under 
        subsection (b)(1);
          (2) describing the evidence of crimes under 
        international law that justifies the prosecution of 
        Persian Gulf war criminals before an international 
        criminal tribunal; and
          (3) identifying Iraqi authorities who should be 
        prosecuted for committing such crimes.

SEC. 302.\73\ BENEFITS FOR UNITED STATES HOSTAGES CAPTURED IN LEBANON. 
                    * * *
---------------------------------------------------------------------------

    \73\ Sec. 302 amended sec. 599C of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991 (5 U.S.C. 5561 
note), effective as of the date of enactment of that Act (November 5, 
1990).
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SEC. 303.\74\ REPORTS CONCERNING CHINA.

  (a) Report to Congress.--Not later than May 1, 1992 and May 
1, 1993, the President shall submit to the Chairmen and Ranking 
Members of the appropriate congressional committees a report 
detailing specific progress or lack thereof by the People's 
Republic of China in the following areas:
---------------------------------------------------------------------------
    \74\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181) 
provided for the administration of proliferation sanctions, Middle East 
Arms Control, and related Congressional reporting requirements, 
including the following:
    ``Sec. 4. China and Weapons Proliferation. The reporting functions 
regarding China and weapons proliferation vested in me by sections 
303(a)(2) and 324 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993, are delegated to the Secretary of State. The 
Secretary of State shall exercise these functions in consultation with 
the Secretary of Defense and other agencies as appropriate.''.
    In an earlier memorandum of May 18, 1992, the President delegated 
functions in sections 303 and 324, relating to reports concerning 
weapons proliferation, human rights, and trade practices in the 
People's Republic of China, to the Secretary of State in consultation 
with the Secretary of Defense, Secretary of Commerce, Director of the 
U.S. ACDA, the USTR (with respect to the functions described in section 
303), and other appropriate departments and agencies (57 F.R. 22409; 
May 28, February 14, 1992).
---------------------------------------------------------------------------
          (1) Human rights, including--
                  (A) the surveillance, intimidation, and 
                harassment of Chinese citizens living within 
                China because of their pro-democracy 
                activities;
                  (B) the surveillance, intimidation, and 
                harassment of Chinese citizens living within 
                the United States because of their pro-
                democracy activities with particular focus on 
                those whose passports have been confiscated or 
                not renewed in retaliation for pro-democracy 
                activities;
                  (C) the use of torture or other cruel, 
                inhuman, or degrading treatment or punishment;
                  (D) political prisoners, including those in 
                Tibet, still held against their will and those 
                who have received amnesty from the Chinese 
                Government for their pro-democracy activities;
                  (E) prolonged detention without charges and 
                trials, and sentencing of members of the pro-
                democracy movement for peaceful demonstrations 
                for democracy;
                  (F) the use of forced labor of prisoners to 
                produce cheap goods for export to countries, 
                including the United States, in violation of 
                labor treaties and United States law;
                  (G) the Chinese Government's willingness to 
                permit access for international human rights 
                monitoring groups to prisoners, trials, and 
                places of detention; and
                  (H) the detention and arrest of religious 
                leaders and members of religious groups, 
                including those under house arrest, detained, 
                or imprisoned as a result of their expressions 
                of religious belief.
          (2) Weapons proliferation--
                  (A) Exports by the People's Republic of China 
                which relate to improving the military 
                capabilities of nations in the Middle East and 
                South Asia, including a description of previous 
                and potential future transfers of--
                          (i) M-series ballistic missile 
                        systems, and of technology and 
                        assistance related to the production of 
                        such missile systems;
                          (ii) technologies capable of 
                        producing weapons-grade nuclear 
                        material; and
                          (iii) technology and materials needed 
                        for the production or use of chemical 
                        and biological arms.
                  (B) Joining arms supplier regimes.--The 
                adoption of guidelines and restrictions set 
                forth by--
                          (i) the Missile Technology Control 
                        Regime;
                          (ii) the Australia Group on Chemical 
                        and Biological arms proliferation; and
                          (iii) the Nuclear Suppliers Group.
          (3) Restrictions on trade between the United States 
        and China, which are not described in the National 
        Trade Estimate Report required under section 181 of the 
        Trade Act of 1974, including--
                  (A) internal trade barriers to American goods 
                and products, with particular attention paid to 
                those implemented since the Tiananmen Square 
                massacre in 1988;
                  (B) regulations established since 1988 to 
                ensure strict control over more than 100 
                categories of products;
                  (C) excessive duties imposed on imports to 
                China;
                  (D) excessive licensing requirements for 
                imported goods;
                  (E) restrictions on private ownership of 
                property, including capital;
                  (F) section 301 violations, including 
                attempts to evade United States import quotas; 
                and
                  (G) protection for intellectual property.
  (b) Historical Background.--The report shall also include--
          (1) a compendium of the most significant actions 
        taken by the Chinese government since the Tiananmen 
        Square massacre in each of the areas of the report 
        (human rights, arms sales and nuclear proliferation and 
        trade); and
          (2) a list of the most significant United States 
        actions taken since 1988 to underscore United States 
        concerns about Chinese policies, including 
        consultations and communications encouraging other 
        governments to take similar actions.
  (c) Classified Annex.--The report may include a classified 
annex detailing Chinese arms sales and nuclear weapons 
proliferation activities. All other aspects of the report shall 
be unclassified.
  (d) Appropriate Congressional Committees.--The ``appropriate 
congressional committees'' referred to in subsection (a) shall 
include the Committee on Foreign Relations and the Committee on 
Finance of the Senate and the Committee on Foreign Affairs \58\ 
and the Committee on Ways and Means of the House of 
Representatives.

SEC. 304. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.

  (a) Reports to Congress.--Beginning 90 days after the date of 
enactment of this Act and every 365 days thereafter, the 
Secretary of the Treasury, in consultation with the Attorney 
General and appropriate investigative agencies,\75\ shall 
submit to the Committee on Foreign Relations and the Committee 
on Finance of the Senate and the Committee on Foreign Affairs 
\58\ and the Committee on Ways and Means of the House of 
Representatives a report describing the nature and extent of 
assets held in the United States by terrorist countries and any 
organization engaged in international terrorism. Each such 
report shall provide a detailed list and description of 
specific assets.\76\
---------------------------------------------------------------------------
    \75\ Sec. 133(b)(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 396), struck 
out ``Treasury'' and inserted in lieu thereof ``Treasury, in 
consultation with the Attorney General and appropriate investigative 
agencies,''.
    \76\ Sec. 133(b)(2)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 396), added 
this sentence.
---------------------------------------------------------------------------
  (b) Definitions.--For purposes of this section--
          (1) the term ``terrorist countries'', refers to 
        countries designated by the Secretary of State under 
        section 40(d) of the Arms Export Control Act; and
          (2) the term ``international terrorism'' has the 
        meaning given such term in section 140(d) of the 
        Foreign Relations Authorization Act, Fiscal Years 1988 
        and 1989.

              PART B--ARMS CONTROL AND PROLIFERATION \77\

SEC. 321.\78\ LIMITATION ON RESCISSION OF PROHIBITIONS APPLICABLE TO 
                    TERRORIST COUNTRIES. * * *
---------------------------------------------------------------------------

    \77\ See other arms control legislation, beginning at page 1543.
    \78\ Sec. 321 amended sec. 40(f) of the Arms Export Control Act (22 
U.S.C. 2780(f)).
---------------------------------------------------------------------------

SEC. 322.\79\ POLICY ON MIDDLE EAST ARMS SALES.

  In recognition of the particular volatility of the Middle 
East, the tremendous cost in human lives and suffering in the 
aftermath of the aggression by Iraq, and imperative that 
stability be maintained in the region while the course toward 
lasting peace is pursued, the authority to make sales under the 
Arms Export Control Act or to furnish military assistance under 
chapter 2 of part II of the Foreign Assistance Act of 1961 
shall be exercised with regard to the Middle East for the 
objectives set forth in law and that the President should--
---------------------------------------------------------------------------
    \79\ Sec. 563(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 483), struck out 
``and'' at the end of para. (2); in para. (3) struck out ``and'' at the 
end of subpara. (A); replaced the period at the end of subpara. (B) 
with ``; and'' and inserted a new subpara. (C).
    Sec. 563(b) of that Act required:
    ``(b) Report to Congress.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall submit to 
the Speaker of the House of Representatives and the Chairman of the 
Committee on Foreign Relations of the Senate a report concerning steps 
taken to ensure that the goals of section 322 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 are being met.''.
---------------------------------------------------------------------------
          (1) transfer defense articles and services only to 
        those nations that have given reliable assurances that 
        such articles will be used only for internal security, 
        for legitimate self-defense, to permit the recipient 
        country to participate in regional or collective 
        arrangements or measures consistent with the Charter of 
        the United Nations, or otherwise to permit the 
        recipient country to participate in collective measures 
        requested by the United Nations for the purpose of 
        maintaining or restoring international peace and 
        security;
          (2) transfer defense articles and services to nations 
        in the region only after it has been determined that 
        such transfers will not contribute to an arms race, 
        will not increase the possibility of outbreak or 
        escalation of conflict and will not prejudice the 
        development of bilateral or multilateral arms control 
        arrangements;
          (3) take steps to ensure that each nation of the 
        Middle East that is a recipient of United States 
        defense articles and services--
                  (A) affirms the right of all nations in the 
                region to exist within safe and secure borders;
                  (B) supports or is engaged in direct regional 
                peace negotiations; and
                  (C) \79\ does not participate in the Arab 
                League primary or secondary boycott of Israel.

SEC. 323.\80\ MISSILE TECHNOLOGY. * * *
---------------------------------------------------------------------------

    \80\ Sec. 323 amended secs. 73 and 74 of the Arms Export Control 
Act (22 U.S.C. 2797b and 2797c).
---------------------------------------------------------------------------

SEC. 324.\74\ REPORT ON CHINESE WEAPONS PROLIFERATION PRACTICES.

  (a) Requirement.--Within 90 days of the enactment of this Act 
the President shall submit a report to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs 
\81\ of the House of Representatives on ``Chinese Nuclear, 
Chemical, Biological, and Missile Proliferation Practices''.
---------------------------------------------------------------------------
    \81\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
  (b) Content.--Such report shall be transmitted in classified 
and unclassified forms and shall describe all actions and 
policies of the People's Republic of China which relate to 
improving the military capabilities of nations in the Middle 
East and South Asia, including a description of previous and 
potential future transfers of--
          (1) M-series ballistic missile systems, and of 
        technology and assistance related to the production of 
        such missile systems;
          (2) technologies capable of producing weapons-grade 
        nuclear material; and
          (3) technology and materials needed for the 
        production or use of chemical and biological arms.
  (c) Special Report.--At any time that the President 
determines that the People's Republic of China is preparing to 
take, or has taken, any action described in subsection (b), he 
shall so report in writing to Congress.

SEC. 325. REPORT ON SS-23 MISSILES.

  Pursuant to its constitutional responsibilities of advice and 
consent in respect to treaties, the Senate requests that before 
submitting to the Senate for its advice and consent to 
ratification a Strategic Arms Reduction Treaty, the President 
provide a classified report with an unclassified summary to the 
Senate on whether the SS-23 INF missiles of Soviet manufacture, 
which the Soviets have confirmed have existed in the 
territories of the former East Germany, Czechoslovakia, and 
Bulgaria, constitute a violation of the INF Treaty or 
constitute deception in the INF negotiations, and whether the 
United States has reliable assurances that the missiles will be 
destroyed.

                    PART C--DECLARATIONS OF CONGRESS

SEC. 351. RECIPROCAL DIPLOMATIC STATUS WITH MEXICO.

  It is the sense of Congress that--
          (1) all United States law enforcement personnel 
        serving in Mexico should be accredited in the same 
        manner and accorded the same status as United States 
        diplomatic and consular personnel serving as official 
        representatives at United States posts in Mexico; and
          (2) all Mexican narcotics law enforcement personnel 
        serving in the United States should be accredited in 
        the same manner and accorded the same diplomatic and 
        consular status as United States Drug Enforcement 
        Administration personnel serving in Mexico.

SEC. 352. UNITED STATES PRESENCE IN LITHUANIA, LATVIA, AND ESTONIA.

  It is the sense of the Congress that in the aftermath of the 
reestablishment of full diplomatic relations between the United 
States and Lithuania, Latvia, and Estonia, the United States 
Government, including the Secretary of State, the Director of 
the United States Information Agency, and the Director of the 
Foreign Commercial Service, should provide in Lithuania, 
Latvia, and Estonia--
          (1) an embassy and full complement of embassy staff 
        and personnel;
          (2) cultural and information officers for the purpose 
        of expanding cultural contacts and promoting citizen, 
        academic, professional, and other exchange programs 
        between the United States and Lithuania, Latvia, and 
        Estonia; and
          (3) commercial representatives for the purpose of 
        expanding commercial and trade relations between the 
        United States and Lithuania, Latvia, and Estonia.

SEC. 353. LAOTIAN-AMERICAN RELATIONS.

  It is the sense of the Congress that the President, in 
recognition of the constructive changes taking place in Laos, 
should--
          (1) upgrade the current American diplomatic 
        representation in Vientiane, Laos, from Charge 
        d'Affaires to the level of Ambassador;
          (2) ensure that an American military attache is 
        permanently assigned to the United States mission in 
        Vientiane to assist the recovery of American prisoners 
        of war and missing in action; and
          (3) ensure that Drug Enforcement Agency personnel are 
        permanently assigned, when practicable, to the United 
        States mission in Vientiane for the purpose of 
        accelerating cooperative efforts in narcotics 
        eradication and interdiction.

SEC. 354. POW/MIA STATUS.

  It is the sense of the Congress that--
          (1) the United States should continue to give the 
        highest national priority to accounting as fully as 
        possible for Americans still missing or otherwise 
        unaccounted for in Southeast Asia and to securing the 
        return of any Americans who may still be held captive 
        in Southeast Asia;
          (2) the United States should ensure that there is a 
        viable sustained process of joint cooperation with the 
        Socialist Republic of Vietnam and the Lao People's 
        Democratic Republic to achieve credible answers for the 
        families of America's servicemen and civilians who are 
        missing or otherwise unaccounted for, including 
        primary-next-of-kin access to all records and 
        information resulting from the process of joint 
        investigations, surveys, and excavations;
          (3) the United States should encourage and provide 
        all necessary assistance to the families of POW/MIAs 
        and to American veterans organizations, such as the 
        American Legion, Veterans of Foreign Wars, and Vietnam 
        Veterans of America in their efforts to account for 
        POW/MIAs;
          (4) General John Vessey should be highly commended 
        for his personal commitment to resolving the POW/MIA 
        issue;
          (5) the United States should develop a means to 
        obtain the fullest possible accounting for Americans 
        who are listed as missing or otherwise unaccounted for 
        in Cambodia, without placing this humanitarian 
        objective into conflict with United States efforts to 
        obtain an acceptable political settlement of the 
        Cambodian situation; and
          (6) the United States should heighten responsible 
        public awareness of the Americans still missing or 
        otherwise unaccounted for in Southeast Asia through the 
        dissemination of factual data.

SEC. 355. CHINA'S ILLEGAL CONTROL OF TIBET.

  It is the sense of the Congress that--
          (1) Tibet, including those areas incorporated into 
        the Chinese provinces of Sichuan, Yunnan, Gansu, and 
        Quinghai, is an occupied country under the established 
        principles of international law;
          (2) Tibet's true representatives are the Dalai Lama 
        and the Tibetan Government in exile as recognized by 
        the Tibetan people;
          (3) Tibet has maintained throughout its history a 
        distinctive and sovereign national, cultural, and 
        religious identity separate from that of China and, 
        except during periods of illegal Chinese occupation, 
        has maintained a separate and sovereign political and 
        territorial identity;
          (4) historical evidence of this separate identity may 
        be found in Chinese archival documents and traditional 
        dynastic histories, in United States recognition of 
        Tibetan neutrality during World War II, and in the fact 
        that a number of countries including the United States, 
        Mongolia, Bhutan, Sikkim, Nepal, India, Japan, Great 
        Britain, and Russia recognized Tibet as an independent 
        nation or dealt with Tibet independently of any Chinese 
        government;
          (5) in 1949-1950, China launched an armed invasion of 
        Tibet in contravention of international law;
          (6) it is the policy of the United States to oppose 
        aggression and other illegal uses of force by one 
        country against the sovereignty of another as a manner 
        of acquiring territory, and to condemn violations of 
        international law, including the illegal occupation of 
        one country by another; and
          (7) numerous United States declarations since the 
        Chinese invasion have recognized Tibet's right to self-
        determination and the illegality of China's occupation 
        of Tibet.

SEC. 356.\82\ RELEASE OF PRISONERS HELD IN IRAQ.

  (a) Sense of Congress.--It is the sense of the Congress 
that--
---------------------------------------------------------------------------
    \82\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Political Affairs by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
---------------------------------------------------------------------------
          (1) in addition to other requirements of law, the 
        President should not lift United States economic 
        sanctions currently in place against the Iraqi 
        government, and should continue to make every effort to 
        ensure the multinational coalition maintains the full 
        range of economic sanctions as embodied in the 
        appropriate United Nations Security Council 
        resolutions; and
          (2) such sanctions should remain in effect until the 
        Iraqi government has released all individuals held 
        prisoner and has accounted as fully as possible for all 
        those missing as a result of Iraq's invasion of Kuwait, 
        including those Kuwaiti citizens and other Kuwaiti 
        residents captured or detained by Iraq.
  (b) Report to Congress.--The Secretary of State shall--
          (1) continue to consult with the International 
        Committee of the Red Cross (ICRC) on the status of a 
        detailed list of all Kuwaiti citizens and other 
        residents of Kuwait believed to have been captured or 
        detained by the government of Iraq; and
          (2) to the extent such information is available, 
        submit a report on the steps which have been taken and 
        planned actions to effect the release of remaining 
        prisoners held by Iraq to the appropriate committees of 
        the Congress not later than 180 days after the date of 
        the enactment of this Act.
  (c) Definition.--For the purposes of this section the term 
``appropriate committees of the Congress'' means the Committee 
on Foreign Relations of the Senate and the Committee on Foreign 
Affairs \81\ of the House of Representatives.

SEC. 357. POLICY TOWARD HONG KONG.

  It is the sense of the Congress that the United States should 
encourage the Government of the United Kingdom to provide the 
people of Hong Kong all possible civil liberties, including 
popular election of the territory's Legislative Council, so 
that it will bequeath a fully functioning, self-governing 
democracy to China in 1997.

SEC. 358. POLICY TOWARD TAIWAN.

  It is the sense of Congress that--
          (1) Taiwan's economic dynamism is a tribute to the 
        success of the postwar United States assistance program 
        and to Taiwan's commitment to an international system 
        of free trade;
          (2) Taiwan's economic growth has made it in recent 
        years an indispensable part of regional and 
        international networks of trade, investment, and 
        finance; and
          (3) the United States should support Taiwan's 
        interest in playing a role in international and 
        regional economic organizations.

SEC. 359. HUMAN RIGHTS ABUSES IN EAST TIMOR.

  (a) Findings.--The Congress finds that--
          (1) many tens of thousands out of a population of 
        nearly 700,000 perished in the former Portuguese colony 
        of East Timor between 1975 and 1980, as a result of 
        war-related killings, famine, and disease following the 
        invasion of that territory by Indonesia;
          (2) Amnesty International and other international 
        human rights organizations continue to report evidence 
        in East Timor of human rights violations, including 
        torture, arbitrary arrest, and repression of freedom of 
        expression;
          (3) serious medical, nutritional, and humanitarian 
        problems persist in East Timor;
          (4) a state of intermittent conflict continues to 
        exist in East Timor; and
          (5) the Governments of Portugal and Indonesia have 
        conducted discussions since 1982 under the auspices of 
        the United Nations to find an internationally 
        acceptable solution to the East Timor conflict.
  (b) Statement of Policy.--It is the sense of the Congress 
that--
          (1) the President should urge the Government of 
        Indonesia to take action to end all forms of human 
        rights violations in East Timor and to permit full 
        freedom of expression in East Timor;
          (2) the President should encourage the Government of 
        Indonesia to facilitate the work of international human 
        rights organizations and other groups seeking to 
        monitor human rights conditions in East Timor and to 
        continue and expand cooperation with international 
        humanitarian relief and development organizations 
        seeking to work in East Timor; and
          (3) the Administration should encourage the Secretary 
        General of the United Nations and the governments of 
        Indonesia, Portugal, and other involved parties, to 
        arrive at an internationally acceptable solution which 
        addresses the underlying causes of the conflict in East 
        Timor.

SEC. 360. SUPPORT FOR NEW DEMOCRACIES.

  It is the policy of the United States--
          (1) to support democratization within the Soviet 
        Union and support self-determination, observer and 
        other appropriate status in international 
        organizations, particularly the Conference on Security 
        and Cooperation in Europe (CSCE) and independence for 
        all republic-level governments which seek such status;
          (2) to shape its foreign assistance and other 
        programs to support those republics that pursue a 
        democratic and market-oriented course of development, 
        and demonstrate a commitment to abide by the rule of 
        law;
          (3) to strongly support peaceful resolution of 
        conflicts within the Soviet Union and between the 
        central Soviet government and Lithuania, Latvia, and 
        Estonia and republic-level governments;
          (4) to condemn the actual and threatened use of 
        martial law, pogroms, military occupation, blockades, 
        and other uses of force which have been used to 
        suppress democracy and self-determination; and
          (5) to view the threatened and actual use of force to 
        suppress the self-determination of republic-level 
        governments and Lithuania, Latvia, and Estonia as an 
        obstacle to fully normalized United States-Soviet 
        relations.

SEC. 361. POLICY REGARDING UNITED STATES ASSISTANCE TO THE SOVIET UNION 
                    AND YUGOSLAVIA.

  (a) Congressional Statement.--An essential purpose of United 
States foreign assistance is to foster the development of 
democratic institutions and free enterprise systems. Stable 
economic growth, fostered by free enterprise and free trade, is 
also important to the development of democratic institutions.
  (b) Declaration of United States Policy.--It is the policy of 
the United States, to the extent feasible and consistent with 
United States national interest, that--
          (1) assistance to the Soviet Union and Yugoslavia, 
        including their successor entities or any constituent 
        part, shall be conditioned on significant steps toward 
        political pluralism based on a democratic multi-party 
        political system, economic reform based on a market-
        oriented economy, respect for internationally 
        recognized human rights and a willingness to build a 
        friendly relationship with the United States; and
          (2) expanded trade with the republics in the Soviet 
        Union and Yugoslavia or their successor entities should 
        be encouraged.

SEC. 362.\83\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \83\ Sec. 362, relating to policy toward the release of political 
prisoners by South Africa, was repealed by sec. 4(b)(4) of the South 
African Democratic Transition Act of 1993 (Public Law 103-149; 107 
Stat. 1505).
---------------------------------------------------------------------------

SEC. 363. UNITED STATES TACTICAL NUCLEAR WEAPONS DESIGNED FOR 
                    DEPLOYMENT IN EUROPE.

  (a) Findings.--The Congress finds that--
          (1) the Warsaw Pact military alliance no longer 
        exists;
          (2) the Soviet Union's capability to pose a military 
        threat to European security has retreated radically; 
        and
          (3) in light of the retreating Soviet threat, West 
        European electorates are unlikely to approve the 
        deployment of new United States tactical nuclear 
        weapons on European soil.
  (b) Policy.--It is the sense of the Congress that the United 
States Government should not proceed with the research or 
development of any tactical nuclear system designed solely for 
deployment in Europe unless and until the Council of the North 
Atlantic Treaty Organization has officially announced how, 
when, and where such tactical nuclear systems will be deployed.

SEC. 364. UNITED STATES SUPPORT FOR UNCED.

  (a) Findings.--The Congress finds that--
          (1) the United Nations Conference on Environment and 
        Development (hereinafter in this section referred to as 
        ``UNCED'') is scheduled to meet in June 1992 in Rio de 
        Janiero, Brazil; and
          (2) UNCED affords a major opportunity to shape 
        international environmental policy as an underpinning 
        of sustainable development for well into the next 
        century.
  (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) the United States should seek to integrate 
        environmental principles and considerations into all 
        spheres of international economic activity;
          (2) the President should accord the UNCED process 
        high-level attention and priority within the executive 
        branch;
          (3) the United States should exercise a leadership 
        role in preparations for the June 1992 meeting of the 
        UNCED;
          (4) the United States should carefully consider what 
        it hopes to achieve through the UNCED and how United 
        States national security interests may best be advanced 
        in deliberations in that conference;
          (5) the United States should seek ways to forge a 
        global partnership and international cooperation among 
        developing and industrialized nations on behalf of 
        environmentally sound economic development;
          (6) the United States should actively pursue creative 
        approaches to the spectrum of UNCED issues which the 
        conference will address, and in particular seek 
        innovative solutions to the key cross-sectorial issues 
        of technology transfer and financial resources;
          (7) the United States should consider how best to 
        strengthen international legal and institutional 
        mechanisms to effectively address the range of UNCED 
        issues beyond the 1992 Conference and into the next 
        century;
          (8) the United States should promote broad 
        international participation in the UNCED process at all 
        levels, from grass roots to national;
          (9) the Agency for International Development should 
        assume an appropriate role in the preparations for the 
        June 1992 meeting of the UNCED, in view of the mandate 
        and expertise of that agency regarding the twin 
        conference themes of international environment and 
        development; and
          (10) the executive branch should consider funding for 
        appropriate activities related to the UNCED in amounts 
        which are commensurate with United States 
        responsibilities in the world, as such funds can 
        engender good will and further our national interests 
        and objectives in the UNCED process.

   TITLE IV--ARMS TRANSFERS RESTRAINT POLICY FOR THE MIDDLE EAST AND 
                        PERSIAN GULF REGION \84\

SEC. 401. FINDINGS.

  The Congress finds that--
---------------------------------------------------------------------------
    \84\ 22 U.S.C. 2778 note.
---------------------------------------------------------------------------
          (1) nations in the Middle East and Persian Gulf 
        region, which accounted for over 40 percent of the 
        international trade in weapons and related equipment 
        and services during the decade of the 1980's, are the 
        principal market for the worldwide arms trade;
          (2) regional instability, large financial resources, 
        and the desire of arms-supplying governments to gain 
        influence in the Middle East and Persian Gulf region, 
        contribute to a regional arms race;
          (3) the continued proliferation of weapons and 
        related equipment and services contribute further to a 
        regional arms race in the Middle East and Persian Gulf 
        region that is politically, economically, and 
        militarily destabilizing;
          (4) the continued proliferation of unconventional 
        weapons, including nuclear, biological, and chemical 
        weapons, as well as delivery systems associated with 
        those weapons, poses an urgent threat to security and 
        stability in the Middle East and Persian Gulf region;
          (5) the continued proliferation of ballistic missile 
        technologies and ballistic missile systems that are 
        capable of delivering conventional, nuclear, 
        biological, or chemical warheads undermines security 
        and stability in the Middle East and Persian Gulf 
        region;
          (6) future security and stability in the Middle East 
        and Persian Gulf region would be enhanced by 
        establishing a stable military balance among regional 
        powers by restraining and reducing both conventional 
        and unconventional weapons;
          (7) security, stability, peace, and prosperity in the 
        Middle East and Persian Gulf region are important to 
        the welfare of the international economy and to the 
        national security interests of the United States;
          (8) future security and stability in the Middle East 
        and Persian Gulf region would be enhanced through the 
        development of a multilateral arms transfer and control 
        regime similar to those of the Nuclear Suppliers' 
        Group, the Missile Technology Control Regime, and the 
        Australia Chemical Weapons Suppliers Group;
          (9) such a regime should be developed, implemented, 
        and agreed to through multilateral negotiations, 
        including under the auspices of the 5 permanent members 
        of the United Nations Security Council;
          (10) confidence-building arms control measures such 
        as the establishment of a centralized arms trade 
        registry at the United Nations, greater multinational 
        transparency on the transfer of defense articles and 
        services prior to agreement or transfer, cooperative 
        verification measures, advanced notification of 
        military exercises, information exchanges, on-site 
        inspections, and creation of a Middle East and Persian 
        Gulf Conflict Prevention Center, are important to 
        implement an effective multilateral arms transfer and 
        control regime;
          (11) as an interim step, the United States should 
        consider introducing, during the ongoing negotiations 
        on confidence security-building measures at the 
        Conference on Security and Cooperation in Europe 
        (CSCE), a proposal regarding the international exchange 
        of information, on an annual basis, on the sale and 
        transfer of major military equipment, particularly to 
        the Middle East and Persian Gulf region; and
          (12) such a regime should be applied to other regions 
        with the ultimate objective of achieving an effective 
        global arms transfer and control regime, implemented 
        and enforced through the United Nations Security 
        Council, that--
                  (A) includes a linkage of humanitarian and 
                developmental objectives with security 
                objectives in Third World countries, 
                particularly the poorest of the poor countries; 
                and
                  (B) encourages countries selling military 
                equipment and services to consider the 
                following factors before making conventional 
                arms sales: the security needs of the 
                purchasing countries, the level of defense 
                expenditures by the purchasing countries, and 
                the level of indigenous production of the 
                purchasing countries.

SEC. 402. MULTILATERAL ARMS TRANSFER AND CONTROL REGIME.

  (a) Implementation of the Regime.--
          (1) Continuing negotiations.--The President shall 
        continue negotiations among the 5 permanent members of 
        the United Nations Security Council and commit the 
        United States to a multilateral arms transfer and 
        control regime for the Middle East and Persian Gulf 
        region.
          (2) Proposing a temporary moratorium during 
        negotiations.--In the context of these negotiations, 
        the President should propose to the 5 permanent members 
        of the United Nations Security Council a temporary 
        moratorium on the sale and transfer of major military 
        equipment to nations in the Middle East and Persian 
        Gulf region until such time as the 5 permanent members 
        agree to a multilateral arms transfer and control 
        regime.
  (b) Purpose of the Regime.--The purpose of the multilateral 
arms transfer and control regime should be--
          (1) to slow and limit the proliferation of 
        conventional weapons in the Middle East and Persian 
        Gulf region with the aim of preventing destabilizing 
        transfers by--
                  (A) controlling the transfer of conventional 
                major military equipment;
                  (B) achieving transparency among arms 
                suppliers nations through advanced notification 
                of agreement to, or transfer of, conventional 
                major military equipment; and
                  (C) developing and adopting common and 
                comprehensive control guidelines on the sale 
                and transfer of conventional major military 
                equipment to the region;
          (2) to halt the proliferation of unconventional 
        weapons, including nuclear, biological, and chemical 
        weapons, as well as delivery systems associated with 
        those weapons and the technologies necessary to produce 
        or assemble such weapons;
          (3) to limit and halt the proliferation of ballistic 
        missile technologies and ballistic missile systems that 
        are capable of delivering conventional, nuclear, 
        biological, or chemical warheads;
          (4) to maintain the military balance in the Middle 
        East and Persian Gulf region through reductions of 
        conventional weapons and the elimination of 
        unconventional weapons; and
          (5) to promote regional arms control in the Middle 
        East and Persian Gulf region.
  (c) Achieving the Purposes of the Regime.--
          (1) Controlling proliferation of conventional 
        weapons.--In order to achieve the purposes described in 
        subsection (b)(1), the United States should pursue the 
        development of a multilateral arms transfer and control 
        regime which includes--
                  (A) greater information-sharing practices 
                among supplier nations regarding potential arms 
                sales to all nations of the Middle East and 
                Persian Gulf region;
                  (B) applying, for the control of conventional 
                major military equipment, procedures already 
                developed by the International Atomic Energy 
                Agency, the Multilateral Coordinating Committee 
                on Export Controls (COCOM), and the Missile 
                Technology Control Regime (MTCR); and
                  (C) other strict controls on the 
                proliferation of conventional major military 
                equipment to the Middle East and Persian Gulf 
                region.
          (2) Halting proliferation of unconventional 
        weapons.--In order to achieve the purposes described in 
        subsections (b) (2) and (3), the United States should 
        build on existing and future agreements among supplier 
        nations by pursuing the development of a multilateral 
        arms transfer and control regime which includes--
                  (A) limitations and controls contained in the 
                Enhanced Proliferation Control Initiative;
                  (B) limitations and controls contained in the 
                Missile Technology Control Regime (MTCR);
                  (C) guidelines followed by the Australia 
                Group on chemical and biological arms 
                proliferation;
                  (D) guidelines adopted by the Nuclear 
                Suppliers Group (the London Group); and
                  (E) other appropriate controls that serve to 
                halt the flow of unconditional weapons to the 
                Middle East and Persian Gulf region.
          (3) Promotion of regional arms control agreements.--
        In order to achieve the purposes described in 
        subsections (b) (4) and (5), the United States should 
        pursue with nations in the Middle East and Persian Gulf 
        region--
                  (A) the maintenance of the military balance 
                within the region, while eliminating nuclear, 
                biological, and chemical weapons and associated 
                delivery systems, and ballistic missiles;
                  (B) the implementation of confidence-building 
                and security-building measures, including 
                advance notification of certain ground and 
                aerial military exercises in the Middle East 
                and the Persian Gulf; and
                  (C) other useful arms control measures.
  (d) Major Military Equipment.--As used in this title, the 
term ``major military equipment'' means--
          (1) air-to-air, air-to-surface, and surface-to-
        surface missiles and rockets;
          (2) turbine-powered military aircraft;
          (3) attack helicopters;
          (4) main battle tanks;
          (5) submarines and major naval surface combatants;
          (6) nuclear, biological, and chemical weapons; and
          (7) such other defense articles and defense services 
        as the President may determine.

SEC. 403.\85\ LIMITATION ON UNITED STATES ARMS SALES TO THE REGION.

  Beginning 60 days after the date of enactment of the 
International Cooperation Act of 1991 or the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, whichever is 
enacted first, no sale of any defense article or defense 
service may be made to any nation in the Middle East and 
Persian Gulf region, and no license may be issued for the 
export of any defense article or defense service to any nation 
in the Middle East and Persian Gulf region, unless the 
President--
---------------------------------------------------------------------------
    \85\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181) 
provided for the administration of proliferation sanctions, Middle East 
Arms Control, and related Congressional reporting requirements, 
including the following:
    ``Sec. 3. Arms Control in the Middle East. The certification and 
reporting functions vested in me by sections 403 and 404 of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993, are delegated 
to the Secretary of State. The Secretary of State shall exercise these 
functions in consultation with the Secretary of Defense and other 
agencies as appropriate.''.
    An earlier memorandum of December 27, 1991 (57 F.R. 1069), made the 
same delegation.
---------------------------------------------------------------------------
          (1) certifies in writing to the relevant 
        congressional committees that the President has 
        undertaken good faith efforts to convene a conference 
        for the establishment of an arms suppliers regime 
        having elements described in section 402; and
          (2) submits to the relevant congressional committees 
        a report setting forth a United States plan for leading 
        the world community in establishing such a multilateral 
        regime to restrict transfers of advanced conventional 
        and unconventional arms to the Middle East and Persian 
        Gulf region.

SEC. 404.\85\ REPORTS TO THE CONGRESS.

  (a) Quarterly Reports.--Beginning on January 15, 1992, and 
quarterly thereafter through October 15, 1993, the President 
shall submit to the relevant congressional committees a 
report--
          (1) describing the progress in implementing the 
        purposes of the multilateral arms transfer and control 
        regime as described in section 402(b); and
          (2) describing efforts by the United States and 
        progress made to induce other countries to curtail 
        significantly the volume of their arms sales to the 
        Middle East and Persian Gulf region, and if such 
        efforts were not made, the justification for not making 
        such efforts.
  (b) Initial Report on Transfers and Regional Military 
Balance.--Not later than 60 days after the date of enactment of 
the International Cooperation Act of 1991 or the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993, 
whichever is enacted first, the President shall submit to the 
relevant congressional committee a report--
          (1) documenting all transfers of conventional and 
        unconventional arms by any nation to the Middle East 
        and Persian Gulf region over the previous calendar year 
        and the previous 5 calendar years, including sources, 
        types, and recipient nations of weapons;
          (2) analyzing the current military balance in the 
        region, including the effect on the balance of 
        transfers documented under paragraph (1);
          (3) describing the progress in implementing the 
        purposes of the multilateral arms transfer and control 
        regime as described in section 402(b);
          (4) describing any agreements establishing such a 
        regime; and
          (5) identifying supplier nations that have refused to 
        participate in such a regime or that have engaged in 
        conduct that violates or undermines such a regime.
  (c) Annual Reports on Transfers and Regional Military 
Balance.--Beginning July 15, 1992, and every 12 months 
thereafter, the President shall submit to the relevant 
congressional committees a report--
          (1) documenting all transfers of conventional and 
        unconventional arms by any nation to the Middle East 
        and Persian Gulf region over the previous calendar 
        year, including sources, types, and recipient nations 
        of weapons;
          (2) analyzing the current military balance in the 
        region, including the effect on the balance of transfer 
        documented under paragraph (1);
          (3) describing the progress in implementing the 
        purposes of the multilateral arms transfer and control 
        regime as described in section 402(b); and
          (4) identifying supplier nations that have refused to 
        participate in such a regime or that have engaged in 
        conduct that violates or undermines such a regime.

SEC. 405. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.

  As used in this title, the term ``relevant congressional 
committees'' means the Committee on Foreign Affairs \86\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.
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    \86\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \87\ Title V was repealed by sec. 309 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 (title 
III of Public Law 102-182; 105 Stat. 1258). See the freestanding 
provisions of the Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991, and sec. 11C of the Export Administration Act 
as enacted by sec. 305(a) of Public Law 102-182, in Legislation on 
Foreign Relations Through 2000, vol. III; and chapter 8 of the Arms 
Export Control Act, as enacted by sec. 305(b) of Public Law 102-182, in 
Legislation on Foreign Relations Through 2001, vol. I-A.
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TITLE V--CHEMICAL AND BIOLOGICAL WEAPONS CONTROL * * * [Repealed--1991] 
                                  \87\
               j. International Peacekeeping Act of 1992

  Public Law 102-311 [H.R. 4548], 106 Stat. 277, approved July 2, 1992

   AN ACT To authorize contributions to United Nations peacekeeping 
                              activities.

    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 ``International Peacekeeping 
Act of 1992''.

SEC. 2. UNITED NATIONS PEACEKEEPING ACTIVITIES.

    (a) Fiscal Year 1992.--In addition to such amounts as are 
otherwise authorized to be appropriated for such purpose, there 
are authorized to be appropriated $350,000,000 for fiscal year 
1992 for the Department of State for assessed and voluntary 
contributions of the United States to United Nations 
peacekeeping activities. Authorizations of appropriations under 
this subsection shall remain available until October 1, 1994.
    (b) Fiscal Year 1993.--In addition to such amounts as are 
otherwise authorized to be appropriated for such purpose, there 
are authorized to be appropriated $366,069,000 for fiscal year 
1993 for the Department of State for assessed contributions of 
the United States to United Nations peacekeeping activities.
    (c) Contributions to International Organizations.--In 
addition to such amounts as are authorized to be appropriated 
in section 102(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993, there are authorized to be 
appropriated $53,814,000 for fiscal year 1993 for 
``Contributions to International Organizations''.
   k. Foreign Relations Persian Gulf Conflict Emergency Supplemental 
                  Authorization Act, Fiscal Year 1991

 Partial text of Public Law 102-20 [H.R. 1176], 105 Stat. 68, approved 
                             March 27, 1991

 AN ACT To provide authorizations for supplemental appropriations for 
    fiscal year 1991 for the Department of State and the Agency for 
 International Development for certain emergency costs associated with 
           the Persian Gulf conflict, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Relations Persian 
Gulf Conflict Emergency Supplemental Authorization Act, Fiscal 
Year 1991''.

SEC. 2. SALARIES AND EXPENSES.

    In addition to such amounts as are authorized to be 
appropriated in section 101(a)(1) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991, there are 
authorized to be appropriated $10,000,000 as emergency 
supplemental appropriations for fiscal year 1991 for ``Salaries 
and Expenses'' for the Department of State. Funds authorized to 
be appropriated under this section are designated emergency 
requirements pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 3. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.

    In addition to such amounts as are authorized to be 
appropriated in section 101(a)(4) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991, there are 
authorized to be appropriated $9,300,000 as emergency 
supplemental appropriations for fiscal year 1991 for 
``Emergencies in the Diplomatic and Consular Service'' for the 
Department of State to be available only for costs associated 
with the evacuation of United States Government employees 
(including contractor employees) and their dependents and other 
United States citizens from diplomatic posts. Funds authorized 
to be appropriated under this section are designated emergency 
requirements pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 4.\1\ SPECIAL PURPOSE PASSENGER MOTOR VEHICLES. * * *
---------------------------------------------------------------------------

    \1\ Sec. 4 amended sec. 2 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2669).
---------------------------------------------------------------------------

SEC. 5. AGENCY FOR INTERNATIONAL DEVELOPMENT EMERGENCY EVACUATION 
                    EXPENSES.

    There are authorized to be appropriated $6,000,000 as 
emergency supplemental appropriations for fiscal year 1991 for 
the operating expenses of the Agency for International 
Development. Such funds shall be available only for the costs 
of evacuating United States Government employees and personal 
service contractors, and their dependents, and for subsistence 
allowance payments. Funds authorized to be appropriated under 
this section are designated emergency requirements pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

SEC. 6.\2\ BURDENSHARING.

    The Congress--
---------------------------------------------------------------------------
    \2\ See also legislation relating to U.S. policy toward Iraq, in 
Legislation on Foreign Relations Through 2001, vol. I-B.
---------------------------------------------------------------------------
    (1) takes note of the commendable efforts on the part of 
the President and the Secretary of State to encourage our 
allies to assist financially in the effort to liberate Kuwait; 
and
    (2) calls on the President and the Secretary of State to 
take such actions as are necessary to ensure that the 
burdensharing promises made to the American people by our 
allies are fulfilled.
   l. Foreign Relations Authorization Act, Fiscal Years 1990 and 1991

Partial text of Public Law 101-246 [H.R. 3792], 104 Stat. 15, approved 
   February 16, 1990; amended by Public Law 101-302 [Dire Emergency 
   Supplemental Appropriation for Disaster Assistance, Food Stamps, 
 Unemployment Compensation Administration, and Other Urgent Needs, and 
  Transfers, and Reducing Funds Budgeted for Military Spending Act of 
1990; H.R. 4404], 104 Stat. 213, approved May 25, 1990; Public Law 102-
 138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; 
 H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public Law 102-
499 [H.R. 6047], 106 Stat. 3264, approved October 24, 1992; Public Law 
   102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved 
October 24, 1992; Public Law 102-549 [Jobs Through Exports Act of 1992, 
 H.R. 4996], 106 Stat. 3651, approved October 28, 1992; Public Law 103-
199 [FRIENDSHIP Act, H.R. 3000], 107 Stat. 2317, approved December 17, 
 1993; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal 
  Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 
  1994; Public Law 103-306 [Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995; H.R. 4426], 108 Stat. 1608, 
  approved August 23, 1994; Public Law 103-415 [H.R. 5034], 108 Stat. 
     4299, approved October 25, 1994; Public Law 104-107 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
  1996; H.R. 1868], 110 Stat. 704, approved February 12, 1996; and by 
 Public Law 105-277 [Foreign Relations Authorization Act, Fiscal Years 
  1998 and 1999; H.R. 4328], 112 Stat. 2681-802, approved October 21, 
                                  1998


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.



 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for 
            the Department of State, 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.\1\ SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

                      TITLE I--DEPARTMENT OF STATE

    PART A--AUTHORIZATION OF APPROPRIATIONS; ALLOCATIONS OF FUNDS; 
                              RESTRICTIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    (a) Diplomatic and Ongoing Operations.--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 (other than the diplomatic 
security program):
          (1) \2\ Salaries and expenses.--For ``Salaries and 
        Expenses'', of the Department of State $1,432,124,000 
        for the fiscal year 1990 and $1,583,598,000 for the 
        fiscal year 1991,\3\ of which not less than $250,000 
        for each fiscal year shall be available only for use by 
        the Bureau of International Communications and 
        Information Policy to support international 
        institutional development and other activities which 
        promote international communications and information 
        development.
---------------------------------------------------------------------------
    \2\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1006), provided $1,741,239,000 for 
``Salaries and Expenses''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2124), provided $1,860,017,000.
    Sec. 2 of the Foreign Relations Persian Gulf Conflict Emergency 
Supplemental Authorization Act, Fiscal Year 1991 (Public Law 102-20; 
105 Stat. 68), authorized an additional ``$10,000,000 as emergency 
supplemental appropriations for fiscal year 1991 for `Salaries and 
Expenses' for the Department of State.''.
    \3\ Sec. 1102 of this Act waived the text of sec. 101(a) that 
follows ``1991'' for fiscal years 1990 and 1991, effective on the date 
of enactment of this Act (February 16, 1990).
---------------------------------------------------------------------------
          (2) \4\ Acquisition and maintenance of buildings 
        abroad.--For ``Acquisition and Maintenance of Buildings 
        Abroad'', $218,900,000 for the fiscal year 1990 and 
        $227,656,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \4\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $348,100,000 for 
``Acquisitions and Maintenance of Buildings Abroad''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $227,656,000.
---------------------------------------------------------------------------
          (3) \5\ Representation allowances.--For 
        ``Representation Allowances'', $4,600,000 for the 
        fiscal year 1990 and $5,000,000 for the fiscal year 
        1991.
---------------------------------------------------------------------------
    \5\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $4,600,000 for 
``Representation Allowances''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $4,600,000.
---------------------------------------------------------------------------
          (4) \6\ Emergencies in the diplomatic and consular 
        service.--For ``Emergencies in the Diplomatic and 
        Consular Service'', $4,700,000 for the fiscal year 1990 
        and $4,888,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \6\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $4,700,000 for 
``Emergencies in the Diplomatic and Consular Service''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $4,888,000.
    Sec. 3 of the Foreign Relations Persian Gulf Conflict Emergency 
Supplemental Authorization Act, Fiscal Year 1991 (Public Law 102-20; 
105 Stat. 68) authorized the following:
    ``sec. 3. emergencies in the diplomatic and consular service.
    ``In addition to such amounts as are authorized to be appropriated 
in section 101(a)(4) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991, there are authorized to be appropriated $9,300,000 
as emergency supplemental appropriations for fiscal year 1991 for 
`Emergencies in the Diplomatic and Consular Service' for the Department 
of State to be available only for costs associated with the evacuation 
of United States Government employees (including contractor employees) 
and their dependents and other United States citizens from diplomatic 
posts. Funds authorized to be appropriated under this section are 
designated emergency requirements pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.''.
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          (5) \7\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $21,000,000 for 
        the fiscal year 1990 and $21,840,000 for the fiscal 
        year 1991.
---------------------------------------------------------------------------
    \7\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $21,000,000 for ``Office 
of Inspector General''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $21,840,000.
---------------------------------------------------------------------------
          (6) \8\ Payment to the american institute in 
        taiwan.--For ``Payment to the American Institute in 
        Taiwan'', $11,300,000 for the fiscal year 1990 and 
        $11,752,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \8\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $11,300,000 for ``Payment 
to the American Institute in Taiwan''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2126), provided $11,752,000.
---------------------------------------------------------------------------
    (b) Diplomatic Security Program.--In addition to amounts 
authorized to be appropriated by subsection (a), the following 
amounts are authorized to be appropriated under 
``Administration of Foreign Affairs'' for the fiscal years 1990 
and 1991 for the Department of State to carry out the 
diplomatic security program:
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $309,365,000 for the fiscal year 1990 and 
        $361,995,000 for the fiscal year 1991.
          (2) \9\ Protection of foreign missions and 
        officials.--For ``Protection of Foreign Missions and 
        Officials'', $9,100,000 for the fiscal year 1990 and 
        $9,464,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \9\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1007), provided $9,100,000 for 
``Protection of Foreign Missions and Officials''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2125), provided $9,100,000.
---------------------------------------------------------------------------
    (c) \10\ Allocation for Office of Munitions Control.--Of 
the amounts authorized to be appropriated by this section, 
there shall be available only for the Office of Munitions 
Control of the Department of State for each of the fiscal years 
1990 and 1991 such amount as is necessary to maintain at least 
53 full-time equivalent personnel and any associated costs.
---------------------------------------------------------------------------
    \10\ Sec. 1102 of this Act waived sec. 101(c) for fiscal years 1990 
and 1991, effective on date of enactment of this Act (February 16, 
1990).
---------------------------------------------------------------------------

SEC. 102. INTERNATIONAL ORGANIZATIONS AND CONFERENCES.

    (a) Assessed Contributions to International 
Organizations.--
          (1) \11\ There are authorized to be appropriated for 
        ``Contributions to International Organizations'', 
        $714,927,000 for the fiscal year 1990 and $817,000,000 
        for the fiscal year 1991 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 for other purposes authorized by law.
---------------------------------------------------------------------------
    \11\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1008), provided $622,000,000 for 
``Contributions to International Organizations'', and also provided 
``That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2126), provided $787,605,000, with the 
same proviso.
---------------------------------------------------------------------------
          (2) \12\ Of the amounts authorized to be appropriated 
        by paragraph (1), $1,249,000 for the fiscal year 1990 
        shall be available only for the South Pacific 
        Commission.
---------------------------------------------------------------------------
    \12\ Sec. 1102 of this Act waived sec. 102(a)(2) for fiscal years 
1990 and 1991, effective on date of enactment of this Act (February 16, 
1990).
---------------------------------------------------------------------------
    (b) \13\ Contributions to International Peacekeeping 
Activities.--There are authorized to be appropriated for 
``Contributions to International Peacekeeping Activities'', 
$111,184,000 for the fiscal year 1990 and $115,000,000 for the 
fiscal year 1991 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 for other 
purposes authorized by law.
---------------------------------------------------------------------------
    \13\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1008), provided $81,500,000 for 
``Contributions for International Peacekeeping Activities'', including 
arrearages incurred through fiscal year 1989.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2126), provided $115,000,000.
---------------------------------------------------------------------------
    (c) \14\ International Conferences and Contingencies.--(1) 
There are authorized to be appropriated for ``International 
Conferences and Contingencies'', $6,340,000 for the fiscal year 
1990 and $7,300,000 for the fiscal year 1991 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 for other purposes authorized by law.
---------------------------------------------------------------------------
    \14\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1008), provided $6,340,000 for 
``International Conferences and Contingencies''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2126), provided $7,300,000.
---------------------------------------------------------------------------
    (2) None of the funds authorized to be appropriated under 
paragraph (1), may be obligated or expended for any United 
States delegation to any meeting of the Conference on Security 
and Cooperation in Europe (CSCE) or meetings within the 
framework of the CSCE unless the United States delegation to 
any such meeting includes individuals representing the 
Commission on Security and Cooperation in Europe.

SEC. 103. 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) \15\ for ``Salaries and Expenses'' for 
                the fiscal year 1990, $10,460,000 and, for the 
                fiscal year 1991, $10,878,000; and
---------------------------------------------------------------------------
    \15\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1008), provided $10,460,000 for 
``Salaries and Expenses''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $10,500,000.
---------------------------------------------------------------------------
                  (B) \16\ for ``Construction'' for the fiscal 
                year 1990, $11,500,000 and, for the fiscal year 
                1991, $11,900,000.
---------------------------------------------------------------------------
    \16\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided $11,500,000 for 
``Construction''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $10,000,000.
---------------------------------------------------------------------------
          (2) \17\ International boundary commission, united 
        states and canada.--For ``International Boundary 
        Commission, United States and Canada'', $750,000 for 
        the fiscal year 1990 and $780,000 for the fiscal year 
        1991.
---------------------------------------------------------------------------
    \17\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided the following for 
``American Sections, International Commissions'':
    ``For necessary expenses, not otherwise provided for, including not 
to exceed $9,000 for representation expenses incurred by the 
International Joint Commission, $4,500,000; for the International Joint 
Commission and the International Boundary Commission, as authorized by 
treaties between the United States and Canada or Great Britain.''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided:
    ``For necessary expenses, not otherwise provided for including not 
to exceed $9,000 for representation expenses incurred by the 
International Joint Commission, $4,400,000; for the International Joint 
Commission and the International Boundary Commission, as authorized by 
treaties between the United States and Canada or Great Britain.''.
---------------------------------------------------------------------------
          (3) \17\ International joint commission.--For 
        ``International Joint Commission'', $3,750,000 for the 
        fiscal year 1990 and $3,900,000 for the fiscal year 
        1991.
          (4) \18\ International fisheries commissions.--For 
        ``International Fisheries Commissions'', $11,000,000 
        for the fiscal year 1990 and $11,440,000 for the fiscal 
        year 1991.
---------------------------------------------------------------------------
    \18\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided $12,300,000 for 
``International Fisheries Commissions''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $12,147,000.
---------------------------------------------------------------------------

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated for ``Migration and Refugee Assistance''--
          (1) \19\ for authorized activities, $415,000,000 for 
        the fiscal year 1990 and $445,000,000 for the fiscal 
        year 1991; and
---------------------------------------------------------------------------
    \19\ Sec. 2 of the Emergency Supplemental Persian Gulf Refugee 
Assistance Act of 1991 (Public Law 102-45; 105 Stat. 247), authorized 
supplemental appropriations for fiscal year 1991, as follows:
    ``sec. 2. emergency assistance for refugees.
    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated as supplemental appropriations for fiscal year 1991 for 
emergency humanitarian assistance for Iraqi refugees and other persons 
in and around Iraq who are displaced as a result of the Persian Gulf 
conflict, and to reimburse appropriations accounts from which such 
assistance was provided before the date of the enactment of this Act--
---------------------------------------------------------------------------

          ``(1) up to $150,000,000 for `International Disaster 
        Assistance' under chapter 9 of part I of the Foreign Assistance 
        Act of 1961; and
          ``(2) up to $200,000,000 for `Migration and Refugee 
        Assistance' for the Department of State.
---------------------------------------------------------------------------
    ``(b) Emergency Migration and Refugee Assistance.--For purposes of 
section 2(c)(2) of the Migration and Refugee Assistance Act of 1962, 
the limitation on appropriations for the `United States Emergency 
Refugee and Migration Assistance Fund' for fiscal year 1991 shall be 
deemed to be $75,000,000.''.
    Further, chapter II of the Dire Emergency Supplemental 
Appropriations (Public Law 102-55; 105 Stat. 292) provided the 
following:
---------------------------------------------------------------------------

                   ``Migration and Refugee Assistance

                         ``(transfer of funds)
---------------------------------------------------------------------------
    ``For an additional amount for `Migration and Refugee Assistance', 
$75,000,000: Provided, That in addition to amounts otherwise available 
for such purposes, up to $250,000 of the funds appropriated under this 
heading may be made available for the administrative expenses of the 
Office of Refugee Programs of the Department of State: Provided 
further, That funds made available under this heading shall remain 
available until September 30, 1992.
---------------------------------------------------------------------------

    ``United States Emergency Refugee and Migration Assistance Fund

                         ``(transfer of funds)
---------------------------------------------------------------------------
    ``For an additional amount for the `United States Emergency Refugee 
and Migration Assistance Fund', $68,000,000, to remain available until 
expended: Provided, That the funds made available under this heading 
are appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 that would 
limit the amount of funds that could be appropriated for this 
purpose.''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1995), provided 
$485,648,000 for ``Migration and Refugee Assistance'', earmarked for 
several specific programs.
    Public Law 101-513 (104 Stat. 1996) also provided $35,000,000 for 
the ``United States Emergency Refugee and Migration Assistance Fund''.
    The Dire Emergency Supplemental Appropriations Act of 1990 (Public 
Law 101-302; 104 Stat. 222) provided $75,000,000 for ``Migration and 
Refugee Assistance'', earmarked for several specific programs; and 
$25,000,000 for ``United States Emergency Refugee and Migration 
Assistance Fund''.
    Title III of the Continuing Appropriations and Supplemental 
Appropriations Act (Public Law 101-403; 104 Stat. 874) provided 
$10,000,000 for the ``United States Emergency Refugee and Migration 
Assistance Fund''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1210), provided 
$370,000,000 for ``Migration and Refugee Assistance'', earmarked for 
several specific programs.
    Public Law 101-167 also provided $50,000,000 for the ``United 
States Emergency Refugee and Migration Assistance Fund''.
    The Dire Emergency Supplemental Appropriations and Transfers, 
Urgent Supplementals, and Correcting Enrollment Errors Act of 1989 
(Public Law 101-45; 103 Stat. 101) provided the following:
---------------------------------------------------------------------------

                   ``Migration and Refugee Assistance
---------------------------------------------------------------------------
    ``For an additional amount for `Migration and refugee assistance', 
$100,000,000, to support emergency refugee admissions and assistance: 
Provided, That this amount may be derived through new budget authority, 
or the President may transfer to such account for purposes of this 
paragraph any unobligated and unearmarked funds made available under 
Public Law 100-461, notwithstanding section 514 as amended by section 
589 of Public Law 100-461: Provided further, That if the President 
transfers funds for this paragraph not more than 3.3 per centum of the 
unobligated and unearmarked funds available under any account in Public 
Law 100-461 may be transferred: Provided further, That any transfer of 
funds pursuant to this paragraph shall be subject to the regular 
reprogramming procedures of the Committees on Appropriations: Provided 
further, That not less than $85,000,000 of such amount shall be made 
available for Soviet and other Eastern European Refugee admissions and 
for admissions restored to other regions: Provided further, That funds 
provided under this paragraph are available until expended.''.
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          (2) \20\ for each of the fiscal years 1990 and 1991 
        for assistance for refugees resettling in Israel, 
        $25,000,000.
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    \20\ The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1210), provided 
that, of the $370,000,000 appropriated for Migration and Refugee 
Assistance, ``not less than $25,000,000 shall be available for Soviet, 
Eastern European and other refugees resettling in Israel''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1995), 
earmarked $45,000,000 for Soviet, Eastern European and other refugees 
resettling in Israel.
    The Dire Emergency Supplemental Appropriations Act of 1990 (Public 
Law 101-302; 104 Stat. 222) earmarked $5,000,000.
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    (b) Availability of Funds.--Funds appropriated pursuant to 
paragraph (1) or (2) of subsection (a) are authorized to remain 
available until expended.

SEC. 105.\21\ OTHER PROGRAMS.

    The following amounts are authorized to be appropriated for 
the Department of State to carry out the authorities, 
functions, duties, and responsibilities in the conduct of the 
foreign affairs of the United States and for other purposes 
authorized by law:
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    \21\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided for the programs listed 
here, and for ``Payment to the Asia Foundation'': $13,900,000; and for 
the ``Fishermen's Guaranty Fund'': $900,000.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided for the programs listed 
here, and for ``Payment to the Asia Foundation'': $13,978,000; for the 
``Fishermen's Guaranty Fund'': $900,000; and for the ``Fishermen's 
Protective Fund'': $500,000.
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          (1) \22\ United states bilateral science and 
        technology agreements.--For ``United States Bilateral 
        Science and Technology Agreements'', $4,000,000 for the 
        fiscal year 1990 and $4,160,000 for the fiscal year 
        1991.
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    \22\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided $4,000,000 for ``United 
States Bilateral Science and Technology Agreements''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $4,500,000.
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          (2) \23\ Soviet-east european research and 
        training.--For ``Soviet-East European Research and 
        Training'', $4,600,000 for the fiscal year 1990 and 
        $5,200,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \23\ The Department of State Appropriations Act, 1990 (title III of 
Public Law 101-162; 103 Stat. 1009), provided $4,600,000 for ``Soviet-
East European Research and Training''.
    The Department of State Appropriations Act, 1991 (title III of 
Public Law 101-515; 104 Stat. 2127), provided $4,600,000.
---------------------------------------------------------------------------

SEC. 106.\24\ * * *
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    \24\ Sec. 106 added a new sec. 11 to the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2678), relating to a reduction in 
earmarks if appropriations are less than authorizations.
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SEC. 107.\25\ * * *
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    \25\ Sec. 107 amended sec. 24 of the State Department Basic 
Authorities Act of 1956.
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SEC. 108.\26\ * * *
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    \26\ Sec. 108 amended sec. 1302(b) of the International Security 
and Development Cooperation Act of 1985 (22 U.S.C. 2151), to prohibit 
use of funds ``for the conduct of current dialogue on the Middle East 
peace process with any representative of the Palestine Liberation 
Organization, if the President knows and advises the Congress that that 
representative directly participated in the planning or execution of a 
particular terrorist activity which resulted in the death or kidnapping 
of a United States citizen.''. For text, see Legislation on Foreign 
Relations Through 2001, vol. I-A.
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    PART B--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN 
                                MISSIONS

          * * * * * * *

SEC. 115. ENHANCEMENT OF EVACUATION CAPABILITY AND PROCEDURES REGARDING 
                    MAJOR DISASTERS AND INCIDENTS ABROAD AFFECTING 
                    UNITED STATES CITIZENS.

          * * * * * * *
    (d) \27\ Development of Standardized Procedures.--
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 2715 note.
---------------------------------------------------------------------------
          (1) The Secretary of State shall enter into 
        discussions with international air carriers and other 
        appropriate entities to develop standardized procedures 
        which will assist the Secretary in implementing the 
        provisions of section 43 of the State Department Basic 
        Authorities Act of 1956, as amended by subsection (c).
          (2) The Secretary of State shall consider the 
        feasibility of establishing a toll-free telephone 
        number to facilitate inquiries by the next-of-kin in 
        cases of major disasters or incidents abroad which 
        affect the health and safety of citizens of the United 
        States residing or traveling abroad.
    (e) Report to Congress.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State shall 
prepare and submit a report to the Congress which sets forth 
plans for the implementation of the amendment made by 
subsection (c) and the provisions of subsection (d)(1), 
together with the Secretary's comments concerning the proposal 
under subsection (d)(2).
          * * * * * * *

SEC. 124. OPENING A UNITED STATES CONSULATE IN BRATISLAVA.

    (a) Findings.--The Congress finds that--
          (1) the State Department's ``special consulate'' 
        concept offers a model for reopening a consulate in 
        Bratislava, Czechoslovakia, at modest cost and with 
        significant public diplomacy and political benefits;
          (2) the United States still owns the old consulate 
        building and in 1987-1988 spent about $500,000 to 
        renovate parts of the building;
          (3) the building has been productively used for trade 
        and cultural events, but could be more effectively used 
        by restoring it to its original purpose as the locus of 
        official United States representation in the Slovak 
        capital;
          (4) Slovakia has been the source of the largest and 
        most recent wave of Czechoslovak emigration to the 
        United States and approximately three and one-half 
        million Americans are of Slovak heritage;
          (5) American tourists in Slovakia, many visiting 
        relatives, often require consular assistance and this 
        consular support could best be provided by a consulate 
        in Bratislava;
          (6) Slovaks account for more than half of all 
        Czechoslovak tourist travel to the United States and 
        this travel, which should be encouraged, could be 
        expedited by a United States consulate in Bratislava;
          (7) the Slovak underground Catholic Church is one of 
        the most vibrant religious forces in Czechoslovakia and 
        each year tens of thousands of Catholics make 
        pilgrimages to Slovakia;
          (8) American outreach efforts in Slovakia have been 
        hindered by the absence of a constant and direct 
        American presence in Bratislava; and
          (9) with its Hungarian, Polish, and Ukrainian 
        minorities, a United States consulate in Bratislava 
        would provide important information on both regional 
        and local developments.
    (b) Sense of the Congress.--It is the sense of the Congress 
that the President should take all practicable steps to reopen 
the United States consulate in Bratislava, Czechoslovakia.

SEC. 125.\28\ CONSTRUCTION OF UNITED STATES EMBASSY IN OTTAWA.

    Section 402(a) of the Diplomatic Security Act (22 U.S.C. 
4852(a)) shall not apply to the construction or renovation of 
the United States Embassy in Ottawa, Canada.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 4852 note.
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SEC. 126. VOLUNTARY PILOT PROGRAM FOR INCREASED PARTICIPATION BY 
                    ECONOMICALLY AND SOCIALLY DISADVANTAGED ENTERPRISES 
                    IN FOREIGN RELATIONS ACTIVITIES.

    (a) Establishment of Pilot Program for Voluntary Set-
Asides.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State (in consultation with the 
Director of the United States Information Agency) shall prepare 
and transmit a detailed plan for the establishment for the 
fiscal years 1990 and 1991 of a pilot program of voluntary set-
asides for increased participation, to the extent practicable, 
by economically and socially disadvantaged enterprises in 
programs and activities of the Department of State and the 
United States Information Agency to the Committee on Foreign 
Affairs \29\ of the House of Representatives and the Committee 
on Foreign Relations of the Senate.
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    \29\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (b) Contents of Plan.--Such plan shall include--
          (1) a description of where such pilot program will be 
        located in each such agency's organizational structure 
        and what relevant lines of authority will be 
        established;
          (2) a listing of the specific responsibilities that 
        will be assigned to the pilot program to enable it to 
        increase, to the extent practicable and in a rational 
        and effective manner, participation of economically and 
        socially disadvantaged enterprises in activities funded 
        by such agencies;
          (3) a detailed design for a time-phase system for 
        bringing about expanded participation, to the extent 
        practicable, by economically and socially disadvantaged 
        enterprises, including--
                  (A) specific recommendations for percentage 
                allocations of contracts, subcontracts, 
                procurement, grants, and research and 
                development activities by such agencies to such 
                enterprises; and
                  (B) particular consideration of the 
                participation of economically and socially 
                disadvantaged enterprises in activities in the 
                areas of communications, telecommunications, 
                and information systems;
          (4) a proposed reporting system that will permit 
        objective measuring of the degree of participation of 
        economically and socially disadvantaged enterprises in 
        comparison to the total activities funded by such 
        agencies;
          (5) a detailed projection of the administrative 
        budgetary impact of the establishment of the pilot 
        program; and
          (6) a detailed set of objective criteria upon which 
        determinations will be made as to the qualifications of 
        economically and socially disadvantaged enterprises to 
        receive contracts funded by such agencies.
    (c) Objectives.--The objective of the pilot program shall 
be to increase the participation, to the extent practicable, of 
economically and socially disadvantaged business enterprises in 
contract, procurement, grant, and research and development 
activities funded by the agencies.
    (d) Responsibilities.--The pilot program shall--
          (1) establish, maintain, and disseminate information 
        to, and otherwise serve as an information clearinghouse 
        for, economically and socially disadvantaged business 
        enterprises regarding business opportunities funded by 
        the agencies;
          (2) design and conduct projects to encourage, 
        promote, and assist economically and socially 
        disadvantaged business enterprises to secure direct 
        contracts, host country contracts, subcontracts, 
        grants, and research and development contracts in order 
        for such enterprises to participate in programs funded 
        by the Department of State and the United States 
        Information Agency;
          (3) conduct market research, planning, economic and 
        business analyses, and feasibility studies to identify 
        business opportunities funded by such agencies;
          (4) develop support mechanisms which will enable 
        socially and economically disadvantaged enterprises to 
        take advantage of business opportunities in programs 
        funded by such agencies; and
          (5) enter into such contracts (to such extent or in 
        such amounts as are provided in advance in 
        appropriation Acts), cooperative agreements, or other 
        transactions as may be necessary in the conduct of its 
        functions under this section.
    (e) Responsibilities of the Secretary.--The Secretary of 
State (after consultation with the Director of the United 
States Information Agency) shall provide the pilot program with 
such relevant information, including procurement schedules, 
bids, and specifications with respect to programs funded by the 
Department of State and the United States Information Agency, 
as may be requested by the pilot program in connection with the 
performance of its functions under this section.
    (f) Definitions.--
          (1) For the purposes of this section, the term 
        ``economically and socially disadvantaged enterprise'' 
        means a business--
                  (A) which is at least 51 percent owned by one 
                or more socially and economically disadvantaged 
                individuals or, in the case of a publicly-owned 
                business, at least 51 percent of the stock of 
                which is owned by one or more socially and 
                economically disadvantaged individuals; and
                  (B) whose management and daily business 
                operations are controlled by one or more such 
                individuals.
          (2) Socially disadvantaged individuals are those who 
        have been subjected to racial or ethnic prejudice or 
        cultural bias because of their identity as a member of 
        a group without regard to their individual qualities.
          (3) Economically disadvantaged individuals are those 
        socially disadvantaged individuals whose ability to 
        compete in the free enterprise system has been impaired 
        due to diminished capital and credit opportunities as 
        compared to others in the same business area who are 
        not socially disadvantaged. In determining the degree 
        of diminished credit and capital opportunities, the 
        Administrator of the agency shall consider, but not be 
        limited to, the assets and net worth of the socially 
        disadvantaged individual.
    (g) Reports to Congress.--For each of the fiscal years 1990 
and 1991, the Secretary of State shall prepare and submit a 
report concerning the implementation of the pilot program under 
this section to the Committee on Foreign Affairs \29\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.

SEC. 127. REPORT ON REORGANIZATION OF THE DEPARTMENT OF STATE.

    (a) Findings.--The Congress makes the following findings:
          (1) The Department of State is currently reviewing 
        its organizational structure.
          (2) Each of the geographical bureaus deals with a 
        large number of countries and often a broad diversity 
        of cultures, nationalities, and ethnic divisions.
          (3) The territory covered by the Bureau of Near 
        Eastern and South Asian Affairs, for example, stretches 
        from the Atlantic coast of Morocco to the Bay of 
        Bengal, includes twenty-five countries, more than a 
        billion people, a number of regional disputes, and 
        several cultural and linguistic divisions. The Bureau 
        of Inter-American Affairs has within its jurisdiction 
        thirty-three countries, including Mexico, the nations 
        of the Caribbean Basin, and Central and South America.
          (4) Among the most pressing international issues is 
        the prospect for global warming. Over the next few 
        years, American leadership at the international level 
        will be crucial to worldwide efforts to ensure that 
        global warming does not occur. The Department of State 
        will need to consider appropriate steps to prepare for 
        the leadership role of the United States.
          (5) The United States continues to face a foreign 
        intelligence threat, including the danger to United 
        States diplomatic missions. The Department of State 
        will need to improve its ability to detect and prevent 
        intelligence penetration of United States missions 
        abroad.
    (b) Report.--Not later than 120 days after the date of 
enactment of this Act \30\ the Secretary of State shall submit 
to the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \29\ of the House of 
Representatives a report assessing the advisability of 
reorganization of its regional and functional bureaus. The 
report shall include, but not be limited to, an assessment of 
the advisability of two bureaus to cover the present 
responsibilities of the Bureau of Inter-American Affairs, an 
Office of Diplomatic Security to be headed by an Under 
Secretary-level Director of Diplomatic Security, and an Office 
of Global Warming within the Bureau of Oceans, International 
Environmental and Scientific Affairs. The report shall also 
include an assessment of the advisability of transferring the 
jurisdictional responsibility for the Organization of American 
States from the Bureau of International Organizations to the 
Bureau of Inter-American Affairs, and of creating a high-level 
coordinator for United States policy toward Mexico. In the 
context of the report required by this subsection, it is the 
sense of the Congress that the Secretary of State should give 
serious consideration to the establishment of a Bureau of South 
Asian Affairs within the Department of State.
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    \30\ Sec. 320(b)(1) of Public Law 101-302 (104 Stat. 247) struck 
out ``February 3, 1990'' and inserted in lieu thereof ``120 days after 
the date of enactment of this Act''.
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          * * * * * * *

         PART C--DIPLOMATIC IMMUNITY, RECIPROCITY, AND SECURITY

SEC. 131. EXCLUSION OF ALIENS PREVIOUSLY INVOLVED IN SERIOUS CRIMINAL 
                    OFFENSES COMMITTED IN THE UNITED STATES.

          * * * * * * *
    (d) Report Concerning Compensation and Diplomatic 
Immunity.--(1) Not later than 180 days after the date of 
enactment of this Act, the Secretary of State shall prepare and 
submit to the appropriate committees of the Congress a report 
which considers the need and feasibility of establishing a 
program which makes compensation awards to United States 
citizens and permanent resident aliens in the United States for 
physical injury or financial loss which is the result of 
criminal activity reasonably believed to have been committed by 
individuals with immunity from criminal jurisdiction as a 
result of international obligations of the United States 
arising from multilateral agreements, bilateral agreements, or 
otherwise under international law.
    (2) Together with such other information as the Secretary 
of State considers appropriate, the report shall include--
          (A) a plan and feasibility analysis for the 
        establishment of such a program, including--
                  (i) specific recommendations for funding, 
                administration, and procedures and standards 
                for compensation and payment of awards; and
                  (ii) particular consideration of the 
                feasibility of an appeals mechanism;
          (B) an assessment of--
                  (i) the feasibility of establishing a fund;
                  (ii) the availability of existing accounts; 
                or
                  (iii) other sources of funding for the 
                program; and
          (C) consideration of other possible mechanisms for 
        compensation or reimbursement, including direct 
        compensation by the individual with immunity from 
        criminal jurisdiction or by the sending country of that 
        individual.
          * * * * * * *

SEC. 134.\31\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \31\ Sec. 502(c) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2326) repealed sec. 134, relating to U.S.-Soviet reciprocity in 
embassy matters.
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          * * * * * * *

SEC. 136.\32\ INCREASED PARTICIPATION OF UNITED STATES CONTRACTORS IN 
                    LOCAL GUARD CONTRACTS ABROAD UNDER THE DIPLOMATIC 
                    SECURITY PROGRAM.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \32\ 22 U.S.C. 4864.
---------------------------------------------------------------------------
          (1) State Department policy concerning the 
        advertising of security contracts at Foreign Service 
        buildings has been inconsistent over the years. In many 
        cases, diplomatic and consular posts abroad have been 
        given the responsibility to determine the manner in 
        which the private sector was notified concerning an 
        invitation for bids or a request for proposals with 
        respect to a local guard contract. Some United States 
        foreign missions have only chosen to advertise locally 
        the availability of a local security guard contract 
        abroad.
          (2) As a result, many United States security firms 
        that provide local guard services abroad have been 
        unaware that local guard contracts were available for 
        bidding abroad and such firms have been disadvantaged 
        as a result.
          (3) Undoubtedly, United States security firms would 
        be interested in bidding on more local guard contracts 
        abroad if such firms knew of the opportunity to bid on 
        such contracts.
    (b) Objective.--It is the objective of this section to 
improve the efficiency of the local guard programs abroad 
administered by the Bureau of Diplomatic Security of the 
Department of State and to ensure maximum competition for local 
guard contracts abroad concerning Foreign Service buildings.
    (c) Participation of United States Contractors in Local 
Guard Contracts Abroad.--With respect to local guard contracts 
for a Foreign Service building which exceed $250,000 and are 
entered into after the date of enactment of this Act, the 
Secretary of State shall--
          (1) establish procedures to ensure that all 
        solicitations for such contracts are adequately 
        advertised in the Commerce and Business Daily;
          (2) \33\ absent compelling reasons, award such 
        contracts through the competitive process;
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    \33\ Sec. 141(1)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), 
inserted new paras. (2) through (5).
---------------------------------------------------------------------------
          (3) \34\ in evaluating proposals for such contracts, 
        award contracts to the technically acceptable firm 
        offering the lowest evaluated price, except that 
        proposals of United States persons and qualified United 
        States joint venture persons (as defined in subsection 
        (d)) shall be evaluated by reducing the bid price by 10 
        percent;
---------------------------------------------------------------------------
    \34\ Originally added by sec. 141(1)(C) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 401); amended and restated by sec. 2210(1) of the Foreign 
Relations Authorization Act, Fiscal Years 1998 and 1999 (subdivision B 
of division G of Public Law 105-277; 112 Stat. 2681-811). Formerly read 
as follows:
    ``(3) in evaluating and scoring proposals for such contracts, award 
not less than 60 percent of the total points on the basis of technical 
factors and subfactors;''.
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          (4) \33\ in countries where contract denomination 
        and/or payment in local currencies constitutes a 
        barrier to competition by United States firms--
                  (A) allow solicitations to be bid in United 
                States dollars; and
                  (B) allow contracts awarded to United States 
                firms to be paid in United States dollars;
          (5) \33\ ensure that United States diplomatic and 
        consular posts assist United States firms in obtaining 
        local licenses and permits; and \35\
---------------------------------------------------------------------------
    \35\ Sec. 2210(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-811), inserted ``and'' at the end of para. (5). 
Sec. 2210(3) of that Act struck out ``; and'' at the end of para. (6); 
and sec. 2210(4) of that Act struck out para. (7), which had read as 
follows:
    ``(7) give preference to United States persons and qualified United 
States joint venture persons where such persons are price competitive 
to the non-United States persons bidding on the contract, are properly 
licensed by the host government, and are otherwise qualified to carry 
out all the terms of the contract.''.
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          (6) \36\ establish procedures to ensure that 
        appropriate measures are taken by diplomatic and 
        consular post management to assure that United States 
        persons and qualified United States joint venture 
        persons are not disadvantaged during the solicitation 
        and bid evaluation process.\35\, \37\
---------------------------------------------------------------------------
    \36\ Sec. 141(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), 
redesignated paras. (2) and (3) as (6) and (7), respectively. Para. (7) 
was subsequently struck out by sec. 2210(4) of Public Law 105-277 (112 
Stat. 2681-811).
    \37\ Sec. 141(1)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), struck 
out ``due to their distance from the post'' before the punctuation.
---------------------------------------------------------------------------
    (d) Definitions.--For the purposes of this section--
          (1) the term ``United States person'' means a person 
        which--
                  (A) is incorporated or legally organized 
                under the laws of the United States, including 
                the laws of any State, locality, or the 
                District of Columbia;
                  (B) has its principal place of business in 
                the United States;
                  (C) has been incorporated or legally 
                organized in the United States for more than 2 
                years before the issuance date of the 
                invitation for bids or request for proposals 
                with respect to the contract under subsection 
                (c);
                  (D) has performed within the United States or 
                \38\ overseas security services similar in 
                complexity to the contract being bid;
---------------------------------------------------------------------------
    \38\ Sec. 141(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), struck 
out ``and'' and inserted in lieu thereof ``or''.
---------------------------------------------------------------------------
                  (E) with respect to the contract under 
                subsection (c), has achieved a total business 
                volume equal to or greater than the value of 
                the project being bid in 3 years of the 5-year 
                period before the date specified in 
                subparagraph (C);
                  (F)(i) employs United States citizens in at 
                least 80 percent of its principal management 
                positions in the United States; and
                  (ii) employs United States citizens in more 
                than half of its permanent, full-time positions 
                in the United States; and
                  (G) has the existing technical and financial 
                resources in the United States to perform the 
                contract;
          (2) the term ``qualified United States joint venture 
        person'' means a joint venture in which a United States 
        person or persons owns at least 51 percent of the 
        assets of the joint venture; \39\
---------------------------------------------------------------------------
    \39\ Sec. 141(2)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), struck 
out ``and'' at the end of para. (2); sec. 141(2)(D) of that Act struck 
out the period at the end of para. (3) and inserted instead ``; and''.
---------------------------------------------------------------------------
          (3) the term ``Foreign Service building'' means any 
        building or grounds of the United States which is in a 
        foreign country and is under the jurisdiction and 
        control of the Secretary of State, including residences 
        of United States personnel assigned overseas under the 
        authority of the Ambassador; and \39\
          (4) \40\ the term ``barrier to local competition'' 
        means--
---------------------------------------------------------------------------
    \40\ Sec. 141(2)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 401), added a 
new para. (4).
---------------------------------------------------------------------------
                  (A) conditions of extreme currency 
                volatility;
                  (B) restrictions on repatriation of profits;
                  (C) multiple exchange rates which 
                significantly disadvantage United States firms;
                  (D) government restrictions inhibiting the 
                free convertibility of foreign exchange; or
                  (E) conditions of extreme local political 
                instability.
    (e) United States Minority Contractors.--Not less than 10 
percent of the amount of funds obligated for local guard 
contracts for Foreign Service buildings subject to subsection 
(c) shall be allocated to the extent practicable for contracts 
with United States minority small business contractors.
    (f) United States Small Business Contractors.--Not less 
than 10 percent of the amount of funds obligated for local 
guard contracts for Foreign Service buildings subject to 
subsection (c) shall be allocated to the extent practicable for 
contracts with United States small business contractors.
    (g) Limitation of Subcontracting.--With respect to local 
guard contracts subject to subsection (c), a prime contractor 
may not subcontract more than 50 percent of the total value of 
its contract for that project.

                           PART D--PERSONNEL

          * * * * * * *

SEC. 149. FOREIGN SERVICE INTERNSHIP PROGRAM.

    (a) Findings.--The Congress makes the following findings:
          (1) On September 3, 1986, George Shultz, as Secretary 
        of State, issued a statement containing 32 directives 
        concerning equal opportunity in the Foreign Service. In 
        his statement Secretary Shultz affirmed that it was of 
        ``fundamental importance that the Foreign Service truly 
        represent the cultural and ethnic diversity of our own 
        society'', and indicated that the lack of such balanced 
        representation was ``a foreign policy problem which 
        affects our image as a nation and as a leader of the 
        free world''. Secretary Shultz stated ``that 
        representation of women and minorities in the Foreign 
        Service is still unacceptably low'' and declared that 
        he was ``particularly concerned at the small number of 
        Blacks in the Senior Foreign Service''.
          (2) The Secretary approved 32 recommendations 
        included with the statement regarding recruitment, 
        assignments, performance evaluations, and equal 
        employment opportunity procedures within the Foreign 
        Service. The recommendations of Secretary of State 
        Shultz included--
                  (A) the targeting of historically Black 
                American colleges and universities for special 
                recruitment efforts, including specific 
                information on how to apply for the Foreign 
                Service examination, the testing process, and 
                the mechanics of entry;
                  (B) independent review of the written exam 
                for any cultural bias against African 
                Americans;
                  (C) the inclusion of more African Americans 
                on the board of examiners panels;
                  (D) investigation of methods to increase 
                African American enrollment in university 
                courses which might improve an applicant's 
                chances of passing the written exam;
                  (E) development of new recruitment 
                strategies;
                  (F) the assignment of more African American 
                officers to senior (and visible) role model 
                positions; and
                  (G) the recruitment of more African American 
                officers into the political and economic cones 
                of the Foreign Service.
          (3) During the past 7 years, equal opportunity 
        programs to attract women and minorities to the Foreign 
        Service have been most successful in recruiting women 
        and Asian Americans. Such programs have been less than 
        successful in the recruitment of African Americans, 
        Hispanic Americans, and Native Americans. In 1982, 188 
        new recruits were appointed to the Foreign Service, 48 
        were minority appointments constituting 26 percent. In 
        1985 the number of new appointments had increased 33 
        percent to 281, but minorities comprised only 10.3 
        percent of such appointments, a total of 29.
          (4) For African Americans and Hispanics the trend of 
        hiring in the Foreign Service is disconcerting. 
        Nineteen African Americans were appointed to the 
        Foreign Service in 1983, in 1987 only 10 African 
        Americans were appointed. Hispanic appointments ranged 
        from 12 in 1983 to 8 in 1985 to 15 in 1987. For Native 
        Americans the Foreign Service statistics are ominous, 5 
        appointments in 1983, 1 in 1984, and no appointments in 
        1985, 1986, or 1987.
          (5) The severe underrepresentation in the Foreign 
        Service of individuals from certain cultural and ethnic 
        groups is in large part due to the small pool of 
        applicants from such groups. In each year from 1982 
        through 1987, minority applicants represented 14 to 17 
        percent of the total applicants and only 50 percent of 
        such applicants took the written exam. In 1987, 1,769 
        minority applicants took the written exam, 191 passed, 
        and 36 were actually appointed to the Foreign Service.
          (6) The absolute and relative decline in the 
        appointment to the Foreign Service of certain 
        minorities who reflect the cultural and ethnic 
        diversity of the United States dictates that more 
        aggressive equal opportunity programs be established to 
        facilitate the recruitment and appointment of such 
        individuals.
    (b) \41\ Establishment.-- * * *
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    \41\ Subsec. (b) amended title I of the Foreign Service Act of 1980 
(Public Law 96-465; 22 U.S.C. 4141) by adding at the end a new chapter 
112, ``Foreign Service Internship Program,'' secs. 1201-1204. Sec. 1102 
of this Act waived sec. 149(b) for fiscal years 1990 and 1991, 
effective on date of enactment of this Act (February 16, 1990).
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    (d) Report to Congress.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State shall 
submit a report to the Congress concerning the implementation 
of the Foreign Service Internship Program.
          * * * * * * *

SEC. 151.\42\ DANGER PAY ALLOWANCE.

    The Secretary of State may not deny a request by the Drug 
Enforcement Administration to authorize a danger pay allowance 
(under section 5928 of title 5, United States Code) for any 
employee of such agency.
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    \42\ 5 U.S.C. 5928 note.
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SEC. 152.\43\ JUDICIAL REVIEW OF CERTAIN FOREIGN SERVICE GRIEVANCES.

    For the purposes of judicial review under section 1110 of 
the Foreign Service Act of 1980, any recommendation made by the 
Foreign Service Grievance Board with respect to the tenure of a 
grievant which was reviewed by the Secretary of State before 
the date of enactment of the Foreign Relations Authorization 
Act, Fiscal Years 1988 and 1989, shall be considered to be a 
final action of the Department of State, and any such 
recommendation shall be considered to have been made within the 
authority of the Foreign Service Grievance Board.
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 4140 note.
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SEC. 153. BROADENING THE CULTURAL, GEOGRAPHIC, AND ETHNIC 
                    REPRESENTATION OF THE FOREIGN SERVICE AND THE 
                    DEPARTMENT OF STATE.

    (a) \44\ Findings.--The Congress finds that a primary role 
of the Department of State is to represent the interests of the 
American people in foreign affairs and, as such, should strive 
to represent and include, among its policy and professional 
employees, the great diversity of the American people.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 2656 note.
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    (b) \44\ Recruitment.--(1) Not later than 120 days after 
the date of enactment of this Act, the Secretary of State shall 
provide the Congress with a plan to assure that equal efforts 
are undertaken in each of the regions of the United States to 
recruit policy and professional Government Service employees 
and Foreign Service officers for the Department of State and 
each of its affiliated agencies.
    (2) Not later than January 1, 1991,\45\ the Secretary of 
State shall implement the plan provided for in paragraph (1).
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    \45\ Sec. 320(b)(2) of Public Law 101-302 (104 Stat. 247) struck 
out ``January 1, 1990'' and inserted in lieu thereof ``January 1, 
1991''.
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    (c) Report by the Inspector General.--Not later than 120 
days after the date of enactment of this Act, the Office of 
Inspector General of the Department of State shall submit to 
the Congress a report documenting, with respect to geographic 
distribution, race, ethnicity, gender and handicapping 
conditions, the composition of the workforce of the policy and 
professional Government Service employees and Foreign Service 
officers of the Department and each of its affiliated agencies. 
The report shall include--
          (1) a breakdown of current policy and professional 
        Government Service employees and Foreign Service 
        officers of the Department and each of its affiliated 
        agencies by age, race, gender, undergraduate 
        institution, graduate institution, and place of birth;
          (2) a breakdown by age, race, gender, ethnic 
        background, undergraduate institution, graduate 
        institution, and place of birth of those persons who 
        during 1988 passed the written portion of the Foreign 
        Service examination but failed the interview portion; 
        and
          (3) a breakdown by age, race, gender, ethnic 
        background, undergraduate institution, graduate 
        institution, and place of birth of those persons who 
        during 1989 passed the Foreign Service examination.
    (d) Prohibition on Discrimination Based on Geographic or 
Educational Affiliation.--Section 105(b)(1) of the Foreign 
Service Act of 1980 (22 U.S.C. 3905(b)(1)) is amended by 
inserting ``geographic or educational affiliation within the 
United States,'' after ``marital status,''.
    (e) Task Force and Report on Hispanic Recruitment.--The 
Secretary of State shall appoint a task force comprised of 
high-ranking officials to conduct a study and make 
recommendations concerning improvements in the recruitment and 
promotion of Hispanic Americans at the Department of State and 
within the Foreign Service. Not later than one year after the 
date of the enactment of this Act, the task force shall submit 
a report of the findings of such study to the Secretary of 
State and the appropriate committees of the Congress.
    (f) Report to Congress on Status of Underrepresented Groups 
at the Department of State.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State shall 
prepare and submit to the Congress a report concerning efforts 
of the Department of State to improve the percentage of 
individuals who are at the assistant secretary and head of 
bureau level at the Department of State from groups which are 
underrepresented in the Foreign Service in terms of the 
cultural and ethnic diversity of the Foreign Service.
    (g) \46\ Study of Foreign Service Examination.--The 
Secretary of State shall enter into a contract with a private 
organization for a comprehensive review and evaluation of the 
Foreign Service examination. Such review and evaluation shall--
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 3941 note.
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          (1) identify any cultural, racial, ethnic, and sexual 
        bias;
          (2) evaluate the ability of the examination to 
        measure an individual's aptitude for and potential in 
        the Foreign Service;
          (3) consider the relevance of the Foreign Service 
        examination to the work of a Foreign Service officer;
          (4) make recommendations for the removal of any 
        element of bias in the examination; and
          (5) make recommendations for improvements to achieve 
        an examination free of any bias.
Not more than 18 months after the date of the enactment of this 
Act, the Secretary of State shall prepare and submit a report 
to the Congress which contains the findings of such review and 
evaluation, together with the comments of the Secretary and 
measures which the Secretary has initiated to respond to any 
adverse findings of such review. Such report shall take into 
consideration the current efforts by the Department of State to 
review its Foreign Service examination.
    (h) \47\ Foreign Service Fellowships.--The Secretary of 
State is authorized to establish a Foreign Service fellowship 
program at the Department of State. The Foreign Service 
fellowship program shall provide a fellowship, for not less 
than 4 months, for academics in the area of international 
affairs who are members of the faculty of institutions of 
higher education. Such program shall give priority 
consideration in the award of fellowships to individuals 
teaching in programs in international affairs which serve 
significant numbers of students who are from cultural and 
ethnic groups which are underrepresented in the Foreign 
Service.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 2665a.
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SEC. 154. REPORT TO CONGRESS CONCERNING POLYGRAPH PROGRAM.

    (a) Report to Congress.--Not later than January 31, of each 
of the years 1990 and 1991, the Secretary of State shall 
prepare and submit an annual report on the polygraph program of 
the Department of State to the Committee on Foreign Affairs 
\48\ of the House of Representatives and the Committee on 
Foreign Relations of the Senate.
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    \48\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (b) Contents of Report.--The report shall provide an 
assessment of the implementation of the polygraph program 
during the preceding fiscal year. Together with such other 
information and comments as the Secretary considers 
appropriate, the report shall include the following:
          (1) Data on the number of lie-detector tests 
        administered.
          (2) A description of the purposes and results of such 
        tests.
          (3) A description of the criteria used in the 
        selection of programs and individuals for 
        administration of lie-detector tests.
          (4) The number of individuals who refused to submit 
        to the administration of such tests.
          (5) The number of lie detector tests administered in 
        which a specific incident was not under investigation.
          (6) A description of the actions taken when an 
        individual fails or refuses the administration of such 
        tests, including the denial of clearance or any other 
        adverse action.
          (7) A detailed accounting of cases in which more than 
        two administrations of such tests were necessary to 
        resolve discrepancies.
          (8) Any proposed changes in regulations for the 
        Department of State polygraph program.
    (c) Definition.--For purposes of this section, the term 
``lie detector'' shall have the meaning given such term under 
section 2 of the Employee Polygraph Protection Act of 1988.

SEC. 155.\49\ STUDY OF SEXUAL HARASSMENT AT THE DEPARTMENT OF STATE.

    (a) Findings.--The June 1988 report of the United States 
Merit Systems Protection Board entitled ``Sexual Harassment in 
the Federal Government: An Update'' determined that the 
Department of State (including the United States Information 
Agency) had the highest rate of incidence of sexual harassment 
of women of any agency of the Federal Government.
---------------------------------------------------------------------------
    \49\ Sec. 194 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 683), provided the 
following:
    ``sec. 194. study of sexual harassment at the department of state.
    ``(a) Sense of Congress.--It is the sense of Congress that the 
Department of State has been negligent in carrying out section 155 of 
the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, 
`Study of Sexual Harassment at the Department of State'.
    ``(b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the Department of State 
shall report to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate on 
the reasons for the Department's negligence in adhering to deadlines 
required by law in implementing section 155 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991, and what steps, if any, 
the Department has taken to prevent such a failure from recurring.''.
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    (b) Study.--Subject to the availability of appropriations, 
not later than 90 days after the date of the enactment of this 
Act, the Secretary of State (in consultation with the Director 
of the United States Information Agency) shall enter into a 
contract with a private organization with established expertise 
and demonstrated capabilities in personnel systems and problems 
for the purpose of conducting a study and preparing a report 
concerning sexual harassment at the Department of State and the 
United States Information Agency.
    (c) Report.--Together with such other information as is 
determined to be appropriate and informative, such report shall 
include--
          (1) a determination of the reasons for the high rate 
        of incidence of sexual harassment at such Federal 
        agencies;
          (2) an evaluation of the actions which have been 
        proposed and implemented by such Federal agencies to 
        respond to the findings of the Merit Systems Protection 
        Board report;
          (3) a proposal for further specific actions by each 
        agency; and
          (4) recommendations for such changes in 
        administrative procedures, regulations, and legislation 
        as may be considered necessary to address the problem 
        of sexual harassment at the Department of State and the 
        United States Information Agency.
    (d) Submission of Report to the Congress.--Not later than 
one year after the date of the enactment of this Act, the 
Secretary of State shall submit the full and complete report of 
such study, together with such comments as the Secretary of 
State or the Director of the United States Information Agency 
consider appropriate, to the Committee on Foreign Affairs \48\ 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate.

SEC. 156. LIMITATION ON HOUSING BENEFITS.

    (a) \50\ In General.--The Secretary of State shall 
establish and implement an appropriate housing policy and space 
standards in consultation with all agencies with employees 
outside the United States who are under the authority of the 
chief of mission or with other agencies or employees who 
participate in the overseas housing program. Such policy may 
not provide housing or related benefits based solely on the 
representational status of the employee, except if such 
individual is the ambassador, deputy chief of mission, 
permanent charge, or the consul general when serving as the 
principal officer.
---------------------------------------------------------------------------
    \50\ 5 U.S.C. 5921 note.
---------------------------------------------------------------------------
    (b) Waiver.--The Secretary of State may grant exceptions to 
the restriction on providing housing or related benefits on a 
representational basis under subsection (a) on a case-by-case 
basis where a documented need for such exception is 
established. The Secretary of State shall prepare a 
comprehensive list annually of all such exceptions granted 
under this subsection.

     PART E--FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE

SEC. 161.\51\ EXPANSION OF MODEL FOREIGN LANGUAGE COMPETENCE POSTS.

    (a) Designation of Posts.--In order to carry out the 
purposes of section 702 of the Foreign Service Act of 1980, and 
in light of the positive report issued on March 28, 1986, by 
the Department of State, as required by section 2207 of the 
Foreign Service Act of 1980, the Secretary of State shall 
designate as model foreign language competence posts a minimum 
of six Foreign Service posts, representing the Department of 
State's five geographic bureaus, in countries where English is 
not the common language. Such designation shall be made not 
later than 120 days after the date of enactment of this 
Act,\52\ and shall be implemented so that not later than 
October 1, 1991, in the case of non-hard language posts, and 
October 1, 1992, in the case of hard language posts, each 
Government employee permanently assigned to those posts shall 
possess an appropriate level of competence in the language 
common to the country where the post is located. The Secretary 
of State shall determine appropriate levels of language 
competence for employees assigned to those posts by reference 
to the nature of their functions and the standards employed by 
the Foreign Service Institute.
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 4171 note.
    \52\ Sec. 320(b)(3) of Public Law 101-302 (104 Stat. 247) struck 
out ``February 1, 1990'' and inserted in lieu thereof ``120 days after 
the date of enactment of this Act''.
---------------------------------------------------------------------------
    (b) ``Hard Language Country'' Post To Be Designated.--At 
least one of the posts designated under subsection (a) shall be 
in a ``hard language'' country, as identified in the report to 
the Under Secretary of State for Management of May 12, 1986, 
entitled ``Hard Language Proficiency in the Foreign Service''. 
Such post shall be in one of the countries where the official 
or principal language is Arabic, Chinese, Japanese, or Russian.
    (c) Termination Date.--The posts designated under 
subsection (a) shall continue as model foreign language posts 
at least until September 30, 1993, in the case of non-hard 
language posts, and September 30, 1994, in the case of hard 
language posts.\53\
---------------------------------------------------------------------------
    \53\ Sec. 2219(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-817), struck out ``Not later than January 31, 
1995, the Secretary of State shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives a report describing the operation of such 
posts and the costs, advantages, and disadvantages associated with 
meeting the foreign language competence requirements of this 
section.''.
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    (d) Exemption Authority.--The Secretary of State may 
authorize exceptions to the requirements of this section if--
          (1) he determines that unanticipated exigencies so 
        require; and
          (2) he immediately reports such exceptions to the 
        Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs \48\ of the House of 
        Representatives.
    (e) Excluded Posts.--The posts designated under subsection 
(a) may not include Dakar, Senegal, or Montevideo, Uruguay. The 
report required under subsection (c) shall include progress 
made in these posts in maintaining the high foreign language 
standards achieved under the initial pilot program.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section.

SEC. 162. REPORT ON FOREIGN LANGUAGE ENTRANCE REQUIREMENT FOR THE 
                    FOREIGN SERVICE.

    Not later than 120 days after the date of enactment of this 
Act,\54\ the Secretary of State shall submit to the Committee 
on Foreign Relations of the Senate and the Committee on Foreign 
Affairs and the Committee on Post Office and Civil Service of 
the House of Representatives \55\ a report evaluating an 
entrance requirement for the Foreign Service of at least one 
world language at the General Professional Speaking Proficiency 
level, as defined by the Foreign Service Institute, or one 
nonworld language at the next lowest proficiency level. Such 
report shall also describe--
---------------------------------------------------------------------------
    \54\ Sec. 320(n)(4) of Public Law 101-302 (104 Stat. 247) struck 
out ``December 31, 1989'' and inserted in lieu thereof ``120 days after 
the date of enactment of this Act''.
    \55\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(b)(2) 
of that Act provided that most references to the House Committee on 
Post Office and Civil Service, which was abolished in the 104th 
Congress, shall be treated as referring to the Committee on Government 
Reform and Oversight.
---------------------------------------------------------------------------
          (1) the amount of time necessary to implement such a 
        requirement;
          (2) the use of bonus points on the Foreign Service 
        candidate scoring system for candidates with foreign 
        language ability; and
          (3) the adjustments necessary to raise otherwise 
        qualified candidates, especially including affirmative 
        action applicants, to the levels required for entrance 
        as evaluated in the report required by this section.

SEC. 163.\56\ FOREIGN SERVICE PROMOTION PANELS.

    It is the sense of the Congress that, to the greatest 
extent possible, Foreign Service promotion panels should--
---------------------------------------------------------------------------
    \56\ 22 U.S.C. 4001 note.
---------------------------------------------------------------------------
          (1) only promote candidates to the Senior Foreign 
        Service who have demonstrated foreign language 
        proficiency in at least one language at the General 
        Professional Speaking Proficiency level, as defined by 
        the Foreign Service Institute;
          (2) strive for the objective stipulated in the 
        Foreign Service Manual ``to be able to use two foreign 
        languages at a minimum professional level of 
        proficiency of S-3/R-3, which is the general 
        professional speaking proficiency level''; and
          (3) have at least one person on each Foreign Service 
        promotion panel who has attained at least the General 
        Professional Speaking Proficiency level in one language 
        level.

SEC. 164.\57\ * * * [Repealed--1994]
---------------------------------------------------------------------------

    \57\ Formerly at 22 U.S.C. 4001 note. Repealed by sec. 191(b) of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 418). Sec. 164 had required a revision 
of the Employee Evaluation Report and the Officer Evaluation Report for 
Foreign Service officers to reflect foreign language proficiency.
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   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

             PART A--UNITED STATES INFORMATION AGENCY \58\

          * * * * * * *
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    \58\ For text of freestanding provisions in this part relating to 
the United State Information Agency, see page 1291.
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        PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS \59\

          * * * * * * *
---------------------------------------------------------------------------
    \59\ For text of freestanding provisions in this part relating to 
the Bureau of Educational and Cultural Affairs, see page 1294.
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                     PART C--VOICE OF AMERICA \60\

          * * * * * * *
---------------------------------------------------------------------------
    \60\ For text of freestanding provisions in this part relating to 
the Voice of America, see page 1296.
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              PART D--TELEVISION BROADCASTING TO CUBA \61\

          * * * * * * *
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    \61\ For text of freestanding provisions in this part, the 
Television Broadcasting to Cuba Act, see page 1521.
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          TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \62\

          * * * * * * *
---------------------------------------------------------------------------
    \62\ For text of freestanding provisions in this title relating to 
the Board for International Broadcasting, see page 1507.
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         TITLE IV--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

SEC. 401. UNITED STATES MEMBERSHIP IN INTERNATIONAL SUGAR ORGANIZATION 
                    AND INTERNATIONAL TROPICAL TIMBER ORGANIZATION.

    (a) United States Membership.--The President is authorized 
to maintain membership of the United States in the 
International Sugar Organization and the International Tropical 
Timber Organization.
    (b) Payment of Assessed Contributions.--For the fiscal year 
1991 and for each fiscal year thereafter, the United States 
assessed contributions to such organizations may be paid from 
funds appropriated for ``Contributions to International 
Organizations''.

SEC. 402. AUTHORIZATION FOR MEMBERSHIP IN THE INTERNATIONAL UNION FOR 
                    THE CONSERVATION OF NATURE AND NATURAL RESOURCES.

    The President is authorized to maintain membership of the 
United States in the International Union for the Conservation 
of Nature and Natural Resources (IUCN).

SEC. 403. AUTHORIZATION OF APPROPRIATIONS FOR MEMBERSHIP IN WILDLIFE 
                    CONVENTIONS.

    There are authorized to be appropriated to the President 
$1,511,000 for the fiscal year 1990 and $1,571,440 for the 
fiscal year 1991 in support of United States participation in 
the following international environmental organizations and 
conventions of which not more than--
          (1) \63\ $650,000 for the fiscal year 1990 shall be 
        available for dues and arrearages for United States 
        contributions to the Convention on International Trade 
        in Endangered Species of Wild Fauna and Flora (CITES);
---------------------------------------------------------------------------
    \63\ The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1199), provided 
$750,000 for the ``Convention on International Trade in Endangered 
Species''.
     The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1982), provided 
$750,000.
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          (2) \64\ $231,000 for the fiscal year 1990 shall be 
        available for dues and arrearages for United States 
        contributions to the International Tropical Timber 
        Organization (ITTO);
---------------------------------------------------------------------------
    \64\ The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1982), provided 
$1,000,000 for the ``International Tropical Timber Organization. See 
also sec. 533 of that Act in Legislation on Foreign Relations Through 
2001, vol. I-A.
---------------------------------------------------------------------------
          (3) \65\ $450,000 for the fiscal year 1990 shall be 
        available to support United States participation in the 
        World Heritage Convention; and
---------------------------------------------------------------------------
    \65\ The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1199), provided 
$220,000 for ``United States participation in the World Heritage 
Convention''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1982), provided 
$450,000.
---------------------------------------------------------------------------
          (4) \66\ $180,000 for the fiscal year 1990 shall be 
        available to support United States participation in the 
        International Union for the Conservation of Nature and 
        Natural Resources.
---------------------------------------------------------------------------
    \66\ The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1982), provided 
$680,000 for the ``International Union for the Conservation of Nature 
and Natural Resources''.
---------------------------------------------------------------------------

SEC. 404.\67\ AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION ON THE 
                    UKRAINE FAMINE.

    There are authorized to be appropriated for the Commission 
on the Ukraine Famine $100,000 for the fiscal year 1990, which 
amount is authorized to remain available until expended.
---------------------------------------------------------------------------
    \67\ Title V of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1990 (Public 
Law 101-162; 103 Stat. 1019), provided $100,000 for the ``Commission on 
the Ukraine Famine''.
---------------------------------------------------------------------------

SEC. 405.\68\ * * * [Repealed--1991]
---------------------------------------------------------------------------

    \68\ Formerly at 22 U.S.C. 287e note. Sec. 405, relating to reform 
in budget decision-making procedures of the United Nations and its 
specialized agencies, was repealed by sec. 162(e) of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 
102-138; 105 Stat. 675).
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SEC. 406.\69\ ANNUAL REPORT TO CONGRESS ON VOTING PRACTICES AT THE 
                    UNITED NATIONS.

    (a) In General.--Not later than March 31 of each year, the 
Secretary of State shall transmit to the Speaker of the House 
of Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a full and complete annual report which 
assesses for the preceding calendar year, with respect to each 
foreign country member of the United Nations, the voting 
practices of the governments of such countries at the United 
Nations, and which evaluates General Assembly and Security 
Council actions and the responsiveness of those governments to 
United States policy on issues of special importance to the 
United States.
---------------------------------------------------------------------------
    \69\ 22 U.S.C. 2414a. See also sec. 560 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 
3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 
113 Stat. 1535); and sec. 559 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as 
introduced on October 24, 2000, enacted by reference in sec. 101(a) of 
Public Law 106-429; 114 Stat. 1900).
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    (b) Information on Voting Practices in the United 
Nations.--Such report shall include, with respect to voting 
practices and plenary actions in the United Nations during the 
preceding calendar year, information to be compiled and 
supplied by the Permanent Representative of the United States 
to the United Nations, consisting of--
          (1) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of the extent 
        to which member countries supported United States 
        policy objectives at the United Nations;
          (2) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of actions 
        taken by the United Nations by consensus;
          (3) with respect to plenary votes of the United 
        Nations General Assembly--
                  (A) a listing of all such votes on issues 
                which directly affected important United States 
                interests and on which the United States 
                lobbied extensively and a brief description of 
                the issues involved in each such vote;
                  (B) a listing of the votes described in 
                subparagraph (A) which provides a comparison of 
                the vote cast by each member country with the 
                vote cast by the United States;
                  (C) a country-by-country listing of votes 
                described in subparagraph (A); and
                  (D) a listing of votes described in 
                subparagraph (A) displayed in terms of United 
                Nations regional caucus groups;
          (4) a listing of all plenary votes cast by member 
        countries of the United Nations in the General Assembly 
        which provides a comparison of the votes cast by each 
        member country with the vote cast by the United States;
          (5) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of the extent 
        to which other members supported United States policy 
        objectives in the Security Council and a separate 
        listing of all Security Council votes of each member 
        country in comparison with the United States; and
          (6) a side-by-side comparison of agreement on 
        important and overall votes for each member country and 
        the United States.
    (c) Format.--Information required pursuant to subsection 
(b)(3) shall also be submitted, together with an explanation of 
the statistical methodology, in a format identical to that 
contained in chapter II of the Report to Congress on Voting 
Practices in the United Nations, dated March 14, 1988.
    (d) Statement by the Secretary of State.--Each report under 
subsection (a) shall contain a statement by the Secretary of 
State discussing the measures which have been taken to inform 
United States diplomatic missions of United Nations General 
Assembly and Security Council activities.
    (e) \70\ Technical and Conforming Amendments.--The 
following provisions of law are repealed:
---------------------------------------------------------------------------
    \70\ The provisions of law repealed by this subsection all 
pertained to United Nations voting record and reports required on same. 
The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1224), repealed 
the same provisions.
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          (1) The second undesignated paragraph of section 
        101(b)(1) of the Foreign Assistance and Related 
        Programs Appropriations Act, 1984 (Public Law 98-151; 
        97 Stat. 967).
          (2) Section 529 of the Foreign Assistance and Related 
        Programs Appropriations Act, 1986, as enacted by Public 
        Law 99-190 (99 Stat. 1307).
          (3) Section 528 of the Foreign Assistance and Related 
        Programs Appropriations Act, 1987, as enacted by Public 
        Law 99-500 (100 Stat. 1783) and Public Law 99-591 (100 
        Stat. 3341).
          (4) Section 528 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1988, as enacted by Public Law 100-202 (101 Stat. 
        1329).
          (5) Section 527 of the Foreign Operations, Export 
        Financing, and Related Programs Appropriations Act, 
        1989, as enacted by Public Law 100-461.

SEC. 407.\71\ DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO THE UNITED 
                    NATIONS.

    (a) In General.--The President shall use his authority, 
including the authorities contained in section 6 of the United 
Nations Headquarters Agreement Act (Public Law 80-357), to deny 
any individual's admission to the United States as a 
representative to the United Nations if the President 
determines that such individual has been found to have been 
engaged in espionage activities directed against the United 
States or its allies and may pose a threat to United States 
national security interests.
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    \71\ 8 U.S.C. 1102 note.
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    (b) Waiver.--The President may waive the provisions of 
subsection (a) if the President determines, and so notifies the 
Congress, that such a waiver is in the national security 
interests of the United States.

SEC. 408. POLICY ON UNESCO.

    (a) Congressional Findings.--The Congress finds that--
          (1) the United States withdrew from the United 
        Nations Educational, Scientific, and Cultural 
        Organization (UNESCO) on December 31, 1984, in response 
        to grave and persistent problems in UNESCO under the 
        then-Director General;
          (2) chief among these problems was the assault on the 
        free flow of information supported by that Director 
        General and the pervasive ideological conflict fomented 
        by the alliance between totalitarian and developing 
        nations;
          (3) UNESCO has since acquired a new Director General, 
        Federico Mayor, who has pledged his support for the 
        free flow of information, the return of UNESCO to the 
        principles enunciated in its Charter, and other needed 
        changes in UNESCO policy;
          (4) Soviet Foreign Minister Eduard Shevardnadze 
        stated on October 11, 1988, that the Soviet Union was 
        responsible for ``the exaggerated ideological approach 
        [that] undermined tolerance intrinsic to UNESCO,'' and 
        stated that Soviet policy would improve in this regard;
          (5) substantial progress remains to be made in 
        implementing the reforms proposed by the new Director 
        General and in determining the degree to which 
        ideological conflict has actually declined; and
          (6) when the United States withdrew from UNESCO, the 
        policy of the United States was that at such time as 
        satisfactory changes were achieved in UNESCO, the 
        United States would act on reentry.
    (b) Policy.--It is the sense of the Congress that the 
Secretary of State should monitor closely the changes achieved 
in UNESCO and should work with United States allies and the 
UNESCO leadership to continue to promote the progress necessary 
to justify United States consideration of reentry into UNESCO.
    (c) Report Required.--Not later than 60 days after the date 
of the enactment of this Act, the Secretary of State shall 
prepare and submit to the Congress a report on the activities 
after December 31, 1984, of the United Nations Educational, 
Scientific, and Cultural Organization.
          * * * * * * *

SEC. 410. CONTRIBUTION TO THE REGULAR BUDGET OF THE INTERNATIONAL 
                    COMMITTEE OF THE RED CROSS.

    Notwithstanding section 742 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-
204),\72\ for each of the fiscal years 1990 and 1991, the 
Secretary of State shall not be required to make an annual 
contribution to the regular budget of the International 
Committee of the Red Cross of an amount which is greater than 
10 percent of the 1989 regular budget of the International 
Committee of the Red Cross.
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    \72\ Sec. 742 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989, provided that ``the Secretary of State shall make 
an annual contribution to the regular budget of the International 
Committee of the Red Cross of an amount which is not less than 10 
percent of its regular budget.''
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SEC. 411. SENSE OF CONGRESS CONCERNING AN ENHANCED ROLE FOR THE 
                    INTERNATIONAL COURT OF JUSTICE IN RESOLUTION OF 
                    INTERNATIONAL DISPUTES.

    (a) Findings.--The Congress makes the following findings:
          (1) In 1945, the United States supported the 
        establishment of the International Court of Justice 
        (ICJ) to provide for the orderly resolution of disputes 
        among nations under the rule of law.
          (2) The United States, pursuant to Article 93 of the 
        Charter of the United Nations, is also a party to the 
        Statute of the International Court of Justice which 
        provides in Article 36(1) that the International Court 
        of Justice will have jurisdiction over ``all cases 
        which the parties refer to it and all matters specially 
        provided for in the Charter of the United Nations or in 
        treaties and conventions in force''.
          (3) In August 1946, the United States, pursuant to 
        Senate advice and consent (61 Stat. 1218), voluntarily 
        accepted the compulsory jurisdiction of the 
        International Court of Justice in other international 
        disputes under Article 36(2) of the Statute of the 
        International Court of Justice, on certain conditions, 
        and maintained such recognition for four decades from 
        1946 to 1986 when United States acceptance was 
        terminated.
          (4) The United States has utilized the International 
        Court of Justice on numerous occasions to resolve 
        disputes with other nations.
          (5) In April 1984, the United States notified the 
        Secretary General of the United Nations that the United 
        States was suspending for two years its acceptance of 
        the compulsory jurisdiction of the International Court 
        of Justice in cases relating to Central America.
          (6) In 1985, the United States announced it was 
        terminating, in whole, United States acceptance 
        (effective April 1, 1986) of the compulsory 
        jurisdiction of the International Court of Justice.
          (7) The Soviet Union, as a member of the United 
        Nations, is also a party to the Statute of the 
        International Court of Justice and is thus bound by 
        Article 36(1).
          (8) The Soviet Union, unlike the United States, has 
        not since the inception of the International Court of 
        Justice voluntarily accepted the compulsory 
        jurisdiction of the ICJ under Article 36(2) or taken 
        any other case voluntarily to the court.
          (9) Soviet leader Mikhail Gorbachev, in his address 
        to the United Nations in December of 1988 said: ``We 
        believe that the jurisdiction of the International 
        Court of Justice at the Hague as regards the 
        interpretation and implementation of agreements on 
        human rights should be binding on all states.''.
          (10) The Legal Adviser of the State Department is 
        holding discussions with Soviet officials and 
        representatives of other permanent members of the 
        United Nations Security Council and other states to 
        determine whether and how the International Court of 
        Justice might be used for the peaceful settlement of 
        international disputes through procedures that assure 
        fairness and the protection of legitimate national 
        interests.
    (b) Sense of Congress.--The Congress commends and strongly 
supports efforts by the United States to broaden, where 
appropriate, the compulsory jurisdiction and enhance the 
effectiveness of the International Court of Justice.
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    \73\ Sec. 412 amended various Public Laws relating to the 
International Boundary and Water Commission, United States and Mexico.
---------------------------------------------------------------------------

SEC. 412.\73\ INTERNATIONAL BOUNDARY AND WATER COMMISSION. * * *

SEC. 413. REVIEW OF MULTILATERAL AND BILATERAL COMMISSIONS.

    Not later than 180 days after the date of the enactment of 
this Act, the Secretary of State shall prepare and submit a 
report to the Committee on Foreign Affairs \74\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate which provides a review of United States participation 
in all multilateral and bilateral commissions for which 
appropriations are authorized to be made under the 
``International Commissions'' account of the Department of 
State. Together with such comments and recommendations as the 
Secretary considers appropriate, such report shall include--
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    \74\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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          (1) a justification for United States participation 
        in each multilateral or bilateral commission;
          (2) an assessment of the effectiveness of each 
        multilateral or bilateral commission in which the 
        United States participates; and
          (3) information concerning the cost of United States 
        participation in each such commission.

SEC. 414.\75\ MEMBERSHIP OF THE PALESTINE LIBERATION ORGANIZATION IN 
                    UNITED NATIONS AGENCIES.

    (a) Prohibition.--No funds authorized to be appropriated by 
this Act or any other Act shall be available for the United 
Nations or any specialized agency thereof which accords the 
Palestine Liberation Organization the same standing as member 
states.
---------------------------------------------------------------------------
    \75\ 22 U.S.C. 287e note.
---------------------------------------------------------------------------
    (b) Transfer or Reprogramming.--Funds subject to the 
prohibition contained in subsection (a) which would be 
available for the United Nations or any specialized agency 
thereof (but for that prohibition) are authorized to remain 
available until expended and may be reprogrammed or transferred 
to any other account of the Department of State or the Agency 
for International Development to carry out the general purposes 
for which such funds were authorized.

SEC. 415. SENSE OF CONGRESS CONCERNING THE UNITED NATIONS RELIEF AND 
                    WORKS AGENCY FOR PALESTINIAN REFUGEES IN THE NEAR 
                    EAST (UNRWA).

    (a) Sense of Congress.--It is the sense of the Congress 
that--
          (1) international burdensharing of the costs of the 
        United Nations Relief and Works Agency for Palestinian 
        Refugees in the Near East (UNRWA) is crucial to the 
        survival of such organization;
          (2) the Secretary of State should redouble the 
        efforts of the Department of State to promote 
        international burdensharing of the costs of UNRWA's 
        operations; and
          (3) regular and substantial contributions by the Arab 
        states to the budget of the United Nations Relief and 
        Works Agency for Palestinian Refugees in the Near East 
        would reflect the commitment of Arab states to a 
        peaceful political settlement in the Middle East.
    (b) Report to Congress.--The Secretary of State shall 
prepare and submit a report on progress being made to promote 
international burdensharing of the costs of the United Nations 
Relief and Works Agency for Palestinian Refugees in the Near 
East (UNRWA) to the Committee on Foreign Affairs \74\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.

SEC. 416. UNITED NATIONS SPONSORSHIP OF A MIDDLE EAST PEACE CONFERENCE.

    (a) Findings.--The Congress finds that--
          (1) the General Assembly of the United Nations 
        adopted Resolution No. 3379 on November 10, 1975, 
        maintaining that Zionism constituted a form of racism;
          (2) most of the proposals for an international peace 
        conference regarding the Middle East have identified 
        the United Nations as the sponsoring organization for 
        such a conference;
          (3) all international diplomatic participants in any 
        potential Middle East peace conference must acknowledge 
        the sovereignty of the State of Israel and the right of 
        its citizens to live within secure and permanent 
        boundaries;
          (4) United Nations General Assembly Resolution No. 
        3379 of November 10, 1975, damages the credibility of 
        the General Assembly as a forum for furthering the 
        search for peace in the Middle East; and
          (5) the United States does not favor an international 
        conference on the Middle East at this time, and 
        believes that the Israeli proposal for elections that 
        was advanced in May 1989 is the best available vehicle 
        for furthering the Middle East peace process.
    (b) Policy.--The Congress declares, therefore, that--
          (1) the United States should use all appropriate 
        means to obtain rescission by the United Nations 
        General Assembly of Resolution No. 3379 and calls upon 
        the General Assembly to do so; and
          (2) so long as that resolution remains in effect, the 
        General Assembly and all affiliated agencies of the 
        United Nations constitute an inappropriate forum for 
        the sponsorship of any international conference on the 
        Arab-Israeli conflict.

SEC. 417.\76\ CONTRIBUTIONS FOR PEACEKEEPING ACTIVITIES IN SOUTHERN 
                    AFRICA.

    (a) Assurances That All Cuban Troops Will Be Withdrawn.--
The United States may not, after the date of enactment of this 
Act, expend any funds authorized to be appropriated by this Act 
for a contribution or any other assistance with respect to 
implementation of the Tripartite Agreement until the President 
certifies to the Congress that--
---------------------------------------------------------------------------
    \76\ See also title II, sec. 4 of the Dire Emergency Supplemental 
Appropriations and Transfers, Urgent Supplementals, and Correcting 
Enrollment Errors Act of 1989 (Public Law 101-45; 103 Stat. 120).
---------------------------------------------------------------------------
          (1) the United States has received explicit and 
        reliable assurances from each of the parties to the 
        Bilateral Agreement that all Cuban troops will be 
        withdrawn from Angola by July 1, 1991, and that no 
        Cuban troops will remain in Angola after that date; and
          (2) the Secretary General of the United Nations has 
        assured the United States that it is his understanding 
        that all Cuban troops will be withdrawn from Angola by 
        July 1, 1991, and that no Cuban troops will remain in 
        Angola after that date.
    (b) Contributions Conditional on Compliance.--The United 
States may not expend any funds authorized to be appropriated 
by this Act for a contribution or any other assistance with 
respect to implementation of the Tripartite Agreement--
          (1) if the Government of Cuba fails at any time to 
        comply with any of its obligations under Article 1 of 
        the Bilateral Agreement (relating to the calendar for 
        redeployment and withdrawal of Cuban troops); or
          (2) if any Cuban troops remain in Angola after July 
        1, 1991.
    (c) Reports to Congress, Compliance With Obligations.--Not 
more than 15 days after each scheduled phase of the 
redeployment northward and withdrawal of Cuban troops pursuant 
to the Bilateral Agreement, the President shall submit to the 
appropriate congressional committees a report on whether each 
of the signatories of the Tripartite Agreement is complying 
with its obligations under the agreement. Whenever he has 
determined that a material breach of the Tripartite Agreement 
may have been committed by any of the signatories to that 
agreement, the President shall so report to the appropriate 
congressional committees.\77\
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    \77\ In Presidential Determination No. 91-13 of January 7, 1991 (56 
F.R. 3001), the President certified that the United States had received 
assurances from the U.N. Secretary General and all parties to the 
bilateral agreement between the Governments of Angola and Cuba that all 
Cuban troops would be withdrawn from Angola by July 1, 1991, and that 
no Cuban troops would remain in Angola after that date. The President 
also determined that all signatories to the tripartite agreement among 
Angola, Cuba, and South Africa were in compliance with their 
obligations under that agreement, Cuba was complying with a agreed-to 
calendar for redeploying and withdrawing its troops, and that Cuba had 
not engaged in offensive military actions, nor had it used chemical 
warfare. The President further determined that the United Nations and 
its affiliates had terminated funding and other support to SWAPO, and 
that the U.N. Angola Verification Mission was demonstrating diligence, 
impartiality and professionalism in verifying the departure of Cuban 
troops.
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    (d) Disbursements.--Of the amount authorized to be 
appropriated to be made available for contribution with respect 
to implementation of the Agreement Among the People's Republic 
of Angola, the Republic of Cuba, and the Republic of South 
Africa signed at the United Nations on December 22, 1988 
(hereinafter known as the Tripartite Agreement) 50 percent of 
the annual amount shall be available on October 1, 1989, and 
the remaining 50 percent on April 1, 1990, only if the 
President determines and certifies to the appropriate 
congressional committees as of each date that (1) each of the 
signatories to the Tripartite Agreement is in compliance with 
its obligations under the Agreement, (2) the Government of Cuba 
has complied with its obligations under Article 1 of the 
Bilateral Agreement (relating to the calendar for redeployment 
and withdrawal of Cuban troops), (3) the Cubans have not 
engaged in any offensive military actions against UNITA, 
including the use of chemical warfare, (4) the United Nations 
and its affiliated agencies have terminated all funding and 
other support, in conformity with the United Nations 
impartiality package, to the South West Africa People's 
Organization (SWAPO), and (5) the United Nations Angola 
Verification Mission is demonstrating diligence, impartiality, 
and professionalism in verifying the departure of Cuban troops 
and the recording of any troop rotations.
    (e) Funding of these activities by the United States may 
not be construed as constituting recognition of any government 
in Angola.
    (f) For purposes of this section--
          (1) the term ``Bilateral Agreement'' means the 
        Agreement Between the Governments of the People's 
        Republic of Angola and the Republic of Cuba for the 
        Termination of the International Mission of the Cuban 
        Military Contingent, signed at the United Nations on 
        December 22, 1988;
          (2) the term ``Tripartite Agreement'' means the 
        Agreement Among the People's Republic of Angola, the 
        Republic of Cuba, and the Republic of South Africa, 
        signed at the United Nations on December 22, 1988; and
          (3) the term ``appropriate congressional committees'' 
        means the Committees on Appropriations, Foreign 
        Affairs,\74\ and Permanent Select Committee on 
        Intelligence of the House of Representatives, and the 
        Committees on Appropriations, Foreign Relations, and 
        the Select Committee on Intelligence of the Senate.

                     TITLE V--ASIA FOUNDATION \78\

          * * * * * * *
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    \78\ Title V amended sec. 404 of the Asia Foundation Act (Public 
Law 98-164).
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                TITLE VI--INTER-AMERICAN FOUNDATION \79\

          * * * * * * *
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    \79\ Title VI amended the Inter-American Foundation Act (title IV 
of Public Law 91-175). For text, see Legislation on Foreign Relations 
Through 2001, vol. I-A.
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                TITLE VII--REFUGEE AND OTHER PROVISIONS

          * * * * * * *

SEC. 702. TIBETAN AND BURMESE REFUGEES.

    (a) \80\ Tibetan Refugees.--Of the amounts authorized to be 
appropriated by section 104(a)(1) for the Department of State 
for ``Migration and Refugee Assistance'' $500,000 for the 
fiscal year 1990 and $500,000 for the fiscal year 1991 shall be 
available only for assistance for displaced Tibetans in India 
and Nepal. The Secretary of State shall determine the best 
means for providing such assistance.
---------------------------------------------------------------------------
    \80\ Sec. 1102 of this Act waived sec. 702(a) and (b) for fiscal 
years 1990 and 1991, effective on date of enactment of this Act 
(February 16, 1990).
---------------------------------------------------------------------------
    (b) \80\, \81\ Burmese Refugees.--Of the amounts 
authorized to be appropriated by section 104(a)(1) for the 
Department of State for ``Migration and Refugee Assistance'' 
$250,000 for the fiscal year 1990 and $250,000 for the fiscal 
year 1991 shall be available only for humanitarian assistance 
for displaced Burmese on both sides of the border between 
Thailand and Burma.
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    \81\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1211), under Migration and Refugee Assistance, provided: ``That 
of the funds appropriated under this heading, $250,000 shall be made 
available notwithstanding any other provision of law, for food, 
medicine, medical supplies, medical training, clothing, and other 
humanitarian assistance for displaced Burmese students at camps on the 
border with Thailand.''.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1996), 
under Migration and Refugee Assistance, provided: ``That of the funds 
appropriated under this heading, $250,000 shall be made available, 
notwithstanding any other provision of law, for food, medicine, medical 
supplies, medical training, clothing, and other humanitarian assistance 
for any Burmese person in Burma or Thailand who is displaced as a 
result of events relating to civil conflict''.
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SEC. 703. REPORT REGARDING BURMESE STUDENTS.

    (a) Reporting Requirement.--Not later than 30 days after 
the date of enactment of this Act, the Secretary of State, in 
consultation with the Attorney General, shall submit to the 
Committee on Foreign Relations and the Committee on the 
Judiciary of the Senate and the Committee on Foreign Affairs 
\74\ and the Committee on the Judiciary of the House of 
Representatives a report on the immigration and refugee policy 
of the United States regarding Burmese pro-democracy protesters 
who have fled from the military government of Burma and are now 
located in border camps or inside Thailand. Specifically, the 
report shall include--
          (1) a description of the number and location of such 
        persons in border camps in Burma, inside Thailand, and 
        in third countries;
          (2) the number of visas, parole applications, 
        applications for refugee status, and approvals for such 
        persons by the United States and the feasibility of 
        using parole or the need for creating statutory 
        alternatives to parole to facilitate the entry of such 
        persons;
          (3) the immigration policy of Thailand and other 
        countries from which such persons have sought 
        immigration assistance;
          (4) the involvement of international organizations, 
        such as the United Nations High Commission for 
        Refugees, in meeting the residency needs of such 
        persons; and
          (5) the involvement of the United States, other 
        countries, and international organizations in meeting 
        the humanitarian needs of such persons.
    (b) Recommendations for Legislative Changes.--The Secretary 
of State shall recommend in the report required by subsection 
(a) any policy or legislative changes he deems appropriate to 
meet the asylum, refugee, parole, or visa status needs of such 
persons.
    (c) Definition.--As used in this section, the term ``pro-
democracy protester'' means any person who has fled from the 
current military regime of Burma since the outbreak of pro-
democracy demonstrations in Burma in 1988.

SEC. 704. THE TREATMENT OF THE TURKISH MINORITY BY THE GOVERNMENT OF 
                    THE PEOPLE'S REPUBLIC OF BULGARIA AND BULGARIAN 
                    REFUGEES IN TURKEY.

    (a) Findings.--The Congress finds that--
          (1) the Government of the People's Republic of 
        Bulgaria is a signatory to the 1947 Paris Peace Treaty, 
        the Universal Declaration on Human Rights by the United 
        Nations, and the Final Act of the Conference on 
        Security and Cooperation in Europe (also known as the 
        Helsinki Accords);
          (2) the Helsinki Accords express the commitment of 
        the participating states to respect the fundamental 
        freedoms of conscience, religion, expression, and 
        emigration, and to guarantee the rights of minorities;
          (3) the 1971 Constitution of the People's Republic of 
        Bulgaria declares that fundamental rights will not be 
        restricted because of distinction of national origin, 
        race, or religion, and guarantees minorities the rights 
        to study in their mother tongue and freely practice 
        their religion;
          (4) despite its international obligations and 
        constitutional guarantees, the Government of the 
        People's Republic of Bulgaria has taken numerous steps 
        to repress Turkish language and culture, including 
        prohibiting the study of the Turkish language in 
        schools, banning the use of the Turkish language in 
        public, making the receipt and reading of Turkish 
        publications a punishable act, and jamming the 
        reception of Turkish radio and television programs in 
        Bulgaria;
          (5) the right of the ethnic Turkish community to 
        freedom of religion has been severely circumscribed by 
        the Government of the People's Republic of Bulgaria, 
        which has closed a number of mosques and barred the 
        importation of copies of the Koran;
          (6) emigration by ethnic Turks and others has been 
        banned with only a few exceptions;
          (7) beginning in December 1984, the Bulgarian 
        authorities forced the Turkish minority to change their 
        Turkish names to Bulgarian ones, and hundreds of ethnic 
        Turks were killed, injured, or arrested by Bulgarian 
        forces in 1984 and 1985 when they protested this new 
        policy;
          (8) the Bulgarian authorities have used both force 
        and coercion to resettle ethnic Turks from their local 
        villages to areas in Bulgaria with small Turkish 
        populations;
          (9) in May 1989, Bulgarian troops and police attacked 
        ethnic Turks and others who were peacefully 
        demonstrating against their discriminatory treatment in 
        Bulgaria;
          (10) hundreds of demonstrators were killed or wounded 
        in these attacks, and hundreds more were arrested; and
          (11) since these demonstrations, the Government of 
        the People's Republic of Bulgaria has forcibly expelled 
        or coerced into emigrating to Turkey thousands of 
        ethnic Turks without either their money or their 
        possessions, often resulting in the separation of 
        families.
    (b) Policy.--It is the sense of the Congress that the 
Congress--
          (1) strongly condemns the brutal treatment of, and 
        blatant discrimination against, the Turkish minority by 
        the Government of the People's Republic of Bulgaria;
          (2) calls upon the Bulgarian authorities to 
        immediately cease all discriminatory practices against 
        this community and to release all ethnic Turks and 
        others currently imprisoned because of their 
        participation in nonviolent political acts;
          (3) calls upon the Government of Bulgaria to honor 
        its obligations and public statements concerning the 
        right of all Bulgarian citizens to emigrate freely; and
          (4) urges the President and Secretary of State to 
        make strong diplomatic representations to Bulgaria 
        protesting its discriminatory treatment of its Turkish 
        minority and to raise this issue in all appropriate 
        international forums, including the Conference on 
        Security and Cooperation in Europe meeting on the 
        environment in Sofia, Bulgaria, this year.
    (c) \82\ Allocation of Funds for Assistance to Certain 
Turkish Refugees.--Of the funds authorized to be appropriated 
by section 104(a)(1) for the fiscal year 1990, $10,000,000 
shall be available only to the Republic of Turkey for 
assistance for shelter, food, and other basic needs to ethnic 
Turkish refugees fleeing the People's Republic of Bulgaria and 
resettling in the sovereign territory of Turkey.
---------------------------------------------------------------------------
    \82\ Sec. 1102 of this Act waived sec. 704(c) for fiscal years 1990 
and 1991, effective on date of enactment of this Act (February 16, 
1990).
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        TITLE VIII--PLO COMMITMENTS COMPLIANCE ACT OF 1989 \83\

SEC. 801. SHORT TITLE.

    This title may be cited as the ``PLO Commitments Compliance 
Act of 1989''.
---------------------------------------------------------------------------
    \83\ On March 14, 1990, the President designated and empowered 
``the Secretary of State to perform, without the approval, 
ratification, or other approval of the President, the functions of the 
President set forth in Title VIII of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991; Public Law 101-246.'' 
(55 F.R. 11131).
    See other legislation on ``Diplomatic Security and Anti-Terrorism'' 
at page 880.
---------------------------------------------------------------------------

SEC. 802. FINDINGS.

    The Congress finds that--
          (1) United States policy regarding contacts with the 
        Palestine Liberation Organization (including its 
        Executive Committee, the Palestine National Council, 
        and any constituent groups related thereto (hereafter 
        in this title referred to as the ``PLO'')) set forth in 
        the Memorandum of Agreement between the United States 
        and Israel, dated September 1, 1975, stated that the 
        United States ``will not recognize or negotiate with 
        the Palestine Liberation Organization so long as the 
        PLO does not recognize Israel's right to exist and does 
        not accept United Nations Security Council Resolutions 
        242 and 338'';
          (2) section 1302 of the International Security and 
        Development Cooperation Act of 1985 (22 U.S.C. 2151 
        note; Public Law 99-83), effective October 1, 1985, 
        stated that ``no officer or employee of the United 
        States Government and no agent or other individual 
        acting on behalf of the United States Government shall 
        negotiate with the PLO or any representatives thereof 
        (except in emergency or humanitarian situations) unless 
        and until the PLO recognizes Israel's right to exist, 
        accepts United Nations Security Council Resolutions 242 
        and 338, and renounces the use of terrorism'';
          (3) the Department of State statement of November 26, 
        1988, found that ``the United States Government has 
        convincing evidence that PLO elements have engaged in 
        terrorism against Americans and others'' and that ``Mr. 
        [Yasser] Arafat, Chairman of the PLO, knows of, 
        condones, and lends support to such acts; he therefore 
        is an accessory to such terrorism'';
          (4) Secretary of State Shultz declared on December 
        14, 1988, that ``the [PLO] today issued a statement in 
        which it accepted United Nations Security Council 
        Resolutions 242 and 338, recognized Israel's right to 
        exist in peace and security, and renounced terrorism. 
        As a result, the United States is prepared for a 
        substantive dialogue with PLO representatives'';
          (5) President Ronald Reagan, subsequent to the 
        decision to open a United States-PLO dialogue, stated 
        that the PLO ``must demonstrate that its renunciation 
        of terrorism is pervasive and permanent'' and if the 
        PLO reneges on its commitments, the United States 
        ``will certainly break off communications'';
          (6) since the United States agreed to enter into a 
        dialogue with the PLO, there have been several 
        attempted incursions into Israel by the following PLO-
        affiliated groups: the Popular Struggle Front, the 
        Palestine Liberation Front, the Democratic Front for 
        the Liberation of Palestine, and the Islamic Jihad 
        group;
          (7) Yasser Arafat has not renounced any of these 
        incidents, that he has threatened ``ten bullets in the 
        chest'' to those Palestinians who advocate a cessation 
        of the unrest, and that his principal deputy, Abu Iyad, 
        as well as other senior Al-Fatah figures, have been 
        quoted as saying that the PLO recognition of Israel and 
        renunciation of terrorism is merely tactical and that a 
        Palestinian state is but the first step in the 
        ``liberation of Palestine''; \84\
---------------------------------------------------------------------------
    \84\ Sec. 524(6) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 473), struck out 
``and'' at the end of para. (7).
---------------------------------------------------------------------------
          (8) \85\ the President, following an attempted 
        terrorist attack upon a Tel Aviv beach on May 30, 1990, 
        suspended the United States dialogue with the PLO;
---------------------------------------------------------------------------
    \85\ Sec. 524(7) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 473), added paras. 
(8) and (9).
---------------------------------------------------------------------------
          (9) \85\ the President resumed the United States 
        dialogue with the PLO in response to the commitments 
        made by the PLO in letters to the Prime Minister of 
        Israel and the Foreign Minister of Norway of September 
        9, 1993; and
          (10) \86\ that the United States should regularly 
        evaluate the PLO's compliance with the commitments made 
        by Yasser Arafat on behalf of the PLO in Geneva on 
        December 14, 1988 and on September 9, 1993.\87\
---------------------------------------------------------------------------
    \86\ Sec. 524(5) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 473), redesignated 
former para. (8) as para. (10).
    \87\ Sec. 524(4) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 473), inserted ``and 
on September 9, 1993''.
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SEC. 803. POLICY.

    (a) In General.--The Congress reiterates long-standing 
United States policy that any dialogue with the PLO be 
contingent upon the PLO's recognition of Israel's right to 
exist, its acceptance of United Nations Security Council 
Resolutions 242 and 338, and its abstention from and 
renunciation of all acts of terrorism.
    (b) Policy Toward Implementation of PLO Commitments.--It is 
the sense of the Congress that the United States, in any 
discussions with the PLO, should seek--
          (1) the prevention of terrorism and other violent 
        activity by the PLO or any of its factions; and
          (2) the implementation of concrete steps by the PLO 
        consistent with its commitments to recognize Israel and 
        renounce terrorism, including concrete actions that 
        will further the peace process such as--
                  (A) disbanding units which have been involved 
                in terrorism;
                  (B) publicly condemning all acts of 
                terrorism;
                  (C) ceasing the intimidation of Palestinians 
                who advocate a cessation of or who do not 
                support the unrest;
                  (D) calling on the Arab states to recognize 
                Israel and to end their economic boycott of 
                Israel; and
                  (E) amending the PLO's Covenant to remove 
                provisions which undermine Israel's legitimacy 
                and which call for Israel's destruction.
    (c) Policy Toward Recent Armed Incursions Into Israel By 
PLO-Affiliated Groups.--During the next round of talks with the 
PLO, should such talks occur after the date of enactment of 
this Act, the representative of the United States should obtain 
from the representative of the PLO a full accounting of the 
following attempted incursions into Israel which occurred after 
Yasser Arafat's statement of December 14, 1988:
          (1) On December 26, 1988, an attempted armed 
        infiltration into Israel by boat by four members of the 
        PLO-affiliated Popular Struggle Front.
          (2) On December 28, 1988, an attempted armed 
        infiltration into Israel by three members of the PLO-
        affiliated Palestine Liberation Front.
          (3) On January 24, 1989, an unprovoked attack on an 
        Israeli patrol in Southern Lebanon by the PLO-
        affiliated Palestine Liberation Front.
          (4) On February 5, 1989, an attempted armed 
        infiltration into Israel by nine members of the PLO-
        affiliated Palestine Liberation Front and Popular Front 
        for the Liberation of Palestine.
          (5) On February 23, 1989, an attempted attack on 
        targets in Israel by members of the PLO-affiliated 
        Democratic Front for the Liberation of Palestine.
          (6) On February 27, 1989, a PLO-affiliated Popular 
        Front for the Liberation of Palestine ambush of a pro-
        Israeli Southern Lebanese army vehicle.
          (7) On March 2, 1989, an attempted armed infiltration 
        into Israel by four members of the PLO-affiliated 
        Democratic Front for the Liberation of Palestine headed 
        for the civilian town of Zarit.
          (8) On March 13, 1989, an attempted armed 
        infiltration into Israel by three members of the PLO-
        aligned Palestine Liberation Front.
          (9) On March 15, 1989, an attempted attack on Israel 
        through Gaza by two members of the Islamic Jihad group.

SEC. 804. REPORTING REQUIREMENT.

    (a) Report on Armed Incursions.--In the event that talks 
are held with the PLO after the date of enactment of this Act, 
the Secretary of State, shall, within 30 days after the next 
round of such talks, report to the Chairman of the Committee on 
Foreign Affairs \88\ of the Senate and the Speaker of the House 
of Representatives any accounting provided by the 
representative of the PLO of the incidents described in section 
803(c).
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    \88\ As enrolled. Should read ``Committee on Foreign Relations''.
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    (b) Report on Compliance With Commitments.--In conjunction 
with each written policy justification required under section 
604(b)(1) of the Middle East Peace Facilitation Act of 1994 
\89\ or every 180 days,,\90\ the President shall submit to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate a report, in 
unclassified form to the maximum extent practicable, regarding 
progress toward the achievement of the measures described in 
section 803(b). Such report shall include--
---------------------------------------------------------------------------
    \89\ Sec. 1(kk)(1) of Public Law 103-415 (108 Stat. 4303) struck 
out ``section (3)(b)(1) of the Middle East Peace Facilitation Act of 
1994'' and inserted in lieu thereof ``section 583(b)(1) of the Middle 
East Peace Facilitation Act of 1994''. Sec. 606(1) of the Middle East 
Peace Facilitation Act of 1995 (title VI of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1996; Public 
Law 104-107; 110 Stat. 760) also sought to strike out ``section 
(3)(b)(1) of the Middle East Peace Facilitation Act of 1994'' and 
insert in lieu thereof ``section 604(b)(1) of the Middle East Peace 
Facilitation Act of 1995''. This amendment is not executable as stated, 
but the reference to the 1995 Act is incorporated here in keeping with 
congressional intent.
    \90\ Sec. 524(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 473), struck out 
``Beginning 30 days after the date of enactment of this Act, and every 
120 days thereafter in which the dialogue between the United States and 
the PLO has not been discontinued'' and inserted in lieu thereof ``In 
conjunction with each written policy justification required under 
section (3)(b)(1) of the Middle East Peace Facilitation Act of 1994 or 
every 180 days,'' [resulting in a double comma].
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          (1) a description of actions or statements by the PLO 
        as an organization, its Chairman, members of its 
        Executive Committee, members of the Palestine National 
        Council, or any constituent groups related thereto, as 
        they relate to the Geneva commitments of December 1988 
        and each of the commitments described in section 
        604(b)(4) of the Middle East Peace Facilitation Act of 
        1995 \91\ including actions or statements that contend 
        that the declared ``Palestinian state'' encompasses all 
        of Israel;
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    \91\ Sec. 524(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 473), struck out 
``regarding [the] cessation of terrorism and recognition of Israel's 
right to exist'' and inserted in lieu thereof ``and each of the 
commitments described in section (4)(A) of the Middle East Peace 
Facilitation Act of 1994 (Oslo commitments)''.
    Subsequently, sec. 1(kk)(2) of Public Law 103-415 (108 Stat. 4303) 
struck out ``section (4)(a) of the Middle East Peace Facilitation Act 
of 1994'' and inserted in lieu thereof ``section 584(a) of the Middle 
East Peace Facilitation Act of 1994''.
    Subsequently, sec. 606(2) of the Middle East Peace Facilitation Act 
of 1995 (title VI of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996; Public Law 104-107; 110 
Stat. 760) also sought to strike out ``section (4)(a) of the Middle 
East Peace Facilitation Act of 1994 (Oslo commitments)'' and insert in 
lieu thereof ``section 604(b)(1) of the Middle East Peace Facilitation 
Act of 1995''. This amendment is not executable as stated, but the 
reference to the 1995 Act is incorporated here in keeping with 
congressional intent.
---------------------------------------------------------------------------
          (2) a description of the steps, if any, taken by the 
        PLO to evict or otherwise discipline individuals or 
        groups taking actions inconsistent with the Geneva and 
        Oslo \92\ commitments;
---------------------------------------------------------------------------
    \92\ Sec. 524(3) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 473), inserted ``and 
Oslo'' after ``Geneva''.
---------------------------------------------------------------------------
          (3) a statement of whether the PLO, in accordance 
        with procedures in Article 33 of the Palestinian 
        National Covenant, has repealed provisions in that 
        Covenant which call for Israel's destruction;
          (4) a statement of whether the PLO has repudiated its 
        ``strategy of stages'' whereby it seeks to use a 
        Palestinian state in the West Bank and Gaza as the 
        first step in the total elimination of the state of 
        Israel;
          (5) a statement of whether the PLO has called on any 
        Arab state to recognize and enter direct negotiations 
        with Israel or to end its economic boycott of Israel;
          (6) a statement of whether ``Force 17'' and the 
        ``Hawari Group'', units directed by Yasser Arafat that 
        have carried out terrorist attacks, have been disbanded 
        and not reconstituted under different names;
          (7) a statement of whether the following PLO 
        constituent groups conduct or participate in terrorist 
        or other violent activities: the Fatah; the Popular 
        Front for the Liberation of Palestine; the Democratic 
        Front for the Liberation of Palestine; the Arab 
        Liberation Front; the Palestine Liberation Front;
          (8) a statement of the PLO's position on the unrest 
        in the West Bank and Gaza, and whether the PLO 
        threatens, through violence or other intimidation 
        measures, Palestinians in the West Bank and Gaza who 
        advocate a cessation of or who do not support the 
        unrest, and who might be receptive to taking part in 
        elections there;
          (9) a statement of the position of the PLO regarding 
        the prosecution and extradition, if so requested, of 
        known terrorists such as Abu Abbas, who directed the 
        Achille Lauro hijacking during which Leon Klinghoffer 
        was murdered, and Muhammed Rashid, implicated in the 
        1982 bombing of a PanAm jet and the 1986 bombing of a 
        TWA jet in which four Americans were killed; \93\
---------------------------------------------------------------------------
    \93\ Sec. 574 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1653), replaced ``; and'' in para. (9) with a semicolon; struck 
out the period at the end of para. (10) and inserted in lieu thereof 
``; and''; and added a new para. (11).
---------------------------------------------------------------------------
          (10) a statement of the position of the PLO on 
        providing compensation to the American victims or the 
        families of American victims of PLO terrorism; and \93\
          (11) \93\ measures taken by the PLO to prevent acts 
        of terrorism, crime and hostilities and to legally 
        punish offenders, as called for in the Gaza-Jericho 
        agreement of May 4, 1994.
    (c) Report on Policies of Arab States.--Not more than 30 
days after the date of enactment of this Act, the Secretary of 
State shall prepare and submit to the Congress a report 
concerning the policies of Arab states toward the Middle East 
peace process, including progress toward--
          (1) public recognition of Israel's right to exist in 
        peace and security;
          (2) ending the Arab economic boycott of Israel; and
          (3) ending efforts to expel Israel from international 
        organizations or denying participation in the 
        activities of such organizations.

                  TITLE IX--PEOPLE'S REPUBLIC OF CHINA

SEC. 901. FINDINGS AND STATEMENTS OF POLICY.

    (a) Findings.--The Congress finds that--
          (1) on June 4, 1989, the Government of the People's 
        Republic of China ordered an unprovoked, brutal, and 
        indiscriminate assault on thousands of peaceful and 
        unarmed demonstrators and onlookers in and around 
        Tiananmen Square by units of the People's Liberation 
        Army, which resulted in at least 1,000 deaths and 
        several thousand injuries;
          (2) the Chinese Government has executed dozens of 
        individuals who participated in prodemocracy 
        demonstrations or who protested the brutal military 
        assault against peaceful demonstrators;
          (3) the Government of the People's Republic of China 
        is engaging in widespread mass arrests in the aftermath 
        of the June 4, 1989, military assault in Tiananmen 
        Square, which have resulted in the arrests of thousands 
        of students, workers, and other civilians so far;
          (4) independent international human rights 
        organizations, such as Amnesty International and Asia 
        Watch, have documented daily incidences of arbitrary 
        arrests, torture, and beatings by police and military 
        forces in the People's Republic of China;
          (5) the Chinese Government has established telephone 
        hotlines and other local communications networks for 
        the express purpose of identifying and imprisoning 
        prodemocracy supporters and political dissidents 
        throughout the country;
          (6) officials of the Chinese Government have grossly 
        distorted the Government's actions to suppress the 
        prodemocracy movement, including the clandestine 
        disposal of the bodies of demonstrators without 
        informing their families, and have consistently denied 
        that the massacre in and around Tiananmen Square took 
        place or that abuses of human rights have occurred;
          (7) in an effort to conceal the truth about the 
        Chinese Government's brutal suppression of the 
        prodemocracy movement, foreign journalists have been 
        expelled and Voice of America broadcasts are being 
        jammed;
          (8) in view of the widespread and continuing 
        repression, noted Chinese intellectuals and advocates 
        of peaceful democratic reform, Fang Lizhi and Li 
        Shuxian, sought refuge at the United States Embassy in 
        Beijing on June 3, 1989, and the United States 
        exercised its prerogatives under longstanding practices 
        of diplomatic missions by granting them refuge; and
          (9) the President has condemned the actions of the 
        leaders of the People's Republic of China against 
        participants in the prodemocracy movement in China and 
        has taken several concrete steps to respond to the 
        repression of the movement, including--
                  (A) suspending all exports of items on the 
                United States Munitions List, including arms 
                and defense related equipment, to the People's 
                Republic of China;
                  (B) suspending high level government-to-
                government contact between the United States 
                and the People's Republic of China;
                  (C) extending the visas of nationals of the 
                People's Republic of China currently in the 
                United States;
                  (D) offering humanitarian and medical 
                assistance to the injured through the Red 
                Cross;
                  (E) instructing United States representatives 
                to international financial institutions to seek 
                delay in the consideration of loan requests 
                that are made to those financial institutions 
                and would benefit the People's Republic of 
                China;
                  (F) suspending action on applications for the 
                issuance by the Overseas Private Investment 
                Corporation of new insurance and financing of 
                investments in the People's Republic of China 
                by United States investors;
                  (G) opposing the further liberalization of 
                the guidelines of the group known as the 
                Coordinating Committee (COCOM) regarding trade 
                with the People's Republic of China;
                  (H) taking no further action to implement the 
                agreement for cooperation between the United 
                States and the People's Republic of China 
                relating to the uses of nuclear energy, thereby 
                foreclosing the issuance of new licenses; and
                  (I) suspending the license for the export of 
                any United States manufactured satellites for 
                launch on launch vehicles owned by the People's 
                Republic of China, including the two Aussat 
                satellites and the Asiasat satellite.
    (b) Statements of Policy.--It is the sense of the Congress 
that--
          (1) the President is to be commended for his clear 
        articulation of United States condemnation of the 
        actions of the Government of the People's Republic of 
        China in the killing and persecution of the 
        participants of the prodemocracy movement in the 
        People's Republic of China, and for the responses and 
        measures by the President against the People's Republic 
        of China, which the Congress supports;
          (2) the consultative approach that the President has 
        used in coordinating with other countries the United 
        States response to the atrocities committed by the 
        leaders of the People's Republic of China should be 
        supported;
          (3) it is essential that the United States speak in a 
        bipartisan and unified voice in response to the events 
        in the People's Republic of China, and that the 
        President be given the necessary flexibility to respond 
        to rapidly changing situations so that the long-term 
        interests of the United States are not damaged;
          (4) in this vein, the President should continue to 
        emphasize to the leaders of the Government of the 
        People's Republic of China that resumption of normal 
        diplomatic and military relations between the United 
        States and the People's Republic of China will depend 
        directly on the Chinese Government's halting of 
        executions of prodemocracy movement supporters, 
        releasing those imprisoned for their political beliefs, 
        and increasing respect for internationally recognized 
        human rights;
          (5) because human rights violations in a country as 
        populous as the People's Republic of China may have 
        serious implications for the stability of the Asia-
        Pacific region, the United Nations should, in order to 
        further regional security and peace, condemn the 
        violent repression, mass arrests, abuse of African 
        students, and executions of peaceful demonstrators by 
        the Government of the People's Republic of China and 
        urge the Chinese Government to enter into negotiations 
        with representatives of the prodemocracy movement;
          (6) United States policy toward the People's Republic 
        of China should be explicitly linked with the situation 
        in Tibet, specifically as to whether--
                  (A) martial law is lifted in Lhasa and other 
                parts of Tibet;
                  (B) Tibet is open to foreigners, including 
                representatives of the international press and 
                of international human rights organizations;
                  (C) Tibetan political prisoners are released; 
                and
                  (D) the Government of the People's Republic 
                of China is entering into negotiations with 
                representatives of the Dalai Lama on a 
                settlement of the Tibetan question;
          (7) with respect to Hong Kong--
                  (A) the President should convey to the 
                leaders of the People's Republic of China the 
                importance of living up to its international 
                undertaking with respect to the 1984 Joint 
                Declaration for the future prosperity and 
                stability of Hong Kong; and
                  (B) the Secretary of State should convey to 
                the Government of the United Kingdom the strong 
                concern of the United States for continued 
                respect for human rights in Hong Kong, and the 
                need to accelerate progress toward 
                representative government through free and fair 
                direct elections;
          (8) the United States should offer admission to the 
        United States to any national of the People's Republic 
        of China who is under threat of severe penalty as a 
        result of participating in prodemocracy activities; and
          (9) the President should be commended for his 
        courageous and appropriate action, in accordance with 
        the Vienna Convention on Diplomatic Relations and 
        customary international law, in swiftly providing 
        temporary refuge to Fang Lizhi and Li Shuxian at the 
        United States Embassy in Beijing, and the President 
        should continue to provide refuge to those individuals 
        to ensure their personal safety.
    (c) Additional Measures.--It is further the sense of the 
Congress that, in addition to the measures already taken or 
required to be taken by this title--
          (1) because systematic repression in China continues, 
        the President should urge the Export-Import Bank of the 
        United States to continue to postpone approval of any 
        application for financing United States exports to the 
        People's Republic of China;
          (2) under the direction of the Secretary of the 
        Treasury, the United States executive directors of the 
        appropriate international financial institutions should 
        continue to oppose the extension of loans or any other 
        financial assistance by such institutions to the 
        People's Republic of China;
          (3) if systematic repression in China deepens, the 
        President should review--
                  (A) the advisability of continuing to extend 
                most-favored-nation (MFN) trade treatment to 
                Chinese products;
                  (B) all bilateral trade agreements between 
                the United States and the People's Republic of 
                China;
                  (C) the bilateral commercial agreements 
                governing Chinese-American cooperation on 
                satellite launches; and
                  (D) the Chinese-American Agreement for 
                Cooperation on the Peaceful Uses of Atomic 
                Energy, signed at Washington on July 23, 1985;
          (4) if systematic repression in China deepens, the 
        President should consult--
                  (A) with the members of the group known as 
                the Coordinating Committee (COCOM) for the 
                purpose of reviewing the current favorable 
                treatment accorded to high technology exports 
                to the People's Republic of China; and
                  (B) with the other signatories of the General 
                Agreement on Tariffs and Trade (GATT) for the 
                purpose of reviewing the People's Republic of 
                China's observer status at meetings on GATT and 
                reassessing the People's Republic of China's 
                right to accede to GATT.

SEC. 902.\94\ SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES.

    (a) Suspensions.--
---------------------------------------------------------------------------
    \94\ 22 U.S.C. 2151 note. See also sec. 1306 of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2706); secs. 1511 through 1516 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2173 et seq.); and title XIV of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
797 et seq.).
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          (1) Overseas private investment corporation.--The 
        Overseas Private Investment Corporation shall continue 
        to suspend the issuance of any new insurance, 
        reinsurance, guarantees, financing, or other financial 
        support with respect to the People's Republic of China, 
        unless the President makes a report under subsection 
        (b) (1) or (2) of this section.
          (2) Trade and development agency.--The President 
        shall suspend the obligation of funds under the Foreign 
        Assistance Act of 1961 for any new activities of the 
        Trade and Development Agency \95\ with respect to the 
        People's Republic of China, unless the President makes 
        a report under subsection (b) (1) or (2) of this 
        section.
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    \95\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided 
that ``Any reference in any law to the Trade and Development Program 
shall be deemed to be a reference to the Trade and Development 
Agency.''.
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          (3) Munitions export licenses.--(A) The issuance of 
        licenses under section 38 of the Arms Export Control 
        Act for the export to the People's Republic of China of 
        any defense article on the United States Munitions 
        List, including helicopters and helicopter parts, shall 
        continue to be suspended, subject to subparagraph (B), 
        unless the President makes a report under subsection 
        (b) (1) or (2) of this section.
          (B) The suspension set forth in subparagraph (A) 
        shall not apply to systems and components designed 
        specifically for inclusion in civil products and 
        controlled as defense articles only for purposes of 
        export to a controlled country, unless the President 
        determines that the intended recipient of such items is 
        the military or security forces of the People's 
        Republic of China.
          (4) Crime control and detection instruments and 
        equipment.--The issuance of any license under section 
        6(k) \96\ of the Export Administration Act of 1979 for 
        the export to the People's Republic of China of any 
        crime control or detection instruments or equipment 
        shall be suspended, unless the President makes a report 
        under subsection (b) (1) or (2) of this section.
---------------------------------------------------------------------------
    \96\ Section 6(k) of the Export Administration Act has been 
redesignated as sec. 6(n).
---------------------------------------------------------------------------
          (5) \97\ Export of satellites for launch by the 
        people's republic of china.--Exports of any satellite 
        of United States origin that is intended for launch 
        from a launch vehicle owned by the People's Republic of 
        China shall remain suspended, unless the President 
        makes a report under subsection (b) (1) or (2) of this 
        section.
---------------------------------------------------------------------------
    \97\ Sec. 610 of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1990 (Public 
Law 101-162; 103 Stat. 1038) provided the following:
    ``Sec. 610. (a) No monies appropriated by this Act may be used to 
reinstate, or approve any export license applications for the launch of 
United States-built satellites on Soviet- or Chinese-built launch 
vehicles unless the President makes a report under subsection (b) or 
(c) of this section.
    ``(b) The restriction on the approval of export licenses for United 
States-built satellites to the People's Republic of China for launch on 
Chinese-built launch vehicles is terminated if the President makes a 
report to the Congress that:
---------------------------------------------------------------------------

          ``(1) the Government of the People's Republic of China has 
        made progress on a program of political reform throughout the 
        entire country which includes--

                  ``(A) lifting of martial law;
                  ``(B) halting of executions and other reprisals 
                against individuals for the nonviolent expression of 
                their political beliefs;
                  ``(C) release of political prisoners;
                  ``(D) increased respect for internationally 
                recognized human rights, including freedom of 
                expression, the press, assembly, and association; and
                  ``(E) permitting a freer flow of information, 
                including an end to the jamming of Voice of America and 
                greater access for foreign journalists; or
---------------------------------------------------------------------------
    ``(c) It is in the national interest of the United States.''.
    On December 19, 1989, the President reported in letters to the 
Speaker of the House of Representatives and President of the Senate the 
following:
    ``Pursuant to the authority vested in me by section 610 of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1990 (P.L. 101-162) (``the Act''), and as 
President of the United States, I hereby report that is in the national 
interest of the United States to lift the prohibition on reinstatement 
and approval of export licenses for the three United States-built 
AUSSAT and AsiaSat satellites for launch on Chinese-built launch 
vehicles.''. [Weekly Compilation of Presidential Documents, volume 25, 
number 51, December 25, 1989, p. 1972]
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          (6) Nuclear cooperation with the people's republic of 
        china.--(A) Any--
                  (i) application for a license under the 
                Export Administration Act of 1979 for the 
                export to the People's Republic of China for 
                use in a nuclear production or utilization 
                facility of any goods or technology which, as 
                determined under section 309(c) of the Nuclear 
                Non-Proliferation Act of 1978, could be of 
                significance for nuclear explosive purposes, or 
                which, in the judgment of the President, is 
                likely to be diverted for use in such a 
                facility, for any nuclear explosive device, or 
                for research on or development of any nuclear 
                explosive device, shall be suspended,
                  (ii) application for a license for the export 
                to the People's Republic of China of any 
                nuclear material, facilities, or components 
                subject to the Agreement shall be suspended,
                  (iii) approval for the transfer or retransfer 
                to the People's Republic of China of any 
                nuclear material, facilities, or components 
                subject to the Agreement shall not be given, 
                and
                  (iv) specific authorization for assistance in 
                any activities with respect to the People's 
                Republic of China relating to the use of 
                nuclear energy under section 57b.(2) of the 
                Atomic Energy Act of 1954 shall not be given,
        until the conditions specified in subparagraph (B) are 
        met.
          (B) \98\ Subparagraph (A) applies until--
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    \98\ On January 12, 1998, the President determined and certified 
that: ``Pursuant to section (b)(1) of Public Law 99-183 of December 16, 
1985, relating to the approval and implementation of the Agreement for 
Cooperation Between the United States and the People's Republic of 
China, I hereby certified that: (A) the reciprocal arrangements made 
pursuant to article 8 of the Agreement have been designed to be 
effective in ensuring that any nuclear material, facilities, or 
components provided under the Agreement shall be utilized solely for 
intended peaceful purposes as set forth in the Agreement; (B) the 
Government of the People's Republic of China has provided additional 
information concerning its nuclear nonproliferation policies and that, 
based on this and all other information available to the United States 
Government, the People's Republic of China is not in violation of 
paragraph (2) of section 129 of the Atomic Energy Act of 1954; and (C) 
the obligation to consider favorably a request to carry out activities 
described in Article 5(2) of the Agreement shall not prejudice the 
decision of the United States to approve or disapprove such a request. 
Pursuant to section 902(a)(6)(B)(i) of Public Law 101-246, I hereby 
certify that the People's Republic of China has provided clear and 
unequivocal assurances to the United States that it is not assisting 
and will not assist any nonnuclear-weapon state, either directly or 
indirectly, in acquiring nuclear explosive devices or the material and 
components for such devices.'' (Presidential Determination No. 98-10; 
63 F.R. 3447).
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                  (i) the President certifies to the Congress 
                that the People's Republic of China has 
                provided clear and unequivocal assurances to 
                the United States that it is not assisting and 
                will not assist any nonnuclear-weapon state, 
                either directly or indirectly, in acquiring 
                nuclear explosive devices or the materials and 
                components for such devices;
                  (ii) the President makes the certifications 
                and submits the report required by Public Law 
                99-183; and
                  (iii) the President makes a report under 
                subsection (b) (1) or (2) of this section.
          (C) For purposes of this paragraph, the term 
        ``Agreement'' means the Agreement for Cooperation 
        Between the Government of the United States of America 
        and the Government of the People's Republic of China 
        Concerning Peaceful Uses of Nuclear Energy (done on 
        July 23, 1985).
          (7) Liberalization of export controls.--(A) The 
        President shall negotiate with the governments 
        participating in the group known as the Coordinating 
        Committee (COCOM) to suspend, on a multilateral basis, 
        any liberalization by the Coordinating Committee of 
        controls on exports of goods and technology to the 
        People's Republic of China under section 5 of the 
        Export Administration Act of 1979, including--
                  (i) the implementation of bulk licenses for 
                exports to the People's Republic of China; and
                  (ii) the raising of the performance levels of 
                goods or technology below which no authority or 
                permission to export to the People's Republic 
                of China would be required.
          (B) The President shall oppose any liberalization by 
        the Coordinating Committee of controls which is 
        described in subparagraph (A)(ii), until the end of the 
        6-month period beginning on the date of enactment of 
        this Act or until the President makes a report under 
        subsection (b) (1) or (2) of this section, whichever 
        occurs first.
    (b) Termination of Suspensions.--A report referred to in 
subsection (a) is a report by the President to the Congress 
either--
          (1) that the Government of the People's Republic of 
        China has made progress on a program of political 
        reform throughout the country, including Tibet, which 
        includes--
                  (A) lifting of martial law;
                  (B) halting of executions and other reprisals 
                against individuals for the nonviolent 
                expression of their political beliefs;
                  (C) release of political prisoners;
                  (D) increased respect for internationally 
                recognized human rights, including freedom of 
                expression, the press, assembly, and 
                association; and
                  (E) permitting a freer flow of information, 
                including an end to the jamming of Voice of 
                America and greater access for foreign 
                journalists; or
          (2) \97\, \99\ that it is in the national 
        interest of the United States to terminate a suspension 
        under subsection (a) (1), (2), (3), (4), or (5), to 
        terminate a suspension or disapproval under subsection 
        (a)(6), or to terminate the opposition required by 
        subsection (a)(7), as the case may be.
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    \99\ On at least two occasions, the President has invoked the 
authority in sec. 902(b)(2) to terminate the suspensions in sec. 902(a) 
to issue export licenses for defense articles and U.S. satellites. See: 
``Statement by Press Secretary Fitzwater on Restrictions on U.S. 
Satellite Component Exports to China, April 30, 1991'' in Weekly 
Compilation of Presidential Documents, v. 27, May 3, 1991, p. 531; and 
``Termination of Suspensions Under Foreign Relations Authorization Act 
with Respect to Issuance of Licenses to People's Republic of China--
Message From the President of the United States (H. Doc. No. 104-
236),'' Congressional Record, June 24, 1996, p. H6709.
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    (c) Reporting Requirement.--Sixty days after the date of 
enactment of this Act, the President shall submit to the 
Congress a report on--
          (1) any steps taken by the Government of China to 
        achieve the objectives described in subsection (b)(1);
          (2) the effect of multilateral sanctions on political 
        and economic developments in China and on China's 
        international economic relations;
          (3) the impact of the President's actions described 
        in section 901(a)(9) and of the suspensions under 
        subsection (a) of this section on--
                  (A) political and economic developments in 
                China;
                  (B) the standard of living of the Chinese 
                people;
                  (C) relations between the United States and 
                China; and
                  (D) the actions taken by China to promote a 
                settlement in Cambodia which will ensure 
                Cambodian independence, facilitate an act of 
                self-determination by the Cambodian people, and 
                prevent the Khmer Rouge from returning to 
                exclusive power;
          (4) the status of programs and activities suspended 
        under subsection (a); and
          (5) the additional measures taken by the President 
        under section 901(c) if repression in China deepens.

                   TITLE X--MISCELLANEOUS PROVISIONS

SEC.\100\ 1001. INCREASING AMOUNT OF REWARDS FOR COMBATTING TERRORISM * 
                    * *
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    \100\ Sec. 1001 amended sec. 36(c) of the State Department Basic 
Authorities Act of 1956.
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SEC. 1002. ASSIGNMENT OF COMMERCIAL OFFICERS TO THE UNITED STATES 
                    MISSION TO THE EUROPEAN COMMUNITY.

    Within 90 days of the date of enactment of this Act, the 
United States Foreign and Commercial Service shall assign to 
the United States Mission to the European Community in Brussels 
no less than three commercial officers and such other staff as 
may be necessary to support such officers.

SEC. 1003. BUY-AMERICAN REQUIREMENT.

    (a) Determination by Secretary of State.--If the Secretary 
of State, with the concurrence of the United States Trade 
Representative and the Secretary of Commerce, determines that 
the public interest so requires, the Secretary of State is 
authorized to award to a domestic firm a contract that, under 
the use of competitive procedures, would be awarded to a 
foreign firm, if--
          (1) the final product of the domestic firm will be 
        completely assembled in the United States;
          (2) when completely assembled, not less than 50 
        percent of the final product of the domestic firm will 
        be domestically produced; and
          (3) the difference between the bids submitted by the 
        foreign and domestic firms is not more than 6 percent.
In determining under this subsection whether the public 
interest so requires, the Secretary of State shall take into 
account United States international obligations and trade 
relations.
    (b) Limited Application.--This section shall not apply to 
the extent to which--
          (1) such applicability would not be in the public 
        interest;
          (2) compelling national security considerations 
        require otherwise; or
          (3) the United States Trade Representative determines 
        that such an award would be in violation of the General 
        Agreement on Tariffs and Trade or an international 
        agreement to which the United States is a party.
    (c) Definitions.--For purposes of this section--
          (1) the term ``domestic firm'' means a business 
        entity that is incorporated in the United States and 
        that conducts business operations in the United States; 
        and
          (2) the term ``foreign firm'' means a business entity 
        not described in paragraph (1).
    (d) Applicability of Provision.--This section shall apply 
only to contracts for which--
          (1) amounts are authorized to be made available by 
        this Act; and
          (2) solicitations for bids are issued after the date 
        of the enactment of this Act.

SEC. 1004. SUPPORT FOR THE BENJAMIN FRANKLIN HOUSE MUSEUM AND LIBRARY.

    (a) Findings.--The Congress finds that--
          (1) the former London residence of Benjamin Franklin 
        is the only surviving home of Benjamin Franklin 
        existing today and should be preserved to commemorate 
        his great contributions to human liberty, science, and 
        education; and
          (2) the Friends of Benjamin Franklin House and the 
        American Franklin Friends Committee are twin charities 
        dedicated to the restoration, preservation, and 
        maintenance of the Benjamin Franklin House as a museum 
        and library open to the public.
    (b) Policy of Support.--The Congress hereby--
          (1) urges the people of the United States to 
        recognize June 17, 1990, as the bicentennial of 
        Benjamin Franklin's death and to celebrate Franklin's 
        long and distinguished public service, his scientific 
        and literary achievements, and his role as a Founding 
        Father of our country; and
          (2) calls on the relevant agencies and departments of 
        the Federal Government of the United States to 
        recognize the important goals of the Friends of 
        Benjamin Franklin House and the American Franklin 
        Friends Committee.

SEC. 1005. ASSOCIATION OF DEMOCRATIC NATIONS.

    (a) Findings.--The Congress makes the following findings:
          (1) It is the policy of the United States to support 
        and promote democratic values and institutions around 
        the world.
          (2) Over the last decade, the United States, in 
        concert with other nations, has provided support to 
        those working for democracy in many nations throughout 
        the world.
          (3) Such support has advanced the cause of freedom 
        and democracy in those nations by providing 
        international technical expertise on holding free and 
        fair elections, providing international observers to 
        document the conduct of the elections, and in offering 
        economic and humanitarian support to newly established 
        democracies.
          (4) On June 8, 1989, at the commencement ceremonies 
        at Harvard University, the newest leader of a 
        democratic nation, Prime Minister Benazir Bhutto of 
        Pakistan, called for the establishment of an 
        Association of Democratic Nations to support the right 
        of peoples everywhere to choose freely their own 
        government.
          (5) The goals of the Association would be to 
        promote--
                  (A) the holding of elections at regular 
                intervals which are open to the participation 
                of all significant political parties, which are 
                fairly administered, and in which the franchise 
                is broad or universal;
                  (B) respect for fundamental human rights, 
                including freedom of expression, freedom of 
                conscience, and freedom of association;
                  (C) international recognition of legitimate 
                elections through international election 
                observer missions at all stages of the 
                election, including the campaign, the voting, 
                and the ballot counting;
                  (D) the mobilization of international opinion 
                and economic measures against the military 
                overthrow of democratic governments; and
                  (E) the provision of economic assistance to 
                strengthen and support democratic nations.
    (b) Policy.--It is the sense of the Congress that--
          (1) the proposal offered by Prime Minister Benazir 
        Bhutto of Pakistan would further the cause of 
        democracy, freedom, and justice and is in the interest 
        of the United States; and
          (2) the President of the United States should give 
        serious consideration to the implementation of the 
        proposal, and should provide not later than 120 days 
        after the date of enactment of this Act,\101\ a report 
        to the Congress assessing the merits of, and estimated 
        annual costs of, establishing such an Association of 
        Democratic Nations.
---------------------------------------------------------------------------
    \101\ Sec. 320(b)(5) of Public Law 101-302 (104 Stat. 247) struck 
out ``by December 31, 1989'' and inserted in lieu thereof ``not later 
than 120 days after the enactment of this Act''.
---------------------------------------------------------------------------

SEC. 1006. POLICY REGARDING HUMAN RIGHTS ABUSES IN CUBA.

    (a) Findings.--The Congress finds that--
          (1) the United Nations Commission on Human Rights in 
        1989 issued its first report on human rights in Cuba, 
        the result of a year-long investigation that concluded 
        on the 30th year of Fidel Castro's rise to power;
          (2) that report extensively documented across-the-
        board human rights abuses, including cases of torture, 
        missing persons, religious persecution, violations of 
        civil and political rights, and violations of economic 
        and social rights;
          (3) the United Nations received 137 complaints of 
        ``torture, cruel, inhuman or degrading treatment or 
        punishment'';
          (4) among the abuses reported to the United Nations 
        were sensory deprivation, immersion in a pit latrine, 
        mock executions, overcrowding in special cells, 
        deafening loudspeakers, keeping prisoners naked in 
        front of relatives, and forcing a prisoner about to be 
        executed to carry his own coffin or dig his own grave;
          (5) despite the Cuban Government's statements not to 
        harass those who cooperated with the United Nations' 
        investigation, many Cuban citizens who met, or 
        attempted to meet with the United Nations team suffered 
        reprisals;
          (6) at least 26 Cuban human rights monitors and 
        independent activists who were arrested in the 
        aftermath of the United Nations investigation are 
        currently serving prison sentences or being held 
        without trial; and
          (7) the United Nations Commission on Human Rights 
        approved a resolution on March 9, 1989, calling on the 
        Government of Cuba to cooperate with the Secretary 
        General of the United Nations in settling unresolved 
        questions of human rights.
    (b) Statement of Policy.--In the interest of promoting 
respect for internationally recognized human rights in Cuba, 
the Congress--
          (1) calls on the Secretary General of the United 
        Nations to act upon the resolution approved by the 
        Commission on Human Rights March 9, 1989, calling on 
        the Secretary General to take appropriate action to 
        follow up on the Commission's report on human rights in 
        Cuba; and
          (2) calls on the Secretary General to specifically 
        urge the Government of Cuba to release at least 26 
        persons still being held in detention because of their 
        human rights activities.

SEC. 1007. CONCERNING THE SUBMISSION TO THE CONGRESS OF AGREEMENTS 
                    PERTAINING TO THE BOUNDARIES OF THE UNITED STATES.

    It is the sense of the Congress that all international 
agreements pertaining to the international boundaries of the 
United States should be submitted to the Congress for such 
consideration as is appropriate pursuant to the respective 
constitutional responsibilities of the Senate and the House of 
Representatives.

SEC. 1008. REPORT TO CONGRESS CONCERNING OCEANIA.

    Not later than 180 days after the date of the enactment of 
this Act, and one year thereafter, the Secretary of State shall 
prepare and submit an unclassified report to the Committee on 
Foreign Affairs \102\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate which--
---------------------------------------------------------------------------
    \102\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (1) sets forth in detail the policy of the United 
        States with respect to Oceania, which is comprised of 
        Polynesia, Micronesia, and Melanesia;
          (2) examines the nature, extent, and source of 
        political, social, and economic instability affecting 
        states in such region;
          (3) assesses the impact and level of communist 
        influence in Oceania;
          (4) analyzes projections for the total economic 
        growth of such region, with particular emphasis on the 
        exclusive economic zones (EEZ); and
          (5) makes recommendations for specific measures 
        necessary to ensure a strong United States presence in 
        Oceania that contributes to and strengthens democratic 
        institutions and economic growth for the states of the 
        region.

SEC. 1009. REPORT CONCERNING MEXICO.

    Not later than 90 days after the date of the enactment of 
this Act, the Secretary of State shall prepare and submit to 
the Congress a report concerning the relationship between the 
United States and Mexico. Such report shall--
          (1) analyze potential changes in political, cultural, 
        diplomatic, economic, and other factors as the United 
        States and Mexico move toward greater economic 
        integration and cooperation;
          (2) consider the feasibility and effect of a three-
        way meeting among Canada, Mexico, and the United States 
        to discuss greater economic integration and 
        cooperation;
          (3) analyze political, cultural, diplomatic, 
        economic, and other factors related to the development 
        of an economically integrated and cooperative border 
        region between Mexico and the United States; and
          (4) evaluate the adequacy of the resources of the 
        Department of State which currently address relations 
        between the United States and Mexico, including a 
        projection of future needs to handle the increasing 
        work load requirements resulting from the growing flow 
        of goods, services, and people across the United 
        States-Mexican border.

SEC. 1010. ESTABLISHMENT OF A LATIN AMERICAN AND CARIBBEAN DATA BASE.

    (a) Authorization.--Of the funds authorized to be 
appropriated for fiscal year 1990 by section 101(a)(1), 
$1,300,000 are authorized to be appropriated to provide 
continued support for the establishment of a Latin American and 
Caribbean Data base.
    (b) Conditions.--In developing the data base described in 
subsection (a), the Secretary of State shall be required to 
satisfy the following conditions:
          (1) Any agreement for an on-line bibliographic data 
        base entered into for purposes of this section shall 
        continue to be subject to full and open competition or 
        merit review among qualified United States institutions 
        with strong Latin American and Caribbean programs.
          (2) The Secretary of State shall ensure that funds 
        are not awarded to maintain services which are 
        significantly duplicative of existing services.

                    TITLE XI--BUDGET ACT COMPLIANCE

SEC. 1101. COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.

    (a) Limitation on Spending Authority.--Any new spending 
authority (within the meaning of section 401 of the 
Congressional Budget Act of 1974) which is provided under this 
Act shall be effective for any fiscal year only to the extent 
or in such amounts as are provided in advance in appropriation 
Acts.
    (b) Limitation on Contract Authority.--Any authority 
provided by this Act to enter into contracts shall be effective 
only--
          (1) to the extent that the budget authority for the 
        obligation to make outlays, which is created by the 
        contract, has been provided in advance by an 
        appropriation Act; or
          (2) to the extent or in such amounts as are provided 
        in advance in appropriation Acts.

SEC. 1102. WAIVER OF EARMARKS.

    Section 101(a)(1) that follows ``1991''; 101(c); 102(a)(2); 
221(b); 702(a); 702(b) and 704(c) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (including 
amendments made thereunder), and section 1204 of the Foreign 
Service Act of 1980 as amended by section 149(b) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991; 
section 505(e)(3) of title V of the United States Information 
and Educational Exchange Act of 1948, as amended by section 205 
of the Foreign Relations Authorization Act, Fiscal Years 1990 
and 1991; and section 404(b) of the Asia Foundation Act as 
amended by section 501 of the Foreign Relations Authorization 
Act, Fiscal Years 1990 and 1991; are hereby waived during 
fiscal years 1990 and 1991. So much of the preceding sentence 
as pertains to the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991, shall take effect only on the date of 
enactment of this Act.
   m. Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

    Partial text of Public Law 100-204 [H.R. 1777], 101 Stat. 1331, 
 approved December 22, 1987; as amended by Public Law 100-461 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
Fiscal Year 1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; 
 Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 
 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; 
 Public Law 101-649 [Immigration Act of 1990; S. 358], 104 Stat. 4978, 
   approved November 29, 1990; Public Law 102-138 [Foreign Relations 
    Authorization Act for 1992 and 1993; H.R. 1415], 105 Stat. 647, 
approved October 28, 1991; Public Law 102-583 [International Narcotics 
 Control Act of 1992, H.R. 6187], 106 Stat. 4914, approved November 2, 
 1992; Public Law 103-149 [South African Democratic Transition Support 
 Act of 1993; H.R. 3225], 107 Stat. 1503, approved November 23, 1993; 
    Public Law 103-199 [FRIENDSHIP Act, H.R. 3000], 107 Stat. 2317, 
   approved December 17, 1993; Public Law 103-236 [Foreign Relations 
 Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 
 382, approved April 30, 1994; Public Law 104-208 [Foreign Operations, 
 Export Financing, and Related Programs Appropriations Act, 1997; sec. 
101(c) of title I of the Omnibus Consolidated Appropriations Act, 1997; 
  H.R. 3610], 110 Stat. 3009, approved September 30, 1996; Public Law 
104-208 [Illegal Immigration Reform and Immigrant Responsibility Act of 
1996; division C of the Omnibus Consolidated Appropriations Act, 1997; 
        H.R. 3610], 110 Stat. 3009, approved September 30, 1996


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.



 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
  the Department of State, the United States Information Agency, the 
  Voice of America, the Board for International Broadcasting, 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.\1\ SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
  (b) Table of Contents.--The table of contents for this Act is 
as follows: * * *

                    TITLE I--THE DEPARTMENT OF STATE

    PART A--AUTHORIZATION OF APPROPRIATIONS; ALLOCATIONS OF FUNDS; 
                              RESTRICTIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

  (a) Diplomatic and Ongoing Operations.--The following amounts 
are authorized to be appropriated under ``Administration of 
Foreign Affairs'' 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:
          (1) \2\ For ``Salaries and Expenses'' of the 
        Department of State (other than the Diplomatic Security 
        Program), $1,431,908,000 for the fiscal year 1988 and 
        $1,460,546,000 for the fiscal year 1989, of which not 
        less than $250,000 for each fiscal year shall be 
        available only for use by the Bureau of International 
        Communications and Information Policy to support 
        international institutional development and other 
        activities which promote international communications 
        and information development.
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    \2\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Salaries and Expenses'': 
$1,694,000,000. It further stated that none of these funds should be 
available for the Office of Public Diplomacy for Latin America and the 
Caribbean.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $1,784,000,000.
---------------------------------------------------------------------------
          (2) \3\ For ``Acquisition and Maintenance of 
        Buildings Abroad'' (other than the Diplomatic Security 
        Program), $313,124,000 for the fiscal year 1988 and 
        $319,386,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \3\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Acquisition and Maintenance of 
Buildings Abroad'': $313,100,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $240,021,000.
---------------------------------------------------------------------------
          (3) \4\ For ``Representation Allowances'', $4,460,000 
        for the fiscal year 1988 and $4,549,000 for the fiscal 
        year 1989.
---------------------------------------------------------------------------
    \4\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Representation Allowances'': 
$4,500,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,590.000.
---------------------------------------------------------------------------
          (4) \5\ For ``Emergencies in the Diplomatic and 
        Consular Service'', $4,000,000 for the fiscal year 1988 
        and $4,080,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \5\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Emergencies in the Diplomatic and 
Consular Service'': $4,000,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,500,000.
---------------------------------------------------------------------------
          (5) \6\ For ``Payment to the American Institute in 
        Taiwan'', $9,379,000 for the fiscal year 1988 and 
        $9,567,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \6\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Payment to the American Institute in 
Taiwan'': $11,000,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $10,890,000.
---------------------------------------------------------------------------
  (b) Diplomatic Security Program.--In addition to amounts 
authorized to be appropriated by subsection (a), the following 
amounts are authorized to be appropriated under 
``Administration of Foreign Affairs'' for the Department of 
State to carry out the diplomatic security program:
          (1) For ``Salaries and Expenses'', $350,000,000 for 
        the fiscal year 1988 and $357,000,000 for the fiscal 
        year 1989.
          (2) \7\ For ``Protection of Foreign Missions and 
        Officials'', $9,100,000 for the fiscal year 1988 and 
        $9,282,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \7\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Protection of Foreign Missions and 
Officials'': $9,000,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $9,100,000.
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          * * * * * * *

SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND CONFERENCES; 
                    INTERNATIONAL PEACEKEEPING ACTIVITIES.

  (a) \8\ International Organizations.--There are authorized to 
be appropriated to the Department of State under 
``Contributions to International Organizations'', $571,000,000 
for the fiscal year 1988 and $582,420,000 for the fiscal year 
1989 in order 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, 
of which amount--
---------------------------------------------------------------------------
    \8\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Contributions to International 
Organizations'': $480,000,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $485,940,000.
---------------------------------------------------------------------------
          (1) \9\ $193,188,000 for the fiscal year 1988 and 
        $193,188,000 for the fiscal year 1989 shall be 
        available only for the United States assessed 
        contribution to the United Nations;
---------------------------------------------------------------------------
    \9\ In making appropriations for fiscal year 1988, the Department 
of State Appropriation Act, 1988 (sec. 101(a) of the Continuing 
Appropriations for 1988; Public Law 100-202; 101 Stat. 1329), waived 
sec. 102(a)(1) through (11). These sections were waived for fiscal year 
1989 by title III of the Department of State Appropriations Act, 1989 
(Public Law 100-459; 102 Stat. 2204).
---------------------------------------------------------------------------
          (2) \9\ $63,857,000 for the fiscal year 1988 and 
        $63,857,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        World Health Organization;
          (3) \9\ $31,443,000 for the fiscal year 1988 and 
        $31,443,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        International Atomic Energy Agency;
          (4) \9\ $44,915,000 for the fiscal year 1988 and 
        $44,915,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        Organization of American States;
          (5) \9\ $38,659,000 for the fiscal year 1988 and 
        $38,659,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        Pan-American Health Organization;
          (6) \9\ $7,849,000 for the fiscal year 1988 and 
        $7,849,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        International Civil Aviation Organization;
          (7) \9\ $645,000 for the fiscal year 1988 and 
        $645,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        International Maritime Organization;
          (8) \9\ $4,471,000 for the fiscal year 1988 and 
        $4,471,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        International Telecommunication Union;
          (9) \9\ $25,110,000 for the fiscal year 1988 and 
        $25,110,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        North Atlantic Treaty Organization;
          (10) \9\ $29,385,000 for the fiscal year 1988 and 
        $29,385,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        Organization for Economic Cooperation and Development; 
        and
          (11) \9\ $388,000 for the fiscal year 1988 and 
        $388,000 for the fiscal year 1989 shall be available 
        only for the United States assessed contribution to the 
        International Wheat Council.
  (b) \10\ International Peacekeeping Activities.--There are 
authorized to be appropriated to the Department of State under 
``Contributions to International Peacekeeping Activities'', 
$29,400,000 for fiscal year 1988 and $29,988,000 for the fiscal 
year 1989 \11\ in order 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.
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    \10\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``International Peacekeeping 
Activities'': $29,400,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $29,000,000.
    \11\ Title II, sec. 1, of the Dire Emergency Supplemental 
Appropriations and Transfers, Urgent Supplementals, and Correcting 
Enrollment Errors Act of 1989 (Public Law 101-45; 103 Stat. 119), 
provided the following:
    ``In order to meet urgent requests that may arise during fiscal 
year 1989 for contributions and other assistance for new international 
peacekeeping activities, and to reimburse funds originally appropriated 
for prior international peacekeeping activities, which have been 
reprogrammed for new international peacekeeping activities, the 
President may transfer during fiscal year 1989 such of the funds 
described in section 2(a) as the President deems necessary, but not to 
exceed $125,000,000 to the `Contributions for International 
Peacekeeping Activities' account or the `Peacekeeping Operations' 
account administered by the Department of State, notwithstanding 
section 15(a) of the Department of State Basic Authorities Act of 1956, 
section 10 of Public Law 91-672, or any other provision of law.''.
    For full text of conditions for any transfers, see 103 Stat. 97.
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  (c) \12\ International Conferences and Contingencies.--There 
are authorized to be appropriated to the Department of State 
under ``International Conferences and Contingencies'', 
$6,000,000 for fiscal year 1988 and $6,120,000 for the fiscal 
year 1989 in order 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, of which amount such funds as 
may be necessary shall be available for the expense of hosting 
the 1987 General Assembly of the Organization of American 
States.
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    \12\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``International Conferences and 
Contingencies'': $6,000,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $6,000,000.
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SEC. 103. 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 with respect to international commissions:
          (1) \13\ For ``International Boundary and Water 
        Commission, United States and Mexico'', $14,700,000 for 
        the fiscal year 1988 and $14,994,000 for the fiscal 
        year 1989.
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    \13\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``International Boundary and Water 
Commission, United States and Mexico'': salaries and expenses--
$10,261,000; construction--$3,166,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided for salaries and expenses--$10,261,000; 
construction--$3,166,000.
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          (2) \14\ For ``International Boundary Commission, 
        United States and Canada'', $721,000 for the fiscal 
        year 1988 and $735,000 for the fiscal year 1989.
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    \14\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for the ``International Joint Commission'' 
and the ``International Boundary Commission'': $4,316,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,316,000.
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          (3) \14\ For ``International Joint Commission'', 
        $2,979,000 for the fiscal year 1988 and $3,039,000 for 
        the fiscal year 1989.
          (4) \15\ For ``International Fisheries Commissions'', 
        $10,800,000 for the fiscal year 1988 and $11,016,000 
        for the fiscal year 1989.
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    \15\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``International Fisheries 
Commissions'': $10,548,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $10,548,000.
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SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

  (a) \16\ Authorization of Appropriations.--There are 
authorized to be appropriated to the Department of State under 
``Migration and Refugee Assistance'', $336,750,000 for the 
fiscal year 1988 and $343,485,000 for the fiscal year 1989 in 
order to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States with respect to migration and refugee assistance.
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    \16\ The Foreign Operations, Export Financing and Related Programs 
Appropriations Act, 1988 (sec. 101(e), title III, of the Continuing 
Appropriations for 1988; Public Law 100-202), provided the following 
for ``Migration and Refugee Assistance'': $346,450,000, earmarked for 
several specific programs. The Dire Emergency Supplemental 
Appropriations Act, 1988 (Public Law 100-393; 102 Stat. 973), provided 
$24,000,000 for the ``United States Emergency Migration and Refugee 
Assistance Fund'', not less than $6,000,000 of which was earmarked for 
Soviet and other Eastern European refugees.
    The Foreign Operations, Export Financing and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268-14), 
provided $361,950,000 for ``Migration and Refugee Assistance'', 
earmarked for several specific programs, and provided $50,000,000 for 
the ``United States Emergency Refugee and Migration Assistance Fund'', 
not less than $23,000,000 of which was earmarked for Afghan refugees.
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  (b) Allocation of Funds.--Of the amounts authorized to be 
appropriated by subsection (a)--
          (1) $25,000,000 for the fiscal year 1988 and 
        $25,000,000 for the fiscal year 1989 shall be available 
        only for assistance for refugees resettling in Israel; 
        and
          (2) $5,000,000 for the fiscal year 1988 and 
        $5,000,000 for the fiscal year 1989 shall be available 
        only for the United Nations High Commissioner for 
        Refugees and other international relief organizations 
        for the protection of, and improvements in educational, 
        nutritional, and medical assistance for, the 
        Indochinese refugees in Thailand, of which $1,000,000 
        for the fiscal year 1988 and $1,000,000 for the fiscal 
        year 1989 shall be used only for such educational 
        purposes.

SEC. 105.\17\ OTHER PROGRAMS.

  There are authorized to be appropriated to the Department of 
State for the following programs:
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    \17\ The Department of State Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2204), provided for the programs listed here, and 
for ``Payment to the Asia Foundation'': $13,700,000; and for the 
``Fishermen's Guaranty Fund'': $1,725,000.
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          (1) \18\ ``Bilateral Science and Technology 
        Agreements'', $1,900,000 for the fiscal year 1988 and 
        $1,938,000 for the fiscal year 1989.
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    \18\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Bilateral Science and Technology 
Agreements'': $1,900,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $2,000,000.
---------------------------------------------------------------------------
          (2) \19\ ``Soviet-East European Research and 
        Training'', $4,600,000 for the fiscal year 1988 and 
        $5,000,000 for the fiscal year 1989.
---------------------------------------------------------------------------
    \19\ The Department of State Appropriation Act, 1988 (sec. 101(a), 
title III, of the Continuing Appropriations for 1988; Public Law 100-
202), provided the following for ``Soviet-East European Research and 
Training'': $4,600,000.
    The Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2204), provided $4,600,000.
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SEC. 106. REDUCTION IN EARMARKS IF APPROPRIATIONS ARE LESS THAN 
                    AUTHORIZATIONS.

  If the amount appropriated for a fiscal year pursuant to any 
authorization of appropriations provided by this Act is less 
than the authorization amount and a provision of this Act 
provides that a specified amount of the authorization amount 
shall be available only for a certain purpose, then the amount 
so specified shall be deemed to be reduced for that fiscal year 
to the amount which bears the same ratio to the specified 
amount as the amount appropriated bears to the authorization 
amount.

SEC. 107. TRANSFER OF FUNDS.

  (a) Transfers for Salaries and Expenses.--The Secretary of 
State may transfer, without regard to section 1502 of title 31, 
United States Code, to the ``Salaries and Expenses'' account of 
the Department of State amounts appropriated for any fiscal 
year prior to fiscal year 1989 under ``Acquisition and 
Maintenance of Buildings Abroad'' which are allocated for 
capital programs. Any transfer under this subsection shall be 
treated as a reprogramming for purposes of section 34 of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 
2706).
  (b) Limitations.--
          (1) Subsection (a) shall not apply to amounts 
        appropriated for purposes of the diplomatic security 
        program under section 401(a) of the Diplomatic Security 
        Act (22 U.S.C. 4851).
          (2) The aggregate of--
                  (A) the amounts transferred under this 
                section for a fiscal year, and
                  (B) the amounts appropriated for ``Salaries 
                and Expenses'' for that fiscal year,
        may not exceed the amount authorized to be appropriated 
        for ``Salaries and Expenses'' for that fiscal year.
          (3) The authority contained in subsection (a) may be 
        exercised only to such extent or in such amounts as are 
        provided in advance in appropriation Acts.

SEC. 108. COMPLIANCE WITH PRESIDENTIAL-CONGRESSIONAL SUMMIT AGREEMENT 
                    ON DEFICIT REDUCTION.

  Notwithstanding the specific authorizations of appropriations 
contained in this Act, budget authority may not be provided 
pursuant to those authorizations in an amount which would cause 
the aggregate amount of discretionary budget authority provided 
for international affairs (budget function 150) for a fiscal 
year to exceed the amount of discretionary budget authority for 
international affairs for that fiscal year as specified in laws 
implementing the agreement between the President and the joint 
Congressional leadership on November 20, 1987.

SEC. 109. PROHIBITION ON USE OF FUNDS FOR POLITICAL PURPOSES.

  No funds authorized to be appropriated by this Act or by any 
other Act authorizing funds for any entity engaged in any 
activity concerning the foreign affairs of the United States 
shall be used--
          (1) for publicity or propaganda purposes designed to 
        support or defeat legislation pending before Congress;
          (2) to influence in any way the outcome of a 
        political election in the United States; or
          (3) for any publicity or propaganda purposes not 
        authorized by Congress.

SEC. 110.\20\ LATIN AMERICAN AND CARIBBEAN DATA BASES.

  (a) Authorization.--The Secretary of State, in consultation 
with the heads of appropriate departments and agencies of the 
United States, shall use not less than $1,300,000 of the funds 
authorized to be appropriated for each of the fiscal years 1988 
and 1989 by section 101(a)(1) of this Act to provide for the 
establishment of a Latin American and Caribbean Data Base.
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    \20\ In appropriating funds for ``Salaries and Expenses'', the 
Department of State Appropriation Act, 1988 (sec. 101(a) of the 
Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 
1329), and the Department of State Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2204), waived sec. 110 for fiscal years 1988 and 
1989.
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  (b) Conditions.--In developing these data bases the Secretary 
of State shall be required to satisfy the following conditions:
          (1) Any new agreement for an on-line bibliographic 
        data base entered into for purposes of this section 
        shall be subject to full and open competition or merit 
        review among qualified United States institutions with 
        strong Latin American and Caribbean programs.
          (2) The Secretary shall ensure that funds are not 
        awarded to maintain services which are significantly 
        duplicative of existing services.

    PART B--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN 
                                MISSIONS

          * * * * * * *

SEC. 122.\21\ * * * [Repealed--1991]
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    \21\ Formerly at 22 U.S.C. 2656 note. Sec. 122, relating to 
consular and diplomatic posts abroad, was repealed by sec. 112(b) of 
the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(Public Law 102-138; 105 Stat. 655).
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SEC. 123.\22\ * * * [Repealed--1990]
---------------------------------------------------------------------------

    \22\ Sec. 123, relating to the closing of diplomatic and consular 
posts in Antigua and Barbuda, was repealed by sec. 121 of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 
101-246; 104 Stat. 27).
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SEC. 124.\23\ REPORT ON EXPENDITURES MADE FROM APPROPRIATION FOR 
                    EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.

  The Secretary of State shall provide to the Committee on 
Foreign Relations and the Committee on Appropriations of the 
Senate and the Committee on Foreign Affairs \24\ and the 
Committee on Appropriations of the House of Representatives 
within 30 days after the end of each quarter of the fiscal year 
a complete report, including amount, payee, and purpose, of all 
expenditures made from the appropriation for ``Emergencies in 
the Diplomatic and Consular Service'' for that quarter. Items 
included in each such report concerning representation, 
official travel, and gifts shall be submitted in unclassified 
form.\25\
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    \23\ 22 U.S.C. 2680 note. Sec. 209(e)(6) of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536), provided that reports required 
under this section are excluded from the application of the Federal 
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 
U.S.C. 1113 note).
    \24\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \25\ Sec. 114 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 655), added the last 
sentence.
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          * * * * * * *

SEC. 127.\26\ * * *

SEC. 128. LIMITATION ON THE USE OF A FOREIGN MISSION IN A MANNER 
                    INCOMPATIBLE WITH ITS STATUS AS A FOREIGN MISSION.

    (a) \27\ * * *
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    \26\ Sec. 127 amended sec. 116(d) and 502B(b) of the Foreign 
Assistance Act of 1961 to require the inclusion of coercive population 
control information in the annual human rights report.
    \27\ Sec. 128(a) added a new sec. 215 to the State Basic 
Authorities Act of 1956.
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  (b) Effective Date.--(1) Except as provided in paragraph (2), 
the amendment made by subsection (a) shall apply to any foreign 
mission beginning on the date of enactment of this Act.
  (2)(A) The amendment made by subsection (a) shall apply 
beginning 6 months after the date of enactment of this Act with 
respect to any nonimmigrant alien who is using a foreign 
mission as a residence or a place of business on the date of 
enactment of this Act.
  (B) The Secretary of State may delay the effective date 
provided for in subparagraph (A) for not more than 6 months 
with respect to any nonimmigrant alien if the Secretary finds 
that a hardship to that alien would result from the 
implementation of subsection (a).

SEC. 129. ALLOCATION OF SHARED COSTS AT MISSIONS ABROAD.

  In order to provide for full reimbursement of shared 
administrative costs at United States missions abroad, the 
Secretary of State shall review, and revise if necessary, the 
allocation procedures under which agencies reimburse the 
Department of State for shared administrative costs at United 
States missions abroad. Within 3 months after the date of 
enactment of this Act, the Secretary of State shall submit a 
report to the Committee on Foreign Affairs \24\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate on such review and any revision.

SEC. 130.\28\ PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN ISRAEL, 
                    JERUSALEM, OR THE WEST BANK.

  None of the funds authorized to be appropriated by this title 
may be obligated or expended for site acquisition, development, 
or construction of any new facility in Israel, Jerusalem, or 
the West Bank.
---------------------------------------------------------------------------
    \28\ Sec. 305 of the Department of State Appropriations Act, 1989 
(Public Law 100-459; 102 Stat. 2208), waived sec. 414 of the Diplomatic 
Security Act, and provided the following:
    ``such funds * * * may be hereafter obligated or expended for site 
acquisition, development, and construction of two new diplomatic 
facilities in Israel, Jerusalem, or the West Bank, provided that each 
facility (A) equally preserves the ability of the United States to 
locate its Ambassador or its Consul General at that site, consistent 
with United states policy; (B) shall not be denominated as the United 
States Embassy or Consulate until after construction of both facilities 
has begun, and construction of one facility has been completed, or is 
near completion; and (C) unless security considerations require 
otherwise, commences operation simultaneously.''.
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SEC. 131. PURCHASING AND LEASING OF RESIDENCES.

  It is the sense of the Congress that in its fiscal year 1989 
budget presentations to the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs \24\ of the 
House of Representatives, the Department of State shall provide 
sufficient information on the advantages and disadvantages of 
purchasing rather than leasing residential properties to enable 
the Congress to determine the specific amount of savings that 
would or would not be achieved by purchasing such properties. 
The Department also shall make recommendations to the Congress 
on the purchasing and leasing of such properties.

SEC. 132.\29\ PROHIBITION ON ACQUISITION OF HOUSE FOR SECRETARY OF 
                    STATE

  The Department of State shall not solicit or receive funds 
for the construction, purchase, lease or rental of, nor any 
gift or bequest of real property or any other property for the 
purpose of providing living quarters for the Secretary of 
State.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 2697 note.
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SEC. 133.\30\ UNITED STATES DEPARTMENT OF STATE FREEDOM OF EXPRESSION.

  (a) Finding.--Congress finds that the United States 
Department of State, on September 15, 1987, declared itself to 
be a temporary foreign diplomatic mission for the purpose of 
denying free speech to American citizens who planned to protest 
the tyranny of the Soviet regime.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 4301 note.
---------------------------------------------------------------------------
  (b) Prohibition.--It is not in the national security interest 
of the United States for the Department of State to declare, 
and it shall not declare, itself to be a foreign diplomatic 
mission.

SEC. 134.\31\ * * *

          * * * * * * *
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    \31\ Sec. 134 repealed subsec. 413(b) of the Diplomatic Security 
Act (Public Law 99-399; 100 Stat. 853) which had established an Office 
of Policy and Program Review in the Department of State.
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SEC. 137. STUDY AND REPORT CONCERNING THE STATUS OF INDIVIDUALS WITH 
                    DIPLOMATIC IMMUNITY IN THE UNITED STATES.

  (a) Study.--The Secretary shall undertake a study of the 
minimum liability insurance coverage required for members of 
foreign missions and their families and the feasibility of 
requiring an increase in such minimum coverage. In conducting 
such study, the Secretary shall consult with members of the 
insurance industry, officials of State insurance regulatory 
bodies, and other experts, as appropriate. The study shall 
consider the following:
          (1) The adequacy of the currently required insurance 
        minimums, including the experiences of injured parties.
          (2) The feasibility and projected cost of increasing 
        the current minimum coverages to $1,000,000 or some 
        lesser amount in the commercial insurance market, 
        including consideration of individual umbrella policies 
        to provide additional coverage above the current 
        minimum.
          (3) The feasibility and cost of requiring additional 
        coverage up to $1,000,000 through a single group 
        insurance arrangement, administered by the Department, 
        providing umbrella coverage for the entire class of 
        foreign officials who are immune from the jurisdiction 
        of the United States.
          (4) The consequences to United States missions 
        abroad, including their costs of operation, that might 
        reasonably be anticipated as a result of requiring an 
        increase in the insurance costs of foreign missions in 
        the United States.
          (5) Any other issues and recommendations the 
        Secretary may consider appropriate.
  (b) Report.--The Secretary shall compile a report to the 
Congress concerning the problem arising from diplomatic 
immunity from criminal prosecution and from civil suit. The 
report shall set forth the background of the various issues 
arising from the problem, the extent of the problem, an 
analysis of proposed and other potential measures to address 
the problem (including an analysis of the costs associated with 
and difficulties of implementing the various proposals), 
consider the potential and likely impact upon United States 
diplomatic personnel of actions in other nations that are 
comparable to such proposals, and make recommendations for 
addressing the problem with respect to the following:
          (1) The collection of debts owed by foreign missions 
        and members of such missions and their families to 
        individuals and entities in the United States.
          (2) A detailed catalog of incidents of serious 
        criminal offenses by persons entitled to immunity under 
        the Vienna Convention on Diplomatic Relations and other 
        treaties to assist in developing an understanding of 
        the extent of the problem.
          (3) The feasibility of having the Department of State 
        develop and periodically submit to the Congress a 
        report concerning--
                  (A) serious criminal offenses committed in 
                the United States by individuals entitled to 
                immunity from the criminal jurisdiction of the 
                United States; and
                  (B) delinquency in the payment of debts owed 
                by foreign missions and members of such 
                missions and their families to individuals and 
                entities in the United States.
          (4) Methods for improving the education of law 
        enforcement officials on the extent of immunity 
        provided to members of foreign missions and their 
        families under the Vienna Convention on Diplomatic 
        Relations and other treaties.
          (5) Proposals to assure that law enforcement 
        officials fully investigate, charge, and institute and 
        maintain prosecution of members of foreign missions and 
        their families to the extent consistent with the 
        obligations of the United States under the Vienna 
        Convention on Diplomatic Relations and other treaties.
          (6) The extent to which existing practices regarding 
        the circumstances under which diplomatic visas under 
        section 101(a)(15)(A) of the Immigration and 
        Nationality Act are issued and revoked are adequate to 
        ensure the integrity of the diplomatic visa category.
          (7) The extent to which current registration and 
        documentation requirements fully and accurately 
        identify individuals entitled to diplomatic immunity.
          (8) The extent to which the Department of State is 
        able to identify diplomats allegedly involved in 
        serious crimes in the United States so as to initiate 
        their removal from the United States and the extent to 
        which existing law may be inadequate to prevent the 
        subsequent readmission of such individuals under 
        nonimmigrant and immigrant categories unrelated to 
        section 101(a)(15)(A) of the Immigration and 
        Nationality Act.
          (9) A comparison of the procedures for the issuance 
        of visas to diplomats from foreign nations to the 
        United States and international organizations with the 
        procedures accorded to United States diplomats to such 
        nations and to international organizations in such 
        nations, and recommendations to achieve reciprocity in 
        such procedures.
          (10)(A) A review of the definition of the term 
        ``family'' under the Diplomatic Relations Act.
          (B) An evaluation of the effect of amendments to the 
        term ``family'' on the number of persons entitled to 
        diplomatic immunity in the United States.
          (C) An evaluation of the potential effect of various 
        amendments to the term ``family'' under the Diplomatic 
        Relations Act on the number of serious criminal 
        offenses committed in the United States by members of 
        foreign missions and their families entitled to 
        immunity from the criminal jurisdiction of the United 
        States.
          (11) An examination of all possible measures to 
        prevent the use of diplomatic pouches for the illicit 
        transportation of narcotics, explosives, or weapons.
          (12) An examination of the considerations in 
        establishing a fund for compensating the victims of 
        crimes committed by persons entitled to immunity from 
        criminal prosecution under the Vienna Convention on 
        Diplomatic Relations and other treaties, including the 
        feasibility of establishing an insurance fund financed 
        by foreign missions.
  (c) Congress.--Not more than 90 days after the date of 
enactment of this Act, the findings and recommendations of the 
study under subsection (a) and the report under subsection (b) 
shall be submitted to the Committee on the Judiciary and the 
Committee on Foreign Relations of the Senate and the Committee 
on the Judiciary and the Committee on Foreign Affairs \24\ of 
the House of Representatives.

SEC. 138.\32\ FEDERAL JURISDICTION OF DIRECT ACTIONS AGAINST INSURERS 
                    OF DIPLOMATIC AGENTS.

  (a) Period of Liability.--Section 1364 of title 28, United 
States Code, is amended by inserting after ``who is'' the 
following: ``, or was at the time of the tortious act or 
omission,''.
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    \32\ The amended part of sec. 1364 of title 28, U.S.C., read as 
follows (with new language in brackets):
    ``(a) The district courts shall have original and exclusive 
jurisdiction, without regard to the amount in controversy, of any civil 
action commenced by any person against an insurer who by contract has 
insured an individual, who is [or was at the time of the tortious act 
or omission] a member of a mission (within the meaning of section 2(3) 
of the Diplomatic Relations Act (22 U.S.C. 254a(3))) or a member of the 
family of such a member of a mission, or an individual described in 
section 19 of the Convention on Privileges and Immunities of the United 
Nations of February 13, 1946, against liability for personal injury, 
death, or damage to property.''.
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  (b) \33\ Application.--The amendment made by subsection (a) 
shall apply to the first tortious act or omission occurring 
after the date of enactment of this Act.
---------------------------------------------------------------------------
    \33\ 28 U.S.C. 1364 note.
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SEC. 139. ENFORCEMENT OF CASE-ZABLOCKI ACT REQUIREMENTS.

  (a) Restriction on Use of Funds.--If any international 
agreement, whose text is required to be transmitted to the 
Congress pursuant to the first sentence of subsection (a) of 
section 112b of title 1, United States Code (commonly referred 
to as the ``Case-Zablocki Act''), is not so transmitted within 
the 60-day period specified in that sentence, then no funds 
authorized to be appropriated by this or any other Act shall be 
available after the end of that 60-day period to implement that 
agreement until the text of that agreement has been so 
transmitted.
  (b) Effective Date.--Subsection (a) shall take effect 60 days 
after the date of enactment of this Act and shall apply during 
fiscal years 1988 and 1989.

SEC. 140.\34\ ANNUAL COUNTRY REPORTS ON TERRORISM.

  (a) Requirement of Annual Country Reports on Terrorism.--The 
Secretary of State shall transmit to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate, by April 30 \35\ of each year, a full and complete 
report providing--
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    \34\ 22 U.S.C. 2656f. See also sec. 805 of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536), requiring reports on terrorist 
activity in which U.S. citizens were killed.
    \35\ Sec. 122 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 27), struck out 
``March 31'' and inserted in lieu thereof ``April 30''.
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          (1) detailed assessments with respect to each foreign 
        country--
                  (A) in which acts of international terrorism 
                occurred which were, in the opinion of the 
                Secretary, of major significance;
                  (B) about which the Congress was notified 
                during the preceding five years pursuant to 
                section 6(j) of the Export Administration Act 
                of 1979; and
                  (C) which the Secretary determines should be 
                the subject of such report; \36\
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    \36\ Sec. 578(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009), struck out ``and'' at the end of para. (1), struck out 
a period at the end of para. (2) and inserted instead a semicolon, and 
added new paras. (3) and (4).
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          (2) all relevant information about the activities 
        during the preceding year of any terrorist group, and 
        any umbrella group under which such terrorist group 
        falls, known to be responsible for the kidnapping or 
        death of an American citizen during the preceding five 
        years, any terrorist group known to be financed by 
        countries about which Congress was notified during the 
        preceding year pursuant to section 6(j) of the Export 
        Administration Act of 1979, and any other known 
        international terrorist group which the Secretary 
        determines should be the subject of such report; \36\
          (3) \36\ with respect to each foreign country from 
        which the United States Government has sought 
        cooperation during the previous five years in the 
        investigation or prosecution of an act of international 
        terrorism against United States citizens or interests, 
        information on--
                  (A) the extent to which the government of the 
                foreign country is cooperating with the United 
                States Government in apprehending, convicting, 
                and punishing the individual or individuals 
                responsible for the act; and
                  (B) the extent to which the government of the 
                foreign country is cooperating in preventing 
                further acts of terrorism against United States 
                citizens in the foreign country; and
          (4) \36\ with respect to each foreign country from 
        which the United States Government has sought 
        cooperation during the previous five years in the 
        prevention of an act of international terrorism against 
        such citizens or interests, the information described 
        in paragraph (3)(B).
  (b) Provisions To Be Included in Report.--The report required 
under subsection (a) should to the extent feasible include (but 
not be limited to)--
          (1) with respect to subsection (a)(1)--
                  (A) a review of major counterterrorism 
                efforts undertaken by countries which are the 
                subject of such report, including, as 
                appropriate, steps taken in international fora;
                  (B) the response of the judicial system of 
                each country which is the subject of such 
                report with respect to matters relating to 
                terrorism affecting American citizens or 
                facilities, or which have, in the opinion of 
                the Secretary, a significant impact on United 
                States counterterrorism efforts, including 
                responses to extradition requests; and
                  (C) significant support, if any, for 
                international terrorism by each country which 
                is the subject of such report, including (but 
                not limited to)--
                          (i) political and financial support;
                          (ii) diplomatic support through 
                        diplomatic recognition and use of the 
                        diplomatic pouch;
                          (iii) providing sanctuary to 
                        terrorists or terrorist groups; and
                          (iv) the positions (including voting 
                        records) on matters relating to 
                        terrorism in the General Assembly of 
                        the United Nations and other 
                        international bodies and fora of each 
                        country which is the subject of such 
                        report; and
          (2) with respect to subsection (a)(2), any--
                  (A) significant financial support provided by 
                foreign governments to those groups directly, 
                or provided in support of their activities;
                  (B) provisions of significant military or 
                paramilitary training or transfer of weapons by 
                foreign governments to those groups;
                  (C) provision of diplomatic recognition or 
                privileges by foreign governments to those 
                groups; \37\
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    \37\ Sec. 133(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 395), struck 
out ``and'' at the end of para. (C); struck out a period at the end of 
para. (D), and inserted in lieu thereof ``; and''; and added a new 
para. (E).
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                  (D) provision by foreign governments of 
                sanctuary from prosecution to these groups or 
                their members responsible for the commission, 
                attempt, or planning of an act of international 
                terrorism; and \37\
                  (E) \37\ efforts by the United States to 
                eliminate international financial support 
                provided to those groups directly or provided 
                in support of their activities.
  (c) Classification of Report.--
          (1) Except as provided in paragraph (2),\38\ the 
        report required under subsection (a) shall, to the 
        extent practicable, be submitted in an unclassified 
        form and may be accompanied by a classified appendix.
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    \38\ Sec. 578(2)(A) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I 
of the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-
208; 110 Stat. 3009), struck out ``The report'' in subsec. (c) and 
inserted in lieu thereof ``(1) Except as provided in paragraph (2), the 
report''. Sec. 578(2)(B) of that Act also indented para. (1).
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          (2) \39\ If the Secretary of State determines that 
        the transmittal of the information with respect to a 
        foreign country under paragraph (3) or (4) of 
        subsection (a) in classified form would make more 
        likely the cooperation of the government of the foreign 
        country as specified in such paragraph, the Secretary 
        may transmit the information under such paragraph in 
        classified form.
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    \39\ Sec. 578(2)(C) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I 
of the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-
208; 110 Stat. 3009), added para. (2).
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  (d) Definitions.--As used in this section--
          (1) the term ``international terrorism'' means 
        terrorism involving citizens or the territory of more 
        than 1 country;
          (2) the term ``terrorism'' means premeditated, 
        politically motivated violence perpetrated against 
        noncombatant targets by subnational groups or 
        clandestine agents; and
          (3) the term ``terrorist group'' means any group 
        practicing, or which has significant subgroups which 
        practice, international terrorism.
  (e) Reporting Period.--
          (1) The report required under subsection (a) shall 
        cover the events of the calendar year preceding the 
        year in which the report is submitted.
          (2) The report required by subsection (a) to be 
        submitted by March 31, 1988, may be submitted no later 
        than August 31, 1988.

SEC. 141. RESTRICTION ON USE OF FUNDS FOR PUBLIC DIPLOMACY EFFORTS.

  (a) In General.--Except as provided in subsection (b), none 
of the funds authorized to be appropriated by this Act for the 
Department of State may be used by the Department of State to 
make any contract or purchase order agreement, on or after the 
date of enactment of this Act, with any individual, group, 
organization, partnership, corporation, or other entity for the 
purpose of--
          (1) providing advice or assistance for any program 
        for foreign representatives of any civic, labor, 
        business, or humanitarian group during any visit to 
        Washington, District of Columbia, or any other location 
        within the United States;
          (2) providing contact with any refugee group or exile 
        in Washington, District of Columbia, or elsewhere in 
        the United States, including the arranging of any media 
        event, interview, or public appearance;
          (3) translating articles on regions of the world and 
        making them available for distribution to United States 
        news organizations or public interest groups;
          (4) providing points of contact for public interest 
        groups seeking to interview exiles, refugees, or other 
        visitors;
          (5) coordinating or accompanying media visits to any 
        region of the world;
          (6) providing source material relating to regional 
        conflicts for public diplomacy efforts;
          (7) providing or presenting, in writing or orally, 
        factual material on security considerations, refugee 
        problems, or political dynamics of any region of the 
        world for use on public diplomacy efforts;
          (8) editing briefs or other materials for use on 
        public diplomacy efforts;
          (9) conducting special studies or projects for use on 
        public diplomacy efforts;
          (10) designing or organizing a distribution system 
        for materials for use on public diplomacy efforts; or
          (11) directing the operation of this distribution 
        system, including--
                  (A) development of specialized, segmented 
                addressee lists of persons or organizations 
                which have solicited materials or information 
                on any region of the world;
                  (B) computerization, coding, maintenance, or 
                updating of lists;
                  (C) retrieval, storage, mailing, or shipping 
                of individual or bulk packets of publications;
                  (D) maintenance or control of inventory or 
                reserve stocks of materials;
                  (E) distribution of materials;
                  (F) coordinating publication production; or
                  (G) conducting systematic evaluations of the 
                system.
  (b) Exceptions.--
          (1) Subsection (a) does not apply to any contract or 
        purchase order agreement made, after competitive 
        bidding, by or for the Bureau of Public Affairs of the 
        Department of State.
          (2) During fiscal years 1988 and 1989, a contract 
        related to advocacy and policy positions may be entered 
        into by or on behalf of the Department of State if the 
        Committee on Foreign Affairs \40\ of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate are notified not less than 15 days in 
        advance of the proposed contract.
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    \40\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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  (c) Limitation on Use of Funds.--Of the funds authorized to 
be appropriated by this or any other Act, not more than 
$389,000 may be used in any fiscal year to finance the 
activities set forth in subsection (a).

SEC. 142. AUTHORITY TO INVEST AND RECOVER EXPENSES FROM INTERNATIONAL 
                    CLAIMS SETTLEMENT FUNDS.

  (a) \41\ * * *
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    \41\ Sec. 142(a) amended sec. 8 of the International Claims 
Settlement Act of 1949 (22 U.S.C. 1621).
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  (b) \42\ Authority To Accept Reimbursements.--The Department 
of State Appropriation Act of 1937 (49 Stat. 1321, 22 U.S.C. 
2661) is amended under the heading entitled ``international 
fisheries commission'' by inserting after the fourth 
undesignated paragraph the following new paragraph: * * *
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    \42\ 22 U.S.C. 2661. The Department of State Appropriations Act of 
1937 (49 Stat. 1321, 22 U.S.C. 2661), as amended, provides as follows:
    ``On and after May 15, 1936, whenever the Secretary of State, in 
his discretion, procures information on behalf of corporations, firms, 
and individuals, the expense of cablegrams and telephone service 
involved may be charged against the respective appropriations for the 
service utilized; and reimbursement therefor shall be required from 
those for whom the information was procured and, when made, be credited 
to the appropriation under which the expenditure was charged.
    ``The Secretary of State is authorized to accept reimbursement from 
corporations, firms, and individuals for the expenses of travel, 
translation, printing, special experts, and other extraordinary 
expenses (including such expenses as salaries and other personnel 
expenses) incurred in pursuing a claim on their behalf against a 
foreign government or other foreign entity. Such reimbursements shall 
be credited to the appropriation account against which the expense was 
initially charged.''.
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              PART C--DIPLOMATIC RECIPROCITY AND SECURITY

SECS. 151-153.\43\ * * * [Repealed--1993]
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    \43\ Sec. 502(e)(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2326) repealed secs. 151 through 153, relating to the U.S.-Soviet 
embassy agreement on use of the Mt. Alto site for the Soviet Embassy in 
the United States and use of the U.S. Embassy in Moscow.
    Sec. 139(15) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398), subsequently 
repealed sec. 153(d), which already had been repealed by Public Law 
103-199.
    Sec. 151 was waived during fiscal years 1988 and 1989 by sec. 305 
of the Department of State Appropriation Act, 1988 (sec. 101(a), title 
III, of the Continuing Appropriations for 1988; Public Law 100-202).
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SEC. 154.\44\ * * * [Repealed--1993]
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    \44\ Sec. 501(b) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2325) repealed sec. 154, which had required a report on personnel 
levels of Soviet state trading enterprises in the United States.
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SEC. 155.\45\ PERSONNEL SECURITY PROGRAM FOR EMBASSIES IN HIGH 
                    INTELLIGENCE THREAT COUNTRIES.

  (a) Special Security Program.--The Secretary of State shall 
develop and implement, within three months after the date of 
enactment of this Act, a special personnel security program for 
personnel of the Department of State assigned to United States 
diplomatic and consular posts in high intelligence threat 
countries who are responsible for security at those posts and 
for any individuals performing guard functions at those posts. 
Such program shall include--
---------------------------------------------------------------------------
    \45\ 22 U.S.C. 4802 note.
---------------------------------------------------------------------------
          (1) selection criteria and screening to ensure 
        suitability for assignment to high intelligence threat 
        countries;
          (2) counterintelligence awareness and related 
        training;
          (3) security reporting and command arrangements 
        designed to counter intelligence threats; and
          (4) length of duty criteria and policies regarding 
        rest and recuperative absences.
  (b) Report to Congress.--Not later than 6 months after the 
date of enactment of this subsection, the Secretary of State 
shall report to the Congress on the special personnel security 
program required by subsection (a).
  (c) Definition.--As used in subsection (a), the term ``high 
intelligence threat country'' means--
          (1) a country listed as a Communist country in 
        section 620(f) of the Foreign Assistance Act of 1961; 
        and
          (2) any other country designated as a high 
        intelligence threat country for purposes of this 
        section by the Secretary of State, the Secretary of 
        Defense, the Director of Central Intelligence, or the 
        Director of the Federal Bureau of Investigation.
          * * * * * * *

SEC. 157.\46\ PROHIBITION ON CERTAIN EMPLOYMENT AT UNITED STATES 
                    DIPLOMATIC AND CONSULAR MISSIONS IN COMMUNIST 
                    COUNTRIES.

  (a) Prohibition.--After September 30, 1990, no national of a 
Communist country may be employed as a foreign national 
employee in any area of a United States diplomatic or consular 
facility in any Communist country where classified materials 
are maintained.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 3943 note.
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  (b) Definition.--As used in this section, the term 
``Communist country'' means a country listed in section 620(f) 
of the Foreign Assistance Act of 1961.
  (c) Additional Funds for Hiring United States Citizens.--The 
Congress expresses its willingness to provide additional funds 
to the Department of State for the expenses of employing United 
States nationals to replace the individuals dismissed by reason 
of subsection (a).
  (d) Report and Request for Funds.--As a part of the 
Department of State's authorization request for fiscal years 
1990 and 1991, the Secretary of State, in consultation with the 
heads of all relevant agencies, shall submit--
          (1) a report, which shall include--
                  (A) a feasibility study of the implementation 
                of this section; and
                  (B) an analysis of the impact of the 
                implementation of this section on the budget of 
                the Department of State; and
          (2) a request for funds necessary for the 
        implementation of this section pursuant to the findings 
        and conclusions specified in the report under paragraph 
        (1).
  (e) Waiver.--The President may waive this section--
          (1) if funds are not specifically authorized and 
        appropriated to carry out this section; or
          (2) the President determines that it is in the 
        national security interest of the United States to 
        continue to employ foreign service nationals.
The President shall notify the appropriate committees of 
Congress each time he makes the waiver conferred on him by this 
section.

SEC. 158.\47\ TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NATIONAL 
                    EMPLOYEES ENGAGING IN HOSTILE INTELLIGENCE 
                    ACTIVITIES.

  (a) Termination.--The Secretary of State shall exercise the 
authorities available to him to ensure that the United States 
does not provide, directly or indirectly, any retirement 
benefits of any kind to any present or former foreign national 
employee of a United States diplomatic or consular post against 
whom the Secretary has convincing evidence that such employee 
has engaged in intelligence activities directed against the 
United States. To the extent practicable, the Secretary shall 
provide due process in implementing this section.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 4041 note.
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  (b) Waiver.--The Secretary of State may waive the 
applicability of subsection (a) on a case-by-case basis with 
respect to an employee if he determines that it is vital to the 
national security of the United States to do so and he reports 
such waiver to the appropriate committees of the Congress.

SEC. 159. REPORT ON EMPLOYMENT OF FOREIGN NATIONALS AT FOREIGN SERVICE 
                    POSTS ABROAD.

  Not later than 6 months after the date of enactment of this 
Act, the Secretary of State, in consultation with the Secretary 
of Commerce, the Secretary of Agriculture, the Director of 
Central Intelligence, the Director of the United States 
Information Agency, and the Director of the Peace Corps, shall 
submit to the Congress a report discussing the advisability of 
employing foreign nationals at foreign service posts abroad 
(including their access to automatic data processing systems 
and networks).

SEC. 160.\48\ CONSTRUCTION SECURITY CERTIFICATION.

  (a) Certification.--Before undertaking any new construction 
or major renovation project in any foreign facility intended 
for the storage of classified materials or the conduct of 
classified activities, or approving occupancy of a similar 
facility for which construction or major renovation began 
before the effective date of this section,\49\ the Secretary of 
State, after consultation with the Director of Central 
Intelligence, shall certify to the Committee on Foreign Affairs 
\40\ of the House of Representatives and the Committee on 
Foreign Relations of the Senate that--
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 4851 note.
    \49\ Sec. 135(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 33), added 
text beginning with ``or approving occupancy''.
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          (1) appropriate and adequate steps have been taken to 
        ensure the security of the construction project 
        (including an evaluation of how all security-related 
        factors with respect to such project are being 
        addressed); \50\
---------------------------------------------------------------------------
    \50\ Sec. 128(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 30), struck out 
``and'' at the end of par. (1); added ``and'' at the end of par. (2); 
and added a new par. (3).
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          (2) the facility resulting from such project 
        incorporates--
                  (A) adequate measures for protecting 
                classified information and national security-
                related activities; and
                  (B) adequate protection for the personnel 
                working in the diplomatic facility; and \50\
          (3) \50\ a plan has been put into place for the 
        continued evaluation and maintenance of adequate 
        security at such facility, which plan shall specify the 
        physical security methods and technical countermeasures 
        necessary to ensure secure operations, including any 
        personnel requirements for such purposes.
  (b) Availability of Documentation.--All documentation with 
respect to a certification referred to in subsection (a) and 
any dissenting views thereto shall be available, in an 
appropriately classified form, to the Chairman of the Committee 
on Foreign Affairs \40\ of the House of Representatives and the 
Chairman of the Committee on Foreign Relations of the Senate.
  (c) Director of Central Intelligence.--The Director of 
Central Intelligence shall provide to the Secretary of State 
such assistance with respect to the implementation of this 
section as the Secretary of State may request.
  (d) Dissenting Views.--If the Director of Central 
Intelligence disagrees with the Secretary of State with respect 
to any project certification made pursuant to subsection (a), 
the Director shall submit in writing disagreeing views to the 
Secretary of State.

SEC. 161.\51\ * * *

SEC. 162. APPLICATION OF TRAVEL RESTRICTIONS TO PERSONNEL OF CERTAIN 
                    COUNTRIES AND ORGANIZATIONS.

    (a) \52\ * * *
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    \51\ Sec. 161 added a new subsec. (d) at sec. 205 of the State 
Department Basic Authorities Act of 1956 (Public Law 84-885; 70 Stat. 
890). It prohibited the acquisition of real property in the United 
States by certain foreign countries if it is determined that such 
acquisition would improve capabilities for hostile intelligence 
activities against the United States.
    \52\ Subsec. (a) added a new sec. 216 to the State Department Basic 
Authorities Act of 1956 (Public Law 84-885; 70 Stat. 890). It applied 
to individuals of certain countries and organizations the same 
generally applicable restrictions to travel while in the United States 
that apply to members of the missions of the Soviet Union in the United 
States.
---------------------------------------------------------------------------
    (b) Effective Date.--Subsection (a) of the section enacted 
by this section shall take effect 90 days after the date of 
enactment of this Act.

SEC. 163. COUNTERINTELLIGENCE POLYGRAPH SCREENING OF DIPLOMATIC 
                    SECURITY SERVICE PERSONNEL.

  (a) Implementation of Program.--Under the regulations issued 
pursuant to subsection (b), the Secretary of State shall 
implement a program of counterintelligence polygraph 
examinations for members of the Diplomatic Security Service 
(established pursuant to title II of the Diplomatic Security 
Act) during fiscal years 1988 and 1989.
  (b) Regulations.--The Secretary of State shall issue 
regulations to govern the program required by subsection (a). 
Such regulations shall provide that the scope of the 
examinations under such program, the conduct of such 
examinations, and the rights of individuals subject to such 
examinations shall be the same as those under the 
counterintelligence polygraph program conducted pursuant to 
section 1221 of the Department of Defense Authorization Act, 
1986 (Public Law 99-145).

SEC. 164. UNITED STATES EMBASSY IN HUNGARY.

  (a) Findings.--The Congress finds that--
          (1) the full implementation of the security program 
        of a United States diplomatic mission to a Communist 
        country cannot be accomplished if employees of that 
        mission who are citizens of the host country are 
        present in the same facilities where diplomatic and 
        consular activities of a sensitive nature are 
        performed;
          (2) the facilities currently housing the offices of 
        the United States diplomatic mission to Hungary are 
        totally inadequate for the proper conduct of United 
        States diplomatic activities, and unnecessarily expose 
        United States personnel and their activities to the 
        scrutiny of the intelligence services of the Government 
        of Hungary;
          (3) the presence of local citizens in a facility 
        where sensitive activities are performed, as well as 
        their access to certain unclassified administrative 
        information, greatly enhances the ability of the host 
        government's intelligence services to restrict our 
        diplomatic activities in that country;
          (4) since the United States Government owns a 
        substantial amount of property in Budapest, it is in a 
        unique position to build new facilities which will 
        substantially enhance the security of the United States 
        diplomatic mission to Hungary; and
          (5) units such as the Navy Construction Battalion are 
        uniquely qualified to construct such facilities in an 
        eastern bloc country.
  (b) Statement of Policy.--It is the sense of the Congress 
that--
          (1) the Department of State should proceed in a 
        timely fashion to negotiate an agreement with the 
        Government of Hungary to allow for the construction of 
        new chancery facilities in Budapest which would totally 
        segregate sensitive activities from those of an 
        unclassified and public-oriented character; and
          (2) any such agreement should ensure that the United 
        States Government will have the right to employ only 
        American construction personnel and materials and will 
        have complete control over access to the chancery site 
        from the inception of construction.

                       PART D--PERSONNEL MATTERS

SEC. 171.\53\ COMMISSION TO STUDY FOREIGN SERVICE PERSONNEL SYSTEM.

  In consultation with the Committee on Foreign Relations of 
the Senate, the Committee on Foreign Affairs \40\ and the 
Committee on Post Office and Civil Service of the House of 
Representatives, and the exclusive representatives (as defined 
in section 1002(9) of the Foreign Service Act of 1980), the 
Secretary shall appoint a commission of five distinguished 
members, at least four of whom shall have a minimum of ten 
years experience in personnel management. The Commission shall 
conduct a study of the Foreign Service personnel system, with a 
view toward developing a system that provides adequate career 
stability to the members of the Service. Not more than 1 year 
after the date of enactment of this Act, the Commission shall 
transmit its report and recommendations to the Secretary of 
State, the Chairman of the Committee on Foreign Relations of 
the Senate, the Chairman of the Committee on Foreign Affairs of 
the House of Representatives, and the Chairman of the Committee 
on Post Office and Civil Service of the House of 
Representatives.\54\
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    \53\ See also sec. 150 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 671).
    \54\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(b)(2) 
of that Act provided that most references to the House Committee on 
Post Office and Civil Service, which was abolished in the 104th 
Congress, shall be treated as referring to the Committee on Government 
Reform and Oversight.
---------------------------------------------------------------------------

SEC. 172.\55\ PROTECTION OF CIVIL SERVICE EMPLOYEES.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \55\ 22 U.S.C. 2664a.
---------------------------------------------------------------------------
          (1) the effectiveness and efficiency of the 
        Department of State is dependent not only on the 
        contribution of Foreign Service employees but equally 
        on the contribution of the 42 percent of the 
        Department's employees who are employed under the Civil 
        Service personnel system;
          (2) the contribution of these Civil Service employees 
        has been overlooked in the management of the Department 
        and greater equality of promotion, training, and career 
        enhancement opportunities should be accorded to the 
        Civil Service employees of the Department; and
          (3) a goal of the Foreign Service Act of 1980 was to 
        strengthen the contribution made by Civil Service 
        employees of the Department of State by creating a 
        cadre of experienced specialists and managers in the 
        Department to provide essential continuity.
  (b) Equitable Reduction of Budget.--The Secretary of State 
shall take all appropriate steps to assure that the burden of 
cuts in the budget for the Department is not imposed 
disproportionately or inequitably upon its Civil Service 
employees.
  (c) Establishment of the Office of the Ombudsman for Civil 
Service Employees.--There is established in the Office of the 
Secretary of State the position of Ombudsman for Civil Service 
Employees. The position of Ombudsman for Civil Service 
Employees shall be a career reserved position within the Senior 
Executive Service. The Ombudsman for Civil Service Employees 
shall report directly to the Secretary of State and shall have 
the right to participate in all Management Council meetings to 
assure that the ability of the Civil Service employees to 
contribute to the achievement of the Department's mandated 
responsibilities and the career interests of those employees 
are adequately represented. The position of Ombudsman for Civil 
Service Employees shall be designated from one of the Senior 
Executive Service positions (as defined in section 3132(a)(2) 
of title 5, United States Code) in existence on the date of 
enactment of this Act.
  (d) Definition.--For purposes of this section, the term 
``Civil Service employees'' means employees of the Federal 
Government except for members of the Foreign Service (as 
defined in section 103 of the Foreign Service Act of 1980).

SEC. 173. COMPENSATION FOR CERTAIN STATE DEPARTMENT OFFICIALS.

  (a) \56\ * * *
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    \56\ Sec. 173(a) amended secs. 35(b) and 203(a) of the State 
Department Basic Authorities Act of 1956 (Public Law 84-885).
---------------------------------------------------------------------------
  (b) Effective Date.--The amendments made by subsection (a) 
shall take effect 30 days after the date of enactment of this 
Act.
  (c) Budget Act.--Any new spending authority (as defined in 
section 401(c) of the Congressional Budget Act of 1974) 
provided by this section shall be effective for any fiscal year 
only to such extent or in such amounts as are provided in 
advance in appropriation Acts.

SEC. 174. AUDIT OF MERIT PERSONNEL SYSTEM OF FOREIGN SERVICE.

  The Comptroller General of the United States shall conduct an 
audit and inspection of the operation of the merit personnel 
system in the Foreign Service and report to the Congress, not 
later than one year after the date of enactment of this Act, as 
to any improvements in the merit personnel system that the 
Comptroller General considers necessary. The report of the 
Comptroller General shall pay particular attention to reports 
of racial, ethnic, sexual, and other discriminatory practices 
in the recruitment, appointment, assignment, and promotion of 
Foreign Service employees.

SEC. 175.\57\ PERFORMANCE PAY.

  (a) Review of Performance Pay Programs.--
---------------------------------------------------------------------------
    \57\ 22 U.S.C. 3965 note.
---------------------------------------------------------------------------
          (1) Suspension of awards during review.--During the 
        period beginning on the date of enactment of this Act, 
        and ending on the date on which the Inspector General 
        of the Department of State reports to the Congress 
        pursuant to paragraph (2), performance pay may not be 
        awarded under section 405 of the Foreign Service Act of 
        1980 (22 U.S.C. 3965) to any member of the Senior 
        Foreign Service in the Department of State.
          (2) Review by inspector general.--The Inspector 
        General of the Department of State shall conduct a 
        complete and thorough review of--
                  (A) the procedures in the Department of State 
                under which performance pay recipients are 
                chosen to determine whether the procedures and 
                award determinations are free from bias and 
                reflect fair standards; and
                  (B) the adequacy of the criteria and the 
                equity of the criteria actually applied in 
                making those awards.
        The review should be conducted in accordance with 
        generally accepted Government auditing standards. The 
        Inspector General shall report the results of this 
        review to the Secretary of State and to the Congress no 
        later than May 1, 1988.
          (3) Report by secretary of state.--No later than 60 
        days after the report of the Inspector General is 
        submitted to the Secretary of State under paragraph 
        (2), the Secretary shall submit to the Congress a 
        report containing the comments of the Secretary on the 
        report of the Inspector General and describing the 
        actions taken and proposed to be taken by the Secretary 
        as a result of the report.
          * * * * * * *

SEC. 177. CHIEF OF MISSIONS SALARY.

  (a) \58\ * * *
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    \58\ Sec. 177(a) amended sec. 401(a) of the Foreign Service Act of 
1980 (Public Law 96-465; 22 U.S.C. 3961(a)).
---------------------------------------------------------------------------
  (b) \59\ * * *
---------------------------------------------------------------------------
    \59\ Sec. 177(b) amended sec. 302(b) of the Foreign Service Act of 
1980 (Public Law 96-465; 22 U.S.C. 3942(b)).
---------------------------------------------------------------------------
  (c) Effective Date.--The amendments made by subsections (a) 
and (b) shall not apply to the salary of any individual serving 
under a Presidential appointment under section 302 of the 
Foreign Service Act of 1980 immediately before the date of the 
enactment of this Act during the period such individual 
continues to serve in such position.

SEC. 178. PAY LEVEL OF AMBASSADORS AT LARGE.

  (a) \60\ Compensation.--Chapter 53 of title 5 of the United 
States Code is amended--
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    \60\ Subsec. (a) moved the post of ``Ambassador at Large'' from a 
Level II to a Level IV on the Executive Schedule.
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          (1) in section 5313, by striking out ``Ambassadors at 
        Large.''; and
          (2) in section 5315, by adding at the end thereof the 
        following: ``Ambassadors at Large.''.
  (b) Effective Date and Limitation.--The amendments made by 
subsection (a) shall take effect 30 days after the date of 
enactment of this Act and shall not affect the salary of any 
individual holding the rank of Ambassador at Large immediately 
before the date of enactment of this Act during the period such 
individual continues to serve in such position.

SEC. 179. FOREIGN SERVICE CAREER CANDIDATES TAX TREATMENT.

  (a) \61\ * * *
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    \61\ Subsec. (a) amended sec. 301(d)(3) of the Foreign Service Act 
of 1980 (Public Law 96-465; 94 Stat. 2071). It prohibited career 
foreign service employees from representing themselves to income tax 
authorities of the District of Columbia or any other State as exempt 
from income taxation.
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  (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to tax years beginning after December 
31, 1987.

SEC. 180. PROHIBITION ON MEMBER OF A FOREIGN SERVICE UNION NEGOTIATING 
                    ON BEHALF OF THE DEPARTMENT OF STATE.

  It is the sense of Congress that the Secretary of State 
should take steps to assure that in labor-management 
negotiations between the Department of State and the exclusive 
representative of the Foreign Service employees of the 
Department, those who direct and conduct negotiations on behalf 
of management are not also beneficiaries of the agreements made 
with the exclusive representative.

SEC. 181. CLARIFICATION OF JURISDICTION OF FOREIGN SERVICE GRIEVANCE 
                    BOARD.

          * * * * * * *
    (e) Application.--The amendments made by this section shall 
not apply with respect to any grievance in which the Board has 
issued a final decision pursuant to section 1107 of the Foreign 
Service Act of 1980 (22 U.S.C. 4137) before the date of 
enactment of this Act.
          * * * * * * *

SEC. 183.\62\ WOMEN AND MINORITIES IN THE FOREIGN SERVICE.

  (a) Findings.--The Congress finds that the Department of 
State and other Foreign Service agencies have not been 
successful in their efforts--
---------------------------------------------------------------------------
    \62\ 22 U.S.C. 3922a note. See also sec. 2318 of the Foreign 
Relations Authorization Act, Fiscal Years 1998 and 1999 (subdivision B 
of division G of Public Law 105-277; 112 Stat. 2681-829), requiring 
reports on minorities and the Foreign Service officer corps.
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          (1) to recruit and retain members of minority groups 
        in order to increase significantly the number of 
        members of minority groups in the Foreign Service; and
          (2) to provide adequate career advancement for women 
        and members of minority groups in order to increase 
        significantly the numbers of women and members of 
        minority groups in the senior levels of the Foreign 
        Service.
  (b) A More Representative Foreign Service.--The Secretary of 
State and the head of each of the other agencies utilizing the 
Foreign Service personnel system--
          (1) shall substantially increase their efforts to 
        implement effectively the plans required by section 
        152(a) of the Foreign Relations Authorization Act, 
        Fiscal Years 1986 and 1987, so that the Foreign Service 
        becomes truly representative of the American people 
        throughout all levels of the Foreign Service; and
          (2) shall ensure that those plans effectively address 
        the need to promote increased numbers of qualified 
        women and members of minority groups into the senior 
        levels of the Foreign Service.
  (c) Department of State Hiring Practices of Minorities and 
Women.--The Secretary of State shall include annually as part 
of the report required to be submitted pursuant to section 
105(d)(2) of the Foreign Service Act of 1980--
          (1) a report on the progress made at the Assistant 
        Secretary and Bureau level of the Department of State 
        in increasing the presence of minorities and women at 
        all levels in the Foreign Service and Civil Service 
        workforces of the Department of State, and
          (2) the specific actions taken to address the lack of 
        Hispanic Americans, Asian Americans, and Native 
        Americans in the Senior Executive Service and Senior 
        Foreign Service of the Department of State.

SEC. 184. COMPLIANCE WITH LAW REQUIRING REPORTS TO CONGRESS.

  (a) Compliance With Prior Request.--Within 90 days after the 
date of enactment of this Act, the Secretary of State shall 
submit to the chairmen and ranking members of the Committee on 
Foreign Relations and the Committee on Governmental Affairs of 
the Senate, and the Committee on Foreign Affairs, the Committee 
on Post Office and Civil Service, and the Committee on 
Government Operations of the House of Representatives,\63\ a 
report complying with the 1984 request of the Senate Committee 
on Governmental Affairs for a listing and description of all 
policy and supporting positions in the Department of State and 
related agencies. The report shall include an unclassified 
tabulation, as of the 1984 request, of the following:
---------------------------------------------------------------------------
    \63\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(a)(6) 
of that Act provided that references to the Committee on Government 
Operations shall be treated as referring to the Committee on Government 
Reform and Oversight. Sec. 1(b)(2) of that Act provided that most 
references to the House Committee on Post Office and Civil Service, 
which was abolished in the 104th Congress, shall be treated as 
referring to the Committee on Government Reform and Oversight.
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          (1) All Foreign Service officer positions then 
        occupied by noncareer appointees.
          (2) All positions in the Senior Foreign Service 
        subject to noncareer appointment.
          (3) The name of the incumbent; location; type; level, 
        grade, or salary; tenure; and expiration (if any) of 
        each position.
  (b) Compliance With Future Requests.--Whenever the Committee 
on Governmental Affairs of the Senate or the Committee on Post 
Office and Civil Service \64\ of the House of Representatives 
requests information from the Secretary of State for inclusion 
in the publication ``U.S. Government Policy and Supporting 
Positions'', the Secretary shall provide such information in a 
timely manner.
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    \64\ Sec. 1(b)(2) of Public Law 104-14 (109 Stat. 186) provided 
that most references to the Committee on Post Office and Civil Service 
of the House of Representatives, which was abolished in the 104th 
Congress, shall be treated as referring to the Committee on Government 
Reform and Oversight of the House of Representatives.
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          * * * * * * *

SEC. 186. DISPOSITION OF PERSONAL PROPERTY ABROAD.

    (a) \65\ * * *
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    \65\ Subsec. (a) added a new title III to the State Department 
Basic Authorities Act of 1956 (Public Law 84-885; 70 Stat. 890).
---------------------------------------------------------------------------
    (b) Effective Date.--This section shall take effect 180 
days after the date of enactment of this Act.
          * * * * * * *

SEC. 188.\66\ * * *

          TITLE II--THE UNITED STATES INFORMATION AGENCY \67\

          * * * * * * *
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    \66\ Sec. 188 added new secs. 830, 831 and 832 to the Foreign 
Service Act of 1980 (Public Law 96-465; 94 Stat., 2071) concerning 
benefits for certain former spouses of members of the foreign service.
    \67\ See page 1299 for text of free-standing provisions in this 
title.
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            TITLE III--EDUCATIONAL AND CULTURAL AFFAIRS \68\

          * * * * * * *
---------------------------------------------------------------------------
    \68\ See page 1303 for text of free-standing provisions in this 
title.
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                    TITLE IV--VOICE OF AMERICA \69\

          * * * * * * *
---------------------------------------------------------------------------
    \69\ See page 1305 for text of free-standing provisions in this 
title.
---------------------------------------------------------------------------

         TITLE V--THE BOARD FOR INTERNATIONAL BROADCASTING \70\

          * * * * * * *
---------------------------------------------------------------------------
    \70\ Most of title V contained amendments to the Board for 
International Broadcasting Act of 1973. For text of free-standing 
provisions, see page 1509.
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                     TITLE VI--ASIA FOUNDATION \71\

          * * * * * * *
---------------------------------------------------------------------------
    \71\ Title VI amended sec. 404 of the Asia Foundation Act (Public 
Law 98-164).
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                 TITLE VII--INTERNATIONAL ORGANIZATIONS

                         PART A--UNITED NATIONS

SEC. 701.\72\ PROBABLE EXEMPTIONS TO THE UNITED NATIONS EMPLOYEE HIRING 
                    FREEZE.

  (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \72\ 22 U.S.C. 287e note.
---------------------------------------------------------------------------
          (1) In April 1986, the Secretary-General of the 
        United Nations adopted a freeze on the hiring of 
        personnel within the United Nations Secretariat.
          (2) The conditions of the freeze were such that, as 
        the terms of office for the personnel expired, 
        replacements would not be recruited or hired to fill 
        the vacant positions, with minor exceptions.
          (3) The freeze was designed to reduce United Nations 
        personnel by 15 percent over three years, as 
        recommended by the Group of High-Level 
        Intergovernmental Experts to Review the Efficiency of 
        the Administrative and Financial Functioning of the 
        United Nations (commonly referred to as the ``Group of 
        18 Experts'').
          (4) On May 5, 1987, the Secretary-General reported to 
        the Department of State that he was considering 
        granting 156 exceptions to the hiring freeze.
          (5) Of these 156 probable exceptions, 104 would be 
        Soviet and Soviet-bloc nationals currently employed in 
        the United Nations Secretariat--of 298 Soviet and 
        Soviet-bloc nationals currently employed in the United 
        Nations Secretariat--who would be replaced over the 
        next 18 months.
          (6) According to a report from the Select Committee 
        on Intelligence of the Senate on ``Soviet Presence in 
        the United Nations Secretariat'' (Senate Print 99-52, 
        May 1985), approximately one-fourth of the Soviets in 
        the United Nations Secretariat are intelligence 
        officers, many more are co-opted by the Soviet 
        intelligence agencies, and all Soviets in the United 
        Nations Secretariat must respond to KGB requests for 
        assistance.
          (7) Other United States intelligence authorities 
        estimate that as many as one-half of the Soviet and 
        Soviet-bloc nationals in the United Nations Secretariat 
        are officers of the KGB or the GRU.
          (8) If the Secretary-General's probable exemptions 
        are adopted, the Soviet Union will be allowed to 
        replace retiring Soviet and Soviet-bloc personnel with 
        new, highly skilled and well-trained intelligence 
        officers of the KGB or the GRU.
          (9) The Secretary-General's proposed exceptions would 
        thus provide the Soviet Union with the capability to 
        rebuild its intelligence apparatus within the United 
        States, which was devastated in recent years when the 
        United States ordered severe reductions in the size of 
        the Soviet mission to the United Nations, the Soviet 
        Embassy in Washington, District of Columbia, and the 
        Soviet Consulate in San Francisco, California.
          (10) Article 100 of the United Nations Charter calls 
        for the establishment of an international civil service 
        whose members are neutral and loyal only to the United 
        Nations.
          (11) Section 3 of Article 101 of the United Nations 
        Charter calls for the appointment of individuals who 
        are professionally qualified for the positions they are 
        to fill and maintains that due regard shall be paid to 
        the importance of recruiting the staff on as wide a 
        geographical basis as possible.
          (12) As of September 1985, 442 of 446 Soviet 
        nationals employed throughout the United Nations system 
        are ``seconded'', that is, serve on short, fixed-term 
        contracts.
          (13) Through the abuse of short, fixed-term 
        contracts, the Soviet Union has maintained undue 
        influence and control over major offices of the United 
        Nations Secretariat, thereby effectively using the 
        United Nations Secretariat in the conduct of its 
        foreign relations, in clear violation of Articles 100 
        and 101 of the United Nations Charter.
          (14) The Secretary-General's proposed exceptions to 
        the hiring freeze (as described in paragraphs (1) 
        through (5)) would continue the gross violations of 
        Articles 100 and 101 of the United Nations Charter 
        described in paragraph (13).
          (15) The Secretary-General's proposed exceptions to 
        such hiring freeze would be clearly inconsistent with 
        the terms of the United Nation's self-imposed reform 
        program.
          (16) The United Nations has not yet achieved its 
        reform goals and there is no indication that the United 
        Nations can afford to make such large exceptions to 
        such hiring freeze.
  (b) \73\ Sense of the Congress.--It is the sense of the 
Congress that--
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    \73\ Sec. 163 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 676), struck out 
subsec. (b), and redesignated subsecs. (c) and (d) as (b) and (c), 
respectively. Subsec. (b) had required the Secretary of State to report 
annually to the Congress on the status of secondment within the United 
Nations by the Soviet Union and Soviet-bloc member-nations.
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          (1) the President should take all such actions 
        necessary to ensure compliance with the hiring freeze 
        rule, including withholding all assessed United States 
        contributions to the United Nations, and denying United 
        States entry visas to Soviet and Soviet-bloc applicants 
        coming to the United States to replace Soviet and 
        Soviet-bloc nationals currently serving in the United 
        Nations Secretariat;
          (2) the President, through the Department of State 
        and the United States mission to the United Nations, 
        should express to the Secretary-General of the United 
        Nations the insistence of the American people that the 
        hiring freeze continue indefinitely, or until the 
        United Nations has complied with the Group of 18 
        recommendations and can thus afford to make exceptions 
        to the freeze;
          (3) the Secretary-General should revoke all 
        exceptions to the hiring freeze rule, excepting those 
        member-nations which have 15 or fewer nationals serving 
        in the United Nations Secretariat, or those positions 
        not subject to geographical representation, such as 
        those of the general service category;
          (4) the long-term, flagrant violations of Articles 
        100 and 101 of the United Nations Charter and the abuse 
        of secondment by the Soviet Union and Soviet-bloc 
        member-nations are reprehensible;
          (5) the United Nations should adopt the 
        recommendations of the Group of 18 (as referred to in 
        subsection (a)(3)) that no member-nation be allowed to 
        have more than 50 percent of its nationals employed 
        under fixed-term contracts;
          (6) the Soviet Union is hereby condemned for--
                  (A) its refusal to adhere to the principles 
                of the United Nations Charter calling for an 
                international civil service,
                  (B) its abuse of secondment, and
                  (C) its absolute disregard of the solemn 
                purpose of the United Nations to be an 
                international civil service; and
          (7) if the Soviet Union and the Soviet-bloc intend to 
        remain member-nations of the United Nations, they 
        should adhere to Articles 100, 101, and all other 
        principles of the United Nations Charter to which every 
        other member-nation must adhere.
  (c) \73\ Definition.--For the purposes of this section, the 
term ``Soviet-bloc'' means the countries of Bulgaria, Cuba, 
Czechoslovakia, East Germany, Hungary, Nicaragua, North Korea, 
Poland, and Romania.

SEC. 702. REFORM IN THE BUDGET DECISION-MAKING PROCEDURES OF THE UNITED 
                    NATIONS AND ITS SPECIALIZED AGENCIES.

  (a) Findings.--The Congress finds that the consensus based 
decision-making procedure established by General Assembly 
Resolution 41/213 is a significant step toward complying with 
the intent of section 143 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 287e 
note, 99 Stat. 405), as in effect before the date of enactment 
of this Act.\74\
---------------------------------------------------------------------------
    \74\ Sec. 143 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987, was repealed in 1991 by sec. 162(e) of Public Law 
102-138 (105 Stat. 676).
---------------------------------------------------------------------------
    (b) * * *
  (c) * * *
  (d) Termination Date.--This section shall terminate on 
September 30, 1989.

SEC. 703. HOUSING ALLOWANCES OF INTERNATIONAL CIVIL SERVANTS.

  (a) United States Policy.--It is the policy of the United 
States to seek the implementation by the United Nations of the 
recommendation by the International Civil Service Commission to 
deduct from the pay (commonly referred to as a ``rental 
deduction'') of an international civil servant the amount of 
any housing allowance or payment which is provided by any 
member state to that international civil servant, in accordance 
with Article 100 of the Charter of the United Nations and 
regulations thereunder.
  (b) United States Ambassador to the United Nations.--The 
United States Ambassador to the United Nations shall seek to 
promote the adoption of the recommendation described in 
subsection (a).

SEC. 704.\75\ * * *
---------------------------------------------------------------------------

    \75\ Sec. 704 amended sec. 115(b) of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1017). It suspended United States participation in any organ of 
the United Nations, with the exception of the United Nations Security 
Council or the Safeguards Program of the International Atomic Energy 
Agency, that illegally expels, suspends or denies credentials to 
Israel.
---------------------------------------------------------------------------

SEC. 705.\76\ * * *
---------------------------------------------------------------------------

    \76\ Sec. 705 amended sec. 114(a) of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1017). It limited the United States assessed contribution to the 
United Nations to the amount assessed less 25 percent of the amount 
budgeted for the Special Committee to Investigate Israeli Practices 
Affecting the Human Rights of the Population of the Occupied 
Territories.
---------------------------------------------------------------------------

SEC. 706. PUBLIC ACCESS TO UNITED NATIONS WAR CRIMES COMMISSION FILES.

  (a) Findings.--The Congress finds that--
          (1) with the passing of time, it is important to 
        document fully Nazi war crimes and crimes against 
        humanity, lest the enormity of those crimes be 
        forgotten; and
          (2) the files of the United Nations War Crimes 
        Commission deposited in the archives of the United 
        Nations contain information valuable to our knowledge 
        of the genocidal actions of the Nazis.
  (b) Policy.--It is the sense of the Congress that United 
States policy should be to support access by interested 
individuals and organizations to the files of the United 
Nations War Crimes Commission deposited in the archives of the 
United Nations.
          * * * * * * *

SEC. 708.\77\ PROTECTION OF TYRE BY THE UNITED NATIONS INTERIM FORCE IN 
                    LEBANON.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \77\ Sec. 139(19) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398), 
repealed subsec. (c) of this section, which had required that the 
Secretary of State report to the chairpersons of the Committees on 
Foreign Affair and Foreign Relations on progress in implementing this 
section.
---------------------------------------------------------------------------
          (1) the archaeological site of the ancient city of 
        Tyre is an important part of the heritage of the people 
        of Lebanon and of people everywhere;
          (2) war and civil strife threaten the survival of the 
        archaeological site at Tyre;
          (3) the purchase of artifacts from Tyre, including 
        purchases allegedly made by troops of the United 
        Nations Interim Force in Lebanon (UNIFIL), is 
        encouraging illegal excavation and looting of the Tyre 
        site; and
          (4) the United Nations Interim Force in Lebanon 
        (UNIFIL) could best protect the archaeological site of 
        Tyre so as to preserve this treasure for future 
        generations.
  (b) Extension of Mandate of UNIFIL.--The Secretary of State 
should request the Secretary General of the United Nations and 
the Security Council to extend the mandate of the United 
Nations Interim Force in Lebanon (UNIFIL) to include protection 
of the archaeological site of the ancient city of Tyre. The 
Secretary of State is directed to seek an order prohibiting the 
purchase of any artifact from Tyre by any person associated 
with the United Nations.

PART B--UNITED STATES COMMISSION ON IMPROVING THE EFFECTIVENESS OF THE 
                             UNITED NATIONS

SEC. 721.\78\ ESTABLISHMENT OF COMMISSION.

  The United States Commission on Improving the Effectiveness 
of the United Nations (hereafter in this part referred to as 
the ``Commission'') is hereby established.
---------------------------------------------------------------------------
    \78\ 22 U.S.C. 287 note.
---------------------------------------------------------------------------

SEC. 722.\78\ PURPOSES OF THE COMMISSION.

  (a) Purposes.--The purposes of the Commission shall be to--
          (1) examine the United Nations system as a whole and 
        identify and evaluate its strengths and weaknesses; and
          (2) prepare and submit to the President and to the 
        Congress recommendations on ways to improve the 
        effectiveness of the United Nations system and the role 
        of the United States in the United Nations system, 
        including the feasibility of and means for implementing 
        such recommendations.
  (b) Consultation Regarding Other United Nations Reform 
Efforts.--In carrying out this section, the Commission shall 
make every effort to consult, where appropriate, with other 
public and private institutions and organizations engaged in 
efforts to reform the United Nations system, including efforts 
being made directly under the auspices of the United Nations.

SEC. 723.\78\ MEMBERSHIP OF THE COMMISSION.

  (a) Members.--
          (1) Number and appointment.--The Commission shall be 
        composed of 16 members, appointed as follows:
                  (A) Two Members of the Senate, one appointed 
                by the President pro tempore of the Senate and 
                one appointed by the Minority Leader of the 
                Senate.
                  (B) Two Members of the House of 
                Representatives, one appointed by the Speaker 
                of the House and one appointed by the Minority 
                Leader of the House.
                  (C) Eight individuals from the private 
                sector, two appointed by the President pro 
                tempore of the Senate, two appointed by the 
                Minority Leader of the Senate, two appointed by 
                the Speaker of the House, and two appointed by 
                the Minority Leader of the House.
                  (D) Four individuals appointed by the 
                President, not more than two of whom may be 
                from the same political party.
          (2) Criterion for appointments.--Individuals 
        appointed pursuant to subparagraphs (C) and (D) of 
        paragraph (1) shall be representative, to the maximum 
        extent possible, of the full range of American society.
          (3) Appointments to be made promptly.--All 
        appointments pursuant to paragraph (1) shall be made 
        not later than 60 days after the effective date of this 
        part.
          (4) Vacancies.--Any vacancy in the membership of the 
        Commission shall be filled in the same manner as the 
        original appointment was made.
  (b) Advisors.--Former United States Permanent Representatives 
to the United Nations who are not appointed to the Commission 
shall be invited by the Commission to serve as advisors to the 
Commission.
  (c) Compensation and Travel Expenses.--
          (1) Compensation in general.--Except as provided in 
        paragraph (2), each member of the Commission may be 
        compensated at not to exceed the daily equivalent of 
        the annual rate of basic pay in effect for grade GS-18 
        of the General Schedule under section 5332 of title 5, 
        United States Code, for each day during which that 
        member is engaged in the actual performance of the 
        duties of the Commission.
          (2) Government personnel.--Members of the Commission 
        who are full-time officers or employees of the United 
        States or Members of Congress shall receive no 
        additional pay on account of their service on the 
        Commission.
          (3) Travel expenses.--While away from their homes or 
        regular places of business in the performance of 
        services for the Commission, members of the Commission, 
        and Advisors serving pursuant to subsection (b), shall 
        be allowed travel expenses, including per diem in lieu 
        of subsistence, in the same manner as persons employed 
        intermittently in the Government service are allowed 
        expenses under section 5703(b) of title 5, United 
        States Code.
  (d) Chairman and Vice Chairman.--The Chairman and Vice 
Chairman shall be elected by the Commission from among members 
of the Commission.
  (e) Quorum.--Nine members of the Commission shall constitute 
a quorum for purposes of transacting business, except that four 
members shall constitute a quorum for holding public hearings.

SEC. 724.\78\ POWERS OF THE COMMISSION.

  (a) In General.--For the purpose of carrying out this part, 
the Commission may hold such hearings (subject to the 
requirements of subsection (b)) and sit and act at such times 
and places, take such testimony, and receive such evidence as 
the Commission considers necessary to fulfill the purposes 
specified in section 722.
  (b) Meetings.--
          (1) Minimum number of public hearings.--The 
        Commission shall hold a minimum of five public 
        hearings.
          (2) Open meetings.--Section 552b of title 5 of the 
        United States Code shall apply with respect to the 
        Commission.
          (3) Calling meetings.--The Commission shall meet at 
        the call of the Chairman or a majority of its members.
  (c) Delegation of Authority.--When so authorized by the 
majority of the Commission, any member or agent of the 
Commission may take any action which the Commission is 
authorized to take by this section.
  (d) Information From Federal Agencies.--The Commission may 
secure directly from any Federal agency information necessary 
to enable it to carry out this part. Upon request of the 
Chairman of the Commission, the head of any such Federal agency 
shall furnish such information to the Commission, to the extent 
authorized by law; except that the head of any Federal agency 
to which a request for information is provided pursuant to this 
subsection may deny access to such information, or make access 
subject to such terms and conditions as the head of that agency 
may prescribe, on the basis that the information in question is 
classified and the Commission does not have adequate procedures 
to safeguard the information in question, or that the 
Commission does not have a need to know the classified 
information. In addition, a Federal agency may not provide the 
Commission with information that could disclose intelligence 
sources or methods without first securing the approval of the 
Director of Central Intelligence. The head of any such Federal 
agency may provide information on a reimbursable basis.

SEC. 725.\78\ STAFF.

  (a) Staff Members and Consultants.--Subject to such rules as 
may be adopted by the Commission, the Chairman of the 
Commission, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service 
and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classifications and General Schedule pay rates, may--
          (1) appoint a Director who shall be paid at a rate 
        not to exceed the rate of basic pay in effect for Level 
        V of the Executive Schedule under section 5316 of title 
        5, United States Code;
          (2) appoint and fix the compensation of such other 
        staff personnel as the Chairman considers necessary; 
        and
          (3) procure temporary and intermittent services to 
        the same extent as is authorized by section 3109(b) of 
        title 5, United States Code.
  (b) Detailing of Government Personnel.--Upon request of the 
Commission, the head of any Federal agency may detail, on a 
reimbursable basis, any of the personnel of that agency to the 
Commission to assist it in carrying out this part.

SEC. 726.\78\ REPORT.

  The Commission shall transmit to the President and to the 
Congress a report containing a detailed statement of the 
findings, conclusions, and recommendations of the Commission, 
including minority views. This report shall be transmitted not 
later than 18 months after the date on which all members of the 
Commission have been appointed.

SEC. 727.\78\ FUNDING FOR THE COMMISSION.

  (a) Commission To Be Privately Funded.--The Commission may 
accept and use contributions from private United States sources 
to carry out this part. No Federal funds may be made available 
to the Commission for use in carrying out this part.
  (b) Limitation on Size of Contributions.--The Commission may 
not accept contributions from any single source which have a 
value of more than \79\ the greater of--
---------------------------------------------------------------------------
    \79\ Sec. 409 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 68), inserted ``the 
greater of'' after ``than''.
---------------------------------------------------------------------------
          (1) $100,000, or
          (2) 20 percent of the total of all contributions 
        accepted by the Commission.
  (c) Commission Approval of Certain Contributions.--The 
Commission may accept contributions having a value of $1,000 or 
more from a single source only if more than two-thirds of the 
members of the Commission have approved the acceptance of those 
contributions.
  (d) Disclosure of Contributions.--
          (1) Periodic reports to congress.--Every 30 days, the 
        Commission shall submit to the chairman of the 
        Committee on Foreign Affairs \80\ of the House of 
        Representatives, and to the chairman of the Committee 
        on Foreign Relations of the Senate, a list of the 
        source and amount of each contribution accepted by the 
        Commission during the preceding 30 days.
---------------------------------------------------------------------------
    \80\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) Final report.--The source and amount of each 
        contribution accepted by the Commission shall be listed 
        in the report submitted pursuant to section 726.
  (e) Limitation on Obligations and Expenditures.--
Notwithstanding subsection (a), the limitations on expenditures 
and obligations in section 1341 of title 31, United States 
Code, shall apply to the Commission.

SEC. 728.\78\ GENERAL ACCOUNTING OFFICE AUDITS OF THE COMMISSION.

  The provisions of subchapter II of chapter 7 of title 31 of 
the United States Code (relating to the general duties and 
powers of the General Accounting Office) shall apply with 
respect to the programs and activities of the Commission, 
including the receipt, disbursement, and use of funds 
contributed to the Commission, to the same extent as those 
provisions apply with respect to other agencies of the United 
States Government.

SEC. 729.\78\ TERMINATION OF THE COMMISSION.

  The Commission shall cease to exist 60 days after submitting 
its report pursuant to section 726.

SEC. 730.\78\ EFFECTIVE DATE.

  This part shall take effect on March 1, 1989.

               PART C--OTHER INTERNATIONAL ORGANIZATIONS

          * * * * * * *

SEC. 742. CONTRIBUTION TO THE REGULAR BUDGET OF THE INTERNATIONAL RED 
                    CROSS AND SENSE OF CONGRESS CONCERNING RECOGNITION 
                    OF RED SHIELD OF DAVID.

  (a) United States Contribution.--Pursuant to the provisions 
of section 109 of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987, the Secretary of State shall make 
an annual contribution to the regular budget of the 
International Committee of the Red Cross of an amount which is 
not less than 10 percent of its regular budget.\81\ Such 
contribution may be made from the funds authorized to be 
appropriated by section 104 for ``Migration and Refugee 
Assistance''.
---------------------------------------------------------------------------
    \81\ Sec. 410 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 68), provided the 
following:
    ``Notwithstanding section 742 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204), for 
each of the fiscal years 1990 and 1991, the Secretary of State shall 
not be required to make an annual contribution to the regular budget of 
the International Committee of the red Cross of an amount which is 
greater than 10 percent of the 1989 regular budget of the International 
Committee of the Red Cross.''.
---------------------------------------------------------------------------
  (b) Limitation on Contributions.--Notwithstanding subsection 
(a), for fiscal year 1988, the United States contribution to 
the regular budget of the International Committee of the Red 
Cross shall not exceed nor be less than the amount contributed 
by the United States to the regular budget of the International 
Committee of the Red Cross in fiscal year 1987.
  (c) Recognition of the Red Shield of David.--It is the sense 
of the Congress that a diplomatic conference of governments 
should grant identical status of recognition to the Red Shield 
of David (Magen David Adom) as that granted to the Red Cross 
and the Red Crescent and that the Red Shield of David Society 
of Israel should be accepted as a full member of the League of 
Red Cross Societies and the quadrennial International 
Conferences of the Red Cross.

SEC. 743.\82\ * * *

          * * * * * * *
---------------------------------------------------------------------------
    \82\ Sec. 743 amended the International Organizations Immunities 
Act (Public Law 79-291; 59 Stat. 669) to recognize the International 
Committee of the Red Cross as an international organization.
---------------------------------------------------------------------------

SEC. 745.\83\ * * * [Repealed--1994]
---------------------------------------------------------------------------

    \83\ Sec. 745, authorizing continued membership in the 
Intergovernmental Committee for European Migration, was repealed by 
sec. 430(b) of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 108 Stat. 459).
---------------------------------------------------------------------------

SEC. 746. RECOGNITION OF CARICOM.

  It is the sense of the Congress that the Secretary of State 
should consider recognizing the Caribbean Community and Common 
Market (CARICOM) as a regional planning organization in the 
Caribbean.

SEC. 747. ASIAN-PACIFIC REGIONAL HUMAN RIGHTS CONVENTION.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to the 
Congress which--
          (1) examines the nature and extent of human rights 
        problems in the Asian-Pacific region; and
          (2) assesses the willingness of the countries in the 
        region to negotiate a regional human rights convention 
        similar to the American Convention on Human Rights, the 
        Conference on Security and Cooperation in Europe, and 
        the African Charter on Peoples' and Human Rights.

            TITLE VIII--INTERNATIONAL NARCOTICS CONTROL \84\

SEC. 801. ASSIGNMENT OF DRUG ENFORCEMENT ADMINISTRATION AGENTS ABROAD.

  If the Secretary of State, in exercising his authority to 
establish overseas staffing levels for Federal agencies with 
activities abroad, authorizes the assignment of any Drug 
Enforcement Administration agent to a particular United States 
mission abroad, the Secretary shall authorize the assignment of 
at least two such agents to that mission.
---------------------------------------------------------------------------
    \84\ 22 U.S.C. 2656 note. For other legislation on international 
narcotics control, see Legislation on Foreign Relations Through 2001, 
vol. I-B.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 803. REQUIREMENT THAT EXTRADITION OF DRUG TRAFFICKERS BE A 
                    PRIORITY ISSUE OF UNITED STATES MISSIONS IN MAJOR 
                    ILLICIT DRUG PRODUCING OR TRANSIT COUNTRIES.

  The Secretary of State shall ensure that the Country Plan for 
the United States diplomatic mission in each major illicit drug 
producing country and in each major drug-transit country (as 
those terms are defined in section 481(e) \85\ of the Foreign 
Assistance Act of 1961) includes, as an objective to be pursued 
by the mission--
---------------------------------------------------------------------------
    \85\ Formerly read ``481(i)''. Sec. 6(a) of the International 
Narcotics Act of 1992 (Public Law 102-583; 106 Stat. 4932) provided 
that any reference in any provision of law enacted before November 2, 
1992, to section 481(i) shall be deemed to be a reference to section 
481(e). The text has been so amended.
---------------------------------------------------------------------------
          (1) negotiating an updated extradition treaty which 
        ensures that drug traffickers can be extradited to the 
        United States, or
          (2) if an existing treaty provides for such 
        extradition, taking such steps as may be necessary to 
        ensure that the treaty is effectively implemented.

SEC. 804. INFORMATION-SHARING SYSTEM SO THAT VISAS ARE DENIED TO DRUG 
                    TRAFFICKERS.

  Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall submit to the Congress a 
report on the status of the comprehensive information system on 
drug arrests of foreign nationals which was required to be 
established by section 132 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987.
          * * * * * * *

SEC. 806. SANCTIONS ON DRUG PRODUCING AND DRUG-TRANSIT COUNTRIES.

          * * * * * * *
  (c) Aliens Excludable From Admission to the United States.--
Section 212(a)(23) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(23)) is amended to read as follows:
          ``(23) Any alien who--
                  ``(A) has been convicted of a violation of, 
                or a conspiracy to violate, any law or 
                regulation of a State, the United States, or a 
                foreign country relating to a controlled 
                substance (as defined in section 102 of the 
                Controlled Substances Act (21 U.S.C. 802)); or
                  ``(B) the consular officers or immigration 
                officers know or have reason to believe is or 
                has been an illicit trafficker in any such 
                controlled substance or is or has been a 
                knowing assistor, abettor, conspirator, or 
                colluder with others in the illicit trafficking 
                in any such controlled substance;''.

              TITLE IX--IMMIGRATION AND REFUGEE PROVISIONS

SEC. 901.\86\ PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON 
                    CERTAIN GROUNDS. * * * [Repealed--1990]
---------------------------------------------------------------------------

    \86\ Sec. 603(a)(21) of the Immigration Act of 1990 (Public Law 
101-649; 104 Stat. 5084) repealed sec. 901, which had prohibited 
exclusion or deportation of aliens on grounds of beliefs, statements or 
associations, if such beliefs, statements, or associations would be 
protected under the Constitution of the United States if engaged in by 
a U.S. citizen. Subsec. (d) of sec. 901 had been repealed by sec. 
128(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 
and 1991 (Public Law 101-246; 104 Stat. 30).
---------------------------------------------------------------------------

SEC. 902.\87\ ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN NATIONALS 
                    OF COUNTRIES FOR WHICH EXTENDED VOLUNTARY DEPARTURE 
                    HAS BEEN MADE AVAILABLE.

  (a) Adjustment of Status.--The status of any alien who is a 
national of a foreign country the nationals of which were 
provided (or allowed to continue in) ``extended voluntary 
departure'' by the Attorney General on the basis of a 
nationality group determination at any time during the 5-year 
period ending on November 1, 1987, shall be adjusted by the 
Attorney General to that of an alien lawfully admitted for 
temporary residence if the alien--
---------------------------------------------------------------------------
    \87\ 8 U.S.C. 1255a note.
---------------------------------------------------------------------------
          (1) applies for such adjustment within two years 
        after the date of the enactment of this Act;
          (2) establishes that (A) the alien entered the United 
        States before July 21, 1984, and (B) has resided 
        continuously in the United States since such date and 
        through the date of the enactment of this Act;
          (3) establishes continuous physical presence in the 
        United States (other than brief, casual, and innocent 
        absences) since the date of the enactment of this Act;
          (4) in the case of an alien who entered the United 
        States as a nonimmigrant before July 21, 1984, 
        establishes that (A) the alien's period of authorized 
        stay as a nonimmigrant expired not later than six 
        months after such date through the passage of time or 
        (B) the alien applied for asylum before July 21, 1984; 
        and
          (5) meets the requirements of section 245A(a)(4) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1255a(a)(4)).
The Attorney General shall provide for the acceptance and 
processing of applications under this subsection by not later 
than 90 days after the date of the enactment of this Act.
  (b) Status and Adjustment of Status.--The provisions of 
subsections (b), (c)(6), (d), (f), (g), (h), and (i) of section 
245A of the Immigration and Nationality Act (8 U.S.C. 1255a) 
shall apply to aliens provided temporary residence under 
subsection (a) in the same manner as they apply to aliens 
provided lawful temporary residence status under section 
245A(a) of such Act.

SEC. 903.\88\ PROCESSING OF CUBAN NATIONALS FOR ADMISSION TO THE UNITED 
                    STATES.

  (a) Processing of Certain Cuban Political Prisoners as 
Refugees.--In light of the announcement of the Government of 
Cuba on November 20, 1987, that it would reimplement 
immediately the agreement of December 14, 1984, establishing 
normal migration procedures between the United States and Cuba, 
on and after the date of the enactment of this Act, consular 
officers of the Department of State and appropriate officers of 
the Immigration and Naturalization Service shall, in accordance 
with the procedures applicable to such cases in other 
countries, process any application for admission to the United 
States as a refugee from any Cuban national who was imprisoned 
for political reasons by the Government of Cuba on or after 
January 1, 1959, without regard to the duration of such 
imprisonment, except as may be necessary to reassure the 
orderly process of available applicants.
---------------------------------------------------------------------------
    \88\ 8 U.S.C. 1201 note.
---------------------------------------------------------------------------
  (b) Processing of Immigrant Visa Applications of Cuban 
Nationals in Third Countries.--Notwithstanding section 212(f) 
and section 243(d) \89\ of the Immigration and Nationality Act, 
on and after the date of the enactment of this Act, consular 
officers of the Department of State shall process immigrant 
visa applications by nationals of Cuba located in third 
countries on the same basis as immigrant visa applications by 
nationals of other countries.
---------------------------------------------------------------------------
    \89\ Sec. 308(g)(7)(C)(iii) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
110 Stat. 3009) struck out ``243(g)'' and inserted in lieu thereof 
``243(d)''.
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  (c) Definitions.--For purposes of this section:
          (1) The term ``process'' means the acceptance and 
        review of applications and the preparation of necessary 
        documents and the making of appropriate determinations 
        with respect to such applications.
          (2) The term ``refugee'' has the meaning given such 
        term in section 101(a)(42) of the Immigration and 
        Nationality Act.

SEC. 904.\90\ INDOCHINESE REFUGEE RESETTLEMENT.

  (a) Findings.--It is the sense of the Congress that--
---------------------------------------------------------------------------
    \90\ Legislation nearly identical to sec. 904 was enacted as secs. 
801 to 803 of the Indochinese Refugee Resettlement and Protection Act 
of 1987 (sec. 101(a), title VIII, Continuing Appropriations Act for 
1988; Public Law 100-202).
---------------------------------------------------------------------------
          (1) the continued occupation of Cambodia by Vietnam 
        and the oppressive conditions within Vietnam, Cambodia, 
        and Laos have led to a steady flight of persons from 
        those countries, and the likelihood for the safe 
        repatriation of the hundreds of thousands of refugees 
        in the region's camps is negligible for the foreseeable 
        future;
          (2) the United States has already played a major role 
        in responding to the Indochinese refugee problem by 
        accepting approximately 850,000 Indochinese refugees 
        into the United States since 1975 and has a continued 
        interest in persons who have fled and continue to flee 
        the countries of Cambodia, Laos, and Vietnam;
          (3) Hong Kong, Indonesia, Malaysia, Singapore, the 
        Philippines, and Thailand have been the front line 
        countries bearing tremendous burdens caused by the 
        flight of these persons;
          (4) all members of the international community bear a 
        share of the responsibility for the deterioration in 
        the refugee first asylum situation in Southeast Asia 
        because of slow and limited procedures, failure to 
        implement effective policies for the region's ``long-
        stayer'' populations, failure to monitor adequately 
        refugee protection and screening programs, particularly 
        along the Thai-Cambodian and Thai-Laotian borders, and 
        the instability of the Orderly Departure Program (ODP) 
        from Vietnam which has served as the only safe, legal 
        means of departure from Vietnam for refugees, including 
        Amerasians and long-held ``reeducation camp'' 
        prisoners;
          (5) the Government of Thailand should be complemented 
        for allowing the United States to process ration card 
        holders in Khao I Dang and potentially qualified 
        immigrants in Site 2 and in Khao I Dang;
          (6) given the serious protection problem in Southeast 
        Asian first asylum countries and the need to preserve 
        first asylum in the region, the United States should 
        continue its commitment to an ongoing, generous 
        admission and protection program for Indochinese 
        refugees, including urgently needed educational 
        programs for refugees along the Thai-Cambodian and 
        Thai-Laotian borders, until the underlying causes of 
        refugee flight are addressed and resolved;
          (7) the executive branch should seek adequate funding 
        levels to meet United States policy objectives to 
        ensure the well-being of Indochinese refugees in first 
        asylum, and to process 29,500 Indochinese refugees 
        within the overall refugee admissions level of 68,000 
        as determined by the President; and
          (8) the Government of Thailand should be complimented 
        for the progress that has been made in implementing an 
        effective antipiracy program.
  (b) Recommendations.--The Congress finds and recommends the 
following with respect to Indochinese refugees:
          (1) The Secretary of State should urge the Government 
        of Thailand to allow full access by highland refugees 
        to the Lao Screening Program, regardless of the method 
        of their arrival or the circumstances of their 
        apprehension, and should intensify its efforts to 
        persuade the Government of Laos to accept the safe 
        return of persons rejected under the Lao Screening 
        Program.
          (2) Refugee protection and monitoring activities 
        should be expanded along the Thai-Laotian border in an 
        effort to identify and report on incidents of refugees 
        forcibly repatriated into Laos.
          (3) The Secretary of State should urge the Government 
        of Thailand to address immediately the problems of 
        protection associated with the Khmer along the Thai-
        Cambodian border. The Government of Thailand, along 
        with appropriate international relief agencies, should 
        develop and implement a plan to provide for greater 
        security and protection for the Khmer at the Thai 
        border.
          (4) The international community should increase its 
        efforts to assure that Indochinese refugee camps are 
        protected, that refugees have access to a free market 
        at Site 2, and that international observers and relief 
        personnel are present on a 24-hour-a-day basis at Site 
        2 and any other camp where it is deemed necessary.
          (5) The Secretary of State should make every effort 
        to identify each person at Site 2 who may qualify for 
        admission to the United States as an immigrant and for 
        humanitarian parole.
          (6) The United Nations High Commissioner for Refugees 
        should be pressed to upgrade staff presence and the 
        level of advocacy to revive the international 
        commitment with regard to the problems facing 
        Indochinese refugees in the region, and to pursue 
        voluntary repatriation possibilities in cases where 
        monitoring is available and the safety of the refugees 
        is assured.
  (c) Allocations of Refugee Admissions.--Given the existing 
connection between ongoing resettlement and the preservation of 
first asylum, the United States and the United Nations High 
Commissioner for Refugees should redouble efforts to assure a 
stable and secure environment for refugees while dialog is 
pursued on other long-range solutions, it is the sense of the 
Congress that--
          (1) within the worldwide refugee admissions ceiling 
        determined by the President, the President should 
        continue to recommend generous numbers of admissions 
        from East Asia first asylum camps and from the Orderly 
        Departure Program sufficient to sustain preservation of 
        first asylum and security for Indochinese in Southeast 
        Asia, consistent with worldwide refugee admissions 
        requirements and the consultative processes of the 
        Refugee Act of 1980;
          (2) within the allocation made by the President for 
        the Orderly Departure Program from Vietnam, the number 
        of admissions allocated for Amerasians and their 
        immediate family members should also be generous;
          (3) renewed international efforts must be taken to 
        address the problem of Indochinese refugees who have 
        lived in camps for 3 years or longer; and
          (4) the Secretary of State should urge the United 
        Nations High Commissioner for Refugees to organize 
        immediately an international conference to address the 
        problems of Indochinese refugees.
  (d) Reporting.--The President shall submit a report to 
Congress within 180 days after the date of the enactment of 
this Act on the respective roles of the Immigration and 
Naturalization Service and the Department of State in the 
refugee program with recommendations for improving the 
effectiveness and efficiency of the program.

SEC. 905.\91\ AMERASIAN CHILDREN IN VIETNAM.

  (a) Findings and Declarations.--The Congress makes the 
following findings and declarations:
---------------------------------------------------------------------------
    \91\ Subsec. (a), paragraphs (1) through (5), were also enacted as 
sec. 804 of the Indochinese Refugee Resettlement and Protection Act of 
1987 (sec. 101(a), title VIII, of the Continuing Appropriations for 
1988; Public Law 100-202).
---------------------------------------------------------------------------
          (1) Thousands of children in the Socialist Republic 
        of Vietnam were fathered by American civilians and 
        military personnel.
          (2) It has been reported that many of these Amerasian 
        children are ineligible for ration cards and often beg 
        in the streets, peddle black market wares, or 
        prostitute themselves.
          (3) The mothers of Amerasian children in Vietnam are 
        not eligible for government jobs or employment in 
        government enterprises and many are estranged from 
        their families and are destitute.
          (4) Amerasian children and their families have 
        undisputed ties to the United States and are of 
        particular humanitarian concern to the United States.
          (5) The United States has a longstanding and very 
        strong commitment to receive the Amerasian children in 
        Vietnam, if they desire to come to the United States.
          (6) In September 1984, the United States informed the 
        Socialist Republic of Vietnam that all Amerasian 
        children in Vietnam, their mothers, and qualifying 
        family members would be admitted as refugees to the 
        United States during a three-year period.
          (7) Amerasian emigration from Vietnam increased 
        significantly in fiscal year 1985 under the Orderly 
        Departure Program of the United Nations High 
        Commissioner on Refugees.
          (8) On January 1, 1986, the Socialist Republic of 
        Vietnam unilaterally suspended interviews of all 
        individuals seeking to leave Vietnam legally under the 
        auspices of the Orderly Departure Program for 
        resettlement in the United States.
          (9) On the 19th and 20th of October 1987, the 
        Socialist Republic of Vietnam permitted the United 
        States to resume interviewing Amerasians and their 
        families.
  (b) Sense of the Congress.--It is the sense of the Congress 
that--
          (1) the United States should maintain its strong 
        commitment to receive the Amerasian children in the 
        Socialist Republic of Vietnam and their families;
          (2) the Socialist Republic of Vietnam should 
        cooperate fully in facilitating the processing of all 
        Amerasians who desire to be resettled in the United 
        States; and
          (3) the Socialist Republic of Vietnam should 
        cooperate fully in the processing of Amerasians for 
        emigration.

SEC. 906. REFUGEES FROM SOUTHEAST ASIA.

  (a) Findings.--The Congress finds that--
          (1) the United States remains firmly committed to the 
        security of Thailand and to improving relations between 
        our two nations;
          (2) the United States refugee resettlement and 
        humanitarian assistance programs constitute an 
        important factor in bilateral relations between the 
        United States and Thailand;
          (3) the preservation of first asylum for those 
        fleeing persecution is one of the primary objectives of 
        the United States refugee program;
          (4) the actions of another government in labeling 
        refugee populations as ``displaced persons'' or closing 
        its borders to new arrivals shall not constitute a 
        barrier to the United States considering those 
        individuals or groups to be refugees;
          (5) it is in the national interest to facilitate the 
        reunification of separated families of United States 
        citizens and permanent residents, and the Congress will 
        look with disfavor on any nation which seriously 
        hinders emigration for such reunifications;
          (6) the persecution of the Cambodian people under the 
        Khmer Rouge rule from 1975-1979, which caused the 
        deaths of up to two million people and in which the 
        bulk of the Khmer people were subjected to life in an 
        Asian Auschwitz, constituted one of the clearest 
        examples of genocide in recent history; and
          (7) the invasion of Cambodia by Vietnam and the 
        subsequent occupation of that country by 140,000 
        Vietnamese troops backing up the Heng Samrin regime, 
        which itself continues to seriously violate the human 
        rights of Cambodians, and the presence of 40,000 
        heavily armed troops under the control of the same 
        Khmer Rouge leaders, overwhelmingly demonstrate that 
        the life or freedom of any Cambodian not allied with 
        the Khmer Rouge or supporting Heng Samrin would be 
        seriously endangered if such individual were forced by 
        a country of first asylum to return to his or her 
        homeland.
  (b) Statement of Policy.--It is the sense of the Congress 
that--
          (1) any Cambodians who are, or had been, at Khao I 
        Dang camp should be considered and interviewed for 
        eligibility for the United States refugee program, 
        irrespective of the date they entered Thailand or that 
        refugee camp;
          (2) any Cambodian rejected for admission to the 
        United States who can demonstrate new or additional 
        evidence relating to his claim should have his or her 
        case reviewed;
          (3) the United States should work with the United 
        Nations High Commissioner for Refugees, the 
        International Committee of the Red Cross, and the 
        Government of Thailand to improve the security of all 
        refugee facilities in Thailand and to prevent the 
        forced repatriation of Cambodian refugees;
          (4) the United States should treat with utmost 
        seriousness the continued reports of forced 
        repatriations to Laos of would-be asylum seekers, and 
        should lodge strong and continuous protests with the 
        Thai Government to bring about an end to these 
        repatriations, which endanger the life and safety of 
        those involuntarily returned to Laos; and
          (5) within the Orderly Departure Program the United 
        States will give high priority consideration to 
        determining the eligibility of serious health cases and 
        cases involving children separated from both parents.

SEC. 907. RELEASE OF YANG WEI.

  (a) Findings.--The Congress makes the following findings:
          (1) Yang Wei, a Chinese national, studied at the 
        University of Arizona from 1983 until he received his 
        masters of science degree in microbiology in 1986.
          (2) In May 1986 Yang Wei returned to China to marry 
        Dr. Che Shaoli and arrange for funding for his 
        continued studies under a PhD program at the University 
        of Arizona.
          (3) On January 11, 1987, while still an official 
        student at the University of Arizona, Yang Wei was 
        arrested by the Shanghai Public Security Bureau.
          (4) Yang Wei has been held without charge or trial 
        since January 11, 1987.
          (5) Mr. Yang's wife, a student at Baylor Medical 
        College in Houston, Texas, has been refused any 
        information about her husband's whereabouts or 
        condition by Chinese authorities.
          (6) Mr. Yang's father, Yang Jue, and his mother Bi 
        Shuyun, have been denied all contact with their son.
          (7) The Chinese Criminal Procedure law of 1979, 
        sections 92, 97, 125, and 142 provides for a maximum of 
        four and a half months of detention without charge or 
        trial and Yang Wei has now been held over six months, 
        contrary to Chinese law.
          (8) Yang Wei has not committed any crime under United 
        States or Chinese law.
          (9) Yang Wei and his wife only aspire to freedom and 
        democracy.
          (10) The treatment of Mr. Yang and his family is 
        frightening to all Chinese students now studying in the 
        West and meant to be so by Chinese authorities.
          (11) Recently more than two thousand Chinese students 
        signed an open letter to express their concern about 
        recent political developments in their country.
  (b) Policy.--It is the sense of Congress that--
          (1) the People's Republic of China should immediately 
        release Yang Wei; and
          (2) the United States should consider sympathetically 
        applications for asylum from Chinese students studying 
        in the United States who can, on a case-by-case basis, 
        demonstrate a well-founded fear of persecution.

                TITLE X--ANTI-TERRORISM ACT OF 1987 \92\

          * * * * * * *
---------------------------------------------------------------------------
    \92\ The text of title X, cited as the ``Anti-Terrorism Act of 
1987'', may be found at page 986.
---------------------------------------------------------------------------

                TITLE XI--GLOBAL CLIMATE PROTECTION \93\

          * * * * * * *
---------------------------------------------------------------------------
    \93\ The text of title XI, cited as the ``Global Climate Protection 
Act of 1987'', may be found in Legislation on Foreign Relations Through 
2001, vol. IV, sec. L.
---------------------------------------------------------------------------

             TITLE XII--REGIONAL FOREIGN RELATIONS MATTERS

                PART A--SOVIET UNION AND EASTERN EUROPE

SEC. 1201.\94\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \94\ Sec. 901 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2330) struck out sec. 1201, relating to Soviet ballistic missile tests 
near Hawaii.
---------------------------------------------------------------------------

SEC. 1202.\95\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \95\ Sec. 1202, expressing the sense of the Congress regarding 
emigration of Jews and others who wish to emigrate from the Soviet 
Union, was repealed by sec. 903(b) of the FRIENDSHIP Act (Public Law 
103-199; 107 Stat. 2330).
---------------------------------------------------------------------------

SEC. 1203.\96\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \96\ Sec. 1203, expressing the sense of the Congress regarding the 
systematic nondelivery of international mail addressed to certain 
persons residing within the Soviet Union, was repealed by sec. 902 of 
the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2330).
---------------------------------------------------------------------------

SEC. 1204.\97\ STATE SPONSORED HARASSMENT OF RELIGIOUS GROUPS.
---------------------------------------------------------------------------

    \97\ Sec. 903(a)(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2330) restated the section heading. It formerly read: ``UNITED 
STATES POLICY AGAINST PERSECUTION OF CHRISTIANS IN EASTERN EUROPE AND 
THE SOVIET UNION.''.
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  It is the sense of the Congress that--
          (1) the President should continue to express to the 
        government of any country that engages in the 
        harassment of religious groups \98\ the deep concern 
        and opposition of the United States with respect to 
        such activities; \99\
---------------------------------------------------------------------------
    \98\ Sec. 903(a)(2)(A) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2330) struck out ``governments of the Union of Soviet 
Socialist Republics and Eastern European countries'' and inserted in 
lieu thereof ``government of any country that engages in the harassment 
of religious groups''.
    \99\ Sec. 903(a)(2)(B) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2330) struck out ``to the harassment of Christians and other 
religious believers'' and inserted in lieu thereof ``to such 
activities''.
---------------------------------------------------------------------------
          (2) the governments of all \100\ countries should 
        comply with their commitments under the United Nations 
        Universal Declaration of Human Rights, the 
        International Covenants on Human Rights, the Final Act 
        of the Conference on Security and Cooperation in 
        Europe, and the Madrid Concluding Document; and \101\
---------------------------------------------------------------------------
    \100\ Sec. 903(a)(3) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2330) struck out ``the Union of Soviet Socialist Republics and 
Eastern European'' and inserted in lieu thereof ``all''.
    \101\ Sec. 903(a)(4) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2330) struck out para. (3) following this point, which had 
provided:
    ``(3) the governments of the Union of Soviet Socialist Republics 
and Eastern European countries should immediately cease persecuting 
individuals on the basis of their faith and should afford Christians 
and other believers their internationally recognized right to freedom 
of religion.''.
---------------------------------------------------------------------------

SEC. 1205. OBSERVANCE BY THE GOVERNMENT OF ROMANIA OF THE HUMAN RIGHTS 
                    OF HUNGARIANS IN TRANSYLVANIA.

  The Congress deplores activities of the Government of the 
Socialist Republic of Romania restricting the internationally 
recognized human rights of Hungarians and other nationalities 
in Transylvania and elsewhere in Romania.

SEC. 1206. SELF-DETERMINATION OF THE PEOPLE FROM THE BALTIC STATES OF 
                    ESTONIA, LATVIA, AND LITHUANIA.

  It is the sense of the Congress that--
          (1) the continuing desire and right of the people of 
        the Baltic States of Estonia, Latvia, and Lithuania for 
        freedom and independence \102\ should be recognized; 
        and
---------------------------------------------------------------------------
    \102\ Sec. 704 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2328) struck out ``from the Soviet Union'' after ``independence''.
---------------------------------------------------------------------------
          (2) the President should--
                  (A) direct world attention to the right of 
                self-determination of the people of the Baltic 
                States by issuing on July 26, 1988, a statement 
                that officially informs all member nations of 
                the United Nations of the support of the United 
                States for self-determination of all peoples 
                and nonrecognition of the forced incorporation 
                of the Baltic States into the Soviet Union;
                  (B) call attention to violations of 
                internationally recognized human rights in the 
                Baltic States; and
                  (C) promote compliance with the human rights 
                and humanitarian provisions of the Helsinki 
                Final Act of the Conference on Security and 
                Cooperation in Europe in the Baltic States.

SEC. 1207. ASSISTANCE IN SUPPORT OF DEMOCRACY IN POLAND.

  (a) Support for Solidarity.--It is the sense of the Congress 
that--
          (1) Solidarity deserves special praise and 
        recognition as the only free and independent trade 
        union in Poland;
          (2) Solidarity reflects the Polish people's desire 
        for free and democratic institutions and activities; 
        and
          (3) Solidarity is one of the leading democratic 
        representatives of the Polish working people.
  (b) Assistance in Support of Democracy in Poland.--
Notwithstanding any other provision of law, of the amounts 
authorized to be appropriated to carry out chapter 4 of part II 
of the Foreign Assistance Act of 1961 (relating to the economic 
support fund) for fiscal year 1988, not less than $1,000,000 
shall be available only for the unconditional support of 
democratic institutions and activities in Poland.

                     PART B--LATIN AMERICA AND CUBA

SEC. 1211. CUBAN HUMAN RIGHTS VIOLATIONS AND THE FAILURE OF THE UNITED 
                    NATIONS TO PLACE CUBA ON ITS HUMAN RIGHTS AGENDA.

  (a) Findings.--The Congress finds that--
          (1) the Universal Declaration of Human Rights, which 
        was adopted and proclaimed by the General Assembly of 
        the United Nations, states in paragraph 2 of Article 13 
        that ``Everyone has the right to leave any country, 
        including his own, and to return to his country'';
          (2) the Universal Declaration of Human Rights states 
        in Article 19 that ``Everyone has the right to freedom 
        of opinion and expression; this right includes freedom 
        to hold opinions without interference and to seek, 
        receive, and impart information and ideas through any 
        media regardless of frontiers'';
          (3) the Government of Cuba has violated the Cuban 
        people's internationally recognized human rights, 
        including freedom of movement, emigration, opinion, and 
        expression;
          (4) Cuban human rights violations are a major 
        obstacle to improved United States-Cuban relations; and
          (5) the United Nations Human Rights Commission has 
        acted selectively in addressing human rights violations 
        in various countries and has failed to place Cuba on 
        its agenda despite overwhelming evidence of the 
        continuing disregard and systematic abuse of 
        internationally recognized human rights by the 
        Government of Cuba.
  (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) the Government of Cuba should respect 
        internationally recognized human rights, including 
        freedom of movement, emigration, opinion, and 
        expression; and
          (2) the United States delegation to the United 
        Nations should continue its commendable efforts to 
        bring this issue before the attention of the United 
        Nations and to place Cuban human rights abuses on the 
        agenda of the United Nations Human Rights Commission.
  (c) Distribution of Text to U.N. Members.--The Secretary of 
State shall cause the text of this section to be circulated by 
the United States among the members of the United Nations in 
order to highlight Cuba's behavior in violation of the 
Universal Declaration of Human Rights.

SEC. 1212. PARTIAL LIFTING OF THE TRADE EMBARGO AGAINST NICARAGUA.

  It is the sense of Congress that the President should exempt 
from the trade embargo against Nicaragua those items which 
would benefit Nicaragua's independent print and broadcast 
media, private sector and trade union groups, nongovernmental 
service organizations, and the democratic civic opposition.

SEC. 1213. TERRORIST BOMBING IN HONDURAS.

  (a) Findings.--The Congress finds that--
          (1) a terrorist bomb exploded on August 8, 1987, in 
        the China Palace restaurant in Comayagua, Honduras;
          (2) the bomb was directed at American soldiers and 
        did in fact wound American soldiers and an American 
        contractor;
          (3) the United States military personnel were in 
        Honduras assigned to Joint Task Force Bravo;
          (4) Honduran authorities have named Alfonso Guerrero 
        Ulloa as a suspect in this act of terrorism and have a 
        warrant for his arrest;
          (5) the Government of Mexico, contrary to accepted 
        norms of international law on harboring terrorists, has 
        granted asylum to Mr. Guerrero; and
          (6) the United States Government has protested to the 
        Government of Mexico.
  (b) Statement of Policy.--It is the sense of the Congress 
that--
          (1) the United States Congress deplores the harboring 
        of international terrorists, and
          (2) the United States Government should call upon the 
        Government of Mexico to turn Mr. Guerrero over to the 
        Government of Honduras.

SEC. 1214. HUMAN RIGHTS IN PARAGUAY.

  (a) Findings.--The Congress finds that--
          (1) the Government of Paraguay systematically has 
        violated the internationally recognized human rights of 
        its citizens;
          (2) various provisions of Paraguayan law provide for 
        the detention of individuals without trial for an 
        indefinite period of time;
          (3) the police authorities in Paraguay arbitrarily 
        arrest and detain individuals; and
          (4) the police authorities have tortured and abused 
        prisoners, resulting in the death of a number of 
        detainees.
  (b) Sense of Congress.--The Congress expresses its outrage at 
the human rights abuses specified in subsection (a), pledges to 
continually speak out against all governments which commit such 
abuses, and urges the Government of Paraguay to respect the 
internationally recognized human rights of its citizens.

                             PART C--AFRICA

SEC. 1221. HUMAN RIGHTS IN ETHIOPIA.

  (a) Findings.--The Congress finds that--
          (1) the Government of Ethiopia has systematically 
        violated the internationally recognized human rights of 
        its citizens;
          (2) the Government of Ethiopia holds large numbers of 
        political prisoners and regularly detains without trial 
        many other political opponents of the government;
          (3) the Government of Ethiopia engages in torture and 
        ill-treatment of political prisoners;
          (4) reliable reports indicate that many political 
        opponents of the Government of Ethiopia ``disappear'' 
        and that approximately sixty political prisoners were 
        executed in October 1985 without benefit of trial; and
          (5) over one million Ethiopians have fled the 
        country.
  (b) Sense of Congress.--The Congress expresses its outrage at 
the human rights abuses specified in subsection (a), pledges to 
continually speak out against all governments which commit such 
abuses, and urges the Government of Ethiopia to respect the 
internationally recognized human rights of its citizens.

SEC. 1222.\103\ UNITED STATES POLICY ON ANGOLA.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \103\ Sec. 103(c) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2320), relating to statutory provisions applicable to the Soviet 
Union, provided the following:
    ``(c) Findings and Affirmation.--The Congress finds and affirms 
that provisions such as those described in this section, including--* * 
*
---------------------------------------------------------------------------

          ``(3) section 1222 of the Foreign Relations Authorization 
        Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 
        1411), * * *
``should not be construed as being directed against Russia, Ukraine, or 
the other independent states of the former Soviet Union, connoting an 
adversarial relationship between the United States and the independent 
states, or signifying or implying in any manner unfriendliness toward 
the independent states.''.
---------------------------------------------------------------------------
    For complete list of related statutes, see sec. 103 of the 
FRIENDSHIP Act, in Legislation on Foreign Relations Through 2001, vol. 
I-B.
---------------------------------------------------------------------------
          (1) it is in the interest of peace and economic 
        development in southern Africa for the President and 
        the Secretary of State to discuss the conflict in 
        Angola with Soviet leaders;
          (2) the President has stated that the resolution of 
        regional conflicts such as Angola, Afghanistan, and 
        Nicaragua is critical to improvements in Soviet-
        American relations;
          (3) the proposed summit between President Reagan and 
        Secretary General Gorbachev provides the United States 
        with an opportunity to encourage complete Soviet-Cuban 
        withdrawal from Angola, the possible provision of 
        humanitarian assistance, and the holding of free and 
        fair elections;
          (4) the Marxist regime in Angola known as the Popular 
        Movement for Liberation of Angola (hereafter in this 
        section referred to as the ``MPLA'') is currently 
        launching a major dry-season offensive against the 
        opposition involving thousands of Cuban troops and 
        billions of dollars in sophisticated Soviet weaponry;
          (5) the people of Angola are starving because of the 
        hardships resulting from 12 years of civil war and 
        inefficient Marxist economic policies;
          (6) the MPLA regime has turned to the international 
        community for substantial food aid while continuing to 
        spend most of Angola's national budget on sustaining 
        the war effort, including payments for Cuban troops and 
        Soviet arms; and
          (7) the growing intensity of the war, the starvation 
        and mounting suffering of the Angolan people, the 
        continued presence in Angola of 37,000 Cuban combat 
        troops and South African forces, the continued presence 
        and active involvement of 2,500 Soviet military 
        advisers, and the refusal of the MPLA to negotiate with 
        the opposition, increase the urgency of reaching a 
        peaceful solution.
  (b) Policy.--It is the sense of the Congress that--
          (1) the United States should continue to work toward 
        a peaceful resolution to the Angolan conflict that 
        includes--
                  (A) the complete withdrawal of all foreign 
                forces and Soviet military advisers;
                  (B) a negotiated settlement to the 12-year 
                conflict leading to the formation of a 
                government of national unity and the holding of 
                free and fair elections; and
                  (C) efforts by the President and the 
                Secretary of State to convey to Soviet leaders 
                at the proposed summit and in other meetings 
                that the aggressive military build-up in Angola 
                undermines positive bilateral relations and 
                that the United States is committed to 
                supporting democratic forces in Angola until 
                democracy is achieved;
          (2) the people of Angola should not be left to starve 
        because of the MPLA regime;
          (3) the United States should consider responding to 
        the humanitarian needs of the Angolan people, and if 
        humanitarian assistance is provided, such assistance 
        should be distributed in an evenhanded manner, so that 
        Angolans throughout the entire war-torn country are 
        provided with food and basic medical care;
          (4) any humanitarian assistance should be distributed 
        through private and voluntary organizations or 
        nongovernmental organizations; and
          (5) within 180 days after the date of the enactment 
        of this Act, the Secretary of State should prepare and 
        transmit to the Congress a report detailing the 
        progress of discussions between the Soviet Union and 
        the United States on the conflict in Angola.

SEC. 1223.\104\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \104\ Sec. 1223 had required a report to Congress from the 
Secretary of State on forced detention by the African National Congress 
and the South African Government since the South African Government 
enacted a State of Emergency in June 1986. It was repealed by sec. 
4(b)(3) of Public Law 103-149 (107 Stat. 1505).
---------------------------------------------------------------------------

SEC. 1224.\105\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \105\ Sec. 1224, relating to detention of children in South Africa, 
was repealed by sec. 4(b)(3) of Public Law 103-149 (107 Stat. 1505).
---------------------------------------------------------------------------

                          PART D--MIDDLE EAST

SEC. 1231. MIDDLE EAST PEACE CONFERENCE.

  (a) Findings.--The Congress finds that--
          (1) the General Assembly of the United Nations 
        recognized the sovereignty of the State of Israel 
        through Resolution 181 of 1947 and the right of all 
        Israeli citizens to live within secure and recognized 
        boundaries through Resolutions 242 and 338 of 1973;
          (2) the Government of the Soviet Union severed 
        diplomatic relations with the State of Israel in 1967 
        and has opposed every recent United States initiative 
        for direct, bilateral negotiations among the warring 
        parties of the Middle East including the Camp David 
        accords of 1979 and the Reagan plan of 1982;
          (3) the Government of the Soviet Union has further 
        demonstrated its lack of respect for the integrity of 
        the Israeli state by systematically denying exit visas 
        to Soviet Jews who wish to live and work in the State 
        of Israel; and
          (4) a permanent and equitable settlement of the 
        Middle Eastern conflict can result only from agreements 
        between the Arab States and Israel.
  (b) Policy.--It is the sense of the Congress that the United 
States should not actively encourage the participation of the 
Soviet Union in any conference, meeting, or summit on the Arab-
Israeli conflict which includes nations other than those in the 
Middle East unless the Government of the Soviet Union has 
either--
          (1)(A) reestablished diplomatic relations with the 
        State of Israel at the ambassadorial level;
          (B) publicly reaffirmed its acceptance of United 
        Nations Resolutions 242 and 338; and
          (C) substantially increased and maintained the number 
        of exit visas granted to Jewish individuals and 
        families within the Soviet Union who have applied for 
        emigration to the State of Israel; or
          (2) been jointly invited by the governments of the 
        states in the region involved in the talks.

SEC. 1232. UNITED STATES POLICY TOWARD LEBANON.

  (a) Findings.--The Congress makes the following findings:
          (1) After nearly 13 years of civil conflict and 
        foreign intervention, the situation in Lebanon appears 
        no closer to resolution.
          (2) Through most of the last dozen years, the 
        Lebanese have managed to continue economic activity 
        sufficient to stave off economic collapse and provide 
        its citizens with basic necessities.
          (3) During the past year, however, the collapse in 
        the value of the Lebanese pound from less than 40 to 
        the dollar to nearly 300 has made the importation of 
        wheat, rice, and other basic commodities prohibitively 
        expensive.
          (4) As a result, for the first time, the Lebanese are 
        faced with the prospect of starvation.
          (5) Hizballah and other radical elements are taking 
        advantage of the current economic crisis by providing 
        foreign supplied food. In so doing, they are winning 
        converts to their cause and radicalizing the youth.
          (6) It is in the interest of the United States to 
        support the traditional Lebanese free enterprise system 
        of distribution of food which until now has been able 
        to compete successfully with these radical movements.
  (b) Sense of Congress.--It is the sense of the Congress that 
the United States should base its policy toward Lebanon on the 
following principles:
          (1) Preservation of the unity of Lebanon.
          (2) Withdrawal of all foreign forces from Lebanon.
          (3) Recognition of and respect for the territorial 
        integrity of Lebanon.
          (4) Reassertion of Lebanese sovereignty throughout 
        the nation and recognition that it is the 
        responsibility of the Government of Lebanon for its 
        safekeeping.
          (5) Reestablishment of the authority of the 
        Government of Lebanon throughout the nation is a 
        prerequisite for a lasting solution to the problem of 
        international terrorism emanating from Lebanon.
  (c) Further Sense of Congress.--It is the further sense of 
Congress that the provision of at least 200,000 tons of wheat 
and 30,000 tons of rice through Public Law 480, title I and 
section 416 of the Agriculture Act of 1949 to the Government of 
Lebanon is in the interest of the United States. Provision of 
this assistance will meet the United States policy objective of 
strengthening the Central Government as well as helping 
alleviate a serious hunger problem.

SEC. 1233. ACTING IN ACCORDANCE WITH INTERNATIONAL LAW IN THE PERSIAN 
                    GULF.

  (a) Findings.--The Congress makes the following findings:
          (1) According to Article 2 of the 1958 Geneva 
        Convention on the High Seas, every state is entitled to 
        exercise free and open use of the high seas for the 
        navigation of its vessels.
          (2) On September 22, 1987, United States Navy forces 
        discovered the Iranian ship Iran Ajr laying mines in 
        international waters of the Persian Gulf, and fired 
        upon that ship to help terminate the mining.
          (3) On September 23, 1987, President Reagan declared 
        that this United States action was ``authorized by 
        law'', and a statement was issued by the State 
        Department that the United States had the right under 
        international law to use ``reasonable and proportionate 
        force'' to terminate the mining.
  (b) Policy.--It is the sense of the Congress that--
          (1) by mining the high seas of the Persian Gulf 
        without notifying nonbelligerent nations engaged in 
        maritime commerce, the Government of Iran violated 
        international law;
          (2) the use of force by the United States Navy to 
        terminate that Iranian mining was justified under 
        international law; and
          (3) fostering broader adherence to international law 
        promotes the security interests of the United States.

SEC. 1234. UNITED STATES POLICY TOWARD THE IRAN-IRAQ WAR.

  (a) Findings.--The Congress finds that--
          (1) the continuation of the Iran-Iraq war threatens 
        the security and stability of all states in the Persian 
        Gulf;
          (2) stability in the Persian Gulf and the flow of oil 
        is critical to world trade and the economic health of 
        the West;
          (3) the conflict between Iran and Iraq threatens 
        United States strategic and political interests in the 
        region;
          (4) the conflict threatens international commercial 
        shipping interests and activities; and
          (5) the Iran-Iraq war has continued seven years with 
        more than 1,500,000 casualties.
  (b) Policy.--The Congress declares it to be the policy of the 
United States consistent with United Nations Security Council 
Resolution 598--
          (1) to support the withdrawal of both Iran and Iraq 
        to internationally recognized boundaries;
          (2) to support an immediate cease-fire;
          (3) to endorse the peaceful resolution of this 
        conflict under the auspices of the United Nations;
          (4) to encourage all governments to refrain from 
        providing military supplies to any party which refuses 
        to abide by United Nations Security Council Resolution 
        598;
          (5) to recognize that stability and security in the 
        Persian Gulf will only be achieved if Iran and Iraq are 
        at peace and agree not to interfere in the affairs of 
        other nations through military action or the support of 
        terrorism; and
          (6) to urge strict observance of international 
        humanitarian law by both sides and to support 
        financially the International Committee of the Red 
        Cross' special appeal for prisoners of war.

SEC. 1235. IRAN HUMAN RIGHTS VIOLATIONS.

  (a) Findings.--The Congress finds that--
          (1) the United Nations has passed nine resolutions 
        condemning the violation of human rights in Iran;
          (2) the United Nations Subcommission on Prevention of 
        Discrimination and Protection of Minorities stressed in 
        Resolution 1987-12 that to date, more than two-hundred 
        thousand Iranians have been imprisoned, tortured or 
        executed because of their beliefs;
          (3) the United Nations Commission on Human Rights 
        confirms seven thousand executions in Iran between 1978 
        and 1985, and attests that the actual number is 
        probably much higher;
          (4) despite the persistent requests over the past six 
        years by the United Nations and by many human rights 
        organizations that the Iranian Government allow a 
        special representative of the United Nations Security 
        Council to inspect Iranian prisons and to determine the 
        true extent of torture in Iran, such requests have been 
        ignored by the Iranian Government;
          (5) executions, including executions of children and 
        members of religious minorities, still take place in 
        Iran;
          (6) the Khomeini government has brought the domestic 
        economy of Iran to the brink of ruin by pouring the 
        resources of the country into war making;
          (7) Iran has rejected all proposals to end the seven 
        year Iran-Iraq war;
          (8) Iran has not responded positively to United 
        Nations Security Council Resolution 598 which calls for 
        an end to the Iran-Iraq war;
          (9) the Khomeini government continues to attack and 
        intimidate the other countries of the Persian Gulf 
        region; and
          (10) it is known that the Khomeini government 
        supports terrorism and has used hostage taking as an 
        instrument of foreign policy.
  (b) Policy.--Now, therefore, the Congress--
          (1) expresses concern for those citizens who must 
        endure war and unprecedented repression;
          (2) supports an official United States policy of 
        completely halting the shipment of any kind of armament 
        to the Government of Iran; and
          (3) urges that the President continue to make every 
        effort to cooperate with the other nations of the 
        United Nations to bring about an end to government 
        sponsored torture in Iranian prisons, to pressure Iran 
        to permit inspection of Iranian prisons by an 
        international delegation, and to respect 
        internationally recognized human rights.

SEC. 1236. IRANIAN PERSECUTION OF THE BAHA'IS.

  (a) Policy.--It is the sense of the Congress that--
          (1) the Government of Iran has systematically 
        discriminated against the Baha'i community, including 
        the arbitrary detention, torture, and killing of 
        Baha'is, the seizure of Baha'i property, and the 
        outlawing of the Baha'i faith; and
          (2) Iran's gross violations of the human rights of 
        the Baha'i community are in direct contravention of the 
        Charter of the United Nations and the United Nations 
        Declaration of Human Rights.
  (b) Implementation of Policy.--It is the sense of Congress 
that the President shall take all necessary steps to focus 
international attention on the plight of the Baha'i community 
and to bring pressure to bear on the Government of Iran to 
cease its insidious policy of persecution.

                              PART E--ASIA

SEC. 1241.\106\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \106\ Sec. 1241, relating to Soviet occupation of Afghanistan, was 
repealed by sec. 702(a) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2328).
---------------------------------------------------------------------------

SEC. 1242. REPORT ON ADMINISTRATION POLICY ON AFGHANISTAN.

  (a) Findings.--The Congress finds that--
          (1) each of the substantive sanctions imposed on the 
        Soviet Union by the United States to protest the Soviet 
        invasion of Afghanistan have been lifted;
          (2) although the administration's policy on 
        Afghanistan states that only ``steadily increasing 
        pressure on all fronts--military, political, 
        diplomatic--will induce the Soviets to make the 
        political decision to negotiate the withdrawal of their 
        forces'', political and diplomatic pressures on the 
        Soviet Union have decreased rather than increased;
          (3) in the absence of a coordinated and aggressive 
        policy by the administration regarding the war in 
        Afghanistan, the Congress has been forced to 
        unilaterally implement numerous programs to bring 
        ``steadily increasing pressure'' to bear on the Soviet 
        Union; and
          (4) despite the failure of Soviet troops to withdraw 
        from Afghanistan, and the serious deterioration with 
        regard to the situation of human rights in Afghanistan, 
        the administration is planning to lift further 
        sanctions and initiate increasing areas of cooperation 
        with the Soviet Union.
  (b) Report to Congress.--(1) Not later than 60 days after the 
date of the enactment of this Act, the Secretary of State shall 
provide the chairman of the Senate Foreign Relations Committee 
and the chairman of the House Foreign Affairs Committee with a 
report listing each sanction imposed against the Soviet Union 
by the United States since the first anniversary of the Soviet 
invasion of Afghanistan, a detailed explanation for the lifting 
of each sanction, and a detailed analysis of the benefit to the 
Soviet Union incurred by the lifting of each sanction.
  (2) Not later than 60 days after the date of the enactment of 
this Act, the Secretary of State shall provide the chairman of 
the Senate Foreign Relations Committee and the chairman of the 
House Foreign Affairs Committee a comprehensive list of all 
areas of ongoing cooperation that could be withheld from the 
Soviet Union.
  (3) Not later than 60 days after the date of the enactment of 
this Act, the Secretary of State shall provide the chairman of 
the Senate Foreign Relations Committee and the chairman of the 
House Foreign Affairs Committee with a detailed and 
comprehensive report in a suitably classified form, and in an 
unclassified form, containing the disposition of Soviet 
military forces in the Afghanistan region and an account of any 
troop withdrawals and any new troop deployments.

SEC. 1243. HUMAN RIGHTS VIOLATIONS IN TIBET BY THE PEOPLE'S REPUBLIC OF 
                    CHINA.

  (a) Findings.--The Congress finds that--
          (1) on October 1, 1987, Chinese police in Lhasa fired 
        upon several thousand unarmed Tibetan demonstrators, 
        which included hundreds of women, children, and Tibetan 
        Buddhist monks, killing at least six and wounding many 
        others;
          (2) on September 27, 1987, a peaceful demonstration 
        in Lhasa calling for Tibetan independence and the 
        restoration of human rights in Tibet, which was led by 
        hundreds of Tibetan monks, was violently broken up by 
        Chinese authorities and 27 Tibetan Buddhist monks were 
        arrested;
          (3) in the wake of His Holiness the Dalai Lama's five 
        point peace plan, which was presented to Members of the 
        United States Congress during his visit to Washington 
        in September 1987, Chinese authorities in Tibet staged, 
        on September 24, 1987, a mass political rally at which 
        three Tibetans were given death sentences, two of whom 
        were executed immediately;
          (4) beginning October 7, 1950, the Chinese Communist 
        army invaded and occupied Tibet;
          (5) since that time, the Chinese Government has 
        exercised dominion over the Tibetan people, who had 
        always considered themselves as independent, through 
        the presence of a large occupation force;
          (6) over 1,000,000 Tibetans perished from 1959 to 
        1979 as a direct result of the political instability, 
        executions, imprisonment, and widescale famine 
        engendered by the policies of the People's Republic of 
        China in Tibet;
          (7) after 1950, particularly during the ravages of 
        China's Cultural Revolution, over 6,000 monasteries, 
        the repositories of 1,300 years of Tibet's ancient 
        civilization, were destroyed and their irreplaceable 
        national legacy of art and literature either destroyed, 
        stolen, or removed from Tibet;
          (8) the exploitation of Tibet's vast mineral, forest, 
        and animal reserves has occurred with limited benefit 
        to the Tibetan people;
          (9) Tibet's economy and education, health, and human 
        services remain far below those of the People's 
        Republic of China as a whole;
          (10) the People's Republic of China has encouraged a 
        large influx of Han-Chinese into Tibet, thereby 
        undermining the political and cultural traditions of 
        the Tibetan people;
          (11) there are credible reports of many Tibetans 
        being incarcerated in labor camps and prisons and 
        killed for the nonviolent expression of their religious 
        and political beliefs;
          (12) His Holiness the Dalai Lama, spiritual and 
        temporal leader of the Tibetan people, in conjunction 
        with the 100,000 refugees forced into exile with him, 
        has worked tirelessly for almost 30 years to secure 
        peace and religious freedom in Tibet, as well as the 
        preservation of the Tibetan culture;
          (13) in 1959, 1961, and 1965, the United Nations 
        General Assembly called upon the People's Republic of 
        China to end the violations of Tibetans' human rights;
          (14) on July 24, 1985, 91 Members of the Congress 
        signed a letter to President Li Xiannian of the 
        People's Republic of China expressing support for 
        direct talks between Beijing and representatives of His 
        Holiness the Dalai Lama and the Tibetans in exile, and 
        urging the Government of the People's Republic of China 
        ``to grant the very reasonable and justified 
        aspirations of His Holiness the Dalai Lama and his 
        people every consideration'';
          (15) on September 27, 1987, the chairman and ranking 
        minority member of the Senate Foreign Relations 
        Committee, the chairman and ranking minority member of 
        the House Foreign Affairs Committee, and the Co-
        Chairman of the Congressional Human Rights Caucus 
        signed a letter to his Excellency Zhao Ziyang, the 
        Prime Minister of the People's Republic of China, 
        expressing their ``grave concern with the present 
        situation in Tibet and welcome(d) His Holiness the 
        Dalai Lama's (five point) proposal as an historic step 
        toward resolving the important question of Tibet and 
        alleviating the suffering of the Tibetan people . . . 
        (and) express(ing) their full support for his 
        proposal.''; and
          (16) there has been no positive response by the 
        Government of the People's Republic of China to either 
        of these communications.
  (b) Statement of Policies.--It is the sense of the Congress 
that--
          (1) the United States should express sympathy for 
        those Tibetans who have suffered and died as a result 
        of fighting, persecution, or famine over the past four 
        decades;
          (2) the United States should make the treatment of 
        the Tibetan people an important factor in its conduct 
        of relations with the People's Republic of China;
          (3) the Government of the People's Republic of China 
        should respect internationally recognized human rights 
        and end human rights violations against Tibetans;
          (4) the United States should urge the Government of 
        the People's Republic of China to actively reciprocate 
        the Dalai Lama's efforts to establish a constructive 
        dialogue on the future of Tibet;
          (5) Tibetan culture and religion should be preserved 
        and the Dalai Lama should be commended for his efforts 
        in this regard;
          (6) the United States, through the Secretary of 
        State, should address and call attention to the rights 
        of the Tibetan people, as well as other non-Han-Chinese 
        within the People's Republic of China such as the 
        Uighurs of Eastern Turkestan (Xinjiang), and the 
        Mongolians of Inner Mongolia;
          (7) the President should instruct United States 
        officials, including the United States Ambassadors to 
        the People's Republic of China and India, to pay 
        greater attention to the concerns of the Tibetan people 
        and to work closely with all concerned about human 
        rights violations in Tibet in order to find areas in 
        which the United States Government and people can be 
        helpful; and
          (8) the United States should urge the People's 
        Republic of China to release all political prisoners in 
        Tibet.
  (c) Transfer of Defense Articles.--With respect to any sale, 
licensed export, or other transfer of any defense articles or 
defense services to the People's Republic of China, the United 
States Government shall, consistent with United States law, 
take into account the extent to which the Government of the 
People's Republic of China is acting in good faith and in a 
timely manner to resolve human rights issues in Tibet.
  (d) Migration and Refugee Assistance.--Within 60 days after 
the date of the enactment of this Act, the Secretary of State 
shall determine whether the needs of displaced Tibetans are 
similar to those of displaced persons and refugees in other 
parts of the world and shall report that determination to the 
Congress. If the Secretary makes a positive determination, of 
the amounts authorized to be appropriated for the Department of 
State for ``Migration and Refugee Assistance'' for each of the 
fiscal years 1988 and 1989, such sums as are necessary shall be 
made available for assistance for displaced Tibetans. The 
Secretary of State shall determine the best means for providing 
such assistance.
  (e) Scholarships.--For each of the fiscal years 1988 and 
1989, the Director of the United States Information Agency 
shall make available to Tibetan students and professionals who 
are outside Tibet not less than 15 scholarships for study at 
institutions of higher education in the United States.

SEC. 1244. SUPPORT FOR THE RIGHT OF SELF-DETERMINATION FOR THE 
                    CAMBODIAN PEOPLE.

  (a) Findings.--The Congress finds that--
          (1) the Socialist Republic of Vietnam, in violation 
        of its obligations under international law including 
        the United Nations Charter, invaded Cambodia in 
        December 1978;
          (2) in January 1979, Vietnam installed a puppet 
        government in Phnom Penh, Cambodia, headed by Heng 
        Samrin;
          (3) eight years later Vietnam continues, with Soviet 
        backing, to occupy Cambodia with some 140,000 troops;
          (4) by invading and occupying Cambodia, the 
        Government of the Socialist Republic of Vietnam 
        violated its obligation, undertaken upon becoming a 
        member of the United Nations in 1977, not to use force 
        against the territorial integrity or political 
        independence of any state;
          (5) Vietnam has attempted to submerge Cambodian 
        culture and heritage through the settlement of large 
        numbers of Vietnamese in Cambodia;
          (6) human rights observers have noted a pattern of 
        torture, political detention, inhumane treatment, and 
        other abuses of human rights by officials of the 
        Vietnamese-backed puppet Cambodian regime;
          (7) the Vietnamese occupation of Cambodia has 
        compounded the hardship and suffering of a people which 
        had previously suffered barbaric crimes of genocide 
        under Pol Pot's Khmer Rouge and has caused hundreds of 
        thousands of Cambodians to flee their own country;
          (8) in recognition of the illegal occupation of 
        Cambodia by the Vietnamese, the United Nations has 
        refused to recognize the credentials of the Heng Samrin 
        regime and has instead continued to recognize the 
        credentials of the Government in Exile led by Prince 
        Norodom Sihanouk;
          (9) the member states of the United Nations for the 
        eighth time, and by a record vote, approved a 
        resolution at the forty-second session of the General 
        Assembly calling for the withdrawal of foreign troops 
        from Cambodia;
          (10) the 1981 United Nations-sponsored International 
        Conference on Kampuchea called for the early withdrawal 
        of foreign troops and the holding of free elections 
        under United Nations supervision;
          (11) the Government of the Socialist Republic of 
        Vietnam has thus far rejected the efforts of the 
        Association of Southeast Asian Nations and supported by 
        the United States to resolve the situation in Cambodia; 
        and
          (12) in the absence of a settlement, the non-
        Communist Cambodian forces continue to wage a war of 
        resistance against Vietnamese occupation forces.
  (b) Statement of Policy.--The Congress--
          (1) deplores the continued violation of the 
        sovereignty and territorial independence of Cambodia by 
        the Socialist Republic of Vietnam;
          (2) calls upon the Government of the Socialist 
        Republic of Vietnam to immediately withdraw all of its 
        occupation forces from Cambodia and to negotiate a 
        settlement which restores self-determination to the 
        Cambodian people;
          (3) believes that such negotiations and withdrawal by 
        Vietnam, together with a satisfactory accounting of 
        Americans still missing in action, would constitute 
        positive steps that would help facilitate the prospect 
        of an end to Vietnam's isolation in the world community 
        and an improvement of its relations with the United 
        States;
          (4) supports the efforts of the member nations of the 
        Association of Southeast Asian Nations (ASEAN), the 
        United Nations Secretary General, and the non-Communist 
        Cambodian people to achieve a political settlement 
        which would include such elements as internationally 
        supervised free and fair elections, as well as 
        assurances that there will be no return to the 
        genocidal policies of the Pol Pot regime;
          (5) supports efforts to establish an international 
        tribunal to bring to justice those Khmer Rouge leaders 
        during the reign of Pol Pot, and any others, 
        responsible for crimes of genocide against the 
        Cambodian people; and
          (6) calls upon the international community to observe 
        a special day of remembrance--
                  (A) in recognition of the suffering of the 
                Cambodian people under Pol Pot,
                  (B) in protest of the efforts of Vietnam to 
                suppress the basic human rights, culture, and 
                way of life of the Cambodian people, and
                  (C) in protest of the illegal occupation of 
                Cambodia by Vietnamese troops.

SEC. 1245. HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA.

  (a) Findings.--The Congress finds that--
          (1) the advancement of human rights is a stated 
        objective of the foreign policy of the United States;
          (2) the constitutional guarantees of freedom of 
        speech, press, and peaceful assembly have not been 
        adequately respected in the People's Republic of China;
          (3) the exercise of religious activities has a 
        detrimental effect on a participant's civil, social, 
        and economic status within the People's Republic of 
        China;
          (4) the freedom of movement and the freedom to form 
        independent trade unions and other voluntary 
        associations are severely curtailed;
          (5) there have been some encouraging developments 
        including an effort by the current leadership of the 
        People's Republic of China to develop economic policies 
        without regard to a rigid application of Maoist 
        ideology; and
          (6) the American people desire to extend their moral 
        support to the struggle for freedom and justice within 
        the People's Republic of China.
  (b) Sense of Congress.--It is the sense of the Congress that 
the leadership of the People's Republic of China should take 
necessary steps toward establishing a more democratic society, 
with a free and open political system that will protect the 
essential human rights of all people living within that 
country.

SEC. 1246. DEMOCRACY IN TAIWAN.

  (a) Findings.--The Congress finds that--
          (1) stability and peace prevail on the island of 
        Taiwan and in the Western Pacific region;
          (2) economic vitality, educational advancement, and 
        social progress have created conditions favoring the 
        furtherance of democracy in Taiwan;
          (3) the people of Taiwan, in both national and local 
        elections, have shown themselves fully capable of 
        participating in a democratic political process;
          (4) the authorities on Taiwan are nurturing a 
        transition toward more truly democratic and 
        representative political institutions, although a 
        minority of the seats in the central legislature and 
        central electoral college are filled through periodic 
        elections, with the majority of seats still being held 
        by individuals who took office in the late 1940s;
          (5) on September 28, 1986, Taiwan's democratic 
        opposition announced the formation of the Democratic 
        Progressive Party;
          (6) on October 7, 1986, President Chiang Ching-kuo, 
        announced that the Kuomintang intended to end the state 
        of martial law and to lift the ban on the creation of 
        new political parties;
          (7) the lifting of martial law in July and the 
        release of detainees symbolize the growing respect for 
        human rights and freedom of expression on Taiwan;
          (8) the Kuomintang has indicated a desire over the 
        next few years to make more representative Taiwan's 
        central representative bodies, to broaden 
        decisionmaking within the Nationalist Party, to enhance 
        the rule of law, and to increase the powers of local-
        level government; and
          (9) our common commitment to democratic institutions 
        and values is an increasingly strong bond between the 
        people of the United States and the people of Taiwan 
        and an acceleration of progress toward a full democracy 
        on Taiwan, including full respect for human rights, 
        will strengthen United States ties with the people on 
        Taiwan.
  (b) Sense of Congress.--The Congress--
          (1) welcomes the democratic trends emerging in Taiwan 
        and commends the progress that has been made recently 
        in advancing democratic institutions and values;
          (2) welcomes the lifting of martial law and looks 
        forward to the lifting of the ban on new political 
        parties;
          (3) encourages the leaders and peoples of Taiwan to 
        continue this process with the aim of consolidating 
        fully democratic institutions, in particular by--
                  (A) guaranteeing freedom of speech, 
                expression, and assembly; and
                  (B) gradually moving toward a fully 
                representative government, including the free 
                and fair election of all members of all central 
                representative bodies; and
          (4) requests the American Institute in Taiwan to 
        convey this Nation's continuing support for a 
        democratic and prosperous Taiwan, as stated in the 
        Taiwan Relations Act, and our encouragement for 
        democracy to the leaders and the people of Taiwan.

                         PART F--MISCELLANEOUS

SEC. 1251. REPORT ON ILLEGAL TECHNOLOGY TRANSFERS.

  (a) Report.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State shall submit to 
the appropriate committees of the Congress a report concerning:
          (1) The status of the Japanese Government 
        investigation of the transfer of milling machines to 
        the Soviet Union by Toshiba Machine Company, including 
        any prosecution, fine, or other government action.
          (2) The status of the Norwegian Government 
        investigation of the transfer of numerical controllers 
        by Kongsberg Vappenfabrik (KV) to the Soviet Union, 
        including any prosecution, fine, or other government 
        action.
          (3) Actions undertaken by the Japanese and Norwegian 
        Governments to ensure that such transfers or other 
        breaches of security related to international espionage 
        do not recur.
          (4) Actions and plans of the United States Government 
        to respond to such cases of international espionage.
  (b) Discussions.--The Secretary of State shall enter into 
discussions with Japan and Norway regarding compensation for 
damage to United States national security resulting from such 
cases of international espionage. The Secretary shall submit a 
preliminary report to the appropriate committees of the 
Congress concerning the status of such discussions 180 days 
after the date of enactment of this Act and shall submit a 
final report 360 days after the date of enactment of this Act. 
The Secretary may submit such other subsequent reports as may 
be appropriate.

SEC. 1252. REPORT ON PROGRESS TOWARD A WORLD SUMMIT ON TERRORISM.

  It is the sense of the Congress that the President should 
convene a summit meeting of Western world leaders to adopt a 
unified effective program against international terrorism.

SEC. 1253. PROTECTION OF AMERICANS ENDANGERED BY THE APPEARANCE OF 
                    THEIR PLACE OF BIRTH ON THEIR PASSPORTS.

  (a) Findings.--The Congress finds that some citizens of the 
United States may be specially endangered during a hijacking or 
other terrorist incident by the fact that their place of birth 
appears on their United States passports.
  (b) Discussions.--The Congress urges the President to enter 
into discussions with other countries regarding the feasibility 
of a general agreement permitting the deletion of the place of 
birth as a required item of information on passports.

SEC. 1254. SUPPORT OF MUTUAL DEFENSE ALLIANCES.

  (a) Findings.--The Congress makes the following findings:
          (1) Japan, the member nations of the North Atlantic 
        Treaty Organization (NATO), and other countries rely 
        heavily on the United States to protect their national 
        security under mutual defense alliances.
          (2) The United States spends tens of billions of 
        dollars annually to assist in the defense of allies of 
        the United States.
          (3) The financial burden of mutual defense assumed by 
        many NATO allies and particularly Japan is not 
        commensurate with their economic resources, and, as a 
        result, the United States bears a disproportionately 
        large share of the financial burden of supporting such 
        mutual defense.
          (4) While the United States is currently spending 6.5 
        percent of its gross national product on defense, our 
        NATO allies spend an average of 3.5 percent of their 
        gross national products on defense and Japan spends 
        only 1.0 percent of its gross national product on 
        defense.
          (5) United States allies, particularly West Germany 
        and Japan, have derived tremendous economic benefit 
        from the free trade system among the Western countries, 
        accumulating in certain cases large payments surpluses, 
        while protected through military alliances to which the 
        United States has made an overwhelming commitment of 
        resources.
          (6) The greatest weakness in the ability of the 
        United States to sustain the mutual defense of the 
        United States and its allies is not the military 
        capability of the United States, but rather the 
        economic vulnerability of the United States.
          (7) The Federal budget deficit must be reduced in 
        order to revitalize the economy.
          (8) The continued unwillingness of the allies of the 
        United States to increase their contributions to the 
        common defense to more appropriate levels could weaken 
        the long-term vitality, effectiveness, and cohesion of 
        the alliances between those countries and the United 
        States.
  (b) Policy.--It is the sense of the Congress that--
          (1) the President should enter into discussions with 
        countries which participate in mutual defense alliances 
        with the United States, especially the member nations 
        of NATO and Japan, for the purpose of reaching an 
        agreement on a more equitable distribution of the 
        burden of financial support for the alliances;
          (2) the objective of such discussions with the member 
        nations of NATO and Japan should be to establish a 
        schedule of increases in defense spending by our NATO 
        allies and Japan or a system of offsetting payments 
        that is designed to achieve, to the maximum practicable 
        extent, a division of responsibility for defense 
        spending between those allies and the United States 
        that is commensurate with their resources;
          (3) the President should report to the Congress, 
        within one year after the date of the enactment of this 
        Act, on the progress of such discussions; and
          (4) if, in the judgment of the Congress, the 
        President's report does not reflect substantial 
        progress toward a more equitable distribution of 
        defense expenses among the members of a mutual defense 
        alliance, the Congress should review the extent of the 
        distribution of the mutual defense burden among our 
        allies and consider whether additional legislation is 
        appropriate.
          * * * * * * *

                       TITLE XIII--EFFECTIVE DATE

SEC. 1301. EFFECTIVE DATE.

  Except as otherwise provided in this Act, this Act shall take 
effect on the date of its enactment.
      
   n. Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

Partial text of Public Law 99-93 [Foreign Relations Authorization Act, 
 Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405, approved August 
     16, 1985; as amended by Public Law 99-151 [Legislative Branch 
 Appropriations Act, 1986; H.R. 2942], 99 Stat. 792, approved November 
     13, 1985; Public Law 99-399 [Omnibus Diplomatic Security and 
 Antiterrorism Act of 1986, H.R. 4151], 100 Stat. 868, approved August 
27, 1986; Public Law 100-202 [Continuing Appropriations for 1988, H.J. 
 Res. 395], 101 Stat. 1329, approved December 22, 1987; Public Law 100-
 204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; 
H.R. 1777], 101 Stat. 1331, approved December 22, 1987; Public Law 102-
 138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; 
 H.R. 1415], 105 Stat. 647, approved October 28, 1991; Public Law 102-
392 [Legislative Branch Appropriations Act, 1993; H.R. 5427], 106 Stat. 
   1703, approved October 6, 1992; Public Law 102-549 [International 
  Narcotics Control Act of 1992, H.R. 6187], 106 Stat. 4914, approved 
 November 2, 1992; Public Law 103-199 [FRIENDSHIP Act, H.R. 3000], 107 
  Stat. 2317, approved December 17, 1993; Public Law 103-236 [Foreign 
 Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 
108 Stat. 382, approved April 30, 1994; Public Law 105-119 [Departments 
 of Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1998; H.R. 2267], 111 Stat. 2440, approved November 
  26, 1997; Public Law 105-277 [Foreign Relations Authorization Act, 
  Fiscal Years 1998 and 1999; H.R. 4328], 112 Stat. 2681 at 2681-801, 
   approved October 21, 1998; Public Law 106-57 [Legislative Branch 
Appropriations Act, 2000; H.R. 1905], 113 Stat. 408, approved September 
                                29, 1999


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.



 AN ACT To authorize appropriations for fiscal years 1986 and 1987 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987''.
    (b) Table of Contents.--* * *

                      TITLE I--DEPARTMENT OF STATE

SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.

    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) Administration of foreign affairs.--For 
        ``Administration of Foreign Affairs'', $1,828,088,000 
        for the fiscal year 1986 \1\ and $1,873,790,000 for the 
        fiscal year 1987.\2\
---------------------------------------------------------------------------
    \1\The Department of State Appropriation Act, 1986 (Public Law 99-
180), appropriated funds for fiscal year 1986 for the ``Administration 
of Foreign Affairs'' itemized in the following manner salaries and 
expenses--$1,455,000,000; reopening consulates--$1,700,000; 
representation allowances--$4,700,000; protection of foreign missions 
and officials--$9,500,000; A acquisition and maintenance of buildings 
abroad--$337,000,000; emergencies in the diplomatic and consular 
service--$4,400,000; payment to the American Institute in Taiwan--
$9,800,000; payment to the Foreign Service Retirement and Disability 
Fund--$118,174,000.
    The Urgent Supplemental Appropriations Act, 1987 (Public Law 99-
349; 100 Stat. 716), also provided:
---------------------------------------------------------------------------

                  ``Administration of Foreign Affairs

                        ``salaries and expenses
---------------------------------------------------------------------------
    ``Notwithstanding section 15(a) of the State Department Basic 
Authorities Act of 1956, for an additional amount for `Salaries and 
expenses', $283,104,000, to remain available until expended: Provided, 
That $222,104,000 of this amount shall become available for obligation 
on September 30, 1986.
---------------------------------------------------------------------------

           ``acquisition and maintenance of buildings abroad
---------------------------------------------------------------------------
    ``Notwithstanding section 15(a) of the State Department Basic 
Authorities Act of 1956, for an additional amount for `Acquisition and 
Maintenance of Buildings Abroad', to be available subject to the 
approval of the House and Senate Committees on Appropriations under 
said Committees' policies concerning the reprogramming of funds 
contained in Public Law 99-180, $409,000,000, to remain available until 
expended: Provided, That such funds shall become available for 
obligation on September 30, 1986.
---------------------------------------------------------------------------

              ``counterterrorism research and development
---------------------------------------------------------------------------
    ``Notwithstanding section 15(a) of the State Department Basic 
Authorities Act of 1956, for necessary expenses for `Counterrorism 
Research and Development', $10,000,000 to remain available until 
September 30, 1987.''.
    \2\ Sec. 101(b), title III of the Continuing Appropriations Act, 
1987 (Public Law 99-591; 100 Stat. 3341), appropriated funds for fiscal 
year 1987 for the ``Administration of Foreign Affairs'' itemized in the 
following manner: Salaries and expenses--$1,527,000,000; representation 
allowances--$4,460,000; Protection of Foreign Missions and Officials--
$9,100,000 acquisition and maintenance of buildings abroad--
$440,000,000; emergencies in the diplomatic and consular service--
$4,000,000; payment to the American Institute in Taiwan--$9,379,000; 
and payment to the Foreign Service Retirement and Disability Fund--
$127,398,000.
---------------------------------------------------------------------------
          (2) International organizations and conferences.--For 
        ``International Organizations and Conferences'', 
        $534,074,000 for the fiscal year 1986 \3\ and 
        $534,074,000 for the fiscal year 1987.\4\
---------------------------------------------------------------------------
    \3\ The Department of State Appropriation Act, 1986 (Public Law 99-
180), appropriated funds for ``International Organizations and 
Conferences'' for fiscal year 1986 itemized in the following manner: 
contributions to international organizations--$463,000,000; 
contributions for international peacekeeping activities--$29,400,000; 
and international conferences and contingencies)--$6,000,000.
    \4\ Sec. 101(b), title III of the Continuing Appropriations Act, 
1987 (Public Law 99-591; 100 Stat. 3341), appropriated funds for fiscal 
year 1987 for the ``International Organizations and Conferences'' 
itemized in the following manner: contributions to international 
organizations--$385,000,000; contributions for international 
peacekeeping activities--$29,400,000; and international conferences and 
contingencies--$5,460,000. An additional $31,689,000 for peacekeeping 
operation's was provided by title II of the Foreign Assistance and 
Related Programs Appropriations Act of 1987 (sec. 101(f) of the 
Continuing Appropriations Act, 1987; Public Law 99-591; 100 Stat. 
3341).
---------------------------------------------------------------------------
          (3) International commissions.--For ``International 
        Commissions'', $28,704,000 for the fiscal year 1986 \5\ 
        and $25,824,000 for the fiscal year 1987.\6\
---------------------------------------------------------------------------
    \5\ The Department of State Appropriation Act, 1986 (Public Law 99-
180), appropriated funds for ``International Commissions'' for fiscal 
year 1986 itemized in the following manner: International boundary and 
Water Commission, United States and Mexico (salaries and expenses) 
$11,300,000; (construction) $2,257,000; American Sections, 
International Commissions $3,755,000; and International Fisheries 
Commissions--$11,300,000.
    \6\ Sec. 101(b), title III of the Continuing Appropriations Act, 
1987 (Public Law, 99-591; 100 Stat. 3341), appropriated funds for 
fiscal year 1987 for ``International Commissions'' as follows: 
International Boundary and Water Commission, United States and Mexico 
(salaries and expenses) $1,800,000; (construction) $3,900,000; 
(American Sections, International Commissions') $3,700,000; 
(International Fisheries Commission's) $10,800,000.
---------------------------------------------------------------------------
          (4) Migration and refugee assistance.--For 
        ``Migration and Refugee Assistance'', $344,730,000 for 
        the fiscal year 1986 \7\ and $344,730,000 for the 
        fiscal year 1987.\8\
---------------------------------------------------------------------------
    \7\The Foreign Assistance Appropriations Act, 1986 (sec. 101(j) of 
the Continuing Appropriations Act, 1986; Public Law 99-190), 
appropriated $338,930,000 for ``Migration and Refugee Assistance'' 
during fiscal year 1986.
    \8\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act (sec. 101(f) of the Continuing Appropriations Act, 
1987; Public Law 99-591; 100 Stat. 3341), appropriated $346,856,000 for 
migration and refugee assistance for fiscal year 1987.
---------------------------------------------------------------------------
          (5) Bilateral science and technology agreements.--For 
        ``United States Bilateral Science and Technology 
        Agreements'', $2,000,000 for the fiscal year 1986 \9\ 
        and $2,000,000 for the fiscal year 1987.\10\
---------------------------------------------------------------------------
    \9\ The Department of State Appropriation Act, 1986 (Public Law 99-
180) appropriated $2,000,000 for United States Bilateral Science and 
Technology Agreements.
    \10\ Title III of sec. 101(b) of the Continuing Appropriations Act 
(Department of State Appropriations) provided $1,700,000 for scientific 
and technological cooperation with Yugoslavia.
---------------------------------------------------------------------------
          (6) Soviet-east european research and training.--For 
        ``Soviet-East European Research and Training'', 
        $4,800,000 for the fiscal year 1986 \11\ and $5,000,000 
        for the fiscal year 1987.\12\
---------------------------------------------------------------------------
    \11\ The Department of State Appropriation Act, 1986 (Public Law 
99-180), appropriated for fiscal year 1986, $4,800,000 for Soviet-East 
European Research and Training.
    \12\ Title III of sec. 101(b) of the Continuing Appropriations Act 
(Department of the State Appropriations) provided $4,600,000 for 
Soviet-East European research and training.
---------------------------------------------------------------------------

SEC. 102. PERMANENT AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Other Authorization of Appropriations.--
          (1) Except for authorizations cited in paragraph (2), 
        the only amounts authorized to be appropriated for any 
        fiscal year for the accounts described in section 101 
        are those amounts specifically authorized to be 
        appropriated for those accounts.
          (2) The other authorizations of appropriations 
        referred to in paragraph (1) are those contained in 
        section 24 of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 2696), relating to increases in 
        employee benefits authorized by law and to adverse 
        fluctuations in foreign currency exchange rates and 
        overseas wage and price changes, and in section 821 of 
        the Foreign Service Act of 1980 (22 U.S.C. 4061), 
        relating to the Foreign Service Retirement and 
        Disability Fund.
    (b) Notification to Authorizing Committees of Certain 
Requests for Appropriations.--In any fiscal year, whenever the 
Secretary of State submits to the Congress a request for 
appropriations pursuant to the authorizations described in 
subsection (a)(2), the Secretary shall notify the Committee on 
Foreign Affairs \13\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate of such request.
---------------------------------------------------------------------------
    \13\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 104. SECURITY EARMARK.

    Of the amounts authorized to be appropriated for 
``Administration of Foreign Affairs'' by section 101(1), not 
less than $311,000,000 for the fiscal year 1986 shall be 
available only for security-related capital projects and 
improvements and the salaries and expenses associated with 
security-related personnel.

SEC. 105. LIAISON BY THE NATIONAL COMMISSION ON EDUCATIONAL, 
                    SCIENTIFIC, AND CULTURAL COOPERATION.

    Of the amounts authorized to be appropriated for 
``Administration of Foreign Affairs'' by section 101(1), 
$250,000 for fiscal year 1986 and $250,000 for the fiscal year 
1987 shall be made available to the National Commission on 
Educational, Scientific, and Cultural Cooperation in order to 
enable the Commission to maintain a liaison between the United 
States Government, the United States educational, scientific, 
cultural, and communications communities, and the United 
Nations Educational, Scientific, and Cultural Organization 
(UNESCO).

SEC. 106. AUSTRALIAN BICENTENNIAL.

    (a) Finding.--The Congress finds that the American-
Australian Bicentennial Foundation, a private, nonprofit 
corporation established in 1983 for the purpose of coordinating 
all United States official and private participation in the 
1988 Australian Bicentennial celebration, deserves and needs 
financial support to effectively carry out that purpose.
    (b) Grant to American-Australian Bicentennial Foundation.--
From the amounts authorized to be appropriated for 
``Administration of Foreign Affairs'' by section 101(1), the 
Secretary of State may make a grant in each of the fiscal years 
1986 and 1987 to the American-Australian Bicentennial 
Foundation in support of its programs and operations to prepare 
for United States participation in the Australian Bicentennial 
celebration.
    (c) Authority of USIA Not Affected.--Subsection (b) shall 
not be construed to affect the authority delegated to the 
Director of the United States Information Agency under section 
102(a)(3) of the Mutual Education and Cultural Exchange Act of 
1961 (22 U.S.C. 2452(a)(3)).

SEC. 107. WORLD COMMISSION ON ENVIRONMENT AND DEVELOPMENT.

    Of the amounts authorized to be appropriated for 
``International Organizations and Conferences'' by section 
101(2), $750,000 for each of the fiscal years 1986 and 1987 
shall be available only for a voluntary contribution to the 
World Commission on Environment and Development.

SEC. 108. EARMARKING OF REFUGEE ASSISTANCE FUNDS.

    Of the amounts authorized to be appropriated for 
``Migration and Refugee Assistance'' by section 101(4)--
          (1) $12,500,000 for the fiscal year 1986 and 
        $25,000,000 for the fiscal year 1987 shall be available 
        only for assistance for refugees resettling in Israel;
          (2) $56,000,000 for the fiscal year 1986 and 
        $56,000,000 for the fiscal year 1987 shall be available 
        only for assistance for African refugees; and
          (3) $2,500,000 for the fiscal year 1986 and 
        $1,750,000 for the fiscal year 1987 shall be available 
        to combat piracy in the Gulf of Thailand, for 
        assistance to pirate victims, to promote the rescue of 
        refugees in distress at sea in Southeast Asia, and to 
        strengthen protection measures for Indochinese boat 
        refugees.

SEC. 109. INTERNATIONAL COMMITTEE OF THE RED CROSS.

    (a) Findings.--The Congress finds that--
          (1) the International Committee of the Red Cross 
        carries out humanitarian missions vital to the United 
        States, including--
                  (A) the promulgation and implementation of 
                international humanitarian law;
                  (B) the protection of prisoners of war and of 
                noncombatants in time of conflict;
                  (C) the protection of political prisoners;
                  (D) assistance in tracing persons who have 
                disappeared in conflicts or for political 
                reasons;
                  (E) the provision of medicine, food, and 
                essential assistance to refugees and other 
                victims of man-made disasters; and
                  (F) assistance in family reunification;
          (2) the scope and number of activities carried out by 
        the International Committee of the Red Cross have, as a 
        result of recent global developments, necessarily 
        increased; and
          (3) there is an urgent need for increased support 
        from the international community for the regular budget 
        and special appeals of the International Committee of 
        the Red Cross.
    (b) United States Policy.--It is the policy of the United 
States--
          (1) to contribute to the International Committee of 
        the Red Cross, in any financial year, an amount not 
        less than 20 percent of the regular budget of the 
        International Committee of the Red Cross; and
          (2) to support generously the special appeals made by 
        the International Committee of the Red Cross.
    (c) Earmarking.--Of the amounts authorized to be 
appropriated for ``Migration and Refugee Assistance'' by 
section 101(4), not less than $4,500,000 for each of the fiscal 
years 1986 and 1987 shall be available only for contribution to 
the regular budget of the International Committee of the Red 
Cross.
    (d) \14\ * * *
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    \14\Subsec. (d) repealed sec. 105 of the Foreign Relations 
Authorization Act, Fiscal Year 1978 (Public Law 99-105; 91 Stat. 844).
---------------------------------------------------------------------------

SEC. 110. LIMITATIONS ON USE OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.

    Of the amounts authorized to be appropriated for 
``Migration and Refugee Assistance'' by section 101(4), not 
more than $2,000,000 for the fiscal year 1986 and not more than 
$2,000,000 for the fiscal year 1987 may be used for enhanced 
reception and placement services.
          * * * * * * *
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    \15\ Amendments made by sec. 115, including raising the number of 
Assistant Secretaries of State from 13 to 14, are superseded by 
amendments made to sec. 1 of the State Department Basic Authorities Act 
of 1956.
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SEC. 115.\15\ ASSISTANT SECRETARIES OF STATE. * * *

          * * * * * * *

SEC. 120.\16\ PILOT PROJECT FOR FOREIGN SERVICE ASSOCIATES.

    (a) Sense of Congress.--It is the sense of the Congress 
that the national interest of the United States would be well 
served by making more productive use in United States missions 
abroad of the resources that spouses of American personnel 
assigned to missions abroad are qualified to provide.
---------------------------------------------------------------------------
    \16\ Sec. 139(12) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398), 
repealed subsec. (d) of this section, which had required the Secretary 
to report to Congress on the design, implementation, and evaluation of 
the project.
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    (b) Pilot Project.--(1) The Secretary of State is 
authorized to design, conduct, and evaluate a pilot project to 
test appropriate means of increasing employment of qualified 
spouses of American personnel assigned to United States 
missions. The intent of the pilot project shall be to construct 
a feasible program within which spouses' education, training, 
and relevant work experience can be used effectively within the 
mission and in the furthering of United States interests in the 
host country.
    (2) The Secretary shall conduct the pilot project described 
in paragraph (1) in accordance with section 311(b) of the 
Foreign Service Act of 1980 (22 U.S.C. 3951(b)).
    (c) Commencement of Design Phase.--The Secretary shall 
undertake the design phase of the pilot project upon the 
enactment of this Act.

SEC. 121. FEASIBILITY STUDY OF A LATERAL ENTRY PROGRAM INTO THE FOREIGN 
                    SERVICE FOR BUSINESSMEN AND FARMERS.

    (a) Study.--The Secretary of State shall conduct a 
comprehensive study on the feasibility and desirability of 
creating a program of lateral entry into the Foreign Service 
for American businessmen, farmers, and other occupations. This 
study shall analyze the need for such a program by determining 
whether or not the personnel of the Foreign Service is composed 
of many people with a diversity of backgrounds such as 
business, farming, or other endeavors. The study shall also 
analyze the costs of putting such a program into effect.
    (b) Report.--The Secretary of State shall report the 
results of such a study to the Congress no later than 180 days 
after the date of the enactment of this Act.
          * * * * * * *

SEC. 123.\17\ FOREIGN SERVICE INSTITUTE FACILITIES.

    (a) \18\ Purpose.--The purpose of this section is to 
promote comprehensive training to meet the foreign relations 
and national security objectives of the United States and to 
provide facilities designed for the purpose to assure cost 
efficient training.
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    \17\ The Foreign Services Institute is now the Institution for 
Training, pursuant sec. 126 of Public Law 103-236, amending chapter 7 
of the Foreign Service Act of 1980.
    \18\ 22 U.S.C. 4021 note.
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    (b) Construction of Training Facilities.--The Administrator 
of General Services may construct a consolidated training 
facility for the Foreign Service Institute on a site made 
available by the Secretary of State or acquired by the 
Administrator of General Services. Such site shall be located 
outside the District of Columbia but within reasonable 
proximity to the Department of State. The Administrator of 
General Services may carry out this subsection only to the 
extent that funds are provided in advance in appropriation Acts 
to the Department of State and are transferred to the 
Administrator of General Services for carrying out this 
section.
    (c) \19\ Use of Funds.--(1)(A) Of amounts authorized to be 
appropriated to the Department of State for fiscal years 1986 
and 1987 for ``Administration of Foreign Affairs'' by section 
101(1), a total of not to exceed $11,000,000 may be transferred 
by the Secretary of State to the Administrator of General 
Services for carrying out feasibility studies, site 
acquisition, and design, architectural, and engineering 
planning under subsection (b) of this section.
---------------------------------------------------------------------------
    \19\ Paragraph (1) of subsec. (c) was redesignated subparagraph (A) 
and new subparagraph (B) was added by sec. 135 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1331).
---------------------------------------------------------------------------
    (B) Of the amounts authorized to be appropriated to the 
Department of State for fiscal years beginning after September 
30, 1987, the Secretary of State may transfer a total not to 
exceed $11,000,000 for `Administration of Foreign Affairs' to 
the Administrator of General Services for carrying out 
feasibility studies, site preparation, and design, 
architectural, and engineering planning under subsection (b).
    (2) Of amounts authorized to be appropriated to the 
Department of State for fiscal years beginning after September 
30, 1987, for ``Administration of Foreign Affairs'', a total 
not to exceed $70,000,000 \20\ may be transferred by the 
Secretary of State to the Administrator of General Services for 
carrying out construction under subsection (b) of this section.
---------------------------------------------------------------------------
    \20\ Sec. 124 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 659), struck out 
``$50,000,000'' and inserted in lieu thereof ``$70,000,000''.
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    (3) Funds may not be obligated for construction of a 
facility under this section before the end of the period of 30 
days of continuous session of Congress beginning on the date on 
which plans and estimates developed to carry out this section 
are submitted to the Committees on Foreign Affairs and Public 
Works and Transportation of the House of Representatives \21\ 
and the Committees on Foreign Relations and Environment and 
Public Works of the Senate. In determining days of continuous 
session of Congress for purposes of this paragraph--
---------------------------------------------------------------------------
    \21\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(a)(9) 
of that Act provided that references to the Committee on Public Works 
and Transportation shall be treated as referring to the Committee on 
Transportation and Infrastructure.
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          (A) continuity of session is broken only by an 
        adjournment of Congress sine die; and
          (B) the days on which either House is not in session 
        because of an adjournment of more than 3 days to a day 
        certain are excluded in the determination.
If both Houses of Congress are not in session on the day any 
plans and estimates are submitted to such committees, such 
submittal shall be deemed to have been submitted on the first 
succeeding day on which both Houses are in session. If all such 
committees do not receive a submittal on the same day, such 
period shall not begin until the date on which all such 
committees have received it.
    (d) Jurisdiction and Custody.--The facility constructed 
under this section and the site of such facility shall be under 
jurisdiction and in the custody of the Administrator of General 
Services.
    (e) \22\ Operation, Maintenance, Security, Alteration, and 
Repair.--(1) The Administrator of General Services shall 
delegate, in accordance with section 205 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 
486) and section 15 of the Public Buildings Act of 1959 (40 
U.S.C. 614), to the Secretary of State responsibility for the 
operation, maintenance, and security of and alterations and 
repairs to the facility constructed pursuant to this section, 
provided the facility is used by the Secretary for the purposes 
authorized by this section.
---------------------------------------------------------------------------
    \22\ Sec. 2219(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-817) struck out para. (2) of subsec. (e). That 
paragraph had required the Secretary of State and the Administrator of 
General Services to report on the delegation of responsibility for the 
operation, maintenance, and security of and alterations and repairs to 
the facility constructed pursuant to this section.
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    (f) Exemption From Payment of Charges.--(1) Except as 
provided in paragraph (2), the Department of State shall be 
exempt from the charges required by section 210(j) of the 
Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 490(j)) for the use of the facility constructed under 
this section for the Foreign Service Institute.
    (2) The Administrator of General Services shall charge the 
Department of State under such section 210(j) for the costs of 
any operation, maintenance, repairs, or alterations of such 
facility carried out by the Administrator of General Services.
          * * * * * * *

SEC. 130.\23\ OFFICIAL RESIDENCE OF SECRETARY OF STATE.
---------------------------------------------------------------------------

    \23\ 22 U.S.C. 2697 note.
---------------------------------------------------------------------------
    (a) Congressional Review.--It is the sense of the Congress 
that the United States should not accept a gift of any house or 
other place of residence for the purpose of providing an 
official residence for the Secretary of State unless the 
Congress has had an opportunity to review the proposed gift.
    (b) Study and Report.--The Secretary of State shall conduct 
a study of any offer of a gift for the purpose of providing a 
place of official residence for the Secretary of State. Such 
study shall include an examination of the costs to the United 
States associated with accepting such gift, including the costs 
of acquisition, maintenance, security, and daily operation of a 
residence. The Secretary shall report the results of any study 
conducted under this section to the Committee on Foreign 
Affairs and the Committee on Public Works and Transportation of 
the House of Representatives \21\ and to the Committee on 
Foreign Relations and the Committee on Environment and Public 
Works of the Senate.

SEC. 131. STRENGTHENING THE PERSONNEL SYSTEM OF THE BUREAU OF 
                    INTERNATIONAL NARCOTICS MATTERS.

    No later than 90 days after the date of the enactment of 
this Act, the Secretary of State shall report to the Congress 
on the status of proposals implemented or under consideration 
to improve the staffing and personnel management in the Bureau 
of International Narcotics Matters. This report shall 
explicitly discuss whether a narcotics specialist personnel 
category in the Foreign Service is an appropriate mechanism to 
serve these purposes and, if not, what alternatives are 
contemplated.

SEC. 132.\24\ SHARING OF INFORMATION CONCERNING DRUG TRAFFICKERS.
---------------------------------------------------------------------------

    \24\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------
    (a) Reporting Systems.--In order to ensure that foreign 
narcotics traffickers are denied visas to enter the United 
States, as required by section 212(a)(23) of the Immigration 
and Naturalization Act (22 U.S.C. 1182(a)(23))--
          (1) the Department of State shall cooperate with 
        United States law enforcement agencies, including the 
        Drug Enforcement Administration and the United States 
        Customs Service, in establishing a comprehensive 
        information system on all drug arrests of foreign 
        nationals in the United States, so that that 
        information may be communicated to the appropriate 
        United States embassies; and
          (2) the National Drug Enforcement Policy Board shall 
        agree on uniform guidelines which would permit the 
        sharing of information on foreign drug traffickers.
    (b) Report.--Not later than six months after the date of 
the enactment of this Act, the Chairman of the National Drug 
Enforcement Policy Board shall submit a report to the Committee 
on Foreign Affairs \25\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate on the steps taken 
to implement this section.
---------------------------------------------------------------------------
    \25\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 133.\26\ EXTRADITION TREATIES.
---------------------------------------------------------------------------

    \26\ 18 U.S.C. 3181 note.
---------------------------------------------------------------------------
    The Secretary of State, with the assistance of the National 
Drug Enforcement Policy Board, shall increase United States 
efforts to negotiate updated extradition treaties relating to 
narcotics offenses with each major drug-producing country, 
particularly those in Latin America.

SEC. 134.\27\ * * * [Repealed--1991]
---------------------------------------------------------------------------

    \27\ Repealed by sec. 191 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 683), 
sec. 134 recommended that the Secretary of State issue a travel 
advisory warning U.S. citizens of the current dangers of traveling in 
the State of Jalisco, Mexico, site of the 1985 murders of two U.S. Drug 
Enforcement Administration employees and other assaults against U.S. 
citizens.
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SEC. 135. COMMENDATION OF AMBASSADOR TO MEXICO.

    The Congress commends our fine Ambassador to Mexico, John 
Gavin, for insuring a full and complete investigation and 
prosecution of the murders of Enrique Camerena and for his 
continuing advocacy of a strong drug enforcement program.

SEC. 136.\28\ SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR 
                    MISSIONS IN THE SOVIET UNION.

    (a) Limitation.--To the maximum extent practicable, 
citizens of the Soviet Union shall not be employed as foreign 
national employees at United States diplomatic or consular 
missions in the Soviet Union after September 30, 1986.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 3943 note. In a memorandum to the Secretary of State 
on October 24, 1991, the President determined ``that implementation of 
section 136(a) of the [Foreign Relations Authorization] Act [, Fiscal 
Years 1986 and 1987] poses undue practical and administrative 
difficulties. Consistent with this determination, you are authorized to 
employ Soviet nationals in nonsensitive areas of the New Embassy 
Compound in Moscow under strict monitoring by cleared Americans. 
Further, I delegate to you the responsibility vested in me by section 
136(b) of the Act to report to the Congress on circumstances relevant 
to this determination. Such responsibility may be redelegated within 
the Department of State.'' (Presidential Determination 92-4 of October 
24, 1991; 56 F.R. 56567, November 6, 1991).
    The Secretary of State, in Department of State Public Notice 1531 
of December 2, 1991 (Delegation of Authority No. 191; 56 F.R. 64830), 
delegated to the Deputy Secretary of State the reporting function 
requested in sec. 136(b).
    Sec. 103(c) of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2320), relating to statutory provisions applicable to the Soviet Union, 
provided the following:
    ``(c) Findings and Affirmation.--The Congress finds and affirms 
that provisions such as those described in this section, including--* * 
*
---------------------------------------------------------------------------

          ``(2) sections 136 and 804 of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
        93), * * *
``should not be construed as being directed against Russia, Ukraine, or 
the other independent states of the former Soviet Union, connoting an 
adversarial relationship between the United States and the independent 
states, or signifying or implying in any manner unfriendliness toward 
the independent states.''.
---------------------------------------------------------------------------
    For complete list of related statutes, see sec. 103 of the 
FRIENDSHIP Act, in Legislation on Foreign Relations Through 2001, vol. 
I-B.
---------------------------------------------------------------------------
    (b) Report.--Should the President determine that the 
implementation of subsection (a) poses undue practical or 
administrative difficulties, he is requested to submit a report 
to Congress describing the number and type of Soviet foreign 
national employees he wishes to retain at or in proximity to 
United States diplomatic and consular posts in the Soviet 
Union, the anticipated duration of their continued employment, 
the reasons for their continued employment, and the risks 
associated with the retention of these employees.

SEC. 137. RESPONSIBILITY OF UNITED STATES MISSIONS ABROAD TO PROVIDE 
                    SUPPORT FOR UNITED STATES BUSINESSES.

    (a) Findings.-- The Congress finds that--
          (1) the United States is faced with increasingly 
        larger trade deficits every year;
          (2) section 104 of the Foreign Service Act of 1980 
        provides that the members of the Foreign Service shall 
        represent the interests of the United States in 
        relation to foreign countries;
          (3) section 207(c) of the Foreign Service Act of 1980 
        provides that each chief of mission to a foreign 
        country shall have as a principal duty the promotion of 
        United States goods for export to that country; and
          (4) the promotion of United States business interests 
        abroad is a fundamental aspect of United States 
        relations with foreign countries.
    (b) Policy.--It is the sense of the Congress that it is 
imperative, and in the national interest of the United States, 
that each United States mission to a foreign country provide 
such support as may be necessary to United States citizens 
seeking to do business in that country.

SEC. 138.\29\ RESPONSIBILITY OF UNITED STATES MISSIONS TO PROMOTE 
                    FREEDOM OF THE PRESS ABROAD.

    (a) Responsibility.--The United States chief of mission to 
a foreign country in which there is not respect for freedom of 
the press shall actively promote respect for freedom of the 
press in that country.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
    (b) Definition.--As used in this section, the term 
``respect for freedom of the press'' means that a government--
          (1) allows foreign news correspondents into the 
        country and does not subject them to harassment or 
        restrictions;
          (2) allows nongovernment-owned press to operate in 
        the country; and
          (3) does not subject the press in the country to 
        systematic censorship.

SEC. 139.\30\ EMERGENCY TELEPHONE SERVICE AT U.S. CONSULAR OFFICES.

    It is the sense of the Congress that the Secretary of State 
should ensure that all United States consular offices are 
equipped with 24-hour emergency telephone service through which 
United States citizens can contact a member of the staff of any 
such office. The Secretary should publicize the telephone 
number of each such service for the information of United 
States citizens. Not more than 90 days after the date of the 
enactment of this Act, the Secretary shall submit a report to 
the Congress on steps taken in accordance with this section.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------

SEC. 140. RESPONSIBILITIES OF UNITED STATES REPRESENTATIVES TO 
                    INTERNATIONAL ORGANIZATIONS.

    (a) Findings.--The Congress finds that--
          (1) international organizations of which the United 
        States is a member are increasingly involved in the 
        consideration of proposals that may have a significant 
        impact on the interstate or foreign commerce of the 
        United States; and
          (2) these proposals are not always adequately 
        publicized or considered pursuant to open and fair 
        procedures available to interested persons.
    (b) Policy.--It is the sense of the Congress that--
          (1) the United States representatives to United 
        Nations-related agencies and to other international 
        organizations should oppose the adoption of 
        international marketing and distribution regulations or 
        restrictions which unnecessarily impede the export of 
        United States goods and services; and
          (2) the Secretary of State, to the extent 
        practicable, should publish procedures to provide 
        interested persons with timely notice and an 
        opportunity to comment on such regulations and 
        restrictions under consideration in international 
        organizations as the Secretary determines may 
        significantly affect--
                  (A) the interstate or foreign commerce of the 
                United States;
                  (B) the policies or programs of the United 
                States Government; or
                  (C) any State significantly affected by 
                interstate or foreign commerce.
          * * * * * * *

SEC. 143.\31\ * * * [Repealed--1991]
---------------------------------------------------------------------------

    \31\ Formerly at 22 U.S.C. 287e note. Sec. 143, relating to reform 
in budget decision-making procedures of the United Nations and its 
specialized agencies, was repealed by sec. 162(e) of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 
102-138; 105 Stat. 676).
---------------------------------------------------------------------------
          * * * * * * *

SEC. 145. INTERNATIONAL JUTE ORGANIZATION.

    The President is authorized to maintain membership of the 
United States in the International Jute Organization.

SEC. 146.\32\ INTELSAT.

    (a) Policy.--The Congress declares that it is the policy of 
the United States--
---------------------------------------------------------------------------
    \32\ 47 U.S.C. 701 note.
---------------------------------------------------------------------------
          (a) as a party to the International 
        Telecommunications Satellite Organization (hereafter in 
        this section referred to as ``Intelsat''), to foster 
        and support the global commercial communications 
        satellite system owned and operated by Intelsat;
          (2) to make available to consumers a variety of 
        communications satellite services utilizing the space 
        segment facilities of Intelsat and any additional such 
        facilities which are found to be in the national 
        interest and which--
                  (A) are technically compatible with the use 
                of the radio frequency spectrum and orbital 
                space by the existing or planned Intelsat space 
                segment, and
                  (B) avoid significant economic harm to the 
                global system of Intelsat; and
          (3) to authorize use and operation of any additional 
        space segment facilities only if the obligations of the 
        United States under article XIV(d) of the Intelsat 
        Agreement \33\ have been met.
---------------------------------------------------------------------------
    \33\ 23 UST 3813.
---------------------------------------------------------------------------
    (b) Preconditions for Intelsat Consultation.--Before 
consulting with Intelsat for purposes of coordination of any 
separate international telecommunications satellite system 
under article XIV(d) of the Intelsat Agreement, the Secretary 
of State shall--
          (1) in coordination with the Secretary of Commerce, 
        ensure that any proposed separate international 
        satellite telecommunications system comply with the 
        Executive Branch conditions established pursuant to the 
        Presidential Determination No. 85-2; \34\ and
---------------------------------------------------------------------------
    \34\ 3 C.F.R. 1984 Comp., p. 254.
---------------------------------------------------------------------------
          (2) ensure that one or more foreign authorities have 
        authorized the use of such system consistent with such 
        conditions.
    (c) Amendment of Intelsat Agreement.--(1) The Secretary of 
State shall consult with the United States signatory to 
Intelsat and the Secretary of Commerce regarding the 
appropriate scope and character of a modification to article 
V(d) of the Intelsat Agreement which would permit Intelsat to 
establish cost-based rates for individual traffic routes, as 
exceptional circumstances warrant, paying particular attention 
to the need for avoiding significant economic harm to the 
global system of Intelsat as well as United States national and 
foreign policy interests.
    (2)(A) To ensure that rates established by Intelsat for 
such routes are cost-based, the Secretary of State, in 
consultation with the Secretary of Commerce and the Chairman of 
the Federal Communications Commission, shall instruct the 
United States signatory to Intelsat to ensure that sufficient 
documentation, including documentation regarding revenues and 
costs, is provided by Intelsat so as to verify that such rates 
are in fact cost-based.
    (B) To the maximum extent possible, such documentation will 
be made available to interested parties on a timely basis.
    (3) Pursuant to the consultation under paragraph (1) and 
taking the steps prescribed in paragraph (2) to provide 
documentation, the United States shall support an appropriate 
modification to article V(d) of the Intelsat Agreement \35\ to 
accomplish the purpose described in paragraph (1).
---------------------------------------------------------------------------
    \35\ 23 UST 3813.
---------------------------------------------------------------------------
    (d) Congressional Consultation.--In the event that, after 
United States consultation with Intelsat for the purposes of 
coordination under article XIV(d) of the Intelsat Agreement for 
the establishment of a separate international 
telecommunications satellite system, the Assembly of Parties of 
Intelsat fails to recommend such a separate system, and the 
President determines to pursue the establishment of a separate 
system notwithstanding the Assembly's failure to approve such 
system, the Secretary of State, after consultation with the 
Secretary of Commerce, shall submit to the Congress a detailed 
report which shall set forth--
          (1) the foreign policy reasons for the President's 
        determination, and
          (2) a plan for minimizing any negative effects of the 
        President's action on Intelsat and on United States 
        foreign policy interests.
    (e) Notification to Federal Communications Commission.--In 
the event the Secretary of State submits a report under 
subsection (d), the Secretary, 60 calendar days after the 
receipt by the Congress of such report, shall notify the 
Federal Communications Commission as to whether the United 
States obligations under article XIV(d) of the Intelsat 
Agreement have been met.
    (f) Implementation.--In implementing the provisions of this 
section, the Secretary of State shall act in accordance with 
Executive order 12046.\36\
---------------------------------------------------------------------------
    \36\ 3 C.F.R. 1978 Comp., p. 158.
---------------------------------------------------------------------------
    (g) Definition.--For the purposes of this section, the term 
``separate international telecommunications satellite system'' 
or ``separate system'' means a system of one or more 
telecommunications satellites separate from the Intelsat space 
segment which is established to provide international 
telecommunications services between points within the United 
States and points outside the United States, except that such 
term shall not include any satellite or system of satellites 
established--
          (1) primarily for domestic telecommunications 
        purposes and which incidentally provides services on an 
        ancillary basis to points outside the jurisdiction of 
        the United States but within the western hemisphere, or
          (2) solely for unique governmental purposes.

SEC. 147.\37\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \37\ Sec. 802 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2329) repealed sec. 147, relating to Soviet and Communist 
disinformation and press manipulation.
---------------------------------------------------------------------------

SEC. 148.\38\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \38\ Sec. 904 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2330) repealed sec. 148, expressing the sense of the Congress regarding 
the murder of Major Arthur D. Nicholson, Jr.
---------------------------------------------------------------------------

SEC. 149. INTER-AMERICAN COOPERATION IN SPACE, SCIENCE, AND TECHNOLOGY.

    The Secretary of State shall conduct an in-depth study of 
the feasibility and the economic and political benefits of the 
establishment of a major initiative in Inter-American 
Cooperation in Space, Science, and Technology. Not more than 
one year after the date of the enactment of this Act, the 
Secretary shall submit a report to the Congress on the findings 
of such study and shall include recommendations for 
implementing such an initiative.

SEC. 150. DEPARTMENT OF STATE INSPECTOR GENERAL.

    (a) \39\ * * *
---------------------------------------------------------------------------
    \39\ Subsec. (a) established a Department of State Inspector 
General under the Inspector General Act of 1978.
---------------------------------------------------------------------------
    (b) \40\ Abolishment of the Inspector General of the 
Department of State and the Foreign Service.--Notwithstanding 
section 209 of the Foreign Service Act of 1980 (22 U.S.C. 
3929), the Inspector General of the Department of State and the 
Foreign Service is hereby abolished.
---------------------------------------------------------------------------
    \40\ Subsec. (b) was substantially amended and restated by sec. 
413(c) of the Omnibus Diplomatic and Antiterrorism Act of 1986 (Public 
Law 99-399; 100 Stat. 868).
---------------------------------------------------------------------------
    (c) Report.--Not later than six months after the date of 
the enactment of this Act, the Secretary of State shall submit 
a report to the Congress on the steps the Secretary has 
undertaken to implement the provisions of the amendment made by 
subsection (a).

SEC. 151.\41\ EMPLOYEES OF THE UNITED NATIONS.

    (a) Initial Report.--Not later than 90 days after the date 
of enactment of this Act, the Secretary of State shall report 
to the Congress on whether, and the extent to which, 
international civil servants employed by the United Nations, 
including those seconded to the United Nations, are required to 
return all or part of their salaries to their respective 
governments. The Secretary shall also include in this report a 
description of the steps taken by the Department of State and 
by the United States Representative to the United Nations to 
correct this practice.
---------------------------------------------------------------------------
    \41\ 22 U.S.C. 287e.
---------------------------------------------------------------------------
    (b) Report on Steps to Correct Practice.--The Secretary of 
State shall determine and report to the Congress on whether 
substantial progress has been made by June 1, 1986, in 
correcting the practice of international civil servants 
employed by the United Nations being required to return all or 
part of their salaries to their respective governments.
    (c) Reduction in Contribution if Substantial Progress Not 
Made.--If the Secretary of State determines pursuant to 
subsection (b) that substantial progress has not been made in 
correcting this practice, the United States shall thereafter 
reduce the amount of its annual assessed contribution to the 
United Nations by the amount of that contribution which is the 
United States proportionate share of the salaries of those 
international civil servants employed by the United Nations who 
are returning any portion of their salaries to their respective 
governments.
    (d) National Taxation.--This section does not apply with 
respect to payments made for purposes of national taxation in 
accordance with formal treaty reservations concerning such 
taxation by a member state of the United Nations.

SEC. 152.\42\ REPRESENTATION OF MINORITIES AND WOMEN IN THE FOREIGN 
                    SERVICE.

    (a) Development of Program.--The head of each agency 
utilizing the Foreign Service personnel system shall develop, 
consistent with section 7201 of title 5 of the United States 
Code, a plan designed to increase significantly the number of 
members of minority groups and women in the Foreign Service in 
that agency.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 3922a. See also sec. 178 of the Foreign Relations 
Authorization Act, Fiscal Years 1995 and 1996 (Public Law 103-236; 108 
Stat. 414); and sec. 2318 of the Foreign Relations Authorizaiton Act, 
Fiscal Yearss 1998 and 1999 (subdivision B of division G of Public Law 
105(277; 112 Stat. 2681-829).
---------------------------------------------------------------------------
    (b) Emphasis on Mid-Levels.--Each plan developed pursuant 
to this section shall, consistent with section 7201 of title 5 
of the United States Code, place particular emphasis on 
achieving significant increases in the numbers of minority 
group members and women who are in the mid-levels of the 
Foreign Service.
    (c) \43\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \43\ Subsec. (c) was repealed by sec. 185(c)(3) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1331). It required the head of each agency utilizing 
Foreign Service personnel to report annually to the Congress on the 
plan developed pursuant to sec. 152.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 154.\44\ * * * [Repealed--1991]
---------------------------------------------------------------------------

    \44\ Sec. 154, relating to damages resulting from delays in the 
construction of the U.S. Embassy in Moscow, was repealed by sec. 
132(h)(2) of the Foreign Relations Authorization Act, Fiscal Years 1992 
and 1993 (Public Law 102-138; 105 Stat. 665).
---------------------------------------------------------------------------

SEC. 155.\45\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \45\ Sec. 804 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2329) repealed sec. 155, relating to Soviet and international Communist 
behavior.
---------------------------------------------------------------------------
          * * * * * * *

            TITLE II--UNITED STATES INFORMATION AGENCY \46\

          * * * * * * *
---------------------------------------------------------------------------
    \46\ For free-standing provisions of this title, see page 1309.
---------------------------------------------------------------------------

          TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \47\

          * * * * * * *
---------------------------------------------------------------------------
    \47\ Title III contained amendments to the Board for International 
Broadcasting Act of 1973. For free-standing provisions of this title, 
see page 1516.
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                   TITLE IV--THE ASIA FOUNDATION \48\

          * * * * * * *
---------------------------------------------------------------------------
    \48\ Title IV amended sec. 404 of the Asia Foundation Act.
---------------------------------------------------------------------------

                  TITLE V--IRAN CLAIMS SETTLEMENT \49\

          * * * * * * *
---------------------------------------------------------------------------
    \49\ For free-standing provisions of this title, see Legislation on 
Foreign Relations Through 2001, vol. IV, sec. N.
---------------------------------------------------------------------------

 TITLE VI--UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES 
                                  \50\

          * * * * * * *
---------------------------------------------------------------------------
    \50\ For text of this title, see page 1398.
---------------------------------------------------------------------------

              TITLE VII--ARMS CONTROL AND DISARMAMENT \51\

          * * * * * * *
---------------------------------------------------------------------------
    \51\ Title VII contained amendments to the Arms Control and 
Disarmament Act. For free-standing provisions of this title, see page 
1582.
---------------------------------------------------------------------------

               TITLE VIII--MISCELLANEOUS PROVISIONS \52\

          * * * * * * *
---------------------------------------------------------------------------
    \52\ Title VIII amended the National Emergencies Act, the Trading 
With the Enemy Act, and the United States-India Fund for Cultural, 
Educational, and Scientific Cooperation Act. Free-standing provisions 
are presented below, together with sec. 803, which amended sec. 39 of 
the Trading With the Enemy Act. Sec. 39 of the amended Act does not 
appear elsewhere in this volume.
---------------------------------------------------------------------------

SEC. 802. UNITED STATES INSTITUTE OF PEACE.

    It is the sense of the Congress that, pursuant to title 
XVII of the Department of Defense Authorization Act,\53\ 1985 
(22 U.S.C. 4601 et seq.), nominations to the Board of Directors 
for the United States Institute of Peace should be submitted to 
the Senate on a timely basis to permit implementation of the 
congressional mandate.
---------------------------------------------------------------------------
    \53\ 98 Stat. 2649.
---------------------------------------------------------------------------

SEC. 803.\52\ EX GRATIA PAYMENT TO THE GOVERNMENT OF SWITZERLAND.

    Section 39 of the Trading With the Enemy Act (62 Stat. 
1246, 50 U.S.C. App. 39) is amended by adding at the end 
thereof the following new subsection:
    ``(f) Notwithstanding any of the provisions of subsections 
(a) through (d) of this section, the Attorney General is 
authorized to pay from property vested in or transferred to the 
Attorney General under this Act, the sum of $20,000 as an ex 
gratia payment to the Government of Switzerland in accordance 
with the terms of the agreement entered into by that Government 
and the Government of the United States on March 12, 1980.''

SEC. 804.\54\ POLICY TOWARD APPLICATION OF THE YALTA AGREEMENT.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \54\ Sec. 103(c) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2320), relating to statutory provisions applicable to the Soviet 
Union, provided the following:
    ``(c) Findings and Affirmation.--The Congress finds and affirms 
that provisions such as those described in this section, including--* * 
*
---------------------------------------------------------------------------

          ``(2) sections 136 and 804 of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
        93), * * *
``should not be construed as being directed against Russia, Ukraine, or 
the other independent states of the former Soviet Union, connoting an 
adversarial relationship between the United States and the independent 
states, or signifying or implying in any manner unfriendliness toward 
the independent states.''.
---------------------------------------------------------------------------
    For complete list of related statutes, see sec. 103 of the 
FRIENDSHIP Act, in Legislation on Foreign Relations Through 2001, vol. 
I-B.
---------------------------------------------------------------------------
          (1) during World War II, representatives of the 
        United States, Britain, and the Soviet Union took part 
        in agreements and understandings concerning other 
        peoples and nations in Europe;
          (2) the Soviet Union has not adhered to its 
        obligation undertaken in the 1945 Yalta agreement to 
        guarantee free elections in the countries involved, 
        specifically the pledge for the ``earliest possible 
        establishment of free elections of government 
        responsive to the wills of the people and to facilitate 
        where necessary the holding of such elections'';
          (3) the strong desire of the people of Central and 
        Eastern Europe to exercise their national sovereignty 
        and self-determination and to resist Soviet domination 
        has been demonstrated on many occasions since 1945, 
        including armed resistance to the forcible Soviet 
        takeover of the Baltic Republics and resistance in the 
        Ukraine as well as in the German Democratic Republic in 
        1953, in Hungary in 1956, in Czechoslovakia in 1968, 
        and in Poland in 1956, 1970, and since 1980;
          (4) it is appropriate that the United States express 
        the hopes of the people of the United States that the 
        people of Central and Eastern Europe be permitted to 
        exercise their national sovereignty and self-
        determination free from Soviet interference; and
          (5) it is appropriate for the United States to reject 
        any interpretation or application that, as a result of 
        the signing of the 1945 Yalta executive agreements, the 
        United States accepts and recognizes in any way Soviet 
        hegemony over the countries of Eastern Europe.
    (b) Policy.--(1) The United States does not recognize as 
legitimate any spheres of influence in Europe and it reaffirms 
its refusal to recognize such spheres in the present or in the 
future, by repudiating any attempts to legitimize the 
domination of East European nations by the Soviet Union through 
the Yalta executive agreement.
    (2) The United States proclaims the hope that the people of 
Eastern Europe shall again enjoy the right to self-
determination within a framework that will sustain peace, that 
they shall again have the right to choose a form of government 
under which they shall live, and that the sovereign rights of 
self-determination shall be restored to them in accordance with 
the pledge of the Atlantic Charter and with provisions of the 
United Nations Charter \55\ and the Helsinki Final Act of the 
Conference on Security and Cooperation in Europe; \56\
---------------------------------------------------------------------------
    \55\55 Stat. 1600.
    \56\59 Stat. 1031.
---------------------------------------------------------------------------

SEC. 805.\57\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \57\ Sec. 903(c) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2330) repealed sec. 805, relating to treatment in the Soviet 
Union of pentecostals.
---------------------------------------------------------------------------

SEC. 806. DEMOCRACY ON TAIWAN.

    (a) Findings.--The Congress finds that--
          (1) peace has prevailed in the Taiwan Strait since 
        the normalization of relations between the United 
        States and the People's Republic of China;
          (2) the United States expects the future of Taiwan to 
        be settled peacefully and considers a secure Taiwan 
        free from external threat an indispensable element for 
        the island's further democratization and a goal set 
        forth in the Taiwan Relations Act;
          (3) the authorities on Taiwan are striving to achieve 
        greater democracy at the local level;
          (4) an increasing number of native Taiwanese have 
        been appointed to responsible positions at the 
        provincial and national level on Taiwan;
          (5) martial law measures tend to impede progress 
        toward democracy and to abridge guarantees of human 
        rights;
          (6) movement toward greater democracy on Taiwan 
        serves to bolster continued American public support for 
        the moral and legal responsibilities set forth in the 
        Taiwan Relations Act; \58\
---------------------------------------------------------------------------
    \58\ 22 U.S.C. 3301 note.
---------------------------------------------------------------------------
          (7) the United States, in the Taiwan Relations Act, 
        has reaffirmed as a national objective the preservation 
        and enhancement of the human rights of all the people 
        on Taiwan; and
          (8) the United States considers democracy a 
        fundamental human right.
    (b) Sense of Congress.--It is therefore the sense of the 
Congress that--
          (1) one important element of a peaceful future for 
        Taiwan is greater participation in the political 
        process by all the people on Taiwan; and
          (2) accordingly, the United States should encourage 
        the authorities on Taiwan, in the spirit of the Taiwan 
        Relations Act, to work vigorously toward this end.

SEC. 807. INCREASE UNITED STATES-CHINA TRADE.

    (a) Findings.--The Congress finds that--
          (1) the People's Republic of China has made 
        substantial progress in promoting market-oriented 
        practices throughout the Chinese economy;
          (2) the Chinese economy has responded to this 
        increased liberalization with record growth that last 
        year alone resulted in increases in the real gross 
        national product of an estimated 13 percent;
          (3) this growth has created significant new demand 
        for a vast array of products and services that can be 
        met by American producers;
          (4) United States trade with the People's Republic of 
        China totalled only $6,000,000,000 in 1984 and was 
        again in deficit by more than $50,000,000;
          (5) increased exports are essential to the creation 
        of American jobs and to the vitality of the American 
        economy; and
          (6) the People's Republic of China represents the 
        world's largest potential market.
    (b) Sense of Congress.--It is the sense of the Congress 
that, consistent with overall American foreign policy and 
national security objectives, the Secretary of State and the 
Secretary of Commerce should take appropriate steps to increase 
United States-China trade with a view to improving the trade 
balance, increasing American jobs through export growth, and 
assuring significant United States participation in the growing 
Chinese market.
          * * * * * * *

SEC. 809. REFUGEES IN THAILAND.

    (a) Appreciation for the Response of the Government of 
Thailand.--The Congress recognizes and expresses appreciation 
for the extraordinary willingness of the Government of Thailand 
to respond in a humanitarian way to the influx of refugees 
fleeing Vietnamese communist oppression.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) Cambodians, Laotians, and Vietnamese seeking 
        asylum and refuge in Thailand should not be 
        involuntarily repatriated or otherwise put at risk; and
          (2) every effort should be made to provide increased 
        security for refugees in camps in Thailand which should 
        include an increased presence by international 
        humanitarian organizations.
    (c) Review of Certain Cambodian Refugees.--
          (1) The Secretary of State should--
                  (A) work with the Government of Thailand and 
                the United Nations High Commissioner for 
                Refugees to conduct a review of the status of 
                Cambodians who have not been permitted to 
                register at refugee camps in Thailand; and
                  (B) implement a humanitarian solution to 
                their plight.
          (2) The Secretary of State, with the assistance of 
        appropriate agencies, should conduct a review of those 
        Cambodians who have been rejected for admission to the 
        United States to ensure such decisions are consistent 
        with the letter and spirit of United States refugee and 
        immigration law.
          (3) The Secretary of State, with the assistance of 
        appropriate agencies, should institute as expeditiously 
        as possible a family reunification program for those 
        refugees in Thailand, including those at the border who 
        have family members in the United States.
          (4) The Secretary of State should provide for a 
        program of educational assistance for Cambodians in the 
        border camps and for improved literacy training in all 
        camps.

SEC. 810. POLICY REGARDING FOREIGN EXCHANGE INTERVENTION.

    (a) Findings.--The Congress finds and declares that--
          (1) the trade deficit looms larger than any other 
        threat to the ability of the United States to generate 
        jobs and create economic well-being;
          (2) the trade deficit continues to deteriorate even 
        from the 1984 level of $123,000,000,000;
          (3) the trade deficit will continue to deteriorate 
        until the value of the dollar declines on foreign 
        exchange markets;
          (4) the dollar's rise may slow down but is unlikely 
        to fall sufficiently as a result of Congress' 
        contemplated budget deficit reduction measures;
          (5) the value of the dollar would probably fall under 
        a number of tax reform proposals but industries losing 
        market share due to the exchange rate may not be able 
        to wait for a complete tax package;
          (6) the only remaining timely option for lowering the 
        value of the dollar is intervention in foreign exchange 
        markets by the Secretary of the Treasury or the Federal 
        Reserve Board;
          (7) any such intervention must be strong enough to 
        achieve the intent of the Congress of lowering the 
        dollar's value but sufficiently moderate to prevent a 
        sudden drop in its value;
          (8) any such intervention in order to assure a 
        gradual decline and protect against too large a drop in 
        the value of the dollar, will require coordinated 
        action by the central banks of Europe and Japan as well 
        as the United States; and
          (9) such coordination is especially important to 
        strengthen economic and political ties with the allies 
        of the United States and to promote consistent 
        macroeconomic policies to the mutual benefit of all.
    (b) Sense of Congress.--Therefore, it is the sense of the 
Congress that--
          (1) the Secretary of the Treasury and the Chairman of 
        the Federal Reserve Board, in concert with United 
        States allies and coordinated with the central banks of 
        the Group of Five or other major central banks, should 
        take such steps as are necessary to lower gradually the 
        value of the dollar;
          (2) such steps should not exclude intervention in the 
        foreign exchange markets;
          (3) the Secretary of the Treasury and the Chairman of 
        the Federal Reserve Board should work to ensure that 
        the domestic macroeconomic policies of the United 
        States and its allies are forged to reinforce rather 
        than oppose one another.

SEC. 811. COMMENDING MAYOR TEDDY KOLLEK OF JERUSALEM.

    (a) Findings.--The Congress finds that--
          (1) Mayor Teddy Kollek has worked to promote harmony 
        among all the people of Jerusalem; and
          (2) he has promoted freedom of access to religious 
        shrines for Muslims, Christians, and Jews; and
          (3) through his efforts the aesthetic character of 
        the city has been enhanced.
    (b) Commendation.--Therefore, the Congress commends Mayor 
Kollek for his efforts over the years.

SEC. 812.\59\ JAPAN-UNITED STATES SECURITY RELATIONSHIP AND EFFORTS BY 
                    JAPAN TO FULFILL SELF-DEFENSE RESPONSIBILITIES.

    (a) Findings.--The Congress hereby finds--
---------------------------------------------------------------------------
    \59\ 22 U.S.C. 1928 note. Sec. 139(14) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 398), repealed subsec. (c) of this section, which had required 
that the President report annually on Japan's progress toward 
fulfilling its common defense commitment.
---------------------------------------------------------------------------
          (1) the Japan-United States security relationship is 
        the foundation of the peace and security of Japan and 
        the Far East, as well as a major contributor to the 
        protection of the United States and of the democratic 
        freedoms and economic prosperity enjoyed by both the 
        United States and Japan;
          (2) the threats to our two democracies have increased 
        significantly since 1976, principally through the 
        Soviet invasion of Afghanistan, the expansion of Soviet 
        armed forces in the Far East, the invasion of Cambodia 
        by Vietnam, and the instability in the Persian Gulf 
        region as signified by the continuing Iran-Iraq 
        conflict;
          (3) in recognition of these and other threats, the 
        United States has greatly increased its annual defense 
        spending through sustained real growth averaging 8.8 
        percent yearly between fiscal 1981 and 1985, and 
        cumulative real growth of 50 percent in that period;
          (4) the United States Government appreciates the May 
        1981 commitment by the Prime Minister of Japan that, 
        pursuant to the Treaty of Mutual Cooperation and 
        Security of 1960 between Japan and the United States, 
        Japan,\60\ on its own initiative, would seek to make 
        even greater efforts for improving its defense 
        capabilities, and pursuant to Japan's own Constitution, 
        it was national policy for his country to acquire and 
        maintain the self-defense forces adequate for the 
        defense of its land area and surrounding airspace and 
        sealanes, out to a distance of 1,000 miles;
---------------------------------------------------------------------------
    \60\ 11 UST 1632.
---------------------------------------------------------------------------
          (5) the United States Government applauds the policy 
        of Japan to obtain the capabilities to defend its sea 
        and air lanes out to 1,000 miles, expects that these 
        capabilities should be acquired by the end of the 
        decade, and recognizes that achieving those 
        capabilities would significantly improve the national 
        security of both Japan and the United States;
          (6) the United States Government appreciates the 
        contribution already made by Japan through the Host 
        Nation Support Program and its recent efforts to 
        increase its defense spending; and
          (7) Japan, however, in recent years consistently has 
        not provided sufficient funding and resources to meet 
        its self-defense needs and to meet common United 
        States-Japan defense objectives and alliance 
        responsibilities.
    (b) Sense of Congress.--It is the sense of the Congress 
that Japan, to fulfill its self-defense responsibilities 
pursuant to the 1960 Mutual Cooperation and Security Treaty 
with the United States, and in accordance with the national 
policy declaration made by its Prime Minister in May 1981, to 
develop a 1,000-mile airspace and sealanes defense capability, 
should implement a 1986-1990 Mid-Term Defense Plan containing 
sufficient funding, program acquisition, and force development 
resources to obtain the agreed-upon 1,000 mile self-defense 
capabilities by the end of the decade, including the allocation 
of sufficient budgetary resources annually to reduce 
substantially the ammunition, logistics, and sustainability 
shortfalls of its self-defense forces.

SEC. 813.\61\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \61\ Sec. 501(e) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2326) repealed sec. 813, relating to U.S.-Soviet diplomatic 
equivalence and reciprocity.
---------------------------------------------------------------------------

SEC. 814.\62\ UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS 
                    CONTROL.\63\

    (a) Establishment.--There is established the United States 
Senate Caucus on International Narcotics Control (hereafter in 
this section referred to as the ``Caucus'').\63\
---------------------------------------------------------------------------
    \62\ 22 U.S.C. 2291 note.
    \63\ Sec. 306 of the Legislative Branch Appropriations Act, 1986 
(Public Law 99-151; 99 Stat. 808), redesignated the United States 
International Narcotics Control Commission as the United States Senate 
Caucus on International Narcotics Control.
---------------------------------------------------------------------------
    (b) Duties.--The Caucus \63\ is authorized and directed--
          (1) to monitor and promote international compliance 
        with narcotics control treaties, including eradication 
        and other relevant issues; and
          (2) to monitor and encourage United States Government 
        and private programs seeking to expand international 
        cooperation against drug abuse and narcotics 
        trafficking.
    (c) Membership.--(1) The Caucus \63\ shall be composed of 
12 members as follows:
          (A) 7 Members of the Senate appointed by the 
        President of the Senate, 4 of whom (including the 
        member designated as Chairman) shall be selected from 
        the majority party of the Senate, after consultation 
        with the majority leader, and 3 of whom (including the 
        member designated as Cochairman) shall be selected from 
        the minority party of the Senate, after consultation 
        with the minority leader.
          (B) 5 members of the public to be appointed by the 
        President after consultation with the members of the 
        appropriate congressional committees.
    (2) There shall be a Chairman and a Cochairman of the 
Caucus.\63\
    (d) Powers.--In carrying out this section, the Caucus \63\ 
may require, by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production of such books, 
records, correspondence, memorandums, papers, and documents as 
it deems necessary. Subpoenas may be issued over the signature 
of the Chairman of the Caucus \63\ or any member designated by 
him, and may be served by any person designated by the Chairman 
or such member. The Chairman of the Caucus,\63\ or any member 
designated by him, may administer oaths to any witness.
    (e) Report by President to Caucus.--In order to assist the 
Caucus \63\ in carrying out its duties, the President shall 
submit to the Caucus \63\ a copy of the report required by 
section 489 \64\ of the Foreign Assistance Act of 1961 (22 
U.S.C. 2991(e)).
---------------------------------------------------------------------------
    \64\ Formerly read ``481(e)''. Sec. 6(a) of the International 
Narcotics Act of 1992 (Public Law 102-583; 106 Stat. 4932) provided 
that any reference in any provision of law enacted before November 2, 
1992, to section 481(e) shall be deemed to be a reference to section 
489.
---------------------------------------------------------------------------
    (f) Report to Senate.--The Caucus \63\ is authorized and 
directed to report to the Senate with respect to the matters 
covered by this section on a periodic basis and to provide 
information to Members of the Senate as requested. For each 
fiscal year for which an appropriation is made the Caucus \63\ 
shall submit to the Congress a report on its expenditures under 
such appropriation.
    (g) Authorization of Appropriations.--(1) There are 
authorized to be appropriated to the Caucus \63\ $370,000 \65\ 
for each fiscal year, to remain available until expended, to 
assist in meeting the expenses of the Caucus \63\ for the 
purpose of carrying out the provisions of this section.
---------------------------------------------------------------------------
    \65\ Sec. 625(a) of Public Law 105-119 (111 Stat. 2522) struck out 
``$325,000'' and inserted in lieu thereof ``$370,000''.
---------------------------------------------------------------------------
    (2) For purposes of section 502(b) of the Mutual Security 
Act of 1954 (22 U.S.C. 1754(b)), the Caucus \63\ shall be 
deemed to be a standing committee of the Senate and shall be 
entitled to the use of funds in accordance with such section.
    (h) Staff.--The Caucus \63\ may appoint and fix the pay of 
such staff personnel as it deems desirable, without regard to 
the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and General Schedule 
pay rates.\66\
---------------------------------------------------------------------------
    \66\ 5 U.S.C. 5101 et seq., 5331.
---------------------------------------------------------------------------
    (i) Termination.--The Caucus \63\ shall cease to exist on 
September 30, 2002.\67\
---------------------------------------------------------------------------
    \67\ Sec. 7 of the Legislative Branch Appropriations Act, 2000 
(public Law 106-57; 113 Stat. 412), struck out ``September 30, 1999'' 
and inserted in lieu thereof ``September 30, 2002''. Previously, sec. 
625(b) of Public Law 105-119 (111 Stat. 2522) struck out ``September 
30, 1997'' and inserted in lieu thereof ``September 30, 1999''; sec. 
323 of the Legislative Branch Appropriations Act, 1993 (Public Law 102-
392; 106 Stat. 1726) struck out ``September 30, 1988'' and inserted in 
lieu thereof ``September 30, 1997''; ``1988'' was substituted in lieu 
of ``1987'' by sec. 5 of title I of the Legislative Branch 
Appropriations Act, 1988 (sec. 101(i) of the Continuing Appropriations 
for 1988; Public Law 100-202; 101 Stat. 1329).
  o. Department of State Authorization Act, Fiscal Years 1984 and 1985

Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017, approved 
 November 22, 1983, as amended by Public Law 99-93 [Foreign Relations 
  Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 
405, approved August 16, 1985; Public Law 99-415 [Anglo-Irish Agreement 
Support Act of 1986, H.R. 4329], 100 Stat. 949, approved September 19, 
 1986; Public Law 100-204 [Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989; H.R. 1777], 101 Stat. 1331, approved December 22, 
1987; Public Law 100-459 [Department of State Appropriations Act, 1989; 
 H.R. 4782], 102 Stat. 2207, approved October 1, 1988; Public Law 101-
  515 [Department of State Appropriations Act, 1991; H.R. 5021], 104 
   Stat. 2101 at 2128, approved November 5, 1990; Public Law 103-236 
[Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 
 2333], 108 108 Stat. 382, approved April 30, 1994; Public Law 106-113 
[Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by reference], 113 
                 Stat. 1501, approved November 29, 1999


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.



 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                      TITLE I--DEPARTMENT OF STATE

                              short title

    Sec. 101. This title and title X of this Act may be cited 
as the ``Department of State Authorization Act, Fiscal Years 
1984 and 1985''.

                    authorizations of appropriations

    Sec. 102. In addition to amounts otherwise authorized for 
such purposes, 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 other 
purposes authorized by law:
          (1) For ``Administration of Foreign Affairs'', 
        $1,486,213,000 for the fiscal year 1984 \1\ and 
        $1,580,820,000 for the fiscal year 1985.\2\
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    \1\ The Department of State Appropriations Act, 1984 (Public Law 
98-166) appropriated $1,406,497,000 for the ``Administration of Foreign 
Affairs'' during fiscal year 1984, itemized in the following manner: 
salaries and expenses--$1,114,810,000; representation allowances--
$4,148,000; acquisition, operation, and maintenance of buildings 
abroad--$160,000,000; acquisition, operation, and maintenance of 
buildings abroad (special foreign currency program)--$10,012,000; 
emergencies in the diplomatic and consular service--$4,356,000; payment 
to the American Institute in Taiwan--$9,380,000; and payment to the 
Foreign Service Retirement and Disability Fund--$103,791,000.
    The Second Supplemental Appropriations Act, 1984 (Public Law 98-
396) for additional amounts provided for ``Administration of Foreign 
Affairs'' during fiscal year 1984.
    \2\ The Department of State Appropriations Act, 1985 (title III of 
Public Law 98-411) appropriated $1,631,721,000 for the ``Administration 
of Foreign Affairs'' during fiscal year 1985, itemized in the following 
manner: salaries and expenses--$1,264,901,000; reopening consulates--
$1,929,000; representation allowances--$4,500,000; protection of 
foreign missions and officials--$9,500,000; acquisition, operation, and 
maintenance of buildings abroad--$211,000,000; acquisition, operation, 
and maintenance of buildings abroad (special foreign currency program--
$19,353,000; emergencies in the diplomatic and consular service--
$4,000,000; payment to the American Institute in Taiwan--$9,800,000; 
and payment to the Foreign Service Retirement and Disability Fund--
$106,738,000.
    In addition, sec. 139 of the Continuing Appropriations Act, 1985 
(Public Law 98-473) appropriated $110,200,000 for the ``Administration 
of Foreign Affairs'' during fiscal year 1985, itemized in the following 
manner: salaries and expenses--$81,200,000; acquisition, operation, and 
maintenance of buildings abroad--$28,000,000; and emergencies in the 
diplomatic and consular service (to pay rewards for information 
concerning terrorist acts)--$1,000,000.
---------------------------------------------------------------------------
          (2) For ``International Organizations and 
        Conferences'', $602,343,000 for the fiscal year 1984 
        \3\ and $602,343,000 for the fiscal year 1985.\4\
---------------------------------------------------------------------------
    \3\ The Department of State Appropriations Act, 1984 (Public Law 
98-166) appropriated $595,694,000 for ``International Organizations and 
Conferences'' during fiscal year 1984, itemized in the following 
manner: contributions to international organizations--$520,515,000; 
contributions to international peacekeeping activities--$66,279,000; 
and international conferences and contingencies--$8,910,000.
    The Supplemental Appropriations Act, 1985 (Public Law 99-88) 
appropriated funds for the ``Administration of Foreign Affairs'' in the 
following manner: Salaries and expenses--$73,342,000 (plus $12,781,000 
transferred from ``Contributions to International Organizations); 
acquisition, operation, and maintenance of buildings abroad--
$167,579,000 (plus $2,000,000 for the Special Foreign Currency 
Program); payment to the Foreign Service Retirement and Disability 
Fund--$5,399,000.
    \4\ The Department of State Appropriations Act, 1985 (title III of 
Public Law 98-411) appropriated $559,067,200 for ``International 
Organizations and Conferences'' during fiscal year 1985, itemized in 
the following manner: contributions to international organizations--
$501,667,200; contributions to international peacekeeping activities--
$47,400,000; and international conferences and contingencies--
$10,000,000.
    The Supplemental Appropriations Act, 1985 (Public Law 99-88) 
appropriated a $1,200,000 transfer of funds for International Fisheries 
Commissions from ``Contributions to International Organizations'', and 
$1,000,000 for the Fishermen's Protective Fund.
---------------------------------------------------------------------------
          (3) For ``International Commissions'', $23,207,000 
        for the fiscal year 1984 \5\ and $25,355,000 for the 
        fiscal year 1985.\6\
---------------------------------------------------------------------------
    \5\ The Department of State Appropriations Act, 1984 (Public Law 
98-166) appropriated $23,625,000 for ``International Commissions'' 
during fiscal year 1984, itemized in the following manner: 
International Boundary and Water Commission, United States and Mexico 
(salaries and expenses)--$10,651,000 and (construction)--$672,000; 
American sections, international commissions--$3,426,000; and 
international fisheries commissions--$8,876,000.
    Title II of the Second Supplemental Appropriations Act, 1984 
(Public Law 98-396) appropriated additional funds for increased pay 
costs during fiscal year 1984 for ``International Commissions'' as 
follows: International Boundary and Water Commission, United States and 
Mexico--$125,000; and American Sections, international commissions--
$38,000.
    \6\ The Department of State Appropriations Act, 1985 (title III of 
Public Law 98-411) appropriated $27,185,000 for ``International 
Commissions'' during fiscal year 1985, itemized in the following 
manner: International Boundary and Water Commission, United States and 
Mexico--$12,000,000 (salaries and expenses) and $2,400,000 
(construction); American sections, international commissions--
$3,685,000; and international fisheries commissions--$9,100,000.
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          (4) For ``Migration and Refugee Assistance'', 
        $344,500,000 for the fiscal year 1984 \7\ and 
        $326,400,000 for the fiscal year 1985.\8\
---------------------------------------------------------------------------
    \7\ The Foreign Assistance Appropriations Act, 1984 (sec. 101(b)(1) 
of Public Law 98-151) appropriated $323,000,000 for ``Migration and 
Refugee Assistance'' during fiscal year 1984.
    In addition, supplemental funds for migration and refugee 
assistance during fiscal year 1984 were provided in two acts, as 
follows: Supplemental Appropriations, 1984 (Public Law 98-332)--
$7,000,000 for assistance to displaced persons in El Salvador; and 
Second Supplemental Appropriations Act, 1984 (Public Law 98-396)--
$7,650,000, of which $2,000,000 is available for ``International 
disaster assistance'' for medical and medically related assistance for 
Afghan refugees.
    \8\ The Foreign Assistance Appropriations Act, 1985 (sec. 101(g) of 
the Continuing Appropriations Act, 1985; (Public Law 98-473) 
appropriated $325,500,000 for ``Migration and Refugee Assistance'' 
during fiscal year 1985.
    The Supplemental Appropriations Act, 1985 (Public Law 99-88, 99 
Stat 329) transferred and additional amount of $12,500,000 for 
``migration and refugee assistance'' from the ``Economic Support Fund'' 
for Lebanon as provided in Public Law 98-63: Provided, That this amount 
shall be available only for Soviet, Eastern European and other refugees 
resettling in Israel.
---------------------------------------------------------------------------
          (5) For ``United States Bilateral Science and 
        Technology Agreements'', $1,700,000 for the fiscal year 
        1984 \9\ and $1,700,000 for the fiscal year 1985.
---------------------------------------------------------------------------
    \9\ The Department of State Appropriations Act, 1984 (Public Law 
98-166) appropriated $1,683,000 for ``United States Bilateral Science 
and Technology Agreements'' during fiscal year 1984.
---------------------------------------------------------------------------

           improvement of consular facilities in mexico city

    Sec. 103. In addition to the amounts authorized to be 
appropriated by section 102(1) of this Act, there are 
authorized to be appropriated for ``Administration of Foreign 
Affairs'' for the fiscal year 1984, $4,000,000 to be used for 
the purchase of land for and the construction of additional 
consular facilities, and for certain improvements in existing 
consular facilities, at the United States Embassy in Mexico 
City, Mexico.

   additional positions for political and economic reporting and for 
          international communications and information policy

    Sec. 104. The Secretary of State shall allocate such funds 
as may be necessary of the amounts appropriated to the 
Department of State for the fiscal year 1984 for 
``Administration of Foreign Affairs'' in order to fund 73 
additional positions for political and economic reporting and 
11 additional positions for international communications and 
information policy. The positions funded pursuant to this 
section shall be in addition to the positions which the 
Department was authorized to have in fiscal year 1983 plus the 
number of additional positions which have been requested for 
the Department for the fiscal year 1984.

                    alternate communications center

    Sec. 105. Of the funds authorized to be appropriated under 
paragraph (1) of section 102, not less than $3,000,000 for the 
fiscal year 1984 and not less than $7,000,000 for the fiscal 
year 1985 shall be available only to cover expenses related to 
the establishment in the State of Maryland of an alternative 
communications center for the Department of State in order to 
secure the uninterrupted transmission of communications related 
to the foreign policy and national security interests of the 
United States and of communications of other departments and 
agencies of the United States.

     national commission on educational, scientific, and cultural 
                              cooperation

    Sec. 106. (a) Section 5 of the joint resolution entitled 
``Joint Resolution providing for membership and participation 
by the United States in the United Nations Educational, 
Scientific, and Cultural Organization, and authorizing an 
appropriation therefor'', approved July 30, 1946 (22 U.S.C. 
287q), is amended by repealing the eighth sentence.
    (b) Of the amounts authorized to be appropriated for 
``Administration of Foreign Affairs'' by section 102(1) of this 
Act, $250,000 for each of the fiscal years 1984 and 1985 shall 
be available only for the expenses of the secretariat of the 
National Commission on Educational, Scientific, and Cultural 
Cooperation.

               coordinating committee on export controls

    Sec. 107. Of the funds authorized to be appropriated for 
the fiscal year 1984 under paragraph (2) of section 102, 
$2,000,000 shall be used to modernize the facilities and 
operating procedures of the Coordinating Committee on Export 
Controls. The Congress finds that the executive branch should 
seek cost sharing arrangements with other member countries to 
modernize both the facilities and operations of the 
Coordinating Committee on Export Controls.

                       world heritage trust fund

    Sec. 108. Of the funds authorized to be appropriated by 
paragraph (2) of section 102, not less than $248,500 for each 
of the fiscal years 1984 and 1985 shall be available only for 
the United States contribution to the World Heritage Trust 
Fund.

                       interparliamentary groups

    Sec. 109. (a) \10\ * * *
---------------------------------------------------------------------------
    \10\ Subsec. (a) amended the Act of July 11, 1956 (22 U.S.C. 1928e) 
authorizing U.S. participation in parliamentary conferences of the 
North Atlantic Treaty Organization. For text of this Act, see 
Legislation on Foreign Relations Through 2001, vol. IV, sec. N.
---------------------------------------------------------------------------
    (b) There are authorized to be appropriate each fiscal year 
$50,000, to be equally divided between delegations of the 
Senate and the House of Representatives, to assist in \11\ 
meeting the expenses of the United States Group \12\ of the 
British-American Parliamentary Group.\12\ Amounts appropriated 
under this section are authorized to remain available until 
expended.
---------------------------------------------------------------------------
    \11\ Sec. 304(b)(1) of the Department of State Appropriations Act 
(Public Law 101-515; 104 Stat. 2128) struck out ``Of the amount 
appropriated for the purposes authorized by the amendment made by 
subsection (a) of this section, up to $25,000 may be used to meet the 
expenses incurred in hosting the spring 1984'' and inserted in lieu 
thereof ``There are authorized to be appropriate each fiscal year 
$50,000, to be equally divided between delegations of the Senate and 
the House of Representatives, to assist in''.
    \12\ Sec. 304(b)(2) of the Department of State Appropriations Act 
(Public Law 101-515; 104 Stat. 2128) inserted ``the expenses of the 
United States Group'' after ``meeting''.
    Sec. 304(b)(3) and (4) of that Act, respectively, struck out 
``which is to be held in the United States'' after ``Group'', and added 
the last sentence.
---------------------------------------------------------------------------
    (c) \13\ There are authorized to be appropriated for each 
fiscal year $50,000 for expenses of United States participation 
in the Transatlantic Legislators' Dialogue (United States-
European Union Interparilamentary Group).
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 276 note. Sec. 701(a) of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public 
Law 106-113; 113 Stat. 1536), struck out ``United States-European 
Community Interparliamentary Group'' and inserted in lieu thereof at 
the end of the sentence ``Transatlantic Legislators' Dialogue (United 
States-European Union Interparilamentary Group)''. Previously, sec. 303 
of the Department of State Appropriations Act, 1989 (Public Law 100-
459; 102 Stat. 2207), extensively amended subsec. (c), to take effect 
October 1, 1988. It formerly read as follows:
    ``Of the amounts authorized to be appropriated for each fiscal year 
for `International Organizations and Conferences' $50,000 may be used 
for expenses of United States participation in the United States-
European Community Interparliamentary Group.''.
    Subsec. (c) was amended previously by sec. 7(b) of Public Law 99-
415 (100 Stat. 949).
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                     piracy in the gulf of thailand

    Sec. 110. Of the amounts authorized to be appropriated for 
``Migration and Refugee Assistance'' by section 102(4) of this 
Act, $5,000,000 for each of the fiscal years 1984 and 1985 
shall be used for assistance to combat piracy in the Gulf of 
Thailand.

             relief assistance for el salvador and lebanon

    Sec. 111. Notwithstanding any other provision of law, of 
the funds authorized to be appropriated for fiscal year 1984 
under section 102(4) of this Act--
          (1) $10,000,000 shall be available only for El 
        Salvador for relief assistance for displaced persons; 
        and
          (2) up to $25,000,000, but not less than $5,000,000 
        shall be available only for Lebanon for relief and 
        rehabilitation assistance for refugees and displaced 
        persons.

                world intellectual property organization

    Sec. 112. The joint resolution entitled ``Joint Resolution 
to authorize appropriations incident to United States 
participation in the International Bureau for the Protection of 
Industrial Property'', approved July 12, 1960 (22 U.S.C. 
269(f)), is amended by striking out all after the resolving 
clause and inserting in lieu thereof the following: ``That 
funds appropriated to the Secretary of State for `International 
Organizations and Conferences' shall be available for the 
payment by the United States of its proportionate share of the 
expenses of the International Bureau for the Protection of 
Industrial Property for any year after 1981 as determined under 
article 16(4) of the Paris Convention for the Protection of 
Industrial Property, as revised, except that in no event shall 
the payment for any year exceed 6.6 percent of all expenses of 
the Bureau apportioned among countries for that year.''.

         restriction on assessed payments to the united nations

    Sec. 113. None of the funds authorized to be appropriated 
by this Act shall be used to make assessed payments to the 
United Nations, the United Nations Educational, Scientific, and 
Cultural Organization, the World Health Organization, the Food 
and Agriculture Organization, and the International Labor 
Organization which, in the aggregate, are in excess of the 
aggregate calendar year 1983 United States assessed 
contributions to such organizations.

restrictions relating to the palestine liberation organization and the 
                south west africa people's organization

    Sec. 114.\14\ (a) Funds appropriated for any fiscal year 
for the Department of State for ``International Organizations 
and Conferences'' may not be used for payment by the United 
States, as its contribution toward the assessed budget of the 
United Nations for any year, of any amount which would cause 
the total amount paid by the United States as its assessed 
contribution for that year to exceed the amount assessed as the 
United States contribution for that year less--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 287e note. Sec. 705 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1331), added subpar. (3) and redesignated the subpars. that 
follow. Subpars. (5), (6) and (7) were originally added as subpars. 
(4), (5), and (6) respectively by sec. 144 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 
Stat. 405).
    Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law, including sec. 114 of this Act, 
as they applied to the P.L.O. or entities associated with it if certain 
conditions were met and the President so certified and consulted with 
relevant congressional committees. This authority was continued in the 
Middle East Peace Facilitation Act of 1994 (part E of Public Law 103-
236) and the Middle East Peace Facilitation Act of 1995, (title VI of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1996; Public Law 104-107).
    The President issued such a certification in Presidential 
Determination No. 94-13 of January 14, 1994 (59 F.R. 4777), which was 
extended until January 1, 1995, by Presidential Determination No. 94-30 
of June 30, 1994 (59 F.R. 35607); until July 1, 1995, by Presidential 
Determination No. 95-12 of December 31, 1994 (60 F.R. 2673); until 
August 15, 1995, by Presidential Determination No. 95-31 of July 2, 
1995 (60 F.R. 35827); until October 1, 1995, by Presidential 
Determination No. 95-36 of August 14, 1995 (60 F.R. 44725); until 
November 1, 1995, by Presidential Determination No. 95-50 of September 
30, 1995 (60 F.R. 53093); until December 31, 1995, by Presidential 
Determination No. 96-5 of November 13, 1995 (60 F.R. 57821); until 
March 31, 1996, by Presidential Determination No. 96-8 of January 4, 
1996 (61 F.R. 2889); until June 15, 1996, by Presidential Determination 
No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 12, 1996, by 
Presidential Determination No. 96-32 of June 14, 1996 (61 F.R. 32629); 
until February 12, 1997, by Presidential Determination No. 96-41 of 
August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
    Authority to waive certain provisions is continued in general 
provisions of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 
24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429; 
114 Stat. 1900); see secs. 538(d), 551, 554, and 562. See also sec. 574 
of that Act, which prohibits assistance to the Palestinian Broadcasting 
Corporation.
    On December 5, 1997, the President waived the provisions of section 
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through 
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255); 
further waived through November 26, 1998 (Presidential Determination 
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999 
(Presidential Determination No. 99-5; November 25, 1998; 63 F.R. 
68145); through October 21, 1999 (Presidential Determination No. 99-25; 
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential 
Determination No. 00-2; October 21, 1999; 64 F.R. 58755); through 
October 21, 2000 (Presidential Determination No. 2000-19; April 21, 
2000; 65 F.R. 24852); and through October 17, 2001 (Presidential 
Determination No. 01-13; April 17, 2001; 66 F.R. 20585).
---------------------------------------------------------------------------
          (1) 25 percent of the amount budgeted for that year 
        for the Committee on the Exercise for the Inalienable 
        Rights of the Palestinian People (for any similar 
        successor entity);
          (2) 25 percent of the amount budgeted for that year 
        for the Special Unit on Palestinian Rights (for any 
        similar successor entity);
          (3) 25 percent of the amount budgeted for that year 
        for the Special Committee to Investigate Israeli 
        Practices Affecting the Human Rights of the Population 
        of the Occupied Territories (or any similar successor 
        entity);
          (4) 25 percent of the amount budgeted for that year 
        for projects whose primary purpose is to provide 
        benefits to the Palestine Liberation Organization or 
        entities associated with it or to the South West Africa 
        People's Organization;
          (5) 25 percent of the amount budgeted for that year 
        for the Second Decade to Combat Racism and Racial 
        Discrimination;
          (6) 25 percent of the amount budgeted for any other 
        United Nations agency or conference whose sole or 
        partial purpose is to implement the provisions of 
        General Assembly Resolution 33/79; and
          (7) 25 percent of the amount budgeted for the General 
        Assembly-approved $73,500,000 conference center to be 
        constructed for the Economic Commission for Africa 
        (ECA) in the Ethiopian capital of Addis Ababa.
    (b) Funds appropriated for any fiscal year for the 
Department of State for ``International Organizations and 
Conferences'' may not be used for payment by the United States, 
as its contribution toward the assessed budget of any 
specialized agency of the United Nations for any year, of any 
amount which would cause the total amount paid by the United 
States as its assessed contribution for that year to exceed the 
amount assessed as the United States contribution for that year 
less 25 percent of the amount budgeted by such agency for that 
year for projects whose primary purpose is to provide benefits 
to the Palestine Liberation Organization or entities associated 
with it or to the South West Africa People's Organization.
    (c) The President shall annually review the budgets of the 
United Nations and its specialized agencies to determine which 
projects have the primary purpose of providing benefits to the 
Palestine Liberation Organization or to the South West Africa 
People's Organization. The President shall report to the 
Congress on any such project for which a portion of the United 
States assessed contribution is withheld and the amount 
withheld.
    (d) Subsections (a)(3) and (b) shall not be construed as 
limiting United States contributions to the United Nations or 
its specialized agencies for projects whose primary purpose is 
to provide humanitarian, educational, developmental, and other 
nonpolitical benefits.

    united states participation in the united nations if israel is 
                           illegally expelled

    Sec. 115.\15\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 287e note.
---------------------------------------------------------------------------
          (1) the United Nations was founded on the principle 
        of universality;
          (2) the United Nations Charter stipulates that 
        members may be suspended by the General Assembly only 
        ``upon the recommendation of the Security Council''; 
        and
          (3) any move by the General Assembly that would 
        illegally deny Israel its credentials in the Assembly 
        would be a direct violation of these provisions of the 
        Charter.
    (b) \16\ If Israel is illegally expelled, suspended, denied 
its credentials, or in any other manner denied its right to 
participate in any principal or subsidiary organ or in any 
specialized, technical, or other agency of the United Nations, 
the United States shall suspend its participation in any such 
organ or agency until the illegal action is reversed. The 
United States shall reduce its annual assessed contribution to 
the United Nations or such specialized agency by 8.34 percent 
for each month in which United States participation is 
suspended pursuant to this section.\17\ Nothing in this section 
may be construed to diminish or to affect United States 
participation in the United Nations Security Council or the 
Safeguards Program of the International Atomic Energy 
Agency.\18\
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    \16\ The first sentence of subsec. (b) was amended and restated by 
sec. 704 of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989 (Public Law 100-204; 101 Stat. 1331). It formerly read as 
follows:
    ``If Israel is illegally expelled, suspended, denied its 
credentials, or in any other manner denied its right to participate in 
the General Assembly of the United Nations or any specialized agency of 
the United Nations, the United States shall suspend its participation 
in the General Assembly or such specialized agency until the illegal 
action is reversed.''.
    \17\ Sec. 142 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 405), substituted this 
sentence in lieu of: ``The United States shall withhold payment of its 
assessed contribution to the United Nations or a specialized agency 
during any period in which United States participation is suspended 
pursuant to this section.''.
    \18\ The last sentence of subsec. (b) was added by sec. 704(b) of 
the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 
(Public Law 100-204; 101 Stat. 1331).
---------------------------------------------------------------------------

      review of united states participation in the united nations

    Sec. 116. (a) The Congress finds that--
          (1) the United Nations was founded for the primary 
        purpose of maintaining international peace and security 
        by encouraging peaceful resolution of disputes and the 
        development of friendly relations among nations;
          (2) the United States, as a founding member of the 
        United Nations and the largest contributor to the 
        United Nations, became and remains a member of the 
        United Nations in order to contribute to collective 
        efforts among the nations of the world to realize the 
        ends of international peace and security;
          (3) the United States is committed to upholding and 
        strengthening the principles and purposes of the United 
        Nations Charter upon which the United Nations was 
        founded.
    (b) It is the sense of the Congress that--
          (1) a review of United States participation in the 
        United Nations is urgently called for with a view to 
        examining--
                  (A) the extent and levels of United States 
                financial contributions to the United Nations;
                  (B) the importance of the United Nations, as 
                presently constituted, to fulfilling the 
                policies and objectives of the United States;
                  (C) the benefits derived by the United States 
                from participation in the United Nations;
          (2) the President should review and make 
        recommendations to the Congress regarding the matters 
        described in this section by June 30, 1984; and
          (3) the Secretary of State should communicate to the 
        member states of the General Assembly of the United 
        Nations the policy contained in this section.
    Sec. 117.\19\ * * * [Repealed--1994]
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    \19\ Formerly at 22 U.S.C. 287b note. Repealed by sec. 139(27) of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 399). Had required a report on policies 
pursued by other countries in international organizations.
---------------------------------------------------------------------------

            1985 conference--united nations decade for women

    Sec. 118. The President shall use every available means at 
his disposal to ensure that the 1985 Conference to commemorate 
the conclusion of the United Nations Decade for Women is not 
dominated by political issues extraneous to the goals of the 
1985 Women's Conference that would jeopardize United States 
participation in and support for that Conference consistent 
with applicable legislation concerning United States 
contributions to the United Nations. Prior to the 1985 
Conference, the President shall report to the Congress on the 
nature of the preparations, the adherence to the original goals 
of the Conference, and the extent of any continued United 
States participation and support for the Conference.

                 united nations world assembly on aging

    Sec. 119. (a) The Congress finds that--
          (1) in 1977 the Congress called for the United 
        Nations to convene a World Assembly on Aging;
          (2) the United Nations World Assembly on Aging was 
        held in Vienna, Austria, from July 26 to August 6, 
        1982, and unanimously adopted the Vienna International 
        Plan of Action on Aging on August 6, 1982, which called 
        for the development of policies designed to enhance the 
        individual lives of the aging and to allow the aging to 
        enjoy their advancing years in peace, health, and 
        security;
          (3) the United Nations General Assembly on December 
        3, 1982, unanimously endorsed the World Assembly 
        International Plan of Action; and
          (4) the General Assembly of the United Nations, in 
        adopting the plan, called upon governments to make 
        continuous efforts to implement the principles and 
        recommendations contained in the Plan of Action as 
        adopted by the World Assembly on Aging.
    (b) Therefore, it is the sense of the Congress that the 
President should take steps to--
          (1) encourage government-wide participation in 
        implementing the recommendations of the World Assembly 
        and planning for the scheduled review in 1985 by the 
        United Nations on the implementation of the Vienna 
        International Plan of Action on Aging;
          (2) encourage the exchange of information and the 
        promotion of research on aging among the States, the 
        Federal Government, international organizations, and 
        other nations;
          (3) encourage greater private sector involvement in 
        responding to the concerns of the aging; and
          (4) inform developing nations that the United States 
        Government recognizes aging as an important issue, 
        requiring close and sustained attention in national and 
        regional development plans.
          * * * * * * *

                  counselor of the department of state

    Sec. 125. (a) \20\ * * *
---------------------------------------------------------------------------
    \20\ Subsec. (a) amended sec. 2 of ``An Act to strengthen and 
improve the organization and administration of the Department of 
State'' (22 U.S.C. 2653) in order to remove the Counselor of the 
Department of State from equal rank with Assistant Secretaries so that 
the Counselor would rank equally with the Under Secretaries. The 
amendments in subsec. (b) to title 5, U.S.C., changed the salary level 
of the Counselor from Executive Level IV to Executive Level III.
---------------------------------------------------------------------------
    (b)(1) Section 5314 of title 5, United States Code, is 
amended by inserting immediately after the item relating to the 
Under Secretaries of State the following:

               ``Counselor of the Department of State.''.

    (2) Section 5315 of such title is amended by striking out 
``Counselor of the Department of State.''
          * * * * * * *

                       foreign national employees

    Sec. 127. (a) \21\ * * *
---------------------------------------------------------------------------
    \21\ Subsec. (a) amended sec. 408(a)(1) of the Foreign Service Act 
of 1980 in order to clarify the Secretary of State's authority to 
utilize provident funds (retirement benefits) for foreign national 
employees of the United States Government.
---------------------------------------------------------------------------
    (b) \22\ (1) Section 5944 of title 5, United States Code, 
is repealed.
---------------------------------------------------------------------------
    \22\ 5 U.S.C. 5944 concerned payment of burial expenses for foreign 
national employees of the United States Government. This provision was 
superseded by sec. 408 of the Foreign Service Act of 1980.
---------------------------------------------------------------------------
    (2) The chapter analysis for chapter 59 of such title 5 is 
amended by striking out the item relating to section 5944.
          * * * * * * *

 merger of foreign service information corps with foreign service corps

    Sec. 130.\23\ (a) * * *
---------------------------------------------------------------------------
    \23\ Subsecs. (a) and (b) amended secs. 102 and 502, respectively, 
of the Foreign Service Act of 1980. These provisions changed the 
designation of members of the Foreign Service Information Officers to 
Foreign Service Officers and directed the Secretary of State to 
implement policies to insure that Foreign Service Officers from all 
agencies are able to compete for chief of missions positions on an 
equal basis.
    Subsec. (c), requiring a report in policies and procedures adopted 
pursuant to the above amendments, was repealed by sec. 139(10) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 108 Stat. 398).
---------------------------------------------------------------------------
    (b) * * *(c) * * * [Repealed--1994]

                               danger pay

    Sec. 131.\24\ Section 5928 of title 5, United States Code, 
is amended by adding at the end thereof the following: ``The 
presence of nonessential personnel or dependents shall not 
preclude payment of an allowance under this section. In each 
instance where an allowance under this section is initiated or 
terminated, the Secretary of State shall inform the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate of the action taken and the 
circumstances justifying it.''.
---------------------------------------------------------------------------
    \24\ 5 U.S.C. 5928 concerned danger pay allowances for United 
States Government employees serving in certain foreign areas.
---------------------------------------------------------------------------
          * * * * * * *

                     foreign relations publications

    Sec. 133. (a) The Congress expresses concern about the 
excessive delays currently experienced in the publication of 
the Department of State's vital series of historical volumes, 
``The Foreign Relations of the United States''. It is the sense 
of the Congress that the current delays must be substantially 
reduced so that publication of this series will occur after 
twenty years, and no later than twenty-five years, from the 
date of the events themselves.
    (b) The Historian of the Department of State shall prepare 
and submit a report within three months after the date of 
enactment of this Act to the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs \25\ of the 
House of Representatives explaining the reasons for these 
delays and the steps which would be required to reach the goal 
of publication within twenty-five years.
---------------------------------------------------------------------------
    \25\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

          united states diplomatic relations with the vatican

    Sec. 134.\26\ In order to provide for the establishment of 
United States diplomatic relations with the Vatican, the Act 
entitled ``An Act making Appropriations for the Consular and 
Diplomatic Expenses of the Government for the Year ending 
thirtieth June, eighteen hundred and sixty-eight, and for other 
purposes'', approved February 28, 1867, is amended by repealing 
the following sentence (14 Stat. 413): ``And no money hereby or 
otherwise appropriated shall be paid for the support of an 
American legation at Rome, from and after the thirtieth day of 
June, eighteen hundred and sixty-seven.''.
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------

    use of herbicides containing dioxin compounds by international 
                              commissions

    Sec. 135. (a) Notwithstanding any other provision of law, 
none of the funds made available under this Act for 
``International Commissions'' for the fiscal year 1984 and the 
fiscal year 1985 shall be available for the use, by such 
commissions or their agents, of herbicides containing dioxin 
compounds.
    (b) Unless the Committee on Foreign Relations and the 
Committee on Environment and Public Works of the Senate, the 
Committee on Foreign Affairs \25\ of the House of 
Representatives, and the Governors of the affected border 
States are notified forty-five days in advance of the use of a 
herbicide by an international commission, funds appropriated 
for such use shall not be available for obligation or 
expenditure. Such notification shall include--
          (1) the name of the herbicide;
          (2) an estimate of the quantity of herbicide planned 
        for use;
          (3) an identification of the area on which the 
        herbicide will be used; and
          (4) a description of the herbicide's chemical 
        composition.
          * * * * * * *

            TITLE II--UNITED STATES INFORMATION AGENCY \27\

          * * * * * * *
---------------------------------------------------------------------------
    \27\ For free-standing provisions of this title, see page 1312.
---------------------------------------------------------------------------

          TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \28\

          * * * * * * *
---------------------------------------------------------------------------
    \28\ This title contained amendments to the Board for International 
Broadcasting Act of 1973 and free-standing provisions. See page 1513.
---------------------------------------------------------------------------

                   TITLE IV--THE ASIA FOUNDATION \29\

          * * * * * * *
---------------------------------------------------------------------------
    \29\ Title IV is cited as the Asia Foundation Act. For text, see 
page 1212.
---------------------------------------------------------------------------

             TITLE V--NATIONAL ENDOWMENT FOR DEMOCRACY \30\

          * * * * * * *
---------------------------------------------------------------------------
    \30\ Title V is cited as the National Endowment for Democracy Act. 
For text, see page 1405.
---------------------------------------------------------------------------

                    TITLE VI--FOREIGN MISSIONS \31\

          * * * * * * *
---------------------------------------------------------------------------
    \31\ Title VI contained amendments to the Diplomatic Relations Act 
and to the State Department Basic Authorities Act of 1956. Free-
standing provisions in the title are cited as the Foreign Missions 
Amendments Act of 1983.
---------------------------------------------------------------------------

         TITLE VII--INTERNATIONAL ENVIRONMENTAL PROTECTION \32\

          * * * * * * *
---------------------------------------------------------------------------
    \32\ Title VII amended the Foreign Assistance Act of 1961, the 
Mutual Educational and Cultural Exchange Act of 1961, and is cited as 
the International Environmental Protection Act of 1983. For text, see 
Legislation on Foreign Relations Through 2001, vol. IV, sec. L.
---------------------------------------------------------------------------

     TITLE VIII--RESEARCH AND TRAINING FOR EASTERN EUROPE AND THE 
           INDEPENDENT STATES OF THE FORMER SOVIET UNION \33\

          * * * * * * *
---------------------------------------------------------------------------
    \33\ Title VIII, formerly cited as the Soviet-Eastern European 
Research and Training Act of 1983, was extensively amended by Public 
Law 103-199.
---------------------------------------------------------------------------

   TITLE IX--UNITED STATES-INDIA FUND FOR CULTURAL, EDUCATIONAL, AND 
                      SCIENTIFIC COOPERATION \34\

          * * * * * * *
---------------------------------------------------------------------------
    \34\ Title IX is cited as the United States-India Fund for 
Cultural, Educational, and Scientific Cooperation Act.
---------------------------------------------------------------------------

                   TITLE X--MISCELLANEOUS PROVISIONS

          * * * * * * *

              termination of assistance programs for syria

    Sec. 1004.\35\ (a) After the enactment of this section, 
funds available to the Agency for International Development may 
not be used for any payment or reimbursement of any kind to the 
Government of Syria or for the delivery of any goods or 
services of any kind to the Government of Syria.
---------------------------------------------------------------------------
    \35\22 U.S.C. 2346a note.
---------------------------------------------------------------------------
    (b) The Administrator of the Agency for International 
Development shall deobligate all funds which have been 
obligated for Syria under the Foreign Assistance Act of 1961 
prior to the enactment of this section, except that--
          (1) such funds may continue to be used to finance the 
        training or studies outside of Syria of students whose 
        course of study began before the enactment of this 
        section;
          (2) the Administrator may adopt as a contract of the 
        United States Government any contract with a United 
        States or third-country contractor which would 
        otherwise be terminated pursuant to this subsection, 
        and may assume in whole or in part any liabilities 
        arising under such contract, except that the authority 
        provided by this paragraph may be exercised only to the 
        extent that budget authority is available to meet the 
        obligations of the United States under such contracts; 
        and
          (3) amounts certified pursuant to section 1311 of the 
        Supplemental Appropriation Act, 1955,\36\ as having 
        been obligated for Syria under chapter 4 of part II of 
        the Foreign Assistance Act of 1961 shall continue to be 
        available until expended to meet necessary expenses 
        arising from the termination of assistance programs for 
        Syria pursuant to this subsection.
---------------------------------------------------------------------------
    \36\ 31 U.S.C. 1108.
---------------------------------------------------------------------------

   prohibition on certain assistance to the khmer rouge in kampuchea

    Sec. 1005.\37\ (a) Notwithstanding any other provision of 
law, none of the funds authorized to be appropriated by this 
Act or any other Act may be obligated or expended for the 
purpose or with the effect of promoting, sustaining, or 
augmenting, directly or indirectly, the capacity of the Khmer 
Rouge or any of its members to conduct military or paramilitary 
operations in Kampuchea or elsewhere in Indochina.
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (b) All funds appropriated before the date of enactment of 
this section which were obligated but not expended for 
activities having the purpose or effect described in subsection 
(a) shall be deobligated and shall be deposited in the Treasury 
of the United States as miscellaneous receipts.
    (c) This section shall not be construed as limiting the 
provision of food, medicine, or other humanitarian assistance 
to the Kampuchea people.

                    raoul wallenberg and jan kaplan

    Sec. 1006. (a) The Congress finds that--
          (1) the Soviet Union arrested one of the great heroes 
        of modern times in 1945 when they arrested Raoul 
        Wallenberg;
          (2) Raoul Wallenberg was a Swedish diplomat who, at 
        great personal risk, had acted to save hundreds of 
        thousands of Hungarian Jews from the Nazi Holocaust;
          (3) Raoul Wallenberg took these actions as a 
        humanitarian and with the knowledge, consent, and 
        financial assistance of the United States Government;
          (4) Raoul Wallenberg has recently been made an 
        honorary citizen of the United States;
          (5) the Soviet Union has changed their story a number 
        of times about the whereabouts of Raoul Wallenberg;
          (6) the most recent position of the Soviet Union is 
        that he died in 1947;
          (7) there are many eyewitnesses who have testified 
        that they saw Raoul Wallenberg in Russian prisons and 
        hospitals in the decades since the 1940's;
          (8) one of the most recent eyewitnesses was Jan 
        Kaplan, a Russian refusnik who shortly after his 
        release from a Soviet jail in 1977, phoned his 
        daughter, Doctor Anna Bilder, in Israel and reported 
        that he had met a Swede in prison who had survived 
        thirty years in the Gulag;
          (9) during the next two years, Anna Bilder received 
        no further word from or about her father;
          (10) in July 1977, Jan Kaplan's wife smuggled a 
        letter to Doctor Bilder informing her that Jan Kaplan 
        had been rearrested because of a letter he had tried to 
        smuggle to her about Raoul Wallenberg;
          (11) in 1980, the Swedish Government sent an official 
        request to interview Jan Kaplan;
          (12) the Soviets made no response to this request;
          (13) the whereabouts of Jan Kaplan are not known; and
          (14) Jan Kaplan could provide valuable information 
        about Raoul Wallenberg.
    (b) It is the sense of the Congress that the President, 
acting directly or through the Secretary of State, should take 
all possible steps at all appropriate times to ascertain that 
whereabouts of Jan Kaplan and to request an interview with him 
in order to learn more concerning the whereabouts of Raoul 
Wallenberg.

 policy toward the export of nuclear-related equipment, materials, or 
            technology to india, argentina, and south africa

    Sec. 1007. (a) It is the sense of Congress that the United 
States Government should disapprove the export of, and should 
suspend or revoke approval for the export of, any nuclear-
related equipment, material, or technology, including nuclear 
components and heavy water, to the Government of India, 
Argentina, or South Africa until such time as such government 
gives the Government of the United States stronger nuclear 
nonproliferation guarantees. Such guarantees should include--
          (1) reliable assurances by such government that it is 
        not engaged in any program leading to the development, 
        testing, or detonation of nuclear explosive devices; 
        and
          (2) agreement by such government to accept 
        international safeguards on all its nuclear facilities.
    (b) If the President determines, in the case of India's 
Tarapur reactor, while it is under International Atomic Energy 
Agency inspection, that certain equipment or non-nuclear 
material or technology is necessary for humanitarian reasons to 
protect the health and safety of operations and is not 
available from a foreign supplier, the President may authorize 
the export of such equipment or non-nuclear material or 
technology.

                               acid rain

    Sec. 1008. (a) The Congress finds the following:
          (1) Acid deposition, commonly known as ``acid rain'' 
        is believed to have caused serious damage to the 
        natural environment in large parts of Canada and the 
        United States and has raised justified concerns among 
        citizens of both countries.
          (2) Acid rain is believed to have caused billions of 
        dollars of damage annually to both natural and man-made 
        materials. It damages crops and the forest which 
        support 25 percent of the Canadian economy and much of 
        our own. It threatens marine life in fresh water lakes, 
        rivers, and streams.
          (3) The principal sources of acid rain are believed 
        to be emissions resulting from power generation, 
        industrial production, mineral smelters, and automobile 
        transportation which originate in both the United 
        States and Canada and which affect the environment of 
        the other.
          (4) Section 612 of the Foreign Relations 
        Authorization Act, Fiscal Year 1979, called upon the 
        President to ``make every effort to negotiate a 
        cooperative agreement with the Government of Canada 
        aimed at preserving the mutual airshed of the United 
        States and Canada so as to protect and enhance air 
        resources''.
          (5) On August 5, 1980, the Governments of Canada and 
        the United States signed a Memorandum of Intent 
        committing both parties ``to develop a bilateral 
        agreement which will reflect and further the 
        development of effective domestic control programs and 
        other measures to combat transboundary air pollution,'' 
        and, as an interim action, committing both parties to 
        ``promote vigorous enforcement of existing laws and 
        regulations'' and ``to develop domestic air pollution 
        control policies and strategies, and as necessary and 
        appropriate, seek legislative or other support to give 
        effect to them''.
          (6) The Government of Canada has made a formal offer 
        to reduce eastern emissions of sulfur dioxide by 50 
        percent by 1990 should the United States make a 
        comparable commitment.
          (7) Both the United States and Canada have taken 
        steps to reduce transboundary pollutants. Present 
        United States air emission standards are the most 
        stringent in the world. In the past decade, the United 
        States has reduced sulfur dioxide emissions by 15 
        percent. However, the failure of the United States to 
        respond in a timely manner to concerns about 
        transboundary air pollution would harm the historically 
        close relations between the United States and Canada.
          (8) The strategies and techniques adopted to control 
        air pollution emissions should weigh heavily on the 
        employment and other economic effects on employment in 
        the United States and Canada of the acid precipitation, 
        electricity generation, manufacture, distribution and 
        installation of pollution control equipment, and any 
        curtailment of emission producing industrial activity.
    (b) It is therefore the sense of the Congress that the 
President should--
          (1) respond constructively to the Canadian offer on 
        air pollution emissions;
          (2) proceed to negotiate as expeditiously as possible 
        a bilateral agreement with Canada providing for 
        significant reductions in transboundary air pollution 
        while keeping economic dislocations in both countries 
        to the minimum possible; and
          (3) consider prompt initiation of a joint Government-
        supported program to develop new cost-effective 
        technologies that will facilitate reduction of sulfur 
        dioxide emissions and other copollutants;
          (4) instruct the Secretary of State to report to the 
        Congress no later than December 1, 1983, on the 
        progress toward achieving a new transboundary air 
        pollution agreement, including a cooperative program on 
        new technologies.

                international agreements on natural gas

    Sec. 1009. (a) The Congress finds that--
          (1) the foreign policy and economic well-being of the 
        United States depend on mutually beneficial 
        relationships with our trading partners throughout the 
        world;
          (2) America's present economic difficulties have been 
        caused in part by the huge increases in the price of 
        energy, especially imported energy, during the 1970's;
          (3) at a time when prices for other forms of energy 
        are stabilizing or falling, the burner-tip price of 
        natural gas continues to rise throughout the United 
        States;
          (4) the high price of natural gas is a severe 
        hardship for low-income persons, the elderly, the 
        agricultural industry, small businesses, and other 
        consumers without alternative fuel sources;
          (5) high-priced imported natural gas is a major 
        factor contributing to these price increases;
          (6) imports of high-priced natural gas continue at 
        prices above fair market levels, despite the increased 
        availability of uncommitted and ample supplies of lower 
        priced domestic gas;
          (7) it is in the interest of the United States to 
        continue to import natural gas from secure sources in 
        whatever quantity consumers require, as long as the 
        price is fair;
          (8) the principles of free and fair international 
        trade require that natural gas prices and terms of 
        trade be made fair to all trading partners; and
          (9) the immediacy of this problem requires the prompt 
        and serious attention of all parties involved.
    (b) It is the sense of the Congress that--
          (1) the United States Government should move 
        immediately to promote lower prices and fair market 
        conditions for imported natural gas; and
          (2) within thirty days after the date of enactment of 
        this section, the Secretary of State, with the 
        assistance of the Secretary of Energy, should prepare 
        and transmit to the Congress a report on the progress 
        made in achieving lower prices and fair market 
        conditions for imported natural gas.

     prepublication review of writings of former federal employees

    Sec. 1010. The head of a department or agency of the 
Government may not, before April 15, 1984, enforce, issue, or 
implement any rule, regulation, directive, policy, decision, or 
order which (1) would require any officer or employee to 
submit, after termination of employment with the Government, 
his or her writings for prepublication review by an officer or 
employee of the Government, and (2) is different from the 
rules, regulations, directives, policies, decisions, or orders 
(relating to prepublication review of such writings) in effect 
on March 1, 1983.
          * * * * * * *

     extended voluntary departure status for certain el salvadorans

    Sec. 1012. (a) The Congress finds that--
          (1) ongoing fighting between the military forces of 
        the Government of El Salvador and opposition forces is 
        creating potentially life-threatening situations for 
        innocent nationals of El Salvador;
          (2) thousands of El Salvadoran nationals have fled 
        from El Salvador and entered the United States since 
        January 1980;
          (3) currently the United States Government is 
        detaining these nationals of El Salvador for the 
        purpose of deporting or otherwise returning them to El 
        Salvador, thereby irreparably harming the foreign 
        policy image of the United States;
          (4) deportation of these nationals could be 
        temporarily suspended, until it became safe to return 
        to El Salvador, if they are provided with extended 
        voluntary departure status; and
          (5) such extended voluntary departure status has been 
        granted in recent history in cases of nationals who 
        fled from Vietnam, Laos, Iran, and Nicaragua.
    (b) Therefore, it is the sense of the Congress that--
          (1) the Secretary of State should recommend that 
        extended voluntary departure status be granted to 
        aliens--
                  (A) who are nationals of El Salvador,
                  (B) who have been in the United States since 
                before January 1, 1983,
                  (C) who otherwise qualify for voluntary 
                departure (in lieu of deportation) under 
                section 242(b) or 244(e) of the Immigration and 
                Nationality Act (8 U.S.C. 1252(b) and 1254(e)), 
                and
                  (D) who were not excludable from the United 
                States at the time of their entry on any ground 
                specified in section 212(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)) other 
                than the grounds described in paragraphs (14), 
                (15), (20), (21), and (25); and
          (2) such status should be granted to those aliens 
        until the situation in El Salvador has changed 
        sufficiently to permit their safely residing in that 
        country.

      expedited procedures for certain joint resolutions and bills

    Sec. 1013.\38\ Any joint resolution or bill introduced in 
either House which requires the removal of United States Armed 
Forces engaged in hostilities outside the territory of the 
United States, its possessions and territories, without a 
declaration of war or specific statutory authorization shall be 
considered in accordance with the procedures of section 601(b) 
of the International Security Assistance and Arms Export 
Control Act of 1976, except that any such resolution or bill 
shall be amendable. If such a joint resolution or bill should 
be vetoed by the President, the time for debate in 
consideration of the veto message on such measure shall be 
limited to twenty hours in the Senate and in the House shall be 
determined in accordance with the Rules of the House.
---------------------------------------------------------------------------
    \38\ 50 U.S.C. 1546a.
---------------------------------------------------------------------------
      
  p. Department of State Authorization Act, Fiscal Years 1982 and 1983

  Partial text of Public Law 97-241 [S. 1193], 96 Stat. 273, approved 
 August 24, 1982, as amended by Public Law 98-164 [Department of State 
  Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 
     1017 at 1030, approved November 22, 1983; Public Law 103-199 
  [FRIENDSHIP Act, H.R. 3000], 107 Stat. 2317, approved December 17, 
 1993; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994

 AN ACT To authorize appropriations for fiscal years 1982 and 1983 for 
 the Department of State, the International Communication Agency, and 
   the Board for International Broadcasting, and for other purposes.


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                      TITLE I--DEPARTMENT OF STATE

                              short title

    Sec. 101. This title may be cited as the ``Department of 
State Authorization Act, Fiscal Years 1982 and 1983''.

                    authorizations of appropriations

    Sec. 102. There 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 other purposes authorized by 
law, the following amounts:
          (1) For ``Administration of Foreign Affairs'', 
        $1,245,637,000 for the fiscal year 1982 \1\ and 
        $1,248,059,000 for the fiscal year 1983.\2\
---------------------------------------------------------------------------
    \1\ Sec. 101(h) of Continuing Appropriations, 1982 (Public Law 97-
92; 95 Stat. 1183), and H.R. 4169, as passed by the House and made part 
of Public Law 97-92, appropriated $1,176,381,000 for the 
``Administration of Foreign Affairs'' during fiscal year 1982, itemized 
in the following manner: salaries and expenses--$890,758,000; 
representation allowances--$3,570,000; acquisition, operation, and 
maintenance of buildings abroad--$185,970,000; acquisition, operation 
and maintenance of buildings abroad (special foreign currency 
program)--$9,102,000; emergencies in the diplomatic and consular 
service--$4,400,000; buying power maintenance--$1,500,000; payment to 
the American Institute in Taiwan--$7,884,000; and payment to the 
Foreign Service Retirement and Disability Fund--$73,197,000.
    Subsequently, the Supplemental Appropriations Act, 1982 (Public Law 
97-257; 96 Stat. 819 at 822), provided the following additional 
amounts: salaries and expenses--$37,978,000, of which $31,228,000 shall 
remain available until Sept. 30, 1984; acquisition, operation, and 
maintenance of buildings abroad--$17,655,000, to remain available until 
Sept. 30, 1984; payment to the American Institute in Taiwan--$244,000; 
and payment to the Foreign Service Retirement and Disability Fund--
$4,615,000.
    \2\ Sec. 101(d) of the Further Continuing Appropriations Act, 1983 
(Public Law 97-377; 96 Stat. 1830 at 1876), and S. 2956, as reported in 
the Senate on Sept. 24, 1982, and made part of Public Law 97-377, 
appropriated $1,310,232,000 for ``Administration of Foreign Affairs'' 
during fiscal year 1983, itemized in following manner: salaries and 
expenses--$995,000,000; reopening consulates--$1,000,000; 
representation allowances--$3,876,000; acquisition, operation, and 
maintenance of buildings abroad--$193,040,000; acquisition, operation, 
and maintenance of buildings abroad (special foreign currency 
program)--$8,360,000; emergencies in the diplomatic and consular 
service--$4,400,000; buying power maintenance--$4,500,000; payment to 
the American Institute in Taiwan--$8,744,000; and payment to the 
Foreign Service Retirement and Disability Fund--$91,312,000.
    In addition to the regular fiscal year 1983 appropriation of 
$1,310,232,000 for the ``Administration of Foreign Affairs'' contained 
in Public Law 97-377, the Supplemental Appropriations Act, 1983 (Public 
Law 98-63) provided the following amounts: salaries and expenses--
$7,985,000; acquisition, operation, and maintenance of buildings 
abroad--$22,256,000; payment to the Foreign Service Retirement and 
Disability Fund--$4,658,000; and salaries and expenses (increased pay 
costs)--$21,711,000, of which $8,111,000 was derived by transfer from 
contributions to the international organizations.
---------------------------------------------------------------------------
          (2) For ``International Organizations and 
        Conferences'', $503,462,000 for the fiscal year 1982 
        \3\ and $514,436,000 for the fiscal year 1983.\4\
---------------------------------------------------------------------------
    \3\ Sec. 101(h) of the Continuing Appropriations Act, 1982 (Public 
Law 97-92; 95 Stat. 1183) and H.R. 4169, as passed by the House and 
made part of Public Law 97-92, appropriated $466,462,000 for 
``International Organizations and Conferences'' during fiscal year 1982 
itemized in the following manner: contributions to international 
organizations--$398,240,000 including funds for the payment of assessed 
contributions to the Pan American Health Organization, and to reimburse 
the Pan American Health Organization for payments under the tax 
equalization program for employees who are U.S. citizens; contributions 
for international peacekeeping activities--$60,938,000; international 
conferences and contingencies--$7,284,000.
    \4\ Sec. 101(d) of the Further Continuing Appropriations Act, 1983 
(Public Law 97-377; 96 Stat. 1830 at 1877), and S. 2956, as reported in 
the Senate on Sept. 24, 1982, and made part of Public Law 97-377, 
appropriated $526,915,000 for ``International Organizations and 
Conferences'' during fiscal year 1983 itemized in the following manner: 
contributions to international organizations--$444,315,000, of which 
$12,506,000 shall be for payment of the full 1983 assessed 
contributions to the Inter-American Institute for Cooperation on 
Agriculture; contributions for international peacekeeping activities--
$73,400,000, of which not more than $50,000,000 shall be available for 
contributions to a United Nations Transition Assistance Group, upon a 
determination by the President; and international conferences and 
contingencies--$9,200,000.
---------------------------------------------------------------------------
          (3) For ``International Commissions'', $19,808,000 
        for the fiscal year 1982 \5\ and $22,432,000 for the 
        fiscal year 1983.\6\
---------------------------------------------------------------------------
    \5\ Sec. 101(h) of the Continuing Appropriations Act, 1982 (Public 
Law 97-92; 95 Stat. 1183), and H.R. 4169, as passed by the House and 
made part of Public Law 97-92, appropriated $20,197,000 for 
``International Commissions'' during fiscal year 1982 itemized in the 
following manner: International Boundary and Water Commission, United 
States and Mexico, salaries and expenses--$7,927,000, and for detailed 
plan preparation and construction of authorized projects--$1,186,000; 
American sections, international commissions--$2,847,000; and 
international fisheries commissions--$8,237,000. Subsequently, the 
Supplemental Appropriations Act, 1982 (Public Law 97-257; 96 Stat. 819 
at 823) provided the following additional amounts: American Sections, 
International Commissions--$95,000 for the International Joint 
Commission to remain available until Sept. 30, 1983.
    \6\ Sec. 101(d) of the Further Continuing Appropriations Act, 1983 
(Public Law 97-377; 96 Stat. 1830 at 1866), and S. 2956, as reported in 
the Senate on Sept. 24, 1982 and made part of Public Law 97-377, 
appropriated $20,198,000 for ``International Commissions'' during 
fiscal year 1983 itemized in the following manner: International 
Boundary and Water Commission, United States and Mexico--$8,754,000; 
American sections, international commissions--$2,918,000; and 
international fisheries commissions--$8,526,000.
    In addition to the regular fiscal year 1983 appropriation of 
$20,198,000 contained in Public Law 97-377, the Supplemental 
Appropriations Act, 1983 (Public Law 98-63) provided $174,000 for the 
International Boundary and Water Commission, United States and Mexico, 
for increased pay costs.
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          (4) For ``Migration and Refugee Assistance'', 
        $504,100,000 for the fiscal year 1982 \7\ and 
        $460,000,000 for the fiscal year 1983.\8\
---------------------------------------------------------------------------
    \7\ Foreign Assistance and Related Programs Appropriations Act, 
1982 (Public Law 97-121; 95 Stat. 1652), provided the following:
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross and assistance to 
refugees, including contributions to the Intergovernmental Committee 
for European Migration and the United Nations High Commissioner for 
Refugees; salaries and expenses of personnel and dependents as 
authorized by the Foreign Service Act of 1980, allowances as authorized 
by sections 5921 through 5925 of title 5, United States Code; hire of 
passenger motor vehicles; and services as authorized by section 3109 of 
title 5, United States Code, $503,000,000: Provided, That $30,000,000 
of this amount shall be transferred to the Agency for International 
Development to be used only for resettlement services and facilities 
for refugees and displaced persons in Africa: Provided further, That 
$5,000,000 of this amount shall be used for assistance for persons 
displaced by strife in El Salvador as provided in H.R. 3566 as reported 
May 19, 1981: Provided further, That these funds shall be administered 
in a manner that insures equity in the treatment of all refugees 
receiving Federal assistance: Provided further, That no funds herein 
appropriated shall be used to assist directly in the migration to any 
nation in the Western Hemisphere of any person not having a security 
clearance based on reasonable standards to insure against Communist 
infiltration in the Western Hemisphere: Provided further, That not more 
than $7,426,000 of the funds appropriated under this heading shall be 
available for the administrative expenses of the Office of Refugee 
Programs of the Department of State.''
    \8\ Appropriations for ``Migration and Refugee Assistance'', as 
well as all foreign assistance programs, during fiscal year 1983 are 
included in the Further Continuing Appropriations Act, 1983 (Public Law 
97-377). Under the terms of this Act, appropriations for foreign aid 
are set at the rates and conditions provided in Public Law 97-121, 
Foreign Assistance Appropriations Act of 1982, except for certain 
programs. The exceptions to Public Law 97-121 are stated in the Further 
Continuing Appropriations Act, 1983, which includes the following: 
``$395,000,000 for `Migration and Refugee Assistance' (without applying 
prior year earmarking of funds).'' See footnote 7 above for text of the 
terms and conditions stipulated in Public Law 97-121 for migration and 
refugee assistance.
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               reopening certain united states consulates

    Sec. 103. (a) Notwithstanding any other provision of law, 
$400,000 of the funds available for the fiscal year 1982 for 
``Salaries and Expenses'' of the Department of State are hereby 
reprogrammed for, and shall be used by the Department for, the 
expenses of operating and maintaining the consulates specified 
in subsection (c) of this section.\9\
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    \9\ Sec. 307 of Supplemental Appropriations Act, 1982, (Public Law 
97-257; 96 Stat. 875) provided the following:
    ``Sec. 307. Notwithstanding any other provision of law, none of the 
funds made available by this or any other Act, heretofore or hereafter 
enacted, may be used to carry out section 103 and section 305(d)(3) of 
S. 1193 An Act to authorize appropriations for fiscal years 1982 and 
1983 for the Department of State, the International Communication 
Agency and the Board for International Broadcasting, and for other 
purposes, unless reprogrammed in accordance with the procedures 
established by the Committees on Appropriations of the House and 
Senate.''
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    (b) None of the funds made available under this or any 
other Act for ``Administration of Foreign Affairs'' may be used 
for the establishment or operation of any United States 
consulate that did not exist on the date of enactment of this 
Act (other than the consulates specified in subsection (c)) 
until all the United States consulates specified in subsection 
(c) have been reopened as required by section 108 of the 
Department of State Authorization Act, Fiscal Years 1980 and 
1981, to the extent such reopening is authorized by the foreign 
government involved.\10\
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    \10\ Sec. 139(8) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398), struck out the 
second sentence in this subsec., which required a report be submitted 
to the Committees on Foreign Relations and Foreign Affairs concerning 
the reopening of consulates.
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    (c) The consulates referred to in subsections (a) and (b) 
of this section are the consulates in the following locations: 
Turin, Italy; Salzburg, Austria; Goteborg, Sweden; Bremen, 
Germany; Nice, France; Mandalay, Burma; and Brisbane, 
Australia.

    restrictions relating to palestinian rights units and projects 
 providing political benefits to the palestine liberation organization

    Sec. 104. (a) Funds appropriated under paragraph (2) of 
section 102 of this Act may not be used for payment by the 
United States, as its contribution toward the assessed budget 
of the United Nations for any year, of any amount which would 
cause the total amount paid by the United States as its 
assessed contribution for that year to exceed the amount 
assessed as the United States contribution for that year less--
          (1) 25 percent of the amount budgeted for that year 
        for the Committee on the Exercise for the Inalienable 
        Rights of the Palestinian People (or any similar 
        successor entity); and
          (2) 25 percent of the amount budgeted for that year 
        for the Special Unit on Palestinian Rights (or any 
        similar successor entity); and
          (3) 25 percent of the amount budgeted for that year 
        for projects whose primary purpose is to provide 
        political benefits to the Palestine Liberation 
        Organization or entities associated with it.
    (b) Funds appropriated under paragraph (2) of section 102 
of this Act may not be used for payment by the United States, 
as its contribution toward the assessed budget of any 
specialized agency of the United Nations for any year, of any 
amount which would cause the total amount paid by the United 
States as its assessed contribution for that year to exceed the 
amount assessed as the United States contribution for that year 
less 25 percent of the amount budgeted by such agency for that 
year for projects whose primary purpose is to provide political 
benefits to the Palestine Liberation Organization or entities 
associated with it.
    (c) \11\ The President shall annually review the budgets of 
the United Nations and its specialized agencies to determine 
which projects have the primary purpose of providing political 
benefit to the Palestine Liberation Organization. The President 
shall report to the Congress on any such project for which a 
portion of the United States assessed contribution is withheld 
and the amount withheld.
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    \11\ Sec. 3 of Executive Order 12374 (July 28, 1982; 47 F.R. 
32903), as amended by Executive Order 12408 (Feb. 23, 1983; 48 F.R. 
8035) stated that the functions vested in the President under this 
subsection are delegated to the Secretary of State. Executive Order 
12408 was revoked by Executive Order 12553.
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    (d) Subsections (a)(3) and (b) shall not be construed as 
limiting United States contributions to the United Nations, or 
its specialized agencies, for projects whose primary purpose is 
to provide humanitarian, educational, developmental, and other 
nonpolitical benefits to the Palestinian people.

      payment of assessed contributions for certain international 
                             organizations

    Sec. 105. (a) Funds authorized to be appropriated for the 
fiscal year 1982 by paragraph (2) of section 102 of this Act 
shall be used for payment of the entire amount payable for the 
United States contribution for the calendar year 1982 to the 
Organization of American States, to the Pan American Health 
Organization, and to the Inter-American Institute for 
Cooperation on Agriculture.
    (b) Funds authorized to be appropriated for the fiscal year 
1983 by paragraph (2) of section 102 of this Act shall be used 
for payment of the entire amount payable for the United States 
contribution for the calendar year 1983 to the Organization of 
American States, to the Pan American Health Organization, and 
to the Inter-American Institute for Cooperation on Agriculture.
    (c) For purposes of this section, the term ``United States 
contribution'' means the United States assessed contribution to 
the budget of the Organization of American States, the Pan 
American Health Organization, or the Inter-American Institute 
for Cooperation on Agriculture, as the case may be, plus 
amounts required to be paid by the United States or minus 
amounts credited to the United States (as appropriate) under 
that organization's tax equalization program.

                international committee of the red cross

    Sec. 106. Of the amounts authorized to be appropriated by 
paragraph (4) of section 102 of this Act, $1,500,000 shall be 
available for the fiscal year 1982 and $1,500,000 shall be 
available for the fiscal year 1983 only for the International 
Committee of the Red Cross to support the activities of the 
protection and assistance program for ``political'' detainees.

               assistance for refugees settling in israel

    Sec. 107. Of the amounts authorized to be appropriated by 
paragraph (4) of section 102 of this Act, $12,500,000 for the 
fiscal year 1982 and $16,875,000 for the fiscal year 1983 shall 
be available only for assistance for the resettlement in Israel 
of refugees from the Union of Soviet Socialist Republics, from 
Communist countries in Eastern Europe, and from other 
countries.

    united nations educational, scientific and cultural organization

    Sec. 108. (a) The Congress finds that--
          (1) a free press is vital to the functioning of free 
        governments;
          (2) Article 19 of the Universal Declaration of Human 
        Rights provides for the right to freedom of expression 
        and to ``seek, receive, and impart information and 
        ideas through any media and regardless of frontiers'';
          (3) the Constitution of the United Nations 
        Educational, Scientific and Cultural Organization 
        provides for the promotion of ``the free flow of ideas 
        by word and image'';
          (4) the signatories of the Final Act of the 
        Conference on Security and Cooperation in Europe 
        (Helsinki, 1975) pledged themselves ``to facilitate the 
        freer and wider dissemination of information of all 
        kinds, to encourage co-operation in the field of 
        information and the exchange of information with other 
        countries, and to improve the conditions under which 
        journalists from one participating State exercise their 
        profession in another participating State''; and
          (5) government censorship, domination, or suppression 
        of a free press is a danger to free men and women 
        everywhere.
    (b) Therefore, it is the sense of the Congress that the 
United Nations Educational, Scientific and Cultural 
Organization should cease efforts to attempt to regulate news 
content and to formulate rules and regulations for the 
operation of the world press.
    (c) The Congress opposes efforts by some countries to 
control access to and dissemination of news.
    (d) \11\ The President shall evaluate and, not later than 
six months after the date of enactment of this Act, shall 
report to the Congress his assessment of--
          (1) the extent to which United States financial 
        contributions to the United Nations Educational, 
        Scientific and Cultural organization, and the extent to 
        which the programs and activities of that Organization, 
        serve the national interests of the United States;
          (2) the programs and activities of the United Nations 
        Educational, Scientific and Cultural Organization, 
        especially its programs and activities in the 
        communications sector; and
          (3) the quality of United States participation in the 
        United Nations Educational, Scientific and Cultural 
        Organization, including the quality of United States 
        diplomatic efforts with respect to that Organization, 
        the quality of United States representation in the 
        Secretariat of that Organization, and the quality of 
        recruitment of United States citizens to be employed by 
        that Organization.
Such report should include the President's recommendations 
regarding any improvements which should be made in the quality 
and substance of United States representation in the United 
Nations Educational, Scientific and Cultural Organization.

    restriction on contributions to the united nations educational, 
                  scientific and cultural organization

    Sec. 109.\12\ (a) None of the funds authorized to be 
appropriated by paragraph (2) of section 102 of this Act or by 
any other Act for ``International Organizations and 
Conferences'' may be used for payment by the United States of 
its contribution toward the assessed budget of the United 
Nations Educational, Scientific and Cultural Organization if 
that organization implements any policy or procedure the effect 
of which is to license journalists or their publications, to 
censor or otherwise restrict the free flow of information 
within or among countries, or to impose mandatory codes of 
journalistic practice or ethics.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 287c note.
---------------------------------------------------------------------------
    (b) Not later than February 1 of each year, the Secretary 
of State shall report to the Congress with respect to whether 
the United Nations Educational, Scientific and Cultural 
Organization has taken any action described in subsection (a) 
of this section.

              bilateral science and technology agreements

    Sec. 110. In addition to the amounts authorized to be 
appropriated by section 102 of this Act, there are authorized 
to be appropriated to the Secretary of State $3,700,000 for the 
fiscal year 1982 \13\ and $3,700,000 for the fiscal year 1983 
\14\ for payment of the United States share of expenses of the 
science and technology agreements between the United States and 
Yugoslavia and between the United States and Poland.
---------------------------------------------------------------------------
    \13\ Sec. 101(h) of the Continuing Appropriations, 1982 (Public Law 
97-92; 95 Stat. 1183), and H.R. 4169, as passed by the House and made 
part of Public Law 97-92, appropriated $3,700,000 for United States 
bilateral science and technology agreements during fiscal year 1982.
    \14\ Sec. 101(d) of the Further Continuing Appropriations Act, 1983 
(Public Law 97-377; 96 Stat. 1830 at 1866), and S. 2956, as reported in 
the Senate on Sept. 24, 1982 and made part of Public Law 97-377, 
appropriated $1,700,000 for United States bilateral science and 
technology agreements with Yugoslavia and Poland during fiscal year 
1983.
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                            asia foundation

    Sec. 111. In addition to the amounts authorized to be 
appropriated by section 102 of this Act, there are authorized 
to be appropriated to the Secretary of State $4,500,000 for the 
fiscal year 1982 \15\ and $4,500,000 for the fiscal year 1983 
\16\ for the Asia Foundation in furtherance of that 
organization's purposes as described in its charter. Amounts 
appropriated under this section shall be made available to the 
Asia Foundation by the Secretary of State in accordance with 
the terms and conditions of a grant agreement to be negotiated 
between the Secretary and the Foundation.
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    \15\ Sec. 101(h) of the Continuing Appropriations, 1982 (Public Law 
97-92; 95 Stat. 1183), and H.R. 4169, as passed by the House and made 
part of Public Law 97-92, appropriated $3,100,000 for the Asia 
Foundation during fiscal year 1982.
    \16\ Sec. 101(d) of the Further Continuing Appropriations Act, 1983 
(Public Law 97-377; 96 Stat. 1830 at 1877), and S. 2956, as reported in 
the Senate on Sept. 24, 1982 and made part of Public Law 97-377, 
appropriated $4,100,000 for the Asia Foundation during fiscal year 
1983.
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          * * * * * * *

            pan american institute of geography and history

    Sec. 113. Paragraph (1) of the first section of the joint 
resolution entitled ``Joint Resolution to provide for 
membership of the United States in the Pan American Institute 
of Geography and History; and to authorize the President to 
extend an invitation for the next general assembly of the 
institute to meet in the United States in 1935, and to provide 
an appropriation for expenses thereof'', approved August 2, 
1935 (22 U.S.C. 273), is amended by striking out ``, not to 
exceed $200,000 annually,''.

  international institute for the unification of private law and the 
             hague conference on private international law

    Sec. 114. Section 2 of the joint resolution entitled 
``Joint Resolution to provide for participation by the 
Government of the United States in the Hague Conference on 
Private International Law and the International (Rome) 
Institute for the Unification of Private Law, and authorizing 
appropriations therefor'', approved December 30, 1963 (22 
U.S.C. 269g-1), is amended by striking out ``, except that'' 
and all that follows through ``that year''.

                     pan american railway congress

    Sec. 115. Section 2(a) of the joint resolution entitled 
``Joint Resolution providing for participation by the 
Government of the United States in the Pan American Railway 
Congress, and authorizing an appropriation therefor'', approved 
June 28, 1948 (22 U.S.C. 280k), is amended by striking out 
``Not more than $15,000 annually'' and inserting in lieu 
thereof ``Such sums as may be necessary''.
          * * * * * * *

    private sector representatives on united states delegations to 
       international telecommunications meetings and conferences

    Sec. 120. (a) Sections 203, 205, 207, and 208 of title 18, 
United States Code,\17\ shall not apply to a private sector 
representative on the United States delegation to an 
international telecommunications meeting or conference who is 
specifically designated to speak on behalf of or otherwise 
represent the interests of the United States at such meeting or 
conference with respect to a particular matter, if the 
Secretary of State (or the Secretary's designee) certifies that 
no Government employee on the delegation is as well qualified 
to represent United States interests with respect to such 
matter and that such designation serves the national interest. 
All such representatives shall have on file with the Department 
of State the financial disclosure report required for special 
Government employees.
---------------------------------------------------------------------------
    \17\ These are provisions of the Ethics in Government Act which 
restrict the movement of individuals between the Government and private 
sector.
---------------------------------------------------------------------------
    (b) As used in this section, the term ``international 
telecommunications meeting or conference'' means the 
conferences of the International Telecommunications Union, 
meetings of its International Consultative Committees for Radio 
and for Telephone and Telegraph, and such other international 
telecommunications meetings or conferences as the Secretary of 
State may designate.
          * * * * * * *
    Sec. 126.\18\ * * * [Repealed--1993]
---------------------------------------------------------------------------
    \18\ Sec. 306 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2324) repealed sec. 126, relating to scientific exchange activities 
with the Soviet Union.
---------------------------------------------------------------------------

                    TITLE II--FOREIGN MISSIONS \19\

          * * * * * * *
---------------------------------------------------------------------------
    \19\ Title II, cited as the Foreign Missions Act, amended the State 
Department Basic Authorities Act of 1956 by adding a new title 
concerning the regulation of foreign missions.
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            TITLE III--UNITED STATES INFORMATION AGENCY \20\

          * * * * * * *
---------------------------------------------------------------------------
    \20\ For text of free-standing provisions contained in this title, 
see page 1317.
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          TITLE IV--BOARD FOR INTERNATIONAL BROADCASTING \21\

          * * * * * * *
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    \21\ For the most part, title IV contained amendments to the Board 
for International Broadcasting Act of 1973.
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                   TITLE V--MISCELLANEOUS PROVISIONS

          * * * * * * *

      report on costs for refugees and cuban and haitian entrants

    Sec. 502. (a) Not later than 60 days after the date of 
enactment of this Act, the President shall prepare and transmit 
to the Congress a full and complete report on the total cost of 
Federal, State, and local efforts to assist refugees and Cuban 
and Haitian entrants within the United States or abroad for 
each of the fiscal years 1981 and 1982. Such report shall 
include and set forth for each such fiscal year--
          (1) the costs of assistance for resettlement of 
        refugees and Cuban and Haitian entrants within the 
        United States or abroad;
          (2) the costs of United States contributions to 
        foreign governments, international organizations, or 
        other agencies which are attributable to assistance for 
        refugees and Cuban and Haitian entrants;
          (3) the costs of Federal, State, and local efforts 
        other than those described in paragraphs (1) and (2) to 
        assist and provide services for refugees and Cuban and 
        Haitian entrants;
          (4) administrative and operating expenses of Federal, 
        State, and local governments that are attributable to 
        programs of assistance or services described in 
        paragraphs (1), (2), and (3); and
          (5) administrative and operating expenses incurred by 
        the United States because of the entry of such aliens 
        into the United States.
    (b) For purposes of this section--
          (1) the term ``refugees'' is used within the meaning 
        of paragraph (42) of section 101(a) of the Immigration 
        and Nationality Act; and
          (2) the term ``Cubans and Haitian entrants'' means 
        Cuban and Haitians paroled into the United States 
        pursuant to section 212(d)(5) of the Immigration and 
        Nationality Act, during 1980 who have not been given or 
        denied refugee status under that Act.

          * * * * * * *

       international code of marketing of breastmilk substitutes

    Sec. 504. The Congress expresses its strong support for the 
promotion by the United States of sound infant feeding 
practices, and continues to be concerned with the sole negative 
vote cast by the United States against the International Code 
of Marketing of Breastmilk Substitutes. The Congress urges the 
President, in light of congressional concern and of new 
indications of international support for general implementation 
of the Code, to review the United States position on the Code 
prior to the 25th World Health Assembly meeting. The Congress 
also urges United States infant formula manufacturers to 
continue to re-examine their own position regarding the Code.

          * * * * * * *
  q. Department of State Authorization Act, Fiscal Years 1980 and 1981

 Partial text of Public Law 96-60 [H.R. 3363], 93 Stat. 395, approved 
 August 15, 1979; as amended by Public Law 96-110 [Cambodian Disaster 
   Assistance Authorization Act, H.R. 4955], 93 Stat. 843, approved 
   November 13, 1979; Public Law 96-533 [International Security and 
Development Cooperation Act of 1980, H.R. 6942], 94 Stat. 3131 at 3151, 
  approved December 16, 1980; and by Public Law 97-241 [Department of 
State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 
                  273 at 298, approved August 24, 1982

 AN ACT To authorize appropriations for fiscal years 1980 and 1981 for 
 the Department of State, the International Communication Agency, and 
               the Board for International Broadcasting.


          Note.--Sections amend other State Department and 
        foreign relations legislation and are incorporated 
        elsewhere in this compilation.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                      TITLE I--DEPARTMENT OF STATE

                              short title

    Sec. 101. This title may be cited as the ``Department of 
State Authorization Act, Fiscal Years 1980 and 1981''.

                    authorizations of appropriations

    Sec. 102. (a) There 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 other purposes 
authorized by law, the following amounts, subject to the 
limitation in subsection (b):
          (1) For ``Administration of Foreign Affairs'', 
        $849,423,000 for the fiscal year 1980 and 
        $1,009,815,000 for the fiscal year 1981.\1\
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    \1\ The Department of State Appropriation Act, 1981 (title I of 
H.R. 7584), was adopted by Congress on December 3, 1980, but vetoed by 
the President on December 13, 1980. Appropriations for the Department 
of State during fiscal year 1981 were governed by Public Law 96-536, a 
continuing resolution providing funds for any Federal agency which had 
not yet received funding through an appropriation act. Under the terms 
of Public Law 96-536, the Department of State was funded at levels 
established in H.R. 7584. H.R. 7584 appropriated $996,385,000 for 
Administration of Foreign Affairs itemized in the following manner: 
salaries and expenses--$813,000,000; representation allowances--
$3,125,000; acquisition, operation, and maintenance of buildings 
abroad--$118,432,000; acquisition, operation, and maintenance of 
buildings abroad (special foreign currency program--$8,200,000; 
emergencies in the Diplomatic and Consular Service--$5,000,000; payment 
to the American Institute in Taiwan--$6,282,000; payment to the Foreign 
Service Retirement and Disability Fund--$42,346,000.
---------------------------------------------------------------------------
          (2) For ``International Organizations and 
        Conferences'', $502,945,000 for the fiscal year 1980 
        and $525,082,000 for the fiscal year 1981.\2\
---------------------------------------------------------------------------
    \2\ The Department of State Appropriation Act, 1981 (title I of 
H.R. 7584), was adopted by Congress on December 3, 1980, but vetoed by 
the President on December 13, 1980. Appropriations for the Department 
of State during fiscal year 1981 were governed by Public Law 96-536, a 
continuing resolution providing funds for any Federal agency which had 
not yet received funding through an appropriation act. Under the terms 
of Public Law 96-536, the Department of State was funded at levels 
established in H.R. 7584. H.R. 7584 appropriated $538,110,000 for 
International Organizations and Conferences itemized in the following 
manner: contributions to international organizations--$481,110,000; 
contributions for international peacekeeping activities--$50,000,000; 
international conferences and contingencies--$7,000,000.
---------------------------------------------------------------------------
          (3) For ``International Commissions'', $26,733,000 
        for the fiscal year 1980 and $26,081,000 for the fiscal 
        year 1981.\3\
---------------------------------------------------------------------------
    \3\ The Department of State Appropriation Act, 1981 (title I of 
H.R. 7584), was adopted by Congress on December 3, 1980, but vetoed by 
the President on December 13, 1980. Appropriations for the Department 
of State during fiscal year 1981 were governed by Public Law 96-536, a 
continuing resolution providing funds for any Federal agency which had 
not yet received funding through an appropriation act. Under the terms 
of Public Law 96-536, the Department of State was funded at levels 
established in H.R. 7584. H.R. 7584 appropriated $24,713,000 for 
International Commissions itemized in the following manner: 
International Boundary and Water Commission, United States and Mexico--
$13,675,000; American sections, international commissions--$3,000,000; 
international fisheries commissions--$8,038,000.
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          (4) For ``Migration and Refugee Assistance'', 
        $104,910,000 for the fiscal year 1979 (in addition to 
        amounts otherwise authorized), $456,241,000 for the 
        fiscal year 1980, and $517,209,000 for the fiscal year 
        1981.\4\
---------------------------------------------------------------------------
    \4\ Sec. 1 of the Cambodian Disaster Assistance Authorization Act 
(Public Law 96-110; 93 Stat. 843) substituted authorization figures of 
$456,241,000 and $457,798,000 in lieu of the original fiscal years 1980 
and 1981 authorizations of $248,951,000 and $254,188,000, respectively. 
The fiscal year 1981 authorization was further increased to 
$517,209,000 by sec. 406 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3151).
    A foreign assistance appropriation bill was not enacted for fiscal 
years 1980 or 1981. Since Oct. 1, 1979, programs funded under this 
appropriation measure operated pursuant to a series of continuing 
resolutions. The final continuing resolution (H.J. Res. 644, Public Law 
96-536) provided (with several exceptions) such amounts as may be 
necessary for continuing projects or activities ``which were conducted 
in fiscal year 1980 and would be provided for in H.R. 7854, the Foreign 
Assistance and Related Programs Appropriation Act, 1981, as reported 
July 29, 1980, at a rate of operations not in excess of the rate which 
would have been provided under the terms of the conference report 
(House Report 96-787), and in accordance with associated agreements 
stated in the Joint Explanatory Statements of the Committee of 
Conference, accompanying H.R. 4473 * * *'' (this conference report was 
never approved by Congress).
    Pursuant to Public Law 96-536, the fiscal year 1981 appropriation 
for Migration and Refugee Assistance was $456,241,000.
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    (b) The aggregate amount appropriated under paragraphs (1), 
(2), and (3) of subsection (a) may not exceed $1,369,401,000 
for the fiscal year 1980 and may not exceed $1,547,778,000 for 
the fiscal year 1981.
    (c) Funds appropriated under paragraph (2) of subsection 
(a) may not be used for payment by the United States, as its 
contribution toward the assessed budget of the United Nations 
for any year, of any amount which would cause the total amount 
paid by the United States as its assessed contribution for that 
year to exceed the amount assessed as the United States 
contribution for that year less--
          (1) 25 percent of the amount budgeted for that year 
        for the Committee on the Exercise of the Inalienable 
        Rights of the Palestinian People (or any similar 
        successor entity), and
          (2) 25 percent of the amount budgeted for that year 
        for the Special Unit on Palestinian Rights (or any 
        similar successor entity).

               assistance for refugees settling in israel

    Sec. 103. Of the amounts authorized to be appropriated by 
section 102(a)(4) of this Act for the fiscal year 1980 and for 
the fiscal year 1981, $25,000,000 for each such fiscal year 
shall be available only for assistance for the resettlement in 
Israel of refugees from the Union of Soviet Socialist Republics 
and from Communist countries in Eastern Europe.

  united states-yugoslavia bilateral science and technology agreement

    Sec. 104. In addition to the amounts authorized to be 
appropriated by section 102(a) of this Act, there are 
authorized to be appropriated to the Secretary of State 
$1,400,000 for the fiscal year 1980 and $1,400,000 for the 
fiscal year 1981 \5\ for payment of the United States share of 
expenses of a five-year bilateral science and technology 
agreement between the United States and Yugoslavia, following 
entry into force of such agreement.
---------------------------------------------------------------------------
    \5\ The Department of State Appropriation Act, 1981 (title I of 
H.R. 7584), was adopted by Congress on December 3, 1980, but vetoed by 
the President on December 3, 1980. Appropriations for the Department of 
State during fiscal year 1981 were governed by Public Law 96-536, a 
continuing resolution providing funds for any Federal agency which had 
not yet received funding through an appropriation act. Under the terms 
of Public Law 96-536, the Department of State was funded at levels 
established in H.R. 7584. H.R. 7584 appropriated $1,400,000 for United 
States-Yugoslavia Bilateral Science and Technology Agreement.
---------------------------------------------------------------------------
          * * * * * * *

   effective date for certain promotions of foreign service officers

    Sec. 106. The promotion for each of 64 Foreign Service 
officers of classes 8 and 7 to the next higher class, as the 
case may be, for which the Senate gave its advice and consent 
on March 21, 1979, and which was attested to on March 22, 1979, 
shall be considered for all purposes to take effect on December 
17, 1978. Any payments made in implementation of this section 
shall be from funds previously authorized and appropriated for 
the fiscal year 1979.

             improvement in foreign national pay plans \6\

    Sec. 107. (a) It is the sense of the Congress that the 
Secretary of State should--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 899 note.
---------------------------------------------------------------------------
          (1) improve coordination between the Department of 
        State and the Department of Defense and other 
        departments and agencies of the United States operating 
        outside the United States with respect to foreign 
        national pay systems and wage schedules to the extent 
        that--
                  (A) joint wage surveys and compatible pay 
                schedules are adopted in countries where two or 
                more departments or agencies of the United 
                States directly employ foreign nationals, and
                  (B) Department of Defense wage rates are 
                included in wage surveys of the Department of 
                State where the Department of Defense operates 
                under indirect-hire arrangements;
          (2) monitor the establishment of wage rates outside 
        the United States more closely to insure that United 
        States missions--
                  (A) operate under salary schedules that 
                reflect private sector average pay or average 
                pay ranges,
                  (B) include the cost of severance in making 
                pay adjustments, and
                  (C) survey jobs in the private sector which 
                represent as closely as possible the work force 
                of the mission; and
          (3) substitute, whenever possible, prevailing local 
        retirement plans for civil service retirement with 
        respect to the retirement of foreign nationals employed 
        by the United States.
    (b) * * *

                        united states consulates

    Sec. 108. (a) The following United States consulates shall 
not be closed or, if closed on the date of enactment of this 
Act, shall be reopened as soon as possible after such date: 
Salzburg, Austria; Bremen, Germany; Nice, France; Turin, Italy; 
Goteborg, Sweden; Adana, Turkey; Tangier, Morocco; Mandalay, 
Burma; Brisbane, Australia; and Surabaya, Indonesia.
    (b) Personnel assigned to the consulates described in 
subsection (a) shall not be counted toward any personnel 
ceiling for the Department of State established by the Director 
of the Office of Management and Budget.
          * * * * * * *

              united nations technical assistance programs

    Sec. 110. Title I of the Departments of State, Justice, and 
Commerce, the Judiciary, and Related Agencies Appropriation 
Act, 1979 (Public Law 95-431, 92 Stat. 1021), is amended in the 
paragraph under the heading ``contributions to international 
organizations'' by striking out ``, of which no part may be 
made available for the furnishing of technical assistance by 
the United Nations or any of its specialized agencies''.\7\
---------------------------------------------------------------------------
    \7\ Such paragraph in Public Law 95-431 appropriated $327,676,000 
for contributions to international organizations but prohibited the use 
of these funds for technical assistance by the United Nations or any of 
its specialized agencies. This amendment lifted this prohibition.
---------------------------------------------------------------------------

            TITLE II--INTERNATIONAL COMMUNICATION AGENCY \8\

          * * * * * * *
---------------------------------------------------------------------------
    \8\ For text of freestanding provisions contained in this title, 
see page 1321.
---------------------------------------------------------------------------

          TITLE III--BOARD FOR INTERNATIONAL BROADCASTING \9\

          * * * * * * *
---------------------------------------------------------------------------
    \9\ Title III amended the Board for International Broadcasting Act 
of 1973.
---------------------------------------------------------------------------

                   TITLE IV--MISCELLANEOUS PROVISIONS

          * * * * * * *

                     change in statutory reference

    Sec. 402. Any reference in any provision of law to the 
Committee on International Relations of the House of 
Representatives shall be deemed to be a reference to the 
Committee on Foreign Affairs of the House of 
Representatives.\10\
---------------------------------------------------------------------------
    \10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

     egyptian-israeli cultural, scientific, and economic relations

    Sec. 403. It is the sense of the Congress that it should be 
the policy of the United States to promote and encourage 
cultural, scientific, and economic relations between the Arab 
Republic of Egypt and the State of Israel.
          * * * * * * *

             moratorium on the commercial killing of whales

    Sec. 405. (a) The Congress finds and declares that--
          (1) whales are a unique marine resource of great 
        esthetic and scientific interest to mankind and are a 
        vital part of the marine ecosystem;
          (2) the protection and conservation of whales are of 
        particular interest to citizens of the United States;
          (3) in 1971 the Congress adopted resolutions 
        requesting the Secretary of State to negotiate a ten-
        year moratorium on the commercial killing of whales;
          (4) the United States, which effectively banned all 
        commercial whaling by United States nationals in 
        December 1971, has sought an international moratorium 
        on the commercial killing of whales since 1972;
          (5) the United Nations Conference on the Human 
        Environment adopted a resolution in 1972 calling for a 
        ten-year moratorium on commercial whaling;
          (6) the United Nations Governing Council for 
        Environment Programs in 1973 and 1974 confirmed such 
        call for a ten-year moratorium, and the Council 
        continues to support ongoing efforts relating to the 
        whale conservation;
          (7) the International Convention for the Regulation 
        of Whaling, signed in 1946, as implemented by the 
        International Whaling Commission, is not providing 
        adequate protection to whales;
          (8) the data-gathering structure established under 
        the International Whaling Commission has not provided 
        all the available data necessary for sound whale 
        conservation;
          (9) there is strong evidence that the members of the 
        International Whaling Commission continue to import, in 
        some instances in increasing amounts, whale products 
        from countries not members of the Commission; and
          (10) defects in the implementation of the 
        International Convention for the Regulation of Whaling 
        by the International Whaling Commission allow harvests 
        of the declining whale species.
    (b) The Congress urges--
          (1) the International Whaling Commission to agree to 
        a moratorium on the commercial killing of whales; and
          (2) Brazil, Denmark, Iceland, Japan, Norway, the 
        Soviet Union, and the Republic of Korea, as parties to 
        the International Convention for the Regulation of 
        Whaling and which still engage in commercial whaling, 
        and Chile, the People's Republic of China, Peru, 
        Portugal, the Democratic Republic of Korea, Spain, and 
        Taiwan, as countries which are not parties to the 
        Convention and which still engage in commercial 
        whaling, to recognize and comply voluntarily with a 
        moratorium on the commercial killing of whales, as 
        endorsed by the United Nations Conference on the Human 
        Environment and the United Nations Governing Council 
        for Environment Programs.

 private sector representatives on the united states delegation to the 
                 world administrative radio conference

    Sec. 406. The provisions of sections 203, 205, 207, and 208 
of title 18, United States Code, shall not apply to a private 
sector representative on the United States Delegation to the 
World Administrative Radio Conference to be convened in Geneva 
on September 24, 1979, who is specifically designated to speak 
on behalf of or otherwise represent the interest of the United 
States at such Conference with respect to a particular matter, 
if the Secretary of State or his designee certifies that no 
Government employee on the delegation is as well qualified to 
represent United States interests with respect to such matter 
and that such designation serves the national interest. All of 
such representatives shall have on file with the Department of 
State the financial disclosure report required for special 
Government employees.
          * * * * * * *
    Sec. 408.\11\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \11\ Sec. 505(a)(1) of Public Law 97-241 (96 Stat. 298) repealed 
sec. 408. It formerly read as follows:
---------------------------------------------------------------------------

                 ``sanctions against zimbabwe-rhodesia
---------------------------------------------------------------------------
    ``Sec. 408. (a) The Congress finds that--
    ``(1) it is in the interest of the United States to encourage the 
development of a multiracial democracy in Zimbabwe-Rhodesia based on 
both majority rule and minority rights;
    ``(2) the elections held in April 1979, in which Zimbabwe-
Rhodesians approved through elections the transfer of power to a black 
majority government, constituted a significant step toward multiracial 
democracy in Zimbabwe-Rhodesia;
    ``(3) the Government of Zimbabwe-Rhodesia has expressed its 
willingness to negotiate in good faith at an all-parties conference, 
held under international auspices, on all relevant issues;
    ``(4) it is in the foreign policy interest of the United States to 
further continuing progress toward genuine majority rule in Zimbabwe-
Rhodesia and to encourage a peaceful resolution of the conflict; and
    ``(5) the Government of Great Britain, which retains responsibility 
for Zimbabwe-Rhodesia under international law, has not yet taken steps 
to recognize the legality of the new government.
    ``(b) In view of these considerations, the President shall--
    ``(1) continue United States efforts to promote a speedy end to the 
Rhodesian conflict; and
    ``(2) terminate sanctions against Zimbabwe-Rhodesia by November 15, 
1979, unless the President determines it would not be in our national 
interest to do so and so reports to the Congress. If the President so 
reports to the Congress, then sanctions shall be terminated if the 
Congress, within 30 calendar days after receiving the report under 
paragraph (2), adopts a concurrent resolution stating in substance that 
it rejects the determination of the President. A concurrent resolution 
under the preceding sentence 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 and in the 
House of Representatives in accordance with the procedures applicable 
to the consideration of resolutions of disapproval under section 36(b) 
of the Arms Export Control Act.''
    Pursuant to the authority contained in subsec. (b) of this section, 
the President issued Determination No. 80-6 on November 14, 1979, in 
which he found it to be in the national interest of the United States 
to continue sanctions against Zimbabwe-Rhodesia.
        r. Foreign Relations Authorization Act, Fiscal Year 1979

Partial text of Public Law 95-426 [H.R. 12598], 92 Stat. 963, approved 
     October 7, 1978, as amended by Public Law 95-482 [Continuing 
  Appropriations, Fiscal Year 1979; H.J. Res 1139], 92 Stat. 1603 at 
1605, approved October 18, 1978; Public Law 96-60 [Department of State 
Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363], 93 Stat. 395 
 at 405, approved August 15, 1979; Public Law 96-465 [Foreign Service 
 Act of 1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 
1980; Public Law 97-241 [Department of State Authorization Act, Fiscal 
Years 1982 and 1983; S. 1193], 96 Stat. 273 at 299, approved August 24, 
1982; Public Law 98-164 [Department of State Authorization Act, Fiscal 
   Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1061, approved 
       November 22, 1983; Public Law 100-418 [Omnibus Trade and 
 Competitiveness Act, H.R. 4848], 102 Stat. 1107, approved August 23, 
 1988; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal 
  Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 
1994; and by Public Law 104-66 [Federal Reports Elimination and Sunset 
    Act of 1995; S. 790], 109 Stat. 707, approved December 21, 1995

    AN ACT To authorize appropriations for fiscal year 1979 for the 
 Department of State, the International Communication Agency, and the 
   Board for International Broadcasting, to make changes in the laws 
  relating to those agencies, to make changes in the Foreign Service 
   personnel system, to establish policies and responsibilities with 
 respect to science, technology, and American diplomacy, and for other 
                                purposes


          Note.--Sections amend other State Department or 
        foreign relations legislation and are incorporated 
        elsewhere in this compilation.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Year 1979''.

                      TITLE I--DEPARTMENT OF STATE

          authorization of appropriations for fiscal year 1979

    Sec. 101. (a) There are authorized to be appropriated for 
the Department of State for the fiscal year 1979 to carry out 
the authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States, including 
trade negotiations, and other purposes authorized by law, the 
following amounts:
          (1) For ``Administration of Foreign Affairs'', 
        $849,118,000.
          (2) For ``International Organizations and 
        Conferences'', $412,826,000.
          (3) For ``International Commissions'', $20,773,000.
          (4) For ``Migration and Refugee Assistance'', 
        $116,536,000.
          (5) For increases in salary, pay, retirement, and 
        other employee benefits authorized by law, and for 
        other nondiscretionary costs, such amounts as may be 
        necessary.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.
    (c) Funds authorized to be appropriated for the fiscal year 
1979 by paragraphs (1) through (4) of subsection (a) may be 
appropriated for the fiscal year 1979 for a purpose for which 
appropriations are authorized by any other of those paragraphs, 
except that the total amount appropriated for a purpose 
described in any of those paragraphs may not exceed by more 
than 10 percent the amount specifically authorized for that 
purpose by subsection (a).
          * * * * * * *

  united nations conference on science and technology for development

    Sec. 103. (a) The Congress find that--
          (1) science and technology are keys to eradicating 
        hunger and poverty in developing countries;
          (2) the ability of the developing countries to 
        achieve self-sustaining growth has been hindered by the 
        lack of an indigenous scientific and technological 
        base;
          (3) this scientific and technological base is vital 
        to the emergence of developing countries as full and 
        equal partners in the international system;
          (4) expanded cooperation with respect to science and 
        technology and can significantly contribute to an 
        improved North-South relationship; and
          (5) the United Nations Conference on Science and 
        Technology for Development offers a valuable forum for 
        the analysis of problems of development that might be 
        alleviated or solved with the aid of scientific and 
        technical expertise.
    (b) It is therefore the sense of the Congress that the 
United States should strongly support the purpose of the United 
Nations Conference on Science and Technology for Development 
and that the United States delegation to this conference should 
actively develop and offer proposals which would facilitate an 
expansion of mutually beneficial cooperation among developed 
and developing countries with respect to science and 
technology, including joint education and research and 
development programs.
    (c) In addition to amounts otherwise available for such 
purpose, $945,000 of the amount authorized to be appropriated 
by section 101(a)(1) of this Act shall be available only for 
expenses incurred by the Department of State in connection with 
the United Nations Conference on Science and Technology for 
Development, including expenses for preparatory conferences and 
seminars held in the United States.

                  memorial statue of general marshall

    Sec. 104. (a) The Secretary of State is authorized to 
acquire on behalf of the United States a memorial statue or 
bust of General George C. Marshall (hereafter in this section 
referred to as the ``memorial'') to be placed in an appropriate 
location within the Department of State.
    (b)(1) To assist the Secretary of State in carrying out the 
provisions of subsection (a), there is established a Commission 
to be composed of seven members as follows:
          (A) The Secretary, who shall be the chairman of the 
        Commission.
          (B) Two members appointed by the Secretary.
          (C) Two members appointed by the chairman of the 
        Committee on Foreign Relations of the Senate.
          (D) Two members appointed by the chairman of the 
        Committee on International Relations of the House of 
        Representatives.
Members of the Commission shall serve without compensation.
    (2) The Commission shall operate under the direction of the 
Secretary of State and, subject to final approval by the 
Secretary, shall select the sculptor for the memorial and 
select its size, style, design, and material.
    (3) The Commission shall cease to exist upon completion of 
its functions under this section, as determined by the 
Secretary.
    (c)(1) Of the funds authorized to be appropriated by 
section 101(a)(1) of this Act, not more than $10,000 may be 
used for payment of costs incurred in carrying out subsection 
(a) of this section.
    (2) All other costs incurred in carrying out subsection (a) 
shall be paid by the Secretary of State with funds contributed 
to the United States for such purpose.
    (d) The Secretary of State shall be responsible for 
maintenance and care of the memorial.

               foreign mission solar energy demonstration

    Sec. 105.\1\ (a) It is the purpose of this section to 
provide for the demonstration of solar energy and other 
renewable energy technologies in foreign countries through the 
use of such energy in buildings acquired under subsection (a) 
of the first section of the Foreign Service Buildings Act, 1926 
(22 U.S.C. 292(a)), in order that--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 292a.
---------------------------------------------------------------------------
          (1) countries in which such buildings are located may 
        be given visible incentives to develop and use local 
        solar energy or other renewable energy resources to 
        reduce dependence upon petroleum and petroleum 
        products;
          (2) markets may be developed for American solar 
        energy systems and components in order to stimulate 
        investment in such systems and components and to reduce 
        the costs of such systems and components to reasonable 
        levels;
          (3) in furtherance of the purpose of section 119 of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151q),\2\ cooperation may be developed between the 
        United States and other countries in an effort to 
        develop solar energy or other renewable energy systems 
        within a short period of time; and
---------------------------------------------------------------------------
    \2\ Sec. 119 was repealed in 1980.
---------------------------------------------------------------------------
          (4) equipment which is vital to the operation of 
        sensitive systems within United States missions abroad 
        may be made more reliable and less dependent upon 
        interruptible local energy supplies.
    (b)(1) The Secretary of State shall implement projects for 
the application of solar energy or other forms of renewable 
energy in buildings acquired under subsection (a) of the first 
section of the Foreign Service Buildings Act, 1926.
    (2) The Secretary of State shall select projects under 
paragraph (1) in consultation with the Secretary of Energy. 
Such projects shall apply available solar energy and other 
renewable energy technologies, including those for--
          (A) the heating and cooling of buildings;
          (B) solar thermal electric systems;
          (C) solar photovoltaic conversion systems;
          (D) wind energy systems; and
          (E) systems for developing fuels from biomass.
The Secretary of Energy shall inform the Secretary of State of 
all such technologies which are feasible for such projects, 
taking into account the resources and environmental conditions 
of the countries in which such projects are to be implemented. 
Upon the request of the Secretary of State, the Secretary of 
Energy shall provide to the Secretary of State any technical 
information or other technical assistance which the Secretary 
of State considers necessary with respect to any such project. 
Any project selected under this section should be similar to 
projects which have been demonstrated by the Department of 
Energy (or any of its predecessor agencies) to be reliable, 
maintainable, and technically feasible.
    (3) Any project selected under this section shall be 
adaptable to the local resources, climatic conditions, and 
economic circumstances of the country in which such project is 
implemented in order that such country will be more likely to 
implement similar projects.
    (4) The Secretary of State shall insure that any project 
selected under this section is demonstrated to, and available 
for inspection by, officials and other citizens of the country 
in which such project is implemented.
    (5) In selecting projects under this section, the Secretary 
of State shall give the priority to projects to be implemented 
in developing countries.
    (c) Whenever any building is constructed under the 
authority contained in the first section of the Foreign Service 
Buildings Act, 1926, the Secretary of State shall insure that 
the planning for such construction takes into account those 
renewable energy systems which are available in the country in 
which the building is to be constructed.
    (d) In addition to amounts otherwise available for such 
purposes, $4,000,000 of the amount authorized to be 
appropriated by section 101(a)(1) of this Act shall be 
available only to carry out the purposes of this section.

               assistance for refugees settling in israel

    Sec. 106. Of the amount authorized to be appropriated by 
section 101(a)(4) of this Act, $25,000,000 shall be available 
only for assistance for the resettlement in Israel of refugees 
from the Union of Soviet Socialist Republics and from Communist 
countries in Eastern Europe.

                   assistance for refugees in africa

    Sec. 107. In addition to amounts otherwise available for 
such purpose, $5,000,000 of the amount authorized to be 
appropriated by section 101(a)(4) of this Act shall be 
available only for assistance for refugees in Africa.
          * * * * * * *
    Sec. 115. (a) \3\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \3\ Formerly at 22 U.S.C. 2652a. Sec. 162(b) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 405), repealed sec. 115(a), which had established an 
Assistant Secretary of State for International Narcotics Matters.
---------------------------------------------------------------------------
          * * * * * * *

     publication of historical documents by the department of state

    Sec. 120.\4\ (a) The Congress finds that the Department of 
State publication ``Foreign Relations of the United States'' 
plays an important role in making the documentary record of 
United States foreign relations available to the Congress and 
the American public.
---------------------------------------------------------------------------
    \4\ 44 U.S.C. 1314 note.
---------------------------------------------------------------------------
    (b) The Secretary of State shall therefore insure that 
publication of the ``Foreign Relations of the United States'' 
volumes is continued in such a manner as will maintain the high 
standard of comprehensive documentation already established by 
past volumes.

             assistance to bereaved united states families

    Sec. 121.\5\ The Congress finds that the Department of 
State should, in the performance of its consular duties, render 
all reasonable administrative assistance to a United States 
citizen who is making necessary arrangements following the 
death of another United States citizen abroad.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 1175 note. Sec. 505(a) of Public Law 97-241 (96 Stat. 
299) repealed subsec. (b) of this section which had required a report 
from the Secretary of State describing alternative procedures by which 
the Department of State could provide loans or other forms of 
assistance to a U.S. citizen to facilitate arrangements following the 
death of another U.S. citizen abroad. The Secretary submitted this 
report on Jan. 19, 1979.
---------------------------------------------------------------------------

                     systematic information-sharing

    Sec. 122.\6\ The Congress finds that--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2280 note. Sec. 505(a) of Public Law 97-241 (96 Stat. 
299) repealed subsec. (b) of this section, which had required a report 
from the Secretary of State containing recommendations for the 
establishment of an information-sharing arrangement between the State 
Department and congressional committees. The Secretary submitted this 
report on Jan. 19, 1979.
---------------------------------------------------------------------------
          (1) international political, economic, and other 
        studies prepared systematically by analysts of the 
        Department of State as needed background information 
        for executive branch policymakers could be similarly 
        valuable to the Committee on International Relations of 
        the House of Representatives and the Committee on 
        Foreign Relations of the Senate in fulfilling their 
        responsibilities; and
          (2) a formal information-sharing arrangement between 
        the Department of State and such congressional 
        committees could therefore serve the national interest, 
        provided that controls on dissemination are established 
        which insure that neither the process of analysis nor 
        necessary confidentiality is jeopardized.

                     assisting minority enterprise

    Sec. 123. (a) The Congress finds that the Inter-Agency 
Council for Minority Enterprise has been created to assist 
minority owned and operated businesses in establishing broader 
markets, including markets with respect to procurement by the 
United States Government.
    (b) It is the sense of the Congress that the Secretary of 
State, in cooperation with such Council, should--
          (1) broaden minority business participation in the 
        provision of goods and services for the Department of 
        State; and
          (2) establish and expand export markets for minority 
        businesses.

    limitation on geographical travel restrictions in united states 
                               passports

    Sec. 124. For the purpose of achieving greater United 
States compliance with the provisions of the Final Act of the 
Conference on Security and Cooperation in Europe (signed at 
Helsinki on August 1, 1975) and for the purpose of encouraging 
other countries which are signatories to the Final Act to 
comply with those provisions, the first section of the Act 
entitled ``An Act to regulate the issue and validity of 
passports, and for other purposes'', approved July 3, 1926 (22 
U.S.C. 211a), is amended by adding at the end thereof the 
following: ``Unless authorized by law, a passport may not be 
designated as restricted for travel to or for use in any 
country other than a country with which the United States is at 
war, where armed hostilities are in progress, or where there is 
imminent danger to the public health or the physical safety of 
United States travellers.''.

                   diplomatic and official passports

    Sec. 125.\7\ It is the sense of the Congress that a 
diplomatic or official United States passport should be issued 
only to, and used only by, a person who holds a diplomatic or 
other official position in the United States Government or who 
is otherwise eligible for such a passport under conditions 
specifically authorized by law.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 211a note.
---------------------------------------------------------------------------

                travel restrictions on foreign citizens

    Sec. 126.\8\ (a) For the purpose of implementing general 
principles of the Final Act of the Conference on Security and 
Cooperation in Europe (signed at Helsinki on August 1, 1975) 
emphasizing the lowering of international barriers to the free 
movement of people and ideas and in accordance with provisions 
of the Vienna Convention on Diplomatic Relations establishing 
the legal principles of nondiscrimination and reciprocity, it 
shall be the general policy of the United States to impose 
restrictions on travel within the United States by citizens of 
another country only when the government of that country 
imposes restrictions on travel by the United States citizens 
within that country.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2691 note.
---------------------------------------------------------------------------
    (b) The Secretary of State shall--
          (1) insure that this policy is clearly conveyed to 
        any foreign government imposing travel restrictions on 
        United States citizens; and
          (2) seek to elimination, on a mutual and reciprocal 
        basis, of travel restrictions imposed by such 
        government and by the Government of the United States 
        on each other's citizens.

    (c) \9\ * * * [Repealed--1983]
---------------------------------------------------------------------------
    \9\ Sec. 1011(a)(1) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed 
subsec. (c), which had required a report to Congress by the Secretary 
of State annually for 1979-1981 concerning domestic travel restrictions 
imposed by the U.S. Government, on a reciprocal basis, with respect to 
similar restrictions imposed by foreign governments on United States 
citizens.

    (d) Subsection (a) may not be construed as limiting any 
restrictions on travel within the United States which are 
imposed by the United States Government, on a reciprocal basis, 
with respect to the officials of particular foreign 
governments.

              TITLE II--INTERNATIONAL COMMUNICATION AGENCY

          * * * * * * *

             TITLE IV--FOREIGN SERVICE AND OTHER PERSONNEL

    Sec. 401.\10\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \10\ Sec. 2205(2) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2160), repealed sec. 401, relating to employment of 
family members overseas.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 405. (a) \11\ * * *
---------------------------------------------------------------------------
    \11\ Sec. 405(a) amended the Foreign Service Act of 1946 by adding 
a new sec. 708. (Foreign Service Act of 1946 was replaced by the 
Foreign Service Act of 1980.) Sec. 1101(a)(2) of the Department of 
State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 
97 Stat. 1061), repealed sec. 405(b) which had required a report to 
Congress from the Secretary of State regarding orientation and language 
training programs for family members of U.S. Government employees.
---------------------------------------------------------------------------
    (b) \11\ * * * [Repealed--1983]
          * * * * * * *
    Sec. 406.\12\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \12\ Sec. 109 of the Continuing Appropriations, Fiscal Year 1979 
(Public Law 95-482; 92 Stat. 1604), repealed sec. 406, relating to 
computation of annuities.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 411.\13\ * * *
---------------------------------------------------------------------------
    \13\ Sec. 411 added a new sec. 5926 to title 5, United States Code, 
relating to compensatory time off at certain posts in foreign areas.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 413.\14\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \14\ Sec. 2205(2) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2160) repealed sec. 413, which had required a review 
of Foreign Service personnel requirements and compensation.
---------------------------------------------------------------------------
          * * * * * * *

          TITLE V--SCIENCE, TECHNOLOGY, AND AMERICAN DIPLOMACY

                                findings

    Sec. 501.\15\ The Congress finds that--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2656a.
---------------------------------------------------------------------------
          (1) the consequences of modern scientific and 
        technological advances are of such major significance 
        in United States foreign policy that understanding and 
        appropriate knowledge of modern science and technology 
        by officers and employees of the United States 
        Government are essential in the conduct of modern 
        diplomacy;
          (2) many problems and opportunities for development 
        in modern diplomacy lie in scientific and technological 
        fields;
          (3) in the formulation, implementation, and 
        evaluation of the technological aspects of United 
        States foreign policy, the United States Government 
        should seek out and consult with both public and 
        private industrial, academic, and research institutions 
        concerned with modern technology; and
          (4) the effective use of science and technology in 
        international relations for the mutual benefit of all 
        countries requires the development and use of the 
        skills and methods of long-range planning.

                         declaration of policy

    Sec. 502.\16\ In order to maximize the benefits and to 
minimize the adverse consequences of science and technology in 
the conduct of foreign policy, the Congress declares the 
following to be the policy of the United States:
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2656b.
---------------------------------------------------------------------------
          (1) Technological opportunities, impacts, changes, 
        and threats should be anticipated and assessed, and 
        appropriate measures should be implemented to influence 
        such technological developments in ways beneficial to 
        the United States and other countries.
          (2) The mutually beneficial applications of 
        technology in bilateral and multilateral agreements and 
        activities involving the United States and foreign 
        countries or international organizations should be 
        recognized and supported as an important element of 
        United States foreign policy.
          (3) The United States Government should implement 
        appropriate measures to insure that individuals are 
        trained in the use of science and technology as an 
        instrument in international relations and that officers 
        and employees of the United States Government engaged 
        in formal and informal exchanges of scientific and 
        technical information, personnel, and hardware are 
        knowledgeable in international affairs.
          (4) In recognition of the environmental and 
        technological factors that change relations among 
        countries and in recognition of the growing 
        interdependence between the domestic and foreign 
        policies and programs of the United States, United 
        States foreign policy should be continually reviewed by 
        the executive and legislative branches of the 
        Government to insure appropriate and timely application 
        of science and technology to the conduct of United 
        States foreign policy.
          (5) \17\ Federally supported international science 
        and technology agreements should be negotiated to 
        ensure that--
---------------------------------------------------------------------------
    \17\ Sec. 5171(a) of Public Law 100-418 (102 Stat. 1452) added 
paragraph (5).
---------------------------------------------------------------------------
                  (A) intellectual property rights are properly 
                protected; and
                  (B) access to research and development 
                opportunities and facilities and the flow of 
                scientific and technological information, are, 
                to the maximum extent practicable, equitable 
                and reciprocal.

                   responsibilities of the president

    Sec. 503.\18\ (a) The President, in consultation with the 
Director of the Office of Science and Technology Policy and 
other officials whom the President considers appropriate, 
shall--
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 2656c.
---------------------------------------------------------------------------
          (1) notwithstanding any other provision of law, 
        insure that the Secretary of State is informed and 
        consulted before any agency of the United States 
        Government takes any major action, primarily involving 
        science or technology, with respect to any foreign 
        government or international organization;
          (2) identify and evaluate elements of major domestic 
        science and technology programs and activities of the 
        United States Government with significant international 
        implications;
          (3) identify and evaluate international scientific or 
        technological developments with significant 
        implications for domestic programs and activities of 
        the United States Government; and
          (4) assess and initiate appropriate international 
        scientific and technological activities which are based 
        upon domestic scientific and technological activities 
        of the United States Government and which are 
        beneficial to the United States and foreign countries.
    (b) \19\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \19\ Sec. 1111(b) of Public Law 104-66 (109 Stat. 723) repealed 
subsec. (b), which had required the President to report annually on 
personnel requirements, and standards and training for service of U.S. 
Government officers and employees with respect to assignments in any 
Federal agency which involve foreign relations and science or 
technology and related matters.
---------------------------------------------------------------------------
    (c) Except as otherwise provided by law, nothing in this 
section shall be construed as requiring the public disclosure 
of sensitive information relating to intelligence sources or 
methods or to persons engaged in monitoring scientific or 
technological developments for intelligence purposes.
    (d) \20\ (1) The information and recommendations developed 
under subsection (b)(3) shall be made available to the United 
States Trade Representative for use in his consultations with 
Federal agencies pursuant to Executive orders pertaining to the 
transfer of science and technology.
---------------------------------------------------------------------------
    \20\ Sec. 5171(c) of Public Law 100-418 (102 Stat. 1453) added a 
new subsec. (d).
---------------------------------------------------------------------------
          (2) In providing such information and 
        recommendations, the President shall utilize 
        information developed by any Federal departments, 
        agencies, or interagency committees, as he may consider 
        necessary.

                responsibility of the secretary of state

    Sec. 504.\21\ (a)(1) \22\ In order to implement the 
policies \22\ set forth in section 502 of this title, the 
Secretary of State (hereafter in this section referred to as 
the ``Secretary'') shall have primary responsibility for 
coordination and oversight with respect to all major science or 
science and technology agreements and activities between the 
United States and foreign countries, international 
organizations, or commissions of which the United States and 
one or more foreign countries are members.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2656d.
    \22\ Sec. 5171(d) of Public Law 100-418 (102 Stat. 1453) 
redesignated subsec. (a) as (a)(1); struck out ``policy'' and inserted 
``policies''; and added paragraphs (2) and (3).
---------------------------------------------------------------------------
    (2) \22\ In coordinating and overseeing such agreements and 
activities, the Secretary shall consider (A) scientific merit; 
(B) equity of access as described in section 503(b); (C) 
possible commercial or trade linkages with the United States 
which may flow from the agreement or activity; (D) national 
security concerns; and (E) any other factors deemed 
appropriate.
    (3) \22\ Prior to entering into negotiations on such an 
agreement or activity, the Secretary shall provide Federal 
agencies which have primary responsibility for, or substantial 
interest in, the subject matter of the agreement or activity, 
including those agencies responsible for--
          (A) Federal technology management policies set forth 
        by Public Law 96-517 and the Stevenson-Wydler 
        Technology Innovation Act of 1980;
          (B) national security policies;
          (C) United States trade policies; and
          (D) relevant Executive orders,
with an opportunity to review the proposed agreement or 
activity to ensure its consistency with such policies and 
Executive orders, and to ensure effective interagency 
coordination.
    (b) The Secretary shall, to such extent or in such amounts 
as are provided in appropriation Acts, enter into long-term 
contracts, including contracts for the services of consultants, 
and shall make grants and take other appropriate measures in 
order to obtain studies, analyses, and recommendations from 
knowledgeable persons and organizations with respect to the 
application of science or technology to problems of foreign 
policy.
    (c) The Secretary shall, to such extent or in such amounts 
as are provided in appropriation Acts, enter into short-term 
and long-term contracts, including contracts for the services 
of consultants, and shall make grants and take other 
appropriate measures in order to obtain assistance from 
knowledgeable persons and organizations in training officers 
and employees of the United States Government, at all levels of 
the Foreign Service and Civil Service--
          (1) in the application of science and technology to 
        problems of United States foreign policy and 
        international relations generally; and
          (2) in the skills of long-range planning and analysis 
        with respect to the scientific and technological 
        aspects of United States foreign policy.
    (d) In obtaining assistance pursuant to subsection (c) in 
training personnel who are officers or employees of the 
Department of State, the Secretary may provide for detached 
service for graduate study at accredited colleges and 
universities.
    (e) \23\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \23\ Subsec. (e), which had required a report from the Secretary of 
State concerning the coordination and oversight of all major science or 
science and technology agreements and activities between the United 
States and foreign countries, international organizations, or 
commissions, was repealed by sec. 505(a)(2) of Public Law 97-241 (96 
Stat. 299). The Secretary submitted this report on January 19, 1979, 
and filed a supplemental report on October 26, 1979.
---------------------------------------------------------------------------

                      TITLE VI--POLICY PROVISIONS

                  international communications policy

    Sec. 601.\24\ The Congress finds that--
---------------------------------------------------------------------------
    \24\ Sec. 505(a) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section which had required a report from the 
President describing procedures established by which to develop and 
maintain a comprehensive U.S. policy regarding international 
communication and information issues and discussing U.S. goals and 
positions concerning anticipated international meetings addressing such 
issues. The President submitted this report on Feb. 8, 1979.
---------------------------------------------------------------------------
          (1) a series of multilateral meetings scheduled to 
        convene in 1978 and 1979 (including the twentieth 
        General Conference of the United Nations Educational, 
        Scientific, and Cultural Organization; the Thirty-
        second United Nations General Assembly; the United 
        Nations Conference on Science and Technology for 
        Development; and the World Administrative Radio 
        Conference of the International Telecommunications 
        Union) will address a complex variety of international 
        communications and information issues and will likely, 
        through the promulgation of binding agreements relating 
        to such issues, have a significant and lasting effect 
        on the free flow of information and ideas among the 
        countries of the world; and
          (2) since the United States is the leading user of 
        communications channels and information in the world, 
        the United States Government should have a 
        comprehensive policy regarding the various 
        communications and information issues that have entered 
        international discussions and should establish an 
        effective mechanism by which to develop and coordinate 
        United States policy on such issues.

                      action concerning resources

    Sec. 602.\25\ It is the sense of the Congress that the 
President should convey to all countries having an interest in 
cetacean sea life the serious concern of the Congress regarding 
the continuing destruction of these marine mammals (highlighted 
by the recent slaughter of dolphins in the Sea of Japan by 
Japanese fishermen) and should encourage such countries--
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 1361 note.
---------------------------------------------------------------------------
          (1) to join in international discussions with other 
        such countries in order to advance general 
        understanding of cetacean life and thereby facilitate 
        an effective use of the living marine resources of the 
        world which does not jeopardize the natural balance of 
        the aquatic environment;
          (2) to participate in an exchange of information with 
        the National Marine Fisheries Service of the United 
        States Department of Commerce, including cooperation in 
        studies of--
                  (A) the impact of cetaceans on ecologically 
                related human foodstuffs, and
                  (B) alternative methods of dealing with 
                cetacean problems as they occur;
          (3) to cooperate in establishing an international 
        cetacean commission to advance understanding of 
        cetacean life and to insure the effective conservation 
        and protection of cetaceans on a global scale; and
          (4) to adopt comprehensive marine mammal protection 
        legislation.

                   international journalistic freedom

    Sec. 603.\26\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
          (1) news dissemination and the free flow of 
        information across national boundaries are vital to 
        international understanding and to healthy relations 
        among countries; and
          (2) recurring and reliable reports strongly indicate 
        that in many countries foreign news correspondents are 
        subject to governmental harassment and restriction, 
        including the denial of access to legitimate news 
        sources, the imposition of censorship, and detention, 
        incarceration, and expulsion.
    (b) It is therefore the sense of the Congress that the 
President should--
          (1) advise the appropriate officials of any foreign 
        government which subjects foreign news correspondents 
        to harassment and restrictions that the United States 
        considers such mistreatment a significant and 
        potentially damaging factor in overall relations of the 
        United States with such country; and
          (2) raise in appropriate international forums the 
        issue of the treatment of foreign news correspondents, 
        with a view toward gaining multilateral support for the 
        legitimate rights of such correspondents.
    (c) \27\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \27\ Subsec. (c), which had required a report from the President 
describing actions taken pursuant to subsec. (b), was repealed by sec. 
505(a)(2) of Public Law 97-241 (96 Stat. 299). The President submitted 
this report on Feb. 8, 1979.
---------------------------------------------------------------------------

                       international food reserve

    Sec. 604.\28\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 2220 note.
---------------------------------------------------------------------------
          (1) half a billion people suffer regularly from 
        malnutrition or undernutrition;
          (2) even very modest shortfalls in crop production 
        can result in greatly increased human suffering, and 
        undercut the benefits of bilateral and multilateral 
        assistance programs, in poor developing countries with 
        chronic food deficits;
          (3) increasing variability in world food production 
        and trade presents a serious threat not only to 
        consumers but also to producers;
          (4) the World Food Conference recognized the urgent 
        need for an international undertaking to achieve a 
        system of world food security based largely upon 
        strategic food reserves;
          (5) the Congress through legislation has repeatedly 
        urged the President to negotiate with other nations to 
        establish such a system of reserves;
          (6) although the nations of the world have agreed to 
        begin discussions on a system of grain reserves to 
        regulate food availability, agreement on a global 
        network of nationally held reserves still eludes the 
        international community;
          (7) while some progress has taken place in the United 
        States in creating domestic farmer held reserves, the 
        scale of such reserves does not insure adequate 
        protection against fluctuations in world production and 
        price; and
          (8) the United States, as the world's leading 
        producer of foodstuffs, remains in a unique position to 
        provide the leadership necessary to make world food 
        security a reality.
    (b) It is therefore the sense of the Congress that the 
President should continue his efforts directed toward 
achievement of an agreement establishing an international 
network of nationally held grain reserves which provides for 
supply assurance to consumers and income security to producers.

                           spanish democracy

    Sec. 605. (a) The Congress finds that--
          (1) the Senate, in rendering its advice and consent 
        to ratification of the Treaty of Friendship and 
        Cooperation between the United States and Spain (signed 
        on January 24, 1976), declared its hope and intent that 
        the Treaty would serve to support and foster Spain's 
        progress toward free institutions;
          (2) this declaration reflected the strong desire of 
        the United States Government and the American people to 
        see a restoration of democracy in Spain and an 
        expansion of mutually beneficial relations between 
        Spain and the democracies of America and Europe; and
          (3) political developments in Spain during the past 
        two years constitute a major step toward the 
        construction of a stable and lasting Spanish democracy.
    (b) The Congress finds further that--
          (1) the masterpiece ``Guernica'', painted by Pablo 
        Picasso, has for four decades been a powerful and 
        poignant symbol of the horror of war;
          (2) this treasured painting, while universal in its 
        significance, holds special meaning for the people of 
        Spain by its representation of the tragic civil war 
        which destroyed Spanish democracy;
          (3) Pablo Picasso, having painted ``Guernica'' for 
        the Spanish Republican Government and concerned for 
        Spain's future when that government fell, stipulated 
        that the painting should remain in the custody of the 
        Museum of Modern Art in New York until Spanish 
        democracy had been restored; and
          (4) the United States and Spain, in a Supplementary 
        Agreement entered into with the Treaty of Friendship 
        and Cooperation, have committed themselves to expand 
        their cooperation in the fields of education and 
        culture.
    (c) It is therefore the sense of the Congress, anticipating 
the continuance of recent promising developments in Spanish 
political life, that ``Guernica'' should, at some point in the 
near future and through appropriate legal procedures, be 
transferred to the people and Government of a democratic Spain.
    (d) It is further the sense of the Congress that the 
American people, having long benefited from this treasure and 
admiring Spain's achievement, would wish, as an expression of 
appreciation and congratulation upon the transfer of 
``Guernica'' to Spain, to assist in the preparation of 
facilities for the permanent display of the painting, if such 
assistance is found to be appropriate by the elected leaders of 
Spain.

    discriminatory trade practices affecting united states foreign 
                               relations

    Sec. 606.\29\ (a) The Congress finds that those provisions 
of United States statutes which authorize or require suspension 
of or discrimination with respect to all trade between the 
United States and a particular foreign country and which 
affect, directly and significantly, the conduct of the United 
States foreign relations should be periodically reevaluated by 
the President and the Congress.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 2842 note.
---------------------------------------------------------------------------
    (b) Therefore, not later than January 20, 1979, the 
President shall transmit to the Speaker of the House of 
Representatives, and to the chairman of the Committee on 
Foreign Relations and the chairman of other appropriate 
committees of the Senate, a report which--
          (1) identifies all statutory provisions which provide 
        for such discriminatory trade practices;
          (2) evaluates each such practice; and
          (3) recommends, in the form of draft legislation, 
        such amendments to those provisions as the President 
        certifies would in his judgment advance United States 
        foreign policy interests.

                    conduct of diplomatic relations

    Sec. 607.\30\ The Congress finds that the conduct of 
diplomatic relations with a foreign government has as its 
principal purpose the discussion and negotiation with that 
government of outstanding issues and, like the recognition of a 
foreign government, does not in itself imply approval of that 
government or of the political-economic system it represents.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------

                       nuclear-powered satellites

    Sec. 608.\31\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 2656d note.
---------------------------------------------------------------------------
          (1) no international regime governs the use of 
        nuclear-powered satellites in space;
          (2) the unregulated use of such technology poses the 
        possibility of catastrophic damage to human life and 
        the global environment; and
          (3) this danger has been evidenced by mishaps 
        encountered, despite certain precautions, by nuclear-
        powered satellites of both the United States and the 
        Soviet Union.
    (b) It is therefore the sense of the Congress that the 
United States should take the initiative immediately in seeking 
a multilateral agreement governing the use of nuclear-powered 
satellites in space.
    (c) \32\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \32\ Subsec. (c), which had required a report from the Secretary of 
State on actions taken by the U.S. Government pursuant to subsec. (b), 
was repealed by sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299). The 
Secretary submitted this report on Jan. 19, 1979.
---------------------------------------------------------------------------

                   world alternate energy conference

    Sec. 609. (a) The Congress finds that--
          (1) increasing global dependence on fossil fuels, 
        particularly oil and natural gas, when existing 
        supplies are rapidly being depleted, is costly to 
        developed and developing countries both environmentally 
        and economically;
          (2) the uncontrolled spread of nuclear power carries 
        serious dangers due to waste pollution and the 
        possibility of accidents or material diversion;
          (3) expanded development and use of alternate, 
        nonconventional, or renewable sources of energy 
        (including solar energy, wind, biomass waste materials, 
        and alcohol fuels) could assist all countries in 
        satisfying rising energy demands, while reducing 
        environmental and economic risk;
          (4) no international agency exists at present which 
        assists countries in exchanging information and 
        technical assistance concerning energy-related problems 
        or which promotes the development and use of alternate 
        energy sources; and
          (5) an international agency performing these 
        functions could be of benefit to all countries and 
        could be particularly effective in assisting developing 
        countries to become more self-sufficient and thereby to 
        increase their standard of living.
    (b) It is therefore the sense of the Congress that the 
United States should encourage the United Nations to convene a 
World Alternate Energy Conference in 1981 for the purpose of 
considering ways to meet the energy needs of the world through 
the development and use of alternate energy sources. Among 
proposals considered at such a conference should be the 
establishment, under United Nations auspices, of an 
international Alternate Energy Commission to encourage the 
worldwide use of alternate energy sources by assisting in the 
dissemination of information and by other appropriate means.
    (c) \33\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \33\ Subsec. (c), which had required a report from the Secretary of 
State on actions taken pursuant to subsec. (b), was repealed by sec. 
505(a)(2) of Public Law 97-241 (96 Stat. 299). The Secretary submitted 
this report on Jan. 19, 1979.
---------------------------------------------------------------------------

                   atrocities in cambodia and uganda

    Sec. 610.\34\ (a) The Congress finds that reliable reports 
of events in Cambodia and Uganda attest to the existence of 
governmental practices in those countries of such systematic 
and extensive brutality as to require special notice and 
continuing condemnation by outside observers.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (b) Recognizing the limited direct influence of the United 
States in Cambodia and Uganda, the Congress urges the President 
to move aggressively to support multilateral action by the 
United Nations and other international organizations, and to 
encourage bilateral action by countries having more extensive 
relations with Cambodia and Uganda, to bring an end to the 
brutal and inhumane practices of the governments of those two 
countries.
    (c) \35\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \35\ Subsec. (c), which had required a report from the Secretary of 
State concerning actions taken pursuant to subsec. (b), was repealed by 
sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299). The Secretary 
submitted this report on January 19, 1979.
---------------------------------------------------------------------------
    (d) It is the sense of the Congress that the President 
should--
          (1) prohibit the export of military, paramilitary, 
        and police equipment to Uganda;
          (2) direct that the visa application of any official 
        or employee of the Government of Uganda seeking to 
        enter the United States for the purpose of military, 
        paramilitary, or police training, may be approved by a 
        consular officer only after the appropriate official of 
        the Department of State in Washington has reviewed the 
        application and has determined that the Government of 
        Uganda has demonstrated a proper respect for the rule 
        of law and for internationally recognized human rights; 
        and
          (3) instruct the Permanent Representative of the 
        United States to the United Nations to submit to the 
        Security Council of the United Nations for its 
        consideration a resolution imposing a mandatory arms 
        embargo on Uganda by all members of the United Nations.

      equitable treatment of united states citizens living abroad

    Sec. 611.\36\ The Congress finds that--
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 1731 note. Sec. 505(a) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (b) of this section. Subsec. (b), as 
amended by sec. 407(b) of Public Law 96-60, had required a report from 
the President identifying all U.S. statutes and regulations which treat 
U.S. citizens living abroad differently from U.S. citizens living in 
the United States or which may cause competitive disadvantage for 
Americans working abroad relative to the treatment by other major 
trading nations of the world of their citizens who are working abroad. 
The report also required an evaluation of such practices and draft 
legislation to correct any unfair or competitively disadvantageous 
treatment. The President submitted reports pursuant to this requirement 
on August 27, 1979, and January 24, 1980.
---------------------------------------------------------------------------
          (1) United States citizens living abroad should be 
        provided fair and equitable treatment by the United 
        States Government with regard to taxation, citizenship 
        of progeny, veterans' benefits, voting rights, Social 
        Security benefits, and other obligations, rights, and 
        benefits; and
          (2) \37\ United States statutes and regulations 
        should be designed so as not to create competitive 
        disadvantage for individual American citizens living 
        abroad or working in international markets.
---------------------------------------------------------------------------
    \37\ Paragraph (2) was amended and restated by sec. 407(a) of 
Public Law 96-60 (93 Stat. 405). It formerly read as follows: ``(2) 
such fair and equitable treatment would be facilitated by a periodic 
review of statutes and regulations affecting Americans living abroad.''
---------------------------------------------------------------------------

           united states-canadian negotiations on air quality

    Sec. 612.\38\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \38\ 42 U.S.C. 7415 note.
---------------------------------------------------------------------------
          (1) the United States and Canada share a common 
        environment along a 5,500 mile border;
          (2) the United States and Canada are both becoming 
        increasingly concerned about the effects of pollution, 
        particularly that resulting from power generation 
        facilities, since the facilities of each country affect 
        the environment of the other;
          (3) the United States and Canada have subscribed to 
        international conventions; have joined in the 
        environmental work of the United Nations, the 
        Organization for Economic Cooperation and Development, 
        and other international environmental forums; and have 
        entered into and implemented effectively the provisions 
        of the historic Boundary Waters Treaty of 1909; and
          (4) the United States and Canada have a tradition of 
        cooperative resolution of issues of mutual concern 
        which is nowhere more evident than in the environmental 
        area.
    (b) It is the sense of the Congress that the President 
should make every effort to negotiate a cooperative agreement 
with the Government of Canada aimed at preserving the mutual 
airshed of the United States and Canada so as to protect and 
enhance air resources and insure the attainment and maintenance 
of air quality protective of public health and welfare.
    (c) It is further the sense of the Congress that the 
President, through the Secretary of State working in concert 
with interested Federal agencies and the affected States, 
should take whatever diplomatic actions appear necessary to 
reduce or eliminate any undesirable impact upon the United 
States and Canada resulting from air pollution from any source.

                        cuban presence in africa

    Sec. 613.\39\ The Congress finds that--
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 2370 note. Sec. 505(a) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (b) of this section which had required a 
report from the President reviewing U.S. diplomatic and economic 
relations with Cuba. The President submitted this report on February 8, 
1979.
---------------------------------------------------------------------------
          (1) the President authorized the exchange of notes of 
        May 30, 1977, between the Governments of the United 
        States and Cuba which established an Interests Section 
        for the United States in the Embassy of Switzerland in 
        Havana and an Interests Section for Cuba in the Embassy 
        of Czechoslovakia in Washington;
          (2) the President has the authority under the Export 
        Administration Act of 1969 to limit trade with Cuba 
        being conducted by subsidiaries of American firms 
        operating in third countries;
          (3) the President has the power to sever all 
        diplomatic and economic relations with Cuba; and
          (4) there has been a sharp increase in the number of 
        Cuban military personnel serving in Africa in the past 
        year.

                        palestinian rights units

    Sec. 614. (a) The Congress, noting United Nations General 
Assembly Resolution 3376 (XXX) which established the Committee 
on the Exercise of the Inalienable Rights of the Palestinian 
People and noting United Nations General Assembly Resolutions 
32/40/A and 32/40/B which continued the mandate of that 
Committee and requested that the Secretary General establish 
within the Secretariat of the United Nations a Special Unit on 
Palestinian Rights, declares that--
          (1) the continuation of the Committee on the Exercise 
        of the Inalienable Rights of the Palestinian People and 
        the creation of the Special Unit on Palestinian Rights 
        are wasteful expenditures of limited United Nations 
        resources at a time when the United Nations is 
        experiencing severe financial difficulties and when the 
        United Nations is under close scrutiny from 
        contributing members;
          (2) the work of the Committee on the Exercise of the 
        Inalienable Rights of the Palestinian People does not 
        contribute to the process of peacemaking underway at 
        present in the Middle East; and
          (3) the United States Ambassador to the United 
        Nations should be instructed to continue to oppose 
        extensions of the mandate of that Committee as well as 
        extensions of the Special Unit on Palestinian Rights.
    (b) It is the sense of the Congress that the President 
should direct the Permanent Representative of the United States 
to the United Nations to use all means at his disposal to 
obtain action by the General Assembly terminating the Committee 
on the Exercise of the Inalienable Rights of the Palestinian 
People and the Special Unit on Palestinian Rights.

                  TITLE VII--MISCELLANEOUS PROVISIONS

          * * * * * * *

             contribution to the international tin council

    Sec. 704. Effective October 1, 1978, there is authorized to 
be appropriated to the President $60,000,000 for the purpose of 
acquiring tin metal to contribute to the buffer stock of the 
International Tin Council established under the Fifth 
International Tin Agreement.

              prohibition on aid or reparations to vietnam

    Sec. 705.\40\ The President shall continue to take all 
possible steps to obtain a final accounting of all Americans 
missing in action in Vietnam.
---------------------------------------------------------------------------
    \40\ Subsec. (a), which had prohibited the use of any funds 
authorized to be appropriated by this Act for reparations, aid, or any 
other form of payment to Vietnam, was repealed by sec. 505(a)(2) of 
Public Law 97-241 (96 Stat. 299).
---------------------------------------------------------------------------

                      use of foreign air carriers

    Sec. 706. Notwithstanding the limitations established by 
section 1117 of the Federal Aviation Act of 1958 (49 U.S.C. 
1517), funds appropriated after the date of enactment of this 
Act to the Department of State, the International 
Communications Agency, the Agency for International Development 
(or any successor agency),\41\ and the Arms Control and 
Disarmament Agency may be used to pay for the transportation, 
between two places both of which are outside the United States, 
of officers and employees of those agencies, their dependents, 
and accompanying baggage, aboard air carriers which do not hold 
certificates under section 401 of that Act.
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    \41\ This responsibility of AID was transferred to the Director of 
IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 
(establishing IDCA).
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          * * * * * * *
    Sec. 709.\42\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \42\ Sec. 709, which had prohibited the use of any funds authorized 
to be appropriated by this Act, directly or indirectly, to effect the 
implementation of the Panama Canal treaties without authorization by 
the Constitution or by Act of Congress, was repealed by sec. 505(a)(2) 
of Public Law 97-241 (96 Stat. 299).
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          * * * * * * *
    Sec. 711.\43\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \43\ Sec. 711, which had authorized $1.5 million in each of the 
fiscal years 1979 and 1980 for a commission on global hunger and 
malnutrition, was repealed by sec. 505(a)(2) of Public Law 97-241 (96 
Stat. 299).
        s. Foreign Relations Authorization Act, Fiscal Year 1978

 Partial text of Public Law 95-105 [H.R. 6689], 91 Stat. 844, approved 
  August 17, 1977; as amended by Public Law 95-426 [Foreign Relations 
    Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963, 
  approved October 7, 1978; Public Law 96-465 [Foreign Service Act of 
  1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; 
Public Law 97-241 [Department of State Authorization Act, Fiscal Years 
1982 and 1983; S. 1193], 96 Stat. 273 at 299, approved August 24, 1982; 
 Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 
   1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994

AN ACT To authorize fiscal year 1978 appropriations for the Department 
   of State, the United States Information Agency, and the Board for 
           International Broadcasting, and for other purposes


          Note.--Sections amend other State Department or 
        foreign relations legislation and are incorporated 
        elsewhere in this volume.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Year 1978''.

                       TITLE I--STATE DEPARTMENT

                    authorization of appropriations

    Sec. 101. (a) There are authorized to be appropriated for 
the Department of State for fiscal year 1978, to carry out the 
authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States, including 
trade negotiations, and other purposes authorized by law, the 
following amounts:
          (1) For the ``Administration of Foreign Affairs'', 
        $762,005,000.
          (2) For ``International Organizations and 
        Conferences'', $426,687,000.\1\
---------------------------------------------------------------------------
    \1\ This authorization figure was substituted in lieu of the 
original authorization of $389,412,000 by sec. 102 of Public Law 95-426 
(92 Stat. 963).
---------------------------------------------------------------------------
          (3) For ``International Commissions'', $21,839,000.
          (4) For ``Education Exchange'', $94,600,000.
          (5) For ``Migration and Refugee Assistance'', 
        $63,554,000.
          (6) For increases in salary, pay, retirement, and 
        other employee benefits authorized by law, and for 
        other nondiscretionary costs, such amounts as may be 
        necessary.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

                           transfer authority

    Sec. 102. Funds authorized to be appropriated for fiscal 
year 1978 by any paragraph of section 101(a) (other than 
paragraph (6)) may be appropriated for such fiscal year for a 
purpose for which appropriations are authorized by any other 
paragraph of such section (other than paragraph (6)), except 
that the total amount appropriated for a purpose described in 
any paragraph of section 101(a) (other than paragraph (6)) may 
not exceed the amount specifically authorized for such purpose 
by section 101(a) by more than 10 per centum.

             contribution to the world health organization

    Sec. 103. Notwithstanding the limitation contained in the 
proviso in the paragraph under the subheading ``Contributions 
to International Organizations'' in title I of the Act of 
October 25, 1972 (86 Stat. 1110),\2\ $7,281,583 of the amount 
authorized to be appropriated by section 101(a)(2) of this Act 
may be used to pay the unpaid portion of the United States 
assessed contributions to the World Health Organization for the 
calendar years 1974 through 1977.
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    \2\ Such Act placed a 25 percent ceiling on U.S. payments of 
assessed contributions to the United Nations or any affiliated agency. 
The amount authorized in this section was in excess of the 25 percent 
limit.
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               assistance for refugees settling in israel

    Sec. 104. Of the amount authorized to be appropriated by 
section 101(a)(5) of this Act, $20,000,000 shall be available 
only for assistance for the resettlement in Israel of refugees 
from the Union of Soviet Socialist Republics and from Communist 
countries in Eastern Europe.
    Sec. 105.\3\ * * * [Repealed--1985]
---------------------------------------------------------------------------
    \3\ Sec. 105, relating to the U.S. contribution to the 
International Committee of the Red Cross, was repealed by sec. 109(d) 
of Public Law 99-93 (99 Stat. 410).
---------------------------------------------------------------------------
          * * * * * * *

              strengthening educational exchange programs

    Sec. 107.\4\ The Congress finds that--
---------------------------------------------------------------------------
    \4\ Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section which had required a report from the 
Secretary of State on measures taken to strengthen educational exchange 
activities. The Secretary submitted this report on January 3, 1978.
---------------------------------------------------------------------------
          (1) for over thirty years the United States program 
        for the international exchange of teachers and 
        scholars, begun by the Act of August 1, 1946 (60 Stat. 
        754; known as the ``Fulbright Act of 1946''), has 
        contributed significantly to the free flow of knowledge 
        and to greater understanding between the United States 
        and other nations;
          (2) it is in the interest of the United States that 
        this program be strengthened; and
          (3) a still stronger educational exchange program can 
        be attained by--
                  (A) diversifying exchange opportunities so as 
                to assist persons from professional and public 
                life to spend time in an academic setting and 
                to assist teachers and scholars to spend time 
                in professional and other pursuits in the 
                public arena;
                  (B) providing sharper focus to exchange 
                activities by bringing selected grant 
                recipients together for joint work on themes 
                and problems identified as having current 
                significance in international affairs; and
                  (C) lengthening the period of some 
                scholarships to allow work by grant recipients 
                to be phased over more than one location.
    Sec. 108.\5\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \5\ Formerly at 22 U.S.C. 2151n-1. Sec. 139(4) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 398), repealed sec. 108, which had required that the 
Secretary of State report annually on Americans incarcerated abroad.
---------------------------------------------------------------------------

                     assistant secretaries of state

    Sec. 109. (a) * * *
    (6) \6\ The individual holding the position of Coordinator 
for Human Rights and Humanitarian Affairs on the date of 
enactment of this section shall assume the duties of the 
Assistant Secretary of State for Human Rights and Humanitarian 
Affairs and shall not be required to be reappointed by reason 
of the enactment of this section.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2384 note. This position has been restated in sec. 
1(c)(2) of the State Department Basic Authorities Act of 1956, as 
amended by sec. 161(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1995 and 1996, as the Assistant Secretary of State for 
Democracy, Human Rights, and Labor.
---------------------------------------------------------------------------
    (7) \7\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \7\ Paragraph (7), which had required a report from the Secretary 
of State on operations and organization plans for the Office of the 
Assistant Secretary for Human Rights and Humanitarian Affairs, was 
repealed by sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299). The 
Secretary submitted this report on January 31, 1978.
---------------------------------------------------------------------------
    (b)-(d) * * *

                saint lawrence seaway toll negotiations

    Sec. 110. (a) There is established an advisory board 
(hereafter in this section referred to as the ``Board'') to 
advise the Secretary of State with respect to the negotiations 
with Canada concerning toll increases on the Saint Lawrence 
Seaway and the Welland Canal.
    (b) The Board shall consist of 15 members appointed by the 
President from among representatives of groups in the Great 
Lakes area which would be affected most directly by increased 
tolls, including port directors, port authorities, maritime 
labor, shipping companies, shippers, and consumers.
    (c)(1) Members of the Board shall each be entitled to 
receive the daily equivalent of the maximum annual rate of 
basic pay in effect for grade GS-15 of the General Schedule for 
each day (including traveltime) during which they are engaged 
in the actual performance of duties vested in the Board.
    (2) While away from their homes or regular places of 
business in the performance of services for the Board, members 
of the Board shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons 
employed intermittently in the Government service are allowed 
expenses under section 5703 of title 5, United States Code.
    (d) The Board shall cease to exist on the date designated 
by the Secretary of State as the date on which the negotiations 
described in subsection (a) are completed or on September 30, 
1978, whichever date occurs first.

                     liability of consular officers

    Sec. 111. (a)(1) Sections 1735 and 1736 of the Revised 
Statutes of the United States (22 U.S.C. 1199) are repealed.\8\
---------------------------------------------------------------------------
    \8\ These sections authorized suits against U.S. consular officers 
for damages due to willful neglect or failure to perform any duty 
imposed by law.
---------------------------------------------------------------------------
    (2) The section analysis of chapter two of title XVIII of 
the Revised Statutes of the United States is amended by 
striking out the items relating to sections 1735 and 1736.
    (b) The repeals made by subsection (a) shall not affect 
suits commenced before the date of enactment of this Act.
          * * * * * * *

             TITLE II--UNITED STATES INFORMATION AGENCY \9\

          * * * * * * *
---------------------------------------------------------------------------
    \9\ For text of this title, see page 1326.
---------------------------------------------------------------------------

             TITLE IV--FOREIGN SERVICE AND OTHER PERSONNEL

          * * * * * * *

  special annuity for certain officers selected-out from the foreign 
                                service

Sec. 411.\10\ (a) Subject to the conditions established in 
subsection (b), any Foreign Service officer--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 1004 note.
---------------------------------------------------------------------------
          (1) who was retired under section 633(a)(1) of the 
        Foreign Service Act of 1946 before the date of 
        enactment of this section;
          (2) who was not in class 1, 2, or 3 at the time of 
        retirement;
          (3) who was 40 years of age or older at the time of 
        retirement; and
          (4) who had at least 20 years of service, exclusive 
        of credit for unused sick leave, creditable for 
        purposes of section 821 of such Act at the time of 
        retirement;
shall be entitled to receive retirement benefits in accordance 
with the provisions of such section 824 in lieu of any 
retirement benefits which the officer may be entitled to elect 
under section 634(b)(2) of such Act. Such retirement benefits 
shall be paid from the Foreign Service Retirement and 
Disability Fund and shall be effective on the date the officer 
reaches age 50, the date of enactment of this section, or 
October 1, 1977, whichever date is latest.
    (b) Retirement benefits may not be paid under this section 
unless (1) any refund of contributions paid to the officer 
under section 634(b)(2) of the Foreign Service Act of 1946 is 
repaid to the Foreign Service Retirement and Disability Fund, 
with interest, in accordance with sections 811 (d) and (f) of 
such Act; and (2) the service forming the basis for such 
retirement benefits is not used as the basis for any other 
retirement benefits under any retirement system.
    (c) In the event that an officer who is entitled to 
retirement benefits under this section dies before reaching the 
age of fifty, but after the date of enactment of this section, 
his or her death shall be considered a death in service within 
the meaning of section 832 of the Foreign Service Act of 
1946,\11\ except that no survivor's annuity (other than a 
survivor's annuity which would be payable under the first 
complete sentence in section 634(b)(2) of such Act but for the 
enactment of this section) shall become effective before 
October 1, 1977.
---------------------------------------------------------------------------
    \11\ Repealed by the Foreign Service Act of 1980.
---------------------------------------------------------------------------
    (d) An officer entitled to retirement benefits under this 
section may make the election described in section 821 (b) or 
(f), as appropriate, of the Foreign Service Act of 1946 \11\ at 
any time before reaching the age of fifty or before the end of 
the sixty-day period beginning on the date of enactment of this 
section, whichever is later.

            compensation for junior foreign service officers

    Sec. 412. (a)(1) Paragraph (2) of section 5541 of title 5, 
United States Code, is amended-- \12\
---------------------------------------------------------------------------
    \12\ This amendment to section 5541 of title 5 excluded Foreign 
Service officers from civil service law which required overtime pay for 
certain Federal employees of GS-10 or lesser rank.
---------------------------------------------------------------------------
          (A) by striking out ``or'' at the end of clause 
        (xii);
          (B) by striking out the period at the end of clause 
        (xiii) and inserting in lieu thereof a semicolon; and
          (C) by adding at the end thereof the following 
        clauses:
                  ``(xiv) a `Foreign Service officer' within 
                the meaning of section 401 of the Foreign 
                Service Act of 1946; or
                  ``(xv) a `Foreign Service information 
                officer' as provided for by the first section 
                of the Act entitled `An Act to promote the 
                foreign policy of the United States by 
                strengthening and improving the Foreign Service 
                personnel system of the International 
                Communication Agency \13\ through establishment 
                of a Foreign Service Information Officer 
                Corps,' approved August 20, 1968''.
---------------------------------------------------------------------------
    \13\ The reference to the International Communication Agency was 
substituted in lieu of a reference to the United States Information 
Agency by sec. 204(b)(5) of Public Law 95-426 (92 Stat. 974). However, 
sec. 303 of Public Law 97-241 (96 Stat. 291) redesignated the Agency as 
the United States Information Agency and directed that any reference to 
the International Communication Agency shall be deemed to refer to the 
United States Information Agency.
---------------------------------------------------------------------------
    (2) The amendments made by paragraph (1) shall take effect 
on October 1, 1978.
    (b) \14\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \14\ Subsec. (b), which had provided for a $250 per annum salary 
increase for Foreign Service officers in classes 5 through 8, was 
repealed by sec. 410 of Public Law 95-426 (92 Stat. 980). Such salary 
increase became effective with pay periods beginning on or after 
October 1, 1978.
---------------------------------------------------------------------------
    Sec. 413.\15\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \15\ Sec. 413 was repealed by sec. 2205(3) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160). For current text 
concerning the employment of family members of Foreign Service 
personnel, see sec. 311 of the Foreign Service Act of 1980.
---------------------------------------------------------------------------

             language training for foreign service spouses

    Sec. 414.\16\ It is the sense of Congress that, in order to 
increase the effectiveness of United States diplomatic 
representation abroad, the Secretary of State should make 
greater use of his authority under section 701 of the Foreign 
Service Act of 1946 in order to increase the language training 
opportunities available to the family members of Foreign 
Service personnel.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 1041 note. Sec. 505(a)(3) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (b) of this section which had required a 
report from the Secretary of State on increased language training 
opportunity for the families of Foreign Service personnel. The 
Secretary submitted this report on December 20, 1977.
---------------------------------------------------------------------------

                   TITLE V--MISCELLANEOUS PROVISIONS

    Sec. 501.\17\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \17\ Sec. 501, which had required a report from the President 
containing recommendations for reorganizing the international 
information, education, cultural, and broadcasting activities of the 
United States, was repealed by sec. 505(a)(3) of Public Law 97-241 (96 
Stat. 299). The President submitted this report on October 31, 1977.
---------------------------------------------------------------------------

                          belgrade conference

    Sec. 502. The Congress finds that the Belgrade Conference 
to review compliance with the Helsinki Accords provides the 
United States an important forum to press its case for greater 
respect for human rights. Furthermore, the Congress is 
convinced that the emphasis given human rights in general by 
the United States should be translated into concern for 
specific individuals. In this regard, the Congress is 
particularly concerned about the fate of Anatoly Shcharansky 
and urges the United States representatives to the Belgrade 
Conference to express the official concern of the United States 
over the Shcharansky case.

                         united nations reform

    Sec. 503.\18\ The United States should make a major effort 
toward reforming and restructuring the United Nations system so 
that it might become more effective in resolving global 
problems. Toward that end, the United States should present a 
program for United Nations reform to the Special United Nations 
Committee on the Charter of the United Nations and on 
Strengthening of the Role of the Organization. In developing 
such a program the United States should give appropriate 
consideration to various possible proposals for reforming the 
United Nations, including but not limited to proposals which 
would--
---------------------------------------------------------------------------
    \18\ Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section which had required a report from the 
President on recommendations for reform in the United Nations. The 
President submitted this report on March 7, 1978.
---------------------------------------------------------------------------
          (1) adjust decisionmaking processes in the United 
        Nations by providing voting in the General Assembly 
        weighted according to population and contributions and 
        by modifying veto powers on certain categories of 
        questions, such as membership recommendations, in the 
        Security Council;
          (2) foster greater use of the International Court of 
        Justice by the United States and other members of the 
        United Nations;
          (3) supplement United Nations finances through 
        contributions from commerce, services, and resources 
        regulated by the United Nations;
          (4) improve coordination of and expand United Nations 
        activities on behalf of human rights;
          (5) establish more effective United Nations machinery 
        for the peaceful settlement of disputes, including 
        means for the submission of differences to mediation or 
        arbitration;
          (6) adjust assessment scale calculations to reflect 
        more accurately the actual ability of member nations to 
        contribute to the United Nations and its specialized 
        agencies; and
          (7) provide greater coordination of United Nations 
        technical assistance activities by the United Nations 
        Development program.

                information offices in the united states

    Sec. 504. It is the sense of the Congress that any foreign 
country should be allowed to maintain an information office in 
the United States if maintenance of such office is consistent 
with United States law.

                        reparations for vietnam

    Sec. 505.\19\ The President shall continue to take all 
possible steps to obtain a final accounting of all Americans 
missing in action in Vietnam.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 2151 note. Sec. 505(a)(3) of Public Law 97-241 (96 
Stat. 299) repealed subsec. (a) of this section which had prohibited 
the use of any funds authorized to be appropriated by this Act for 
reparations, aid, or any other form of payment to Vietnam.
---------------------------------------------------------------------------

                              panama canal

    Sec. 506. Any new Panama Canal treaty or agreement 
negotiated with funds appropriated under this Act must protect 
the vital interests of the United States in the Canal Zone and 
in the operation, maintenance, property, and defense of the 
Panama Canal.

  united nations conference on science and technology for development

    Sec. 507. (a) The President shall take appropriate steps to 
ensure that, at all stages of the United Nations Conference on 
Science and Technology for Development, representatives of the 
United States place important emphasis, in both official 
statements and informal discussions, on the development and use 
of light capital technologies in agriculture, in industry, and 
in the production and conservation of energy.
    (b) As used in this section, the term ``light capital 
technologies'' means those means of production which economize 
on capital wherever capital is scarce and expensive and labor 
abundant and cheap, the purposes being to insure that the 
increasingly scarce capital in the world can be stretched to 
help all, rather than a small minority, of the world's poor; 
that workers will not be displaced by sophisticated labor-
saving devices where there is already much unemployment; and 
further, that, poor nations can be encouraged eventually to 
produce their own capital from surplus labor time, thus 
enhancing their chances of developing independently of outside 
help.
          * * * * * * *

                           foreign employment

    Sec. 509. (a)-(c) \20\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \20\ Public Law 97-295 (96 Stat. 1304) made technical amendments to 
the text of secs. 509(a) through (c), codified it at 37 U.S.C. 908, and 
repealed the existing language of secs. 509(a) through (c). 37 U.S.C. 
908, as amended, reads as follows:
    ``Sec. 908. Employment of reserves and retired members by foreign 
governments
    ``(a) Congressional Consent.--Subject to subsection (b) of this 
section, Congress consents to the following persons accepting civil 
employment (and compensation for that employment) for which the consent 
of Congress is required by the last paragraph of section 9 of article I 
of the Constitution, related to acceptance of emoluments, offices, or 
titles from a foreign government:
---------------------------------------------------------------------------

          ``(1) Retired members of the uniformed services.
          ``(2) Members of a reserve component of the armed forces.
          ``(3) Members of the Commissioned Reserve Corps of the Public 
        Health Service.
---------------------------------------------------------------------------
    ``(b) Approval Required.--A person described in subsection (a) of 
this section may accept employment or compensation described in that 
subsection only if the Secretary concerned and the Secretary of State 
approve the employment.
    ``(c) Military Service in Foreign Armed Forces.--For a provision of 
law providing the consent of Congress to service in the military forces 
of certain foreign nations, see section 1060 of title 10.''.
---------------------------------------------------------------------------
    (d)(1) Section 1032 of title 10, United States Code, is 
repealed.\21\
---------------------------------------------------------------------------
    \21\ 10 U.S.C. 1032 granted congressional consent of foreign 
employment to reserve officers of the Armed Forces only.
---------------------------------------------------------------------------
    (2) The section analysis for chapter 53 of such title is 
amended by striking out the item relating to section 1032.
    (3) Section 280 of such title is amended by striking out 
``1032,''.

                       international food reserve

    Sec. 510.\22\ (a) The Congress finds and declares that--
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 2220 note.
---------------------------------------------------------------------------
          (1) half a billion people suffer from malnutrition or 
        undernutrition;
          (2) very modest shortfalls in crop production can 
        result in widespread human suffering;
          (3) increasing variability in world food production 
        and trade remains an ever-present threat to producers 
        and consumers;
          (4) the World Food Conference recognized the urgent 
        need for an international undertaking on world food 
        security based largely upon strategic food reserves;
          (5) the nations of the world have agreed to begin 
        discussions on a system of grain reserves to regulate 
        food availability;
          (6) the Congress through legislation has repeatedly 
        urged the President to enter negotiations with other 
        nations to establish such a network of grain reserves;
          (7) little progress has resulted from the initial 
        multilateral discussions toward the negotiation of an 
        international grain reserve system;
          (8) this lack of progress caused, in part, by lack of 
        leadership in such discussions; and
          (9) the United States is in a unique position as the 
        world's most important producer of foodstuffs to 
        provide such leadership.
    (b) It is therefore the sense of the Congress that the 
President should initiate a major diplomatic initiative toward 
the creation of an international system of nationally held 
grain reserves which provides for supply assurance to consumers 
and income security to producers.

                         negotiations with cuba

    Sec. 511. (a) It is the sense of the Congress that any 
negotiations toward the normalization of relations with Cuba be 
conducted in a deliberate manner and on a reciprocal basis, and 
that the vital concerns of the United States with respect to 
the basic rights and interests of United States citizens whose 
persons or property are the subject of such negotiations be 
protected.
    (b) Furthermore, it is the sense of Congress that the Cuban 
policies and actions regarding the use of its military and 
paramilitary personnel beyond its borders and its disrespect 
for the human rights of individuals are among the elements 
which must be taken into account in any such negotiations.

                   united states policy toward korea

    Sec. 512.\23\ (a) The Congress declares that--
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 2428a.
---------------------------------------------------------------------------
          (1) United States policy toward Korea should continue 
        to be arrived at by joint decision of the President and 
        the Congress;
          (2) in any implementation of the President's policy 
        of gradual and phased reduction of United States ground 
        forces from the Republic of Korea, the United States 
        should seek to accomplish such reduction in stages 
        consistent with United States interests in Asia, 
        notably Japan, and with the security interests of the 
        Republic of Korea;
          (3) any implementation of this policy should be 
        carried out with a careful regard to the interest of 
        the United States in continuing its close relationship 
        with the people and government of Japan, in fostering 
        democratic practices in the Republic of Korea, and in 
        maintaining stable relations among the countries of 
        East Asia; and
          (4) these interests can be served most effectively by 
        a policy which involves consultations by the United 
        States Government, as appropriate, with the governments 
        of the region, particularly those directly involved.
    (b)(1) \24\ Any implementation of the foregoing policy 
shall be carried out in regular consultation with the Congress.
---------------------------------------------------------------------------
    \24\ Sec. 139(5) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398), repealed para. 
(2) of this subsec., which had required that the President report 
annually on the implementation of the policy outlined in this section.
---------------------------------------------------------------------------
    Sec. 513.\25\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \25\ Sec. 513, which had requested the Secretary of State to report 
at an appropriate date to Congress on procedures followed by the 
executive branch in preparation for the U.N. special session on 
disarmament and on U.S. objectives for that special session, was 
repealed by Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299).
---------------------------------------------------------------------------

              international boundary and water commission

    Sec. 514. (a) Section 2(2) of the Act entitled ``An Act to 
authorize conclusion of an agreement with Mexico for joint 
measures for solution of the Lower Rio Grande salinity 
problem,'' approved September 19, 1966 (22 U.S.C. 277d-31), is 
amended by inserting immediately after ``$25,000'' the 
following: ``based on estimated calendar year 1976 costs, plus 
or minus such amounts as may be justified by reason of ordinary 
fluctuations in operation and maintenance costs involved 
therein,''.
    (b) Section 3 of the Act entitled ``An Act to authorize the 
conclusion of agreements with Mexico for joint construction, 
operation, and maintenance of emergency flood control works on 
the lower Colorado River, in accordance with the provisions of 
article 13 of the 1944 Water Treaty with Mexico, and for other 
purposes'', approved August 10, 1964 (22 U.S.C. 277d-28), is 
amended by inserting immediately after ``$30,000'' the 
following: ``based on December 1975 prices, plus or minus such 
amounts as may be justified by reason of ordinary fluctuations 
in operation and maintenance costs involved therein,''.
    (c) Section 103 of the American-Mexican Treaty Act of 1950 
(22 U.S.C. 277d-3) is amended by striking out ``$100 per diem'' 
in the second sentence and inserting in lieu thereof ``the 
maximum daily rate for grade GS-15 of the General Schedule''.
    (d) The amendments made by this section shall take effect 
on October 1, 1977.

                     foreign gifts and decorations

    Sec. 515. (a) \26\ * * *
---------------------------------------------------------------------------
    \26\ Subsec. (a) comprehensively amended 5 U.S.C. 7342, entitled, 
``Receipt and disposition of foreign gifts and decorations''.
---------------------------------------------------------------------------
    (b)(1) After September 30, 1977, no appropriated funds, 
other than funds from the ``Emergencies in the Diplomatic and 
Consular Service'' account of the Department of State, may be 
used to purchase any tangible gift of more than minimal value 
(as defined in section 7342(a)(5) of title 5, United States 
Code) for any foreign individual unless such gift has been 
approved by the Congress.
    (2) Beginning October 1, 1977, the Secretary of State shall 
annually transmit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report containing details on (1) any 
gifts of more than minimal value purchased with appropriated 
funds which were given to a foreign individual during the 
previous fiscal year, and (2) any other gifts of more than 
minimal value given by the United States Government to a 
foreign individual which were not obtained using appropriated 
funds.
        t. Foreign Relations Authorization Act, Fiscal Year 1977

  Partial text of Public Law 94-350 [S. 3168], 90 Stat. 823, approved 
  July 12, 1976; as amended by Public Law 95-45 [Department of State 
  Authorization, Fiscal Year 1977; H.R. 5040], 91 Stat. 221, approved 
  June 15, 1977; Public Law 96-465 [Foreign Service Act of 1980, H.R. 
6790], 94 Stat. 2071 at 2160, approved October 17, 1980; Public Law 97-
241 [Department of State Authorization Act, Fiscal Years 1982 and 1983; 
S. 1193], 96 Stat. 273 at 299, approved August 24, 1982; Public Law 99-
   514 [Tax Reform Act of 1986, H.R. 3838], 100 Stat. 2085, approved 
                            October 22, 1986

AN ACT To authorize fiscal year 1977 appropriations for the Department 
   of State, the United States Information Agency, and the Board for 
          International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Relations Authorization Act, 
Fiscal Year 1977''.


          Note.--Sections amend other State Department or 
        foreign relations legislation and are incorporated 
        elsewhere in this volume. In addition, title V of this 
        Act which relates to Foreign Service retirement may be 
        found on page 776.



                       TITLE I--STATE DEPARTMENT

                    authorization of appropriations

    Sec. 101. (a) There are authorized to be appropriated for 
the Department of State for fiscal year 1977, to carry out the 
authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States, including 
trade negotiations, and other purposes authorized by law, the 
following amounts:
          (1) For the ``Administration of Foreign Affairs'', 
        $552,455,000.
          (2) For ``International Organizations and 
        Conferences'', $402,460,453.\1\
---------------------------------------------------------------------------
    \1\ Sec. 1 of Public Law 95-45 substituted ``$402,460,453'' and 
``$28,725,000'' in lieu of ``$342,460,453'' and ``$10,000,000,'' 
respectively.
---------------------------------------------------------------------------
          (3) For ``International Commissions'', $17,069,000.
          (4) For ``Educational Exchange'', $68,500,000.
          (5) For ``Migration and Refugee Assistance'', 
        $28,725,000.\2\
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    \2\ The Supplemental Appropriations Act, 1977 (Public Law 95-26), 
provided: ``For an additional amount for `Migration and refugee 
assistance', $18,725,000, to remain available until December 31, 1977: 
Provided, That of the funds appropriated under this paragraph, 
$3,000,000 shall be allocated for reception and placement of refugees 
in the United States: Provided further, That this appropriation shall 
be made available only upon enactment into law of authorizing 
legislation.''.
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          (6) For increases in salary, pay, retirement, and 
        other employee benefits authorized by law, and for 
        other nondiscretionary costs, such amounts as may be 
        necessary.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

                           transfer authority

    Sec. 102. Funds authorized to be appropriated for fiscal 
year 1977 by any paragraph of section 101(a) (other than 
paragraph (6)) may be appropriated for such fiscal year for a 
purpose for which appropriations are authorized by any other 
paragraph of such section (other than paragraph (6)), except 
that the total amount appropriated for a purpose described in 
any paragraph of section 101(a) (other than paragraph (6)) may 
not exceed the amount specifically authorized for such purpose 
by section 101(a) by more than 10 per centum.

    contribution to the united nations educational, scientific, and 
                         cultural organization

    Sec. 103. Notwithstanding the limitation contained in the 
proviso in the paragraph under the subheading ``Contributions 
to International Organizations'' in title I of the Act of 
October 25, 1972 (86 Stat. 1110), and notwithstanding the 
requirements of section 302(h) of the Foreign Assistance Act of 
1961, $3,545,453 of the amount authorized to be appropriated by 
section 101(a)(2) of this Act may be used to complete the 
fiscal year 1975 United States contribution to the United 
Nations Educational, Scientific, and Cultural Organization.
          * * * * * * *

                       russian refugee assistance

    Sec. 105. In addition to amounts otherwise available, there 
are authorized to be appropriated to the Secretary of State for 
fiscal year 1977 not to exceed $20,000,000 \3\ to carry out the 
provisions of section 101(b) of the Foreign Relations 
Authorizations Act of 1972 \4\ (relating to Russian refugee 
assistance) and to furnish similar assistance to refugees from 
Communist countries in Eastern Europe. None of the funds 
appropriated under this section may be used to resettle 
refugees in any country other than Israel. Amounts appropriated 
under this section are authorized to remain available until 
expended.
---------------------------------------------------------------------------
    \3\ The Foreign Assistance Appropriations Act, 1977, provided: 
``For necessary expenses to carry out the provisions of section 101(b) 
of the Foreign Relations Authorization Act of 1972 and the provisions 
of section 105 of the Foreign Relations Authorization Act, Fiscal Year 
1977, $15,000,000.''.
    \4\ Sec. 101(b) of the Foreign Relations Authorizations Act of 1972 
read as follows: ``The Secretary of State is authorized to furnish, on 
terms and conditions he considers appropriate, assistance to Israel or 
another suitable country, including assistance for the resettlement in 
Israel or such country of Jewish or other similar refugees from the 
Union of Soviet Socialist Republics. There are authorized to be 
appropriated to the Secretary not to exceed $85,000,000 to carry out 
the provisions of this subsection.''.
---------------------------------------------------------------------------

                     united states passport office

    Sec. 106. In addition to amounts otherwise available for 
such purposes, there is authorized to be appropriated for 
fiscal year 1977, $1,000,000, to be used for miniaturization of 
the files of the United States Passport Office. Amounts 
appropriated under this section are authorized to remain 
available until expended.
          * * * * * * *

                  payment to lady catherine helen shaw

    Sec. 108. Of the amount appropriated under paragraph (1) of 
section 101(a) of this Act for salaries and expenses, $10,000 
shall be available for payment ex gratia to Lady Catherine 
Helen Shaw, wife of the former Australian Ambassador to the 
United States, as an expression of the concern of the United 
States Government for the injuries which she sustained as a 
result of an attack on her in the District of Columbia.
          * * * * * * *

                           pan american games

    Sec. 110. (a) The Congress finds that--
          (1) the Eighth Pan American Games to be held in San 
        Juan, Puerto Rico, in 1979 will provide an opportunity 
        for more than six thousand young men and women, 
        representing thirty-three countries in the Western 
        Hemisphere, to participate in friendly athletic 
        competition;
          (2) international sporting events such as the Eighth 
        Pan American Games make a unique contribution in 
        promoting common understanding and mutual respect among 
        people of different cultural backgrounds; and
          (3) the President has the authority under the Mutual 
        Educational and Cultural Exchange Act of 1961 to 
        provide financing, when he considers that it would 
        strengthen international cooperative relations, for (A) 
        tours abroad by American athletes, (B) United States 
        representation in international sports competitions, 
        and (C) participation by groups and individuals from 
        other countries in tours and in sports competitions in 
        the United States.
    (b) In order to strengthen international cooperative 
relations and promote the purposes of the Mutual Educational 
and Cultural Exchange Act of 1961,\5\ the Secretary of State 
shall use funds appropriated to carry out this section to 
provide financial assistance for the Eighth Pan American Games 
to be held in Puerto Rico in 1979. Such funds shall be 
transferred by the Secretary to the Recreation Development 
Company of Puerto Rico (a government corporation of the 
Commonwealth of Puerto Rico) for expenses directly related to 
the Eighth Pan American Games, including expenses for--
---------------------------------------------------------------------------
    \5\ The Supplemental Appropriations Act, 1977 (Public Law 95-26; 91 
Stat. 89), appropriated $10,000,000, ``to remain available until 
expended.''.
---------------------------------------------------------------------------
          (1) promoting, organizing, and conducting such games;
          (2) constructing new and repairing existing athletic 
        and recreational facilities;
          (3) providing lodging, food, and transportation for 
        participants in such games and for related personnel; 
        and
          (4) acquiring necessary material and equipment for 
        such games. Such expenditures shall be subject to such 
        controls and audits as the Comptroller General may 
        prescribe.
    (c) To carry out this section, there is authorized to be 
appropriated to the Secretary of State $12,000,000.\5\
          * * * * * * *

          membership authority for international organizations

    Sec. 113. The President is authorized to maintain United 
States membership in the International Cotton Advisory 
Committee, the International Lead and Zinc Study Group, the 
International Rubber Study Group, and the International Seed 
Testing Association.

                              panama canal

    Sec. 114. Any new Panama Canal treaty or agreement 
negotiated with funds appropriated under this title must 
protect the vital interests of the United States in the Canal 
Zone and in the operation, maintenance, property, and defense 
of the Panama Canal.

                     international joint commission

    Sec. 115. After the date of enactment of this Act, any 
commissioner of the International Joint Commission appointed on 
the part of the United States, pursuant to article VII of the 
treaty between the United States and Great Britain relating to 
boundary waters between the United States and Canada, signed at 
Washington on January 11, 1909 (36 Stat. 2448, TS 548, III 
Redmond 2607), shall be appointed by the President by and with 
the advice and consent of the Senate.
          * * * * * * *
    Sec. 117.\6\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \6\ Sec. 117 was repealed by sec. 2205(4) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160).
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 120.\7\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \7\ Sec. 120 was repealed by sec. 2205(4) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160).
---------------------------------------------------------------------------

                             discrimination

    Sec. 121.\8\ Information should not be disseminated about 
opportunities for, and there should be no participation or 
other assistance by any officer or employee of the Department 
of State (including the Agency for International Development) 
in, the negotiation of any contract or arrangement with a 
foreign country, individual, or entity, if--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2661a.
---------------------------------------------------------------------------
          (1) any United States person (as defined in section 
        7701(a)(30) of the Internal Revenue Code of 1986) \9\ 
        is prohibited from entering into such contract or 
        arrangement, or
---------------------------------------------------------------------------
    \9\ Sec. 2 of Public Law 99-514 (100 Stat. 2095) redesignated 
``Internal Revenue Code of 1954'' as ``Internal Revenue Code of 1986''.
---------------------------------------------------------------------------
          (2) such contract or arrangement requires that any 
        such person be excluded from participating in the 
        implementation of such contract or arrangement,
on account of the race, religion, national origin, or sex of 
such person in the case of an individual or, in the case of a 
partnership, corporation, association, or other entity, any 
officer, employee, agent, director, or owner thereof.

            TITLE II--UNITED STATES INFORMATION AGENCY \10\

          * * * * * * *
---------------------------------------------------------------------------
    \10\ For text of this title, see page 1330.
---------------------------------------------------------------------------

                        TITLE IV--MISCELLANEOUS

          * * * * * * *
    Sec. 403.\11\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \11\ Sec. 403, which had required a report from the President 
concerning international broadcasting, was repealed by sec. 505(a)(4) 
of Public Law 97-241 (96 Stat. 299). The President submitted this 
report on March 22, 1977.
---------------------------------------------------------------------------
          * * * * * * *
        u. Foreign Relations Authorization Act, Fiscal Year 1976

  Partial text of Public Law 94-141 [S. 1517], 89 Stat. 756, approved 
November 29, 1975; as amended by Public Law 97-241 [Department of State 
 Authorization, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 273 at 
                     299, approved August 24, 1982

 AN ACT To authorize appropriations for the administration of foreign 
  affairs; international organizations, conferences, and commissions; 
       information and cultural exchange; and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Relations Authorization Act, 
Fiscal Year 1976''.

               TITLE I--ADMINISTRATION OF FOREIGN AFFAIRS

                      Part 1--Department of State

          * * * * * * *

                  travel document and issuance system

    Sec. 102.\1\ No part of any funds authorized to be 
appropriated by this title may be used for the development or 
implementation of the Travel Document and Issuance System which 
has been proposed by the United States Passport Office (and 
which involves a restructuring of the passport issuance 
function and the issuance of machine readable passport books), 
or of any other new passport system.
---------------------------------------------------------------------------
    \1\ Sec. 505(a)(5) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section which had authorized $100,000 to conduct a 
study on the desirability and cost implications of the Travel Document 
and Issuance System. Congress received this study on February 5, 1976.
---------------------------------------------------------------------------
          * * * * * * *

       reopening of united states consulate at gothenburg, sweden

    Sec. 105. (a) It is the sense of the Congress that the 
United States Consulate at Gothenburg, Sweden, should be 
reopened as soon as possible after the date of enactment of 
this Act.
    (b)(1) There are authorized to be appropriated for the 
Department of State for fiscal year 1976, in addition to 
amounts authorized under section 101 of this Act, such sums as 
may be necessary for the operation of such consulate.
    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.

                     agricultural attache in china

    Sec. 106. It is the sense of the Congress that the 
President should establish an agricultural attache in the 
People's Republic of China.
          * * * * * * *

  TITLE II--INTERNATIONAL ORGANIZATIONS, CONFERENCES, AND COMMISSIONS

          * * * * * * *

 united states contribution to the united nations university endowment 
                                  fund

    Sec. 205. There is authorized to be appropriated, upon 
request of the President, to the President for fiscal year 
1977, $10,000,000 to be used for a contribution of the United 
States to the United Nations University Endowment Fund, such 
contribution to be made on such terms as the President finds 
will promote the purposes of the University as stated in 
University Charter approved by the General Assembly of the 
United Nations in December 1973; except that the contribution 
of the United States to the United Nations University Endowment 
Fund may not exceed 25 per centum of the total amount actually 
contributed to such fund by other members of the United 
Nations. Amounts appropriated under this section are authorized 
to remain available until expended.
          * * * * * * *

                       TITLE IV--FOREIGN SERVICE

          * * * * * * *
    Sec. 406.\2\ * * *
---------------------------------------------------------------------------
    \2\ Sec. 406 amended the Act of June 28, 1955 (22 U.S.C. 2666), to 
authorize certain officers and employees to carry firearms. The Act of 
June 28, 1955 was subsequently repealed by Public Law 99-93. See 
instead, sec. 37 of the State Department Basic Authorities Act of 1956.
---------------------------------------------------------------------------
          * * * * * * *

                            TITLE V--GENERAL

          * * * * * * *

  united nations cooperation regarding members of united states armed 
               forces missing in action in southeast asia

    Sec. 503.\3\ The President shall direct the United States 
Ambassador to the United Nations to insist that the United 
Nations take all necessary and appropriate steps to obtain an 
accounting of members of the United States Armed Forces and 
United States civilians missing in action in Southeast Asia.
---------------------------------------------------------------------------
    \3\Sec. 505(a)(5) of Public Law 97-241 (96 Stat. 299) repealed 
subsec. (b) of this section which had required a report from the 
President on actions taken by the United Nations to account for U.S. 
servicemen and civilians missing in action in Southeast Asia. The 
President submitted this report on June 1, 1976.
---------------------------------------------------------------------------
      
      v. State Department/USIA Authorization Act, Fiscal Year 1975

 Partial text of Public Law 93-475 [S. 3473], 88 Stat. 1439, approved 
October 26, 1974; as amended by Public Law 97-241 [Department of State 
 Authorization, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 273 at 
                     299, approved August 24, 1982

AN ACT To authorize appropriations for the Department of State and the 
       United States Information Agency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``State Department/USIA Authorization 
Act, Fiscal Year 1975''.
          * * * * * * *

                    repeal of the formosa resolution

    Sec. 3. The joint resolution entitled ``Joint resolution 
authorizing the President to employ the Armed Forces of the 
United States for protecting the security of Formosa, the 
Pescadores and related possessions and territories of that 
area'', approved January 29, 1955 (69 Stat. 7, Public Law 84-
4), and known as the Formosa Resolution, is repealed.
          * * * * * * *

                         limitation on payments

    Sec. 8. There are authorized to be appropriated funds for 
payment prior to January 1, 1975, of United States expenses of 
membership in the United Nations Educational, Scientific, and 
Cultural Organization, the International Civil Aviation 
Organization, and the World Health Organization notwithstanding 
that such payments are in excess of 25 percent of the total 
annual assessment of such organizations.
          * * * * * * *

                        international materials

    Sec. 14. It is the sense of the Congress that the Secretary 
of State should, and he is authorized to, establish within the 
Department of State a bureau which shall be responsible for 
continuously reviewing (1) the supply, demand, and price, 
throughout the world, of basic raw and processed materials 
(including agricultural commodities), and (2) the effect of 
United States Government programs and policies (including tax 
policy) in creating or alleviating, or assisting in creating or 
alleviating, shortages of such materials. In conducting such 
review, the bureau should obtain information with respect to--
          (A) the supply, demand, and price of each such 
        material in each major importing, exporting, and 
        producing country and region of the world in order to 
        understand long-term and short-term trends in the 
        supply, demand, and price of such materials;
          (B) projected imports and exports of such materials 
        on a country-by-country basis;
          (C) unusual patterns or changes in connection with 
        the purchase or sale of such materials;
          (D) a list of such materials in short supply and an 
        estimate of the amount of shortage;
          (E) international geological, geophysical, and 
        political conditions which may affect the supply of 
        such materials; and
          (F) other matters that the Secretary considers 
        appropriate in carrying out this section.
    Sec. 15.\1\ * * * [Repealed--1982]
---------------------------------------------------------------------------
    \1\ Sec. 15, which had expressed the sense of the Congress that the 
Secretary of State should prepare a plan to reduce aid to South 
Vietnam, that the number of executive branch personnel (except members 
of certain agencies) located overseas should be reduced, and that the 
number of Defense Department officials assigned to military aid 
missions abroad should be reduced, was repealed by sec. 505(a)(6) of 
Public Law 97-241 (96 Stat. 299). Pursuant to sec. 15, the Secretary of 
State submitted a report on April 28, 1975, describing steps taken to 
carry out these provisions.
    w. Department of State Appropriations Authorization Act of 1973

 Partial text of Public Law 93-126 [H.R. 7645], 87 Stat. 451, approved 
October 18, 1973; as amended by Public Law 93-312 [Department of State 
 Appropriations Authorization Act of 1973, H.R. 12466], 88 Stat. 237, 
      approved June 8, 1974; Public Law 93-475 [State Department 
   Authorization, Fiscal Year 1975; S. 3473], 88 Stat. 1439 approved 
 October 26, 1974; Public Law 95-426 [Foreign Relations Authorization 
   Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 969, approved 
 October 7, 1978; Public Law 96-465 [Foreign Service Act of 1980, H.R. 
6790], 94 Stat. 2071 at 2160, approved October 17, 1980; Public Law 99-
 93 [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; 
H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 103-236 
[Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 
 2333], 108 Stat. 382, approved April 30, 1994; and by Public Law 103-
    306 [Foreign Operations, Export Financing, and Related Programs 
 Appropriations Act, 1995; H.R. 4426], 108 Stat. 1608, approved August 
                                23, 1994

AN ACT To authorize appropriations for the Department of State, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Department of State Appropriations 
Authorization Act of 1973''.
          * * * * * * *
    Sec. 6.\1\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1\ Sec. 6, as amended by Public Law 93-475, was repealed by sec. 
2205(5) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 
2160). Sec. 6 had required the submission of a report to Congress 
detailing the political campaign contributions made by ambassadors and 
ministers (and their families) nominated by the President. This 
requirement now applies to all individuals nominated to be chiefs of 
mission, ambassadors at large, and ministers, and can be found at sec. 
304(b)(2) of the Foreign Service Act of 1980.
---------------------------------------------------------------------------
          * * * * * * *

bureau of oceans and international environmental and scientific affairs

    Sec. 9.\2\ (a) \3\ There is established within the 
Department of State a Bureau of Oceans and International 
Environmental and Scientific Affairs. There \4\ shall be an 
Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs, appointed by the 
President, by and with the advice and consent of the Senate, 
who shall be the head of the Bureau and who shall have 
responsibility for matters relating to oceans, environmental, 
scientific, fisheries, wildlife, and conservation affairs and 
for such other related duties as the Secretary may from time to 
time designate.\5\
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2655a. In Department of State Public Notice No. 2719 
of January 8, 1998 (63 F.R. 6253), the Secretary of State delegated 
``the duties, functions and responsibilities now or hereafter vested in 
the Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs to the Principal Deputy Assistant 
Secretary for Ocean [sic] and International Environmental and 
Scientific Affairs.''.
    \3\ Sec. 162(q)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), struck 
out subsec. (b) to this sec., which had amended 5 U.S.C. 5315 to add 
reference to this Assistant Secretary of State.
    \4\ Sec. 162(q)(1)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), struck 
out ``In addition to the positions provided under the first section of 
the Act of May 26, 1949, as amended (22 U.S.C. 2652), there'', and 
inserted in lieu thereof ``There''.
    \5\ Sec. 162(q)(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), 
inserted ``and for such other related duties as the Secretary may from 
time to time designate'' before the period in this subsec.
---------------------------------------------------------------------------
          * * * * * * *

         reimbursement for detailed state department personnel

    Sec. 11. (a) An Executive agency to which any officer or 
employee of the Department of State is detailed, assigned, or 
otherwise made available, shall reimburse the Department for 
the salary and allowances of each such officer or employee for 
the period the officer or employee is so detailed, assigned, or 
otherwise made available. However, if the Department of State 
has an agreement with an Executive agency or agencies providing 
for the detailing, assigning, or otherwise making available, of 
substantially the same numbers of officers and employees 
between the Department and the Executive agency or agencies, 
and such numbers with respect to a fiscal year are so detailed, 
assigned, or otherwise made available, or if the period for 
which the officer or employee is so detailed, assigned, or 
otherwise made available does not exceed one year,\6\ or if the 
number of officers and employees so detailed, assigned, or 
otherwise made available at any one time does not exceed 
fifteen and the period of any such detail, assignment, or 
availability of an officer or employee does not exceed two 
years,\7\ no reimbursement shall be required to be made under 
this section. Officers and employees of the Department of State 
who are detailed, assigned, or otherwise made available to 
another Executive agency for a period of not to exceed one year 
shall not be counted toward any personnel ceiling for the 
Department of State established by the Director of the Office 
of Management and Budget.\6\
---------------------------------------------------------------------------
    \6\ Sec. 118 of Public Law 95-426 (92 Stat. 969) extended this time 
period from ninety days to one year and added the final sentence of 
subsec. (a).
    \7\ Sec. 117 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 405), added text 
beginning with ``or if the number * * *'' to this point.
---------------------------------------------------------------------------
    (b) For purposes of this section, ``Executive agency'' has 
the same meaning given that term by section 105 of title 5, 
United States Code.
          * * * * * * *
    Sec. 13.\8\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \8\ Formerly at 5 U.S.C. 5924. Sec. 13, which had required 
Congressional authorization for the involvement of U.S. Armed Forces in 
further hostilities in Indochina, and for extending assistance to North 
Vietnam, was repealed by sec. 526(b) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1995 (Public Law 
103-306; 108 Stat. 1632).
---------------------------------------------------------------------------

            limitation on publicity and propaganda purposes

    Sec. 14. No appropriation made available under this Act 
shall be used--
          (1) for publicity or propaganda purposes designed to 
        support or defeat legislation pending before Congress; 
        or
          (2) to influence in any way the outcome of a 
        political election.
          * * * * * * *

               mutual restraint on military expenditures

    Sec. 16. It is the sense of the Congress that the United 
States and the Union of Soviet Socialist Republics should, on 
an urgent basis and in their mutual interests, seek agreement 
on specific mutual reductions in their respective expenditures 
for military purposes so that both nations can devote a greater 
proportion of their available resources to the domestic needs 
of their respective peoples; and, the President of the United 
States is requested to seek such agreements for the mutual 
reduction of armament and other military expenditures in the 
course of all discussions and negotiations in extending 
guaranties, credits, or other forms of direct or indirect 
assistance to the Soviet Union.
          * * * * * * *
       x. Foreign Relations Authorization Act of 1972, as amended

Partial text of Public Law 92-352 [H.R. 14734], 86 Stat. 489, approved 
  July 13, 1972; as amended by Public Law 93-126 [Department of State 
  Appropriations Authorization Act of 1973, H.R. 7645], 87 Stat. 451, 
 approved October 18, 1973; and by Public Law 105-277 [Foreign Affairs 
 Agencies Consolidation Act of 1998, subdivision A of division G, H.R. 
         4328], 112 Stat. 2681-765), approved October 21, 1998

 AN ACT To provide authorizations for certain agencies conducting the 
    foreign relations of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Relations Authorization Act 
of 1972''.
          * * * * * * *

             TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

          * * * * * * *

               expression of individual views to congress

    Sec. 502.\1\ Upon the request of a committee of either 
House of Congress, a joint committee of Congress, or a member 
of such committee, any officer or employee of \2\ the 
Department of State,\3\ the Agency for International 
Development,\4\ or any other department, agency, or independent 
establishment of the United States Government primarily 
concerned with matters relating to foreign countries or 
multilateral organizations, may express his views and opinions, 
and make recommendations he considers appropriate, if the 
request of the committee or member of the committee relates to 
a subject which is within the jurisdiction of that committee.
---------------------------------------------------------------------------
    \1\ 2 U.S.C. 194a.
    \2\ Sec. 1335(n) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-789) struck out ``the United States Information Agency,'' after 
``Department of State''.
    \3\ Sec. 1225(g) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-775) struck out`` the United States Arms Control and Disarmament 
Agency,'' after ``Agency for International Development''.
    \4\ Sec. 17 of Public Law 93-126 (87 Stat. 452), inserted the words 
``or employees of'' in lieu of ``appointed by the President, by and 
with the advice and consent of the Senate, in a position in''.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE VI--STUDY COMMISSION RELATING TO FOREIGN POLICY

                          findings and purpose

    Sec. 601.\5\ It is the purpose of this title to establish a 
study commission which will submit findings and recommendations 
to provide a more effective system for the formulation and 
implementation of the Nation's foreign policy.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2821.
---------------------------------------------------------------------------

  commission on the organization of the government for the conduct of 
                             foreign policy

    Sec. 602.\6\ (a) To carry out the purpose of section 601 of 
this Act, there is established a Commission on the Organization 
of the Government for the Conduct of Foreign Policy (hereafter 
referred to in this title as the ``Commission'').
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2822.
---------------------------------------------------------------------------
    (b) The Commission shall be composed of the following 
twelve members:
          (1) four members appointed by the President, two from 
        the executive branch of the Government and two from 
        private life;
          (2) four members appointed by the President of the 
        Senate, two from the Senate (one from each of the two 
        major political parties) and two from private life; and
          (3) four members appointed by the Speaker of the 
        House of Representatives, two from the House of 
        Representatives (one from each of the two major 
        political parties) and two from private life.
    (c) The Commission shall elect a Chairman and a Vice 
Chairman from among its members.
    (d) Seven members of the Commission shall constitute a 
quorum. Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the 
original appointment was made.
    (e) Each member of the Commission who is not otherwise 
employed by the United States Government shall receive $145 a 
day (including traveltime) during which he is engaged in the 
actual performance of his duties as a member of the Commission. 
A member of the Commission who is an officer or employee of the 
United States Government shall serve without additional 
compensation. All members of the Commission shall be reimbursed 
for travel, subsistence, and other necessary expenses incurred 
by them in the performance of their duties.

                        duties of the commission

    Sec. 603.\7\ (a) The Commission shall study and investigate 
the organization, methods of operation, and powers of all 
departments, agencies, independent establishments, and 
instrumentalities of the United States Government participating 
in the formulation and implementation of United States foreign 
policy and shall make recommendations which the Commission 
considers appropriate to provide improved governmental 
processes and programs in the formulation and implementation of 
such policy, including, but not limited to, recommendations 
with respect to--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2823.
---------------------------------------------------------------------------
          (1) the reorganization of the departments, agencies, 
        independent establishments, and instrumentalities of 
        the executive branch participating in foreign policy 
        matters;
          (2) more effective arrangements between the executive 
        branch and Congress, which will better enable each to 
        carry out its constitutional responsibilities;
          (3) improved procedures among departments, agencies, 
        independent establishments, and instrumentalities of 
        the United States Government to provide improved 
        coordination and control with respect to the conduct of 
        foreign policy;
          (4) the abolition of services, activities, and 
        functions not necessary to the efficient conduct of 
        foreign policy; and
          (5) other measures to promote peace, economy, 
        efficiency, and improved administration of foreign 
        policy.
    (b) The Commission shall submit a comprehensive report to 
the President and Congress, not later than June 30, 1975,\8\ 
containing the findings and recommendations of the Commission 
with respect to its study and investigation. Such 
recommendations may include proposed constitutional amendments, 
legislation, and administrative actions the Commission 
considers appropriate in carrying out its duties. The 
Commission shall cease to exist on the thirtieth day after the 
date on which it files the comprehensive report under this 
subsection.
---------------------------------------------------------------------------
    \8\ Sec. 4 of Public Law 93-126 (87 Stat. 452), changed the date to 
June 30, 1975, from June 30, 1974.
---------------------------------------------------------------------------

                        powers of the commission

    Sec. 604.\9\ (a) The Commission or, on the authorization of 
the Commission, any subcommittee or member thereof, may, for 
the purpose of carrying out the provisions of this title, hold 
such hearings and sit and act at such times and places, 
administer such oaths, and require, by subpena or otherwise, 
the attendance and testimony of such witnesses and the 
production of such books, records, correspondence, memorandums, 
papers, and documents as the Commission or such subcommittee or 
member may deem advisable. Subpenas may be issued under the 
signature of the Chairman of the Commission, of any such 
subcommittee, or any designated member, and may be served by 
any person designated by such Chairman or member. The 
provisions of sections 102 through 104 of the Revised Statutes 
of the United States (2 U.S.C. 192-194) shall apply in the case 
of any failure of any witness to comply with any subpena or to 
testify when summoned under authority of this section.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2824.
---------------------------------------------------------------------------
    (b) The Commission is authorized to secure directly from 
any executive department, bureau, agency, board, commission, 
office, independent establishment, or instrumentality 
information, suggestions, estimates and statistics for the 
purposes of this title. Each such department, bureau, agency, 
board, commission, office, establishment, or instrumentality is 
authorized and directed, to the extent authorized by law, to 
furnish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request made by the 
Chairman or Vice Chairman.

                        staff of the commission

    Sec. 605.\10\ (a) The Commission shall have power to 
appoint and fix the compensation of such personnel as it deems 
advisable, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2825.
---------------------------------------------------------------------------
    (b) The Commission is authorized to procure the services of 
experts and consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to exceed the 
daily rate paid a person occupying a position at GS-18.

                       expenses of the commission

    Sec. 606.\11\ There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
title.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2826.
---------------------------------------------------------------------------
      
                 y. Department of State Appropriations

  (1) Department of State and Related Agency Appropriations Act, 2001

 Partial text of Public Law 106-553 [Title IV of H.R. 5548, enacted by 
  reference in H.R. 4942], 114 Stat. 2762, approved December 21, 2000

          * * * * * * *

  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 2001, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2001, and for other purposes, namely:
          * * * * * * *

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including 
employment, without regard to civil service and classification 
laws, of persons on a temporary basis (not to exceed $700,000 
of this appropriation), as authorized; representation to 
certain international organizations in which the United States 
participates pursuant to treaties, ratified pursuant to the 
advice and consent of the Senate, or specific Acts of Congress; 
arms control, nonproliferation and disarmament activities as 
authorized; acquisition by exchange or purchase of passenger 
motor vehicles as authorized by law; and for expenses of 
general administration, $2,758,725,000: Provided, That, of the 
amount made available under this heading, not to exceed 
$4,000,000 may be transferred to, and merged with, funds in the 
``Emergencies in the Diplomatic and Consular Service'' 
appropriations account, to be available only for emergency 
evacuations and terrorism rewards: Provided further, That, in 
fiscal year 2001, all receipts collected from individuals for 
assistance in the preparation and filing of an affidavit of 
support pursuant to section 213A of the Immigration and 
Nationality Act shall be deposited into this account as an 
offsetting collection and shall remain available until 
expended: Provided further, That, of the amount made available 
under this heading, $246,644,000 shall be available only for 
public diplomacy international information programs: Provided 
further, That of the amount made available under this heading, 
$5,000,000 shall be available only for overseas continuing 
language education: Provided further, That of the amount made 
available under this heading, not to exceed $1,400,000 shall be 
available for transfer to the Presidential Advisory Commission 
on Holocaust Assets in the United States: Provided further, 
That notwithstanding section 140(a)(5), and the second sentence 
of section 140(a)(3), of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995, fees may be collected during 
fiscal years 2001 and 2002, under the authority of section 
140(a)(1) of that Act: Provided further, That all fees 
collected under the preceding proviso shall be deposited in 
fiscal years 2001 and 2002 as an offsetting collection to 
appropriations made under this heading to recover costs as set 
forth under section 140(a)(2) of that Act and shall remain 
available until expended: Provided further, That advances for 
services authorized by 22 U.S.C. 3620(c) may be credited to 
this account, to remain available until expended for such 
services: Provided further, That in fiscal year 2001 and 
thereafter reimbursements for services provided to the press in 
connection with the travel of senior-level officials may be 
collected and credited to this appropriation and shall remain 
available until expended: Provided further, That no funds may 
be obligated or expended for processing licenses for the export 
of satellites of United States origin (including commercial 
satellites and satellite components) to the People's Republic 
of China, unless, at least 15 days in advance, the Committees 
on Appropriations of the House of Representatives and the 
Senate are notified of such proposed action: Provided further, 
That of the amount made available under this heading, 
$40,000,000 shall only be available to implement the 1999 
Pacific Salmon Treaty Agreement, of which $10,000,000 shall be 
deposited in the Northern Boundary and Transboundary Rivers 
Restoration and Enhancement Fund, of which $10,000,000 shall be 
deposited in the Southern Boundary Restoration and Enhancement 
Fund, and of which $20,000,000 shall be for a direct payment to 
the State of Washington for obligations under the 1999 Pacific 
Salmon Treaty Agreement.
    In addition, not to exceed $1,252,000 shall be derived from 
fees collected from other executive agencies for lease or use 
of facilities located at the International Center in accordance 
with section 4 of the International Center Act, as amended; in 
addition, as authorized by section 5 of such Act, $490,000, to 
be derived from the reserve authorized by that section, to be 
used for the purposes set out in that section; in addition, as 
authorized by section 810 of the United States Information and 
Educational Exchange Act, not to exceed $6,000,000, to remain 
available until expended, may be credited to this appropriation 
from fees or other payments received from English teaching, 
library, motion pictures, and publication programs, and from 
fees from educational advising and counseling, and exchange 
visitor programs; and, in addition, not to exceed $15,000, 
which shall be derived from reimbursements, surcharges, and 
fees for use of Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$410,000,000, to remain available until expended.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$97,000,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103-236 shall not 
apply to funds available under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$28,490,000, notwithstanding section 209(a)(1) of the Foreign 
Service Act of 1980, as amended (Public Law 96-465), as it 
relates to post inspections.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, 
as authorized, $231,587,000, to remain available until 
expended: Provided, That not to exceed $800,000, to remain 
available until expended, may be credited to this appropriation 
from fees or other payments received from or in connection with 
English teaching and educational advising and counseling 
programs as authorized.

                       representation allowances

    For representation allowances as authorized, $6,499,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the 
Secretary of State to provide for extraordinary protective 
services, as authorized, $15,467,000, to remain available until 
September 30, 2002: Provided, That, notwithstanding the 
limitations of 3 U.S.C. 202(10) concerning 20 or more 
consulates, of the amount made available under this heading, 
$5,000,000 shall be available only for the reimbursement of 
costs incurred by the City of Seattle, Washington.

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), 
preserving, maintaining, repairing, and planning for, buildings 
that are owned or directly leased by the Department of State, 
renovating, in addition to funds otherwise available, the Main 
State Building, and carrying out the Diplomatic Security 
Construction Program as authorized, $416,976,000, to remain 
available until expended as authorized, of which not to exceed 
$25,000 may be used for domestic and overseas representation as 
authorized: Provided, That none of the funds appropriated in 
this paragraph shall be available for acquisition of furniture 
and furnishings and generators for other departments and 
agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $663,000,000, to 
remain available until expended.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to 
meet unforeseen emergencies arising in the Diplomatic and 
Consular Service, $5,477,000, to remain available until 
expended as authorized, of which not to exceed $1,000,000 may 
be transferred to and merged with the Repatriation Loans 
Program Account, subject to the same terms and conditions.

                   repatriation loans program account

    For the cost of direct loans, $591,000, as authorized: 
Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974. In addition, for administrative expenses 
necessary to carry out the direct loan program, $604,000, which 
may be transferred to and merged with the Diplomatic and 
Consular Programs account under Administration of Foreign 
Affairs.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations 
Act, Public Law 96-8, $16,345,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and 
Disability Fund, as authorized by law, $131,224,000.

              International Organizations and Conferences

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the 
advice and consent of the Senate, conventions or specific Acts 
of Congress, $870,833,000: Provided, That any payment of 
arrearages under this title shall be directed toward special 
activities that are mutually agreed upon by the United States 
and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph 
shall be available for a United States contribution to an 
international organization for the United States share of 
interest costs made known to the United States Government by 
such organization for loans incurred on or after October 1, 
1984, through external borrowings: Provided further, That of 
the funds appropriated in this paragraph, $100,000,000 may be 
made available only pursuant to a certification by the 
Secretary of State that the United Nations has taken no action 
in calendar year 2000 prior to the date of enactment of this 
Act to increase funding for any United Nations program without 
identifying an offsetting decrease elsewhere in the United 
Nations budget and cause the United Nations to exceed the 
budget for the biennium 2000-2001 of $2,535,700,000: Provided 
further, That if the Secretary of State is unable to make the 
aforementioned certification, the $100,000,000 is to be applied 
to paying the current year assessment for other international 
organizations for which the assessment has not been paid in 
full or to paying the assessment due in the next fiscal year 
for such organizations, subject to the reprogramming procedures 
contained in Section 605 of this Act: Provided further, That 
funds appropriated under this paragraph may be obligated and 
expended to pay the full United States assessment to the civil 
budget of the North Atlantic Treaty Organization.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses 
of international peacekeeping activities directed to the 
maintenance or restoration of international peace and security, 
$846,000,000, of which 15 percent shall remain available until 
September 30, 2002: Provided, That none of the funds made 
available under this Act shall be obligated or expended for any 
new or expanded United Nations peacekeeping mission unless, at 
least 15 days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an 
emergency, as far in advance as is practicable): (1) the 
Committees on Appropriations of the House of Representatives 
and the Senate and other appropriate committees of the Congress 
are notified of the estimated cost and length of the mission, 
the vital national interest that will be served, and the 
planned exit strategy; and (2) a reprogramming of funds 
pursuant to section 605 of this Act is submitted, and the 
procedures therein followed, setting forth the source of funds 
that will be used to pay for the cost of the new or expanded 
mission: Provided further, That funds shall be available for 
peacekeeping expenses only upon a certification by the 
Secretary of State to the appropriate committees of the 
Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services, and 
material for United Nations peacekeeping activities equal to 
those being given to foreign manufacturers and suppliers: 
Provided further, That none of the funds made available under 
this heading are available to pay the United States share of 
the cost of court monitoring that is part of any United Nations 
peacekeeping mission.

                       international commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or 
specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and 
Mexico, and to comply with laws applicable to the United States 
Section, including not to exceed $6,000 for representation; as 
follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, 
$7,142,000.

                              construction

    For detailed plan preparation and construction of 
authorized projects, $22,950,000, to remain available until 
expended, as authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties 
between the United States and Canada or Great Britain, and for 
the Border Environment Cooperation Commission as authorized by 
Public Law 103-182, $6,741,000, of which not to exceed $9,000 
shall be available for representation expenses incurred by the 
International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries 
commissions, not otherwise provided for, as authorized by law, 
$19,392,000: Provided, That the United States' share of such 
expenses may be advanced to the respective commissions, 
pursuant to 31 U.S.C. 3324.

                                 Other

                     payment to the asia foundation

    For a grant to the Asia Foundation, as authorized by 
section 501 of Public Law 101-246, $9,250,000, to remain 
available until expended, as authorized.

           eisenhower exchange fellowship program trust fund

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the 
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower 
Exchange Fellowship Program Trust Fund on or before September 
30, 2001, to remain available until expended: Provided, That 
none of the funds appropriated herein shall be used to pay any 
salary or other compensation, or to enter into any contract 
providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit 
Organizations), including the restrictions on compensation for 
personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship 
Program as authorized by section 214 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), 
all interest and earnings accruing to the Israeli Arab 
Scholarship Fund on or before September 30, 2001, to remain 
available until expended.

                            east-west center

    To enable the Secretary of State to provide for carrying 
out the provisions of the Center for Cultural and Technical 
Interchange Between East and West Act of 1960, by grant to the 
Center for Cultural and Technical Interchange Between East and 
West in the State of Hawaii, $13,500,000: Provided, That none 
of the funds appropriated herein shall be used to pay any 
salary, or enter into any contract providing for the payment 
thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    national endowment for democracy

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment 
for Democracy Act, $30,999,000, to remain available until 
expended.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international 
communication activities, $398,971,000, of which not to exceed 
$16,000 may be used for official receptions within the United 
States as authorized, not to exceed $35,000 may be used for 
representation abroad as authorized, and not to exceed $39,000 
may be used for official reception and representation expenses 
of Radio Free Europe/Radio Liberty; and in addition, 
notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from 
business ventures, not to exceed $500,000 in receipts from 
cooperating international organizations, and not to exceed 
$1,000,000 in receipts from privatization efforts of the Voice 
of America and the International Broadcasting Bureau, to remain 
available until expended for carrying out authorized purposes.

                          broadcasting to cuba

    For necessary expenses to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the 
purchase, rent, construction, and improvement of facilities for 
radio and television transmission and reception, and purchase 
and installation of necessary equipment for radio and 
television transmission and reception, $22,095,000, to remain 
available until expended.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase 
and installation of necessary equipment for radio and 
television transmission and reception as authorized, 
$20,358,000, to remain available until expended, as authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United 
States Code; for services as authorized by 5 U.S.C. 3109; and 
hire of passenger transportation pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
State in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That not to exceed 5 
percent of any appropriation made available for the current 
fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall 
be increased by more than 10 percent by any such transfers: 
Provided further, That any transfer pursuant to this section 
shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.
    Sec. 403. None of the funds made available in this Act may 
be used by the Department of State or the Broadcasting Board of 
Governors to provide equipment, technical support, consulting 
services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.
    Sec. 404. (a) Section 1(a)(2) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a(a)(2)) is amended by 
striking ``and the Deputy Secretary of State'' and inserting 
``, the Deputy Secretary of State, and the Deputy Secretary of 
State for Management and Resources''.
    (b) Section 5313 of title 5, United States Code, is amended 
by inserting ``Deputy Secretary of State for Management and 
Resources.'' after the item relating to the ``Deputy Secretary 
of State''.
    Sec. 405. None of the funds appropriated or otherwise made 
available in this Act for the United Nations may be used by the 
United Nations for the promulgation or enforcement of any 
treaty, resolution, or regulation authorizing the United 
Nations, or any of its specialized agencies or affiliated 
organizations, to tax any aspect of the Internet.
    Sec. 406. Notwithstanding any other provision of law, none 
of the funds appropriated or otherwise made available by this 
or any other Act may be used to allow for the entry into, or 
withdrawal from warehouse for consumption in the United States 
of diamonds if the country of origin in which such diamonds 
were mined (as evidenced by a legible certificate of origin) is 
the Republic of Sierra Leone, the Republic of Liberia, the 
Republic of Cote d'Ivoire, Burkina Faso, the Democratic 
Republic of the Congo, or the Republic of Angola with the 
exception of diamonds certified by the lawful governments of 
the Republic of Sierra Leone, the Democratic Republic of the 
Congo, or the Republic of Angola.
    Sec. 407. Section 37(a)(3) of the State Department Basic 
Authorities Act, as amended, (22 U.S.C. 2709) is amended by--
          (1) striking ``and'' at the end of subsection 
        (a)(3)(C); and
          (2) by inserting at the end the following new 
        subsections:
                  ``(E) a departing Secretary of State for a 
                period of up to 180 days after the date of 
                termination of that individual's incumbency as 
                Secretary of State, on the basis of a threat 
                assessment; and
                  ``(F) an individual who has been designated 
                by the President to serve as Secretary of 
                State, prior to that individual's 
                appointment.''.
    Sec. 408. Funds appropriated by this Act for the 
Broadcasting Board of Governors and the Department of State, 
and for the American Section of the International Joint 
Commission in Public Law 106-246, may be obligated and expended 
notwithstanding section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, and section 15 
of the State Department Basic Authorities Act of 1956, as 
amended.
    This title may be cited as the ``Department of State and 
Related Agency Appropriations Act, 2001''.
          * * * * * * *

                    TITLE VI--GENERAL PROVISIONS \1\

          * * * * * * *
---------------------------------------------------------------------------
    \1\ Title VI follows the Department of State and Related Agency 
Appropriations Act, 2000, and is part of the larger Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2001.
---------------------------------------------------------------------------
    Sec. 609. None of the funds made available by this Act may 
be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or 
expend such funds: (1) that the United Nations undertaking is a 
peacekeeping mission; (2) that such undertaking will involve 
United States Armed Forces under the command or operational 
control of a foreign national; and (3) that the President's 
military advisors have not submitted to the President a 
recommendation that such involvement is in the national 
security interests of the United States and the President has 
not submitted to the Congress such a recommendation.
    Sec. 610. (a) None of the funds appropriated or otherwise 
made available by this Act shall be expended for any purpose 
for which appropriations are prohibited by section 609 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999.\2\
---------------------------------------------------------------------------
    \2\ Sec. 609 of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1999 (Public 
Law 105-277), provides the following:
    ``Sec. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for any cost 
incurred for: (1) opening or operating any United States diplomatic or 
consular post in the Socialist Republic of Vietnam that was not 
operating on July 11, 1995; (2) expanding any United States diplomatic 
or consular post in the Socialist Republic of Vietnam that was 
operating on July 11, 1995; or (3) increasing the total number of 
personnel assigned to United States diplomatic or consular posts in the 
Socialist Republic of Vietnam above the levels existing on July 11, 
1995; unless the President certifies within 60 days the following [The 
President made such a determination on February 3, 1999, as published 
in Presidential Determination No. 99-12 (64 F.R. 6779)]:
---------------------------------------------------------------------------

          ``(A) Based upon all information available to the United 
        States Government, the Government of the Socialist Republic of 
        Vietnam is fully cooperating in good faith with the United 
        States in the following:

                  ``(i) Resolving discrepancy cases, live sightings, 
                and field activities.
                  ``(ii) Recovering and repatriating American remains.
                  ``(iii) Accelerating efforts to provide documents 
                that will help lead to fullest possible accounting of 
                prisoners of war and missing in action.
                  ``(iv) Providing further assistance in implementing 
                trilateral investigations with Laos.

          ``(B) The remains, artifacts, eyewitness accounts, archival 
        material, and other evidence associated with prisoners of war 
        and missing in action recovered from crash sites, military 
        actions, and other locations in Southeast Asia are being 
        thoroughly analyzed by the appropriate laboratories with the 
        intent of providing surviving relatives with scientifically 
        defensible, legal determinations of death or other 
        accountability that are fully documented and available in 
        unclassified and unredacted form to immediate family 
        members.''.
    (b) The requirements in subparagraphs (A) and (B) of 
section 609 of that Act shall continue to apply during fiscal 
year 2001.
          * * * * * * *
    Sec. 617. (a) None of the funds appropriated or otherwise 
made available by this Act shall be expended for any purpose 
for which appropriations are prohibited by section 616 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999, as amended.\3\
---------------------------------------------------------------------------
    \3\ For text of sec. 616 of the 1999 Act, as amended, see page 580.
---------------------------------------------------------------------------
    (b) Subsection (a)(1) of section 616 of that Act, as 
amended, is further amended--
          (1) by striking ``and'' after ``Toussaint,''; and
          (2) by inserting before the semicolon at the end of 
        the subsection, ``, Jean Leopold Dominique, Jean-Claude 
        Louissaint, Legitime Athis and his wife, Christa Joseph 
        Athis, Jean-Michel Olophene, Claudy Myrthil, Merilus 
        Deus, and Ferdinand Dorvil''.
    (c) The requirements in subsections (b) and (c) of section 
616 of that Act shall continue to apply during fiscal year 
2001.
          * * * * * * *
    Sec. 623. None of the funds appropriated by this Act shall 
be used to propose or issue rules, regulations, decrees, or 
orders for the purpose of implementation, or in preparation for 
implementation, of the Kyoto Protocol which was adopted on 
December 11, 1997, in Kyoto, Japan, at the Third Conference of 
the Parties to the United Nations Framework Convention on 
Climate Change, which has not been submitted to the Senate for 
advice and consent to ratification pursuant to article II, 
section 2, clause 2, of the United States Constitution, and 
which has not entered into force pursuant to article 25 of the 
Protocol.
    Sec. 624. Beginning 60 days from the date of the enactment 
of this Act, none of the funds appropriated or otherwise made 
available by this Act may be made available for the 
participation by delegates of the United States to the Standing 
Consultative Commission unless the President certifies and so 
reports to the Committees on Appropriations that the United 
States Government is not implementing the Memorandum of 
Understanding Relating to the Treaty Between the United States 
of America and the Union of Soviet Socialist Republics on the 
limitation of Anti-Ballistic Missile Systems of May 26, 1972, 
entered into in New York on September 26, 1997, by the United 
States, Russia, Kazakhstan, Belarus, and Ukraine, or until the 
Senate provides its advice and consent to the Memorandum of 
Understanding.
    Sec. 625. None of the funds appropriated in this Act may be 
available to the Department of State to approve the purchase of 
property in Arlington, Virginia by the Xinhua News Agency.
          * * * * * * *
    Sec. 628. Section 623 of H.R. 3421 (the Departments of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2000 (16 U.S.C. 3645)), as enacted 
into law by section 1000(a)(1) of Public Law 106-113 (113 Stat. 
1535), is amended-- \4\
---------------------------------------------------------------------------
    \4\ For amended text, see page 572.
---------------------------------------------------------------------------
          (a) in subsection (a)(1) by striking ``The Northern 
        Fund and Southern Fund shall each receive $10,000,000 
        of the amounts authorized by this section.'';
          (b) by striking subsection (d) and inserting in lieu 
        thereof the following new subsection:
    ``(d)(1) Pacific Salmon Treaty.--
          ``(A) For capitalizing the Northern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $75,000,000.
          ``(B) For capitalizing the Southern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $65,000,000.
          ``(C) To provide economic adjustment assistance to 
        fishermen pursuant to the 1999 Pacific Salmon Treaty 
        Agreement, there is authorized to be appropriated in 
        fiscal years 2000, 2001, and 2002 a total of 
        $30,000,000.
    ``(2) Pacific Coastal Salmon Recovery.--
          ``(A) For salmon habitat restoration, salmon stock 
        enhancement, and salmon research, including the 
        construction of salmon research and related facilities, 
        there is authorized to be appropriated for each of 
        fiscal years 2000, 2001, 2002, and 2003, $90,000,000 to 
        the States of Alaska, Washington, Oregon, and 
        California. Amounts appropriated pursuant to this 
        subparagraph shall be made available as direct 
        payments. The State of Alaska may allocate a portion of 
        any funds it receives under this subsection to eligible 
        activities outside Alaska.
          ``(B) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and supplementation 
        activities, there is authorized to be appropriated in 
        each of fiscal years 2000, 2001, 2002, and 2003, 
        $10,000,000 to be divided between the Pacific Coastal 
        tribes (as defined by the Secretary of Commerce) and 
        the Columbia River tribes (as defined by the Secretary 
        of Commerce).''.
          * * * * * * *
    Titles I through VII of this Act may be cited as the 
``Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 2001.''
          (2) Emergency Supplemental Appropriations Act, 2000

 Partial text of Public Law 106-246 [H.R. 4425], 114 Stat. 511 at 525, 
                         approved July 13, 2000

AN ACT Making appropriations for military construction, family housing, 
and base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 2001, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

        DIVISION B--FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS

    The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2000, and for other purposes, namely:
          * * * * * * *

                                TITLE II

          * * * * * * *

                               CHAPTER 2

          * * * * * * *

                          DEPARTMENT OF STATE

                       International Commissions

              american sections, international commissions

    For necessary expenses, not otherwise provided for the 
International Joint Commission, as authorized by treaties 
between the United States and Canada or Great Britain, 
$2,150,000, to remain available until expended: Provided, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount shall be available 
only to the extent that an official budget request, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                                 Other

      united states commission on international religious freedom

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of 
the International Religious Freedom Act of 1998 (Public Law 
105-292), $2,000,000, to remain available until expended: 
Provided, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent that an official budget request, 
that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.
          * * * * * * *
    This division may be cited as the ``Emergency Supplemental 
Act, 2000''.
  (3) Department of State and Related Agency Appropriations Act, 2000

 Partial text of Public Law 106-113 [Title IV of H.R. 3421, enacted by 
 reference in the District of Columbia Appropriations Act, 2000; H.R. 
 3194], 113 Stat. 1501, approved November 29, 1999; amended by Public 
  Law 106-553 [H.R. 4942], 114 Stat. 2762, approved December 21, 2000

          * * * * * * *

  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 2000, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:
          * * * * * * *

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

          * * * * * * *

       General Provisions--Department of State and Related Agency

          * * * * * * *
    Sec. 404. Beginning in fiscal year 2000 and thereafter, 
section 410(a) of the Department of State and Related Agencies 
Appropriations Act, 1999, as included in Public Law 105-277, 
shall be in effect.\1\
---------------------------------------------------------------------------
    \1\ Relating to machine readable border crossing cards and 
nonimmigrant visas; see page 577.
---------------------------------------------------------------------------
          * * * * * * *
    This title may be cited as the ``Department of State and 
Related Agency Appropriations Act, 2000''.
          * * * * * * *

                    TITLE VI--GENERAL PROVISIONS \2\

          * * * * * * *
---------------------------------------------------------------------------
    \2\ Title VI and Title VII follow the Department of State and 
Related Agency Appropriations Act, 2000, and are part of the larger 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2000.
---------------------------------------------------------------------------
    Sec. 623. (a) Northern Fund and Southern Fund.--
          (1) As provided in the June 30, 1999, Agreement of 
        the United States and Canada on the Treaty Between the 
        Government of the United States and the Government of 
        Canada Concerning Pacific Salmon, 1985 (hereafter 
        referred to as the ``1999 Pacific Salmon Treaty 
        Agreement'') there are hereby established a Northern 
        Boundary and Transboundary Rivers Restoration and 
        Enhancement Fund (hereafter referred to as the 
        ``Northern Fund'') and a Southern Boundary Restoration 
        and Enhancement Fund (hereafter referred to as the 
        ``Southern Fund'') to be held by the Pacific Salmon 
        Commission. The Northern Fund and Southern Fund shall 
        be invested in interest bearing accounts, bonds, 
        securities, or other investments in order to achieve 
        the highest annual yield consistent with protecting the 
        principal of each Fund.\3\ Income from investments made 
        pursuant to this paragraph shall be available until 
        expended, without appropriation or fiscal year 
        limitation, for programs and activities relating to 
        salmon restoration and enhancement, salmon research, 
        the conservation of salmon habitat, and implementation 
        of the Pacific Salmon Treaty and related agreements. 
        Amounts provided by grants under this subsection may be 
        held in interest bearing accounts prior to the 
        disbursement of such funds for program purposes, and 
        any interest earned may be retained for program 
        purposes without further appropriation. The Northern 
        Fund and Southern Fund are subject to the laws 
        governing Federal appropriations and funds and to 
        unrestricted circulars of the Office of Management and 
        Budget. Recipients of amounts from either Fund shall 
        keep separate accounts and such records as are 
        reasonably necessary to disclose the use of the funds 
        as well as to facilitate effective audits.
---------------------------------------------------------------------------
    \3\ Sec. 628(a) of Public Law 106-553 (114 Stat. 2762A-108) struck 
out ``The Northern Fund and Southern Fund shall each receive 
$10,000,000, of the amounts authorized by this section.'' at this 
point.
---------------------------------------------------------------------------
          (2) Fund management.--
                  (A) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Northern Fund pursuant to paragraph (1) 
                shall be administered by a Northern Fund 
                Committee, which shall be comprised of three 
                representatives of the Government of Canada, 
                and three representatives of the United States. 
                The three United States representatives shall 
                be the United States Commissioner and Alternate 
                Commissioner appointed (or designated) from a 
                list submitted by the Governor of Alaska for 
                appointment to the Pacific Salmon Commission 
                and the Regional Administrator of the National 
                Marine Fisheries Service for the Alaska Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area from Cape Caution, Canada to 
                Cape Suckling, Alaska may be approved for 
                funding by the Northern Fund Committee.
                  (B) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Southern Fund pursuant to paragraph (1) 
                shall be administered by a Southern Fund 
                Committee, which shall be comprised of three 
                representatives of Canada and three 
                representatives of the United States. The 
                United States representatives shall be 
                appointed by the Secretary of Commerce: one 
                shall be selected from a list of three 
                qualified individuals submitted by the 
                Governors of the States of Washington and 
                Oregon; one shall be selected from a list of 
                three qualified individuals submitted by the 
                treaty Indian tribes (as defined by the 
                Secretary of Commerce); and one shall be the 
                Regional Administrator of the National Marine 
                Fisheries Service for the Northwest Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area south of Cape Caution, Canada 
                may be approved for funding by the Southern 
                Fund Committee.
    (b) Pacific Salmon Treaty Implementation.--(1) None of the 
funds authorized by this section for implementation of the 1999 
Pacific Salmon Treaty Agreement shall be made available until 
each of the following conditions to the 1999 Pacific Salmon 
Treaty Agreement has been fulfilled--
          (A) stipulations are revised and court orders 
        requested as set forth in the letter of understanding 
        of the United States negotiators dated June 22, 1999. 
        If such orders are not requested by December 31, 1999, 
        this condition shall be considered unfulfilled; and
          (B) a determination is made that--
                  (i) the entry by the United States into the 
                1999 Pacific Salmon Treaty Agreement;
                  (ii) the conduct of the Alaskan fisheries 
                pursuant to the 1999 Pacific Salmon Treaty 
                Agreement, without further clarification or 
                modification of the management regimes 
                contained therein; and
                  (iii) the decision by the North Pacific 
                Fisheries Management Council to continue to 
                defer its management authority over salmon to 
                the State of Alaska are not likely to cause 
                jeopardy to, or adversely modify designated 
                critical habitat of, any salmonid species 
                listed under Public Law 93-205, as amended, in 
                any fishery subject to the Pacific Salmon 
                Treaty.
    (2) If the requests for orders in subparagraph (1)(A) are 
withdrawn after December 31, 1999, or if such orders are not 
entered by March 1, 2000, amounts in the Northern Fund and the 
Southern Fund shall be transferred to the general fund of the 
United States Treasury.
    (3) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce shall determine whether 
Southern United States fisheries are likely to cause jeopardy 
to, or adversely modify designated critical habitat of, any 
salmonid species listed under Public Law 93-205, as amended, 
before the Secretary of Commerce may initiate or reinitiate 
consultation on Alaska fisheries under such Act.
    (4) During the term of the 1999 Pacific Salmon Treaty 
Agreement, the Secretary of Commerce may not initiate or 
reinitiate consultation on Alaska fisheries under section 7 of 
Public Law 93-205, as amended, until--
          (A) the Pacific Salmon Commission has had a 
        reasonable opportunity to implement the provisions of 
        the 1999 Pacific Salmon Treaty Agreement, including the 
        harvest responses pursuant to paragraph 9, chapter 3 of 
        Annex IV to the Pacific Salmon Treaty; and
          (B) he determines, in consultation with the United 
        States Section of the Pacific Salmon Commission, that 
        implementation actions under the 1999 Agreement will 
        not return escapements as expeditiously as possible to 
        maximum sustainable yield or other biologically-based 
        escapement objectives agreed to by the Pacific Salmon 
        Commission.
    (5) The Secretary of Commerce shall notify the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives of his 
intent to initiate or reinitiate consultation on Alaska 
fisheries.
    (6)(A) For purposes of this section, ``Alaska fisheries'' 
means all directed Pacific salmon fisheries off the coast of 
Alaska that are subject to the Pacific Salmon Treaty.
    (B) For purposes of this section, ``Southern United States 
fisheries'' means all directed Pacific salmon fisheries in 
Washington, Oregon, and the Snake River basin of Idaho that are 
subject to the Pacific Salmon Treaty.
    (c) Improved Salmon Management.--Section 3(g) of Public Law 
99-5, as amended, is amended--* * * \4\
---------------------------------------------------------------------------
    \4\ For text of Public Law 99-5, as amended, see Legislation on 
Foreign Relations Through 2001, vol. IV.
---------------------------------------------------------------------------
    (d) \5\ (1) Pacific Salmon Treaty.--
---------------------------------------------------------------------------
    \5\ Sec. 628(b) of Public Law 106-553 (114 Stat. 2762A-108) amended 
and restated subsec. (d). It formerly read as follows:
    ``(d) Authorization of Appropriations.--
---------------------------------------------------------------------------

          ``(1) For capitalizing the Northern Fund and the Southern 
        Fund, there is authorized to be appropriated in fiscal year 
        2000, $20,000,000.
          ``(2) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and implementation of the 1999 
        Pacific Salmon Treaty Agreement and related agreements, there 
        is authorized to be appropriated in fiscal year 2000, 
        $50,000,000 to the States of California, Oregon, Washington, 
        and Alaska. The State of Alaska may allocate a portion of any 
        funds it receives under this subsection to eligible activities 
        outside Alaska.
          ``(3) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and implementation of the 1999 
        Pacific Salmon Treaty Agreement and related agreements, there 
        is authorized to be appropriated $6,000,000 in fiscal year 2000 
        to the Pacific Coastal tribes (as defined by the Secretary of 
        Commerce) and $2,000,000 in fiscal year 2000 to the Columbia 
        River tribes (as defined by the Secretary of Commerce).
---------------------------------------------------------------------------
    ``Funds appropriated to the States under the authority of this 
section shall be subject to a 25 percent non-Federal match requirement. 
In addition, not more than 3 percent of such funds shall be available 
for administrative expenses, with the exception of funds used in the 
Washington State for the Forest and Fish Agreement.''.
---------------------------------------------------------------------------
          (A) For capitalizing the Northern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $75,000,000.
          (B) For capitalizing the Southern Fund there is 
        authorized to be appropriated in fiscal years 2000, 
        2001, 2002, and 2003 a total of $65,000,000.
          (C) To provide economic adjustment assistance to 
        fishermen pursuant to the 1999 Pacific Salmon Treaty 
        Agreement, there is authorized to be appropriate in 
        fiscal years 2000, 2001, and 2002 a total of 
        $30,000,000.
    (2) Pacific Coast Salmon Recovery.--
          (A) For salmon habitat restoration, salmon stock 
        enhancement, and salmon research, including the 
        construction of salmon research and related facilities, 
        there is authorized to be appropriated for each of 
        fiscal years 2000, 2001, 2002, and 2003 $90,000,000 to 
        the States of Alaska, Washington, Oregon, and 
        California. Amounts appropriated pursuant to this 
        subparagraph shall be made available as direct 
        payments. The State of Alaska may allocate a portion of 
        any funds it receives under this subsection to eligible 
        activities outside Alaska.
          (B) For salmon habitat restoration, salmon stock, 
        enhancement, salmon research, and supplementation 
        activities, there is authorized to be appropriated in 
        each of fiscal years 2000, 2001, 2002, and 2003, 
        $10,000,000 to be divided between the Pacific Coastal 
        tribes (as defined by the Secretary of Commerce) and 
        the Columbia River tribes (as defined by the Secretary 
        of Commerce).
          * * * * * * *
 (4) Department of State and Related Agencies Appropriations Act, 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
  Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, 
 approved October 21, 1998; as amended by Public Law 106-31 [Emergency 
 Supplemental Appropriations, 1999; H.R. 1141], 113 Stat. 57, approved 
May 21, 1999; Public Law 106-113 [Departments of Commerce, Justice, and 
 State, the Judiciary, and Related Agencies Appropriations Act, 2000, 
 H.R. 3421 as enacted by reference therein], 113 Stat. 1535, approved 
November 29, 1999; and by public Law 106-553 [Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
  Act, 2001; H.R. 5548 enacted by reference in H.R. 4942], 114 Stat. 
                    2762, approved December 21, 2000

AN ACT Making omnibus consolidated and emergency appropriations for the 
     fiscal year ending September 30, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *
      Sec. 101 * * *
      (b) For programs, projects or activities in the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999, provided as follows, 
to be effective as if it had been enacted into law as the 
regular appropriations Act:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1999, and for other purposes.

          * * * * * * *

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

          * * * * * * *

      General Provisions--Department of State and Related Agencies

          * * * * * * *
    Sec. 409. During the current fiscal year and hereafter, the 
Secretary of State shall have discretionary authority to pay 
tort claims in the manner authorized by section 2672 of title 
28, United States Code, when such claims arise in foreign 
countries in connection with the overseas operations of the 
Department of State.
    Sec. 410.(a)(1)(A) Notwithstanding any other provision of 
law and subject to subparagraph (B), the Secretary of State and 
the Attorney General shall impose, for the processing of any 
application for the issuance of a machine readable combined 
border crossing card and nonimmigrant visa under section 
101(a)(15)(B) of the Immigration and Nationality Act, a fee of 
$13 (for recovery of the costs of manufacturing the combined 
card and visa) in the case of any alien under 15 years of age 
where the application for the machine readable combined border 
crossing card and nonimmigrant visa is made in Mexico by a 
citizen of Mexico who has at least one parent or guardian who 
has a visa under such section or is applying for a machine 
readable combined border crossing card and nonimmigrant visa 
under such section as well.
    (B) The Secretary of State and the Attorney General may not 
commence implementation of the requirement in subparagraph (A) 
until the later of--
          (i) the date that is 6 months after the date of 
        enactment of this Act; or
          (ii) the date on which the Secretary sets the amount 
        of the fee or surcharge in accordance with paragraph 
        (3).
    (2)(A) Except as provided in subparagraph (B), if the fee 
for a machine readable combined border crossing card and 
nonimmigrant visa issued under section 101(a)(15)(B) of the 
Immigration and Nationality Act has been reduced under 
paragraph (1) for a child under 15 years of age, the machine 
readable combined border crossing card and nonimmigrant visa 
shall be issued to expire on the earlier of--
          (i) the date on which the child attains the age of 
        15; or
          (ii) ten years after its date of issue.
    (B) At the request of the parent or guardian of any alien 
under 15 years of age otherwise covered by subparagraph (A), 
the Secretary of State and the Attorney General may charge the 
non-reduced fee for the processing of an application for the 
issuance of a machine readable combined border crossing card 
and nonimmigrant visa under section 101(a)(15)(B) of the 
Immigration and Nationality Act provided that the machine 
readable combined border crossing card and nonimmigrant visa is 
issued to expire as of the same date as is usually provided for 
visas issued under that section.
    (3) Notwithstanding any other provision of law, the 
Secretary of State shall set the amount of the fee or surcharge 
authorized pursuant to section 140(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236; 8 U.S.C. 1351 note) for the processing of machine readable 
nonimmigrant visas and machine readable combined border 
crossing cards and nonimmigrant visas at a level that will 
ensure the full recovery by the Department of State of the 
costs of processing such machine readable nonimmigrant visas 
and machine readable combined border crossing cards and 
nonimmigrant visas, including the costs of processing the 
machine readable combined border crossing cards and 
nonimmigrant visas for which the fee is reduced pursuant to 
this subsection.
    (b) The Secretary of State shall continue, until the date 
that is 5 years after the date of the enactment of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1101 note et seq.), to process applications for visas 
under section 101(a)(15)(B) of the Immigration and Nationality 
Act at the following cities in Mexico located near the 
international border with the United States: Nogales, Nuevo 
Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
    (c) Section 104(b)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is 
amended by striking ``3 years'' and inserting ``5 years''.
          * * * * * * *
    This title may be cited as the ``Department of State and 
Related Agencies Appropriations Act, 1999''.
          * * * * * * *

                      TITLE VI--GENERAL PROVISIONS

          * * * * * * *
    Sec. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for 
any cost incurred for: (1) opening or operating any United 
States diplomatic or consular post in the Socialist Republic of 
Vietnam that was not operating on July 11, 1995; (2) expanding 
any United States diplomatic or consular post in the Socialist 
Republic of Vietnam that was operating on July 11, 1995; or (3) 
increasing the total number of personnel assigned to United 
States diplomatic or consular posts in the Socialist Republic 
of Vietnam above the levels existing on July 11, 1995; unless 
the President certifies within 60 days the following: \1\
---------------------------------------------------------------------------
    \1\ The President made such a determination on February 3, 1999, as 
published in Presidential Determination No. 99-12 (64 F.R. 6779).
    Sec. 610 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2001 (H.R. 5548, 
enacted by reference in sec. 1(a)(2) of Public Law 106-553; 114 Stat. 
2762), provided the following:
    ``Sec. 610. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    ``(b) The requirements in subparagraphs (A) and (B) of section 609 
of that Act shall continue to apply during fiscal year 2001.''.
---------------------------------------------------------------------------
          (A) Based upon all information available to the 
        United States Government, the Government of the 
        Socialist Republic of Vietnam is fully cooperating in 
        good faith with the United States in the following:
                  (i) Resolving discrepancy cases, live 
                sightings, and field activities.
                  (ii) Recovering and repatriating American 
                remains.
                  (iii) Accelerating efforts to provide 
                documents that will help lead to fullest 
                possible accounting of prisoners of war and 
                missing in action.
                  (iv) Providing further assistance in 
                implementing trilateral investigations with 
                Laos.
          (B) The remains, artifacts, eyewitness accounts, 
        archival material, and other evidence associated with 
        prisoners of war and missing in action recovered from 
        crash sites, military actions, and other locations in 
        Southeast Asia are being thoroughly analyzed by the 
        appropriate laboratories with the intent of providing 
        surviving relatives with scientifically defensible, 
        legal determinations of death or other accountability 
        that are fully documented and available in unclassified 
        and unredacted form to immediate family members.
          * * * * * * *
    Sec. 616. (a) None of the funds appropriated or otherwise 
made available in this Act shall be used to issue visas to any 
person who--
          (1) has been credibly alleged to have ordered, 
        carried out, or materially assisted in the 
        extrajudicial and political killings of Antoine Izmery, 
        Guy Malary, Father Jean-Marie Vincent, Pastor Antoine 
        Leroy, Jacques Fleurival, Mireille Durocher Bertin, 
        Eugene Baillergeau, Michelange Hermann, Max Mayard, 
        Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun, 
        Leslie Grimar, Joseph Chilove, Michel Gonzalez, Jean-
        Hubert Feuille, Jean-Yvon Toussaint \2\ Jimmy Lalanne, 
        Jean Leopold Dominique, Jean-Claude Louissaint, 
        Legitime Athis and his wife, Christa Joseph Athis, 
        Jean-Michel Olophene, Claudy Myrthil, Merilus Deus, and 
        Ferdinand Dorvil; \2\
---------------------------------------------------------------------------
    \2\ Sec. 618(b) of Public Law 106-113 (113 Stat. 1501) struck out 
``and'' after ``Gonzalez'' and added ``Jean-Yvon Toussaint and Jimmy 
Lalanne''. Sec. 617(a) of Public Law 106-553 (114 Stat. 2762A-106) 
struck out ``and'' after ``Jean-Yvon Toussaint'' (resulting in no 
punctuation between that name and ``Jimmy Lalanne'', and added after 
``Jimmy Lalanne'' the following: ``, Jean Leopold Dominique, Jean-
Claude Louissaint, Legitime Athis and his wife, Christa Joseph Athis, 
Jean-Michel Olophene, Claudy Myrthil, Merilus Deus, and Ferdinand 
Dorvil''. Sec. 618 of Public Law 106-113 continued the funding 
prohibition and the terms of subsecs. (b) and (c) for Fiscal Year 2000. 
Sec. 617(a) of Public Law 106-553 (114 Stat. 2762A106) provided that 
``None of the funds appropriated or otherwise made availabel by this 
Act shall be expended for any purpose for which appropriatins are 
prohibited by section 616 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1999, as 
amended.''.
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          (2) has been included in the list presented to former 
        President Jean-Bertrand Aristide by former National 
        Security Council Advisor Anthony Lake in December 1995, 
        and acted upon by President Rene Preval;
          (3) was sought for an interview by the Federal Bureau 
        of Investigation as part of its inquiry into the March 
        28, 1995, murder of Mireille Durocher Bertin and Eugene 
        Baillergeau, Jr., and was credibly alleged to have 
        ordered, carried out, or materially assisted in those 
        murders, per a June 28, 1995, letter to the then 
        Minister of Justice of the Government of Haiti, Jean-
        Joseph Exume;
          (4) was a member of the Haitian High Command during 
        the period 1991 through 1994, and has been credibly 
        alleged to have planned, ordered, or participated with 
        members of the Haitian Armed Forces in--
                  (A) the September 1991 coup against any 
                person who was a duly elected government 
                official of Haiti (or a member of the family of 
                such official), or
                  (B) the murders of thousands of Haitians 
                during the period 1991 through 1994; or
          (5) has been credibly alleged to have been a member 
        of the paramilitary organization known as FRAPH who 
        planned, ordered, or participated in acts of violence 
        against the Haitian people.
    (b) Exemption.--Subsection (a) shall not apply if the 
Secretary of State finds, on a case-by-case basis, that the 
entry into the United States of a person who would otherwise be 
excluded under this section is necessary for medical reasons or 
such person has cooperated fully with the investigation of 
these political murders. If the Secretary of State exempts any 
such person, the Secretary shall notify the appropriate 
congressional committees in writing.
    (c) Reporting Requirement.--(1) The United States chief of 
mission in Haiti shall provide the Secretary of State a list of 
those who have been credibly alleged to have ordered or carried 
out the extrajudicial and political killings mentioned in 
paragraph (1) of subsection (a).
    (2) The Secretary of State shall submit the list provided 
under paragraph (1) to the appropriate congressional committees 
not later than 3 months after the date of enactment of this 
Act.
    (3) The Secretary of State shall submit to the appropriate 
congressional committees a list of aliens denied visas, and the 
Attorney General shall submit to the appropriate congressional 
committees a list of aliens refused entry to the United States 
as a result of this provision.
    (4) The Secretary of State shall submit a report under this 
subsection not later than 6 months after the date of enactment 
of this Act and not later than March 1 of each year thereafter 
as long as the Government of Haiti has not completed the 
investigation of the extrajudicial and political killings and 
has not prosecuted those implicated for the killings specified 
in paragraph (1) of subsection (a).
    (d) Definition.--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.
          * * * * * * *
            (5) Department of State Appropriations Act, 1995

 Partial text of Public Law 103-317 [Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies 1995 Appropriations and 
 1994 Supplemental Appropriations; H.R. 4603], 108 Stat. 1724 at 1760, 
                        approved August 26, 1994

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
 ending September 30, 1995, and making supplemental appropriations for 
these departments and agencies for the fiscal year ending September 30, 
                     1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1995, and for other purposes, namely:
          * * * * * * *

           TITLE V--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

          * * * * * * *

                General Provisions--Department of State

          * * * * * * *
    Sec. 507.\1\ (a) Diplomatic Telecommunications Service 
Financial Management.--In fiscal year 1995 and each succeeding 
fiscal year--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2669a. Sec. 2218 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-816; 22 U.S.C. 2669b) 
provided the following:
    ``SEC. 2218. REAFFIRMING UNITED STATES INTERNATIONAL 
TELECOMMUNICATIONS POLICY.
    ``(a) Procurement Policy.--It is the policy of the United States to 
foster and support procurement of goods and services from private, 
commercial companies.
    ``(b) Implementation.--In order to achieve the policy set forth in 
subsection (a), the Diplomatic Telecommunications Service Program 
Office (DTS-PO) shall--
---------------------------------------------------------------------------

          ``(1) utilize full and open competition, to the maximum 
        extent practicable, in the procurement of telecommunications 
        services, including satellite space segment, for the Department 
        of State and each other Federal entity represented at United 
        States diplomatic missions and consular posts overseas;
          ``(2) make every effort to ensure and promote the 
        participation in the competition for such procurement of 
        commercial private sector providers of satellite space segment 
        who have no ownership or other connection with an 
        intergovernmental satellite organization; and
          ``(3) implement the competitive procedures required by 
        paragraphs (1) and (2) at the prime contracting level and, to 
        the maximum extent practicable, the subcontracting level.''.
---------------------------------------------------------------------------
    Sec. 305 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), provided the following:
    ``SEC. 305. REFORM OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE 
PROGRAM OFFICE.
    ``(a) Additional Resources.--In addition to other amounts 
authorized to be appropriated for the purposes of the Diplomatic 
Telecommunications Service Program Office (DTS-PO), of the amounts made 
available to the Department of State under section 101(2), $18,000,000 
shall be made available only to the DTS-PO for enhancement of 
Diplomatic Telecommunications Service capabilities.
    ``(b) Improvement of DTS-PO.--In order for the DTS-PO to better 
manage a fully integrated telecommunications network to service all 
agencies at diplomatic missions and consular posts, the DTS-PO shall--
---------------------------------------------------------------------------

          ``(1) ensure that those enhancements of, and the provision of 
        service for, telecommunication capabilities that involve the 
        national security interests of the United States receive the 
        highest prioritization;
          ``(2) not later than December 31, 1999, terminate all leases 
        for satellite systems located at posts in criteria countries, 
        unless all maintenance and servicing of the satellite system is 
        undertaken by United States citizens who have received 
        appropriate security clearances;
          ``(3) institute a system of charges for utilization of 
        bandwidth by each agency beginning October 1, 2000, and 
        institute a comprehensive chargeback system to recover all, or 
        substantially all, of the other costs of telecommunications 
        services provided through the Diplomatic Telecommunications 
        Service to each agency beginning October 1, 2001;
          ``(4) ensure that all DTS-PO policies and procedures comply 
        with applicable policies established by the Overseas Security 
        Policy Board; and
          ``(5) maintain the allocation of the positions of Director 
        and Deputy Director of DTS-PO as those positions were assigned 
        as of June 1, 1999, which assignments shall pertain through 
        fiscal year 2001, at which time such assignments shall be 
        adjusted in the customary manner.
---------------------------------------------------------------------------
    ``(c) Report on Improving Managment.--Not later than March 31, 
2000, the Director and Deputy Director of DTS-PO shall jointly submit 
to the Committee on International Relations and the Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Committee on Foreign Relations and the Select Committee on Intelligence 
of the Senate the Director's plan for improving network architecture, 
engineering, operations monitoring and control, service metrics 
reporting, and service provisioning, so as to achieve highly secure, 
reliable, and robust communications capabilities that meet the needs of 
both national security agencies and other United States agencies with 
overseas personnel.
    ``(d) Funding of DTS-PO.--Funds appropriated for allocation to DTS-
PO shall be made available only for DTS-PO until a comprehensive 
chargeback system is in place.
    ``(e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means the Committee on 
International Relations and the Permanent Select Committee on 
Intelligence of the House of Representatives and the Committee on 
Foreign Relations and the Select Committee on Intelligence of the 
Senate.''.
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          (1) the Secretary of State shall provide funds for 
        the operation of the Diplomatic Telecommunications 
        Service (DTS) in a sufficient amount to sustain the 
        current level of support services being provided by the 
        DTS, and no portion of such amount may be reprogrammed 
        or transferred for any other purpose;
          (2) all funds for the operation and enhancement of 
        the DTS shall be directly available for use by the 
        Diplomatic Telecommunications Service Program Office 
        (DTS-PO); and
          (3) the DTS-PO financial management officer shall be 
        provided direct access to the Department of State 
        financial management system to independently monitor 
        and control the obligation and expenditure of all funds 
        for the operation and enhancement of the DTS.
    (b) DTS Policy Board.--Within 60 days after the date of the 
enactment of this Act, the Secretary of State and the Director 
of the DTS-PO shall restructure the DTS Policy Board to provide 
for representation on the Board, during fiscal year 1995 and 
each succeeding fiscal year by--
          (1) the Director of the DTS-PO;
          (2) the senior information management official from 
        each agency currently serving on the Board;
          (3) a senior career information management official 
        from each of the Department of Commerce \2\ and the 
        Defense Intelligence Agency; and
---------------------------------------------------------------------------
    \2\ Sec. 1335(m) of the Foreign Affairs Reform and Restructuring 
Act of 1998 (division G of Public Law 105(277; 112 Stat. 2681-789) 
struck out ``, the United States Information Agency,''.
---------------------------------------------------------------------------
          (4) a senior career information management official 
        from each of 2 other Federal agencies served by the 
        DTS, each of whom shall be appointed on a rotating 
        basis by the Secretary of State and the Director of the 
        DTS-PO for a 2-year term.
    (c) DTS Consolidation Pilot Program.--
          (1) In general.--The Secretary of State and the 
        Director of the DTS-PO shall carry out a program under 
        which total DTS consolidation will be completed before 
        October 12, 1995, at not less than five embassies of 
        medium to large size.
          (2) Pilot program requirements.--Under the program 
        required in paragraph (1)--
                  (A) each participating embassy shall be 
                provided with a full range of integrated 
                information services, including message, data, 
                and voice, without additional charge;
                  (B) a combined transmission facility shall be 
                established and jointly operated, with open 
                access to all unclassified transmission 
                equipment;
                  (C) an unclassified packet switch 
                communication system shall be installed and 
                shall serve all foreign affairs agencies 
                associated with the embassy;
                  (D) separate classified transmission systems 
                (including MERCURY) shall be terminated; and
                  (E) all foreign affairs agency systems 
                requiring international communications 
                capability shall obtain such capability solely 
                through the DTS.
          (3) Pilot program report.--Not later than January 15, 
        1996, the Secretary of State and the Director of the 
        DTS-PO shall submit to the Committees on Appropriations 
        of the House and Senate a report describing the actions 
        taken under the program required by this subsection. 
        The report shall include a cost-benefit analysis for 
        each embassy participating in the program.
    (d) DTS Planning Report.--Not later than January 15, 1995, 
the Secretary of State and the Director of the DTS-PO shall 
submit to the Committee on Appropriations a DTS planning 
report. The report shall include--
          (1) a detailed plan for carrying out the pilot 
        program required by subsection (c), including an 
        estimate of the funds required for such purpose; and
          (2) a comprehensive DTS strategy plan that contains 
        detailed plans and schedules for--
                  (A) an overall DTS network configuration and 
                security strategy;
                  (B) transition of the existing dedicated 
                circuits and classified transmission systems to 
                the unclassified packet switch communications 
                system;
                  (C) provision of a basic level of voice 
                service for all DTS customers;
                  (D) funding of new initiatives and of 
                replacement of current systems;
                  (E) combining existing DTS network control 
                centers, relay facilities, and overseas 
                operations; and
                  (F) reducing the extensive reliance of DTS-PO 
                on the full-time services of contractors.
          * * * * * * *
            (6) Department of State Appropriations Act, 1988

 Partial text of Public Law 100-202 [Departments of Commerce, Justice, 
  and State, the Judiciary, and Related Agencies Appropriations Act, 
1988, Sec. 101(a) of the Continuing Appropriations Act, 1988; H.J. Res. 
   395], 101 Stat. 1329-1, approved December 22, 1987; as amended by 
Public Law 100-459 [Department of State Appropriations Act, 1989; H.R. 
  4782], 102 Stat. 2205, approved October 1, 1988; Public Law 101-515 
 [Department of State Appropriations Act, 1991; H.R. 5021], 104 Stat. 
2101, approved November 5, 1990; Public Law 102-138 [Foreign Relations 
 Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 
  647, approved October 28, 1991; and by Public Law 105-277 [Foreign 
 Relations Authorization Act, Fiscal Years 1998 and 1999; H.R. 4328], 
         112 Stat. 2681 at 2681-801, approved October 21, 1998

 JOINT RESOLUTION Making continuing appropriations for the fiscal year 
                     1988, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That--
    Section. 1. * * *
    (a) * * *
    (b) * * *
    The following sums are hereby appropriated, out of any 
money in the Treasury not otherwise appropriated and out of 
applicable corporate or other revenues, receipts, and funds, 
for the several departments, agencies, corporations, and other 
organizational units of the Government for the fiscal year 
1988, and for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary for 
programs, projects or activities provided for in the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1988, at a rate of 
operations and to the extent and in the manner provided for, 
the provisions of such Act to be effective as if it had been 
enacted into law as the regular appropriations Act, as follows:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1988, and for other purposes.

           * * * * * * *

                     TITLE III--DEPARTMENT OF STATE

          * * * * * * *

                General Provisions--Department of State

          * * * * * * *
    Sec. 303.\1\ There is hereby appropriated, out of any money 
in the Treasury not otherwise appropriated, a total of $350,000 
\2\ for each fiscal year to carry out (in accordance with the 
respective authorization amounts) section 2(2) of Public Law 
84-689, section 2 of Public Law 86-42, section 2 of Public Law 
86-420, and section 109(b) and (c) of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985.\3\ These funds 
may be disbursed to each delegation, pursuant to vouchers in 
accordance with the applicable provisions of law, at any time 
requested by the Chairman of the delegation after that fiscal 
year begins. Section 2 of Public Law 84-689 is amended * * *
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 276 note. Sec. 303 provided appropriations for 
various parliamentary conferences and interparliamentary unions in 
which the United States participates. For text of legislation cited 
here, see Legislation on Foreign Relations Through 2001, vol. IV, sec. 
N.
    Sec. 2503(a), (d), and (e) of the Foreign Relations Authorization 
Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-836; 22 U.S.C. 276 note) provided the 
following:
    ``(a) Interparliamentary Union Limitation.--Unless the Secretary of 
State certifies to Congress that the United States will be assessed not 
more than $500,000 for its annual contribution to the Bureau of 
Interparliamentary Union during fiscal year 1999, then effective 
October 1, 1999, the authority for further participation by the United 
States in the Bureau shall terminate in accordance with subsection (d).
    ``(b)-(c) * * *
    ``(d) Conditional Termination of Authority.--Unless Congress 
receives the certification described in subsection (a) before October 
1, 1999, effective on that date the Act entitle `An Act to authorize 
participation by the Untied States in the Inter-parliamentary Union', 
approved June 28, 1935 (22 U.S.C. 276-276a-4) is repealed.
    ``(e) Transfer of Funds to the Treasury.--Unobligated balances of 
appropriations made under section 303 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1988 (as contained in section 101(a) of the Continuing 
Appropriations act, 1988; Public Law 100-202) that are available as the 
day before the date of enactment of this Act shall be transferred on 
such date to the general fund of the Treasury of the United States.''.
    Sec. 502(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 462), provided the 
following:
    ``(b) Deposit of Funds in Interest-Bearing Accounts.--Funds 
appropriated and disbursed pursuant to section 303 of Title III of 
Public Law 100-202 (101 Stat. 1329-23; 22 U.S.C. 276 note) are 
authorized to be deposited in interest-bearing accounts and any 
interest which accrues shall be deposited, periodically, in a 
miscellaneous account of the Treasury.''.
    \2\ Sec. 2503(c)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 [subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-837), struck out ``$440,000'' and inserted in 
lieu thereof ``$350,000''. Previously, sec. 304(a)(1) of the Department 
of State Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2128) 
struck out ``$340,000'' and inserted in lieu thereof ``$440,000''; sec. 
303 of the Department of State Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2207), struck out ``$290,000'' and inserted 
``$340,000''.
    \3\ Sec. 2503(c)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-837) struck out reference to ``paragraph (2) of 
the first section of Public Law 74-170''. Previously, sec. 303 of the 
Department of State Appropriations Act, 1989 (Public Law 100-459; 102 
Stat. 2207), added the reference to sec. 109(c) of the Department of 
State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-
164). Sec. 304(a)(2) of the Department of State Appropriations Act, 
1991 amended this by adding reference to subsec. (b).
---------------------------------------------------------------------------
    Sec. 304.\4\ * * * [Repealed--1991]
---------------------------------------------------------------------------
    \4\ Sec. 132(h)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 665), 
repealed sec. 304, relating to occupancy of the Soviet Union's new 
chancery building in Washington, D.C., and occupancy of the U.S. 
Embassy in Moscow.
---------------------------------------------------------------------------
    Sec. 305.\5\ The following sections of H.R. 1777 (the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 
1989) are waived during Fiscal Years 1988 and 1989 in the event 
that H.R. 1777 is enacted into law: Sec. 122, Sec. 151 and Sec. 
204.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 1461 note, 2656 note. H.R. 1777 was enacted into law 
as Public Law 100-204, on December 22, 1987.
---------------------------------------------------------------------------
          * * * * * * *
                   2. Organization and Administration

                     a. Foreign Service Act of 1980

Partial text of Public Law 96-465 [H.R. 6790], 94 Stat. 2071, approved 
    October 17, 1980, as amended by Executive Order 12289, February 14, 
    1981, 46 F.R. 12693; Public Law 97-241 [Department of State 
    Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 
    273, approved August 24, 1982; Executive Order 12446, October 17, 
    1983, 48 F.R. 48443; Public Law 98-164 [Department of State 
    Authorization Act, Fiscal Years 1984 and 1985, H.R. 2915], 97 Stat. 
    1017, approved November 22, 1983; Public Law 99-93 [Foreign 
    Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 
    2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-335 
    [Federal Employees' Retirement System Act of 1986, H.R. 2672], 100 
    Stat. 514, approved June 6, 1986; Public Law 99-399 [Omnibus 
    Diplomatic Security and Antiterrorism Act of 1986, H.R. 2151], 100 
    Stat. 853, approved August 27, 1986; Public Law 99-514 [Tax Reform 
    Act of 1986, H.R. 3838], 100 Stat. 2085, approved October 22, 1986; 
    Public Law 99-529 [Special Foreign Assistance Act of 1986, S. 
    1917], 100 Stat. 3610, approved October 24, 1986; Public Law 99-556 
    [Federal Employee's Retirement System Technical Corrections Act of 
    1986, H.R. 5626], 100 Stat. 3131, approved October 27, 1986; Public 
    Law 100-204 [Foreign Relations Authorization Act for Fiscal Years 
    1988 and 1989, H.R. 1777], 101 Stat. 1331, approved December 22, 
    1987; Public Law 100-238 [Federal Employees' Retirement System, 
    Technical Corrections; H.R. 3395], 101 Stat. 1744, approved January 
    8, 1988; Public Law 101-12 [Whistleblower Protection Act, S. 20], 
    approved April 10, 1989; Public Law 101-167 [Foreign Operations, 
    Export Financing, and Related Programs Appropriations Act, 1990; 
    H.R. 3743], 103 Stat. 1195, approved November 21, 1989; Public Law 
    101-194 [Ethics Reform Act of 1989, H.R. 3660], 103 Stat. 1716, 
    approved November 30, 1989; Public Law 101-246 [Foreign Relations 
    Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 
    Stat. 15, approved February 16, 1990; Public Law 101-509 [Treasury, 
    Postal Service and General Government Appropriations Act, 1991; 
    H.R. 5241], 104 Stat. 1389, approved November 5, 1990; Public Law 
    101-513 [Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved 
    November 5, 1990; Public Law 102-138 [Foreign Relations 
    Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 
    Stat. 647, approved October 28, 1991; Public Law 102-496 
    [Intelligence Authorization Act for Fiscal Year 1993, H.R. 5095], 
    106 Stat. 3180, approved October 24, 1992; Public Law 102-499 [H.R. 
    6047], 106 Stat. 3264, approved October 24, 1992; Public Law 103-66 
    [Omnibus Budget Reconciliation Act of 1993, H.R. 2264], 107 Stat. 
    312, approved August 10, 1993; Public Law 103-178 [Intelligence 
    Authorization Act for Fiscal Year 1994, H.R. 2330], 107 Stat. 2024, 
    approved December 3, 1993; Public Law 103-236 [Foreign Relations 
    Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 
    Stat. 382, approved April 30, 1994; Public Law 103-415 [H.R. 5034], 
    108 Stat. 4299, approved October 25, 1994; Public Law 104-65 
    [Lobbying Disclosure Act of 1995; S. 1060], 109 Stat. 691, approved 
    December 19, 1995; Public Law 105-33 [Balanced Budget Act of 1997; 
    H.R. 2015], 111 Stat. 251, approved August 5, 1997; Public Law 105-
    277 [Omnibus Consolidated and Emergency Supplemental Appropriations 
    Act, 1999; H.R. 4328], 112 Stat. 2681, approved October 21, 1998; 
    Public Law 105-277 [Foreign Affairs Reform and Restructuring Act of 
    1998; division G of H.R. 4328], 112 Stat. 2681-761, approved 
    October 21, 1998; Public Law 105-277 [Foreign Relations 
    Authorization Act for Fiscal Years 1998 and 1999; subdivision B of 
    division G of H.R. 4328], 112 Stat. 2681-801, approved October 21, 
    1998; Public Law 105-292 [International Religious Freedom Act of 
    1998; H.R. 2431], 112 Stat. 2787, approved October 27, 1998; Public 
    Law 105-382 [Department of State Special Agents Retirement Act of 
    1998 [Public Law 105-382; H.R. 633], approved November 13, 1998; 
    Public Law 106-113 [Admiral James W. Nance and Meg Donovan Foreign 
    Relations Authorization Act, Fiscal Years 2001 and 2001, H.R. 3427 
    enacted by reference in sec. 1000(a)(7) of the Consolidated 
    Appropriations Act, Fiscal Year 2000; H.R. 3194], 113 Stat. 1536, 
    approved November 29, 1999; and by Public Law 106-346 [Department 
    of Transportation and Related Agencies Appropriations Act, 2001, 
    H.R. 5394 enacted by reference in sec. 101(a) of H.R. 4475], 114 
    Stat. 1356, approved October 23, 2000

     AN ACT To promote the foreign policy of the United States by 
 strengthening and improving the Foreign Service of the United States, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    Section 1. Short Title.--This Act may be cited as the 
``Foreign Service Act of 1980''.
    Sec. 2. Table of Contents.--The table of contents for this 
Act is as follows:

                            TABLE OF CONTENTS

                                                                    Page

Sec. 1. Short title...............................................   588
Sec. 2. Table of contents.........................................   588

            TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

                      Chapter 1--General Provisions

Sec. 101. Findings and objectives.................................   591
Sec. 102. Definitions.............................................   593
Sec. 103. Members of the Service..................................   594
Sec. 104. Functions of the Service................................   594
Sec. 105. Merit principles; protections for members of the 
    Service; and minority recruitment.............................   594

                  Chapter 2--Management of the Service

Sec. 201. The Secretary of State..................................   596
Sec. 202. Other agencies utilizing the Foreign Service personnel 
    system........................................................   596
Sec. 203. Compatibility among agencies utilizing the Foreign 
    Service personnel system......................................   597
Sec. 204. Consolidated and uniform administration of the Service..   598
Sec. 205. Compatibility between the Foreign Service and other 
    Government personnel systems..................................   598
Sec. 206. Regulations; delegation of functions....................   598
Sec. 207. Chief of mission........................................   598
Sec. 208. Director General of the Foreign Service.................   599
Sec. 209. Inspector General.......................................   599
Sec. 210. Board of the Foreign Service............................   603
Sec. 211. Board of Examiners for the Foreign Service..............   603

                         Chapter 3--Appointments

Sec. 301. General provisions relating to appointments.............   604
Sec. 302. Appointments by the President...........................   605
Sec. 303. Appointments by the Secretary...........................   606
Sec. 304. Appointment of chiefs of mission........................   606
Sec. 305. Appointment to the Senior Foreign Service...............   607
Sec. 306. Career appointments.....................................   608
Sec. 307. Entry levels for Foreign Service officer candidates.....   608
Sec. 308. Recall and reemployment of career members...............   608
Sec. 309. Limited appointments....................................   609
Sec. 310. Reemployment rights following limited appointment.......   609
Sec. 311. United States citizens hired abroad.....................   609
Sec. 312. Diplomatic and consular commissions.....................   610

                         Chapter 4--Compensation

Sec. 401. Salaries of chiefs of mission...........................   610
Sec. 402. Salaries of the Senior Foreign Service..................   611
Sec. 403. Foreign Service Schedule................................   612
Sec. 404. Assignment to a salary class............................   612
Sec. 405. Performance pay.........................................   613
Sec. 406. Within-class salary increases...........................   615
Sec. 407. Salaries for Foreign Service personnel abroad who 
    perform routine duties........................................   615
Sec. 408. Local compensation plans................................   615
Sec. 409. Salaries of consular agents.............................   617
Sec. 410. Compensation for imprisoned foreign national employees..   617
Sec. 411. Temporary service as principal officer..................   618
Sec. 412. Special differentials...................................   618
Sec. 413. Death gratuity..........................................   619
Sec. 414. Border equalization pay adjustment......................   619

         Chapter 5--Classification of Positions and Assignments

Sec. 501. Classification of positions.............................   620
Sec. 502. Assignments to Foreign Service positions................   620
Sec. 503. Assignments to agencies, international organizations, 
    and other bodies..............................................   621
Sec. 504. Service in the United States and abroad.................   621
Sec. 505. Temporary details.......................................   622

                   Chapter 6--Promotion and Retention

Sec. 601. Promotions..............................................   622
Sec. 602. Selection boards........................................   624
Sec. 603. Basis for selection board review........................   624
Sec. 604. Confidentiality of records..............................   625
Sec. 605. Implementation of selection board recommendations.......   625
Sec. 606. Other bases for increasing pay..........................   626
Sec. 607. Retirement for expiration of time in class..............   626
Sec. 608. Retirement based on relative performance................   627
Sec. 609. Retirement benefits.....................................   628
Sec. 610. Separation for cause....................................   629
Sec. 611. Reductions in force.....................................   630
Sec. 612. Termination of limited appointments.....................   631
Sec. 613. Termination of appointments of consular agents and 
    foreign national employees....................................   631
Sec. 614. Foreign Service awards..................................   632

        Chapter 7--Career Development, Training, and Orientation

Sec. 701. Institute for Training..................................   632
Sec. 702. Foreign language requirements...........................   634
Sec. 703. Career development......................................   634
Sec. 704. Training authorities....................................   635
Sec. 705. Training grants.........................................   636
Sec. 706. Career counseling.......................................   637
Sec. 707. Visiting Scholars Program...............................   637
Sec. 708. Training for Foreign Service Officers...................   637

          Chapter 8--Foreign Service Retirement and Disability

     subchapter i--foreign service retirement and disability system

Sec. 801. Administration of the System............................   639
Sec. 802. Maintenance of the Fund.................................   639
Sec. 803. Participants............................................   640
Sec. 804. Definitions.............................................   640
Sec. 805. Contributions to the Fund...............................   644
Sec. 806. Computation of annuities................................   648
Sec. 807. Payment of annuity......................................   655
Sec. 808. Retirement for disability or incapacity.................   657
Sec. 809. Death in service........................................   659
Sec. 810. Discontinued service retirement.........................   661
Sec. 811. Voluntary retirement....................................   661
Sec. 812. Mandatory retirement....................................   662
Sec. 813. Reassignment and retirement of former Presidential 
    appointees....................................................   663
Sec. 814. Former spouses..........................................   663
Sec. 815. Lump-sum payments.......................................   667
Sec. 816. Creditable service......................................   669
Sec. 817. Extra credit for service at unhealthful posts...........   673
Sec. 818. Estimate of appropriations needed.......................   674
Sec. 819. Investment of the Fund..................................   674
Sec. 820. Assignment and attachment of moneys.....................   674
Sec. 821. Payments for future benefits............................   675
Sec. 822. Unfunded liability obligations..........................   676
Sec. 823. Annuity adjustment for recall service...................   676
Sec. 824. Reemployment............................................   677
Sec. 825. Voluntary contributions.................................   678
Sec. 826. Cost-of-living adjustments of annuities.................   679
Sec. 827. Compatibility between civil service and Foreign Service 
    retirement systems............................................   681
Sec. 828. Remarriage..............................................   682
Sec. 829. Thrift Savings Fund participation.......................   682
Sec. 830. Qualified former wives and husbands.....................   682
Sec. 830. Retirement benefits for certain former spouses..........   683
Sec. 831. Retirement benefits for certain former spouses..........   685
Sec. 831. Survivor benefits for certain former spouses............   686
Sec. 832. Survivor benefits for certain former spouses............   688
Sec. 832. Health benefits for certain former spouses..............   689
Sec. 833. Health benefits for certain former spouses..............   690

              subchapter ii--foreign service pension system

Sec. 851. Establishment...........................................   691
Sec. 852. Definitions.............................................   692
Sec. 853. Participants............................................   693
Sec. 854. Creditable service......................................   694
Sec. 855. Entitlement to annuity..................................   696
Sec. 856. Deductions and withholdings from pay....................   698
Sec. 857. Government contributions................................   698
Sec. 858. Cost-of-living adjustments..............................   699
Sec. 859. General and administrative provisions...................   699
Sec. 860. Transition provisions...................................   699
Sec. 861. Former spouses..........................................   700
Sec. 862. Spousal agreements......................................   702

              Chapter 9--Travel, Leave, and Other Benefits

Sec. 901. Travel and related expenses.............................   702
Sec. 902. Loan of household effects...............................   705
Sec. 903. Required leave in the United States.....................   705
Sec. 904. Health care.............................................   706
Sec. 905. Representation expenses.................................   707
Sec. 906. Entitlement to vote in a State in a Federal Election....   707

                 Chapter 10--Labor-Management Relations

Sec. 1001. Labor-management policy................................   707
Sec. 1002. Definitions............................................   708
Sec. 1003. Application............................................   710
Sec. 1004. Employee rights........................................   710
Sec. 1005. Management rights......................................   710
Sec. 1006. Foreign Service Labor Relations Board..................   711
Sec. 1007. Functions of the Board.................................   712
Sec. 1008. Functions of the General Counsel.......................   713
Sec. 1009. Judicial review and enforcement........................   713
Sec. 1010. Foreign Service Impasse Disputes Panel.................   714
Sec. 1011. Exclusive recognition..................................   714
Sec. 1012. Employees represented..................................   716
Sec. 1013. Representation rights and duties.......................   716
Sec. 1014. Resolution of implementation disputes..................   718
Sec. 1015. Unfair labor practices.................................   718
Sec. 1016. Prevention of unfair labor practices...................   720
Sec. 1017. Standards of conduct for labor organizations...........   722
Sec. 1018. Administrative provisions..............................   723

                         Chapter 11--Grievances

Sec. 1101. Definition of grievance................................   725
Sec. 1102. Grievances concerning former members...................   726
Sec. 1103. Freedom of action......................................   726
Sec. 1104. Time limitations.......................................   727
Sec. 1105. Foreign Service Grievance Board........................   728
Sec. 1106. Board procedures.......................................   730
Sec. 1107. Board decisions........................................   731
Sec. 1108. Access to records......................................   734
Sec. 1109. Relationship to other remedies.........................   734
Sec. 1110. Judicial review........................................   735

             Chapter 12--Foreign Service Internship Program

Sec. 1201. Statement of policy; objectives........................   736
Sec. 1202. Foreign service internship program.....................   736
Sec. 1203. Report to Congress.....................................   738
Sec. 1204. Authorization of appropriations........................   738

   TITLE II--TRANSITION, AMENDMENTS TO OTHER LAWS, AND MISCELLANEOUS 
                               PROVISIONS

                          Chapter 1--Transition

Sec. 2101. Pay and benefits pending conversion....................   738
Sec. 2102. Conversion to the Foreign Service Schedule.............   739
Sec. 2103. Conversion to the Senior Foreign Service...............   739
Sec. 2104. Conversion from the Foreign Service....................   741
Sec. 2105. Conversion of certain positions in the Department of 
    Agriculture...................................................   741
Sec. 2106. Preservation of status and benefits....................   742
Sec. 2107. Regulations............................................   743
Sec. 2108. Authority of other agencies............................   743
Sec. 2109. Survivor benefits for certain former spouses...........   744

       Chapter 2--Provisions Relating to Foreign Affairs Agencies

Sec. 2201. Basic authorities of the Department of State...........   744
Sec. 2202. Peace Corps Act........................................   744
Sec. 2203. Foreign Assistance Act.................................   744
Sec. 2204. Arms Control and Disarmament Act.......................   744
Sec. 2205. Repealed provisions....................................   744
Sec. 2206. Other conforming amendments............................   744
Sec. 2207. Model foreign language competence posts................   744

       Chapter 3--Amendments to Title 5, United States Code * * *

  Chapter 4--Saving Provisions, Congressional Oversight, and Effective 
                                  Date

Sec. 2401. Saving provisions......................................   745
Sec. 2402. Congressional oversight of implementation..............   745
Sec. 2403. Effective date.........................................   746

           TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

                     Chapter 1--General Provisions

    Sec. 101.\1\ Findings and Objectives.--(a) The Congress 
finds that--
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    \1\ 22 U.S.C. 3901.
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          (1) a career foreign service, characterized by 
        excellence and professionalism, is essential in the 
        national interest to assist the President and the 
        Secretary of State in conducting the foreign affairs of 
        the United States;
          (2) the scope and complexity of the foreign affairs 
        of the Nation have heightened the need for a 
        professional foreign service that will serve the 
        foreign affairs interests of the United States in an 
        integrated fashion and that can provide a resource of 
        qualified personnel for the President, the Secretary of 
        State, and the agencies concerned with foreign affairs;
          (3) the Foreign Service of the United States, 
        established under the Act of May 24, 1924 (commonly 
        known as the Rogers Act) and continued by the Foreign 
        Service Act of 1946, must be preserved, strengthened, 
        and improved in order to carry out its mission 
        effectively in response to the complex challenges of 
        modern diplomacy and international relations;
          (4) the members of the Foreign Service should be 
        representative of the American people, aware of the 
        principles and history of the United States and 
        informed of current concerns and trends in American 
        life, knowledgeable of the affairs, cultures, and 
        languages of other countries, and available to serve in 
        assignments throughout the world; and
          (5) the Foreign Service should be operated on the 
        basis of merit principles.
    (b) The objective of this Act is to strengthen and improve 
the Foreign Service of the United States by--
          (1) assuring, in accordance with merit principles, 
        admission through impartial and rigorous examination, 
        acquisition of career status only by those who have 
        demonstrated their fitness through successful 
        completion of probationary assignments, effective 
        career development, advancement and retention of the 
        ablest, and separation of those who do not meet the 
        requisite standards of performance;
          (2) fostering the development and vigorous 
        implementation of policies and procedures, including 
        affirmative action programs, which will facilitate and 
        encourage (A) entry into and advancement in the Foreign 
        Service by persons from all segments of American 
        society, and (B) equal opportunity and fair and 
        equitable treatment for all without regard to political 
        affiliation, race, color, religion, national origin, 
        sex, marital status, age, or handicapping condition;
          (3) providing for more efficient, economical, and 
        equitable personnel administration through a simplified 
        structure of Foreign Service personnel categories and 
        salaries;
          (4) establishing a statutory basis for participation 
        by the members of the Foreign Service, through their 
        elected representatives, in the formulation of 
        personnel policies and procedures which affect their 
        conditions of employment, and maintaining a fair and 
        effective system for the resolution of individual 
        grievances that will ensure the fullest measure of due 
        process for the members of the Foreign Service;
          (5) minimizing the impact of the hardships, 
        disruptions, and other unusual conditions of service 
        abroad upon the members of the Foreign Service, and 
        mitigating the special impact of such conditions upon 
        their families;
          (6) providing salaries, allowances, and benefits that 
        will permit the Foreign Service to attract and retain 
        qualified personnel as well as a system of incentive 
        payments and awards to encourage and reward outstanding 
        performance;
          (7) establishing a Senior Foreign Service which is 
        characterized by strong policy formulation 
        capabilities, outstanding executive leadership 
        qualities, and highly developed functional, foreign 
        language, and area expertise;
          (8) improving Foreign Service managerial flexibility 
        and effectiveness;
          (9) increasing efficiency and economy by promoting 
        maximum compatibility among the agencies authorized by 
        law to utilize the Foreign Service personnel system, as 
        well as compatibility between the Foreign Service 
        personnel system and other personnel systems of the 
        Government; and
          (10) otherwise enabling the Foreign Service to serve 
        effectively the interests of the United States and to 
        provide the highest caliber of representation in the 
        conduct of foreign affairs.
    Sec. 102.\2\ Definitions.--As used in this Act, the term--
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    \2\ 22 U.S.C. 3902. Sec. 130(a) of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1027) struck out a subsec. designation ``(a)'' following the 
section title and struck out the text of subsec. (b). Subsec. (b) had 
read as follows:
    ``(b) References in this Act or any other law to `Foreign Service 
officers' shall, with respect to the International Communications 
Agency, be deemed to refer to Foreign Service information officers.''.
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          (1) ``abroad'' means all areas not included within 
        the United States;
          (2) ``agency'' means an agency as defined in section 
        552(e) of title 5, United States Code;
          (3) ``chief of mission'' means the principal officer 
        in charge of a diplomatic mission of the United States 
        or of a United States office abroad which is designated 
        by the Secretary of State as diplomatic in nature, 
        including any individual assigned under section 502(c) 
        to be temporarily in charge of such a mission or 
        office;
          (4) ``Department'' means the Department of State, 
        except that with reference to the exercise of functions 
        under this Act with respect to another agency 
        authorized by law to utilize the Foreign Service 
        personnel system, such term means that other agency;
          (5) ``employee'' (except as provided in section 
        1002(8)) means, when used with respect to an agency or 
        to the Government generally, an officer or employee 
        (including a member of the Service) or a member of the 
        Armed Forces of the United States, the commissioned 
        corps of the Public Health Service, or the commissioned 
        corps of the National Oceanic and Atmospheric 
        Administration;
          (6) ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, 
        discretion, or activity;
          (7) ``Government'' means the Government of the United 
        States;
          (8) ``merit principles'' means the principles set out 
        in section 2301(b) of title 5, United States Code;
          (9) ``principal officer'' means the officer in charge 
        of a diplomatic mission, consular mission (other than a 
        consular agency), or other Foreign Service post;
          (10) ``Secretary'' means the Secretary of State, 
        except that (subject to section 201) with reference to 
        the exercise of functions under this Act with respect 
        to any agency authorized by law to utilize the Foreign 
        Service personnel system, such term means the head of 
        that agency;
          (11) ``Service'' or ``Foreign Service'' means the 
        Foreign Service of the United States; and
          (12) ``United States'', when used in a geographic 
        sense, means the several States and the District of 
        Columbia.
    Sec. 103.\3\ Members of the Service.--The following are the 
members of the Service.
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    \3\ 22 U.S.C. 3903.
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          (1) Chiefs of mission, appointed under section 
        302(a)(1) or assigned under section 502(c).
          (2) Ambassadors at large, appointed under section 
        302(a)(1).
          (3) Members of the Senior Foreign Service, appointed 
        under section 302(a)(1) or 303, who are the corps of 
        leaders and experts for the management of the Service 
        and the performance of its functions.
          (4) Foreign Service officers, appointed under section 
        302(a)(1), who have general responsibility for carrying 
        out the functions of the Service.
          (5) Foreign Service personnel, United States citizens 
        appointed under section 303, who provide skills and 
        services required for effective performance by the 
        Service.
          (6) Foreign national employees, foreign nationals 
        appointed under section 303, who provide clerical, 
        administrative, technical, fiscal, and other support at 
        Foreign Service posts abroad.
          (7) Consular agents, appointed under section 303 by 
        the Secretary of State, who provide consular and 
        related services as authorized by the Secretary of 
        State at specified locations abroad where no Foreign 
        Service posts are situated.
    Sec. 104.\4\ Functions of the Service.--Members of the 
Service shall, under the direction of the Secretary--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3904.
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          (1) represent the interest of the United States in 
        relation to foreign countries and international 
        organizations, and perform the functions relevant to 
        their appointments and assignments, including (as 
        appropriate) functions under the Vienna Convention on 
        Diplomatic Relations, the Vienna Convention on Consular 
        Relations, other international agreements to which the 
        United States is a party, the laws of the United 
        States, and orders, regulations, and directives issued 
        pursuant to law;
          (2) provide guidance for the formulation and conduct 
        of programs and activities of the Department and other 
        agencies which relate to the foreign relations of the 
        United States; and
          (3) perform functions on behalf of any agency or 
        other Government establishment (including any 
        establishment in the legislative or judicial branch) 
        requiring their services.
    Sec. 105.\5\ Merit Principles; Protections for Members of 
the Service; and Minority Recruitment.--(a)(1) All personnel 
actions with respect to career members and career candidates in 
the Service (including applicants for career candidate 
appointments) shall be made in accordance with merit 
principles.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 3905.
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    (2) For purposes of paragraph (1), the term ``personnel 
action'' means--
          (A) any appointment, promotion, assignment (including 
        assignment to any position or salary class), award of 
        performance pay or special differential, within-class 
        salary increase, separation, or performance evaluation, 
        and
          (B) any decision, recommendation, examination, or 
        ranking provided for under this Act which relates to 
        any action referred to in subparagraph (A).
    (b) The Secretary shall administer the provisions of this 
Act and shall prescribe such regulations as may be necessary to 
ensure that members of the Service, as well as applicants for 
appointments in the Service--
          (1) are free from discrimination on the basis of 
        race, color, religion, sex, national origin, age, 
        handicapping condition, marital status, geographic or 
        educational affiliation within the United States,\6\ or 
        political affiliation, as prohibited under section 
        2302(b)(1) of title 5, United States Code;
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    \6\ Sec. 153(d) of the Foreign Relations Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 43) inserted 
``geographic or educational affiliation within the United States,'' 
after ``marital status''.
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          (2) are free from reprisal for--
                  (A) a disclosure of information by a member 
                of applicant which the member or applicant 
                reasonably believes evidences--
                          (i) a violation of any law, rule, or 
                        regulation, or
                          (ii) mismanagement, a gross waste of 
                        funds, an abuse of authority, or a 
                        substantial and specific danger to 
                        public health or safety,
                if such disclosure is not specifically 
                prohibited by law and if such information is 
                not specifically required by Executive order to 
                be kept secret in the interest of national 
                defense or the conduct of foreign affairs; or
                  (B) a disclosure to the Special Counsel of 
                the Merit Systems Protection Board, or to the 
                Inspector General of an agency (including the 
                Inspector General of the Department of State 
                and the Foreign Service) or another employee 
                designated by the head of the agency to receive 
                such disclosures, of information which the 
                member or applicant reasonably believes 
                evidences--
                          (i) a violation of any law, rule, or 
                        regulation, or
                          (ii) mismanagement, a gross waste of 
                        funds, an abuse of authority, or a 
                        substantial and specific danger to 
                        public health or safety;
          (3) are free to submit to officials of the Service 
        and the Department any report, evaluation, or 
        recommendation, including the right to submit such 
        report, evaluation, or recommendation through a 
        separate dissent channel, whether or not the views 
        expressed therein are in accord with approved policy, 
        unless the report, evaluation, or recommendation was 
        submitted with the knowledge that it was false or with 
        willful disregard for its truth or falsity; and
          (4) are free from any personnel practice prohibited 
        by section 2302 of title 5, United States Code.
    (c) This section shall not be construed as authorizing the 
withholding of information from the Congress or the taking of 
any action against a member of the Service who discloses 
information to the Congress.
    (d)(1) The Secretary shall establish a minority recruitment 
program for the Service consistent with section 7201 of title 
5, United States Code.
    (2) \7\ The Secretary shall transmit, to the Chairman of 
the Committee on Foreign Relations of the Senate and the 
Speaker of the House of Representatives, the Department's 
reports on its equal employment opportunity and affirmative 
action programs and its minority recruitment programs, which 
reports are required by law, regulation, or directive to be 
submitted to the Equal Employment Opportunity Commission (EEOC) 
or the Office of Personnel Management (OPM). Each such report 
shall be transmitted to the Congress at least once annually, 
and shall be received by the Congress not later than 30 days 
after its original submission to the Equal Employment 
Opportunity Commission or the Office of Personnel Management.
---------------------------------------------------------------------------
    \7\ Paragraph (2) was amended and restated by sec. 185(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1365).
---------------------------------------------------------------------------
    (e) This section shall not be construed to extinguish or 
lessen any effort to achieve equal employment opportunity 
through affirmative action or any right or remedy available to 
any employee or applicant for employment in the civil service 
under--
          (1) section 717 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-16), prohibiting discrimination on the 
        basis of race, color, religion, sex, or national 
        origin;
          (2) sections 12 and 15 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 631, 633a), 
        prohibiting discrimination on the basis of age;
          (3) section 6(d) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 206(d)), prohibiting discrimination on 
        the basis of sex;
          (4) sections 501 and 505 of the Rehabilitation Act of 
        1973 (29 U.S.C. 791, 794a), prohibiting discrimination 
        on the basis of handicapping condition; or
          (5) any provision of law, rule, or regulation 
        prohibiting discrimination on the basis of marital 
        status or political affiliation.

                  Chapter 2--Management of the Service

    Sec. 201.\8\ The Secretary of State.--(a) Under the 
direction of the President, the Secretary of State shall 
administer and direct the Service and shall coordinate its 
activities with the needs of the Department of State and other 
agencies.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 3921.
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    (b) The Secretary of State alone among the heads of 
agencies utilizing the Foreign Service personnel system shall 
perform the functions expressly vested in the Secretary of 
State by this Act.
    Sec. 202.\9\ Other Agencies Utilizing the Foreign Service 
Personnel System.--(a)(1) The Broadcasting Board of Governors 
and the Administrator of the Agency for International 
Development \10\ may utilize the Foreign Service personnel 
system with respect to their respective agencies in accordance 
with this Act.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3922.
    \10\ Sec. 1335(k)(1) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-789) struck out ``Director of the United States Information 
Agency'' and inserted in lieu thereof ``Broadcasting Board of 
Governors''. Sec. 1422(b)(4)(A) of that Act (112 Stat. 2681-793) struck 
out ``Director of the United States International Development 
Cooperation Agency'' and inserted in lieu thereof ``Administrator of 
the Agency for International Development''.
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    (2) The Secretary of Agriculture may utilize the Foreign 
Service personnel system in accordance with this Act--
          (A) with respect to personnel of the Foreign 
        Agricultural Service, and
          (B) with respect to other personnel of the Department 
        of Agriculture to the extent the President determines 
        to be necessary in order to enable the Department of 
        Agriculture to carry out functions which require 
        service abroad.
    (3) The Secretary of Commerce may utilize the Foreign 
Service personnel system in accordance with this Act--
          (A) with respect to the personnel performing 
        functions transferred to the Department of Commerce 
        from the Department of State by Reorganization Plan 
        Numbered 3 of 1979, and
          (B) with respect to other personnel of the Department 
        of Commerce to the extent the President determines to 
        be necessary in order to enable the Department of 
        Commerce to carry out functions which require service 
        abroad.
    (4) \11\ (A) Whenever (and to the extent) the Secretary of 
State considers it in the best interests of the United States 
Government, the Secretary of State may authorize the head of 
any agency or other Government establishment (including any 
establishment in the legislative or judicial branch) to appoint 
under section 303 individuals described in subparagraph (B) as 
members of the Service and to utilize the Foreign Service 
personnel system with respect to such individuals under such 
regulations as the Secretary of State may prescribe.
---------------------------------------------------------------------------
    \11\ Sec. 332 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2001 and 2001 (enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536), 
added para. (4).
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    (B) The individuals referred to in subparagraph (A) are 
individuals eligible for employment abroad under section 
311(a).
    (b) Subject to section 201(b)--
          (1) the agency heads referred to in subsection (a), 
        and
          (2) the head of any other agency (to the extent 
        authority to utilize the Foreign Service personnel 
        system is granted to such agency head under any other 
        Act),
shall in the case of their respective agencies exercise the 
functions vested in the Secretary by this Act.
    Sec. 203.\12\ Compatibility Among Agencies Utilizing the 
Foreign Service Personnel System.--(a) The Service shall be 
administered to the extent practicable in a manner that will 
assure maximum compatibility among the agencies authorized by 
law to utilize the Foreign Service personnel system. To this 
end, the other heads of such agencies shall consult regularly 
with the Secretary of State.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 3923.
---------------------------------------------------------------------------
    (b) Nothing in this chapter shall be construed as 
diminishing the authority of the head of any agency authorized 
by law to utilize the Foreign Service personnel system.
    Sec. 204.\13\ Consolidated and Uniform Administration of 
the Service.--The Secretary shall on a continuing basis 
consider the need for uniformity of personnel policies and 
procedures and for consolidation (in accordance with section 23 
of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2695)) of personnel functions among agencies utilizing 
the Foreign Service personnel system. Where feasible, the 
Secretary of State shall encourage (in consultation with the 
other heads of such agencies) the development of uniform 
policies and procedures and consolidated personnel functions.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 3924.
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    Sec. 205.\14\ Compatibility Between the Foreign Service and 
Other Government Personnel Systems.--The Service shall be 
administered to the extent practicable in conformity with 
general policies and regulations of the Government. The 
Secretary shall consult with the Director of the Office of 
Personnel Management, the Director of the Office of Management 
and Budget, and the heads of such other agencies as the 
President shall determine, in order to assure compatibility of 
the Foreign Service personnel system with other Government 
personnel systems to the extent practicable.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 3925.
---------------------------------------------------------------------------
    Sec. 206.\15\ Regulations; Delegation of Functions.--(a) 
The Secretary may prescribe such regulations as the Secretary 
deems appropriate to carry out functions under this Act.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 3926.
---------------------------------------------------------------------------
    (b) The Secretary may delegate functions under this Act 
which are vested in the Secretary to any employee of the 
Department or any member of the Service.
    Sec. 207.\16\ Chief of Mission.--(a) Under the direction of 
the President, the chief of mission to a foreign country--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 3927.
---------------------------------------------------------------------------
          (1) shall have full responsibility for the direction, 
        coordination, and supervision of all Government 
        executive branch \17\ employees in that country (except 
        for employees under the command of a United States area 
        military commander); and
---------------------------------------------------------------------------
    \17\ Sec. 136 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1345), inserted 
``executive branch'' in subsecs. (a)(1), (a)(2), and (b).
---------------------------------------------------------------------------
          (2) shall keep fully and currently informed with 
        respect to all activities and operations of the 
        Government within that country, and shall insure that 
        all Government executive branch \17\ employees in that 
        country (except for employees under the command of a 
        United States area military commander) comply fully 
        with all applicable directives of the chief of mission.
    (b) Any executive branch \17\ agency having employees in a 
foreign country shall keep the chief of mission to that country 
fully and currently informed with respect to all activities and 
operations of its employees in that country, and shall insure 
that all of its employees in that country (except for employees 
under the command of a United States area military commander) 
comply fully with all applicable directives of the chief of 
mission.
    (c) \18\ Each chief of mission to a foreign country shall 
have as a principal duty the promotion of United States goods 
and services for export to such country.
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    \18\ Subsec. (c) was added by sec. 123 of Public Law 97-241 (96 
Stat. 281).
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SEC. 208.\19\ DIRECTOR GENERAL OF THE FOREIGN SERVICE.

    The President shall appoint, by and with the advice and 
consent of the Senate, a Director General of the Foreign 
Service, who shall be a current or former career member of the 
Foreign Service. The Director General should assist the 
Secretary of State in the management of the Service and perform 
such functions as the Secretary of State may prescribe.
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    \19\ 22 U.S.C. 3928. Sec. 163 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 411), amended and restated sec. 208. It formerly read:
    ``Sec. 208. Director General of the Foreign Service.--There shall 
be a Director General of the Foreign Service, who shall be appointed by 
the President, by and with the advice and consent of the Senate, from 
among the career members of the Senior Foreign Service. The Director 
General shall assist the Secretary of State in the management of the 
Service and shall perform such functions as the Secretary of State may 
prescribe.''.
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    Sec. 209.\20\ Inspector General.--(a)(1) There shall be an 
Inspector General of the Department of State and the Foreign 
Service, who shall be appointed by the President, by and with 
the advice and consent of the Senate, without regard to 
political affiliation from among individuals exceptionally 
qualified for the position by virtue of their integrity and 
their demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigations, or their knowledge and experience in the 
conduct of foreign affairs. The Inspector General shall report 
to and be under the general supervision of the Secretary of 
State. Neither the Secretary of State nor any other officer of 
the Department shall prevent or prohibit the Inspector General 
from initiating, carrying out, or completing any audit or 
investigation, or from issuing any subpena during the course of 
any audit or investigation.\21\ The Inspector General shall 
periodically (at least every 5 years) inspect and audit the 
administration of activities and operations of each Foreign 
Service post and each bureau and other operating unit of the 
Department of State, and shall perform such other functions as 
the Secretary of State may prescribe, except that the Secretary 
of State shall not assign to the Inspector General any general 
program operating responsibilities.
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    \20\ 22 U.S.C. 3929.
    \21\ The sentence following this note was repealed by sec. 413 of 
Public Law 99-399 (100 Stat. 868) and was restored by sec. 405 of 
Public Law 99-529 (100 Stat. 3010).
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    (2) The Inspector General may be removed from office by the 
President. The President shall communicate the reasons for any 
such removal to both Houses of Congress.
    (b) Inspections, investigations, and audits conducted by or 
under the direction of the Inspector General shall include the 
systematic review and evaluation of the administration of 
activities and operations of Foreign Service posts and bureaus 
and other operating units of the Department of State, including 
an examination of--
          (1) whether financial transactions and accounts are 
        properly conducted, maintained, and reported;
          (2) whether resources are being used and managed with 
        the maximum degree of efficiency, effectiveness, and 
        economy;
          (3) whether the administration of activities and 
        operations meets the requirements of applicable laws 
        and regulations and, specifically, whether such 
        administration is consistent with the requirements of 
        section 105;
          (4) whether there exist instances of fraud or other 
        serious problems, abuses, or deficiencies, and whether 
        adequate steps for detection, correction, and 
        prevention have been taken; and
          (5) whether policy goals and objectives are being 
        effectively achieved and whether the interests of the 
        United States are being accurately and effectively 
        represented.
    (c)(1) The Inspector General shall develop and implement 
policies and procedures for the inspection and audit activities 
carried out under this section. These policies and procedures 
shall be consistent with the general policies and guidelines of 
the Government for inspection and audit activities and shall 
comply with the standards established by the Comptroller 
General of the United States for audits of Government agencies, 
organizations, programs, activities, and functions.
    (2) In carrying out the duties and responsibilities 
established under this section, the Inspector General shall 
give particular regard to the activities of the Comptroller 
General of the United States with a view toward insuring 
effective coordination and cooperation.
    (3) In carrying out the duties and responsibilities 
established under this section, the Inspector General shall 
report expeditiously to the Attorney General whenever the 
Inspector General has reasonable grounds to believe there has 
been a violation of Federal criminal law.
          (4) \22\ The Inspector General shall develop and 
        provide to employees--
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    \22\ Sec. 2208(a) of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-810) added para. (4).
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                  (A) information detailing their rights to 
                counsel; and
                  (B) guidelines describing in general terms 
                the policies and procedures of the Office of 
                Inspector General with respect to individuals 
                under investigation other than matters exempt 
                from disclosure under other provisions of law.
          (5) \23\ Investigations.--
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    \23\ Sec. 339(a) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added para. (5).
    Sec. 339(c), (d), and (e) of that Act further provided the 
following pertaining to this amendment and that made at sec. 209(d)(2):
    ``(c) Statutory Construction.--Nothing in the amendments made by 
this section may be construed to modify--
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          ``(1) section 209(d)(4) of the Foreign Service Act of 1980 
        (22 U.S.C. 3929(d)(4));
          ``(2) section 7(b) of the Inspector General Act of 1978 (5 
        U.S.C. app.);
          ``(3) the Privacy Act of 1974 (5 U.S.C. 552a);
          ``(4) the provisions of section 2302(b)(8) of title 5 
        (relating to whistleblower protection);
          ``(5) rule 6(e) of the Federal Rules of Criminal Procedure 
        (relating to the protection of grand jury information); or
          ``(6) any statute or executive order pertaining to the 
        protection of classified information.
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    ``(d) No Grievance or Right of Action.--A failure to comply with 
the amendments made by this section shall not give rise to any private 
right of action in any court or to an administrative complaint or 
grievance under any law.
    ``(e) Effective Date.--The amendments made by this section shall 
apply to cases opened on or after the date of the enactment of this 
Act.''.
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                  (A) Conduct of investigations.--In conducting 
                investigations of potential violations of 
                Federal criminal law or Federal regulations, 
                the Inspector General shall--
                          (i) abide by professional standards 
                        applicable to Federal law enforcement 
                        agencies; and
                          (ii) make every reasonable effort to 
                        permit each subject of an investigation 
                        an opportunity to provide exculpatory 
                        information.
                  (B) Final reports of investigations.--In 
                order to ensure that final reports of 
                investigations are thorough and accurate, the 
                Inspector General shall--
                          (i) make every reasonable effort to 
                        ensure that any person named in a final 
                        report of investigation has been 
                        afforded an opportunity to refute any 
                        allegation of wrongdoing or assertion 
                        with respect to a material fact made 
                        regarding that person's actions;
                          (ii) include in every final report of 
                        investigation any exculpatory 
                        information, as well as any inculpatory 
                        information, that has been discovered 
                        in the course of the investigation.
    (d)(1) The Inspector General shall keep the Secretary of 
State fully and currently informed, by means of the reports 
required by paragraphs (2) and (3) and otherwise, concerning 
fraud and other serious problems, abuses, and deficiencies 
relating to the administration of activities and operations 
administered or financed by the Department of State.
    (2) The Inspector General shall, not later than April 30 of 
each year, prepare and furnish to the Secretary of State an 
annual report summarizing the activities of the Inspector 
General. Such report shall include--
          (A) a description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        activities and operations of Foreign Service posts, and 
        bureaus and other operating units of the Department of 
        State, which were disclosed by the Inspector General 
        within the reporting period;
          (B) a description of the recommendations for 
        corrective action made by the Inspector General during 
        the reporting period with respect to significant 
        problems, abuses, or deficiencies described pursuant to 
        subparagraph (A);
          (C) an identification of each significant 
        recommendation described in previous annual reports on 
        which corrective action has not been completed;
          (D) a summary of matters referred to prosecutive 
        authorities and the prosecutions and convictions which 
        have resulted; \24\
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    \24\ Sec. 339(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``and'' at the end of subpara. (D), struck out 
a period and inserted in lieu thereof ``; and'' at the end of subpara. 
(E), and added a new subpara. (F).
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          (E) a listing of each audit report completed by the 
        Inspector General during the reporting period; and
          (F) \24\ a notification, which may be included, if 
        necessary, in the classified portion of the report, of 
        any instance in a case that was closed during the 
        period covered by the report when the Inspector General 
        decided not to afford an individual the opportunity 
        described in subsection (c)(5)(B)(i) to refute any 
        allegation and the rationale for denying such 
        individual that opportunity.
The Secretary of State shall transmit a copy of such annual 
report within 30 days after receiving it to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \25\ of the House of Representatives and to other 
appropriate committees, together with a report of the Secretary 
of State containing any comments which the Secretary of State 
deems appropriate. Within 60 days after transmitting such 
reports to those committees, the Secretary of State shall make 
copies of them available to the public upon request and at a 
reasonable cost.
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    \25\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (3) The Inspector General shall report immediately to the 
Secretary of State whenever the Inspector General becomes aware 
of particularly serious or flagrant problems, abuses, or 
deficiencies relating to the administration of activities and 
operations of Foreign Service posts or bureaus or other 
operating units of the Department of State. The Secretary of 
State shall transmit any such report to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \25\ of the House of Representatives and to other 
appropriate committees within 7 days after receiving it, 
together with a report by the Secretary of State containing any 
comments the Secretary of State deems appropriate.
    (4) Nothing in this subsection shall be construed to 
authorize the public disclosure by any individual of any 
information which is--
          (A) specifically prohibited from disclosure by any 
        other provision of law; or
          (B) specifically required by Executive order to be 
        kept secret in the interest of national defense or the 
        conduct of foreign affairs.
    (e)(1) The Inspector General shall have the same authority 
in carrying out the provisions of this section as is granted 
under section 6 of the Inspector General Act of 1978 to each 
Inspector General of an establishment (as defined in section 
11(2) of such Act) for carrying out the provisions of that Act, 
and the responsibilities of other officers of the Government to 
the Inspector General shall be the same as the responsibilities 
of the head of an agency or establishment under section 6 (b) 
and (c) of such Act.
    (2) At the request of the Inspector General, employees of 
the Department and members of the Service may be assigned as 
employees of the Inspector General. The individuals so assigned 
and individuals appointed pursuant to paragraph (1) shall be 
responsible solely to the Inspector General, and the Inspector 
General or his or her designee shall prepare the performance 
evaluation reports for such individuals.
    (3) \26\ The Inspector General shall ensure that only 
officials from the Office of the Inspector General may 
participate in formal interviews or other formal meetings with 
the individual who is the subject of an investigation, other 
than an intelligence-related or sensitive undercover 
investigation, or except in those situations when the Inspector 
General has a reasonable basis to believe that such notice 
would cause tampering with witnesses, destroying evidence, or 
endangering the lives of individuals, unless that individual 
receives prior adequate notice regarding participation by 
officials of any other agency, including the Department of 
Justice, in such interviews or meetings.
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    \26\ Sec. 2208(b) of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-810) added para. (3).
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    (f)(1) The Inspector General may receive and investigate 
complaints or information from a member of the Service or 
employee of the Department concerning the possible existence of 
an activity constituting a violation of laws or regulations, 
constituting mismanagement, gross waste of funds, or abuse of 
authority, or constituting a substantial and specific danger to 
public health or safety.
    (2) The Inspector General shall not, after receipt of a 
complaint or information from a member of the Service or 
employee of the Department, disclose the identity of such 
individual without the consent of such individual, unless the 
Inspector General determines such disclosure is unavoidable 
during the course of the investigation.
    (g) Under the general supervision of the Secretary of 
State, the Inspector General may review activities and 
operations performed under the direction, coordination, and 
supervision of chiefs of mission for the purpose of 
ascertaining their consonance with the foreign policy of the 
United States and their consistency with the responsibilities 
of the Secretary of State and the chief of mission.
    Sec. 210.\27\ Board of the Foreign Service.--The President 
shall establish a Board of the Foreign Service to advise the 
Secretary of State on matters relating to the Service, 
including furtherance of the objectives of maximum 
compatibility among agencies authorized by law to utilize the 
Foreign Service personnel system and compatibility between the 
Foreign Service personnel system and the other personnel 
systems of the Government. The Board of the Foreign Service 
shall be chaired by an individual appointed by the President 
\28\ and shall include one or more representatives of the 
Department of State, the Broadcasting Board of Governors, the 
Agency for International Development,\29\ the Department of 
Agriculture, the Department of Commerce, the Department of 
Labor, the Office of Personnel Management, the Office of 
Management and Budget, the Equal Employment Opportunity 
Commission, and such other agencies as the President may 
designate.
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    \27\ 22 U.S.C. 3930.
    \28\ Sec. 153 of Public Law 99-93 (99 Stat. 405) inserted ``shall 
be chaired by an individual appointed by the President'' in lieu of 
``shall be chaired by a career member of the Senior Foreign Service 
designated by the Secretary of State.''.
    \29\ Sec. 1335(k)(2) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-789) struck out ``United States Information Agency'' and inserted 
in lieu thereof ``Broadcasting Board of Governors''. Sec. 1422(b)(4)(B) 
of that Act (112 Stat. 2681-793) struck out ``United States 
International Development Cooperation Agency'' and inserted in lieu 
thereof ``Agency for International Development''.
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    Sec. 211.\30\ Board of Examiners for the Foreign Service.--
(a) The President shall establish a Board of Examiners for the 
Foreign Service to develop, and supervise the administration 
of, examinations prescribed under section 301(b) to be given to 
candidates for appointment in the Service. The Board shall 
consist of 15 members appointed by the President (no fewer than 
5 of whom shall be appointed from among individuals who are not 
Government employees and who shall be qualified for service on 
the Board by virtue of their knowledge, experience, or training 
in the fields of testing or equal employment opportunity). The 
Board shall include representatives of agencies utilizing the 
Foreign Service personnel system and representatives of other 
agencies which have responsibility for employment testing. The 
Board shall be chaired by a member of the Board, designated by 
the President, who is a member of the Service.
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    \30\ 22 U.S.C. 3931.
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    (b) The Board of Examiners shall periodically review the 
examinations prescribed under section 301(b) in order to 
determine--
          (1) whether any such examination has an adverse 
        impact on the hiring, promotion, or other employment 
        opportunity of members of any race, sex, or ethnic 
        group;
          (2) methods of minimizing any such adverse impact;
          (3) alternatives to any examinations which have such 
        an adverse impact; and
          (4) whether such examinations are valid in relation 
        to job performance.
The Board of Examiners shall annually report its findings under 
this subsection to the Secretary of State and shall furnish to 
the Secretary of State its recommendations for improvements in 
the development, use, and administration of the examinations 
prescribed under section 301(b).
    (c) Any vacancy or vacancies on the Board shall not impair 
the right of the remaining members to exercise the full powers 
of the Board.

                        Chapter 3--Appointments

    Sec. 301.\31\ General Provisions Relating to 
Appointments.--(a) Only citizens of the United States may be 
appointed to the Service, other than for service abroad as a 
consular agent or as a foreign national employee.
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    \31\ 22 U.S.C. 3941. See also sec. 153(g) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 44).
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    (b) The Secretary shall prescribe, as appropriate, written, 
oral, physical, foreign language, and other examinations for 
appointment to the Service (other than as a chief of mission or 
ambassador at large).
    (c) The fact that an applicant for appointment as a Foreign 
Service officer candidate is a veteran or disabled veteran 
shall be considered an affirmative factor in making such 
appointments. As used in this subsection, the term ``veteran or 
disabled veteran'' means an individual who is a preference 
eligible under subparagraph (A), (B), or (C) of section 2108(3) 
of title 5, United States Code.
    (d)(1) Members of the Service serving under career 
appointments are career members of the Service. Members of the 
Service serving under limited appointments are either career 
candidates or non-career members of the Service.
    (2) Chiefs of mission, ambassadors at large, and ministers 
serve at the pleasure of the President.
    (3) An appointment as a Foreign Service officer is a career 
appointment. Foreign Service employees serving as career 
candidates or career members of the Service shall not represent 
to the income tax authorities of the District of Columbia or 
any other State or locality that they are exempt from income 
taxation on the basis of holding a Presidential appointment 
subject to Senate confirmation or that they are exempt on the 
basis of serving in an appointment whose tenure is at the 
pleasure of the President.\32\
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    \32\ The last sentence was added by sec. 179(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1331). Sec. 179(b) made the sentence effective with 
respect to tax years beginning after December 31, 1987.
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    Sec. 302.\33\ Appointments by the President.--(a)(1) The 
President may, by and with the advice and consent of the 
Senate, appoint an individual as a chief of mission, as an 
ambassador at large, as an ambassador,\34\ as a minister, as a 
career member of the Senior Foreign Service, or as a Foreign 
Service officer.
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    \33\ 22 U.S.C. 3942.
    \34\ Sec. 141 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 667), inserted ``as 
an ambassador,''.
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    (2)(A) The President may, by and with the advice and 
consent of the Senate, confer the personal rank of career 
ambassador upon a career member of the Senior Foreign Service 
in recognition of especially distinguished service over a 
sustained period.
    (B)(i) Subject to the requirement of clause (ii), the 
President may confer the personal rank of ambassador or 
minister on an individual in connection with a special mission 
for the President of a temporary nature not exceeding six 
months in duration.
    (ii) The President may confer such personal rank only if, 
prior to such conferral, he transmits to the Committee on 
Foreign Relations of the Senate a written report setting 
forth--
          (I) the necessity for conferring such rank,
          (II) the dates during which such rank will be held,
          (III) the justification for not submitting the 
        proposed conferral of personal rank to the Senate as a 
        nomination for advice and consent to appointment, and
          (IV) all relevant information concerning any 
        potential conflict of interest which the proposed 
        recipient of such personal rank may have with regard to 
        the special mission.
Such report shall be transmitted not less than 30 days prior to 
conferral of the personal rank of ambassador or minister except 
in cases where the President certifies in his report that 
urgent circumstances require the immediate conferral of such 
rank.
    (C) An individual upon whom a personal rank is conferred 
under subparagraph (A) or (B) shall not receive any additional 
compensation solely by virtue of such personal rank.
    (3) Except as provided in paragraph (2)(B) of this 
subsection or in clause 3, section 2, article II of the 
Constitution (relating to recess appointments), an individual 
may not be designated as ambassador or minister, or be 
designated to serve in any position with the title of 
ambassador or minister, without the advice and consent of the 
Senate.
    (b) If a member of the Service is appointed to any position 
in the executive branch by the President, by and with the 
advice and consent of the Senate, or by the President alone, 
the period of service in that position by the member shall be 
regarded as an assignment under chapter 5 and the member shall 
not, by virtue of the acceptance of such assignment, lose his 
or her status as a member of the Service. A member of the 
Senior Foreign Service who accepts such an assignment may elect 
to continue to receive the salary of his or her salary class, 
to remain eligible for performance pay under chapter 4, and to 
receive the leave to which such member is entitled under 
subchapter I of chapter 63, title 5, United States Code, as a 
member of the Senior Foreign Service, in lieu of receiving the 
salary and leave (if any) of the position to which the member 
is appointed by the President.\35\
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    \35\ Sec. 142(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 667), struck out 
text in the second sentence of subsec. (b) following ``assignment'', 
and inserted in lieu thereof text beginning with ``may elect to 
continue * * *''. The same sentence had been amended by sec. 177(b) of 
the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 
(Public Law 100-204; 101 Stat. 1362).
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    Sec. 303.\36\ Appointments by the Secretary.--The Secretary 
may appoint the members of the Service (other than the members 
of the Service who are in the personnel categories specified in 
section 302(a)) in accordance with this Act and such 
regulations as the Secretary may prescribe.
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    \36\ 22 U.S.C. 3943.
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    Sec. 304.\37\ Appointment of Chiefs of Mission.--(a)(1) An 
individual appointed or assigned to be a chief of mission 
should possess clearly demonstrated competence to perform the 
duties of a chief of mission, including, to the maximum extent 
practicable, a useful knowledge of the principal language or 
dialect of the country in which the individual is to serve, and 
knowledge and understanding of the history, the culture, the 
economic and political institutions, and the interests of that 
country and its people.
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    \37\ 22 U.S.C. 3944. Sec. 208(b) of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2001 and 
2001 (enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), repealed subsec. (c), which had read as follows:
    ``(c) Within 6 months after assuming the position, the chief of 
mission to a foreign country shall submit, to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives, a report describing his or her own foreign 
language competence and the foreign language competence of the mission 
staff in the principal language or other dialect of that country.''.
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    (2) Given the qualifications specified in paragraph (1), 
positions as chief of mission should normally be accorded to 
career members of the Service, though circumstances will 
warrant appointments from time to time of qualified individuals 
who are not career members of the Service.
    (3) Contributions to political campaigns should not be a 
factor in the appointment of an individual as a chief of 
mission.
    (4) The President shall provide the Committee on Foreign 
Relations of the Senate, with each nomination for an 
appointment as a chief of mission, a report on the demonstrated 
competence of that nominee to perform the duties of the 
position in which he or she is to serve.
    (b)(1) In order to assist the President in selecting 
qualified candidates for appointment or assignment as chiefs of 
mission, the Secretary of State shall from time to time furnish 
the President with the names of career members of the Service 
who are qualified to serve as chiefs of mission, together with 
pertinent information about such members.
    (2) Each individual nominated by the President to be a 
chief of mission, ambassador at large, or minister shall, at 
the time of nomination, file with the Committee on Foreign 
Relations of the Senate and the Speaker of the House of 
Representatives a report of contributions made by such 
individual and by members of his or her immediate family during 
the period beginning on the first day of the fourth calendar 
year preceding the calendar year of the nomination and ending 
on the date of the nomination. The report shall be verified by 
the oath of the nominee, taken before any individual authorized 
to administer oaths. The chairman of the Committee on Foreign 
Relations of the Senate shall have each such report printed in 
the Congressional Record. As used in this paragraph, the term 
``contribution'' has the same meaning given such term by 
section 301(8) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431(8)), and the term ``immediate family'' means the 
spouse of the nominee, and any child, parent, grandparent, 
brother, or sister of the nominee and the spouses of any of 
them.
    Sec. 305.\38\ Appointment to the Senior Foreign Service.--
(a) Appointment to the Senior Foreign Service shall be to a 
salary class established under section 402, and not to a 
position.
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    \38\ 22 U.S.C. 3945. Sec. 324 of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), provided the following:
    ``SEC. 324. PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL.
    ``The Director General of the Foreign Service shall submit a report 
on the first day of each fiscal quarter to the appropriate 
congressional committees containing the following:
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          ``(1) The number of members of the Senior Foreign Service.
          ``(2) The number of vacant positions designated for members 
        of the Senior Foreign Service.
          ``(3) The number of members of the Senior Foreign Service who 
        are not assigned to positions.''.
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    Sec. 175 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 108 Stat. 413), provided the 
following:
    ``SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE 
POSITIONS.
    ``(a) Audit and Review.--Not later than December 31, 1994, the 
Comptroller General of the United States shall conduct a classification 
audit of all Senior Foreign Service positions in Washington, District 
of Columbia, assigned to the Department of State, the Agency for 
International Development, and the United States Information Agency and 
shall review the methods for classification of such positions.
    ``(b) Report.--Not later than March 1, 1995, the Comptroller 
General shall submit a report of such audit and review to the Committee 
on Foreign Relations of the Senate and the Committee on Foreign Affairs 
of the House of Representatives.''.
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    (b) An individual may not be given a limited appointment in 
the Senior Foreign Service if that appointment would cause the 
number of members of the Senior Foreign Service serving under 
limited appointments to exceed 5 percent of the total number of 
members of the Senior Foreign Service, except that (1) members 
of the Senior Foreign Service assigned to the Peace Corps shall 
be excluded in the calculation and application of this 
limitation, and (2) members of the Senior Foreign Service 
serving under limited appointments with reemployment rights 
under section 310 as career appointees in the Senior Executive 
Service shall be considered to be career members of the Senior 
Foreign Service for purposes of this subsection.
    (c) \39\ (1) Appointments to the Senior Foreign Service by 
the Secretary of Commerce shall be excluded in the calculation 
and application of the limitation in subsection (b).
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    \39\ Subsection (c) was added by sec. 119(a) of Public Law 99-93 
(99 Stat. 412), effective October 1, 1985.
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    (2) Except as provided in paragraph (3), no more than one 
individual (other than an individual with reemployment rights 
under section 310 as a career appointee in the Senior Executive 
Service) may serve under a limited appointment in the Senior 
Foreign Service in the Department of Commerce at any time.
    (3) The Secretary of Commerce may appoint an individual to 
a limited appointment in the Senior Foreign Service for a 
specific position abroad if--
          (A) no career member of the Service who has the 
        necessary qualifications is available to serve in the 
        position; and
          (B) the individual appointed has unique 
        qualifications for the specific position.
    (d) \40\ The Secretary shall by regulation establish a 
recertification process for members of the Senior Foreign 
Service that is equivalent to the recertification process for 
the Senior Executive Service under section 3993a of title 5, 
United States Code.
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    \40\ Sec. 506(c)(1) of the Ethics Reform Act (Public Law 101-194; 
103 Stat. 1759) inserted a second subsection (c) to sec. 305, effective 
January 1, 1991. Sec. 6(d)(3) of Public Law 101-280 (104 Stat. 160) 
amended the Ethics Reform Act of 1989 to designate the new subsection 
as ``(d)''.
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    Sec. 306.\41\ Career Appointments.--(a) Before receiving a 
career appointment in the Service an individual shall first 
serve under a limited appointment as a career candidate for a 
trial period of service prescribed by the Secretary. During 
such trial period of service, the Secretary shall decide 
whether--
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    \41\ 22 U.S.C. 3946.
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          (1) to offer a career appointment to the candidate 
        under section 303, or
          (2) to recommend to the President that the candidate 
        be given a career appointment under section 302.
    (b) Decisions by the Secretary under subsection (a) shall 
be based upon the recommendations of boards, established by the 
Secretary and composed entirely or primarily of career members 
of the Service, which shall evaluate the fitness and aptitude 
of career candidates for the work of the Service.
    (c) \42\ Nothing in this section shall be construed to 
limit the authority of the Secretary or the Foreign Service 
Grievance Board under section 1107 of this Act.
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    \42\ Subsec. (c) was added by sec. 181(c) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1363). Sec. 181(e) of Public Law 100-204 provided that the 
amendment not apply with respect to any grievance in which the Board 
had issued a final decision pursuant to section 1107 of the Foreign 
Service Act of 1980 before the date of its enactment.
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    Sec. 307.\43\ Entry Levels for Foreign Service Officer 
Candidates.--A career candidate for appointment as a Foreign 
Service officer may not be initially assigned under section 404 
to a salary class higher than class 4 in the Foreign Service 
Schedule unless--
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    \43\ 22 U.S.C. 3947.
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          (1) the Secretary determines in an individual case 
        that assignment to a higher class is warranted because 
        of the qualifications (including foreign language 
        competence) and experience of the candidate and the 
        needs of the Service; or
          (2) at the time such initial assignment is made, the 
        candidate is serving under a career appointment in the 
        Service and is receiving a salary at a rate equal to or 
        higher than the minimum rate payable for class 4 in the 
        Foreign Service Schedule.
    Sec. 308.\44\ Recall and Reemployment of Career Members.--
(a) Whenever the Secretary determines that the needs of the 
Service so require, the Secretary may recall any retired career 
member of the Service for active duty in the same personnel 
category as that member was serving at the time of retirement. 
A retired career member may be recalled under this section to 
any appropriate salary class or rate, except that a retired 
career member of the Senior Foreign Service may not be recalled 
to a salary class higher than the one in which the member was 
serving at the time of retirement unless appointed to such 
higher class by the President, by and with the advice and 
consent of the Senate.
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    \44\ 22 U.S.C. 3948.
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    (b) Former career members of the Service may be reappointed 
under section 302(a)(1) or 303, without regard to section 306, 
in a salary class which is appropriate in light of the 
qualifications and experience of the individual being 
reappointed.
    Sec. 309.\45\ Limited Appointments.--(a) \46\ A limited 
appointment in the Service, including an appointment of an 
individual who is an employee of an agency, may not exceed 5 
years in duration and, except as provided in subsection 
(b),\46\ may not be extended or renewed. A limited appointment 
in the Service which is limited by its terms to a period of one 
year or less is a temporary appointment.
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    \45\ 22 U.S.C. 3949.
    \46\ Sec. 176 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1361) added subsec. 
designation (a); replaced the words ``section 311(a)'' with 
``subsection (b)'' in subsec. (a); and added a new subsec. (b).
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    (b) \46\ A limited appointment may be extended for 
continued service--
    (1) as a consular agent;
    (2) in accordance with section 311(a);
    (3) as a career candidate, if continued service is 
determined appropriate to remedy a matter that would be 
cognizable as a grievance under chapter 11; \47\
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    \47\ Sec. 180(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), struck 
``and'' at the end of para. (3); replaced the period at the end of 
para. (4) with ``; and''; and inserted ``; and (5) as a foreign 
national employee.''. Sec. 1(hh) of Public Law 103-415 (108 Stat. 4303) 
amended clause (5) to conform with indentation of other paragraphs in 
the subsection.
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    (4) as a career employee in another Federal personnel 
system serving in a Foreign Service position on detail from 
another agency; and \47\
    (5) \47\ as a foreign national employee.
    Sec. 310.\48\ Reemployment Rights Following Limited 
Appointment.--Any employee of an agency who accepts a limited 
appointment in the Service with the consent of the head of the 
agency in which the employee is employed shall be entitled, 
upon the termination of such limited appointment, to be 
reemployed in accordance with section 3597 of title 5, United 
States Code.
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    \48\ 22 U.S.C. 3950.
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    Sec. 311.\49\ United States Citizens Hired Abroad--
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    \49\ 22 U.S.C. 3951. Sec. 180(a)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 415), amended and restated sec. 311. As worded, the amendment 
struck out the section designation and catchline, which read ``sec. 
311. employment of family members of government employees.--''. Sec. 
1(h)(A) of Public Law 103-415 (108 Stat. 4300) inserted the section 
heading as shown. designation and catchline have been retained here.
    Sec. 311 formerly read as follows:
    ``SEC. 311. EMPLOYMENT OF FAMILY MEMBERS OF GOVERNMENT EMPLOYEES.--
(a) The Secretary, when employing individuals abroad in positions to 
which career members of the Service are not customarily assigned 
(including, when continuity over a long term is not a significant 
consideration, vacant positions normally filled by foreign national 
employees), shall give equal consideration to employing available 
qualified family members of members of the Service or of other 
Government employees assigned abroad. Family members so employed shall 
serve under renewable limited appointments in the Service and may be 
paid either in accordance with the Foreign Service Schedule or a local 
compensation plan established under section 408.
    ``(b) Employment of family members in accordance with this section 
may not be used to avoid fulfilling the need for full-time career 
positions.''.
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    (a) The Secretary, under section 303, may appoint United 
States citizens, who are family members of government employees 
assigned abroad or are hired for service at their post of 
residence, for employment in positions customarily filled by 
Foreign Service officers, Foreign Service personnel, and 
foreign national employees.
    (b) The fact that an applicant for employment in a position 
referred to in subsection (a) is a family member of a 
Government employee assigned abroad shall be considered an 
affirmative factor in employing such person.
    (c)(1) Non-family members employed under this section for 
service at their post of residence shall be paid in accordance 
with local compensation plans established under section 408.
    (2) Family members employed under this section shall be 
paid in accordance with the Foreign Service Schedule or the 
salary rates established under section 407.
    (3) In exceptional circumstances, non-family members may be 
paid in accordance with the Foreign Service Schedule or the 
salary rates established under section 407, if the Secretary 
determines that the national interest would be served by such 
payments.
    (d) Nonfamily member United States citizens employed under 
this section shall not be eligible by reason of such employment 
\50\ for benefits under chapter 8 of this Act, or under 
chapters 83 or 84 of title 5, United States Code.
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    \50\ Sec. 1(h)(B) of Public Law 103-415 (108 Stat. 4300) inserted 
``by reason of such employment'' after ``eligible''.
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    Sec. 312.\51\ Diplomatic and Consular Commissions.--(a) The 
Secretary of State may recommend to the President that a member 
of the Service who is a citizen of the United States be 
commissioned as a diplomatic or consular officer or both. The 
President may, by and with the advice and consent of the 
Senate, commission such member of the Service as a diplomatic 
or consular officer or both. The Secretary of State may 
commission as a vice consul a member of the Service who is a 
citizen of the United States. All official functions performed 
by a diplomatic or consular officer, including a vice consul, 
shall be performed under such a commission.
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 3952.
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    (b) Members of the Service commissioned under this section 
may, in accordance with their commissions, perform any function 
which any category of diplomatic officer (other than a chief of 
mission) or consular officer is authorized by law to perform.
    (c) The Secretary of State shall define the limits of 
consular districts.

                        Chapter 4--Compensation

    Sec. 401.\52\ Salaries of Chiefs of Mission.--(a) Except as 
provided in section 302(b), each \53\ chief of mission shall 
receive a salary, as determined by the President, at one of the 
annual rates payable for levels II through V of the Executive 
Schedule under sections 5313 through 5316 of title 5, United 
States Code, except that the total compensation, exclusive of 
danger pay, for any chief of mission shall not exceed the 
annual rate payable for level I \53\ of such Executive 
Schedule.\53\
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    \52\ 22 U.S.C. 3961.
    \53\ Sec. 142(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck 
out ``Each'', and inserted in lieu thereof ``Except as provided in 
section 302(b), each''.
    Previously, sec. 177 of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1362) had 
struck out the opening exception to section 302(b), and inserted 
language after ``United States Code''. Sec. 177 also stated that these 
amendments would not apply to the salary of any individual serving 
under a Presidential appointment under section 302 of the Foreign 
Service Act of 1980 immediately before the date of their enactment 
during the period such individual continues to serve in such position.
    Sec. 142(b)(2) of Public Law 102-138 struck out ``level II of 
such'', and inserted in lieu thereof ``level I of such''.
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    (b) The salary of a chief of mission shall commence upon 
the effective date of appointment to that position. The 
official services of a chief of mission are not terminated by 
the appointment of a successor, but shall continue for such 
additional period, not to exceed 50 days after relinquishment 
of charge of the mission, as the Secretary of State may 
determine. During that period, the Secretary of State may 
require the chief of mission to perform such functions as the 
Secretary of State deems necessary in the interest of the 
Government.
    Sec. 402.\54\ Salaries of the Senior Foreign Service.--
(a)(1) \55\ The President shall prescribe salary classes for 
the Senior Foreign Service and shall prescribe an appropriate 
title for each class. The President shall also prescribe one or 
more basic salary rates for each class. Basic salary rates for 
the Senior Foreign Service may not exceed the maximum rate or 
be less than the minimum rate of basic pay payable for the 
Senior Executive Service under section 5382 of title 5, United 
States Code, and shall be adjusted at the same time and in the 
same manner as rates of basic pay are adjusted for the Senior 
Executive Service.
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    \54\ 22 U.S.C. 3962. Sec. 2403(d)(2) of this Act stated that ``For 
the purposes of implementing section 2101, sections 402(a) and 403 
shall be effective as of the date of enactment of this Act.'' (October 
17, 1980).
    \55\ Sec. 124 of Public Law 97-241 (96 Stat. 281) inserted the 
paragraph designation ``(1)'', added the second sentence in par. (1), 
and inserted a new par. (2).
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    (2) \55\ The Secretary shall determine which of the basic 
salary rates prescribed by the President under paragraph (1) 
for any salary class shall be paid to each member of the Senior 
Foreign Service who is appointed to that class. The Secretary 
may adjust the basic salary rate of a member of the Senior 
Foreign Service not more than once during any 12-month period.
    (b)(1) An individual who is a career appointee in the 
Senior Executive Service receiving basic pay at one of the 
rates payable under section 5382 of title 5, United States 
Code, and who accepts a limited appointment in the Senior 
Foreign Service in a salary class for which the basic salary 
rate is less than such basic rate of pay, shall be paid a 
salary at his or her former basic rate of pay (with adjustments 
as provided in paragraph (2)) until the salary for his or her 
salary class in the Senior Foreign Service equals or exceeds 
the salary payable to such individual under this subsection.
    (2) The salary paid to an individual under this subsection 
shall be adjusted by 50 percent of each adjustment, which takes 
effect after the appointment of such individual to the Senior 
Foreign Service, in the basic rate of pay at which that 
individual was paid under section 5382 of title 5, United 
States Code, immediately prior to such appointment.
    Sec. 403.\56\ Foreign Service Schedule.--The President 
shall establish a Foreign Service Schedule which shall consist 
of 9 salary classes and which shall apply to members of the 
Service who are citizens of the United States and for whom 
salary rates are not otherwise provided for by this chapter. 
The maximum salary rate for the highest class established under 
this section, which shall be designated class 1, may not exceed 
the maximum rate of basic pay prescribed for GS-15 of the 
General Schedule under section 5332 of title 5, United States 
Code. Salary rates established under this section shall be 
adjusted in accordance with section 5303 \57\ of title 5, 
United States Code.


          Note.--Executive Order 13182, December 23, 2000, 65 
        F.R. 82879, states:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                FOREIGN SERVICE SCHEDULE
                ------------------------------------------------------------------------------------------------------------------------
                         Step          Class 1    Class 2    Class 3    Class 4    Class 5    Class 6    Class 7    Class 8    Class 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 1..................    $79,710    $64,588    $52,335    $42,407    $34,362    $30,719    $27,462    $24,550    $21,947
                 2..................    $82,101     66,526     53,905     43,679     35,393     31,641     28,286     25,287     22,605
                 3..................     84,564     68,521     55,522     44,990     36,455     32,590     29,134     26,045     23,284
                 4..................     87,101     70,577     57,188     46,339     37,548     33,567     30,008     26,826     23,982
                 5..................     89,714     72,694     58,904     47,729     38,675     34,575     30,909     27,631     24,702
                 6..................     92,406     74,875     60,671     49,161     39,835     35,612     31,836     28,460     25,443
                 7..................     95,178     77,121     62,491     50,636     41,030     36,680     32,791     29,314     26,206
                 8..................     98,033     79,435     64,365     52,155     42,261     37,780     33,775     30,193     26,992
                 9..................    100,974     81,818     66,296     53,720     43,529     38,914     34,788     31,099     27,802
                 10.................    103,623     84,273     68,285     55,332     44,835     40,081     35,832     32,032     28,636
                 11.................    103,623     86,801     70,334     56,991     46,180     41,284     36,907     32,993     29,495
                 12.................    103,623     89,405     72,444     58,701     47,565     42,522     38,014     33,983     30,380
                 13.................    103,623     92,087     74,617     60,462     48,992     43,798     39,154     35,002     31,291
                 14.................    103,623     94,850     76,856     62,276     50,462     45,112     40,329     36,053     32,230
--------------------------------------------------------------------------------------------------------------------------------------------------------



      
    Sec. 404.\58\ Assignment to a Salary Class.--(a) The 
Secretary shall assign all Foreign Service officers and Foreign 
Service personnel (other than Foreign Service personnel who are 
paid in accordance with section 407 or \59\ section 408) to 
appropriate salary classes in the Foreign Service Schedule.
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    \56\ 22 U.S.C. 3963. Sec. 2403(d)(2) of this Act stated that ``For 
the purposes of implementing section 2101, sections 402(a) and 403 
shall be effective as of the date of enactment of this Act.'' (Oct. 17, 
1980).
    \57\ Sec. 101(b)(1) of the Treasury, Postal Service and General 
Government Appropriations Act, 1991 (Public Law 101-509; 104 Stat. 
1439), struck out ``subchapter I of chapter 53'' and inserted in lieu 
thereof ``section 5303''.
    \58\ 22 U.S.C. 3964.
    \59\ Sec. 180(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), struck 
out ``who are family members of Government employees paid in accordance 
with a local compensation plan established under'' after ``section 407 
or''.
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    (b)(1) The salary class to which a member of the Service is 
assigned under this section shall not be affected by the 
assignment of the member to a position classified under chapter 
5.
    (2) Except as authorized by subchapter I of chapter 35 of 
title 5, United States Code, changes in the salary class of a 
member of the Senior Foreign Service or a member of the Service 
assigned to a salary class in the Foreign Service Schedule 
shall be made only in accordance with chapter 6. The Secretary 
shall prescribe regulations (which shall be consistent with the 
relevant provisions of subchapter VI of chapter 53 of title 5, 
United States Code, and with the regulations prescribed to 
carry out such provisions) providing for retention of pay by 
members of the Service in cases in which reduction-in-force 
procedures are applied.
    Sec. 405.\60\ Performance Pay.--(a) Subject to subsection 
(e), members \61\ of the Senior Foreign Service who are 
serving--
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    \60\ 22 U.S.C. 3965. Sec. 173 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 412), provided the following:
    ``SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY.
    ``(a) Prohibition on Awards.--Notwithstanding any other provision 
of law, the Secretary of State may not award or pay performance 
payments for fiscal years 1994 and 1995 under section 405 of the 
Foreign Service Act of 1980 (22 U.S.C. 3965), unless the Secretary 
awards or pays performance awards to other Federal employees for such 
fiscal years.
    ``(b) Awards in Subsequent Fiscal Years.--The Secretary may not 
make a performance award or payment in any fiscal year after a fiscal 
year referred to in subsection (a) for the purpose of providing an 
individual with a performance award or payment to which the individual 
would otherwise have been entitled in a fiscal year referred to in such 
subsection but for the prohibition described in such subsection.
    ``(c) Application to USIA, AID, and ACDA.--Subsections (a) and (b) 
shall apply to the United States Information Agency, the Agency for 
International Development, and the Arms Control and Disarmament Agency 
in the same manner as such subsections apply to the Department of 
State, except that the Director of the United States Information 
Agency, the Administrator of the Agency for International Development, 
and the Director of the Arms Control and Disarmament Agency shall be 
subject to the limitations and authority of the Secretary of State 
under subsections (a) and (b) for their respective agencies.
    ``(d) Amendment to Foreign Service Act of 1980.--* * *''.
    \61\ Sec. 2311(a)(1) of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-826) struck out ``Members'' and inserted in 
lieu thereof ``Subject to subsection (e), members''.
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          (1) under career or career candidate appointments, or
          (2) under limited appointments with reemployment 
        rights under section 310 as career appointees in the 
        Senior Executive Service,
shall be eligible to compete for performance pay in accordance 
with this section. Performance pay shall be paid in a lump sum 
and shall be in addition to the basic salary prescribed under 
section 402 and any other award. The fact that a member of the 
Senior Foreign Service competing for performance pay would, as 
a result of the payment of such performance pay, receive 
compensation exceeding the compensation of any other member of 
the Service shall not preclude the award or its payment.
    (b) Awards of performance pay shall take into account the 
criteria established by the Office of Personnel Management for 
performance awards under section 5384 of title 5, United States 
Code, and rank awards under section 4507 of title 5, United 
States Code. Awards of performance pay under this section shall 
be subject to the following limitations:
          (1) Not more than 33 \62\ percent of the members of 
        the Senior Foreign Service may receive performance pay 
        in any fiscal year.
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    \62\ Sec. 323 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2001 and 2001 (enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536), 
struck out ``50'' and inserted in lieu thereof ``33''.
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          (2) Except as provided in paragraph (3), performance 
        pay for a member of the Senior Foreign Service may not 
        exceed 20 percent of the annual rate of basic salary 
        for that member.
          (3) Not more than 6 percent of the members of the 
        Senior Foreign Service may receive performance pay in 
        any fiscal year in an amount which exceeds the 
        percentage limitation specified in paragraph (2). 
        Payments under this paragraph to a member of the Senior 
        Foreign Service may not exceed $10,000 in any fiscal 
        year, except that payments of up to $20,000 in any 
        fiscal year may be made under this paragraph to up to 1 
        percent of the members of the Senior Foreign Service.
          (4) \63\ Any award under this section shall be 
        subject to the limitation on certain payments under 
        section 5307 of title 5, United States Code.
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    \63\ Sec. 173(d) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 412), amended and 
restated para. (b)(4). It previously read as follows:
    ``(4) The total amount of basic salary plus performance pay 
received in any fiscal year by any member of the Senior Foreign Service 
may not exceed the salary payable for level I of the Executive Schedule 
under section 5312 of title 5, United States Code, as in effect at the 
end of that fiscal year. Any amount which is not paid to a member of 
the Senior Foreign Service during a fiscal year because of this 
limitation shall be paid to that individual in a lump sum at the 
beginning of the following fiscal year. Any amount paid under this 
authority during a fiscal year shall be taken into account for purposes 
of applying the limitation in the first sentence of this subparagraph 
with respect to such fiscal year.''.
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          (5) \64\ The Secretary of State shall prescribe 
        regulations, consistent with section 5582 of title 5, 
        United States Code, under which payment under this 
        section shall be made in the case of any individual 
        whose death precludes payment under paragraph (4) of 
        this subsection.
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    \64\ Paragraph (5) was added by sec. 175(b)(2) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1361).
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    (c) The Secretary shall determine the amount of performance 
pay available under subsection (b)(2) each year for 
distribution among the members of the Senior Foreign Service 
and shall distribute performance pay to particular individuals 
on the basis of recommendations by selection boards established 
under section 602.
    (d) The President may grant awards of performance pay under 
subsection (b)(3) on the basis of annual recommendations by the 
Secretary of State of members of the Senior Foreign Service who 
are nominated by their agencies as having performed especially 
meritorious or distinguished service. Such service in the 
promotion of internationally recognized human rights, including 
the right to freedom of religion, shall serve as a basis for 
granting awards under this section.\65\ Recommendations by the 
Secretary of State under this subsection shall be made on the 
basis of recommendations by special interagency selection 
boards established by the Secretary of State for the purpose of 
reviewing and evaluating the nominations of agencies.
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    \65\ Sec. 504(a) of the International Religious Freedom Act of 1998 
(Public Law 105-292; 112 Stat. 2811) inserted `` Such service in the 
promotion of internationally recognized human rights, including the 
right to freedom of religion, shall serve as a basis for granting 
awards under this section.''.
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    (e) \66\ Notwithstanding any other provision of law, the 
Secretary of State may provide for recognition of the 
meritorious or distinguished service of any member of the 
Foreign Service described in subsection (a) (including any 
member of the Senior Foreign Service) by means other than an 
award of performance pay in lieu of making such an award under 
this section.
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    \66\ Sec. 2311(a)(2) of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-826) added subsec. (e).
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    Sec. 406.\67\ Within-Class Salary Increases.--(a) Any 
member of the Service receiving a salary under the Foreign 
Service Schedule shall be advanced to the next higher salary 
step in the member's class at the beginning of the first 
applicable pay period following the completion by that member 
of a period of--
---------------------------------------------------------------------------
    \67\ 22 U.S.C. 3966.
---------------------------------------------------------------------------
          (1) 52 calendar weeks of service in each of salary 
        steps 1 through 9, and
          (2) 104 calendar weeks of service in each of salary 
        steps 10 through 13,
unless the performance of the member during that period is 
found in a review by a selection board established under 
section 602 to fall below the standards of performance for his 
or her salary class.
    (b) The Secretary may grant, on the basis of especially 
meritorious service, to any member of the Service receiving an 
increase in salary under subsection (a), an additional salary 
increase to any higher step in the salary class in which the 
member is serving.
    Sec. 407.\68\ Salaries for Foreign Service Personnel Abroad 
Who Perform Routine Duties.--(a) The Secretary may establish 
salary rates at rates lower than those established for the 
Foreign Service Schedule for the Foreign Service personnel 
described in subsection (b). The rates established under this 
subsection may be no less than the then applicable minimum wage 
rate specified in section 6(a)(1) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206(a)(1)).
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    \68\ 22 U.S.C. 3967.
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    (b) The Secretary may pay Foreign Service personnel who are 
recruited abroad, who are not available or are not qualified 
for assignment to another Foreign Service post, and who perform 
duties of a more routine nature than are generally performed by 
Foreign Service personnel assigned to class 9 in the Foreign 
Service Schedule, in accordance with the salary rates 
established under subsection (a).
    Sec. 408.\69\ Local Compensation Plans.--(a)(1) The 
Secretary shall establish compensation (including position 
classification) plans for foreign national employees of the 
Service and United States citizens employed under section 
311(c)(1).\70\ To the extent consistent with the public 
interest, each compensation plan shall be based upon prevailing 
wage rates and compensation practices (including participation 
in local social security plans) for corresponding types of 
positions in the locality of employment, except that such 
compensation plans shall provide for payment of wages to United 
States citizens \71\ at a rate which is no less than the then 
applicable minimum wage rate specified in section 6(a)(1) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). Any 
compensation plan established under this section may include 
provision for \72\ programs for voluntary transfers of such 
leave and voluntary leave banks, which shall, to the extent 
practicable, be established in a manner consistent with the 
provisions of subchapters III and IV, respectively, of chapter 
63 of title 5, United States Code, and (C) payments by the 
Government and \73\ employees to a trust or other fund in a 
financial institution in order to finance future benefits for 
\73\ employees, including provision for retention in the fund 
of accumulated interest for the benefit of covered \73\ 
employees.\74\ For United States citizens under a compensation 
plan, the Secretary shall (A) provide such citizens with a 
total compensation package (including wages, allowances, 
benefits, and other employer payments, such as for social 
security) that has the equivalent cost to that received by 
foreign national employees occupying a similar position at that 
post and (B) define those allowances and benefits provided 
under United States law which shall be included as part of the 
total compensation package,\75\ notwithstanding any other 
provision of law, except that this section shall not be used to 
override United States minimum wage requirements, or any 
provision of the Social Security Act or the Internal Revenue 
Code.\76\
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    \69\ 22 U.S.C. 3968.
    \70\ Sec. 180(a)(4)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), 
replaced the first sentence in subsec. (a)(1), which had provided: 
``The Secretary shall establish compensation (including position 
classification) plans for foreign national employees of the Service, 
United States citizens employed in the Service abroad who were hired 
while residing abroad, and for United States citizens employed in the 
Service abroad who are family members of Government employees.''.
    \71\ Sec. 180(a)(4)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), struck 
out ``employed in the Service abroad who were hired while residing 
abroad and to those family members of Government employees who are paid 
in accordance with such plans'' at this point.
    \72\ Sec. 322(1) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``(A) leaves of absence with pay for employees 
in accordance with prevailing law and employment practices in the 
locality of employment without regard to any limitation contained in 
section 6310 of title 5, United States Code, (B)'' at this point.
    \73\ Sec. 180(a)(4)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), struck 
out ``foreign national'' before ``employees'' at four points in the 
third sentence of subsec. (a)(1).
    \74\ Sec. 127(a) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1026) added the 
clause designation ``(A)'' and the text of clause (B). Subsequently, 
sec. 148 of the Foreign Relations Authorization Act, Fiscal Years 1992 
and 1993 (Public Law 102-138; 105 Stat. 670), redesignated (B) as (C), 
and inserted a new clause (B).
    \75\ Sec. 322(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``this total compensation package'' and 
inserted in lieu thereof ``the total compensation package''.
    \76\ Sec. 180(a)(4)(D) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 415), added 
the last sentence to subsec. (a)(1).
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    (2) The Secretary may make supplemental payments to any 
civil service annuitant who is a former foreign national 
employee of the Service (or who is receiving an annuity as a 
survivor of a former foreign national employee of the Service) 
in order to offset exchange rate losses, if the annuity being 
paid such annuitant is based on--
          (A) a salary that was fixed in a foreign currency 
        that has appreciated in value in terms of the United 
        States dollar; and
          (B) service in a country in which (as determined by 
        the Secretary) the average retirement benefits being 
        received by individuals who retire from competitive 
        local organizations are superior to the local currency 
        value of civil service annuities plus any other 
        retirement benefits payable to foreign national 
        employees who retired during similar time periods and 
        after comparable careers with the Government.
    (3) \77\ (A) Whenever a foreign national employee so elects 
during a one-year period established by the Secretary of State 
with respect to each post abroad, the Secretary of the treasury 
(at the direction of the Secretary of State) shall transfer 
such employee's interest in the Civil Service Retirement and 
Disability Fund to a trust or other local retirement plan 
certified by the United State Government under a local 
compensation plan established for foreign national employees 
pursuant to this section (excluding local social security 
plans).
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    \77\ Sec. 141(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 35), added par. (3).
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    (B) For purposes of subparagraph (A), the phrase 
``employee's interest in the Civil Service Retirement and 
Disability Fund'' means the total contributions of the employee 
and the employing agency with respect to such employee, 
pursuant to sections 8331(8) and 8334(a)(1) of title 5, United 
States Code, respectively, plus interest at the rate provided 
in section 8334(e)(3) of such title.
    (C) Any such transfer shall void any annuity rights or 
entitlement to lump-sum credit under subchapter III of chapter 
83 of such title.
    (b) For the purpose of performing functions abroad, any 
agency or other Government establishment (including any 
establishment in the legislative or judicial branch) may 
administer employment programs for its employees who are 
foreign nationals, are United States citizens employed in the 
Service abroad who were hired while residing abroad,\78\ or are 
family members of Government employees assigned abroad, in 
accordance with the applicable provisions of this Act.
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    \78\ Sec. 152(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 672), inserted ``, 
are United States citizens employed in the Service abroad who were 
hired while residing abroad,'' after ``foreign nationals''.
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    (c) The Secretary of State may prescribe regulations 
governing the establishment and administration of local 
compensation plans under this section by all agencies and other 
Government establishments.
    Sec. 409.\79\ Salaries of Consular Agents.--The Secretary 
of State shall establish the salary rate for each consular 
agent. Such salary rate shall be established after taking into 
account the workload of the consular agency and the prevailing 
wage rates in the locality where the agency is located, except 
that, in the case of a consular agent who is a citizen of the 
United States, the salary rate may not be less than the then 
applicable minimum wage rate specified in section 6(a)(1) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
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    \79\ 22 U.S.C. 3969.
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    Sec. 410.\80\ Compensation for Imprisoned Foreign National 
Employees.--(a) The head of any agency or other Government 
establishment (including any in the legislative or judicial 
branch) may compensate any current or former foreign national 
employee, or any foreign national who is or was employed under 
a personal services contract, who is or has been imprisoned by 
a foreign government if the Secretary of State (or, in the case 
of a foreign national employed by the Central Intelligence 
Agency, the Director of Central Intelligence) determines that 
such imprisonment is the result of the employment of the 
foreign national by the United States. Such compensation may 
not exceed the amount that the agency head determines 
approximates the salary and other benefits to which the foreign 
national would have been entitled had he or she been employed 
during the period of such imprisonment. Such compensation may 
be paid under such terms and conditions as the Secretary of 
State deems appropriate. For purposes of this section, an 
agency head shall have the same powers with respect to 
imprisoned foreign nationals who are or were employed by the 
agency as an agency head has under subchapter VII of chapter 55 
of title 5, United States Code, to the extent that such powers 
are consistent with this section.
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    \80\ 22 U.S.C. 3970.
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    (b) Any period of imprisonment of a current or former 
foreign national employee which is compensable under this 
section shall be considered for purposes of any other employee 
benefit to be a period of employment by the Government, except 
that a period of imprisonment shall not be creditable--
          (1) for purposes of subchapter III of chapter 83 of 
        title 5, United States Code, unless it is expressly 
        creditable under that subchapter; or
          (2) for purposes of subchapter I of chapter 81 of 
        title 5, United States Code, unless the individual was 
        employed by the Government at the time of his or her 
        imprisonment.
    (c) No compensation or other benefit shall be awarded under 
this section unless a claim therefor is filed within 3 years 
after--
          (1) the termination of the period of imprisonment 
        giving rise to the claim, or
          (2) the date of the claimant's first opportunity 
        thereafter to file such a claim, as determined by the 
        appropriate agency head.
    (d) The Secretary of State may prescribe regulations 
governing payments under this section by all agencies and other 
Government establishments.
    Sec. 411.\81\ Temporary Service as Principal Officer.--For 
such time (in excess of such minimum period as the Secretary of 
State may establish) as any member of the Service is 
temporarily in charge of a Foreign Service post during the 
absence or incapacity of the principal officer, that member 
shall receive, in addition to the basic salary paid to the 
member and notwithstanding sections 5535 and 5536 of title 5, 
United States Code, an amount equal to that portion (which the 
Secretary of State may determine to be appropriate) of the 
difference between such salary and the basic salary provided 
for the principal officer, or, if there is no principal 
officer, for the former principal officer.
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    \81\ 22 U.S.C. 3971.
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    Sec. 412.\82\ Special Differentials.--(a) The Secretary may 
pay special differentials, in addition to compensation 
otherwise authorized, to Foreign Service officers who are 
required because of the nature of their assignments to perform 
additional work on a regular basis in substantial excess of 
normal requirements.
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    \82\ 22 U.S.C. 3972.
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    (b) \83\ * * * [Repealed--1994]
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    \83\ Sec. 139(6) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398) repealed 
subsec. (b), which had required:
    ``(b) Before implementing any proposal to limit either the number 
of Foreign Service officers who may receive a special differential 
under subsection (a) or the amounts of such special differentials, the 
Secretary shall submit such proposal to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives.''.
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    (c) Nothing in this Act, or in subchapter V of chapter 55 
of title 5, United States Code, shall preclude the granting of 
compensatory time off for Foreign Service officers.
    Sec. 413.\84\ Death Gratuity.--(a) The Secretary may 
provide for payment of a gratuity to the surviving dependents 
of any Foreign Service employee who dies as a result of 
injuries sustained in the performance of duty abroad, in an 
amount equal to one year's salary at the time of death. Any 
death gratuity payment made under this section shall be held to 
have been a gift and shall be in addition to any other benefit 
payable from any source.
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    \84\ 22 U.S.C. 3973.
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    (b) A death gratuity payment shall be made under this 
section only if the survivor entitled to payment under 
subsection (c) is entitled to elect monthly compensation under 
section 8133 of title 5, United States Code, because the death 
resulted from an injury (excluding a disease proximately caused 
by the employment) sustained in the performance of duty, 
without regard to whether such survivor elects to waive 
compensation under such section 8133.
    (c) A death gratuity payment under this section shall be 
made as follows:
          (1) First, to the widow or widower.
          (2) Second, to the child, or children in equal 
        shares, if there is no widow or widower.
          (3) Third, to the dependent parent, or dependent 
        parents in equal shares, if there is no widow, widower, 
        or child.
If there is no survivor entitled to payment under this 
subsection, no payment shall be made.
    (d) As used in this section--
          (1) the term ``Foreign Service employee'' means any 
        member of the Service or United States representative 
        to an international organization or commission; and
          (2) each of the terms ``widow'', ``widower'', 
        ``child'', and ``parent'' shall have the same meaning 
        given each such term by section 8101 of title 5, United 
        States Code.

SEC. 414.\85\ BORDER EQUALIZATION PAY ADJUSTMENT.

    (a) In General.--An employee who regularly commutes from 
the employee's place of residence in the continental United 
States to an official duty station in Canada or Mexico shall 
receive a border equalization pay adjustment equal to the 
amount of comparability payments under section 5304 of title 5, 
United States Code, that the employee would receive if the 
employee were assigned to an official duty station within the 
United States locality pay area closest to the employee's 
official duty station.
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    \85\ 22 U.S.C. 3974. Added by sec. 333(a) of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2001 and 2001 (enacted by reference in sec. 1000(a)(7) of Public Law 
106-113; 113 Stat. 1536).
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    (b) Employee Defined.--For purposes of this section, the 
term ``employee'' means a person who--
          (1) is an ``employee'' as defined under section 2105 
        of title 5, United States Code; and
          (2) is employed by the Department of State, the 
        United States Agency for International Development, or 
        the International Joint Commission of the United States 
        and Canada (established under Article VII of the treaty 
        signed January 11, 1909) (36 Stat. 2448), except that 
        the term shall not include members of the Service (as 
        specified in section 103).
    (c) Treatment as Basic Pay.--An equalization pay adjustment 
paid under this section shall be considered to be part of basic 
pay for the same purposes for which comparability payments are 
considered to be part of basic pay under section 5304 of title 
5, United States Code.
    (d) Regulations.--The heads of the agencies referred to in 
subsection (b)(2) may prescribe regulations to carry out this 
section.

         Chapter 5--Classification of Positions and Assignments

    Sec. 501.\86\ Classification of Positions.--The Secretary 
shall designate and classify positions in the Department and at 
Foreign Service posts which are to be occupied by members of 
the Service (other than by chiefs of mission and ambassadors at 
large). Positions designated under this section are excepted 
from the competitive service. Position classifications under 
this section shall be established, without regard to chapter 51 
of title 5, United States Code, in relation to the salaries 
established under chapter 4. In classifying positions at 
Foreign Service posts abroad, the Secretary shall give 
appropriate weight to job factors relating to service abroad 
and to the compensation practices applicable to United States 
citizens employed abroad by United States corporations.
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    \86\ 22 U.S.C. 3981.
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    Sec. 502.\87\ Assignments to Foreign Service Positions.--
(a)(1) The Secretary (with the concurrence of the agency 
concerned) may assign a member of the Service to any position 
classified under section 501 in which that member is eligible 
to serve (other than as chief of mission or ambassador at 
large), and may assign a member from one such position to 
another such position as the needs of the Service may require.
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    \87\ 22 U.S.C. 3982.
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    (2) In making assignments under paragraph (1), the 
Secretary shall assure that a member of the Service is not 
assigned to a position at a post in a particular geographic 
area exclusively on the basis of the race, ethnicity, or 
religion of that member.
    (b) Positions designated as Foreign Service positions 
normally shall be filled by the assignment of members of the 
Service to those positions. Subject to that limitation--
          (1) Foreign Service positions may be filled by the 
        assignment for specified tours of duty of employees of 
        the Department and, under interagency agreements, 
        employees of other agencies; and
          (2) Senior Foreign Service positions may also be 
        filled by other members of the Service.
    (c) The President may assign a career member of the Service 
to serve as charge d'affaires or otherwise as the head of a 
mission (or as the head of a United States office abroad which 
is designated under section 102(a)(3) by the Secretary of State 
as diplomatic in nature) for such period as the public interest 
may require.
    (d) \88\ The Secretary of State, in conjunction with the 
heads of the other agencies utilizing the Foreign Service 
personnel system, shall implement policies and procedures to 
insure that Foreign Service officers and members of the Senior 
Foreign Service of all agencies are able to compete for chief 
of mission positions and have opportunities on an equal basis 
to compete for assignments outside their areas of 
specialization.
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    \88\ Sec. 130(b) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1027) added 
subsec. (d).
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    Sec. 503.\89\ Assignments to Agencies, International 
Organizations, and Other Bodies.--(a) The Secretary may (with 
the concurrence of the agency, organization, or other body 
concerned) assign a member of the Service for duty--
---------------------------------------------------------------------------
    \89\ 22 U.S.C. 3983.
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          (1) in a non-Foreign Service (including Senior 
        Executive Service) position in the Department or 
        another agency, or with an international organization, 
        international commission, or other international body;
          (2) with a domestic or international trade, labor, 
        agricultural, scientific, or other conference, 
        congress, or gathering;
          (3) for special instruction, training, or orientation 
        at or with a public or private organization; and
          (4) in the United States (or in any territory or 
        possession of the United States or in the Commonwealth 
        of Puerto Rico), with a State or local government, a 
        public or private nonprofit organization (including an 
        educational institution), or a Member or office of the 
        Congress.
    (b)(1) The salary of a member of the Service assigned under 
this section shall be the higher of the salary which that 
member would receive but for the assignment under this section 
or the salary of the position to which that member is assigned.
    (2) The salary of a member of the Service assigned under 
this section shall be paid from appropriations made available 
for the payment of salaries and expenses of the Service. Such 
appropriations may be reimbursed for all or any part of the 
costs of salaries and other benefits for members assigned under 
this section.
    (3) A member of the Service assigned under subsection 
(a)(4) to a Member or office of the Congress shall be deemed to 
be an employee of the House of Representatives or the Senate, 
as the case may be, for purposes of payment of travel and other 
expenses.
    (c) Assignments under this section may not exceed four 
years of continuous service for any member of the Service 
unless the Secretary approves an extension of such period for 
that member because of special circumstances.
    Sec. 504.\90\ Service in the United States and Abroad.--(a) 
Career members of the Service shall be obligated to serve 
abroad and shall be expected to serve abroad for substantial 
portions of their careers. The Secretary shall establish by 
regulation limitations upon assignments of members of the 
Service within the United States. A member of the Service may 
not be assigned to duty within the United States for any period 
of continuous service exceeding eight years unless the 
Secretary approves an extension of such period for that member 
because of special circumstances.
---------------------------------------------------------------------------
    \90\ 22 U.S.C. 3984.
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    (b) Consistent with the needs of the Service, the Secretary 
shall seek to assign each career member of the Service who is a 
citizen of the United States (other than those employed in 
accordance with section 311) \91\ to duty within the United 
States at least once during each period of fifteen years that 
the member is in the Service.
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    \91\ Sec. 180(a)(5) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416) inserted 
``(other than those employed in accordance with section 311)'' after 
``citizen of the United States''.
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    (c) The Secretary may grant a sabbatical to a career member 
of the Senior Foreign Service for not to exceed eleven months 
in order to permit the member to engage in study or 
uncompensated work experience which will contribute to the 
development and effectiveness of the member. A sabbatical may 
be granted under this subsection under conditions specified by 
the Secretary in light of the provisions of section 3396(c) of 
title 5, United States Code, which apply to sabbaticals granted 
to members of the Senior Executive Service.
    Sec. 505.\92\ Temporary Details.--A period of duty of not 
more than six months in duration by a member of the Service 
shall be considered a temporary detail and shall not be 
considered an assignment within the meaning of this chapter.
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    \92\ 22 U.S.C. 3985.
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                   Chapter 6--Promotion and Retention

    Sec. 601.\93\ Promotions.--(a) Career members of the Senior 
Foreign Service are promoted by appointment under section 
302(a) to a higher salary class in the Senior Foreign Service. 
Members of the Senior Foreign Service serving under career 
candidate appointments or noncareer appointments are promoted 
by appointment under section 303 to a higher salary class in 
the Senior Foreign Service. Foreign Service officers, and 
Foreign Service personnel who are assigned to a class in the 
Foreign Service Schedule, are promoted by appointment under 
section 302(a) as career members of the Senior Foreign Service 
or by assignment under section 404 to a higher salary class in 
the Foreign Service Schedule.
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    \93\ 22 U.S.C. 4001. See also sec. 163 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 47); and sec. 155 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 675), 
relating to foreign language training and promotions in the Foreign 
Service.
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    (b) Except as provided in section 606(a), promotions of--
          (1) members of the Senior Foreign Service, and
          (2) members of the Service assigned to a salary class 
        in the Foreign Service Schedule (including promotions 
        of such members into the Senior Foreign Service).
shall be based upon the recommendations and rankings of 
selection boards established under section 602, except that the 
Secretary may by regulation specify categories of career 
members,\94\ categories of career candidates, and other members 
of the Service \94\ assigned to salary classes in the Foreign 
Service Schedule who may receive promotions on the basis of 
satisfactory performance.
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    \94\ Sec. 180(a)(6) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416), struck 
out ``and'' after ``career members,'' and inserted ``and other members 
of the Service'' after ``career candidates''.
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    (c)(1) Promotions into the Senior Foreign Service shall be 
recommended by selection boards only from among career members 
of the Service assigned to class 1 in the Foreign Service 
Schedule who request that they be considered for promotion into 
the Senior Foreign Service. The Secretary shall prescribe the 
length of the period after such a request is made (within any 
applicable time in class limitation established under section 
607(a)) during which such members may be considered by 
selection boards for entry into the Senior Foreign Service. A 
request by a member for consideration for promotion into the 
Senior Foreign Service under this subsection may be withdrawn 
by the member, but if it is withdrawn, that member may not 
thereafter request consideration for promotion into the Senior 
Foreign Service.
    (2) Decisions by the Secretary on the numbers of 
individuals to be promoted into and retained in the Senior 
Foreign Service shall be based upon a systematic long-term 
projection of personnel flows and needs designed to provide--
          (A) a regular, predictable flow of recruitment in the 
        Service;
          (B) effective career development patterns to meet the 
        needs of the Service; and
          (C) a regular, predictable flow of talent upward 
        through the ranks and into the Senior Foreign Service.
    (3) The affidavit requirements of sections 3332 and 3333(a) 
of title 5, United States Code, shall not apply with respect to 
a member of the Service who has previously complied with those 
requirements and who subsequently is promoted by appointment to 
any class in the Senior Foreign Service without a break in 
service.
    (4) \95\ Not later than March 1, 2001, and every four years 
thereafter, the Secretary of State shall submit a report to the 
Speaker of the House of Representatives and to the Committee on 
Foreign Relations of the Senate which shall include the 
following:
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    \95\ Paragraph (4) was amended and restated by sec. 326 of the 
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2001 and 2001 (enacted by reference in sec. 
1000(a)(7) of Public Law 106-113; 113 Stat. 1536). As added by sec. 
185(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989 (Public Law 100-204; 101 Stat. 1366), the para. formerly read 
as follows:
    ``(4) Not later than March 1 of each year, the Secretary of State 
shall submit a report to the Speaker of the House of Representatives 
and to the Committee on Foreign Relations of the Senate which shall--
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          ``(A) describe the steps taken and planned in furtherance 
        of--

                  ``(i) maximum compatibility among agencies utilizing 
                the Foreign Service personnel system, as provided for 
                in section 203, and
                  ``(ii) the development of uniform policies and 
                procedures and consolidated personnel functions, as 
                provided for in section 204;

          ``(B) specify the upper and lower limits planned by each such 
        agency for recruitment, advancement, and retention of members 
        of the Service, as provided for in section 601(c)(2), 
        including, with respect to each of the relevant promotion 
        competition groups, the projected ranges of rates of 
        appointment, promotion, and attrition over each of the next 5 
        fiscal years, as well as a comparison of such projections with 
        the projections for the preceding year and with actual rates of 
        appointment, promotion, and attrition, including a full 
        explanation of any deviations from projections reported in the 
        preceding year; and
          ``(C) specify the numbers of members of the Service who are 
        assigned to positions classified under section 501 which are 
        more than one grade higher or lower than the personal rank of 
        the member.''.
          (A) A description of the steps taken and planned in 
        furtherance of--
                  (i) maximum compatibility among agencies 
                utilizing the Foreign Service personnel system, 
                as provided for in section 203, and
                  (ii) the development of uniform policies and 
                procedures and consolidated personnel 
                functions, as provided for in section 204.
          (B) A workforce plan for the subsequent five years, 
        including projected personnel needs, by grade and by 
        skill. Each such plan shall include for each category 
        the needs for foreign language proficiency, geographic 
        and functional expertise, and specialist technical 
        skills. Each workforce plan shall specifically account 
        for the training needs of Foreign Service personnel and 
        shall delineate an intake program of generalist and 
        specialist Foreign Service personnel to meet projected 
        future requirements.
          (5) \96\ If there are substantial modifications to 
        any workforce plan under paragraph (4)(B) during any 
        year in which a report under paragraph (4) is not 
        required, a supplemental annual notification shall be 
        submitted in the same manner as reports are required to 
        be submitted under paragraph (4).
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    \96\ Added by sec. 326 of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536).
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    Sec. 602.\97\ Selection Boards.--(a) The Secretary shall 
establish selection boards to evaluate the performance of 
members of the Senior Foreign Service and members of the 
Service assigned to a salary class in the Foreign Service 
Schedule. Selection boards shall, in accordance with precepts 
prescribed by the Secretary, rank the members of a salary class 
on the basis of relative performance and may make 
recommendations for--
---------------------------------------------------------------------------
    \97\ 22 U.S.C. 4002.
---------------------------------------------------------------------------
          (1) promotions in accordance with section 601;
          (2) awards of performance pay under section 405(c);
          (3) denials of within-class step increases under 
        section 406(a);
          (4) offer or renewal of limited career extensions 
        under section 607(b); and
          (5) such other actions as the Secretary may prescribe 
        by regulation.
    (b) All selection boards established under this section 
shall include public members. The Secretary shall assure that a 
substantial number of women and members of minority groups are 
appointed to each selection board established under this 
section.
    (c) \98\ No public members appointed pursuant to this 
section may be, at the time of the appointment or during their 
appointment, an agent of a foreign principal (as defined by 
section 1(b) of the Foreign Agents Registration Act of 1938) or 
a lobbyist for a foreign entity (as defined in section 3(6) of 
the Lobbying Disclosure Act of 1995) \99\ or receive income 
from a government of a foreign country.
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    \98\ Sec. 142 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), added subsec. 
(c).
    \99\ Sec. 12(c) of Public Law 104-65 (109 Stat. 701) added ``or a 
lobbyist for a foreign entity (as defined in section 3(6) of the 
Lobbying Disclosure Act of 1995)''.
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    Sec. 603.\100\ Basis for Selection Board Review.--(a) 
Recommendations and rankings by selection boards shall be based 
upon records of the character, ability, conduct, quality of 
work, industry, experience, dependability, usefulness, and 
general performance of members of the Service. Such records may 
include reports prepared by or on behalf of the Inspector 
General of the Department of State and the Foreign Service, 
performance evaluation reports of supervisors, records of 
commendations, reports of language test scores from the Foreign 
Service Institute, awards, reprimands, and other disciplinary 
actions, and (with respect to members of the Senior Foreign 
Service) records of current and prospective assignments.
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    \100\ 22 U.S.C. 4003.
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    (b) Precepts for selection boards shall include a 
description of the needs of the Service for performance 
requirements, skills, and qualities, which are to be considered 
in recommendations for promotion. The precepts for selection 
boards responsible for recommending promotions into and within 
the Senior Foreign Service shall emphasize performance which 
demonstrates the strong policy formulation capabilities, 
executive leadership qualities, and highly developed functional 
and area expertise, which are required for the Senior Foreign 
Service.
    Sec. 604.\101\ Records.--(a) \102\ The records described in 
section 603(a) shall be maintained in accordance with 
regulations prescribed by the Secretary. Except to the extent 
that they pertain to the receipt, disbursement, and accounting 
for public funds, such records shall be confidential and 
subject to inspection only by the President, the Secretary, 
such employees of the Government as may be authorized by law or 
assigned by the Secretary to work on such records, the 
legislative and appropriations committees of the Congress 
charged with considering legislation and appropriations for the 
Service, and representatives duly authorized by such 
committees. Access to such records relating to a member of the 
Service shall be granted to such member, upon written request.
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    \101\ 22 U.S.C. 4004.
    \102\ Sec. 327(a)(1) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``Confidentiality of Records'' and inserted in 
lieu thereof ``Records.--(a)''.
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    (b) \103\ Notwithstanding subsection (a), any record of 
disciplinary action that includes a suspension of more than 
five days taken against a member of the Service, including any 
correction of that record under section 1107(b)(1), shall 
remain a part of the personnel records until the member is 
tenured as a career member of the Service or next promoted.
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    \103\ Sec. 327(a)(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added a new subsec. (b), applicable ``to all disciplinary 
actions initiated on or after the date of enactment of this Act'' 
[November 29, 1999], pursuant to sec. 327(b).
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    Sec. 605.\104\ Implementation of Selection Board 
Recommendations.--(a) Recommendations for promotion made by 
selection boards shall be submitted to the Secretary in rank 
order by salary class or in rank order by specialization within 
a salary class. The Secretary shall make promotions and, with 
respect to career appointments into or within the Senior 
Foreign Service, shall make recommendations to the President 
for promotions, in accordance with the rankings of the 
selection boards.
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    \104\ 22 U.S.C. 4005.
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    (b) Notwithstanding subsection (a), in special 
circumstances set forth by regulation, the Secretary may remove 
the name of an individual from the rank order list submitted by 
a selection board or delay the promotion of an individual named 
in such a list.
    Sec. 606.\105\ Other Bases for Increasing Pay.--(a) The 
Secretary may pursuant to a recommendation of the Foreign 
Service Grievance Board, an equal employment opportunity 
appeals examiner, or the Special Counsel of the Merit Systems 
Protection Board, and shall pursuant to a decision or order of 
the Merit Systems Protection Board--
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    \105\ 22 U.S.C. 4006.
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          (1) recommend to the President a promotion of a 
        member of the Service under section 302(a);
          (2) promote a member of the Service under section 
        303;
          (3) grant performance pay to a member of the Senior 
        Foreign Service under section 405(c); or
          (4) grant a within-class salary increase under 
        section 406 to a member of the Service who is assigned 
        to a salary class in the Foreign Service Schedule.
    (b) In implementing subsection (a) of this section and in 
cases in which the Secretary has exercised the authority of 
section 605(b), the Secretary may, in special circumstances set 
forth by regulation, make retroactive promotions, grant 
performance pay, make retroactive within-class salary 
increases, and recommend retroactive promotions by the 
President.
    Sec. 607.\106\ Retirement for Expiration of Time in 
Class.--(a)(1) The Secretary shall, by regulation, establish 
maximum time in class limitations for--
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    \106\ 22 U.S.C. 4007.
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          (A) career members of the Senior Foreign Service,
          (B) Foreign Service officers, and
          (C) other career members of the Service who are in 
        such occupational categories as may be designated by 
        the Secretary and who are assigned to salary classes in 
        the Foreign Service Schedule to which Foreign Service 
        officers may also be assigned.
    (2) Maximum time in class limitations under this subsection 
(which may not be less than 3 years for career members of the 
Senior Foreign Service) may apply with respect to the time a 
member may remain in a single salary class or in a combination 
of salary classes.
    (3) The Secretary may, by regulation, increase or decrease 
any maximum time in class established under this subsection as 
the needs of the Service may require. If maximum time in class 
is decreased, the Secretary shall provide any member of the 
Service who is in a category and salary class subject to the 
new time in class limitation an opportunity to remain in class 
(notwithstanding the new limitations) for a period which is at 
least as long as the shorter of--
          (A) the period which the member would have been 
        permitted to remain in class but for the decrease in 
        maximum time in class, or
          (B) such minimum period as the Secretary determines 
        is necessary to provide members of the Service who are 
        in the same category and salary class as that member a 
        reasonable opportunity to be promoted into the next 
        higher class or combination of classes, as the case may 
        be.
    (b) members of the Service whose maximum time in class 
under subsection (a) expires--
          (1) after they have attained the highest salary class 
        for their respective occupational categories, or
          (2) in the case of members of the Senior Foreign 
        Service, while they are in salary classes designated by 
        the Secretary,
may continue to serve only under limited extensions of their 
career appointment. Such limited extensions may not exceed 5 
years in duration and may be granted and renewed by the 
Secretary in accordance with the recommendations of selection 
boards established under section 602. Members of the Service 
serving under such limited career extensions shall continue to 
be career members of the Service.
    (c) Any member of the Service--
          (1) whose maximum time in class under subsection (a) 
        expires and who is not promoted to a higher class or 
        combination of classes, as the case may be, or
          (2) whose limited career extension under subsection 
        (b) expires and is not renewed,
shall be retired from the Service and receive benefits in 
accordance with section 609, subject to any career extension 
under subsection (d) of this section.
    (d) Notwithstanding any other provision of this section--
          (1) the career appointment of a member of the Service 
        whose maximum time in class under subsection (a) 
        expires, or whose limited career extension under 
        subsection (b) expires, while that member is occupying 
        a position to which he or she was appointed by the 
        President, by and with the advice and consent of the 
        Senate, shall be extended until the appointment to that 
        position is terminated; and
          (2) If the Secretary determines it to be in the 
        public interest, the Secretary may extend temporarily 
        the career appointment of a career member of the 
        Service whose maximum time in class or limited career 
        extension expires, but in no case may any extension 
        under this paragraph exceed one year and such 
        extensions may be granted only in special 
        circumstances.
    Sec. 608.\107\ Retirement Based on Relative Performance.--
(a) The Secretary shall prescribe regulations concerning the 
standards of performance to be met by career members of the 
Service who are citizens of the United States. Whenever a 
selection board review indicates that the performance of such a 
career member of the Service may not meet the standards of 
performance for his or her class, the Secretary shall provide 
for administrative review of the performance of the member. The 
review shall include an opportunity for the member to be heard.
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    \107\ 22 U.S.C. 4008.
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    (b) In any case where the administrative review conducted 
under subsection (a) substantiates that a career member of the 
Service has failed to meet the standards of performance for his 
or her class, the member shall be retired from the Service and 
receive benefits in accordance with section 609.
    Sec. 609.\108\ Retirement Benefits.--(a) A member of the 
Service--
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    \108\ 22 U.S.C. 4009.
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          (1) who is retired under section 607(c)(2); or
          (2) who is retired under section 607(c)(1) or 608(b) 
        or 611-- \109\
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    \109\ Sec. 181(a)(3)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), 
inserted ``or 611''.
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                  (A) after becoming eligible for voluntary 
                retirement under section 811 or any other 
                applicable provision of chapter 84 of title 5, 
                United States Code,,\110\ or
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    \110\ Sec. 2312(a)(1) of the Foreign Relations Authorization Act 
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-827) inserted ``or any other applicable 
provision of chapter 84 of title 5, United States Code,'' after 
``section 811'' (resulting in a double comma).
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                  (B) from the Senior Foreign Service or while 
                assigned to class 1 in the Foreign Service 
                Schedule,
shall receive retirement benefits in accordance with section 
806 or section 855, as appropriate.\111\
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    \111\ Sec. 2312(a)(2) of the Foreign Relations Authorization Act 
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-827) added ``or section 855, as 
appropriate'' after ``section 806''. The amendment made by Public Law 
105-277 is effective, with respect to any actions taken under section 
611, on or after January 1, 1996, pursuant to sec. 2312(c)(2) of that 
Act.
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    (b) Any member of the Service (other than a member to whom 
subsection (a) applies) who is retired under section 607(c)(1) 
or 608(b) or 611 \112\ shall receive--
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    \112\ Sec. 181(a)(3)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417) inserted 
``or 611''.
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          (1) one-twelfth of a year's salary at his or her then 
        current salary rate for each year of service and 
        proportionately for a fraction of a year, but not 
        exceeding a total of one year's salary at his or her 
        then current salary rate, payable without interest from 
        the Foreign Service Retirement and Disability Fund in 3 
        equal installments, such installments to be paid on 
        January 1 of each of the first 3 calendar years 
        beginning after the retirement of the member (except 
        that in special cases, the Secretary of State may 
        accelerate or combine such installments); and
          (2) \113\ (A) for those participants in the Foreign 
        Service Retirement and Disability System, a refund as 
        provided in section 815 of the contributions made by 
        the members to the Foreign Service Retirement and 
        Disability Fund, except that in lieu of such refund a 
        member who has at least 5 years of service credit 
        toward retirement under the Foreign Service Retirement 
        and Disability System (excluding military and naval 
        service) may elect to receive an annuity, computed 
        under section 806, commencing at age 60; and (B) for 
        those participants in the Foreign Service Pension 
        System, benefits as provided in section 851.\114\
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    \113\ Sec. 2312(a)(3)(A) of the Foreign Relations Authorization Act 
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-827) struck out para. designation 
``(2)''and inserted in lieu ``(2)(A) for those participants in the 
Foreign Service Retirement and Disability System,''. The amendment made 
by Public Law 105-277 is effective, with respect to any actions taken 
under section 611, on or after January 1, 1996, pursuant to sec. 
2312(c)(2) of that Act.
    \114\ Sec. 2312(a)(3)(B) of the Foreign Relations Authorization Act 
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-827) inserted ``; and (B) for those 
participants in the Foreign Service Pension System, benefits as 
provided in section 851''. The amendment made by Public Law 105-277 is 
effective, with respect to any actions taken under section 611, on or 
after January 1, 1996, pursuant to sec. 2312(c)(2) of that Act.
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In the event that a member of the Service has elected to 
receive retirement benefits under paragraph (2) and dies before 
reaching age 60 (for participants in the Foreign Service 
Retirement and Disability System) or age 62 (for participants 
in the Foreign Service Pension System),\115\ his or her death 
shall be considered a death in service within the meaning of 
section 809.
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    \115\ Sec. 2312(a)(4) of the Foreign Relations Authorization Act 
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-827) inserted ``(for participants in the 
Foreign Service Retirement and Disability System) or age 62 (for 
participants in the Foreign Service Pension System)'' after ``age 60''.
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    Sec. 610.\116\ Separation for Cause.--(a)(1) The Secretary 
may separate any member from the Service for such cause as will 
promote the efficiency of the Service.
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    \116\ 22 U.S.C. 4010.
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    (2) Except in the case of an individual who has been 
convicted of a crime for which a sentence of imprisonment of 
more than 1 year may be imposed, a member \117\ of the Service 
(other than a United States citizen employed under section 311 
and who is not a family member) \118\ who is a member of the 
Senior Foreign Service or is assigned to a salary class in the 
Foreign Service Schedule and who either (A) is serving under a 
career appointment, or (B) if separation is to be by reason of 
misconduct, is serving under a limited appointment, shall not 
be separated from the Service under this section until the 
member has been granted a hearing before the Foreign Service 
Grievance Board and the cause for separation established at 
such hearing, unless the member waives in writing the right to 
a hearing or, notwithstanding section 1106(8) of this Act, 
unless the member has been convicted of a crime related to the 
cause for separation, subject to reinstatement with back pay 
(for any period during which separation for cause had not been 
established by such a hearing) if such conviction is reversed 
on appeal.\119\ If such cause is not established at such 
hearing, the Grievance Board shall have the authority to direct 
the Department to pay reasonable attorneys fees to the extent 
and in the manner provided by section 1107(b)(5) of this 
Act.\120\ The hearing provided under this paragraph shall be in 
accordance with the hearing procedures applicable to grievances 
under section 1106 and shall be in lieu of any other 
administrative procedure authorized or required by this or any 
other law. Section 1110 shall apply to proceedings under this 
paragraph.\121\
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    \117\ Sec. 2313 of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-827) struck out ``A member'' and inserted in 
lieu thereof ``Except in the case of an individual who has been 
convicted of a crime for which a sentence of imprisonment of more than 
1 year may be imposed, a member''.
    \118\ Sec. 1(h)(2) of Public Law 103-415 (108 Stat. 4300) inserted 
the parenthetical text after ``A member of the Service''.
    \119\ Sec. 143(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), inserted 
the end of this sentence, beginning with ``or, notwithstanding section 
1106(8)''.
    \120\ This sentence was added by sec. 181(d) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1364). Sec. 181(e) of the same Act provided that the 
amendment not apply with respect to any grievance in which the Board 
has issued a final decision pursuant to sec. 1107 of the Foreign 
Service Act of 1980 before its enactment.
    \121\ Sec. 143(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), added 
the last sentence to subsec. (a)(2).
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    (3) \122\ Notwithstanding the hearing required by this 
section, or procedures under any other provision of law, where 
a member has been convicted of a crime \123\ for which a 
sentence of imprisonment may be imposed, and there is a nexus 
to the efficiency of the Service, the Secretary, or his 
designee, may suspend such member without pay pending final 
resolution of the underlying matter, subject to reinstatement 
with back pay if cause for separation is not established in a 
hearing before the Board.
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    \122\ Section 586(b) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1252) added para. (3), (4), and (5).
    \123\ Sec. 143(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck 
out ``there is reasonable cause to believe that a members has committed 
a crime'', and inserted in lieu thereof ``a member has been convicted 
of a crime''.
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    (4) \122\ Any member suspended pursuant to subsection 
(a)(3) of this section shall be entitled to--
          (A) advance written notice of the specific reasons 
        for such suspension; \124\
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    \124\ Sec. 143(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck 
out ``suspension, including the grounds for reasonable cause to believe 
a crime has been committed'', and inserted in lieu thereof 
``suspension''.
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          (B) a reasonable time, not less than seven days, to 
        answer orally and in writing;
          (C) be represented by an attorney or other 
        representative; and
          (D) a final written decision.
    (5) \122\ Any member suspended pursuant to subsection 
(a)(3) of this section shall be entitled to grieve such action 
in accordance with procedures applicable to grievances under 
chapter 11. The Board review, however, shall be limited only to 
a determination of whether the conviction requirements of 
subsection (a)(3) have been fulfilled,\125\ and whether there 
is a nexus between the conduct and the efficiency of the 
Service.
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    \125\ Sec. 143(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck 
out ``there exists reasonable cause to believe a crime has been 
committed for which a sentence of imprisonment may be imposed'', and 
inserted in lieu thereof ``the conviction requirements of subsection 
(a)(3) have been fulfilled''.
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    (6) \126\ Notwithstanding the hearing required by paragraph 
(2), at the time the Secretary recommends that a member of the 
Service be separated for cause, that member shall be placed on 
leave without pay pending final resolution of the underlying 
matter, subject to reinstatement with back pay if cause for 
separation is not established in a hearing before the Board.
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    \126\ Sec. 328 of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added para. (6).
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    (b) Any participant in the Foreign Service Retirement and 
Disability System who is separated under subsection (a) shall 
be entitled to receive a refund as provided in section 815 of 
the contributions made by the participant to the Foreign 
Service Retirement and Disability Fund. Except in cases where 
the Secretary determines that separation was based in whole or 
in part on the ground of disloyalty to the United States, a 
participant who has at least 5 years of service credit toward 
retirement under the Foreign Service Retirement and Disability 
System (excluding military and naval service) may elect, in 
lieu of such refund, to an annuity, computed under section 806, 
commencing at age 60.
    Sec. 611.\127\ Reductions in Force.--(a) The Secretary may 
conduct reductions in force and shall prescribe regulations for 
the separation of members of the Service holding a career or 
career candidate appointment under chapter 3 of this Act, under 
such reductions in force which give due effect to the 
following:
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    \127\ 22 U.S.C. 4010a. Sec. 181(a)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 417), added sec. 611 (with a subsequent technical amendment in 
sec. 1(ii) of Public Law 103-415 (108 Stat. 4303)) to make the section 
heading conform with the rest of the Act). Former secs. 611, 612, and 
613 were redesignated as secs. 612, 613, and 614, respectively, by sec. 
181(a)(1) of that Act.
    Sec. 179 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 108 Stat. 415), provided the 
following:
    ``SEC. 179. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN 
MEMBERS OF THE FOREIGN SERVICE.
    ``(a) Referral System.--Certain members of the Foreign Service (as 
described in subsection (b)), may participate in the Office of 
Personnel Management's Interagency Placement programs or any successor 
program. Such members of the Foreign Service shall be treated in the 
same manner as employees participating in such a program as of the 
effective date of this Act.
    ``(b) Certain Members of the Foreign Service.--For purposes of this 
section, the term `members of the Foreign Service' means any individual 
holding a career or career candidate appointment under chapter 3 of the 
Foreign Service Act of 1980.''.
    Sec. 181(c) of Public Law 103-236 (108 Stat. 418) provided:
    ``(c) Consultation.--The Secretary of State (or in the case of any 
other agency authorized by law to utilize the Foreign Service personnel 
system), the head of that agency [sic] shall consult with the Director 
of the Office of Personnel Management before prescribing regulations 
for reductions in force under section 611 of the Foreign Service Act of 
1980 (as added by subsection (a) of this section), and shall publish 
such regulations.''.
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          (1) Organizational changes.
          (2) Documented employee knowledge, skills, or 
        competencies.
          (3) Tenure of employment.
          (4) Documented employee performance.
          (5) Military preference, subject to section 
        3501(a)(3) of title 5, United States Code.
    (b) The provisions of section 609 shall be applicable to 
any member of the Service holding a career or career candidate 
appointment under chapter 3 of this Act, who is separated under 
the provisions of this section.
    (c) An employee against whom action is taken under this 
section may elect either to file a grievance under chapter 11 
or to appeal to the Merit Systems Protection Board under 
procedures prescribed by the Board. Grievances under chapter 11 
shall be limited to cases of reprisal, interference in the 
conduct of an employee's official duties, or similarly 
inappropriate use of the authority of this section.
    Sec. 612.\128\ Termination of Limited Appointments.--Except 
as provided in section 610(a)(2), the Secretary may terminate 
at any time the appointment of any member of the Service 
serving under a limited appointment who is in the Senior 
Foreign Service, who is assigned to a salary class in the 
Foreign Service Schedule or who is paid in accordance with 
section 407 or is a United States citizen paid under a 
compensation plan under section 408.\129\
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    \128\ 22 U.S.C. 4011. Redesignated from sec. 611 by sec. 181(a)(1) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 416).
    \129\ Sec. 180(a)(7) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416), struck 
out ``, or who is a family member of a Government employee serving 
under a local compensation plan established under section 408.'' after 
``Foreign Service Schedule'' and inserted in lieu thereof ``or who is 
paid in accordance with section 407 or is a United States citizen paid 
under a compensation plan under section 408.''.
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    Sec. 613.\130\ Termination of Appointments of Consular 
Agents and Foreign National Employees.--(a) The Secretary of 
State may terminate at any time the appointment of any consular 
agent in light of the criteria and procedures normally followed 
in the locality in similar circumstances.
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    \130\ 22 U.S.C. 4012. Redesignated from sec. 612 by sec. 181(a)(1) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 416). See also sec. 151 of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 
102-138; 105 Stat. 672; 22 U.S.C. 4012a), relating to separation pay 
for foreign national employees.
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    (b) The Secretary may terminate at any time the appointment 
of any foreign national employee in light of the criteria and 
procedures normally followed in the locality in similar 
circumstances.
    Sec. 614.\131\ Foreign Service Awards.--The President shall 
establish a system of awards to confer appropriate recognition 
of outstanding contributions to the Nation by members of the 
Service. The awards system established under this section shall 
provide for presentation by the President and by the Secretary 
of medals or other suitable commendations for performance in 
the course of or beyond the call of duty which involves 
distinguished, meritorious service to the Nation, including 
extraordinary valor in the face of danger to life or health. 
Distinguished, meritorious service in the promotion of 
internationally recognized human rights, including the right to 
freedom of religion, shall serve as a basis for granting awards 
under this section.\132\
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    \131\ 22 U.S.C. 4013. Redesignated from sec. 614 by sec. 181(a)(1) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 416).
    \132\ Sec. 504(b) of the International Religious Freedom Act of 
1998 (Public Law 105(292; 112 Stat. 2811) added this sentence.
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     Chapter 7--Career Development, Training, and Orientation \133\

    Sec. 701.\134\ Institution for Training .--(a) \135\ 
Institution or Center for Training.--The Secretary of State 
shall maintain and operate an institution or center for 
training (hereinafter in this chapter referred to as the 
``institution''),\136\ originally established under section 701 
of the Foreign Service Act of 1946, in order to promote career 
development within the Service and to provide necessary 
training and instruction in the field of foreign relations to 
members of the Service and to employees of the Department and 
of other agencies. The institution \137\ shall be headed by a 
Director, who shall be appointed by the Secretary of State.
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    \133\ Sec. 126(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) struck 
out ``Foreign Service Institute,'' preceding ``Career Development'' in 
the chapter title.
    \134\ 22 U.S.C. 4021. Sec. 126(2)(A) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 393), struck out ``Foreign Service Institute'' as the section 
title and inserted in lieu thereof ``Institute for Training.''. Sec. 
1(y) of Public Law 103-415 (108 Stat. 4302) made a similar amendment.
    See also secs. 191 and 192 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), relating to 
foreign language competence and foreign language resources coordinator.
    \135\ Sec. 126(2)(B)(i) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) amended 
subsection (a) ``by striking the subsection heading and inserting 
`Institution or Center for Training'''. Subsec. (a), however, did not 
have a heading to strike.
    \136\ Sec. 126(2)(B)(ii) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) 
struck out ``the Foreign Service Institute (hereinafter in this chapter 
referred to as the `Institute')'', and inserted in lieu thereof ``an 
institution or center for training (hereinafter in this chapter 
referred to as the `institution')''.
    \137\ Sec. 126(2)(B)(iii) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) 
struck out ``Institute'' and inserted in lieu thereof ``institution''.
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    (b) To the extent practicable, the Secretary of State shall 
provide training under this chapter which meets the needs of 
all agencies, and other agencies shall avoid duplicating the 
facilities and training provided by the Secretary of State 
through the institution \138\ and otherwise.
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    \138\ Sec. 126(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 394), struck 
out ``Foreign Service Institute'' and ``Institute'' each place such 
terms appeared and inserted ``institution'' in secs. 701(b), 702, 704, 
705, and 707.
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    (c) \139\ Training and instruction may be provided at the 
Institute \140\ for not to exceed sixty citizens of the Trust 
Territory of the Pacific Islands in order to prepare them to 
serve as members of the foreign services of the Federated 
States of Micronesia, the Marshall Islands, and Palau. The 
authority of this subsection shall expire when the Compact of 
Free Association is approved by the Congress.
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    \139\ Sec. 126 of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1026) added subsec. 
(c).
    \140\ As enrolled. Should probably read ``institution''.
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    (d) \141\ (1) The Secretary of State is authorized to 
provide for special professional foreign affairs training and 
instruction of employees of foreign governments through the 
institution.
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    \141\ Sec. 126(2)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 393) added 
subsec. (d).
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    (2) Training and instruction under paragraph (1) shall be 
on a reimbursable or advance-of-funds basis. Such 
reimbursements or advances to the Department of State may be 
provided by an agency of the United States Government or by a 
foreign government and shall be credited to the currently 
available applicable appropriation account.
    (3) In making such training available to employees of 
foreign governments, priority consideration should be given to 
officials of newly emerging democratic nations and then to such 
other countries as the Secretary determines to be in the 
national interest of the United States.
    (e) \142\ (1) The Secretary may provide appropriate 
training or related services, except foreign language training, 
through the institution to any United States person (or any 
employee or family member thereof) that is engaged in business 
abroad.
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    \142\ Sec. 2205(a)(1) of the Foreign Relations Authorization Act 
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-808) redesignated the para. (4) of subsec. 
(d) as subsec. (g) and added new subsecs. (e) and (f). Sec. 2205(a)(2) 
and (3) of that Act, however, further provided the following:
    ``(2) Effective date.--The amendments made by paragraph (1) shall 
take effect on October 1, 1998.
    ``(3) Termination of pilot program.--Effective October 1, 2002, 
section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021), as 
amended by this subsection, is further amended--
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          ``(A) by striking subsections (e) and (f); and
          ``(B) by redesignating subsection (g) as paragraph (4) of 
        subsection (d).''.
    (2) The Secretary may provide job-related training or 
related services, including foreign language training, through 
the institution to a United States person under contract to 
provide services to the United States Government or to any 
employee thereof that is performing such services.
    (3) Training under this subsection may be provided only to 
the extent that space is available and only on a reimbursable 
or advance-of-funds basis. Reimbursements and advances shall be 
credited to the currently available applicable appropriation 
account.
    (4) Training and related services 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.
    (5) In this subsection, the term `United States person' 
means--
          (A) any individual who is a citizen or national of 
        the United States; or
          (B) any corporation, company, partnership, 
        association, or other legal entity that is 50 percent 
        or more beneficially owned by citizens or nationals of 
        the United States.
    (f)(1) The Secretary is authorized to provide, on a 
reimbursable basis, training programs to Members of Congress or 
the Judiciary.
    (2) Employees of the legislative branch and employees of 
the judicial branch may participate, on a reimbursable basis, 
in training programs offered by the institution.
    (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.''.
    (g) \142\ The authorities of section 704 shall apply to 
training and instruction provided under this section.
    Sec. 702.\143\ Foreign Language Requirements.--(a) The 
Secretary shall establish foreign language proficiency 
requirements for members of the Service who are to be assigned 
abroad in order that Foreign Service posts abroad will be 
staffed by individuals having a useful knowledge of the 
language or dialect common to the country in which the post is 
located.
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    \143\ 22 U.S.C. 4022.
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    (b) The Secretary of State shall arrange for appropriate 
language training of members of the Service by the institution 
\138\ or otherwise in order to assist in meeting the 
requirements established under subsection (a).
    (c) \144\ Not later than March 31 of each year, the 
Director General of the Foreign Service shall submit a report 
to the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of 
Representatives summarizing the number of positions in each 
overseas mission requiring foreign language competence that--
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    \144\ Sec. 208(a) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added subsec. (c).
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          (1) became vacant during the previous calendar year; 
        and
          (2) were filled by individuals having the required 
        foreign language competence.
    Sec. 703.\145\ Career Development.--(a) The Secretary shall 
establish a professional development program to assure that 
members of the Service obtain the skills and knowledge required 
at the various stages of their careers. With regard to Foreign 
Service officers, primary attention shall be given to training 
for career candidate officers and for midcareer officers, both 
after achieving tenure and as they approach eligibility for 
entry to the Senior Foreign Service, to enhance and broaden 
their qualifications for more senior levels of responsibility 
in the Service. Training for other members of the Service shall 
emphasize programs designed to enhance their particular skills 
and expert knowledge, including development of the management 
skills appropriate to their occupational categories.
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    \145\ 22 U.S.C. 4023.
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    (b) Junior Foreign Service officer training shall be 
directed primarily toward providing expert knowledge in the 
basic functions of analysis and reporting as well as in 
consular, administrative, and linguistic skills relevant to the 
full range of future job assignments. Midcareer training shall 
be directed primarily toward development and perfection of 
management, functional, negotiating, and policy development 
skills to prepare the officers progressively for more senior 
levels of responsibility.
    (c) At each stage the program of professional development 
should be designed to provide members of the Service with the 
opportunity to acquire skills and knowledge relevant to clearly 
established professional standards of expected performance. 
Career candidates should satisfactorily complete candidate 
training prior to attainment of career status. Members of the 
Service should satisfactorily complete midcareer training 
before appointment to the Senior Foreign Service.
    (d) In formulating programs under this section, the 
Secretary should establish a system to provide, insofar as 
possible, credit toward university degrees for successful 
completion of courses comparable to graduate-level, university 
courses.
    (e) Training provided under this section shall be conducted 
by the Department and by other governmental and nongovernmental 
institutions as the Secretary may consider appropriate.
    (f) \146\ * * * [Repealed--1987]
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    \146\ Subsec. (f) was repealed by sec. 185(c) of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1366). It required that the Secretary of State 
report annually on the status of the professional development program.
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    Sec. 704.\147\ Training Authorities.--(a) In the exercise 
of functions under this chapter, the Secretary of State may--
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    \147\ 22 U.S.C. 4024.
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          (1) provide for the general nature of the training 
        and instruction to be furnished by the 
        institution,\138\ including functional and geographic 
        area specializations;
          (2) correlate training and instruction furnished by 
        the institution \138\ with courses given at other 
        Government institutions and at private institutions 
        which furnish training and instruction useful in the 
        field of foreign affairs;
          (3) encourage and foster programs complementary to 
        those furnished by the institution,\138\ including 
        through grants and other gratuitous assistance to 
        nonprofit institutions cooperating in any of the 
        programs under this chapter;
          (4)(A) employ in accordance with the civil service 
        laws such personnel as may be necessary to carry out 
        the provisions of this chapter, and
          (B) if and to the extent determined to be necessary 
        by the Secretary of State, obtain without regard to the 
        provisions of law governing appointments in the 
        competitive service, by appointment or contract 
        (subject to the availability of appropriations), the 
        services of individuals to serve as language 
        instructors, linguists, and other academic and training 
        specialists (including, in the absence of suitably 
        qualified United States citizens, qualified individuals 
        who are not citizens of the United States); and
          (5) acquire such real and personal property and 
        equipment as may be necessary for the establishment, 
        maintenance, and operation of the facilities necessary 
        to carry out the provisions of this chapter without 
        regard to section 3709 of the Revised Statutes of the 
        United States (41 U.S.C. 5) and section 302 of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 252).
    (b) In furtherance of the objectives of this Act, the 
Secretary may--
          (1) pay the tuition and other expenses of members of 
        the Service and employees of the Department who are 
        assigned or detailed in accordance with law for special 
        instruction or training, including orientation, 
        language, and career development training;
          (2) pay the salary (excluding premium pay or any 
        special differential under section 412) \148\ of 
        members of the Service selected and assigned for 
        training; and
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    \148\ Sec. 125(1) of Public Law 97-241 (96 Stat. 281) struck 
``411'' and inserted in lieu thereof ``412''.
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          (3) provide special monetary or other incentives to 
        encourage members of the Service to acquire or retain 
        proficiency in foreign languages or special abilities 
        needed in the Service.
    (c) The Secretary may provide to family members of members 
of the Service or of employees of the Department or other 
agencies, in anticipation of their assignment abroad or while 
abroad--
          (1) appropriate orientation and language training; 
        and
          (2) functional training for anticipated prospective 
        employment under section 311.
    (d) \149\ (1) Before a United States citizen employee 
(other than a diplomatic or consular officer of the United 
States) may be designated by the Secretary of State, pursuant 
to regulation, to perform a consular function abroad, the 
United States citizen employee shall--
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    \149\ Sec. 2222(f) of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-819) added subsec. (d).
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          (A) be required to complete successfully a program of 
        training essentially equivalent to the training that a 
        consular officer who is a member of the Foreign Service 
        would receive for purposes of performing such function; 
        and
          (B) be certified by an appropriate official of the 
        Department of State to be qualified by knowledge and 
        experience to perform such function.
    (2) As used in this subsection, the term ``consular 
function'' includes the issuance of visas, the performance of 
notarial and other legalization functions, the adjudication of 
passport applications, the adjudication of nationality, and the 
issuance of citizenship documentation.
    Sec. 705.\150\ Training Grants.--(a) To facilitate training 
provided to members of families of Government employees under 
this chapter, the Secretary may make grants (by advance payment 
or by reimbursement) to family members attending approved 
programs of study. No such grant may exceed the amount actually 
expended for necessary costs incurred in conjunction with such 
attendance.
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    \150\ 22 U.S.C. 4025.
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    (b) If a member of the Service who is assigned abroad, or a 
member of his or her family, is unable to participate in 
language training furnished by the Government through the 
institution \138\ or otherwise, the Secretary may compensate 
that individual for all or part of the costs of language 
training, related to the assignment abroad, which is undertaken 
at a public or private institution.
    Sec. 706.\151\ Career Counseling.--(a) In order to 
facilitate their transition from the Service, the Secretary may 
provide (by contract or otherwise, subject to the availability 
of appropriations) professional career counseling, advice, and 
placement assistance to members of the Service, and to former 
members of the Service who were assigned to receive counseling 
and assistance under this subsection before they were separated 
from the Service, other than those separated for cause. Career 
counseling and related services provided pursuant to this Act 
shall not be construed to permit an assignment that consists 
primarily of paid time to conduct a job search and without 
other substantive duties for more than one month.\152\
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    \151\ 22 U.S.C. 4026.
    \152\ Sec. 2314(a) of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-827) added the sentence that begins ``Career 
counseling and related...''. The amendment is effective 180 days after 
the date of enactment [Oct. 21, 1998], pursuant to sec. 2314(b).
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    (b)(1) The Secretary may facilitate the employment of 
spouses of members of the Service by--
          (A) providing regular career counseling for such 
        spouses;
          (B) maintaining a centralized system for cataloging 
        their skills and the various governmental and 
        nongovernmental employment opportunities available to 
        them; and
          (C) otherwise assisting them in obtaining employment.
    (2) The Secretary shall establish a family liaison office 
to carry out this subsection and such other functions as the 
Secretary may determine.
    Sec. 707.\153\ Visiting Scholars Program.
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    \153\ 22 U.S.C. 4027. Sec. 144 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 36), added sec. 707.
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    (a) Establishment of Program.--There is authorized to be 
established at the institution \138\ a program whereby selected 
scholars would participate fully in the educational and 
training activities of the institution.\138\ This program may 
be referred to as the ``Visiting Scholars Program''.
    (b) Selection and Appointment of Scholars.--
          (1) Scholars participating in the Visiting Scholars 
        Program shall be selected by a five-member board 
        described in subsection (c).
          (2) Each visiting scholar shall serve a term of one 
        year, except that such term may be extended for one 
        additional one-year period.
    (c) Establishment of Selection Board.--The board referred 
to in subsection (b) shall be composed of the director of the 
institution,\138\ who shall serve as chairperson, and four 
other members appointed by the Secretary of State.

SEC. 708.\154\ TRAINING FOR FOREIGN SERVICE OFFICERS.
    (a) \155\ The Secretary of State, with the assistance of 
other relevant officials, such as the Ambassador at Large for 
International Religious Freedom appointed under section 101(b) 
of the International Religious Freedom Act of 1998 and the 
director of the National Foreign Affairs Training Center, shall 
establish as part of the standard training provided after 
January 1, 1999, for officers of the Service, including chiefs 
of mission, instruction in the field of internationally 
recognized human rights. Such training shall include--
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    \154\ 22 U.S.C. 4028. Sec. 104 of the International Religious 
Freedom Act of 1998 (Public Law 105-292; 112 Stat. 2795) added sec. 
708.
    \155\ Sec. 602(b) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2812) inserted ``(a)'' before ``The 
Secretary'', and added subsec. (b).
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          (1) instruction on international documents and United 
        States policy in human rights, which shall be mandatory 
        for all members of the Service having reporting 
        responsibilities relating to human rights and for 
        chiefs of mission; and
          (2) instruction on the internationally recognized 
        right to freedom of religion, the nature, activities, 
        and beliefs of different religions, and the various 
        aspects and manifestations of violations of religious 
        freedom.
    (b) \155\ The Secretary of State shall provide sessions on 
refugee law and adjudications and on religious persecution to 
each individual seeking a commission as a United States 
consular officer. The Secretary shall also ensure that any 
member of the Service who is assigned to a position that may be 
called upon to assess requests for consideration for refugee 
admissions, including any consular officer, has completed 
training on refugee law and refugee adjudications in addition 
to the training required in this section.

       Chapter 8--Foreign Service Retirement and Disability \156\

  subchapter i--foreign service retirement and disability system \157\
    Sec. 801.\158\ Administration of the System.--In accordance 
with such regulations as the President may prescribe, the 
Secretary of State shall administer the Foreign Service 
Retirement and Disability System (hereinafter in this 
subchapter \159\ referred to as the ``System''), originally 
established pursuant to section 18 of the Act of May 24, 1924 
(43 Stat. 144).
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    \156\ The Department of State Special Agents Retirement Act of 1998 
(Public Law 105-382; 112 Stat. 3406) made numerous amendments to this 
chapter. Section 4 of that Act (22 U.S.C. 4044 note), as amended, 
provides:
    ``SEC. 4. EFFECTIVE DATE; APPLICABILITY.
    ``(a) In General.--Except as provided in subsection (b), this Act 
and the amendments made by this Act--
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          ``(1) shall take effect on the date of the enactment of this 
        Act; and

                  ``(2) shall apply with respect to--
                    ``(A) any individual first appointed on or after 
                that date as a special agent who will have any portion 
                of such individual's annuity computed in conformance 
                with section 806(a)(6) of the Foreign Service Act; and
                    ``(B) any individual making an election under 
                subsection (b), subject to the provisions of such 
                subsection.
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    ``(b) Election for Current Participants.--
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          ``(1) Eligibility.--An election under this subsection may be 
        made by any currently employed participant or participant who 
        was serving as of January 1, 1997 under chapter 8 of the 
        Foreign Service Act of 1980 who is serving or has served as a 
        special agent, or by a survivor of a special agent who was 
        eligible to make an election under this section.
          ``(2) Effect of an election.--

                  ``(A) In general.--If an individual makes an election 
                under this subsection, the amendments made by this Act 
                shall become applicable with respect to such 
                individual, subject to subparagraph (B).
                    ``(B) Treatment of prior service.--
                      ``(i) Special contribution.--An individual may, 
                after making the election under this subsection, make a 
                special contribution up to the full amount of the 
                difference between the contributions actually deducted 
                from pay for prior service and the deductions that 
                would have been required if the amendments made by this 
                Act had then been in effect. Any special contributions 
                under this clause shall be computed under regulations 
                based on section 805(d) of the Foreign Service Act of 
                1980 (as amended by section 2), including provisions 
                relating to the computation of interest.
                      ``(ii) Actuarial reduction.--
                        ``(I) Rule if the special contribution is 
                paid.--If the full amount of the special contribution 
                under clause (i) is paid, no reduction under this 
                clause shall apply.
                        ``(II) Rule if less than the entire amount is 
                paid.--If no special contribution under clause (i) is 
                paid, or if less than the entire amount of such special 
                contribution is paid, the recomputed annuity shall be 
                reduced by an amount sufficient to make up the 
                actuarial present value of the shortfall.
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    ``(c) Regulations and Notice.--Not later than 6 months after the 
date of the enactment of this Act, the Secretary of State--
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          ``(1) shall promulgate such regulations as may be necessary 
        to carry out this Act; and
          ``(2) shall take measures reasonably designed to provide 
        notice to participants as to any rights they might have under 
        this Act.
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    ``(d) Election Deadline.--An election under subsection (b) must be 
made not later than 90 days after the date on which the relevant notice 
under subsection (c)(2) is provided.
    ``(e) Definition.--For purposes of this section, the term `special 
agent' has the meaning given such term under section 804(15) of the 
Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section 
2(a).''.
    \157\ See also the retained provisions of the Foreign Service 
Retirement Amendments of 1976. The heading for subchapter I was added 
by sec. 402(a)(1) of Public Law 99-335 (100 Stat. 609).
    \158\ 22 U.S.C. 4041.
    \159\ Section 402(a) and sec. 402(a)(2) of Public Law 99-335 (100 
Stat. 609), substituted the words ``this subchapter'' in lieu of ``this 
chapter'' throughout chapter 8, and inserted the words ``under this 
subchapter'' after ``payable from the Fund'' each time it appears.
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    Sec. 802.\160\ Maintenance of the Fund.--The Secretary of 
the Treasury shall maintain the special fund known as the 
Foreign Service Retirement and Disability Fund (hereinafter in 
this subchapter \159\ referred to as the ``Fund''), originally 
created by section 18 of the Act of May 24, 1924 (43 Stat. 
144).
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    \160\ 22 U.S.C. 4042.
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    Sec. 803.\161\ Participants.--(a) Except as provided in 
subsection (d),\162\ the following members of the Service 
(hereinafter in this subchapter \159\ referred to as 
``participants'') shall be entitled to the benefits of the 
System:
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    \161\ 22 U.S.C. 4043.
    \162\ The text of subsec. (a) to this point was added by sec. 
414(1) of Public Law 99-335 (100 Stat. 614).
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    (1) Every member who is serving under a career appointment 
or as a career candidate under section 306--
          (A) in the Senior Foreign Service, or
          (B) assigned to a salary class in the Foreign Service 
        Schedule.
    (2) Every chief of mission, who is not a participant under 
paragraph (1), who--
          (A) has served as chief of mission for an aggregate 
        period of 20 years or more, and
          (B) has paid into the Fund a special contribution for 
        each year of such service in accordance with section 
        805.
    (b) Any otherwise eligible member of the Service who is 
appointed to a position in the executive branch by the 
President, by and with the advice and consent of the Senate, or 
by the President alone, shall not by virtue of the acceptance 
of such appointment cease to be eligible to participate in the 
System.
    (c) In addition to the individuals who are participants in 
the System under subsection (a), any individual who was 
appointed as a Binational Center Grantee and who completed at 
least 5 years of satisfactory service as such a grantee or 
under any other appointment under the Foreign Service Act of 
1946 may become a participant in the System, and shall receive 
credit for such service if an appropriate special contribution 
is made to the Fund in accordance with section 805(d) or (f).
    (d) \163\ An individual subject to the Foreign Service 
Pension System (described in subchapter II) is not a 
participant in this System.
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    \163\ Subsec. (d) was added by sec. 414(2) of Public Law 99-335 
(100 Stat. 614).
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    Sec. 804.\164\ Definitions.--As used in this 
subchapter,\159\ unless otherwise specified, the term--
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    \164\ 22 U.S.C. 4044.
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          (1) ``annuitant'' means any individual, including a 
        former participant or survivor, who meets all 
        requirements for an annuity from the Fund under this or 
        any other Act and who has filed a claim for such 
        annuity;
          (2) ``child'' means an individual--
                  (A) who--
                          (i) is an offspring or adopted child 
                        of the participant,
                          (ii) is a stepchild or recognized 
                        natural child of the participant and 
                        who received more than one-half support 
                        from the participant, or
                          (iii) lived with the participant, for 
                        whom a petition of adoption was filed 
                        by the participant, and who is adopted 
                        by the surviving spouse of the 
                        participant after the death of the 
                        participant;
                  (B) who is unmarried; and
                  (C) who--
                          (i) is under the age of 18 years,
                          (ii) is a student under the age of 22 
                        years (for purposes of this clause, an 
                        individual whose 22d birthday occurs 
                        before July 1 or after August 31 of the 
                        calendar year in which that birthday 
                        occurs, and while the individual is a 
                        student, is deemed to become 22 years 
                        of age on the first July 1 which occurs 
                        after that birthday), or
                          (iii) is incapable of self-support 
                        because of a physical or mental 
                        disability which was incurred before 
                        the individual reached the age of 18 
                        years;
          (3) ``court'' means any court of any State, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, the Northern Mariana Islands, or the Virgin 
        Islands, and any Indian court as defined by section 
        201(3) of the Act entitled `An Act to prescribe 
        penalties for certain acts of violence or intimidation, 
        and for other purposes', approved April 11, 1968 (25 
        U.S.C. 1301(3); 82 Stat. 77); \165\
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    \165\ The text from this point to the end of subsec. (3) was 
substituted in lieu of the language ``of the District of Columbia'' by 
sec. 403 of Public Law 99-335 (100 Stat. 609).
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          (4) ``court order'' means any court decree of divorce 
        or annulment, or any court order or court approved 
        property settlement agreement incident to any court 
        decree of divorce or annulment;
          (5) ``Foreign Service normal cost'' means the level 
        percentage of payroll required to be deposited in the 
        Fund to meet the cost of benefits payable under the 
        System (computed in accordance with generally accepted 
        actuarial practice on an entry-age basis) less the 
        value of retirement benefits earned under another 
        retirement system for Government employees and less the 
        cost of credit allowed for military and naval service;
          (6) ``former spouse'' means a former wife or husband 
        of a participant or former participant who was married 
        to such participant for not less than 10 years during 
        periods of service by that participant which are 
        creditable under section 816;
          (7) ``Fund balance'' means the sum of--
                  (A) the investments of the Fund calculated at 
                par value, plus
                  (B) the cash balance of the Fund on the books 
                of the Treasury;
          (8) ``lump-sum credit'' means the compulsory and 
        special contributions to the credit of a participant or 
        former participant in the Fund plus interest on such 
        contributions at 4 percent a year compounded annually 
        to December 31, 1976, and after such date, for a 
        participant who separates from the Service after 
        completing at least 1 year of civilian service and 
        before completing 5 years of such service, at the rate 
        of 3 percent per year to the date of separation (except 
        that interest shall not be paid for a fractional part 
        of a month in the total service or on compulsory and 
        special contributions from an annuitant for recall 
        service or other service performed after the date of 
        separation which forms the basis for annuity);
          (9) ``military and naval service'' means honorable 
        active service--
                  (A) in the Armed Forces of the United States,
                  (B) in the Regular or Reserve Corps of the 
                Public Health Service after June 30, 1960, or
                  (C) as a commissioned officer of the National 
                Oceanic and Atmospheric Administration, or a 
                predecessor organization, after June 30, 1961.
        but does not include service in the National Guard 
        except when ordered to active duty in the service of 
        the United States;
          (10) ``pro rata share'', in the case of any former 
        spouse of any participant or former participant, means 
        a percentage which is equal to the percentage that (A) 
        the number of years during which the former spouse was 
        married to the participant during the creditable 
        service (creditable under subchapter I or II) \166\ of 
        that participant is of (B) the total number of years of 
        such creditable service (creditable under subchapter I 
        or II); \166\
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    \166\ The text in parentheses was added by sec. 404(a) of Public 
Law 99-335 (100 Stat. 610).
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          (11) ``spousal agreement'' means any written 
        agreement between--
                  (A) a participant or former participant; and
                  (B) his or her spouse or former spouse;
          (12) ``student'' means a child regularly pursuing a 
        full-time course of study or training in residence in a 
        high school, trade school, technical or vocational 
        institute, junior college, college, university, or 
        comparable recognized educational institution (for 
        purposes of this paragraph, a child who is a student 
        shall not be deemed to have ceased to be a student 
        during any period between school years, semesters, or 
        terms if the period of nonattendance does not exceed 5 
        calendar months and if the child shows to the 
        satisfaction of the Secretary of State that he or she 
        has a bona fide intention of continuing to pursue his 
        or her course of study during the school year, 
        semester, or term immediately following such period);
          (13) ``surviving spouse'' means the surviving wife or 
        husband of a participant or annuitant who \167\ was 
        married to the participant or annuitant for at least 9 
        months \168\ immediately preceding his or her death or 
        is a parent of a child born of the marriage,\169\ 
        except that the requirement for at least 9 months of 
        marriage shall be deemed satisfied in any case in which 
        the participant or annuitant dies within the applicable 
        9-month period, if--
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    \167\ Sec. 211(1) of Public Law 100-238 (101 Stat. 1773) struck out 
``, in the case of death in service or marriage after retirement,'' at 
this point.
    \168\ Sec. 211(2) of Public Law 100-238 (101 Stat. 1773) struck out 
``one year'' and inserted in lieu thereof ``9 months''.
    \169\ Sec. 211(3) of Public Law 100-238 (101 Stat. 1773) added text 
from this point to par. (14).
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                  (A) the death of such participant or 
                annuitant was accidental; or
                  (B) the surviving spouse of such individual 
                had been previously married to the individual 
                and subsequently divorced and the aggregate 
                time married is at least 9 months;
          (14) ``unfunded liability'' means the estimated 
        excess of the present value of all benefits payable 
        from the Fund over the sum of--
                  (A) the present value of deductions to be 
                withheld from the future basic salary of 
                participants and of future agency contributions 
                to be made on their behalf, plus
                  (B) the present value of Government payments 
                to the Fund under section 821, plus
                  (C) the Fund balance as of the date the 
                unfunded liability is determined; and
          (15) \170\ ``special agent'' means an employee of the 
        Department of State with a primary skill code of 2501--
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    \170\ Sec. 2(a)(1) of Public Law 105-382 (112 Stat. 3406) struck 
out ``and'' at the end of para. (13); replaced the period at the end of 
para. (14) with ``; and''; and added a new para. (15).
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                  (A) the duties of whose position--
                          (i) are primarily--
                                  (I) the investigation, 
                                apprehension, or detention of 
                                individuals suspected or 
                                convicted of offenses against 
                                the criminal laws of the United 
                                States; or
                                  (II) the protection of 
                                persons pursuant to section 
                                2709(a)(3) of title 22, United 
                                States Code, against threats to 
                                personal safety; and
                          (ii) are sufficiently rigorous that 
                        employment opportunities should be 
                        limited to young and physically 
                        vigorous individuals, as determined by 
                        the Secretary of State pursuant to 
                        section 4823 of title 22, United States 
                        Code;
                  (B) performing duties described in 
                subparagraph (A) before, on, or after the date 
                of the enactment of this paragraph; or
                  (C) transferred directly to a position which 
                is supervisory or administrative in nature 
                after performing duties described in 
                subparagraph (A) for at least 3 years.
    Sec. 805.\171\, \172\ Contributions to the 
Fund.--(a)(1) \173\ Except as otherwise provided in this 
section,\174\ 7 percent of the basic salary received by each 
participant shall be deducted from the salary and contributed 
to the Fund for the payment of annuities, cash benefits, 
refunds, and allowances. An equal amount shall be contributed 
by the Department from the appropriations or fund used for 
payment of the salary of the participant. The Department shall 
deposit in the Fund the amounts deducted and withheld from 
basic salary and the amounts contributed by the Department.
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    \171\ 22 U.S.C. 4045.
    \172\ Sec. 505(h) of the Department of Transportation and Related 
Agencies Appropriations Act, 2001 (H.R. 5394, enacted by reference in 
sec. 101(a) of Public Law 106-346; 114 Stat. 1356A-54), provided the 
following:
    ``(h) Foreign Service Retirement and Disability System.--
Notwithstanding any provision of section 805(a) of the Foreign Service 
Act of 1980 (22 U.S.C. 4045(a)), during the period beginning on October 
1, 2002, through December 31, 2002, each agency employing a participant 
in the Foreign Service Retirement and Disability System shall 
contribute to the Foreign Service Retirement and Disability Fund--
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          ``(1) 7.5 percent of the basic pay of each participant 
        covered under section 805(a)(1) of such Act participating in 
        the Foreign Service Retirement and Disability System; and
          ``(2) 8 percent of the basic pay of each participant covered 
        under paragraph (2) or (3) of section 805(a) of such Act 
        participating in the Foreign Service Retirement and Disability 
        System, in lieu of the agency contribution otherwise required 
        under section 805(a) of such Act.''.
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    Sec. 7001(d) of the Balanced Budget Act of 1997 (Public Law 105-33; 
111 Stat. 659), as amended by sec. 505(d)(1) of the Department of 
Transportation and Related Agencies Appropriations Act, 2001 (H.R. 
5394, enacted by reference in sec. 101(a) of Public Law 106-346; 114 
Stat. 1356A-53), provided the following increased contributions to 
Federal Civilian Retirement Systems:
    ``(d) Foreign Service Retirement and Disability System.--
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          ``(1) Agency contributions.--Notwithstanding section 
        805(a)(1) and (2) of the Foreign Service Act of 1980 (22 U.S.C. 
        4045(a)(1) and (2)), during the period beginning on October 1, 
        1997, through September 30, 2002, each agency employing a 
        participant in the Foreign Service Retirement and Disability 
        System shall contribute to the Foreign Service Retirement and 
        Disability Fund--

                  ``(A) 8.51 percent of the basic pay of each 
                participant covered under section 805(a)(1) of such Act 
                participating in the Foreign Service Retirement and 
                Disability System; and
                  ``(B) 9.01 percent of the basic pay of each 
                participant covered under section 805(a)(2) of such Act 
                participating in the Foreign Service Retirement and 
                Disability System;
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    ``in lieu of the agency contribution otherwise required under 
section 805(a)(1) and (2) of such Act.
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          ``(2) Individual deductions, withholdings, and deposits.--

                  ``(A) In general.--Notwithstanding section 805(a)(1) 
                of the Foreign Service Act of 1980 (22 U.S.C. 
                4045(a)(1)), beginning on January 1, 1999, through 
                December 31, 2000, the amount withheld and deducted 
                from the basic pay of a participant in the Foreign 
                Service Retirement and Disability System shall be as 
                follows:
                  ``7.25 January 1, 1999, to December 31, 1999.
                  ``7.4 January 1, 2000, to December 31, 2000.
                  ``(B) Foreign service criminal investigators/
                inspectors of the office of the inspector general, 
                agency for international development.--Notwithstanding 
                section 805(a)(2) of the Foreign Service Act of 1980 
                (22 U.S.C. 4045(a)(2)), beginning on January 1, 1999, 
                through December 31, 2000, the amount withheld and 
                deducted from the basic pay of an eligible Foreign 
                Service criminal investigator/inspector of the Office 
                of Inspector General, Agency for International 
                Development participating in the Foreign Service 
                Retirement and Disability System shall be as follows:
                  ``7.75 January 1, 1999, to December 31, 1999.
                  ``7.9 January 1, 2000, to December 31, 2000.''.
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    \173\ Sec. 4(a) of Public Law 102-499 (106 Stat. 3265) added par. 
designation (1) after (a), and added a new par. (2).
    \174\ Sec. 2(b)(2) of Public Law 105-382 (112 Stat. 3407) struck 
out ``Except as provided in subsection (h),'' and inserted in lieu 
thereof ``Except as otherwise provided in this section,''. Previously, 
sec. 405(a)(1) of Public Law 99-335 (100 Stat. 610) added the opening 
clause.
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    (2) \173\ Notwithstanding the percentage limitation 
contained in paragraph (1) of this subsection--
          (A) the Department shall deduct and withhold from the 
        basic pay of a Foreign Service criminal investigator/
        inspector of the Office of the Inspector General, 
        Agency for International Development, who is qualified 
        to have his annuity computed in the same manner as that 
        of a law enforcement officer pursuant to section 
        8339(d) of title 5, an amount equal to that to be 
        withheld from a law enforcement officer pursuant to 
        section 8334(a)(1) of title 5. The amounts so deducted 
        shall be contributed to the Fund for the payment of 
        annuities, cash benefits, refunds, and allowances. An 
        equal amount shall be contributed by the Department 
        from the appropriations or fund used for payment of the 
        salary of the participant. The Department shall deposit 
        in the Fund the amount deducted and withheld from basic 
        salary and amounts contributed by the Department.
          (B) The Department shall deduct and withhold from the 
        basic pay of a Foreign Service criminal investigator/
        inspector of the Office of the Inspector General, 
        Agency for International Development, who is qualified 
        to have his annuity computed pursuant to section 
        8415(d) of title 5, an amount equal to that to be 
        withheld from a law enforcement officer pursuant to 
        section 8422(a)(2)(B) of title 5. The amounts so 
        deducted shall be contributed to the Fund for the 
        payment of annuities, cash benefits, refunds, and 
        allowances. An equal amount shall be contributed by the 
        Department from the appropriations or fund used for 
        payment of the salary of the participant. The 
        Department shall deposit in the Fund the amounts 
        deducted and withheld from basic salary and amounts 
        contributed by the Department.
    (3) \175\ For service as a special agent, paragraph (1) 
shall be applied by substituting for ``7 percent'' the 
percentage that applies to law enforcement officers under 
section 8334(a)(1) of title 5, United States Code.
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    \175\ Sec. 2(b)(1) of Public Law 105-382 (112 Stat. 3407) added 
para. (3).
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    (b) Each participant shall be deemed to consent and agree 
to such deductions from basic salary. Payment less such 
deductions shall be a full and complete discharge and 
acquittance of all claims and demands whatsoever for all 
regular services during the period covered by such payment, 
except the right to the benefits to which the participant shall 
be entitled under this Act, notwithstanding any law, rule, or 
regulation affecting the salary of the individual.
    (c)(1) If a member of the Service who is under another 
retirement system for Government employees becomes a 
participant in the System by direct transfer, the total 
contributions and deposits of that member that would otherwise 
be refundable on separation (except voluntary contributions), 
including interest thereon, shall be transferred to the Fund 
effective as of the date such member becomes a participant in 
the System. Each such member shall be deemed to consent to the 
transfer of such funds, and such transfer shall be a complete 
discharge and acquittance of all claims and demands against the 
other Government retirement fund on account of service rendered 
by such member prior to becoming a participant in the System.
    (2) A member of the Service whose contributions are 
transferred to the Fund pursuant to paragraph (1) shall not be 
required to make additional contributions for periods of 
service for which required contributions were made to the other 
Government retirement fund; nor shall any refund be made to any 
such member on account of contributions made during any period 
to the other Government retirement fund at a higher rate than 
that fixed by subsection (d).
    (d)(1) Any participant credited with civilian service after 
July 1, 1924--
          (A) for which no retirement contributions, 
        deductions, or deposits have been made, or
          (B) for which a refund of such contributions, 
        deductions, or deposits has been made which has not 
        been redeposited,
may make a special contribution to the Fund. Special 
contributions for purposes of subparagraph (A) shall equal 
\176\ the following percentages of basic salary received for 
such service: \177\
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    \176\ Sec. 212(1) of Public Law 100-238 (101 Stat. 1773) struck out 
``equal to'' at this point and inserted in lieu thereof ``. Special 
contributions for purposes of subparagraph (A) shall equal''.
    \177\ Sec. 7001(d)(2)(C) of the Balanced Budget Act of 1997 (Public 
Law 105-33; 111 Stat. 660) struck out ``On and after January 1, 
1970....... 7" from the time of service table, and inserted in lieu 
thereof the text that addresses time of service dates from January 1, 
1970 through (and after) December 31, 2002. Sec. 505(d)(2) of the 
Department of Transportation and Related Agencies Appropriations Act, 
2001 (H.R. 5394, enacted by reference in sec. 101(a) of Public Law 106-
346; 114 Stat. 1356A-53), struck out ``January 1, 2001, through 
December 31, 2002, inclusive....... 7.5'' and ``After December 31, 
2002....... 7'' and inserted in lieu thereof the text that addresses 
time of service dates after December 31, 2000.
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                                                              Percent of
                                                            basic salary
Time of service:
    July 1, 1924, through October 15, 1960, inclusive.............   5  
    October 16, 1960, through December 31, 1969, inclusive.......6\1/2\ 
    January 1, 1970, through December 31, 1998, inclusive.........   7  
    January 1, 1999, through December 31, 1999, inclusive.........  7.25
    January 1, 2000, through December 31, 2000, inclusive.........  7.4 
    After December 31, 2000.......................................   7  

Special contributions for refunds under subparagraph (B) shall 
equal the amount of the refund received by the 
participant.\178\
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    \178\ Sec. 212(2) of Public Law 100-238 (101 Stat. 1773) added text 
from ``Special contributions''.
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    (2) Notwithstanding paragraph (1), a special contribution 
for prior nondeposit service as a National Guard technician 
which would be creditable toward retirement under subchapter 
III of chapter 83 of title 5, United States Code, and for which 
a special contribution has not been made, shall be equal to the 
special contribution for such service computed in accordance 
with the schedule in paragraph (1) multiplied by the percentage 
of such service that is creditable under section 816.
    (3) Special contributions under this subsection shall 
include interest computed from the midpoint of each service 
period included in the computation, or from the date refund was 
paid, to the date of payment of the special contribution or 
commencing date of annuity, whichever is earlier. Interest 
shall be compounded at the annual rate of 4 percent to December 
31, 1976, and 3 percent thereafter.\179\ No interest shall be 
charged on special contributions for any period of separation 
from Government service which began before October 1, 1956. 
Special contributions may be paid in installments (including by 
allotment of pay) when authorized by the Secretary of State.
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    \179\ Sec. 1 of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443) provided the following:
    ``Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a) 
The second sentence of Section 805(d)(3) of the Act (22 U.S.C. 
4054(d)(3)), the first sentence to Section 815(h) (22 U.S.C. 4055(h)), 
and the first sentence of Section 825(a) (22 U.S.C. 4065(a)), are 
deemed to be amended to provide that interest shall be compounded at 
the annual rate of 3 percent per annum through December 31, 1984, and 
thereafter at a rate equal to the overall average yield to the Fund 
during the preceding fiscal year from all obligations purchased by the 
Secretary of the Treasury during such fiscal year under section 819, as 
determined by the Secretary of the Treasury.
    ``(b) * * *
    ``(c) The amendments deemed to be made by section 1 of this Order 
shall apply (i) to contributions for civilian service performed on or 
after the first day of the month following issuance of this Order, (ii) 
to contributions for prior refunds to participants for which 
application is received by the employing agency on and after such first 
day of the month, and (iii) to excess contributions under section 
815(h) and voluntary contributions under section 825(a) from the first 
day of the month following issuance of this Order.''.
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    (4) \180\ Notwithstanding the preceding provisions of this 
subsection and any provision of section 206(b)(3) of the 
Federal Employees' Retirement Contribution Temporary Adjustment 
Act of 1983, the percentage of basic pay required under this 
subsection in the case of a participant described in section 
853(c) shall, with respect to any covered service (as defined 
by section 203(a)(3) of such Act) performed by such individual 
after December 31, 1983, and before January 1, 1987, be equal 
to 1.3 percent.
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    \180\ Paragraph (4) was added by sec. 405(b) of Public Law 99-335 
(100 Stat. 610).
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    (5) \181\ Notwithstanding paragraph (1), a special 
contribution for past service as a Foreign Service criminal 
investigator/inspector of the Office of the Inspector General, 
Agency for International Development which would have been 
creditable toward retirement under either section 8336(c) or 
8412(d) of title 5, and for which a special contribution has 
not been made shall be equal to the difference between the 
amount actually contributed pursuant to either section 4045 or 
4071e of title 22 and the amount that should have been 
contributed pursuant to either section 8334 or 8422 of title 5.
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    \181\ Sec. 4(b) of Public Law 102-499 (106 Stat. 3265) added par. 
(5).
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    (6) \182\ Subject to paragraph (4) and subsection (h), for 
purposes of applying this subsection with respect to prior 
service as a special agent, the percentages of basic pay set 
forth in section 8334(c) of title 5, United States Code, with 
respect to a law enforcement officer, shall apply instead of 
the percentages set forth in paragraph (1).
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    \182\ Sec. 2(c) of Public Law 105-382 (112 Stat. 3407) added para. 
(6).
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    (e) \183\ (1) Subject to paragraph (5), each \184\ 
participant who has performed military or naval service before 
the date of separation on which the entitlement to any annuity 
under this chapter is based may pay to the Secretary a special 
contribution equal to 7 percent of the amount of the basic pay 
paid under section 204 of title 37 of the United States Code, 
to the participant for each period of military or naval service 
after December 1956. The amount of such payments shall be based 
on such evidence of basic pay for military service as the 
participant may provide or if the Secretary determines 
sufficient evidence has not been so provided to adequately 
determine basic pay for military or naval service, such payment 
shall be based upon estimates of such basic pay provided to the 
Department under paragraph (4).
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    \183\ Sec. 4(a) of Executive Order 12446 (October 17, 1983; 48 F.R. 
28443) redesignated existing subsec. (e) as subsec. (g) and added new 
subsecs. (e) and (f), effective October 17, 1983.
    \184\ Sec. 7001(d)(2)(D)(i) of the Balanced Budget Act of 1997 
(Public Law 105-33; 111 Stat. 661) struck out ``Each'' and inserted in 
lieu thereof ``Subject to paragraph (5), each''.
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    (2) Any deposit made under paragraph (1) of this subsection 
more than two years after the later of--
          (A) the effective date of this Order, or
          (B) the date on which the participant making the 
        deposit first became a participant in a Federal staff 
        retirement system for civilian employees--
shall include interest on such amount computed and compounded 
annually beginning on the date of the expiration of the two-
year period. The interest rate that is applicable in computing 
interest in any year under this paragraph shall be equal to the 
interest rate that is applicable for such year under subsection 
(d) of this section.
    (3) Any payment received by the Secretary under this 
section shall be remitted to the Fund.
    (4) The Secretary of Defense, the Secretary of 
Transportation, the Secretary of Commerce, or the Secretary of 
Health and Human Services, as appropriate, shall furnish such 
information to the Secretary as the Secretary may determine to 
be necessary for the administration of this subsection.
    (5) \185\ Effective with respect to any period of military 
or naval service after December 31, 1998, the percentage of 
basic pay under section 204 of title 37, United States Code, 
payable under paragraph (1) shall be equal to the same 
percentage as would be applicable under section 8334 (c) of 
title 5, United States Code, for that same period for service 
as an employee.
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    \185\ Sec. 7001(d)(2)(D)(ii) of the Balanced Budget Act of 1997 
(Public Law 105-33; 111 Stat. 661) added para. (5).
---------------------------------------------------------------------------
    (f) \183\ Contributions shall only be required to obtain 
credit for periods of military or naval service to the extent 
provided under section 805(e) and section 816(a), except that 
credit shall be allowed in the absence of contributions to 
individuals of Japanese ancestry under section 816 for periods 
of internment during World War II.
    (g) \183\ A participant or survivor may make a special 
contribution at any time before receipt of annuity and may 
authorize payment by offset against initial annuity accruals.
    (h) \186\ Effective with respect to pay periods beginning 
after December 31, 1986, in administering this section with 
respect to a participant described in section 853(c) whose 
service is employment for the purposes of title II of the 
Social Security Act and chapter 21 of the Internal Revenue Code 
of 1954, contributions to the Fund and interest thereon shall 
be computed as if section 8334(k) of title 5, United States 
Code, were applicable.
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    \186\ Subsection (h) was added by sec. 405(a)(2) of Public Law 99-
335 (100 Stat. 610).
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    Sec. 806.\187\ Computation of Annuities.--(a) \188\ (1) 
\189\ The annuity of a participant shall be equal to 2 percent 
of his or her basic salary for the highest 3 consecutive years 
of service multiplied by the number of years, not exceeding 35, 
of service credit obtained in accordance with sections 816 and 
817, except that the highest 3 years of service shall be used 
in computing the annuity of any participant who serves an 
assignment in a position, as described in section 302(b), to 
which the participant was appointed by the President and whose 
continuity of service in that position is interrupted prior to 
retirement by appointment or assignment to any other position 
determined by the Secretary of State to be of comparable 
importance. In determining the aggregate period of service upon 
which the annuity is to be based, the fractional part of a 
month, if any, shall not be counted. The annuity shall be 
reduced by 10 percent of any special contribution described in 
section 805(d) which is due for service for which no 
contributions were made and which remains unpaid unless the 
participant elects to eliminate the service involved for 
purposes of annuity computation.
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    \187\ 22 U.S.C. 4046.
    \188\ Sec. 1 of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443; 22 U.S.C. 4067 note) provided the following:
    ``Section 1. Interest Rates, Deposits, Refunds, and Redeposits.
    ``(a) * * *
    ``(b) Sections 806(a) and 816(d) of the Act (22 U.S.C. 4046(a) and 
4056(d)) are deemed to be amended to exclude from the computation of 
creditable civilian service under section 816(a) of the Act any period 
of civilian service for which retirement deductions or contributions 
have not been made under section 805(d) of the Act unless--
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          ``(1) the participant makes a contribution for such period as 
        provided in such section 805(d); or
          ``(2) no contribution is required for such service as 
        provided under section 805(f) of the Act as deemed to be 
        amended by this Order, or under any other statute.
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    ``(c) The amendments deemed to be made by section 1 of this Order 
shall apply (i) to contributions for civilian service performed on or 
after the first day of the month following issuance of this Order, (ii) 
to contributions for prior refunds to participants for which 
application is received by the employing agency on and after such first 
day of the month, and (iii) to excess contributions under section 
815(h) and voluntary contributions under section 825(a) from the first 
day of the month following issuances of this Order.''.
    \189\ Sec. 587(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2055) inserted ``(1)'' after ``(a)'', and added paragraphs (2) 
through (6).
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  (2) Notwithstanding the percentage limitation contained in 
paragraph (1) of this subsection--
          (A) utilizing the definition of average pay contained 
        in section 8331(4) of title 5, United States Code, the 
        annuity of a Foreign Service criminal investigator/
        inspector of the Office of the Inspector General, 
        Agency for International Development, who was appointed 
        to a law enforcement position, as defined in section 
        8331(20) of title 5, United States Code, prior to 
        January 1, 1984, and would have been eligible to retire 
        pursuant to section 8336(c) of that title, after 
        attaining 50 years of age and completing 20 years as a 
        law enforcement officer had the employee remained in 
        the civil service shall be computed in the same manner 
        as that of a law enforcement officer pursuant to 
        section 8339(d) of that title, except as provided in 
        paragraph (3); and
          (B) the annuity of a Foreign Service criminal 
        investigator/inspector of such office, who was 
        appointed to a law enforcement position as defined in 
        section 8401(17) of that title on or after January 1, 
        1984, and who would have been eligible to retire 
        pursuant to section 8412(d) of that title, after 
        attaining 50 years of age and completing 20 years of 
        service as such a law enforcement officer, had the 
        employee remained in the civil service, shall be 
        computed in the same manner as that of a law 
        enforcement officer pursuant to section 8415(d) of that 
        title.
  (3) The annuity of a Foreign Service investigator/inspector 
of the Office of the Inspector General, Agency for 
International Development, appointed to a law enforcement 
position prior to January 1, 1984, who exercised election 
rights under section 860 of the Foreign Service Act of 1980, 
shall be computed as follows: for the period prior to election 
the annuity shall be computed in accordance with section 
8339(d) of title 5, United States Code; for the period 
following election the annuity shall be computed in accordance 
with section 8415(d) of that title.
  (4) All service in a law enforcement position, as defined in 
section 8331(20) or 8401(17) of that title, as applicable, in 
any agency or combination of agencies shall be included in the 
computation of time for purposes of this paragraph.
  (5) The annuity of a Foreign Service criminal investigator/
inspector of the Office of the Inspector General of the Agency 
for International Development who has not completed 20 years of 
service as a law enforcement officer, as defined in section 
8331(20) or 8401(17) of that title, shall be computed in 
accordance with paragraph (1).
    (6) \190\ (A) The annuity of a special agent under this 
subchapter shall be computed under paragraph (1) except that, 
in the case of a special agent described in subparagraph (B), 
paragraph (1) shall be applied by substituting for ``2 
percent''--
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    \190\ Sec. 2(d)(1) of Public Law 105-382 (112 Stat. 3407) 
redesignated former para. (6) as para. (7) and added a new para. (6). 
Sec. 2(d)(2) of that Act further amended the section by redesignating 
new para. (7) as para. (8), and adding a new para. (7).
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          (i) the percentage under subparagraph (A) of section 
        8339(d)(1) of title 5, United States Code, for so much 
        of the participant's total service as is specified 
        thereunder; and
          (ii) the percentage under subparagraph (B) of section 
        8339(d)(1) of title 5, United States Code, for so much 
        of the participant's total service as is specified 
        thereunder.
    (B) A special agent described in this subparagraph is any 
such agent or former agent who--
          (i)(I) retires voluntarily or involuntarily under 
        section 607, 608, 611, 811, 812, or 813, under 
        conditions authorizing an immediate annuity, other than 
        for cause on charges of misconduct or delinquency, or 
        retires for disability under section 808; and
          (II) at the time of retirement--
                  (aa) if voluntary, is at least 50 years of 
                age and has completed at least 20 years of 
                service as a special agent; or
                  (bb) if involuntary or disability, has 
                completed at least 20 years of service as a 
                special agent; or
          (ii) dies in service after completing at least 20 
        years of service as a special agent, when an annuity is 
        payable under section 809.
    (C) For purposes of subparagraph (B), included with the 
years of service performed by an individual as a special agent 
shall be any service performed by such individual as a law 
enforcement officer (within the meaning of section 8331(20) or 
section 8401(17) of title 5, United States Code), or a member 
of the Capitol Police.
          (7) \190\ In the case of a special agent who becomes 
        or became subject to subchapter II--
                  (A) for purposes of paragraph (6)(B), any 
                service performed by the individual as a 
                special agent (whether under this subchapter or 
                under subchapter II), as a law enforcement 
                officer (within the meaning of section 8331(20) 
                or section 8401(17) of title 5, United States 
                Code), or as a member of the Capitol Police 
                shall be creditable; and
                  (B) if the individual satisfies paragraph 
                (6)(B), the portion of such individual's 
                annuity which is attributable to service under 
                the Foreign Service Retirement and Disability 
                System or the Civil Service Retirement System 
                shall be computed in conformance with paragraph 
                (6).
  (8) \190\ For purposes of paragraphs (2), (3), (4), and (6) 
\191\ of this subsection, the term ``basic pay'' includes pay 
as provided in accordance with section 412 of this Act or 
section 5545(c)(2) \192\ of title 5, United States Code.
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    \191\ Sec. 2(d)(3)(A) of Public Law 105-382 (112 Stat. 3408) struck 
out ``and (4)'' and inserted in lieu thereof ``(4), and (6)''.
    \192\ Sec. 4(d) of Public Law 102-499 (106 Stat. 3266) struck out 
``section 5545(a)(2) and inserted in lieu thereof ``section 
5545(c)(2)''.
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    (b)(1)(A) Except to the extent provided, otherwise under a 
written election under subparagraph (B) or (C), if at the time 
of retirement a participant or former participant is married 
(or has a former spouse who has not remarried before attaining 
age 60), the participant shall receive a reduced annuity and 
provide a survivor annuity for his or her spouse under this 
subsection or former spouse under section 814(b), or a 
combination of such annuities, as the case may be.
    (B) At the time of retirement, a married participant or 
former participant and his or her spouse may jointly elect in 
writing to waive a survivor annuity for that spouse under this 
section (or under section 814(b) if the spouse later qualifies 
as a former spouse under section 804(6)), or to reduce such 
survivor annuity under this section (or section 814(b)) by 
designating a portion of the annuity of the participant as the 
base for the survivor benefit. In the event the marriage is 
dissolved following an election for such a reduced annuity and 
the spouse qualifies as a former spouse, the base used in 
calculating any annuity of the former spouse under section 
814(b) may not exceed the portion of the participant's annuity 
designated under this subparagraph.
    (C) If a participant or former participant has a former 
spouse, the participant and such former spouse may jointly 
elect by spousal agreement under section 820(b)(1) to waive a 
survivor annuity under section 814(b) for that former spouse if 
the election is made (i) before the end of the 24-month \193\ 
period after the divorce or annulment involving that former 
spouse becomes final or (ii) at the time of retirement 
whichever occurs first.
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    \193\ Sec. 213(a) of Public Law 100-238 (101 Stat. 1774) struck out 
``12-month'' and inserted in lieu thereof ``24-month''.
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    (D) The Secretary of State may prescribe regulations under 
which a participant or former participant may make an election 
under subparagraph (B) or (C) without the participant's spouse 
or former spouse if the participant establishes to the 
satisfaction of the Secretary of State that the participant 
does not know, and has taken all reasonable steps to determine, 
the whereabouts of the spouse or former spouse.
    (2) The annuity of a participant or former participant 
providing a survivor benefit under this section (or section 
814(b)), excluding any portion of the annuity not designated or 
committed as a base for any survivor annuity, shall be reduced 
by 2\1/2\ percent of the first $3,600 plus 10 percent of any 
amount over $3,600. The reduction under this paragraph shall be 
calculated before any reduction under section 814(a)(5).
    (3)(A) If a former participant entitled to receive a 
reduced annuity under this subsection dies and is survived by a 
spouse, a survivor annuity shall be paid to the surviving 
spouse equal to 55 percent of the full amount of the 
participant's annuity computed under subsection (a), or 55 
percent of any lesser amount elected as the base for the 
survivor benefit under paragraph (1)(B).
    (B) Notwithstanding subparagraph (A), the amount of the 
annuity calculated under subparagraph (A) for a surviving 
spouse in any case in which there is also a surviving former 
spouse of the participant who qualifies for an annuity under 
section 814(b) may not exceed 55 percent of the portion (if 
any) of the base for survivor benefits which remains available 
under section 814(b)(4)(B).
    (C) An annuity payable from the Fund under this subchapter 
\159\ to a surviving spouse under this paragraph shall commence 
on the day after the participant dies and shall terminate on 
the last day of the month before the surviving spouse's death 
or remarriage before attaining age 60. If such a survivor 
annuity is terminated because of remarriage, it shall be 
restored at the same rate commencing on the date such 
remarriage is terminated if any lump sum paid upon termination 
of the annuity is returned to the Fund.
    (c)(1) If an annuitant who was a participant dies and is 
survived by a spouse or a former spouse who is the natural or 
adoptive parent of a surviving child of the annuitant \194\ and 
by a child or children, in addition to the annuity payable to 
the surviving spouse, there shall be paid to or on behalf of 
each child an annuity equal to the smaller of--
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    \194\ Sec. 214(a)(1) of Public Law 100-238 (101 Stat. 1774) 
inserted language beginning with ``or a former spouse'' here.
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          (A) $900, or
          (B) $2,700 divided by the number of children.
    (2) If an annuitant who was a participant dies and is not 
survived by a spouse or a former spouse who is the natural or 
adoptive parent of a surviving child of the annuitant \194\ but 
by a child or children, each surviving child shall be paid an 
annuity equal to the smaller of--
          (A) $1,080, or
          (B) $3,240 divided by the number of children.
    (3) The amounts specified in this subsection are subject 
to--
          (A) cost-of-living adjustments as specified under 
        section 826(c)(3), and
          (B) the minimum specified in subsection (l)(2) of 
        this section.
    (d) On the death of the surviving spouse or former spouse 
or termination of the annuity of a child, the annuity of any 
other child or children shall be recomputed and paid as though 
the spouse, former spouse, or child had not survived the 
participant.\195\ If the annuity to a surviving child who has 
not been receiving an annuity is initiated or resumed, the 
annuities of any other children shall be recomputed and paid 
from that date as though the annuities to all currently 
eligible children in the family were then being initiated.
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    \195\ Sec. 214(a)(2) of Public Law 100-238 (101 Stat. 1774) amended 
the first sentence of subsec. (d). It formerly read as follows: ``If a 
surviving spouse dies or the annuity of a child is terminated, the 
annuities of any remaining children shall be recomputed and paid as 
though such spouse or child had not survived the participant.''.
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    (e) The annuity payable to a child under subsection (c) or 
(d) shall begin on the day after the participant dies, or if 
the child is not then qualified, on the first day of the month 
in which the child becomes eligible. The annuity of a child 
shall terminate on the last day of the month which precedes the 
month in which eligibility ceases.
    (f) At the time of retirement an unmarried participant who 
does not have a former spouse for whose benefit a reduction is 
made under subsection (b) may elect to receive a reduced 
annuity and to provide for an annuity equal to 55 percent of 
the reduced annuity payable after his or her death to a 
beneficiary whose name is designated in writing to the 
Secretary of State. The annuity payable to a participant making 
such election shall be reduced by 10 percent of an annuity 
computed under subsection (a) and by 5 percent of an annuity so 
computed for each full 5 years the designated beneficiary is 
younger than the retiring participant, but such total reduction 
shall not exceed 40 percent. No such election of a reduced 
annuity payable to a beneficiary shall be valid until the 
participant has satisfactorily passed a physical examination as 
prescribed by the Secretary of State. The annuity payable to a 
beneficiary under this subsection shall begin on the day after 
the annuitant dies and shall terminate on the last day of the 
month preceding the death of the beneficiary. An annuity which 
is reduced under this subsection (or any similar prior 
provision of law) shall, effective the first day of the month 
following the death of the beneficiary named under this 
subsection, be recomputed and paid as if the annuity had not 
been so reduced.
    (g) A participant or former participant who was unmarried 
at retirement and who later marries may, within one year after 
such marriage, irrevocably elect in writing to receive a 
reduced annuity and to provide a survivor annuity for the 
spouse (if such spouse qualifies as a surviving spouse under 
section 804(13)). Receipt by the Secretary of State of notice 
of an election under this subsection voids prospectively any 
election previously made under subsection (f). The reduction in 
annuity required by an election under this subsection shall be 
computed and the amount of the survivor annuity shall be 
determined in accordance with subsections (b) (2) and (3). The 
annuity reduction or recomputation shall be effective the first 
day of the month beginning one year after the date of marriage.
    (h) A surviving spouse or surviving former spouse of any 
participant or former participant shall not become entitled to 
a survivor annuity or to the restoration of a survivor annuity 
payable from the Fund unless the survivor elects to receive it 
instead of any other survivor annuity to which he or she may be 
entitled under this or any other retirement system for 
Government employees on the basis of a marriage to someone 
other than that participant.
    (i)(1) Any married annuitant who reverts to retired status 
with entitlement to a supplemental annuity under section 823 
shall, unless the annuitant and his or her spouse jointly elect 
in writing to the contrary at that time, have the supplemental 
annuity reduced by 10 percent to provide a supplemental 
survivor annuity for his or her spouse. Such supplemental 
survivor annuity shall be equal to 55 percent of the 
supplemental annuity of the annuitant and shall be payable to a 
surviving spouse to whom the annuitant was married at the time 
of reversion to retired status or whom the annuitant 
subsequently married.
    (2) The Secretary of State shall issue regulations to 
provide for the application of paragraph (1) of this subsection 
and of section 823 in any case in which an annuitant has a 
former spouse who was married to the participant at any time 
during a period of recall service and who qualifies for an 
annuity under this subchapter.\196\
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    \196\ Sec. 213(b) of Public Law 100-238 (101 Stat. 1774) struck out 
``section 814(b)'' and inserted in lieu thereof ``this subchapter''.
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    (j) An annuity which is reduced under this section or any 
similar prior provision of law to provide a survivor benefit 
for a spouse shall, if the marriage of the participant to such 
spouse is dissolved, be recomputed and paid for each full month 
during which an annuitant is not married (or is remarried if 
there is no election in effect under the following sentence) as 
if the annuity had not been so reduced, subject to any 
reduction required to provide a survivor benefit under section 
814 (b) or (c). Upon remarriage the retired participant may 
irrevocably elect, by means of a signed writing received by the 
Secretary within one year after such remarriage, to receive 
during such marriage a reduction in annuity for the purpose of 
allowing an annuity for the new spouse of the annuitant in the 
event such spouse survives the annuitant. Such reduction shall 
be equal to the reduction in effect immediately before the 
dissolution of the previous marriage (unless such reduction is 
adjusted under section 814(b)(5)), and shall be effective the 
first day of the first month beginning one year after the date 
of remarriage. A survivor annuity elected under this subsection 
shall be treated in all respects as a survivor annuity under 
subsection (b).
    (k) The Secretary of State shall, on an annual basis--
          (1) inform each participant of his or her right of 
        election under subsections (g) and (j); and
          (2) to the maximum extent practicable, inform spouses 
        or former spouses of participants or former 
        participants of their rights under this section and 
        section 814.
    (l) \197\ * * * [Repealed--1988]
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    \197\ Sec. 217(c)(1) of Public Law 100-238 (101 Stat. 1775) 
repealed subsec. (l).
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    (m) \198\ The retirement, disability, or survivor annuity 
payable to any person based on the service of an individual 
subject to section 805(h) beginning with the first day of the 
month for which such person first becomes--
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    \198\ Subsections (m) and (n) were added respectively by secs. 406 
and 407 of Public Law 99-335 (100 Stat. 610, 611). Subsec. (m) was 
substantially restated by Public Law 99-556 (100 Stat. 3136).
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          (1) eligible for an annuity under this subchapter 
        \159\ based on the service of such individual, and
          (2) entitled, or would, upon proper application, be 
        entitled to old age, disability, or survivor benefits 
        under title II of the Social Security Act based on the 
        service of such individual under this subchapter,\159\
shall be computed as if section 8349 of title 5, United States 
Code, were applicable.
    (n) \198\ (1)(A) A participant--
          (i) who, at the time of retirement, is married; and
          (ii) who elects at such time (in accordance with 
        subsection (b)) to waive a survivor annuity,
may, during the 18-month period beginning on the date of the 
retirement of such participant, elect to have a reduction under 
subsection (b) made in the annuity of the participant (or in 
such portion thereof as the participant may designate) in order 
to provide a survivor annuity for the spouse of such 
participant.
    (B) A participant--
          (i) who, at the time of retirement, is married, and
          (ii) who at such time designates (in accordance with 
        subsection (b)) that a limited portion of the annuity 
        of such participant is to be used as the base for a 
        survivor annuity,
may, during the 18-month period beginning on the date of the 
retirement of such participant, elect to have a greater portion 
of the annuity of such participant so used.
    (2)(A) An election under subparagraph (A) or (B) of 
paragraph (1) of this subsection shall not be considered 
effective unless the amount specified in subparagraph (B) of 
this paragraph is deposited into the Fund before the expiration 
of the applicable 18-month period under paragraph (1).
    (B) The amount to be deposited with respect to an election 
under this subsection is an amount equal to the sum of--
          (i) the additional cost to the System which is 
        associated with providing a survivor annuity under 
        subsection (b) of this section and results from such 
        election taking into account (I) the difference (for 
        the period between the date on which the annuity of the 
        former participant commences and the date of the 
        election) between the amount paid to such former 
        participant under this subchapter and the amount which 
        would have been paid if such election had been made at 
        the time the participant or former participant applied 
        for the annuity, and (II) the costs associated with 
        providing the later election; and
          (ii) interest on the additional cost determined under 
        clause (i)(I) of this subparagraph computed using the 
        interest rate specified or determined under section 
        805(d)(3) for the calendar year in which the amount to 
        be deposited is determined.
    (3) An election by a participant under this subsection 
voids prospectively any election previously made in the case of 
such participant under subsection (b).
    (4) An annuity which is reduced in connection with an 
election under this subsection shall be reduced by the same 
percentage reductions as were in effect at the time of the 
retirement of the participant whose annuity is so reduced.
    (5) Rights and obligations resulting from the election of a 
reduced annuity under this subsection shall be the same as the 
rights and obligations which would have resulted had the 
participant involved elected such annuity at the time of 
retiring.
    Sec. 807.\199\ Payment of Annuity.--(a) \200\ (1) Except as 
otherwise provided in paragraph (2), the annuity of a 
participant who has met the eligibility requirements for an 
annuity shall commence on the first day of the month after--
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    \199\ 22 U.S.C. 4047.
    \200\ Sec. 3(a) of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443) amended and restated subsec. (a). This amendment became 
effective on November 16, 1983.
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          (A) separation from the Service occurs; or
          (B) pay ceases and the service and age requirements 
        for entitlement to annuity are met.
    (2) The annuity of--
          (A) a participant who is retired and is eligible for 
        benefits under section 609(a) or a participant who is 
        retired under section 813 or is otherwise involuntarily 
        separated from the Service, except by removal for cause 
        on charges of misconduct or delinquency,
          (B) a participant retiring under section 808 due to a 
        disability, and
          (C) a participant who serves 3 days or less in the 
        month of retirement--
shall commence on the day after separation from the Service or 
the day after pay ceases and the requirements for entitlement 
to annuity are met.
    (b) The annuity to a survivor shall become effective as 
otherwise specified but shall not be paid until the survivor 
submits an application for such annuity, supported by such 
proof of eligibility as the Secretary of State may require. If 
such application or proof of eligibility is not submitted 
during the lifetime of an otherwise eligible individual, no 
annuity shall be due or payable to his or her estate.
    (c) An individual entitled to annuity from the Fund may 
decline to accept all or any part of the annuity by submitting 
a signed waiver to the Secretary of State. The waiver may be 
revoked in writing at any time. Payment of the annuity waiver 
may not be made for the period during which the waiver was in 
effect.
    (d) Recovery of overpayments under this subchapter \159\ 
may not be made from an individual when, in the judgment of the 
Secretary of State, the individual is without fault and 
recovery would be against equity and good conscience or 
administratively infeasible.
    (e) \201\ (1) The Secretary of State shall prescribe 
regulations under which any participant who has a life-
threatening affliction or other critical medical condition 
may,\202\ at the time of retiring under this subchapter (other 
than under section 808), elect annuity benefits under this 
section instead of any other benefits under this subchapter 
(including survivor benefits) based on the service of the 
participant.
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    \201\ Subsec. (e) was added by sec. 408 of Public Law 99-335 (100 
Stat. 612).
    \202\ Effective October 1, 1994, sec. 11002(b) of the Omnibus 
Budget Reconciliation Act of 1993 (Public Law 103-66; 107 Stat. 409) 
struck out ``a participant may'' and inserted in lieu thereof ``any 
participant who has a life-threatening affliction or other critical 
medical condition may''. The effective date of October 1, 1994, was 
pursuant to subsec. (c) of that section.
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    (2) Subject to paragraph (3), the Secretary of State shall 
by regulation provide for such alternative forms of annuities 
as the Secretary considers appropriate, except that among the 
alternatives offered shall be--
          (A) an alternative which provides for--
                  (i) payment of the lump-sum credit (excluding 
                interest) to the participant; and
                  (ii) payment of an annuity to the participant 
                for life; and
          (B) in the case of a participant who is married at 
        the time of retirement, an alternative which provides 
        for--
                  (i) payment of the lump-sum credit (excluding 
                interest) to the participant; and
                  (ii) payment of an annuity to the participant 
                for life, with a survivor annuity payable for 
                the life of a surviving spouse.
    (3) Each alternative provided for under paragraph (2) 
shall, to the extent practicable, be designed such that the 
total value of the benefits provided under such alternative 
(including any lump-sum credit) us actuarially equivalent to 
the value of the annuity which would otherwise be provided the 
participant under this subchapter, as computed under section 
806(a).
    (4) A participant who, at the time of retiring under this 
subchapter--
          (A) is married, shall be ineligible to make an 
        election under this section unless a waiver is made 
        under section 806(b)(1)(B); or
          (B) has a former spouse, shall be ineligible to make 
        an election under this section if the former spouse is 
        entitled to benefits under this subchapter (based on 
        the service of the participant) unless a waiver has 
        been made under section 806(b)(1)(C).
    (5) A participant who is married at the time of retiring 
under this subchapter and who makes an election under this 
section may, during the 18-month period beginning on the date 
of retirement, make the election provided for under section 
806(n), subject to the deposit requirement thereunder.
    (6) Notwithstanding any other provision of law, any lump-
sum credit provided to an election under this subsection shall 
not preclude an individual from receiving any other benefits 
under this subsection.
    Sec. 808.\203\ Retirement for Disability or Incapacity.--
(a) Any participant who has at least 5 years of service credit 
toward retirement under the System (excluding military and 
naval service) and who becomes totally disabled or 
incapacitated for useful and efficient service by reason of 
disease, illness, or injury (not due to vicious habits, 
intemperance, or willful conduct of the participant) shall upon 
his or her own application or upon order of the Secretary, be 
retired on an annuity computed as prescribed in section 806. If 
the disabled or incapacitated participant has less than 20 
years of service credit toward retirement under the System at 
the time of retirement, his or her annuity shall be computed on 
the assumption that the participant has had 20 years of 
service, except that the additional service credit that may 
accrue to a participant under this sentence shall in no case 
exceed the difference between his or her age at the time of 
retirement and age 60.\204\
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    \203\ 22 U.S.C. 4048.
    \204\ Sec. 215(a) of Public Law 100-238 (101 Stat. 1774) struck out 
``65'' and inserted ``60''.
---------------------------------------------------------------------------
    However, if a participant retiring under this section is 
receiving retired pay or retainer pay for military service 
(except that specified in Section 8332(c) (1) or (2) of title 5 
of the United States Code) or Veterans' Administration pension 
or compensation in lieu of such retired or retainer pay, the 
annuity of that participant shall be computed under this 
chapter excluding extra credit authorized by this subsection 
and excluding credit for military service from that 
computation. If the amount of the annuity so computed, plus the 
retired or retainer pay which is received, or which would be 
received but for the application of the limitation in Section 
5532 of title 5 of the United States Code, or the Veterans' 
Administration pension or compensation in lieu of such retired 
pay or retainer pay, is less than the annuity that would be 
payable under this chapter in the absence of the previous 
sentence, an amount equal to the difference shall be added to 
the annuity computed under this subchapter.\159\, 
\205\
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    \205\ The final two sentences of subsection (a) of sec. 808 were 
added by sec. 2 of Executive Order 12289 (February 14, 1981; 46 F.R. 
12693).
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    (b) Before being retired under this section, the 
participant shall be given a physical examination by one or 
more duly qualified physicians or surgeons designated by the 
Secretary of State to conduct examinations. Disability or 
incapacity shall be determined by the Secretary of State on the 
basis of the advice of such physicians or surgeons. Unless the 
disability or incapacity is permanent, like examinations shall 
be made annually until the annuitant has attained age 60.\204\ 
If the Secretary of State determines on the basis of the advice 
of one or more duly qualified physicians or surgeons conducting 
such examinations that an annuitant has recovered to the extent 
that he or she can return to duty, the annuitant may apply for 
reinstatement or reappointment in the Service within 1 year 
from the date recovery is determined. Upon application, the 
Secretary shall reinstate such recovered annuitant in the class 
in which the annuitant was serving at time of retirement, or 
the Secretary may, taking into consideration the age, 
qualifications, and experience of such annuitant, and the 
present class of his or her contemporaries in the Service, 
appoint or recommend that the President appoint the annuitant 
to a higher class. Payment of the annuity shall continue until 
a date of 6 months after the date of the examination showing 
recovery or until the date of reinstatement or reappointment in 
the Service, whichever is earlier. Fees for examinations under 
this section, together with reasonable traveling and other 
expenses incurred in order to submit to examination, shall be 
paid out of the Fund. If the annuitant fails to submit to 
examination as required under this subsection, payment of the 
annuity shall be suspended until continuance of the disability 
or incapacity is satisfactorily established.
    (c) If a recovered annuitant whose annuity is discontinued 
is for any reason not reinstated or reappointed in the Service, 
he or she shall be considered to have been separated within the 
meaning of section 810 as of the date of retirement for 
disability or incapacity and shall, after the discontinuance of 
the annuity, be entitled to the benefits of that section or of 
section 815, except that he or she may elect voluntary 
retirement if eligible under section 811.
    (d) No participant shall be entitled to receive an annuity 
under this subchapter \206\ and compensation for injury or 
disability to himself or herself under subchapter I of chapter 
81 of title 5, United States Code, covering the same period of 
time, except that a participant may simultaneously receive both 
an annuity under this section and scheduled disability payments 
under section 8107 of title 5, United States Code. This 
subsection shall not bar the right of any claimant to the 
greater benefit conferred by either this subchapter \206\ or 
subchapter I of such chapter 8 \207\ for any part of the same 
period of time. Neither this subsection nor any provision of 
subchapter I of such chapter 8 \207\ shall be construed to deny 
the right of any participant to receive an annuity under this 
subchapter \206\ and to receive concurrently any payment under 
such subchapter I of such chapter 8 \207\ by reason of the 
death of any other individual.
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    \206\ The word ``subchapter'' was substituted for the word ``Act'' 
by section 402(b) and (c) of Public Law 99-355 (100 Stat. 609).
    \207\ The words ``subchapter I of such chapter 8'' were substituted 
in lieu of the words ``such subchapter'' by sec. 402(b)(1)(A) of Public 
Law 99-355 (100 Stat. 609). Should probably read ``chapter 81''.
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    (e) Notwithstanding any other law, the right of any 
individual entitled to an annuity under this subchapter \206\ 
shall not be affected because such person has received an award 
of compensation in a lump sum under section 8135 of title 5, 
United States Code, except that where such annuity is payable 
on account of the same disability for which compensation under 
such section has been paid, so much of such compensation as has 
been paid for any period extended beyond the date such annuity 
becomes effective, as determined by the Secretary of Labor, 
shall be refunded to the Department of Labor, to be paid into 
the Federal Employees' Compensation Fund. Before such 
individual receives such annuity, he or she shall--
          (1) refund to the Department of Labor the amount 
        representing such commuted payments for such extended 
        period, or
          (2) authorize the deduction of such amount from the 
        annuity payable under this subchapter \206\ which 
        amount shall be transmitted to the Department of Labor 
        for reimbursement to such Fund.
Deductions from such annuity may be made from accrued and 
accruing payments, or may be prorated against and paid from 
accruing payments in such manner as the Secretary of Labor 
shall determine, whenever the Secretary of Labor finds that the 
financial circumstances of the annuitant warrant deferred 
refunding.
    (f) A claim may be allowed under this section only if the 
application is filed with the Secretary of State before the 
participant is separated from the Service or within one year 
thereafter. This time limitation may be waived by the Secretary 
of State for a participant who at the date of separation from 
the Service or within one year thereafter is mentally 
incompetent, if the application is filed with the Secretary of 
State within one year from the date of restoration of the 
participant to competency or the appointment of a fiduciary, 
whichever is earlier.
    Sec. 809.\208\ Death in Service.--(a) If a participant dies 
and no claim for annuity is payable under this subchapter,\209\ 
the lump-sum credit shall be paid in accordance with section 
815.
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    \208\ 22 U.S.C. 4049.
    \209\ The word ``subchapter'' was substituted for ``Act'' by 
section 402(b) and (c) of Public Law 99-355 (100 Stat. 609).
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    (b) If a participant who has at least 18 months of civilian 
service credit toward retirement under the System dies before 
retirement or other separation from the Service and is survived 
by a spouse or former spouse qualifying for an annuity under 
section 814(b), such surviving spouse shall be entitled to an 
annuity equal to 55 percent of the annuity computed in 
accordance with subsections (e) and (g) of this section and 
section 806(a) and any surviving former spouse shall be 
entitled to an annuity under section 814(b) as if the 
participant died after being entitled to an annuity under this 
subchapter. If the participant had less than 3 years creditable 
civilian service at the time of death, the survivor annuity 
shall be computed on the basis of the average salary for the 
entire period of such service.
    (c) If a participant who has at least 18 months of civilian 
service credit toward retirement under the System dies before 
retirement or other separation from the Service and is survived 
by a spouse or a former spouse who is the natural or adoptive 
parent of a surviving child of the annuitant,\210\ and a child 
or children, each surviving child shall be entitled to an 
annuity computed in accordance with subsections (c)(1) and (d) 
of section 806.
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    \210\ Sec. 214(b)(1) of Public Law 100-238 (101 Stat. 1774) 
inserted language to this point, beginning with ``or a former spouse''.
---------------------------------------------------------------------------
    (d) If a participant who has at least 18 months of civilian 
service credit toward retirement under the System dies before 
retirement or other separation from the Service and is not 
survived by a spouse, or a former spouse who is the natural or 
adoptive parent of a surviving child of the annuitant,\211\ but 
by a child or children, each surviving child shall be entitled 
to an annuity computed in accordance with subsections (c)(2) 
and (d) of section 806.
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    \211\ Sec. 214(b)(2) of Public Law 100-238 (101 Stat. 1774) 
inserted language to this point, beginning with ``or a former spouse''.
---------------------------------------------------------------------------
    (e) If, at the time of his or her death, the participant 
had less than 20 years of service credit toward retirement 
under the System, the annuity payable in accordance with 
subsection (b) shall be computed in accordance with section 806 
on the assumption he or she has had 20 years of service, except 
that the additional service credit that may accrue to a 
deceased participant under this subsection shall in no case 
exceed the difference between his or her age on the date of 
death and age 60.\212\ In all cases arising under this 
subsection or subsection (b), (c), (d), or (g), it shall be 
assumed that the deceased participant was qualified for 
retirement on the date of death.
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    \212\ Sec. 215(b) of Public Law 100-238 (101 Stat. 1774) struck out 
``65'' and inserted ``60''.
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    (f) If an annuitant entitled to a reduced annuity dies in 
service after being recalled under section 308 and is survived 
by a spouse or former spouse entitled to a survivor annuity 
based on the service of such annuitant, such survivor annuity 
shall be computed as if the recall service had otherwise 
terminated on the day of death and the annuity of the deceased 
had been resumed in accordance with section 823. If such death 
occurs after the annuitant had completed sufficient recall 
service to attain eligibility for a supplemental annuity, a 
surviving spouse or surviving former spouse who was married to 
the participant at any time during a period of recall service 
shall be entitled to elect, in addition to any other benefits 
and in lieu of a refund of retirement contributions made during 
the recall service, a supplemental survivor annuity computed 
and paid under section 806(i) as if the recall service had 
otherwise terminated. If the annuitant had completed sufficient 
recall service to attain eligibility to have his or her annuity 
determined anew, a surviving spouse or such a surviving former 
spouse may elect, in lieu of any other survivor benefit under 
this chapter, to have the rights of the annuitant redetermined 
and to receive a survivor annuity computed under subsection (b) 
on the basis of the total service of the annuitant.
    (g) Notwithstanding subsection (b), if the participant or 
former participant had a former spouse qualifying for an 
annuity under section 814(b), the annuity of the spouse under 
this section shall be subject to the limitation of section 
806(b)(3)(B).
    (h) Annuities that become payable under this section shall 
commence, terminate, and be resumed in accordance with 
subsection (b)(4), (e), or (h) of section 806, as appropriate.
    Sec. 810.\213\ Discontinued Service Retirement.--Any 
participant who voluntarily separates from the Service after 
obtaining at least 5 years of service credit toward retirement 
under the System (excluding military and naval service) may 
upon separation from the Service or at any time prior to 
becoming eligible for an annuity elect to have his or her 
contributions to the Fund returned in accordance with section 
815, or to leave his or her contributions in the Fund and 
receive an annuity, computed under section 806, commencing at 
age 60.
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    \213\ 22 U.S.C. 4050.
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    Sec. 811.\214\ Voluntary Retirement.--Any participant who 
is at least 50 years of age and has 20 years of creditable 
service, including at least 5 years of service credit toward 
retirement under the System (excluding military and naval 
service), may on his or her own application and with the 
consent of the Secretary be retired from the Service and 
receive retirement benefits in accordance with section 806. The 
Secretary shall withhold consent for retirement under this 
section by any participant who has not been a member of the 
Service for 5 years. Any participant who voluntarily separates 
from the Service before completing 5 years in the System and 
who, on the date of separation, would be eligible for an 
annuity, based on a voluntary separation, under section 8336 or 
8338 of title 5, United States Code, if the participant had 
been covered under the Civil Service Retirement System rather 
than subject to this chapter while a member of the Service, may 
receive an annuity under section 8336 or 8338, notwithstanding 
section 8333(b) of title 5, United States Code, if all 
contributions transferred to the Fund under section 805(c)(1) 
of this Act, as well as all contributions withheld from the 
participant's pay or contributed by the employer, and deposited 
into the Fund during the period he or she was subject to this 
chapter, including interest on these amounts, are transferred 
to the Civil Service Retirement and Disability Fund effective 
on the date the participant separates from the Service.\215\
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    \214\ 22 U.S.C. 4051.
    \215\ Sec. 216 of Public Law 100-238 (101 Stat. 1774) added 
language from ``The Secretary shall withhold''.
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    Sec. 812.\216\ Mandatory Retirement.--(a)(1) \217\ Except 
as provided in subsection (b), any participant shall be retired 
from the Service at the end of the month in which the 
participant has reached age 65 and has at least 5 years of 
service credit toward retirement under the System (excluding 
military and naval service), and shall receive retirement 
benefits in accordance with section 806.
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    \216\ 22 U.S.C. 4052. Sec. 2403(d)(1) of this Act specified that 
sec. 812 would be effective on the date of enactment of the Act 
(October 17, 1980).
    \217\ Sec. 587(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2056) inserted ``(1)'' after ``(a)'', and added a new paragraph 
(2).
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  (2) \218\ Notwithstanding paragraph (1)--
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    \218\ Sec. 3 of Public Law 105-382 (112 Stat. 3408) amended and 
restated the first sentence of para. (2). It had formerly read as 
follows: ``Notwithstanding paragraph (1), a Foreign Service criminal 
investigator/inspector of the Office of Inspector General of the Agency 
for International Development who would have been eligible for 
retirement pursuant to either section 8336(c) or 8412(d) of title 5, 
United States Code, as applicable, had the employee remained in civil 
service, shall be separated from the Service on the last day of the 
month in which that Foreign Service criminal investigator/inspector 
attains 57 years of age or completes 20 years of service if then over 
that age.''.
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          (A) an individual described in section 4(a)(2) of the 
        Department of State Special Agents Retirement Act of 
        1998 who is otherwise eligible for immediate retirement 
        under this chapter; or
          (B) a Foreign Service criminal investigator/inspector 
        of the Office of Inspector General of the Agency for 
        International Development who would have been eligible 
        for retirement pursuant to either section 8336(c) or 
        8412(d) of title 5, United States Code, as applicable, 
        had the employee remained in civil service,
shall be separated from the Service on the last day of the 
month in which such individual under subparagraph (A) or such 
Foreign Service criminal investigator/inspector under 
subparagraph (B) attains 57 years of age or completes 20 years 
of service if then over that age. If the head of the agency 
judges that the public interest so requires, that agency head 
may exempt such an employee from automatic separation under 
this subsection until that employee attains 60 years of age. 
The employing office shall notify the employee in writing of 
the date of separation at least 60 days before that date. 
Action to separate the employee is not effective without the 
consent of the employee, until the last day of the month in 
which the 60-day notice expires.
    (b)(1) Any participant who is otherwise required to retire 
under subsection (a) while occupying a position to which he or 
she was appointed by the President, by and with the advice and 
consent of the Senate, may continue to serve until that 
appointment is terminated.
    (2) Whenever the Secretary determines it to be in the 
public interest, any participant who is otherwise required to 
retire under subsection (a) may be retained on active service 
for a period not to exceed 5 years.
    (3) Any participant who completed a period of service 
authorized by this subsection shall be retired at the end of 
the month in which such authorized service is completed.
  Sec. 813.\219\ Reassignment and Retirement of Former 
Presidential Appointees.--
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    \219\ 22 U.S.C. 4053. Sec. 174 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 413), amended and restated sec. 813 after the section caption. It 
formerly read as follows:
    ``(a) Except as provided under subsection (b), a participant, who 
completes an assignment under section 302(b) in a position to which he 
or she was appointed by the President, shall be offered reassignment 
within 90 days after the termination of such assignment and any period 
of authorized leave.
    ``(b) Subsection (a) shall not apply with respect to a participant, 
if the Secretary of State determines that reassignment of the 
participant is not in the interest of the United States and the Foreign 
Service.
    ``(c) A participant who is not reassigned under subsection (a) 
shall be retired from the Service and receive retirement benefits in 
accordance with section 806 or 855, as appropriate.''.
    Previously, sec. 813 was amended and restated by sec. 149 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public 
Law 102-138; 105 Stat. 670). Functions vested in the Secretary of State 
in this section, prior to amendment, were delegated to the Under 
Secretary for Management by Delegation of Authority No. 193, January 7, 
1992 (Public Notice 1555; 57 F.R. 2298; January 21, 1992).
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    (a) A participant, who completes an assignment under 
section 302(b) in a position to which the participant was 
appointed by the President, and is not otherwise eligible for 
retirement--
          (1) shall be reassigned within 90 days after the 
        termination of such assignment and any period of 
        authorized leave, or
          (2) if the Secretary of State determines that 
        reassignment is not in the interest of the Foreign 
        Service, shall be retired from the Service and receive 
        retirement benefits in accordance with section 806 or 
        855, as appropriate.
    (b) A participant who completes an assignment under section 
302(b) in a position to which the participant was appointed by 
the President and is eligible for retirement and is not 
reassigned within 90 days after the termination of such 
assignment and any period of authorized leave, shall be retired 
from the Service and receive retirement benefits in accordance 
with section 806 or section 855, as appropriate.
    (c) A participant who is retired under subsection (a)(2) 
and is subsequently employed by the United States Government, 
thereafter, shall be eligible to retire only under the terms of 
the applicable retirement system.
    Sec. 814.\220\ Former Spouses.--(a)(1) Unless otherwise 
expressly provided by any spousal agreement or court order 
under section 820(b)(1), a former spouse of a participant or 
former participant is entitled to an annuity \221\ if such 
former spouse was married to the participant for at least 10 
years during service of the participant which is creditable 
under this chapter with at least 5 of such years occurring 
while the participant was a member of the Foreign Service and--
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    \220\ 22 U.S.C. 4054.
    \221\ Sec. 217(a) of Public Law 100-238 (101 Stat. 1775) added 
language from this point to ``Foreign Service and''.
    Sec. 261(b)(2) of Public Law 100-238 (101 Stat. 1776) provided the 
following exception:
    ``(2) The amendment made by section 217(a) shall not apply with 
respect to the former spouse of a participant or former participant who 
is subject to subchapter I of chapter 8 of the Foreign Service Act of 
1980 if, on the date of enactment of this title, [January 8, 1988] that 
former spouse--
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          ``(A) was the spouse of that participant or former 
        participant; or
          ``(B) is entitle to an annuity under section 814 of the 
        Foreign Service Act of 1980 pursuant to the divorce or 
        annulment of the marriage to that participant or former 
        participant.''.
          (A) if married to the participant throughout the 
        creditable service of the participant, equal to 50 
        percent of the annuity of the participant; or
          (B) if not married to the participant throughout such 
        creditable service, equal to that former spouse's pro 
        rata share of 50 percent of such annuity.
  For the purposes of this paragraph, the term ``creditable 
service'' means service which is creditable under subchapter I 
or II.\222\
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    \222\ This sentence was added by sec. 404(b)(1) of Public Law 99-
335 (100 Stat. 610).
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    (2) A former spouse shall not be qualified for an annuity 
under this subsection if before the commencement of the annuity 
the former spouse remarries before becoming 60 years of age.
    (3) The annuity of a former spouse under this subsection 
commences on the later of the day the participant upon whose 
service the annuity is based becomes entitled to an annuity 
under this subchapter \209\ on the first day of the month in 
which the divorce or annulment involved becomes final. The 
annuity of such former spouse and the right thereto terminate 
on--
          (A) the last day of the month before the former 
        spouse dies or remarries before 60 years of age; or
          (B) the date the annuity of the participant 
        terminates (except in the case of an annuity subject to 
        paragraph (5)(B)).
    (4) No spousal agreement or court order under section 
820(b)(1) involving any participant may provide for an annuity 
or any combination of annuities under this subsection which 
exceeds the annuity of the participant, nor may any such court 
order relating to an annuity under this subsection be given 
effect if it is issued more than 24 \223\ months after the date 
the divorce or annulment involved becomes final.
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    \223\ Sec. 217(b) of Public Law 100-238 (101 Stat. 1775) struck out 
``12'' and inserted in lieu thereof ``24''.
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    (5)(A) The annuity payable to any participant shall be 
reduced by the amount of an annuity under this subsection paid 
to any former spouse based upon the service of that 
participant. Such reduction shall be disregarded in calculating 
the survivor annuity for any spouse, former spouse, or other 
survivor under this subchapter,\209\ and in calculating any 
reduction in the annuity of the participant to provide survivor 
benefits under subsection (b) or section 806(b)(3).
    (B) If any annuitant whose annuity is reduced under 
subparagraph (A) is recalled to service under section 308, or 
reinstated or reappointed in the Service in the case of a 
recovered disability annuitant or if any annuitant is 
reemployed as provided for under section 824, the salary of 
that annuitant shall be reduced by the same amount as the 
annuity would have been reduced if it had continued. Amounts 
equal to the reductions under this subparagraph shall be 
deposited in the Treasury of the United States to the credit of 
the Fund.
    (6) Notwithstanding paragraph (3), in the case of any 
former spouse of a disability annuitant--
          (A) the annuity of the former spouse shall commence 
        on the date the participant would qualify on the basis 
        of his or her creditable service for an annuity under 
        this subchapter \209\ (other than a disability annuity) 
        or the date the disability annuity begins, whichever is 
        later, and
          (B) the amount of the annuity of the former spouse 
        shall be calculated on the basis of the annuity for 
        which the participant would otherwise so qualify.
    (7) An annuity under this subsection shall be treated the 
same as a survivor annuity under subsection (b) for purposes of 
section 806(h) or any comparable provision of law.
    (b)(1) Subject to any election under section 806(b)(1)(C) 
and unless otherwise expressly provided by any spousal 
agreement or court order under section 820(b)(1), if a former 
participant who is entitled to receive an annuity is survived 
by a former spouse, the former spouse shall be entitled to a 
survivor annuity--
          (A) if married to the participant throughout the 
        creditable service of the participant, equal to 55 
        percent of the full amount of the participant's 
        annuity, as computed under section 806(a); or
          (B) if not married to the participant throughout such 
        creditable service, equal to that former spouse's pro 
        rata share of 55 percent of the full amount of such 
        annuity. For the purposes of this paragraph, the term 
        `creditable service' means service which is creditable 
        under subchapter I or II.\224\
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    \224\ This sentence was added by sec. 404(b)(2) of Public Law 99-
335 (100 Stat. 610).
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    (2) A former spouse shall not be qualified for an annuity 
under this subsection if before the commencement of that 
annuity the former spouse remarries before becoming 60 years of 
age.
    (3) An annuity payable from the Fund under this subchapter 
\209\ to a surviving former spouse under this subsection shall 
commence on the day after the annuitant dies and shall 
terminate on the last day of the month before the former 
spouse's death or remarriage before attaining age 60. If such a 
survivor annuity is terminated because of remarriage, it shall 
be restored at the same rate commencing on the date such 
remarriage is terminated if any lump sum paid upon termination 
of the annuity is returned to the Fund.
    (4)(A) The maximum survivor annuity or combination of 
survivor annuities under this section (and section 806(b)(3)) 
with respect to any participant or former participant may not 
exceed 55 percent of the full amount of the participant's 
annuity, as calculated under section 806(a).
    (B) Once a survivor annuity has been provided for under 
this subsection for any former spouse, a survivor annuity may 
thereafter be provided for under this subsection (or section 
806(b)(3)) with respect to a participant or former participant 
only for that portion (if any) of the maximum available which 
is not committed for survivor benefits for any former spouse 
whose prospective right to such annuity has not terminated by 
reason of death or remarriage.
    (C) After the death of a participant or former participant, 
a court order under section 820(b)(1) may not adjust the amount 
of the annuity of any former spouse under this section.
    (5)(A) For each full month after a former spouse of a 
participant or former participant dies or remarries before 
attaining age 60, the annuity of the participant, if reduced to 
provide a survivor annuity for that former spouse, shall be 
recomputed and paid as if the annuity had not been so reduced, 
unless an election is in effect under subparagraph (B).
    (B) Subject to paragraph (4)(B), the participant may elect 
in writing within one year after receipt of notice of the death 
or remarriage of the former spouse to continue the reduction in 
order to provide a higher survivor annuity under section 
806(b)(3) for any spouse of the participant.
    (c)(1) In the case of any participant or former participant 
providing a survivor annuity benefit under subsection (b) for a 
former spouse--
          (A) such participant may elect, or
          (B) a spousal agreement or court order under section 
        820(b)(1) may provide for,
an additional survivor annuity under this subsection for any 
other former spouse or spouse surviving the participant, if the 
participant satisfactorily passes a physical examination as 
prescribed by the Secretary of State.
    (2) Neither the total amount of survivor annuity or 
annuities under this subsection with respect to any participant 
or former participant, nor the survivor annuity or annuities 
for any one surviving spouse or former spouse of such 
participant under this section and section 806, shall exceed 55 
percent of the full amount of the participant's annuity, as 
computed under section 806(a).
    (3)(A) In accordance with regulations which the Secretary 
of State shall prescribe, the participant involved may provide 
for any annuity under this subsection--
          (i) by a reduction in the annuity or an allotment 
        from the salary of the participant,
          (ii) by a lump sum payment or installment payments to 
        the Fund, or
          (iii) by any combination thereof.
    (B) The present value of the total amount to accrue to the 
Fund under subparagraph (A) to provide any annuity under this 
subsection shall be actuarially equivalent in value to such 
annuity, as calculated upon such tables of mortality as may 
from time to time be prescribed for this purpose by the 
Secretary of State.
    (C) If a former spouse predeceases the participant or 
remarries before attaining age 60 (or, in the case of a spouse, 
the spouse does not qualify as a former spouse upon dissolution 
of the marriage)--
          (i) if an annuity reduction or salary allotment under 
        subparagraph (A) is in effect for that spouse or former 
        spouse, the annuity shall be recomputed and paid as if 
        it had not been reduced or the salary allotment 
        terminated, as the case may be, and
          (ii) any amount accruing to the Fund under 
        subparagraph (A) shall be refunded, but only to the 
        extent that such amount may have exceeded the actuarial 
        cost of providing benefits under this subsection for 
        the period such benefits were provided, as determined 
        under regulations prescribed by the Secretary of State.
    (D) Under regulations prescribed by the Secretary of State, 
an annuity shall be recomputed (or salary allotment terminated 
or adjusted), and a refund provided (if appropriate), in a 
manner comparable to that provided under subparagraph (C), in 
order to reflect a termination or reduction of future benefits 
under this subsection for a spouse in the event a former spouse 
of the participant dies or remarries before attaining age 60 
and an increased annuity is provided for that spouse in 
accordance with this subchapter.\209\
    (4) An annuity payable under this subsection to a spouse or 
former spouse shall commence on the day after the participant 
dies and shall terminate on the last day of the month before 
the former spouse's death or remarriage before attaining age 
60.
    (5) Section 826 shall not apply to any annuity under this 
subsection, unless authorized under regulations prescribed by 
the Secretary of State.
    (d) \225\ * * * [Repealed--1988]
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    \225\ Sec. 217(c)(2) of Public Law 100-238 (101 Stat. 1775) 
repealed subsec. (d).
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    Sec. 815.\226\ Lump-Sum Payments.--(a) \227\ (1) A 
participant is entitled to be paid a lump-sum credit if the 
participant--
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    \226\ 22 U.S.C. 4055.
    \227\ Sec. 218(a) of Public Law 100-238 (101 Stat. 1775) restated 
subsec. (a).
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          (A) is separated from the Service for at least 31 
        consecutive days, or is transferred to a position in 
        which the participant is not subject to this chapter 
        and remains in such a position for at least 31 
        consecutive days;
          (B) files an application with the Secretary of State 
        for payment of the lump-sum credit;
          (C) is not reemployed in a position in which the 
        participant is subject to this chapter at the time the 
        participant files the application;
          (D) will not become eligible to receive an annuity 
        under this subchapter within 31 days after filing the 
        application; and
          (E) has notified any spouse or former spouse the 
        participant may have of the application for payment in 
        accordance with regulations prescribed by the Secretary 
        of State.
Such regulations may provide for waiver of subparagraph (E) 
under circumstances described in section 806(b)(1)(D).
    (2) Such lump-sum credit shall be paid to the participant 
and to any former spouse of the participant in accordance with 
subsection (i).
    (b) Whenever an annuitant becomes separated from the 
Service following a period of recall service without becoming 
eligible for a supplemental or recomputed annuity under section 
823, the compulsory contributions of the annuitant to the Fund 
for such service, together with any special contributions the 
annuitant may have made for other service performed after the 
date of separation from the Service which forms the basis for 
annuity, shall be returned to the annuitant (and any former 
spouse of the annuitant who was married to the participant 
during the period of recall service, in accordance with 
subsection (i)).
    (c) If all annuity rights under this subchapter \209\ based 
on the service of a deceased participant or annuitant terminate 
before the total annuity paid equals the lump-sum credit to 
which the participant or annuitant is entitled, the difference 
shall be paid in accordance with subsection (f).
    (d) If a participant or former participant dies and is not 
survived by an individual eligible for an annuity under this 
subchapter \209\ or by such an individual or individuals all of 
whose annuity rights terminate before a claim for survivor 
annuity is filed, the lump-sum credit to which the participant 
or annuitant is entitled shall be paid in accordance with 
subsection (f).
    (e) If an annuitant who was a former participant dies, any 
annuity accrued and unpaid shall be paid in accordance with 
subsection (f).
    (f) Payments under subsections (c) through (e) shall be 
paid in the following order of precedence to individuals 
surviving the participant and alive on the date entitlement to 
the payment arises, upon the establishment of a valid claim 
therefor, and such payment shall be a bar to recovery by any 
other person:
          (1) To the beneficiary or beneficiaries last 
        designated by the participant before or after 
        retirement in a signed and witnessed writing filed with 
        the Secretary of State prior to the death of the 
        participant, for which purpose a designation, change, 
        or cancellation of beneficiary in a will or other 
        document which is not so executed and filed shall have 
        no force or effect.
          (2) If there is no such beneficiary, to the surviving 
        wife or husband of the participant.
          (3) If none of the above, to the child (without 
        regard to the definition in section 804(2)) or children 
        of the participant (including adopted and natural 
        children but not stepchildren) and descendants of 
        deceased children by representation.
          (4) If none of the above, to the parents of the 
        participants or the survivor of them.
          (5) If none of the above, to the duly appointed 
        executor or administrator of the estate of the 
        participant.
          (6) If none of the above, to such other next of kin 
        of the participant as may be determined in the judgment 
        of the Secretary of State to be legally entitled to 
        such payment, except that no payment shall be made 
        under this paragraph until after the expiration of 30 
        days after the death of the participant or annuitant.
    (g) Annuity accrued and unpaid on the death of a survivor 
annuitant shall be paid in the following order of precedence, 
and the payment bars recovery by any other person:
          (1) To the duly appointed executor or administrator 
        of the estate of the survivor annuitant.
          (2) If there is no such executor or administrator, to 
        such person as may be determined by the Secretary of 
        State (after the expiration of 30 days from the date of 
        death of the survivor annuitant) to be entitled under 
        the laws of the domicile of the survivor annuitant at 
        the time of death.
    (h) \228\ Amounts deducted and withheld from basic salary 
of a participant under section 805 from the beginning of the 
first pay period after the participant has completed 35 years 
of service computed under section 816 (excluding service credit 
for unused sick leave under section 816(b)), together with 
interest on the amounts at the rate of 3 percent a year 
compounded annually from the date of the deduction to the date 
of retirement or death, shall be applied toward any special 
contribution due under section 805(d), and any balance not so 
required shall be refunded in a lump sum to the participant 
after separation or, in the event of a death in service, to a 
beneficiary in the order of precedence specified in subsection 
(f).
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    \228\ Sec. 1 of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443; 22 U.S.C. 4067 note) provided the following:
    ``Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a) 
The second sentence of Section 805(d)(3) of the Act (22 U.S.C. 
4045(d)(3)), the first sentence of Section 815(h) (22 U.S.C. 4055(h)), 
and the first sentence of Section 825(a) (22 U.S.C. 4065(a)), are 
deemed to be amended to provide that interest shall be compounded at 
the annual rate of 3 percent per annum through December 31, 1984, and 
thereafter at a rate equal to the overall average yield to the Fund 
during the preceding fiscal year from all obligations purchased by the 
Secretary of the Treasury during such fiscal year under section 819, as 
determined by the Secretary of the Treasury.
    ``(b) * * *
    ``(c) The amendments deemed to be made by section 1 of this Order 
shall apply (i) to contributions for civilian service performed on or 
after the first day of the month following issuance of this Order, (ii) 
to contributions for prior refunds to participants for which 
application is received by the employing agency on and after such first 
day of the month, and (iii) to excess contributions under section 
815(h) and voluntary contributions under section 825(a) from the first 
day of the month following issuance of this Order.''.
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    (i) Unless otherwise expressly provided by any spousal 
agreement or court order under section 820(b)(1), the amount of 
a participant's or former participant's lump-sum credit payable 
to a former spouse of that participant shall be--
          (1) if the former spouse was married to the 
        participant throughout the period of creditable service 
        of the participant, 50 percent of the lump-sum credit 
        to which such participant would be entitled in the 
        absence of this subsection, or
          (2) if such former spouse was not married to the 
        participant throughout such creditable service, an 
        amount equal to such former spouse's pro rata share of 
        50 percent of such lump-sum credit.
The lump-sum credit of the participant shall be reduced by the 
amount of the lump-sum credit payable to the former spouse. For 
the purposes of this subsection, the term ``creditable 
service'' means service which is creditable under subchapter I 
or II.\229\
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    \229\ This sentence was added by sec. 404(c) of Public Law 99-335 
(100 Stat. 610).
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    Sec. 816.\230\ Creditable Service.--(a) \231\ (1) \232\ 
Except as otherwise specified by law, all periods of civilian 
and military and naval service, and all other periods through 
the date of final separation of a participant from the Service 
that the Secretary of State determines would be creditable 
toward retirement under the Civil Service Retirement and 
Disability System (as determined in accordance with section 
8332 of title 5, United States Code), shall be creditable for 
purposes of this subchapter.\209\ Conversely, any such service 
performed after December 31, 1976, that would not be creditable 
under specified conditions under section 8332 of title 5, 
United States Code, shall be excluded under this chapter under 
the same conditions.
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    \230\ 22 U.S.C. 4056.
    \231\ Sec. 5 of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443; 22 U.S.C. 4067 note) provided the following:
    ``Sec. 5. Recomputation at Age 62 of Credit for Military Service of 
Current Annuitants. (a) Section 816(a) of the Act (22 U.S.C. 4056(a)) 
is deemed to be further amended so that the provisions of section 
8332(j) of Title 5 of the United States Code, relating to credit for 
military service, shall not apply with respect to any individual who is 
entitled to an annuity under such Act on or before the date of approval 
of this Order, or who is entitled to an annuity based on a separation 
from service occurring on or before such date.
    ``(b) Subject to subsection (c), in any case in which an individual 
described in subsection (a) is also entitled to old-age or survivors 
insurance benefits under section 202 of the Social Security Act (or 
would be entitled to such benefits upon filing application therefor), 
the amount of the annuity to which such individual is entitled under 
chapter 8 of the Act (after taking into account subsection (a)) which 
is payable for any month shall be reduced by an amount determined by 
multiplying the amount of such old-age or survivors insurance benefit 
for the determination month by a fraction--
    ``(1) the numerator of which is the total of the wages (within the 
meaning of section 209 of the Social Security Act) for service referred 
to in section 210(1) of such Act (relating to service in the uniformed 
services) and deemed additional wages (within the meaning of section 
229 of such Act) of such individual credited for years after 1956 and 
before the calendar year in which the determination month occurs, up to 
the contribution and benefit base determined under section 280 of the 
Social Security Act (or other applicable maximum annual amount referred 
to in section 215(e)(1) of such Act) for each such year, and
    ``(2) the denominator of which is the total of all wages deemed 
additional wages described in paragraph (1) of this subsection plus all 
other wages (within the meaning of section 209 of the Social Security 
Act) and all self-employment income (within the meaning of section 
211(b) of such Act) of such individual credited for years after 1936 
and before the calendar year in which the determination month occurs, 
up to the contribution and benefit base (or such other amount referred 
to in such section 215(e)(1) of such Act) for each such year.
    ``(c) Subsection (b) shall not reduce the annuity of any individual 
below the amount of the annuity which would be payable under chapter 8 
of the Act to the individual for the determination month if section 
8332(j) of Title 5 of the United States Code applied to the individual 
for such month.
    ``(d) For purposes of this section, the term (determination month) 
means--
    ``(1) the first month the individual described in subsection (a) is 
entitled to old-age or survivors insurance benefits under section 202 
of the Social Security Act (or would be entitled to such benefits upon 
filing application therefor); or
    ``(2) the first day of the month following the month in which this 
Order is issued in the case of any individual so entitled to such 
benefits for such month.
    ``(e) The preceding provisions of this section shall take effect 
with respect to any annuity payment payable under chapter 8 of the Act 
for calendar months beginning after the date of this Order.
    ``(f) The Secretary of Health and Human Services shall furnish such 
information to the Secretary of State as may be necessary to carry out 
the preceding provisions of this section.''.
    \232\ Sec. 4(b) of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443) inserted the par. designation ``(1)'' and added a new par. (2), 
(3), and (4), effective October 17, 1983.
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    (2) \232\ The service of an individual who first becomes a 
participant on or after the date of this Order without any 
credit under section 816 for civilian service performed prior 
to October 1, 1982, shall include credit for:
          (A) each period of military or naval service 
        performed before January 1, 1957, and
          (B) each period of military or naval service 
        performed after December 31, 1956, and before the 
        separation on which the entitlement to annuity under 
        this subchapter \209\ is based, only if a deposit (with 
        interest if any is required) is made with respect to 
        that period, as provided in section 805(e).
    (3) \232\ The service of an individual who first became a 
participant on or after the date of this Order with credit 
under section 816 for civilian service performed prior to 
October 1982, shall include credit for each period of military 
or naval service performed before the date of separation on 
which the entitlement to an annuity under this subchapter \209\ 
is based, subject, in the case of military or naval service 
performed after December 1956, to section 816(j), as deemed to 
be added by this Order.
    (4) \232\ The service of an individual who first became a 
participant before the date of this Order shall include credit 
for each period of military or naval service performed before 
the date of the separation on which the entitlement to an 
annuity under this subchapter \209\ is based, subject, in the 
case of military or naval service performed after December 
1976, to section 816(j), as deemed to be added by this Order.
    (b) In computing any annuity under this subchapter,\209\ 
the total service of a participant who retires on an immediate 
annuity or who dies leaving a survivor or survivors entitled to 
an annuity includes (without regard to the 35-year limitation 
imposed by section 806(a)) the days of unused sick leave to the 
credit of the participant, except that these days shall not be 
counted in determining average basic salary or annuity 
eligibility under this subchapter.\209\ A contribution to the 
Fund shall not be required from a participant for this service 
credit.
    (c)(1) A participant who enters on approved leave without 
pay to serve as a full-time officer or employee of an 
organization composed primarily of Government employees may, 
within 60 days after entering on that leave without pay, file 
with the employing agency an election to receive full 
retirement credit for each such periods of leave without pay 
and arrange to pay concurrently into the Fund through the 
employing agency, amounts equal to the retirement deductions 
and agency contributions on the Foreign Service salary rate 
that would be applicable if the participant were in a pay 
status. If the election and all payments provided by this 
subsection are not made for the periods of such leave without 
pay occurring after November 7, 1976, the participant may not 
receive any credit for such periods of leave without pay 
occurring after such date.
    (2) A participant may make a special contribution for any 
period or periods of approved leave without pay while serving 
before November 7, 1976, as a full-time officer or employee of 
an organization composed primarily of Government employees. Any 
such contribution shall be based upon the suspended Foreign 
Service salary rate and shall be computed in accordance with 
section 805. A participant who makes such contributions shall 
be allowed full retirement credit for the period or periods of 
leave without pay. If this contribution is not made, up to 6 
months' retirement credit shall be allowed for such periods of 
leave without pay each calendar year.
    (d) \233\ A participant who has received a refund of 
retirement contributions (which has not been repaid) under this 
or any other retirement system for Government employees 
covering service which may be creditable may make a special 
contribution for such service under section 805. Credit may not 
be allowed for service covered by the refund unless the special 
contribution is made.
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    \233\ Sec. 1 of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443; 22 U.S.C. 4067 note) provided the following:
    ``Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a) 
* * *
    ``(b) Sections 806(a) and 816(d) of the Act (22 U.S.C. 4046(a) and 
4056(d)) are deemed to be amended to exclude from the computation of 
creditable civilian service under section 816(a) of the Act any period 
of civilian service for which retirement deductions or contribution 
have not been made under section 805(d) of the Act unless--
    ``(1) the participant makes a contribution for such period as 
provided in such section 805(d); or
    ``(2) no contribution is required for such service as provided 
under section 805(f) of the Act as deemed to be amended by this Order, 
or under any other statute.
    ``(c) The amendments deemed to be made by section 1 of this Order 
shall apply (i) to contributions for civilian service performed on or 
after the first day of the month following issuance of this Order, (ii) 
to contributions for prior refunds to participants for which 
application is received by the employing agency on and after such first 
day of the month, and (iii) to excess contributions under section 
815(h) and voluntary contributions under section 825(a) from the first 
day of the month following issuance of this Order.''.
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    (e) No credit in annuity computation shall be allowed for 
any period of civilian service for which a participant made 
retirement contributions to another retirement system for 
Government employees unless--
          (1) the right to any annuity under the other system 
        which is based on such service is waived, and
          (2) a special contribution is made under section 805 
        covering such service.
    (f) A participant who during a period of war, or national 
emergency proclaimed by the President or declared by the 
Congress, leaves the Service to enter the military service is 
deemed, for the purpose of this subchapter,\209\ as not 
separated from the Service under section 815. However, the 
participant is deemed to be separated from the Service after 
the expiration of 5 years of such military service.
    (g)(1) An annuity or survivor annuity based on the service 
of a participant of Japanese ancestry who would be eligible 
under section 8332(1) of title, 5, United States Code, for 
credit for civilian service for periods of internment during 
World War II shall, upon application to the Secretary of State, 
be recomputed to give credit for that service. Any such 
recomputation of an annuity shall apply with respect to months 
beginning more than 30 days after the date on which application 
for such recomputation is received by the Secretary of State.
    (2) The Secretary of State shall take such action as many 
be necessary and appropriate to inform individuals entitled to 
have any service credited or annuity recomputed under this 
subsection of their entitlement to such credit or 
recomputation.
    (3) The Secretary of State shall, on request, assist any 
individual referred to in paragraph (1) in obtaining from any 
agency or other Government establishment information necessary 
to verify the entitlement of the individual to have any service 
credited or any annuity recomputed under this subsection.
    (4) Any agency or other Government establishment shall, 
upon request, furnish to the Secretary of State any information 
it possesses with respect to the internment or other detention, 
as described in section 8332(l) of title 5, United States Code, 
of any participant.
    (h) A participant who, while on approved leave without pay, 
serves as a full-time paid employee of a Member or office of 
the Congress shall continue to make contributions to the Fund 
based upon the Foreign Service salary rate that would be in 
effect if the participant were in a pay status. The 
participant's employing office in the Congress shall make a 
matching contribution (from the appropriation or fund which is 
used for payment of the salary of the participant) to the 
Treasury of the United States to the credit of the Fund. All 
periods of service for which full contributions to the Fund are 
made under this subsection shall be counted as creditable 
service for purposes of this subchapter \209\ and shall not, 
unless all retirement credit is transferred, be counted as 
creditable service under any other Government retirement 
system.
    (i)(1) Service of a participant shall be considered 
creditable service for purposes of applying provisions of this 
subchapter \209\ relating to former spouses if such service 
would be creditable--
          (A) under subsection (c) (1) or (2) but for the fact 
        an election was not made under subsection (c)(1) or a 
        special contribution was not made under subsection 
        (c)(2), and
          (B) under subsection (d) but for the fact that a 
        refund of contributions has not been repaid unless the 
        former spouse received under this subchapter \209\ a 
        portion of the lump sum (or a spousal agreement or 
        court order provided otherwise).
    (2) \234\ A former spouse shall not be considered as 
married to a participant for periods assumed to be creditable 
service under section 808(a) or section 809(e).
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    \234\ Sec. 145(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 36), restated 
par. (2). It formerly read as follows:
    ``(2) A former spouse shall not be considered as married to a 
participant--
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          ``(A) for periods assumed to be creditable service under 
        section 808(a) or section 809(e), or
          ``(B) for any extra period of creditable service provided 
        under section 817 for service of a participant at an 
        unhealthful post unless the former spouse resided with the 
        participant at that post during that period.''.
    (j) \235\ (1) Except as otherwise provided by statute or 
Executive Order, Section 8332(j) of Title 5, United States 
Code, relating to redetermination of credit for military and 
naval service, shall be applied to annuities payable under this 
subchapter.\209\ The Secretary of State shall redetermine 
service, and may request and obtain information from the 
Secretary of Health and Human Services, as the Office of 
Personnel Management is directed or authorized to do in Section 
8332(j).
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    \235\ Sec. 4(c) of Executive Order 12466 (October 17, 1983; 48 F.R. 
48443) added subsec. (j), effective October 17, 1983.
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    (2) Section 8332(j) of Title 5, United States Code, shall 
not apply with respect to:
          (A) the service of any individual who first became a 
        participant on or after the date of this Order without 
        any credit under section 816 for civilian service 
        performed prior to October 1982; or
          (B) any military or naval service performed prior to 
        1957 by an individual who first became a participant on 
        or after the date of this Order with credit under 
        section 816 for civilian service performed prior to 
        October 1982, or any period of military or naval 
        service performed after 1956 with respect to which the 
        participant has made a contribution (with interest if 
        any is required) under section 805(e); or
          (C) any military or naval service performed prior to 
        1977 by any individual who first became a participant 
        before the date of this Order or any period of military 
        or naval service performed after 1976 with respect to 
        which the participant had made a contribution (with 
        interest if any is required) under section 805(e).
    Sec. 817.\236\ Extra Credit for Service at Unhealthful 
Posts.--The Secretary of State may from time to time establish 
a list of places which by reason of climatic or other extreme 
conditions are to be classed as unhealthful posts. Each year of 
duty at such posts, inclusive of regular leaves of absence, 
shall be counted as one and a half years in computing the 
length of the service of a participant for the purpose of 
retirement, fractional months being considered as full months 
in computing such service. No such extra credit for service at 
such unhealthful posts shall be credited to any participant who 
is paid a differential under section 5925 or 5928 of title 5, 
United States Code, for such service. Such extra credit may not 
be used to determine the eligibility of a person to qualify as 
a former spouse under this subchapter, or to compute the pro 
rata share under section 804(10). No extra credit for service 
at unhealthful posts may be given under this section for any 
service as part of a tour of duty, or extension thereof, 
beginning on or after the date of enactment of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991.\237\
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    \236\ 22 U.S.C. 4057.
    \237\ Sec. 145(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 37; enacted 
February 16, 1990), added text beginning with ``Such extra credit 
may''.
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    Sec. 818.\238\ Estimate of Appropriations Needed.--The 
Secretary of the Treasury shall prepare the estimates of the 
annual appropriations required to be made to the Fund, and 
shall make actuarial valuations of the System at intervals of 
not more than five years. The Secretary of State may expend 
from money to the credit of the Fund an amount not exceeding 
$5,000 per year for the incidental expenses necessary in 
administering the provisions of this subchapter,\209\ including 
actuarial advice.
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    \238\ 22 U.S.C. 4058.
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    Sec. 819.\239\ Investment of the Fund.--The Secretary of 
the Treasury shall invest from time to time in interest-bearing 
securities of the United States such portions of the Fund as in 
the judgment of the Secretary of the Treasury may not be 
immediately required for the payment of annuities, cash 
benefits, refunds, and allowances. The income derived from such 
investments shall constitute a part of the Fund.
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    \239\ 22 U.S.C. 4059.
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    Sec. 820.\240\ Assignment and Attachment of Moneys.--(a)(1) 
An individual entitled to an annuity from the Fund may make 
allotments or assignments of amounts from such annuity for such 
purposes as the Secretary of State in his or her sole 
discretion considers appropriate.
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    \240\ 22 U.S.C. 4060.
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    (2) Notwithstanding section 3477 of the Revised Statutes of 
the United States (31 U.S.C. 203) or any other law, a member of 
the Service who is entitled to receive benefits under section 
609(b)(1) may assign to any person the whole or any part of 
those benefits. Any such assignment shall be on a form approved 
by the Secretary of the Treasury and a copy of such assignment 
form shall be deposited with the Secretary of the Treasury by 
the member executing the assignment.
    (b)(1)(A) In the case of any participant or annuitant who 
has a former spouse who is covered by a court order or who is a 
party to a spousal agreement--
          (i) any right of the former spouse to any annuity 
        under section 814(a) in connection with any retirement 
        or disability annuity of the participant, and the 
        amount of any such annuity;
          (ii) any right of the former spouse to a survivor 
        annuity under section 814 (b) or (c), and the amount of 
        any such annuity; and
          (iii) any right of the former spouse to any payment 
        of a lump-sum credit under section 815 (a) or (b);
shall be determined in accordance with that spousal agreement 
or court order, if and to the extent expressly provided for in 
the terms of that spousal agreement or court order.
    (B) This paragraph shall not apply in the case of any 
spousal agreement or court order which, as determined by the 
Secretary of State--
          (i) would provide for a survivor annuity for a spouse 
        or any former spouse of a participant with respect to 
        which there has not been an annuity reduction (or a 
        salary reduction or payment under section 814(c)(3)); 
        or
          (ii) is otherwise inconsistent with the requirements 
        of this subchapter.\209\
    (2) Except with respect to obligations between participants 
and former spouses, payments under this subchapter \209\ which 
would otherwise be made to a participant or annuitant based 
upon his or her service shall be paid (in whole or in part) by 
the Secretary of State to another individual to the extent 
expressly provided for in the terms of any order or any court 
decree of legal separation, or the terms of any court order or 
court-approved property settlement agreement incident to any 
court decree of legal separation.
    (3) Paragraphs (1) and (2) shall apply only to payments 
made under this subchapter \209\ for periods beginning after 
the date of receipt by the Secretary of State of written notice 
of such decree, order, or agreement, and such additional 
information and such documentation as the Secretary of State 
may require.
    (4) Any payment under this subsection to an individual bars 
recovery by any other individual.
    (5) The 10-year requirement of section 804(b)(6), or any 
other provision of this subchapter,\209\ shall not be construed 
to affect the rights any spouse or individual formerly married 
to a participant or annuitant may have, under any law or rule 
of law of any State or the District of Columbia, with respect 
to an annuity of a participant or annuitant under this 
subchapter.\209\
    (c) None of the moneys mentioned in this subchapter \209\ 
shall be assignable either in law or equity, except under 
subsection (a) or (b) of this section, or subject to execution, 
levy, attachment, garnishment, or other legal process, except 
as otherwise may be provided by Federal law.
    Sec. 821.\241\ Payments for Future Benefits.--(a) Any 
statute which authorizes--
---------------------------------------------------------------------------
    \241\ 22 U.S.C. 4061.
---------------------------------------------------------------------------
          (1) new or liberalized benefits payable from the Fund 
        under this subchapter,\209\ including annuity increases 
        other than under section 825;
          (2) extension of the benefits of the System to new 
        groups of employees; or
          (3) increases in salary on which benefits are 
        computed;
is deemed to authorize appropriations to the Fund to finance 
the unfunded liability created by that statute, in 30 equal 
annual installments with interest computed at the rate used in 
the then most recent valuation of the System and with the first 
payment thereof due as of the end of the fiscal year in which 
each new or liberalized benefit, extension of benefits, or 
increase in salary is effective.
    (b) There is authorized to be appropriated to the Fund for 
each fiscal year an amount equal to the amount of the Foreign 
Service normal cost for that year which is not met by 
contributions to the Fund under section 805(a).
    Sec. 822.\242\ Unfunded Liability Obligations.--(a) At the 
end of each fiscal year, the Secretary of State shall notify 
the Secretary of the Treasury of the amount equivalent to--
---------------------------------------------------------------------------
    \242\ 22 U.S.C. 4062.
---------------------------------------------------------------------------
          (1) interest on the unfunded liability computed for 
        that year at the interest rate used in the then most 
        recent valuation of the System, and
          (2) that portion of disbursement for annuities for 
        that year which the Secretary of State estimates is 
        attributable to credit allowed for military and naval 
        service, less an amount determined by the Secretary of 
        State to be appropriate to reflect the value of the 
        deposits made to the credit of the Fund under section 
        805(e).\243\
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    \243\ Sec. 4(d) of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443) added the words to this point beginning with ``, less an amount 
determined * * *''.
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    (b) Before closing the accounts for each fiscal year, the 
Secretary of the Treasury shall credit such amounts to the 
Fund, as a Government contribution, out of any money in the 
Treasury of the United States not otherwise appropriated.
    (c) Requests for appropriations to the Fund under section 
821(b) shall include reports to the Congress on the sums 
credited to the Fund under this section.
    Sec. 823.\244\ Annuity Adjustment for Recall Service.--(a) 
Any annuitant recalled to duty in the Service under section 
308(a) shall, while so serving, be entitled in lieu of annuity 
to the full salary of the class in which serving. During such 
service the recalled annuitant shall make contributions to the 
Fund in accordance with section 805. On the day following 
termination of the recall service, the former annuity shall be 
resumed, adjusted by any cost-of-living increases under section 
825 that became effective during the recall period.
---------------------------------------------------------------------------
    \244\ 22 U.S.C. 4063.
---------------------------------------------------------------------------
    (b) If the recall service lasts less than one year, the 
contributions of the annuitant to the Fund during recall 
service shall be refunded in accordance with section 815. If 
the recall service lasts more than one year, the annuitant may, 
in lieu of such refund, elect a supplemental annuity computed 
under section 806 on the basis of service credit and average 
salary earned during the recall period irrespective of the 
number of years of service credit previously earned. If the 
recall service continues for at least 5 years, the annuitant 
may elect to have his or her annuity determined anew under 
section 806 in lieu of any other benefits under this section. 
Any annuitant who is recalled under section 308 may upon 
written application count as recall service any prior service 
that is creditable under section 816 that was performed after 
the separation upon which his or her annuity is based.
    (c) \245\ If an annuitant becomes subject to subchapter II 
of this chapter by reason of recall service--
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    \245\ Subsection (c) was added by sec. 409 of Public Law 99-335 
(100 Stat 612).
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          (1) subsections (a) and (b) shall not apply to such 
        annuitant; and
          (2) section 824 shall apply to the recall service as 
        if such service were reemployment.
    Sec. 824.\246\ Reemployment.--(a)(1) \247\ (A) Except in 
the case of an annuitant who makes an election under subsection 
(b) or in the case of a waiver under subsection (g),\248\ if 
any former participant, who has retired and is receiving an 
annuity under this subchapter \209\ or subchapter II of this 
chapter, becomes employed in an appointive or elective position 
in the Government, payment of any annuity under either 
subchapter to the annuitant shall terminate effective on the 
date of the employment and the reemployment service shall be 
covered service under the rules of the system under which the 
appointment is made.
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    \246\ 22 U.S.C. 4064. This section was comprehensively amended and 
restated by section 410 of Public Law 99-335 (100 Stat. 613).
    \247\ So in original. There is no par. (2).
    \248\ Sec. 103(1) of Public Law 105-277 (112 Stat. 2681-585) 
inserted ``or in the case of a waiver under subsection (g)'' after 
``subsection (b)''.
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    (B) If the annuity of an individual is terminated under 
subparagraph (A) and that individual becomes covered under the 
same retirement system from which that annuity is terminated, 
that individual shall be entitled to a redetermination of 
rights under that system upon termination of the employment.
    (C) If the annuity is terminated and the individual becomes 
covered under another contributory retirement system for 
Government employees pursuant to paragraph (A), the individual 
shall be entitled to benefits under the rules of that system. 
In addition, the individual shall be entitled to a resumption 
of any annuity terminated by reason of the employment.
    (b)(1) A participant who is entitled to an annuity under 
this subchapter or subchapter II of this chapter and becomes 
employed in an appointive or elective position in the 
Government on a part-time, intermittent, or temporary basis may 
elect to continue to receive either or both annuities as 
provided in this subsection.
    (2) The total annuity payable under this chapter to an 
annuitant making an election under paragraph (1) shall be 
reduced during the part-time, intermittent, or temporary 
employment referred to in paragraph (1) as necessary to meet 
the requirements of paragraph (3).
    (3) \249\ (A) The sum of--
---------------------------------------------------------------------------
    \249\ Sec. 403 of Public Law 99-556 (100 Stat. 3136) substantially 
amended and restated par. (3).
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          (i) the total annuity payable under this chapter to 
        an annuitant making an election under paragraph (1), 
        and
          (ii) the annual rate of pay payable to the annuitant 
        during the part-time, intermittent, or temporary 
        employment referred to in paragraph (1),
may not exceed, in any calendar year, the amount described in 
subparagraph (B).
    (B) The amount referred to in subparagraph (A) is the 
greater of--
          (i) the highest annual rate of basic pay which is 
        payable during such year for full-time employment in 
        the position in which the annuitant is employed, or
          (ii) the basic pay the annuitant was entitled to 
        receive under this Act on the date of retirement from 
        the Service.
    (C) For purposes of this section, the term ``annuity'' 
means the annuity earned by the reemployed member based on his 
or her service irrespective of whether or not the amount 
payable is reduced by the amount of an annuity payable under 
section 814 or 820(b).
    (4) Upon termination of the part-time, intermittent, or 
temporary employment referred to in paragraph (1), payment of 
the full annuity of an annuitant who has made an election under 
paragraph (1) of this subsection shall resume.
    (c) The amount of annuity which has been terminated or 
reduced under this section by reason of the reemployment of the 
annuitant and is resumed under this section shall be the amount 
of the annuity which would have been payable if the annuitant 
had not accepted the reemployment. The amount of an annuity 
resulting from a redetermination of rights pursuant to 
subsection (a) shall not be less than the amount of an annuity 
resumed under the previous sentence.
    (d) The annuity rights of any participant who is reemployed 
in the Government shall be determined under this section 
instead of section 8468 of title 5, United States Code.
    (e) When any such retired participant is reemployed, the 
employer shall send a notice of such reemployment to the 
Secretary of State, together with all pertinent information 
relating to such employment, and shall pay directly to such 
participant the salary of the position in which he or she is 
serving.
    (f) In the event of any overpayment under this section, 
such overpayment shall be recovered by withholding the amount 
involved from the salary payable to such reemployed participant 
or from any other moneys, including annuity payments, payable 
under this chapter.\250\
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    \250\ The word ``chapter'' probably should read ``subchapter''.
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    (g) \251\ The Secretary of State may waive the application 
of the paragraphs (a) through (d) of this section, on a case-
by-case basis, for an annuitant reemployed on a temporary 
basis, but only if, and for so long as, the authority is 
necessary due to an emergency involving a direct threat to life 
or property or other unusual circumstances.
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    \251\ Sec. 103(2) of Public Law 105-277 (112 Stat. 2681-585) added 
new subsecs. (g) and (h).
---------------------------------------------------------------------------
    (h) \251\ A reemployed annuitant as to whom a waiver under 
subsection (g) is in effect shall not be considered a 
participant for purposes of subchapter I or subchapter II, or 
an employee for purposes of chapter 83 or 84 of title 5, United 
States Code.
    Sec. 825.\252\ Voluntary Contributions.--(a) \253\ The 
voluntary contribution account shall be the sum of unrefunded 
amounts voluntarily contributed prior to the effective date of 
this Act by any participant or former participant under any 
prior law authorizing such contributions to the Fund, plus 
interest compounded at the rate of 3 percent per year to the 
date of separation from the Service or (in case of participant 
or former participant separated with entitlement to a deferred 
annuity) to the date the voluntary contribution account is 
claimed, the commencing date fixed for the deferred annuity, or 
the date of death, whichever is earlier. Effective on the date 
the participant becomes eligible for an annuity or a deferred 
annuity and at the election of the participant, his or her 
account shall be--
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    \252\ 22 U.S.C. 4065.
    \253\ Sec. 1 of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443; 22 U.S.C. 4067 note) provided the following:
    ``Section 1. Interest Rates, Deposits, Refunds, and Redeposits. (a) 
The second sentence of Section 805(d)(3) of the Act (22 U.S.C. 
4045(d)(3)), the first sentence of sec. 815(h) (22 U.S.C. 4055(h)), and 
the first sentence of Section 825(a) (22 U.S.C. 4065(a)), are deemed to 
be amended to provide that interest shall be compounded at the annual 
rate of 3 percent per annum through December 31, 1984, and thereafter 
at a rate equal to the overall average yield to the Fund during the 
preceding fiscal year from all obligations purchased by the Secretary 
of the Treasury during such fiscal year under section 819, as 
determined by the Secretary of the Treasury.
    ``(b) * * *
    ``(c) The amendments deemed to be made by section 1 of this Order 
shall apply (i) to contributions for civil service performed on or 
after the first day of the month following issuance of this Order, (ii) 
to contributions for prior refunds to participants for which 
application is received by the employing agency on and after such first 
day of the month, and (iii) to excess contributions under section 
815(h) and voluntary contributions under section 825(a) from the first 
day of the month following issuance of this Order.''.
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          (1) returned in a lump sum;
          (2) used to purchase an additional life annuity;
          (3) used to purchase an additional life annuity for 
        the participant and to provide for a cash payment on 
        his or her death to a beneficiary whose name shall be 
        notified in writing to the Secretary of State by the 
        participant; or
          (4) used to purchase an additional life annuity for 
        the participant and a life annuity commencing on his or 
        her death payable to a beneficiary whose name shall be 
        notified in writing to the Secretary of State by the 
        participant, with a guaranteed return to the 
        beneficiary or his or her legal representative of an 
        amount equal to the cash payment referred to in 
        paragraph (3).
    (b) The benefits provided by subsection (a) (2), (3), or 
(4) shall be actuarially equivalent in value to the payment 
provided for by subsection (a)(1) and shall be calculated upon 
such tables of mortality as may be from time to time prescribed 
for this purpose by the Secretary of the Treasury.
    (c) A voluntary contribution account shall be paid in a 
lump sum following receipt of an application therefor from a 
present or former participant if application is filed prior to 
payment of any additional annuity. If not sooner paid, the 
account shall be paid at such time as the participant separates 
from the Service for any reason without entitlement to an 
annuity or a deferred annuity or at such time as a former 
participant dies or withdraws compulsory contributions to the 
Fund. In case of death, the account shall be paid in the order 
of precedence specified in section 815(f).
    Sec. 826.\254\ Cost-of-Living Adjustments of Annuities.--
(a) A cost-of-living annuity increase shall become effective 
under this section on the effective date of each such increase 
under section 8340(b) of title 5, United States Code. Each such 
increase shall be applied to each annuity payable from the Fund 
under this subchapter \209\ which has a commencing date not 
later than the effective date of the increase.
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    \254\ 22 U.S.C. 4066.
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    (b) Each annuity increase under this section shall be 
identical to the corresponding percentage increase under 
section 8340(b) of title 5, United States Code.
    (c) Eligibility for an annuity increase under this section 
shall be governed by the commencing date of each annuity 
payable from the Fund as of the effective date of an increase 
except as follows:
          (1) \255\ The first increase (if any) made under this 
        section to an annuity which is payable from the Fund to 
        a participant or to the surviving spouse or former 
        spouse of a deceased participant who died in service or 
        a deceased annuitant whose annuity was not increased 
        under this section, shall be equal to the product 
        (adjusted to the nearest \1/10\ of 1 percent) of--
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    \255\ Sec. 219 of Public Law 100-238 (101 Stat. 1775) restated par. 
(1).
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                  (A) \1/12\ of the applicable percent change 
                computed under subsection (b) of this Section, 
                multiplied by
                  (B) the number of months (counting any 
                portion of a month as a month)--
                          (i) for which the annuity was payable 
                        from the Fund before the effective date 
                        of the increase, or
                          (ii) in the case of a surviving 
                        spouse or former spouse of a deceased 
                        annuitant whose annuity has not been so 
                        increased, since the annuity was first 
                        payable to the deceased annuitant.
          (2) Effective from its commencing date, an annuity 
        under this subchapter \209\ payable from the Fund to 
        the survivor of an annuitant, except a child entitled 
        to an annuity under section 806(c) or 809 (c) or (d), 
        shall be increased by the total percentage increase the 
        annuitant was receiving under this section at death.
          (3) For purposes of computing or recomputing an 
        annuity to a child under section 806 (c) or (d) or 809 
        (c) or (d), the items $900, $1,080, $2,700, and $3,240 
        appearing in section 806(c) shall be increased by the 
        total percentage increases by which correspondence 
        amounts are being increased under section 8340 of title 
        5, United States Code, on the date the annuity of the 
        child becomes effective.
    (d) No increase in annuity provided by this section shall 
be computed on any additional annuity purchased at retirement 
by voluntary contributions.
    (e) The monthly installment of annuity after adjustment 
under this section shall be rounded to the next lowest 
dollar,\256\ except such installment shall after adjustment 
reflect an increase of at least $1.
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    \256\ Sec. 2(a) of Executive Order 12446 (October 17, 1983; 38 F.R. 
48443; 22 U.S.C. 4067 note) substituted the words ``rounded to the next 
lowest'' in lieu of the words ``fixed at the nearest''. Sec. 2(b) of 
Executive Order 12446 further stated that this amendment ``shall be 
effective with respect to any adjustment or redetermination of any 
annuity made on or after the date of this Order.''.
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    (f) Effective from its commencing date, there shall be an 
increase of 10 percent in the annuity of each surviving spouse 
whose entitlement to annuity resulted from the death of an 
annuitant who, prior to October 1, 1976, elected a reduced 
annuity in order to provide a spouse's survivor annuity.
    (g) \257\ (1) An annuity shall not be increased by reason 
of any adjustment under this section to an amount which exceeds 
the greater of--
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    \257\ Sec. 6(a) of Executive Order 12446 (October 17, 1983; 48 F.R. 
48443; 22 U.S.C. 4067 note) added subsec. (g). Sec. 6(b) of Executive 
Order 12446 provided the following:
    ``(b) The amendment made by subsection (a) of this Section shall 
not cause any annuity to be reduced below the rate that is payable on 
the date of approval of this Order, but shall apply to any adjustment 
occurring on or after April 1, 1983 under Section 826 of the Act to any 
annuity payable from the Foreign Service Retirement and Disability 
Fund, whether such annuity has a commencing date before, on, or after 
the date of this Order.''.
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          (A) the maximum pay rate payable for class FS-1 under 
        section 403, 30 days before the effective date of the 
        adjustment under this section; or
          (B) the final pay (or average pay, if higher) of the 
        former participant with respect to whom the annuity is 
        paid, increased by the overall annual average 
        percentage adjustments (compounded) in rates of pay of 
        the Foreign Service Schedule under such section 403 
        during the period--
                  (i) beginning on the date the annuity 
                commenced (or, in the case of a survivor of the 
                retired participant, the date the participant's 
                annuity commenced), and
                  (ii) ending on the effective date of the 
                adjustment under this section.
    (2) For the purposes of paragraph (1) of this subsection, 
``pay'' means the rate of salary or basic pay as payable under 
any provision of law, including any provisions of law limiting 
the expenditure of appropriated funds.
    Sec. 827.\258\ Compatibility Between Civil Service and 
Foreign Service Retirement Systems.--(a) \259\ In order to 
maintain existing conformity between the Civil Service 
Retirement and Disability System under subchapter III of 
chapter 83 of title 5, United States Code, and the Foreign 
Service Retirement and Disability System, whenever a law of 
general applicability is enacted which--
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    \258\ 22 U.S.C. 4067.
    \259\ Sec. 13(h)(2) of Public Law 102-54 (105 Stat. 275) provided 
that ``Any reference to the Veterans' Administration in any regulation 
prescribed or Executive order issued pursuant to section 827(a) of the 
Foreign Service Act of 1980 (22 U.S.C. 4067(a)) shall be deemed to be a 
reference to the Department of Veterans Affairs.''.
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          (1) affects the treatment of current or former 
        participants, annuitants, or survivors under the Civil 
        Service Retirement and Disability System; and
          (2) affects treatment which, immediately prior to the 
        enactment of such law, was substantially identical to 
        the treatment accorded to participants, former 
        participants, annuitants, or survivors under the 
        Foreign Service Retirement and Disability System;
such law shall be extended in accordance with subsection (b) to 
the Foreign Service Retirement and Disability System so that it 
applies in like manner with respect to participants, former 
participants, annuitants, or survivors under that System.
    (b) The President shall by Executive order prescribe 
regulations to implement this section and may make such 
extension retroactive to a date no earlier than the effective 
date of the provision of law applicable to the Civil Service 
Retirement and Disability System. Any provision of an Executive 
order issued under this section shall modify, supersede, or 
render inapplicable, as the case may be, to the extent 
inconsistent therewith--
          (1) all provisions of law enacted prior to the 
        effective date of that provision of the Executive 
        order, and
          (2) any prior provision of an Executive order issued 
        under this section.
    (c) \260\ The President shall maintain, under the same 
conditions and in the same manner as provided in subsections 
(a) and (b) existing conformity between the Federal Employees' 
Retirement System provided in chapter 84 of title 5, United 
States Code, and the Foreign Service Pension System provided in 
subchapter II of this chapter.
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    \260\ Subsection (c) was added by sec. 411 of Public Law 99-335 
(100 Stat. 614).
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    Sec. 828.\261\ Remarriage.--Notwithstanding any other 
provision of this subchapter, any benefit payable under this 
subchapter to a surviving spouse, former spouse, or surviving 
former spouse that would otherwise terminate or be lost if the 
individual remarried before 60 years of age, shall not 
terminate or be lost if the remarriage occurred on or after 
November 8, 1984, and the individual was 55 years of age or 
over on the date of the remarriage.
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    \261\ 22 U.S.C. 4068. Section 828 was added by sec. 412 of Public 
Law 99-335 (100 Stat. 614).
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    Sec. 829.\262\ Thrift Savings Fund Participation.--
Participants in this System shall be deemed to be employees for 
the purposes of section 8351 of Title 5. Any reference in such 
section 8351 or in subchapter III of chapter 84 of such Title 5 
to retirement or separation under subchapter III of chapter 83 
or chapter 84 of such Title 5 shall be deemed to be references 
to retirement or separation under part I or II of this 
subchapter with similar benefits or entitlements with respect 
to participants under such part I or II of this subchapter, 
respectively.
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    \262\ 22 U.S.C. 4069. Sec. 829 was added by sec. 404(a) of Public 
Law 99-556 (100 Stat. 3137).
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    Sec. 830.\263\ Qualified Former Wives and Husbands.--(a) 
Notwithstanding section 4(h) of the Civil Service Retirement 
Spouse Equity Act of 1984, section 827 of this Act shall apply 
with respect to section 8339(j), section 8341(e), and section 
8341(h) of title 5, United States Code, and section 4 (except 
for subsection (b)) of the Civil Service Retirement Spouse 
Equity Act of 1984 to the extent that those sections apply to a 
qualified former wife or husband. For the purposes of this 
section any reference in the Civil Service Retirement Spouse 
Equity Act of 1984 to the effective date of that Act shall be 
deemed to be a reference to the effective date of this section.
---------------------------------------------------------------------------
    \263\ 22 U.S.C. 4069-1. Sec. 202 of Public Law 100-238 (101 Stat. 
1768) added this sec. 830.
---------------------------------------------------------------------------
    (b)(1) Payments pursuant to this section which would 
otherwise be made to a participant or former participant based 
upon his service shall be paid (in whole or in part) by the 
Secretary of State to another person if and to the extent 
expressly provided for in the terms of any court order or 
spousal agreement. Any payment under this paragraph to a person 
bars recovery by any other person.
    (2) Paragraph (1) shall only apply to payments made by the 
Secretary of State under this chapter after the date of receipt 
by the Secretary of State of written notice of such court order 
or spousal agreement and such additional information and 
documentation as the Secretary of State may prescribe.
    (c) For the purposes of this section, the term ``qualified 
former wife or husband'' means a former wife or husband of an 
individual if--
          (1) such individual performed at least 18 months of 
        civilian service creditable under this chapter; and
          (2) the former wife or husband was married to such 
        individual for at least 9 months but not more than 10 
        years.
    (d) Regulations issued pursuant to section 827 to implement 
this section shall be submitted to the Committee on Post Office 
and Civil Service and the Committee on Foreign Affairs of the 
House of Representatives \264\ and the Committee on 
Governmental Affairs and the Committee on Foreign Relations of 
the Senate. Such regulations shall not take effect until 60 
days after the date on which such regulations are submitted to 
the Congress.
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    \264\ Sec. 1(b)(2) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Post Office and Civil Service of 
the House of Representatives shall be treated as a reference to the 
House Committee on Government Reform and Oversight. Sec. 1(a)(5) of 
that Act (109 Stat. 186) provided that references to the Committee on 
Foreign Affairs shall be treated as referring to the Committee on 
International Relations.
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    Sec. 830.\265\ Retirement Benefits For Certain Former 
Spouses.--(a) Any individual who was a former spouse of a 
participant or former participant on February 14, 1981, shall 
be entitled, to the extent or in such amounts as are provided 
in advance in appropriations Acts, and except to the extent 
such former spouse is disqualified under subsection (b), to 
benefits--
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    \265\ 22 U.S.C. 4069a. Sec. 188 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1369) added this sec. 830. Sec. 1331 of the Foreign Affairs 
Agencies Consolidation Act of 1998 (subdivision A of division G of 
Public Law 105-277; 112 Stat. 2681-785) provided the following:
    ``SEC. 1331. REFERENCES.
    ``(a) In General.--Except as otherwise provided in this 
subdivision, any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
---------------------------------------------------------------------------

          ``(1) the Director of the United States Information Agency or 
        the Director of the International Communication Agency shall be 
        deemed to refer to the Secretary of State; and
          ``(2) the United States Information Agency, USIA, or the 
        International Communication Agency shall be deemed to refer to 
        the Department of State.
---------------------------------------------------------------------------
    ``(b) Continuing References to USIA or Director.--Subsection (a) 
shall not apply to section 146 (a), (b), or (c) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
4069a(f), 4069b(g), or 4069c(f)).''.
    Subsec. (b) of sec. 1331, as it refers to 146(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991, refers to 
subsec. (f) of this section.
---------------------------------------------------------------------------
          (1) if married to the participant throughout the 
        creditable service of the participant, equal to 50 
        percent of the benefits of the participant; or
          (2) if not married to the participant throughout such 
        creditable service, equal to that former spouse's pro 
        rata share of 50 percent of such benefits.
  (b) A former spouse shall not be entitled to benefits under 
this section if--
          (1) the former spouse remarries before age 55; or
          (2) the former spouse was not married to the 
        participant at least 10 years during service of the 
        participant which is creditable under this chapter with 
        at least 5 years occurring while the participant was a 
        member of the Foreign Service.
  (c)(1) The entitlement of a former spouse to benefits under 
this section--
          (A) shall commence on the later of--
                  (i) the day the participant upon whose 
                service the benefits are based becomes entitled 
                to benefits under this chapter; or
                  (ii) the first day of the month in which the 
                divorce or annulment involved becomes final; 
                and
          (B) shall terminate on the earlier of--
                  (i) the last day of the month before the 
                former spouse dies or remarries before 55 years 
                of age; or
                  (ii) the date the benefits of the participant 
                terminates.
  (2) Notwithstanding paragraph (1), in the case of any former 
spouse of a disability annuitant--
          (A) the benefits of the former spouse shall commence 
        on the date the participant would qualify on the basis 
        of his or her creditable service for benefits under 
        this chapter (other than a disability annuity) or the 
        date the disability annuity begins, whichever is later, 
        and
          (B) the amount of benefits of the former spouse shall 
        be calculated on the basis of benefits for which the 
        participant would otherwise so qualify.
  (3) Benefits under this section shall be treated the same as 
an annuity under section 814(a)(7) for purposes of section 
806(h) or any comparable provision of law.
  (4)(A) Benefits under this section shall not be payable 
unless appropriate written application is provided to the 
Secretary, complete with any supporting documentation which the 
Secretary may by regulation require, within 30 months after the 
effective date of this section. The Secretary may waive the 30-
month application requirement under this subparagraph in any 
case in which the Secretary determines that the circumstances 
so warrant.
  (B) Upon approval of an application provided under 
subparagraph (A), the appropriate benefits shall be payable to 
the former spouse with respect to all periods before such 
approval during which the former spouse was entitled to such 
benefits under this section, but in no event shall benefits be 
payable under this section with respect to any period before 
the effective date of this section.
  (d) For the purposes of this section, the term `benefits' 
means--
          (1) with respect to a participant or former 
        participant subject to this subchapter, the annuity of 
        the participant or former participant; and
          (2) with respect to a participant or former 
        participant subject to subchapter II, the benefits of 
        the participant or former participant under that 
        subchapter.
  (e) Nothing in this section shall be construed to impair, 
reduce, or otherwise affect the annuity or the entitlement to 
an annuity of a participant or former participant under this 
chapter.
    (f) \266\ Any individual who on February 14, 1981, was an 
otherwise qualified former spouse pursuant to this section, but 
who was married to a former Foreign Service employee of the 
United States Information Agency or of the Agency for 
International Development, shall be entitled to benefits under 
this section if--
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    \266\ Sec. 146(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 37), added 
subsec. (f).
---------------------------------------------------------------------------
          (1) the former employee retired from the Civil 
        Service Retirement and Disability System on a date 
        before his employing agency could legally participate 
        in the Foreign Service Retirement and Disability 
        System; and
          (2) the marriage included at least five years during 
        which the employee was assigned overseas.
    Sec. 831.\267\ Retirement Benefits for Certain Former 
Spouses.
---------------------------------------------------------------------------
    \267\ 22 U.S.C. 4069a-1. Enacted by sec. 204(a) of Public Law 100-
238 (101 Stat. 1770).
---------------------------------------------------------------------------
    (a) Any individual who was a former spouse of a participant 
or former participant on February 14, 1981, shall be entitled, 
to the extent of available appropriations, and except to the 
extent such former spouse is disqualified under subsection (b), 
to benefits--
          (1) if married to the participant throughout the 
        creditable service of the participant, equal to 50 
        percent of the benefits of the participant; or
          (2) if not married to the participant throughout such 
        creditable service, equal to that former spouse's pro 
        rata share of 50 percent of such benefits.
    (b) A former spouse shall not be entitled to benefits under 
this section if--
          (1) the former spouse remarries before age 55; or
          (2) the former spouse was not married to the 
        participant at least 10 years during service of the 
        participant which is creditable under this chapter with 
        at least 5 years occurring while the participant was a 
        member of the Foreign Service.
    (c)(1) The entitlement of a former spouse to benefits under 
this section--
          (A) shall commence on the later of--
                  (i) the day the participant upon whose 
                service the benefits are based becomes entitled 
                to benefits under this chapter; or
                  (ii) the first day of the month in which the 
                divorce or annulment involved becomes final; 
                and
          (B) shall terminate on the earlier of--
                  (i) the last day of the month before the 
                former spouse dies or remarries before 55 years 
                of age; or
                  (ii) the date of the benefits of the 
                participant terminates.
    (2) Notwithstanding paragraph (1), in the case of any 
former spouse of a disability annuitant--
          (A) the benefits of the former spouse shall commence 
        on the date the participant would qualify on the basis 
        of his or her creditable service for benefits under 
        this chapter (other than a disability annuity) or the 
        date the disability annuity begins, whichever is later, 
        and
          (B) the amount of benefits of the former spouse shall 
        be calculated on the basis of benefits for which the 
        participant would otherwise so qualify.
    (3) Benefits under this section shall be treated the same 
as an annuity under section 814(a)(7) for purposes of section 
806(h) or any comparable provision of law.
    (4)(A) Benefits under this section shall not be payable 
unless appropriate written application is provided to the 
Secretary, complete with any supporting documentation which the 
Secretary may by regulation require, within 30 months after the 
effective date of this section. The Secretary may waive the 30-
month application requirement under this subparagraph in any 
case in which the Secretary determines that the circumstances 
so warrant.
    (B) Upon approval of an application provided under 
subparagraph (A), the appropriate benefits shall be payable to 
the former spouse with respect to all periods before such 
approval during which the former spouse was entitled to such 
benefits under this section, but in no event shall benefits be 
payable under this section with respect to any period before 
the effective date of this section.
    (d) For the purpose of this section, the term ``benefits'' 
means--
          (1) with respect to a participant or former 
        participant subject to this subchapter, the annuity of 
        the participant or former participant; and
          (2) with respect to a participant or former 
        participant subject to subchapter II, the benefits of 
        the participant or former participant under that 
        subchapter.
    (e) Nothing in this section shall be construed to impair, 
reduce, or otherwise affect the annuity or the entitlement to 
an annuity of a participant or former participant under this 
chapter.
    Sec. 831.\268\ Survivor Benefits For Certain Former 
Spouses.--(a) Any individual who was a former spouse of a 
participant or former participant on February 14, 1981, shall 
be entitled, to the extent or in such amounts as are provided 
in advance in appropriations Acts, and except to the extent 
such former spouse is disqualified under subsection (b), to a 
survivor annuity equal to 55 percent of the greater of--
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    \268\ 22 U.S.C. 4069b. Sec. 188 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1369), added sec. 831. Sec. 1331 of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-785) provided the following:
    ``SEC. 1331. REFERENCES.
    ``(a) In General.--Except as otherwise provided in this 
subdivision, any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
---------------------------------------------------------------------------

          ``(1) the Director of the United States Information Agency or 
        the Director of the International Communication Agency shall be 
        deemed to refer to the Secretary of State; and
          ``(2) the United States Information Agency, USIA, or the 
        International Communication Agency shall be deemed to refer to 
        the Department of State.
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    ``(b) Continuing References to USIA or Director.--Subsection (a) 
shall not apply to section 146 (a), (b), or (c) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
4069a(f), 4069b(g), or 4069c(f)).''.
    Subsec. (b) of sec. 1331, as it refers to 146(b) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991, refers to 
subsec. (g) of this section.
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          (1) the full amount of the participant's or former 
        participant's annuity, as computed under this chapter; 
        or
          (2) the full amount of what such annuity as so 
        computed would be if the participant or former 
        participant had not withdrawn a lump-sum portion of 
        contributions made with respect to such annuity.
  (b) If an election has been made with respect to such former 
spouse under section 2109 or 806(f), then the survivor annuity 
under subsection (a) of such former spouse shall be equal to 
the full amount of the participant's or former participant's 
annuity referred to in subsection (a) less the amount of such 
election.
  (c) A former spouse shall not be entitled to a survivor 
annuity under this section if--
          (1) the former spouse remarries before age 55; or
          (2) the former spouse was not married to the 
        participant at least 10 years during service of the 
        participant which is creditable under this chapter with 
        at least 5 years occurring while the participant was a 
        member of the Foreign Service.
  (d)(1) The entitlement of a former spouse to a survivor 
annuity under this section--
          (A) shall commence--
                  (i) in the case of a former spouse of a 
                participant or former participant who is 
                deceased as of the effective date of this 
                section, beginning on such date; and
                  (ii) in the case of any other former spouse, 
                beginning on the later of--
                          (I) the date that the participant or 
                        former participant to whom the former 
                        spouse was married dies; or
                          (II) the effective date of this 
                        section; and
          (B) shall terminate on the last day of the month 
        before the former spouse's death or remarriage before 
        attaining the age 55.
  (2)(A) A survivor annuity under this section shall not be 
payable unless appropriate written application is provided to 
the Secretary, complete with any supporting documentation which 
the Secretary may by regulation require, within 30 months after 
the effective date of this section. The Secretary may waive the 
30-month application requirement under this subparagraph in any 
case in which the Secretary determines that the circumstances 
so warrant.
  (B) Upon approval of an application provided under 
subparagraph (A), the appropriate survivor annuity shall be 
payable to the former spouse with respect to all periods before 
such approval during which the former spouse was entitled to 
such annuity under this section, but in no event shall a 
survivor annuity be payable under this section with respect to 
any period before the effective date of this section.
  (e) The Secretary shall--
          (1) as soon as possible, but not later than 60 days 
        after the effective date of this section, issue such 
        regulations as may be necessary to carry out this 
        section; and
          (2) to the extent practicable, and as soon as 
        possible, inform each individual who was a former 
        spouse of a participant or former participant on 
        February 14, 1981, of any rights which such individual 
        may have under this section.
  (f) Nothing in this section shall be construed to impair, 
reduce, or otherwise affect the annuity or the entitlement to 
an annuity of a participant or former participant under this 
chapter.
    (g) \269\ Any individual who on February 14, 1981, was an 
otherwise qualified former spouse pursuant to this section, but 
who was married to a former Foreign Service employee of the 
United States Information Agency or of the Agency for 
International Development, shall be entitled to benefits under 
this section if--
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    \269\ Sec. 146(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 37), added 
subsec. (g).
---------------------------------------------------------------------------
          (1) the former employee retired from the Civil 
        Service Retirement and Disability System on a date 
        before his employing agency could legally participate 
        in the Foreign Service Retirement and Disability 
        System; and
          (2) the marriage included at least five years during 
        which the employee was assigned overseas.
    Sec. 832.\270\ Survivor Benefits for Certain Former 
Spouses.
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    \270\ 22 U.S.C. 4069b-1. Enacted by sec. 204(a) of Public Law 100-
238 (101 Stat. 1770).
---------------------------------------------------------------------------
    (a) Any individual who was a former spouse of a participant 
or former participant on February 14, 1981, shall be entitled, 
to the extent of available appropriations, and except to the 
extent such former spouse is disqualified under subsection (b), 
to a survivor annuity equal to 55 percent of the greater of--
          (1) the full amount of the participant's or former 
        participant's annuity, as computed under this chapter; 
        or
          (2) the full amount of what such annuity as so 
        computed would be if the participant or former 
        participant had not withdrawn a lump-sum portion of 
        contributions made with respect to such annuity.
    (b) If an election has been made with respect to such 
former spouse under section 2109 or 806(f), then the survivor 
annuity under subsection (a) of such former spouse shall be 
equal to the full amount of the participant's or former 
participant's annuity referred to in subsection (a) less the 
amount of such election.
    (c) A former spouse shall not be entitled to a survivor 
annuity under this section if--
          (1) the former spouse remarries before age 55; or
          (2) the former spouse was not married to the 
        participant at least 10 years during service of the 
        participant which is creditable under this chapter with 
        at least 5 years occurring while the participant was a 
        member of the Foreign Service.
    (d)(1) The entitlement of a former spouse to a survivor 
annuity under this section--
          (A) shall commence--
                  (i) in the case of a former spouse of a 
                participant or former participant who is 
                deceased as of the effective date of this 
                section, beginning on such date; and
                  (ii) in the case of any other former spouse, 
                beginning on the later of--
                          (I) the date that the participant or 
                        former participant to whom the former 
                        spouse was married dies; or
                          (II) the effective date of this 
                        section; and
          (B) shall terminate on the last day of the month 
        before the former spouse's death or remarriage before 
        attaining the age 55.
    (2)(A) A survivor annuity under this section shall not be 
payable unless appropriate written application is provided to 
the Secretary, complete with any supporting documentation which 
the Secretary may by regulation require, within 30 months after 
the effective date of this section. The Secretary may waive the 
30-month application requirement under this subparagraph in any 
case in which the Secretary determines that the circumstances 
so warrant.
    (B) Upon approval of an application provided under 
subparagraph (A), the appropriate survivor annuity shall be 
payable to the former spouse with respect to all periods before 
such approval during which the former spouse was entitled to 
such annuity under this section, but in no event shall a 
survivor annuity be payable under this section with respect to 
any period before the effective date of this section.
    (e) The Secretary shall--
          (1) as soon as possible, but not later than 60 days 
        after the effective date of this section, issue such 
        regulations as may be necessary to carry out this 
        section; and
          (2) to the extent practicable, and as soon as 
        possible, inform each individual who was a former 
        spouse of a participant or former participant on 
        February 14, 1981, of any rights which such individual 
        may have under this section.
    (f) Nothing in this section shall be construed to impair, 
reduce, or otherwise affect the annuity or the entitlement to 
an annuity of a participant or former participant under this 
chapter.
    Sec. 832.\271\ Health Benefits For Certain Former 
Spouses.--(a) Except as provided in subsection (c)(1), any 
individual--
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    \271\ 22 U.S.C. 4069c. Sec. 188 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1369) added sec. 832. Sec. 1331 of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-785) provided the following:
    ``SEC. 1331. REFERENCES.
    ``(a) In General.--Except as otherwise provided in this 
subdivision, any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
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          ``(1) the Director of the United States Information Agency or 
        the Director of the International Communication Agency shall be 
        deemed to refer to the Secretary of State; and
          ``(2) the United States Information Agency, USIA, or the 
        International Communication Agency shall be deemed to refer to 
        the Department of State.
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    ``(b) Continuing References to USIA or Director.--Subsection (a) 
shall not apply to section 146 (a), (b), or (c) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 
4069a(f), 4069b(g), or 4069c(f)).''.
    Subsec. (b) of sec. 1331, as it refers to 146(c) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991, refers to 
subsec. (f) of this section.
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          (1) formerly married to an employee or former 
        employee of the Foreign Service, whose marriage was 
        dissolved by divorce or annulment before May 7, 1985;
          (2) who, at any time during the 18-month period 
        before the divorce or annulment became final, was 
        covered under a health benefits plan as a member of the 
        family of such employee or former employee; and
          (3) who was married to such employee for not less 
        than 10 years during periods of government service by 
        such employee, is eligible for coverage under a health 
        benefits plan in accordance with the provisions of this 
        section.
  (b)(1) Any individual eligible for coverage under subsection 
(a) may enroll in a health benefits plan for self alone or for 
self and family if, before the expiration of the 6-month period 
beginning on the effective date of this section, and in 
accordance with such procedures as the Director of the Office 
of Personnel Management shall by regulation prescribe, such 
individual--
          (A) files an election for such enrollment; and
          (B) arranges to pay currently into the Employees 
        Health Benefits Fund under section 8909 of title 5, 
        United States Code, an amount equal to the sum of the 
        employee and agency contributions payable in the case 
        of an employee enrolled under chapter 89 of such title 
        in the same health benefits plan and with the same 
        level of benefits.
  (2) The Secretary shall, as soon as possible, take all steps 
practicable--
          (A) to determine the identity and current address of 
        each former spouse eligible for coverage under 
        subsection (a); and
          (B) to notify each such former spouse of that 
        individual's rights under this section.
  (3) The Secretary shall waive the 6-month limitation set 
forth in paragraph (1) in any case in which the Secretary 
determines that the circumstances so warrant.
  (c)(1) Any former spouse who remarries before age 55 is not 
eligible to make an election under subsection (b)(1).
  (2) Any former spouse enrolled in a health benefits plan 
pursuant to an election under subsection (b)(1) may continue 
the enrollment under the conditions of eligibility which the 
Director of the Office of Personnel Management shall by 
regulation prescribe, except that any former spouse who 
remarries before age 55 shall not be eligible for continued 
enrollment under this section after the end of the 31-day 
period beginning on the date of remarriage.
  (d) No individual may be covered by a health benefits plan 
under this section during any period in which such individual 
is enrolled in a health benefits plan under any other 
authority, nor may any individual be covered under more than 
one enrollment under this section.
  (e) For purposes of this section the term ``health benefits 
plan'' means an approved health benefits plan under chapter 89 
of title 5, United States Code.
    (f) \272\ Any individual who on February 14, 1981, was an 
otherwise qualified former spouse pursuant to this section, but 
who was married to a former Foreign Service employee of the 
United States Information Agency or of the Agency for 
International Development, shall be entitled to benefits under 
this section if--
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    \272\ Sec. 146(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 37), added 
subsec. (f).
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          (1) the former employee retired from the Civil 
        Service Retirement and Disability System on a date 
        before his employing agency could legally participate 
        in the Foreign Service Retirement and Disability 
        System; and
          (2) the marriage included at least five years during 
        which the employee was assigned overseas.
    Sec. 833.\273\ Health Benefits for Certain Former Spouses.
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    \273\ 22 U.S.C. 4069c-1. Enacted by sec. 204(a) of Public Law 100-
238 (101 Stat. 1770).
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    (a) Except as provided in subsection (c)(1), any 
individual--
          (1) formerly married to an employee or former 
        employee of the Foreign Service, whose marriage was 
        dissolved by divorce or annulment before May 7, 1985;
          (2) who, at any time during the 18-month period 
        before the divorce or annulment became final, was 
        covered under a health benefits plan as a member of the 
        family of such employee or former employee; and
          (3) who was married to such employee for not less 
        than 10 years during periods of government service by 
        such employee, is eligible for coverage under a health 
        benefits plan in accordance with the provisions of this 
        section.
    (b)(1) Any individual eligible for coverage under 
subsection (a) may enroll in a health benefits plan for self 
alone or for self and family if, before the expiration of the 
6-month period beginning on the effective date of this section, 
and in accordance with such procedures as the Director of the 
Office of Personnel Management shall by regulation prescribe, 
such individual--
          (A) files an election for such enrollment; and
          (B) arranges to pay currently into the Employees 
        Health Benefits Fund under section 8909 of title 5, 
        United States Code, an amount equal to the sum of the 
        employee and agency contributions payable in the case 
        of an employee enrolled under chapter 89 of such title 
        in the same health benefits plan and with the same 
        level of benefits.
    (2) The Secretary shall, as soon as possible, take all 
steps practicable--
          (A) to determine the identity and current address of 
        each former spouse eligible for coverage under 
        subsection (a); and
          (B) to notify each such former spouse of that 
        individual's rights under this section.
          (3) The Secretary shall waive the 6-month limitation 
        set forth in paragraph (1) in any case in which the 
        Secretary determines that the circumstances so warrant.
    (c)(1) Any former spouse who remarries before age 55 is not 
eligible to make an election under subsection (b)(1).
    (2) Any former spouse enrolled in a health benefits plan 
pursuant to an election under subsection (b)(1) may continue 
the enrollment under the conditions of eligibility which the 
Director of the Office of Personnel Management shall by 
regulation prescribe, except that any former spouse who 
remarries before age 55 shall not be eligible for continued 
enrollment under this section after the end of the 31-day 
period beginning on the date of remarriage.
    (d) No individual may be covered by a health benefits plan 
under this section during any period in which such individual 
is enrolled in a health benefits plan under any other 
authority, nor may any individual be covered under more than 
one enrollment under this section.
    (e) For purposes of this section the term ``health benefits 
plan'' means an approved health benefits plan under chapter 89 
of title 5, United States Code.

          subchapter ii--foreign service pension system \274\

    Sec. 851.\274\, \275\ Establishment.--(a) There 
is hereby established a Foreign Service Pension System.
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    \274\ Subchapter II and the sections contained therein were added 
by sec. 415 of Public Law 99-335 (100 Stat. 615).
    \275\ 22 U.S.C. 4071.
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    (b) Except as otherwise specifically provided in this 
subchapter or any other provision of law, the provisions of 
chapter 84 of title 5, United States Code, shall apply to all 
participants in the Foreign Service Pension System and such 
participants shall be treated in all respects similar to 
persons whose participation in the Federal Employees' 
Retirement System provided in that chapter is required.
    Sec. 852.\274\, \276\ Definitions.--As used in 
this subchapter, unless otherwise specified--
---------------------------------------------------------------------------
    \276\ 22 U.S.C. 4071a.
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          (1) the term ``court order'' has the same meaning 
        given in section 804(4);
          (2) the term ``Fund'' means the Foreign Service 
        Retirement and Disability Fund maintained by the 
        Secretary of the Treasury pursuant to section 802;
          (3) \277\ the term ``lump-sum credit'' means the 
        unrefunded amount consisting of--
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    \277\ Sec. 241 of the Federal Employees' Retirement System, 
Technical Corrections (Public Law 100-238; 101 Stat. 1776) redesignated 
par. (3), (4), (5), (6), and (7), and par. (4), (5), (6), (7), and (8), 
respectively, and added a new par. (3).
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                  (A) retirement deductions made from the basis 
                pay of a participant under section 856 of this 
                chapter (or under section 204 of the Federal 
                Employees' Retirement Contribution Temporary 
                Adjustment Act of 1983);
                  (B) amounts deposited by a participant under 
                section 854 to obtain credit under this System 
                for prior civilian or military service; and
                  (C) interest on the deductions and deports 
                which, for any calendar year, shall be equal to 
                the overall average obligations purchased by 
                the Secretary of the Treasury during such 
                fiscal year under section 819, as determined by 
                the Secretary of the Treasury (compounded 
                annually); but does not include interest--
                          (i) if the service covered thereby 
                        aggregates 1 year or less; or
                          (ii) for a fractional part of a month 
                        in the total service;
          (4) the term ``normal cost'' means the entry-age 
        normal cost of the provisions of the System which 
        relate to the Fund, computed by the Secretary of State 
        in accordance with generally accepted actuarial 
        practice and standards (using dynamic assumptions) and 
        expressed as a level percentage of aggregate basic pay;
          (5) the term ``participant'' means a person who 
        participates in the Foreign Service Pension System;
          (6) the term ``pro rata share'' in the case of any 
        former spouse of any participant or former participant 
        means the percentage which is equal to the percentage 
        that (A) the number of years during which the former 
        spouse was married to the participant during the 
        service of the participant which is creditable under 
        this chapter is of (B) the total number of years of 
        such service, disregarding extra credit under section 
        817;
          (7) the term ``supplemental liability'' means the 
        estimated excess of--
                  (A) the actuarial present value of all future 
                benefits payable from the Fund under this 
                subchapter based on the service of participants 
                or former participants, over
                  (B) the sum of--
                          (i) the actuarial present value of 
                        (I) deductions to be withheld from the 
                        future basic pay of participants 
                        pursuant to section 856 and (II) 
                        contributions for past civilian and 
                        military service;
                          (ii) the actuarial present value of 
                        future contributions to be made 
                        pursuant to section 857;
                          (iii) the Fund balance as of the date 
                        the supplemental liability is 
                        determined, to the extent that such 
                        balance is attributable--
                                  (I) to the System, or
                                  (II) to the contributions 
                                made under the Federal 
                                Employees' Retirement 
                                Contribution Temporary 
                                Adjustment Act of 1983 (5 
                                U.S.C. 8331 note); and
                          (iv) any other appropriate amount, as 
                        determined by the Secretary of State in 
                        accordance with generally accepted 
                        actuarial practices and principles;
          (8) the term ``System'' means the Foreign Service 
        Pension System; and
          (9) \278\ the term ``special agent'' has the same 
        meaning given in section 804(15).
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    \278\ Sec. 2(a)(2) of Public Law 105-382 (112 Stat. 3406) struck 
out ``and'' at the end of para. (7); replaced the period at the end of 
para. (8) with ``; and''; and added a new para. (9).
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    Sec. 853.\274\, \279\ Participants.--(a) Except 
for persons excluded by subsection (b), (c), or (d), all 
members of the Foreign Service, any of whose service after 
December 31, 1983, is employment for the purpose of title II of 
the Social Security Act and chapter 21 of the Internal Revenue 
Code of 1986,\280\ who would, but for this section, be 
participants in the Foreign Service Retirement and Disability 
System pursuant to section 803 shall instead be participants in 
the Foreign Service Pension System.
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    \279\ 22 U.S.C. 4071b.
    \280\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
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    (b) Members of the Service who were participants in the 
Foreign Service Retirement and Disability System on or before 
December 31, 1983, and who have not had a break in service in 
excess of one year since that date, are not made participants 
in the System by this section, without regard to whether they 
are subject to title II of the Social Security Act.
    (c) Individuals who become members of the Service after 
having completed at least 5 years of civilian service 
creditable under subchapter I, subchapter III of chapter 83 of 
title 5, United States Code (the Civil Service Retirement 
System), or title II of the Central Intelligence Agency 
Retirement Act (50 U.S.C. 2011 et seq.) \281\ (determined 
without regard to any deposit or redeposit requirement under 
any such subchapter or title, any requirement that the 
individual become subject to such subchapter or title after 
performing the service involved, or any requirement that the 
individual give notice in writing to the official by whom such 
individual is paid of such individual's desire to become 
subject to such subchapter or title) are not participants in 
the System, except to the extent provided for under title III 
of the Federal Employees' Retirement System Act of 1986 
pursuant to an election under such title to become subject to 
this subchapter (under regulations issued by the Secretary of 
State pursuant to section 860).
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    \281\ Sec. 204(b)(1) of the Intelligence Authorization Act for 
Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2033) struck out 
``title II of the Central Intelligence Agency Retirement Act of 1964 
for Certain Employees'', and inserted in lieu thereof ``title II of the 
Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.)''.
    Previously, sec. 804(b) of the Intelligence Authorization Act for 
Fiscal Year 1993 (Public Law 102-496; 106 Stat. 3253) provided that any 
reference in law to the ``Central Intelligence Agency Retirement Act of 
1964 for Certain Employees'' shall be deemed to refer to the ``Central 
Intelligence Agency Retirement Act'', as amended and restated by sec. 
802 of Public Law 102-496.
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    (d) The Secretary may exclude from the operation of this 
subchapter any member of the Foreign Service, or group of 
members, whose employment is temporary or intermittent, except 
a member whose employment is part-time career appointment or 
career candidate appointment under section 306.
    Sec. 854.\274\, \284\ Creditable Service.--(a) 
For purposes of this subchapter, creditable service of a 
participant includes--
---------------------------------------------------------------------------
    \282\ 22 U.S.C. 4071c.
---------------------------------------------------------------------------
          (1) service as a participant after December 31, 1986;
          (2) service with respect to which deductions and 
        withholdings under section 204(a)(2) of the Federal 
        Employees' Retirement Contribution Temporary Adjustment 
        Act of 1983 have been made; and
          (3) except as provided in subsection (b), any 
        civilian service performed before January 1, 1989 
        (other than service under paragraph (1) or (2)), which, 
        but for the amendment made by section 414 of the 
        Federal Employees' Retirement System Act of 1986, would 
        be creditable under subchapter I (determined without 
        regard to any deposit or redeposit requirement under 
        such subchapter, subchapter III of chapter 83 of title 
        5, United States Code (the Civil Service Retirement 
        System), or title II of the Central Intelligence Agency 
        Retirement Act (50 U.S.C. 2011 et seq.) \283\ any 
        requirement that the individual become subject to such 
        subchapter or title after performing the service 
        involved, or any requirement that the individual give 
        notice in writing to the official by whom such 
        individual is paid of such individual's desire to 
        become subject to such subchapter or title).
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    \283\ Sec. 204(b)(2)(A) of the Intelligence Authorization Act for 
Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2033) struck out 
``title II of the Central Intelligence Agency Retirement Act of 1964 
for Certain Employees'' and inserted in lieu thereof ``title II of the 
Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.)''.
    Previously, sec. 804(b) of the Intelligence Authorization Act for 
Fiscal Year 1993 (Public Law 102-496; 106 Stat. 3253) provided that any 
reference in law to the ``Central Intelligence Agency Retirement Act of 
1964 for Certain Employees'' shall be deemed to refer to the ``Central 
Intelligence Agency Retirement Act'', as amended and restated by sec. 
802 of Public Law 102-496.
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    (b)(1) A participant who has received a refund of 
retirement deductions under subchapter I with respect to any 
service described in subsection (a)(3) may not be allowed 
credit for such service under this subchapter unless such 
participant deposits into the Fund an amount equal to 1.3 
percent of basic pay for such service, with interest.
    (2) A participant may not be allowed credit under this 
subchapter for any service described in subsection (a)(3) for 
which retirement deductions under subchapter I have not been 
made, unless such participant deposits into the Fund an amount 
equal to 1.3 percent of basic pay for such service, with 
interest.
    (3) Interest under paragraph (1) or (2) shall be computed 
in accordance with section 805(d) and regulations issued by the 
Secretary of State.
    (c) \284\ (1) Credit shall be given under this System to a 
participant for a period of prior satisfactory service as--
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    \284\ Sec. 7001(e)(1)(B) of the Balanced Budget Act of 1997 (Public 
Law 105-33; 111 Stat. 661) amended and restated subsec. (c).
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          (A) a volunteer or volunteer leader under the Peace 
        Corps Act (22 U.S.C. 2501 et seq.),
          (B) a volunteer under part A of title VIII of the 
        Economic Opportunity Act of 1964, or
          (C) a full-time volunteer for a period of service of 
        at least one year's duration under part A, B, or C of 
        title I of the Domestic Volunteer Service Act of 1973 
        (42 U.S.C. 4951 et seq.),
if the participant makes a payment to the Fund equal to 3 
percent of pay received for the volunteer service; except, the 
amount to be paid for volunteer service beginning on January 1, 
1999, through December 31, 2000,\285\ shall be as follows:
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    \285\ Sec. 505(e)(2) of the Department of Transportation and 
Related Agencies Appropriations Act, 2001 (H.R. 5394 enacted by 
reference in sec. 101(a) of Public Law 106-346; 114 Stat. 1356A-54), 
struck out ``December 31, 2002'' and inserted in lieu thereof 
``December 31, 2000''. In the matter after the colon, that section 
struck out ``3.5....... January 1, 2001, to December 31, 2002'' after 
``December 31, 2000''.
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3.25
                             January 1, 1999, to December 31, 1999.
3.4
                             January 1, 2000, to December 31, 2000.
    (2) The amount of such payments shall be determined in 
accordance with regulations of the Secretary of State 
consistent with regulations for making corresponding 
determinations under chapter 83, title 5, United States Code, 
together with interest determined under regulations issued by 
the Secretary of State.
    (d) Credit shall be given under this System to a 
participant for a period of prior service under the Federal 
Employees' Retirement System (described in chapter 84 of title 
5, United States Code) or under title III of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.) 
\286\ if the participant waives credit under the other 
retirement system and makes a payment to the Fund equal to the 
amount which was deducted and withheld from the individual's 
basic pay under the other retirement system \287\ during the 
prior creditable service under the other retirement system 
together with interest on such amount computed in accordance 
with regulations issued by the Secretary of State.
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    \286\ Sec. 204(b)(2)(B) of the Intelligence Authorization Act for 
Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2033) struck out 
``title III of the Central Intelligence Agency Retirement Act of 1964 
for Certain Employees'' and inserted in lieu thereof ``title III of the 
Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.)''.
    Previously, sec. 804(b) of the Intelligence Authorization Act for 
Fiscal Year 1993 (Public Law 102-496; 106 Stat. 3253) provided that any 
reference in law to the ``Central Intelligence Agency Retirement Act of 
1964 for Certain Employees'' shall be deemed to refer to the ``Central 
Intelligence Agency Retirement Act'', as amended and restated by sec. 
802 of Public Law 102-496.
    \287\ Sec. 405(a) of Public Law 99-556 (100 Stat. 3137) struck out 
``which would have been deducted from pay under section 856(a) had the 
individual been a participant'' and inserted in lieu thereof ``which 
was deducted and withheld from the individual's basic pay under the 
other retirement system''.
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    (e) \288\ A participant who, while on approved leave 
without pay, serves as a full-time paid employee of a Member or 
office of the Congress shall continue to make contributions to 
the Fund based upon the Foreign Service salary rate that would 
be in effect if the participant were in a pay status. The 
participant's employing Member or office in the Congress shall 
make a contribution \289\ (from the appropriation or fund which 
is used for payment of the salary of the participant) 
determined under section 857(a) \290\ to the Treasury of the 
United States to the credit of the Fund. All periods of service 
for which full contributions to the Fund are made under this 
subsection shall be counted as creditable service for purposes 
of this subchapter and shall not, unless all retirement credit 
is transferred, be counted as creditable service under any 
other Government retirement system.
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    \288\ Sec. 405(b) of Public Law 99-556 (100 Stat. 3137) added 
subsec. (e).
    \289\ Sec. 242(1) of Public Law 100-238 (101 Stat. 1776) struck out 
``matching'' here.
    \290\ Sec. 242(2) of Public Law 100-238 (101 Stat. 1776) inserted 
``determined under section 857(a)''.
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    Sec. 855.\275\, \291\ Entitlement to Annuity.--
(a)(1) Any participant may be retired under the conditions 
specified in section 811 and shall be retired under the 
conditions specified in sections 812 and 813 and receive 
benefits under this subchapter.
---------------------------------------------------------------------------
    \291\ 22 U.S.C. 4071d.
---------------------------------------------------------------------------
    (2) For the purposes of this subsection--
          (A) the term ``participant'', as used in the sections 
        referred to in paragraph (1), means a participant in 
        the Foreign Service Pension System; and
          (B) the term ``System'', as used in those sections, 
        means the Foreign Service Pension System.
    (b)(1) Any participant who retires voluntarily or 
mandatorily under section 607, 608, 611,\292\ 811, 812, or 813 
under conditions authorizing an immediate annuity for 
participants in the Foreign Service Retirement and Disability 
System or for participants in the Foreign Service Pension 
System,\293\ and who has completed at least 5 years as a member 
of the Foreign Service,\294\ shall be entitled to an immediate 
annuity computed under paragraph (2).
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    \292\ Sec. 2(d)(3)(B) of Public Law 105-382 (112 Stat. 3408) 
inserted the reference to section 611. Sec. 2312(b)(1)(A) of the 
Foreign Relations Authorization Act for Fiscal Years 1998 and 1999 
(subdivision B of division G of Public Law 105-277; 112 Stat. 2681-827) 
made the same amendment. The amendment made by Public Law 105-277 is 
effective, with respect to any actions taken under section 611, on or 
after January 1, 1996, pursuant to sec. 2312(c)(3) of that Act.
    \293\ Sec. 2312(b)(1)(B) of the Foreign Relations Authorization Act 
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681-827) inserted ``or for participants in the 
Foreign Service Pension System,''.
    \294\ Sec. 406(a) of Public Law 99-556 (100 Stat. 3138) struck out 
``of service subject to this chapter'' at this point and inserted ``as 
a member of the Foreign Service''. Sec. 2312(b)(1)(C) of the Foreign 
Relations Authorization Act for Fiscal Years 1998 and 1999 (subdivision 
B of division G of Public Law 105-277; 112 Stat. 2681-827) inserted a 
comma after ``Service''.
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    (2) An annuity under paragraph (1) shall be computed--
          (A) \295\ in accordance with section 8416(d)(1) of 
        title 5, United States Code, for all service while a 
        participant in this System and for prior service 
        creditable under this subchapter not otherwise counted 
        as--
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    \295\ Sec. 406(b) of Public Law 99-556 (100 Stat. 3138) 
substantially amended and restated all subpar. under sec. 855(b).
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                  (i) a member of the Service,
                  (ii) an employee of the Central Intelligence 
                Agency entitled to retirement credit under 
                title II of the Central Intelligence Agency 
                Retirement Act (50 U.S.C. 2011 et seq.) or 
                under section 302(a) or 303(b) of that Act (50 
                U.S.C. 2152(a), 2153(b)) \296\ or
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    \296\ Sec. 204(b)(3) of the Intelligence Authorization Act for 
Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2033) struck out 
``under title II of the Central Intelligence Agency Retirement Act of 
1964 for Certain Employees or under section 302(a) or 303(b) of that 
Act'' and inserted in lieu thereof ``under title II of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) or under 
section 302(a) or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b))''.
    Previously, sec. 804(b) of the Intelligence Authorization Act for 
Fiscal Year 1993 (Public Law 102-496; 106 Stat. 3253) provided that any 
reference in law to the ``Central Intelligence Agency Retirement Act of 
1964 for Certain Employees'' shall be deemed to refer to the ``Central 
Intelligence Agency Retirement Act'', as amended and restated by sec. 
802 of Public Law 102-496.
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                  (iii) a participant as a Member of Congress, 
                a congressional employee, law enforcement 
                officer, firefighter, or air traffic controller 
                in the Civil Service Retirement System under 
                subchapter III of chapter 83, title 5, United 
                States Code, or in the Federal Employees' 
                Retirement System under chapter 84 of title 5, 
                United States Code; and
          (B) at the rate stated in section 8415(a) of title 5, 
        United States Code, for all other service creditable 
        under this System including service in excess of 20 
        years otherwise creditable under paragraph (A).
    (3) \297\ any participant who is involuntarily retired or 
separated under section 607, 608, 611, 610, or 611 \298\ and 
who would if a participant under subchapter I, become eligible 
for a refund of contributions or a deferred annuity under 
subchapter I, shall, in lieu thereof, receive benefits for an 
involuntary separation under this subchapter.
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    \297\ Sec. 406(c) of Public Law 99-556 (100 Stat. 3138) added par. 
(3), (4), (5), and (6).
    \298\ Sec. 2(d)(3)(B) of Public Law 105-382 (112 Stat. 3408) 
inserted the reference to section 611. Sec. 2312(b)(2) of the Foreign 
Relations Authorization Act for Fiscal Years 1998 and 1999 (subdivision 
B of division G of Public Law 105-277; 112 Stat. 2681-827) struck out 
``or 610'' and inserted in lieu thereof ``610, or 611'', resulting in 
the redundant reference to section 611. The amendment made by Public 
Law 105-277 is effective, with respect to any actions taken under 
section 611, on or after January 1, 1996, pursuant to sec. 2312(c)(3) 
of that Act.
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    (4) \297\ A disability annuity under this subchapter 
required to be redetermined under section 8452(b) of title 5, 
United States Code, or computed under section 8452 (c) or (d) 
of such title 5, shall be recomputed or computed using the 
formula in subsection (b)(2)(A) of this section rather than 
section 8415 of such title 5 (as stated in section 
8452(b)(2)(A) and 8452 (c) and(d) of such title). Such annuity 
shall also be computed in accordance with the preceding 
sentence if, as of the day on which such annuity commences or 
is restored, the annuitant satisfies the age and service 
requirements for entitlement to an immediate annuity under 
section 811 of this Act.
    (5) \297\ A former participant entitled to a deferred 
annuity under section 8413(b) of title 5, United States Code, 
shall not be subject to section 8415(f)(1) of such title 5 if 
the former participant has 20 years of service creditable under 
this subchapter and is at least 50 years of age as of the date 
on which the annuity is to commence.
    (6) \297\ (A) The amount of a survivor annuity for a widow 
or widower of a participant or former participant shall be 50 
percent of an annuity computed for the deceased under this 
subchapter rather than under section 8415 of such title 5 (as 
stated in sections 8442(a)(1), (b)(1)(B), and (c)(2) of such 
title).
    (B) Any calculation for a widow or widower of a participant 
or former participant under section 8442(f)(2)(A) \299\ shall 
be based on an ``assumed FSRDS annuity'' rather than an 
``assumed CSRS annuity'' as stated in such section. For the 
purpose of this subparagraph, the term ``assumed FSRDS 
annuity'' means the amount of the survivor annuity to which the 
widow or widower would be entitled under subchapter I based on 
the service of the deceased annuitant determined under section 
8442(f)(5) of such title 5.
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    \299\ Refers to title 5 U.S.C. 8442(f)(2)(A).
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    (c) A participant who is entitled to an immediate annuity 
under subsection (b) shall be entitled to receive an annuity 
supplement while the annuitant is under 62 years of age. The 
annuity supplement shall be based on the total creditable 
service of the annuitant and shall be computed in accordance 
with sections 8421(b) and 8421a of title 5, United States Code, 
as if the participant were a law enforcement officer retired 
under section 8412(d) of such title.
    (d) Any participant who is separated for cause under 
section 610 shall not be entitled to an annuity under this 
System when the Secretary determines that the separation was 
based in whole or in part on disloyalty to the United States.
    Sec. 856.\275\, \300\ Deductions and 
Withholdings From Pay.--(a) \301\ The employing agency shall 
deduct and withhold from the basic pay of each participant the 
applicable percentage of basic pay specified in paragraph (2) 
of this subsection minus the percentage then in effect under 
section 3101(a) of the Internal Revenue Code of 1986 (26 U.S.C. 
3101(a)) (relating to the rate of tax for old age, survivors, 
and disability insurance).
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    \300\ 22 U.S.C. 4071e.
    \301\ Sec. 7001(e)(1)(A) of the Balanced Budget Act of 1997 (Public 
Law 105-33; 111 Stat. 661) amended and restated subsec. (a).
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    (2) The applicable percentage under this subsection shall 
be as follows: \302\
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    \302\ Sec. 505(e)(1) of the Department of Transportation and 
Related Agencies Appropriations Act, 2001 (H.R. 5394 enacted by 
reference in sec. 101(a) of Public Law 106-346; 114 Stat. 1356A-53), 
struck out ``8....... January 1, 2001, to December 31, 2002'' and 
``7.5....... After December 31, 2002'' from the chart in para. (2).
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7.5
                                            Before January 1, 1999.
7.75
                             January 1, 1999, to December 31, 1999.
7.9
                             January 1, 2000, to December 31, 2000.
    (b) Each participant is deemed to consent and agree to the 
deductions under subsection (a). Notwithstanding any law or 
regulation affecting the pay of a participant, payment less 
such deductions is a full and complete discharge and 
acquittance of all claims and demands for regular services 
during the period covered by the payment, except the right to 
any benefits under this subchapter based on the service of the 
participant.
    (c) Amounts deducted and withheld under this section shall 
be deposited in the Treasury of the United States to the credit 
of the Fund under such procedures as the Comptroller General of 
the United States may prescribe.
    (d) Under such regulations as the Secretary of State may 
issue, amounts deducted under subsection (a) shall be entered 
on individual retirement records.
    Sec. 857.\275\, \303\, \304\ 
Government Contributions.--(a) Each agency employing any 
participant shall contribute to the Fund the amount computed in 
a manner similar to that used under section 8423(a) of title 5, 
United States Code, pursuant to determinations of the normal 
cost percentage for the Foreign Service Pension System by the 
Secretary of State.
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    \303\ 22 U.S.C. 4071f.
    \304\ Sec. 7001(e)(2) of the Balanced Budget Act of 1997 (Public 
Law 105-33; 111 Stat. 662) provided the following:
    ``(2) no reduction in agency contributions.--Agency contributions 
under section 857 of the Foreign Service Act of 1980 (22 U.S.C. 4071f) 
shall not be reduced as a result of the amendments made under paragraph 
(1) of this subsection.''.
    See related amendments at secs. 856(a) and 854(c) of this Act.
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    (b)(1) The Secretary of State shall compute the amount of 
the supplemental liability of the Fund as of the close of each 
fiscal year beginning after September 30, 1987. The amount of 
any such supplemental liability shall be amortized in 30 equal 
annual installments with interest computed at the rate used in 
the most recent valuation of the System.
    (2) At the end of each fiscal year, the Secretary of State 
shall notify the Secretary of the Treasury of the amount of the 
installment computed under this subsection for such year.
    (3) Before closing the accounts for a fiscal year, the 
Secretary of the Treasury shall credit to the Fund, as a 
Government contribution, out of any money in the Treasury of 
the United States not otherwise appropriated, the amount under 
paragraph (2) of this subsection for such year.
    Sec. 858.\275\, \305\ Cost-of-Living 
Adjustments.--Cost-of-living adjustments for annuitants under 
this System shall be granted under procedures in section 8462 
of title 5, United States Code, in the same manner as such 
adjustments are made for annuitants referred to in subsection 
(c)(3)(B)(ii) of such section.
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    \305\ 22 U.S.C. 4071g.
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    Sec. 859.\275\, \306\ General and Administrative 
Provisions.--(a) The Secretary of State shall administer the 
Foreign Service Pension System except for matters relating to 
the Thrift Savings Plan provided in subchapter III and VI of 
chapter 84 of title 5, United States Code. The Secretary of 
State shall, with respect to the Foreign Service Pension 
System, perform the functions and exercise the authority vested 
in the Office of Personnel Management or the Director of such 
Office by such chapter 84 and may issue regulations for such 
purposes.
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    \306\ 22 U.S.C. 4071h.
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    (b) Determinations of the Secretary of State under the 
Foreign Service Pension System which, if made by the Office of 
Personnel Management under chapter 84 title 5, United States 
Code, or the Director of such Office, would be appealable to 
the Merit Systems Protection Board, except that determinations 
of disability for participants shall be based upon the 
standards in section 808 (other than the exclusion for vicious 
habits, intemperance, or willful misconduct) and subject to 
review in the same manner as under that section.
    (c) At least every 5 years, the Secretary of the Treasury 
shall prepare periodic valuations of the Foreign Service 
Pension System and shall advise the Secretary of State of (1) 
the normal cost of the System, (2) the supplemental liability 
of the System, and (3) the amounts necessary to finance the 
costs of the System.
    Sec. 860.\275\, \307\ Transition Provisions.--
The Secretary of State shall issue regulations providing for 
the transition from the Foreign Service Retirement and 
Disability System to the Foreign Service Pension System in a 
manner comparable to the transition of employees subject to 
subchapter III of chapter 83 of title 5, United States Code 
(the Civil Service Retirement System), to the Federal 
Employees' Retirement System. For this and related purposes, 
references made to participation in subchapter III of chapter 
83 of title 5, United States Code (the Civil Service Retirement 
System), the Social Security Act, and the Internal Revenue Code 
of 1986 \308\ shall be deemed to refer to participation in the 
Foreign Service Pension System or the Foreign Service 
Retirement and Disability System, as appropriate.
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    \307\ 22 U.S.C. 4071i.
    \308\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
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    Sec. 861.\275\, \309\ Former Spouses.--(a)(1)(A) 
Unless otherwise expressly provided by any spousal agreement or 
court order governing disposition of benefits under this 
subchapter, a former spouse of a participant or former 
participant is entitled, during the period described in 
subchapter (B), to a share (determined under paragraph (2)) of 
all benefits otherwise payable to such participant under this 
subchapter if such former spouse was married to the participant 
for at least 10 years during service of the participant which 
is creditable under this chapter with at least 5 of such years 
occurring while the participant was a member of the Foreign 
Service.
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    \309\ 22 U.S.C. 4071j.
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    (B) The period referred to in subparagraph (A) is the 
period which begins on the first day of the month following the 
month in which the divorce or annulment becomes final and ends 
on the last day of the month before the former spouse dies or 
remarries before 55 years of age.
    (2) The share referred to in paragraph (1) equals--
          (A) 50 percent, if such former spouse was married to 
        the participant throughout the actual years of service 
        of the participant which are creditable under this 
        chapter; or
          (B) a pro rata share of 50 percent, if such former 
        spouse was not married to the participant throughout 
        such creditable service.
    (3) A former spouse shall not be qualified for any benefit 
under this subsection if, before the commencement of any 
benefit, the former spouse remarries before becoming 55 years 
of age.
    (4)(A) For purposes of the Internal Revenue Code of 
1986,\310\ payments to a former spouse under this section shall 
be treated as income to the former spouse and not to the 
participant.
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    \310\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
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    (B) Any reduction in payments to a participant or former 
participant as a result of payments to a former spouse under 
this subsection shall be disregarded in calculating--
          (i) the survivor annuity for any spouse, former 
        spouse, or other survivor under this subchapter, and
          (ii) any reduction in the annuity of the participant 
        to provide survivor benefits under this subchapter.
    (5) Notwithstanding subsection (a)(1), in the case of any 
former spouse of a disability annuitant--
          (A) the annuity of the former spouse shall commence 
        on the date the participant would qualify, on the basis 
        of his or her creditable service, for an annuity under 
        this chapter (other than a disability annuity) or the 
        date the disability annuity begins, whichever is later, 
        and
          (B) the amount of the annuity of the former spouse 
        shall be calculated on the basis of the annuity for 
        which the participant would otherwise so qualify.
    (6)(A) Except as provided in subparagraph (B), any former 
spouse who becomes entitled to receive any benefit under this 
subchapter which would otherwise be payable to a participant or 
former participant shall be entitled to make any election 
regarding method of payment to such former spouse that such 
participant would have otherwise been entitled to elect, and 
the participant may elect an alternate method for the remaining 
share of such benefits. Such elections shall not increase the 
actuarial present value of benefits expected to be paid under 
this subchapter.
    (B) A former spouse may not elect a method of payment under 
subchapter II, chapter 84 of title 5, United States Code, 
providing for payment of a survivor annuity to any survivor of 
the former spouse.
    (7) The maximum amount payable to any former spouse 
pursuant to this subsection shall be the difference, if any, 
between 50 percent of the total benefits authorized to be paid 
to a former participant by this subchapter, disregarding any 
apportionment of these benefits to others, and the aggregate 
amount payable to all others at any one time.
    (b)(1) Unless otherwise expressly provided for by any 
spousal agreement or court order governing survivorship 
benefits under this subchapter to a former spouse married to a 
participant or former participant for the periods specified in 
subsection (a)(1)(A), such former spouse is entitled to a 
share, determined under subsection (b)(2), of all survivor 
benefits that would otherwise be payable under this subchapter 
to an eligible surviving spouse of the participant.
    (2) The share referred to in subsection (b)(1) equals--
          (A) 100 percent if such former spouse was married to 
        the participant throughout the entire period of service 
        of the participant which is creditable under this 
        chapter; or
          (B) a pro rata share of 100 percent if such former 
        spouse was not married to the participant throughout 
        such creditable service.
    (3) \311\ A former spouse shall not be qualified for any 
benefit under this subsection if, before the commencement of 
any benefit, the former spouse remarries before becoming 55 
years of age.
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    \311\ Sec. 407 of Public Law 99-556 (100 Stat. 3139) added par. 
(3).
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    (c) A participant or former participant may not make any 
election or modification of election under section 8417, 8418, 
or 8433 of title 5, United States Code, or other section 
relating to the participant's account in the Thrift Savings 
Plan or annuity under the basic plan that would diminish the 
entitlement of a former spouse to any benefit granted to the 
former spouse by this section or in a current spousal 
agreement.
    (d) If a member becomes a participant under this subchapter 
after qualifying for benefits under subchapter I and, at the 
time of transfer, has a former spouse entitled to benefits 
under subchapter I which are determined under section 814 or 
815 (as determined by the Secretary of State) and are similar 
in amount to a pro rata share division under section 814 or 815 
and the service of the member as a participant under this 
subchapter is not recognized in determining that pro rata 
share, then subsections (a) and (b) of this section shall not 
apply to such former spouse. Otherwise, subsections (a) and (b) 
of this section shall apply.
    (e) If a participant dies after completing at least 18 
months of service or a former participant dies entitled to a 
deferred annuity, but before becoming eligible to receive the 
annuity, and such participant or former participant has left 
with the Secretary of State a spousal agreement promising a 
share of a survivor annuity under subchapter IV, chapter 84, 
title 5, United States Code, to a former spouse, such survivor 
annuity shall be paid under the terms of this subchapter as if 
the survivor annuity had been ordered by a court.
    Sec. 862.\275\, \312\ Spousal Agreements.--A 
spousal agreement is any written agreement (properly 
authenticated as determined by the Secretary of State) between 
a participant or former participant and his or her spouse or 
former spouse on file with the Secretary of State. A spousal 
agreement shall be consistent with the terms of this Act and 
applicable regulations and, if executed at the time a 
participant or former participant is currently married, shall 
be approved by such current spouse. It may be used to fix the 
level of benefits payable under this subchapter to a spouse or 
former spouse.
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    \312\ 22 U.S.C. 4071k.
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              Chapter 9--Travel, Leave, and Other Benefits

    Sec. 901.\313\ Travel and Related Expenses.--The Secretary 
may pay the travel and related expenses of members of the 
Service and their families, including costs or expenses 
incurred for--
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    \313\ 22 U.S.C. 4081.
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          (1) proceeding to and returning from assigned posts 
        of duty;
          (2) authorized or required home leave;
          (3) family members to accompany, precede, or follow a 
        member of the Service to a place of temporary duty;
          (4) representational travel within the country to 
        which the member of the Service is assigned or, when 
        not more than one family member participates, outside 
        such country;
          (5) obtaining necessary medical care for an illness, 
        injury, or medical condition while abroad in a locality 
        where there is no suitable person or facility to 
        provide such care (without regard to those laws and 
        regulations limiting or restricting the furnishing or 
        payment of transportation and traveling expenses), as 
        well as expenses for--
                  (A) an attendant or attendants for a member 
                of the Service or a family member who is too 
                ill to travel unattended or for a family member 
                who is too young to travel alone, and
                  (B) a family member incapable of caring for 
                himself or herself if he or she remained at the 
                post at which the member of the Service is 
                serving;
          (6) rest and recuperation travel of members of the 
        Service who are United States citizens, and members of 
        their families, while serving at locations abroad 
        specifically designated by the Secretary for purposes 
        of this paragraph, to--
                  (A) other locations abroad having different 
                social, climatic, or other environmental 
                conditions than those at the post at which the 
                member of the Service is serving, or
                  (B) locations in the United States;
        except that, unless the Secretary otherwise specifies 
        in extraordinary circumstances, travel expenses under 
        this paragraph shall be limited to the cost for a 
        member of the Service, and for each member of the 
        family of the member, of 1 round trip during any 
        continuous 2-year tour unbroken by home leave and of 2 
        round trips during any continuous 3-year tour unbroken 
        by home leave;
          (7) removal of the family members of a member of the 
        Service, and the furniture and household and personal 
        effects (including automobiles) of the family, from a 
        Foreign Service post where there is imminent danger 
        because of the prevalence of disturbed conditions, and 
        the return of such individuals, furniture, and effects 
        to such post upon the cessation of such conditions, or 
        to such other Foreign Service post as may in the 
        meantime have become the post to which the member of 
        the Service has been reassigned;
          (8) trips by a member of the Service for purposes of 
        family visitation in situations where the family of the 
        member is prevented by official order from accompanying 
        the member to, or has been ordered from, the assigned 
        post of the member because of imminent danger due to 
        the prevalence of disturbed conditions, except that--
                  (A) with respect to any such member whose 
                family is located in the United States, the 
                Secretary may pay the costs and expenses for 
                not to exceed two round trips in a 12-month 
                period; and
                  (B) with respect to any such member whose 
                family is located abroad, the Secretary may pay 
                such costs and expenses for trips in a 12-month 
                period as do not exceed the cost of 2 round 
                trips (at less than first class) to the 
                District of Columbia;
          (9) \314\ round-trip travel to or from an employee's 
        post of assignment for purposes of family visitation in 
        emergency situations involving personal hardship, 
        except that payment for travel by family members to an 
        employee's post of assignment may be authorized under 
        this paragraph only where the family of the member is 
        prevented by official order from residing at such post;
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    \314\ Sec. 148 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 38), restated par. 
(9). It formerly read as follows:
    ``(9) round-trip travel from a location abroad for purposes of 
family visitation in emergency situations involving personal 
hardship;''.
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          (10) preparing and transporting to the designated 
        home in the United States or to a place not more 
        distant, the remains of a member of the Service, or of 
        a family member of a member of the Service, who dies 
        abroad or while in travel status or, if death occurs in 
        the United States, transport of the remains to the 
        designated home in the United States or to a place not 
        more distant; \315\
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    \315\ Sec. 146 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 669), inserted text 
to this point beginning with ``or, if death occurs * * *''.
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          (11) transporting the furniture and household and 
        personal effects of a member of the Service (and of his 
        or her family) to successive posts of duty and, on 
        separation of a member from the Service, to the place 
        where the member will reside (or if the member has 
        died, to the place where his or her family will 
        reside);
          (12) packing and unpacking, transporting to and from 
        a place of storage, and storing the furniture and 
        household and personal effects of a member of the 
        Service (and of his or her family)--
                  (A) when the member is absent from his or her 
                post of assignment under orders or is assigned 
                to a Foreign Service post to which such 
                furniture and household and personal effects 
                cannot be taken or at which they cannot be 
                used, or when it is in the public interest or 
                more economical to authorize storage;
                  (B) in connection with an assignment of the 
                member to a new post, except that costs and 
                expenses may be paid under this subparagraph 
                only for the period beginning on the date of 
                departure from his or her last post or (in the 
                case of a new member) on the date of departure 
                from the place of residence of the member and 
                ending on the earlier of the date which is 3 
                months after arrival of the member at the new 
                post or the date on which the member 
                establishes residence quarters, except that in 
                extraordinary circumstances the Secretary may 
                extend this period for not more than an 
                additional 90 days; \316\ and
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    \316\ Sec. 145(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), 
inserted text to this point beginning with ``, except that in 
extraordinary * * *''.
    Functions vested in the Secretary of State by this amendment were 
delegated to the Under Secretary for Management by Delegation of 
Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; 
January 21, 1992).
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                  (C) in connection with separation of the 
                member from the Service, except that costs or 
                expenses may not be paid under this 
                subparagraph for storing furniture and 
                household and personal effects for more than 3 
                months, except that in extraordinary 
                circumstances the Secretary may extend this 
                period for not more than an additional 90 days; 
                \317\
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    \317\ Sec. 145(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), 
inserted text to this point beginning with ``, except that in 
extraordinary * * *''.
    Functions vested in the Secretary of State by this amendment were 
delegated to the Under Secretary for Management by Delegation of 
Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; 
January 21, 1992).
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          (13) transporting, for or on behalf of a member of 
        the Service, a privately owned motor vehicle in any 
        case in which the Secretary determines that water, 
        rail, or air transportation of the motor vehicle is 
        necessary or expedient for all or any part of the 
        distance between points of origin and destination, but 
        transportation may be provided under this paragraph for 
        only one motor vehicle of a member during any 48-month 
        period while the member is continuously serving abroad, 
        except that another motor vehicle may be so transported 
        as a replacement for such motor vehicle if such 
        replacement--
                  (A) is determined, in advance, by the 
                Secretary to be necessary for reasons beyond 
                the control of the members and in the interest 
                of the Government, or
                  (B) is incident to a reassignment when the 
                cost of transporting the replacement motor 
                vehicle does not exceed the cost of 
                transporting the motor vehicle that is 
                replaced;
          (14) the travel and relocation of members of the 
        Service, and members of their families, assigned to or 
        within the United States (or any territory or 
        possession of the United States or the Commonwealth of 
        Puerto Rico), including assignments under subchapter VI 
        of chapter 33 of title 5, United States Code 
        (notwithstanding section 3375(a) of such title, if an 
        agreement similar to that required by section 3375(b) 
        of such title is executed by the member of the 
        Service); and
          (15) 1 round-trip per year for each child below age 
        21 of a member of the Service assigned abroad--
                  (A) to visit the member abroad if the child 
                does not regularly reside with the member and 
                the member is not receiving an education 
                allowance or educational travel allowance for 
                the child under section 5924(4) of title 5, 
                United States Code; or
                  (B) to visit the other parent of the child if 
                the other parent resides in a country other 
                than the country to which the member is 
                assigned and the child regularly resides with 
                the member and does not regularly attend school 
                in the country in which the other parent 
                resides,
except that a payment under this paragraph may not exceed the 
cost of round-trip travel between the post to which the member 
is assigned and the port of entry in the contiguous 48 States 
which is nearest to that post.
    Sec. 902.\318\ Loan of Household Effects.--The Secretary 
may, as a means of eliminating transportation costs, provide 
members of the Service with basic household furnishing and 
equipment for use on a loan basis in personally owned or leased 
residences.
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    \318\ 22 U.S.C. 4082.
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    Sec. 903.\319\ Required Leave in the United States.--(a) 
The Secretary may order a member of the Service (other than a 
member employed under section 311) \320\ who is a citizen of 
the United States to take a leave of absence under section 6305 
of title 5, United States Code (without regard to the 
introductory clause of subsection (a) of that section), upon 
completion by that member of 18 months of continuous service 
abroad. The Secretary shall order on such a leave of absence a 
member of the Service (other than a member employed under 
section 311) \320\ who is a citizen of the United States as 
soon as possible after completion by that member of 3 years of 
continuous service abroad.
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    \319\ 22 U.S.C. 4083.
    \320\ Sec. 180(a)(8) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416), 
inserted ``(other than a member employed under section 311)'' after 
``member of the Service'' at each point it appears in sec. 903(a).
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    (b) Leave ordered under this section may be taken in the 
United States, its territories and possessions, or the 
Commonwealth of Puerto Rico.
    (c) While on a leave of absence ordered under this section, 
the services of any member of the Service shall be available 
for such work or duties in the Department or elsewhere as the 
Secretary may prescribe, but the time of such work or duties 
shall not be counted as leave.
    Sec. 904.\321\ Health Care.--(a) The Secretary of State 
shall establish a health care program to promote and maintain 
the physical and mental health of members of the Service, and 
(when incident to service abroad) other designated eligible 
Government employees, and members of the families of such 
members and employees.
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    \321\ 22 U.S.C. 4084. Sec. 122 of Public Law 99-93 (99 Stat. 405) 
amended subsection (a), by striking out ``may'' and inserting in lieu 
thereof ``shall''; and subsection (b), by inserting ``, and other 
preventive and remedial care and services as necessary,'' after 
``inoculations or vaccinations''; and by amending subsection (d) which 
previously read as follows:
    ``(d) If an individual eligible for health care under this section 
incurs an illness, injury, or medical condition while abroad which 
requires hospitalization or similar treatment, the Secretary may pay 
all or part of the cost of such treatment. Limitations on such payments 
established by regulation may be waived whenever the Secretary 
determines that the illness, injury, or medical condition clearly was 
caused or materially aggravated by the fact that the individual 
concerned is or has been located abroad.''
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    (b) Any such health care program may include (1) medical 
examinations for applicants for employment, (2) medical 
examinations and inoculations or vaccinations, and other 
preventive and remedial care and services as necessary, for 
members of the Service and employees of the Department who are 
citizens of the United States and for members of their 
families, and (3) examinations necessary in order to establish 
disability or incapacity of participants in the Foreign Service 
Retirement and Disability System or Foreign Service Pension 
System \322\ or to provide survivor benefits under chapter 8.
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    \322\ Sec. 243 of Public Law 100-238 (101 Stat. 1776) inserted 
``Foreign Service Pension System'' here.
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    (c) The Secretary of State may establish health care 
facilities and provide for the services of physicians, nurses, 
or other health care personnel at Foreign Service posts abroad 
at which, in the opinion of the Secretary of State, a 
sufficient number of Government employees are assigned to 
warrant such facilities or services.
    (d) If an individual eligible for health care under this 
section incurs an illness, injury, or medical condition which 
requires treatment while assigned to a post abroad located 
overseas pursuant to Government authorization, the Secretary 
may pay the cost of such treatment.
    (e) Health care may be provided under this section to a 
member of the Service or other designated eligible Government 
employee after the separation of such member or employee from 
Government service. Health care may be provided under this 
section to a member of the family of a member of the Service or 
of a designated eligible Government employee after the 
separation from Government service or the death of such member 
of the Service or employee or after dissolution of the 
marriage.
    (f) The Secretary of State shall review on a continuing 
basis the health care program provided for in this section. 
Whenever the Secretary of State determines that all or any part 
of such program can be provided for as well and as cheaply in 
other ways, the Secretary may, for such individuals, locations, 
and conditions as the Secretary of State deems appropriate, 
contract for health care pursuant to such arrangements as the 
Secretary deems appropriate.
    Sec. 905.\323\ Representation Expenses.--Notwithstanding 
section 5536 of title 5, United States Code, the Secretary may 
provide for official receptions and may pay entertainment and 
representational expenses (including expenses of family 
members) to enable the Department and the Service to provide 
for the proper representation of the United States and its 
interests. In carrying out this section, the Secretary shall, 
to the maximum extent practicable, provide for the use of 
United States products, including American wine.
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    \323\ 22 U.S.C. 4085.
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    Sec. 906.\324\ Entitlement To Vote in a State in a Federal 
Election.--(a) Except as provided in subsection (b) and in such 
manner as shall be otherwise authorized by a State or other 
jurisdiction within the territory of the United States, a 
member of the Service residing outside the United States shall, 
in addition to any entitlement to vote in a State in a Federal 
election under section 3 of the Overseas Citizens Voting Rights 
Act (42 U.S.C. 1973dd-1), be entitled to vote in a Federal 
election in the State in which such member was last domiciled 
immediately before entering the Service if such member--
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    \324\ 22 U.S.C. 4086. Sec. 129(a) of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1027) added sec. 906.
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          (1) makes an election of that State;
          (2) notifies that State of such election and notifies 
        any other States in which he or she is entitled to vote 
        of such election; and
          (3) otherwise meets the requirements of such Act.
    (b) The provisions of subsection (a) shall apply only to an 
individual who becomes a member of the Service on or after the 
date of enactment of this section and shall not apply to an 
individual who registers to vote in a State in which he is 
entitled to vote under section 3 of Overseas Citizens Voting 
Rights Act.

                 Chapter 10--Labor-Management Relations

    Sec. 1001.\325\ Labor-Management Policy.--The Congress 
finds that--
---------------------------------------------------------------------------
    \325\ 22 U.S.C. 4101.
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          (1) experience in both private and public employment 
        indicates that the statutory protection of the right of 
        workers to organize, bargain collectively, and 
        participate through labor organizations of their own 
        choosing in decisions which affect them--
                  (A) safeguards the public interest,
                  (B) contributes to the effective conduct of 
                public business, and
                  (C) facilitates and encourages the amicable 
                settlement of disputes between workers and 
                their employers involving conditions of 
                employment;
          (2) the public interest demands the highest standards 
        of performance by members of the Service and the 
        continuous development and implementation of modern and 
        progressive work practices to facilitate improved 
        performance and efficiency; and
          (3) the unique conditions of Foreign Service 
        employment require a distinct framework for the 
        development and implementation of modern, constructive, 
        and cooperative relationships between management 
        officials and organizations representing members of the 
        Service.
Therefore, labor organizations and collective bargaining in the 
Service are in the public interest and are consistent with the 
requirement of an effective and efficient Government. The 
provisions of this chapter should be interpreted in a manner 
consistent with the requirement of an effective and efficient 
Government.
    Sec. 1002.\326\ Definitions.--As used in this chapter, the 
term--
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    \326\ 22 U.S.C. 4102.
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          (1) ``Authority'' means the Federal Labor Relations 
        Authority, described in section 7104(a) of title 5, 
        United States Code;
          (2) ``Board'' means the Foreign Service Labor 
        Relations Board, established by section 1006(a);
          (3) ``collective bargaining'' means the performance 
        of the mutual obligation of the management 
        representative of the Department and of the exclusive 
        representative of employees to meet at reasonable times 
        and to consult and bargain in a good-faith effort to 
        reach agreement with respect to the conditions of 
        employment affecting employees, and to execute, if 
        requested by either party, a written document 
        incorporating any collective bargaining agreement 
        reached, but this obligation does not compel either 
        party to agree to a proposal or to make a concession;
          (4) ``collective bargaining agreement'' means an 
        agreement entered into as a result of collective 
        bargaining under the provisions of this chapter;
          (5) ``conditions of employment'' means personnel 
        policies, practices, and matters, whether established 
        by regulation or otherwise, affecting working 
        conditions, but does not include policies, practices, 
        and matters--
                  (A) relating to political activities 
                prohibited abroad or prohibited under 
                subchapter III of chapter 73 of title 5, United 
                States Code;
                  (B) relating to the designation or 
                classification of any position under section 
                501;
                  (C) to the extent such matters are 
                specifically provided for by Federal statute; 
                or
                  (D) relating to Government-wide or 
                multiagency responsibility of the Secretary 
                affecting the rights, benefits, or obligations 
                of individuals employed in agencies other than 
                those which are authorized to utilize the 
                Foreign Service personnel system;
          (6) ``confidential employee'' means an employee who 
        acts in a confidential capacity with respect to an 
        individual who formulates or effectuates management 
        policies in the field of labor-management relations;
          (7) ``dues'' means dues, fees, and assessments;
          (8) ``employee'' means--
                  (A) a member of the Service who is a citizen 
                of the United States, wherever serving, other 
                than a management official, a confidential 
                employee, a consular agent, a member of the 
                Service who is a United States citizen (other 
                than a family member) employed under section 
                311,\327\ or any individual who participates in 
                a strike in violation of section 7311 of title 
                5, United States Code; or
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    \327\ Sec. 180(a)(9) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416), 
inserted ``a member of the Service who is a United States citizen 
(other than a family member) employed under section 311,'' after ``a 
consular agent,''.
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                  (B) a former member of the Service as 
                described in subparagraph (A) whose employment 
                has ceased because of an unfair labor practice 
                under section 1015 and who has not obtained any 
                other regular and substantially equivalent 
                employment, as determined under regulations 
                prescribed by the Board;
          (9) ``exclusive representative'' means any labor 
        organization which is certified as the exclusive 
        representative of employees under section 1011;
          (10) ``General Counsel'' means the General Counsel of 
        the Authority;
          (11) ``labor organization'' means an organization 
        composed in whole or in part of employees, in which 
        employees participate and pay dues, and which has as a 
        purpose dealing with the Department concerning 
        grievances (as defined in section 1101) and conditions 
        of employment, but does not include--
                  (A) an organization which, by its 
                constitution, bylaws, tacit agreement among its 
                members, or otherwise, denies membership 
                because of race, color, creed, national origin, 
                sex, age, preferential or nonpreferential civil 
                service status, political affiliation, marital 
                status, or handicapping condition;
                  (B) an organization which advocates the 
                overthrow of the constitutional form of 
                government of the United States;
                  (C) an organization sponsored by the 
                Department; or
                  (D) an organization which participates in the 
                conduct of a strike against the Government or 
                any agency thereof or imposes a duty or 
                obligation to conduct, assist, or participate 
                in such a strike;
          (12) ``management official'' means an individual 
        who--
                  (A) is a chief of mission or principal 
                officer;
                  (B) is serving in a position to which 
                appointed by the President, by and with the 
                advice and consent of the Senate, or by the 
                President alone;
                  (C) occupies a position which in the sole 
                judgment of the Secretary is of comparable 
                importance to the offices mentioned in 
                subparagraph (A) or (B);
                  (D) is serving as a deputy to any individual 
                described by subparagraph (A), (B), or (C);
                  (E) is assigned to carry out functions of the 
                Inspector General of the Department of State 
                and the Foreign Service under section 209; or
                  (F) is engaged in the administration of this 
                chapter or in the formulation of the personnel 
                policies and programs of the Department;
          (13) ``Panel'' means the Foreign Service Impasse 
        Disputes Panel, established by section 1010(a); and
          (14) ``person'' means an individual, a labor 
        organization, or an agency to which this chapter 
        applies.
    Sec. 1003.\328\ Application.--(a) This chapter applies only 
with respect to the Department of State, the Broadcasting Board 
of Governors, the Agency for International Development,\329\ 
the Department of Agriculture, and the Department of Commerce.
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    \328\ 22 U.S.C. 4103.
    \329\ Sec. 1335(k)(3) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-789) struck out ``United States Information Agency'' and inserted 
in lieu thereof ``Broadcasting Board of Governors''. Sec. 1422(b)(4)(C) 
of that Act (112 Stat. 2681-793) struck out ``United States 
International Development Cooperation Agency'' and inserted in lieu 
thereof ``Agency for International Development''.
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    (b) The President may by Executive order exclude any 
subdivision of the Department from coverage under this chapter 
if the President determines that--
          (1) the subdivision has as a primary function 
        intelligence, counterintelligence, investigative, or 
        national security work, and
          (2) the provisions of this chapter cannot be applied 
        to that subdivision in a manner consistent with 
        national security requirements and considerations.
    (c) The President may by Executive order suspend any 
provision of this chapter with respect to any post, bureau, 
office, or activity of the Department, if the President 
determines in writing that the suspension is necessary in the 
interest of national security because of an emergency.
    Sec. 1004.\330\ Employee Rights.--(a) Every employee has 
the right to form, join, or assist any labor organization, or 
to refrain from any such activity, freely and without fear of 
penalty or reprisal. Each employee shall be protected in the 
exercise of such right.
---------------------------------------------------------------------------
    \330\ 22 U.S.C. 4104.
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    (b) Except as otherwise provided under this chapter, such 
right includes the right--
          (1) to act for a labor organization in the capacity 
        of a representative and, in that capacity, to present 
        the views of the labor organization to the Secretary 
        and other officials of the Government, including the 
        Congress, or other appropriate authorities; and
          (2) to engage in collective bargaining with respect 
        to conditions of employment through representatives 
        chosen by employees under this chapter.
    Sec. 1005.\331\ Management Rights.--(a) Subject to 
subsection (b), nothing in this chapter shall affect the 
authority of any management official of the Department, in 
accordance with applicable law--
---------------------------------------------------------------------------
    \331\ 22 U.S.C. 4105.
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          (1) to determine the mission, budget, organization, 
        and internal security practices of the Department, and 
        the number of individuals in the Service or in the 
        Department;
          (2) to hire, assign, direct, lay off, and retain 
        individuals in the Service or in the Department, to 
        suspend, remove, or take other disciplinary action 
        against such individuals, and to determine the number 
        of members of the Service to be promoted and to remove 
        the name of or delay the promotion of any member in 
        accordance with regulations prescribed under section 
        605(b);
          (3) \332\ to conduct reductions in force, and to 
        prescribe regulations for the separation of employees 
        pursuant to such reductions in force conducted under 
        section 611;
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    \332\ Sec. 181(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), as 
amended, redesignated paras. (3) through (6) as paras. (4) through (7), 
respectively; and added a new para. (3). Sec. 181(c) of that Act, 
furthermore, provided the following:
    ``(c) Consultation.--The Secretary of State (or in the case of any 
other agency authorized by law to utilize the Foreign Service personnel 
system), the head of that agency [sic] shall consult with the Director 
of the Office of Personnel Management before prescribing regulations 
for reductions in force under section 611 of the Foreign Service Act of 
1980 (as added by subsection (a) of this section), and shall publish 
such regulations.''.
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          (4) \332\ to assign work, to make determinations with 
        respect to contracting out, and to determine the 
        personnel by which the operations of the Department 
        shall be conducted;
          (5) \332\ to fill positions from any appropriate 
        source;
          (6) \332\ to determine the need for uniform personnel 
        policies and procedures between or among the agencies 
        to which this chapter applies; and
          (7) \332\ to take whatever actions may be necessary 
        to carry out the mission of the Department during 
        emergencies.
    (b) Nothing in this section shall preclude the Department 
and the exclusive representative from negotiating--
          (1) at the election of the Department, on the 
        numbers, types, and classes of employees or positions 
        assigned to any organizational subdivision, work 
        project, or tour of duty, or on the technology, 
        methods, and means of performing work;
          (2) procedures which management officials of the 
        Department will observe in exercising any function 
        under this section; or
          (3) appropriate arrangements for employees adversely 
        affected by the exercise of any function under this 
        section by such management officials.
    Sec. 1006.\333\ Foreign Service Labor Relations Board.--(a) 
There is established within the Federal Labor Relations 
Authority the Foreign Service Labor Relations Board. The Board 
shall be composed of 3 members, 1 of whom shall be the Chairman 
of the Authority, who shall be the Chairperson of the Board. 
The remaining 2 members shall be appointed by the Chairperson 
of the Board from nominees approved in writing by the agencies 
to which this chapter applies, and the exclusive representative 
(if any) of employees in each such agency. In the event of 
inability to obtain agreement on a nominee, the Chairperson 
shall appoint the remaining 2 members from among individuals 
the Chairperson considers knowledgeable in labor-management 
relations and the conduct of foreign affairs.
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    \333\ 22 U.S.C. 4106.
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    (b) The Chairperson shall serve on the Board while serving 
as Chairman of the Authority. Of the 2 original members of the 
Board other than the Chairperson, one shall be appointed for a 
2-year term and one shall be appointed for a 3-year term. 
Thereafter, each member of the Board other than the Chairperson 
shall be appointed for a term of 3 years, except that an 
individual appointed to fill a vacancy occurring before the end 
of a term shall be appointed for the unexpired term of the 
member replaced. The Chairperson may at any time designate an 
alternate Chairperson from among the members of the Authority.
    (c) A vacancy on the Board shall not impair the right of 
the remaining members to exercise the full powers of the Board.
    (d) The members of the Board, other than the Chairperson, 
may not hold another office or position in the Government 
except as authorized by law, and shall receive compensation at 
the daily equivalent of the rate payable for level V of the 
Executive Schedule under section 5316 of title 5, United States 
Code, for each day they are performing their duties (including 
traveltime).
    (e) The Chairperson may remove any other Board member, upon 
written notice, for corruption, neglect of duty, malfeasance, 
or demonstrated incapacity to perform his or her functions, 
established at a hearing, except where the right to a hearing 
is waived in writing.
    Sec. 1007.\334\ Functions of the Board.--(a) The Board 
shall--
---------------------------------------------------------------------------
    \334\ 22 U.S.C. 4107.
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          (1) supervise or conduct elections and determine 
        whether a labor organization has been selected as the 
        exclusive representative by a majority of employees who 
        cast valid ballots and otherwise administer the 
        provisions of this chapter relating to the according of 
        exclusive recognition to a labor organization;
          (2) resolve complaints of alleged unfair labor 
        practices;
          (3) resolve issues relating to the obligation to 
        bargain in good faith;
          (4) resolve disputes concerning the effect, the 
        interpretation, or a claim of breach of a collective 
        bargaining agreement, in accordance with section 1014; 
        and
          (5) take any action considered necessary to 
        administer effectively the provisions of this chapter.
    (b) Decisions of the Board under this chapter shall be 
consistent with decisions rendered by the Authority under 
chapter 71 of title 5, United States Code, other than in cases 
in which the Board finds that special circumstances require 
otherwise. Decisions of the Board under this chapter shall not 
be construed as precedent by the Authority, or any court or 
other authority, for any decision under chapter 71 of title 5, 
United States Code.
    (c) In order to carry out its functions under this 
chapter--
          (1) the Board shall by regulation adopt procedures to 
        apply in the administration of this chapter; and
          (2) the Board may--
                  (A) adopt other regulations concerning its 
                functions under this chapter;
                  (B) conduct appropriate inquiries wherever 
                persons subject to this chapter are located;
                  (C) hold hearings;
                  (D) administer oaths, take the testimony or 
                deposition of any individual under oath, and 
                issue subpenas;
                  (E) require the Department or a labor 
                organization to cease and desist from 
                violations of this chapter and require it to 
                take any remedial action the Board considers 
                appropriate to carry out this chapter; and
                  (F) consistent with the provisions of this 
                chapter, exercise the functions the Authority 
                has under chapter 71 of title 5, United States 
                Code, to the same extent and in the same manner 
                as is the case with respect to persons subject 
                to chapter 71 of such title.
    Sec. 1008.\335\ Functions of the General Counsel.--The 
General Counsel may--
---------------------------------------------------------------------------
    \335\ 22 U.S.C. 4108.
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          (1) investigate alleged unfair labor practices under 
        this chapter,
          (2) file and prosecute complaints under this chapter, 
        and
          (3) exercise such other powers of the Board as the 
        Board may prescribe.
    Sec. 1009.\336\ Judicial Review and Enforcement.--(a) 
Except as provided in section 1014(d), any person aggrieved by 
a final order of the Board may, during the 60-day period 
beginning on the date on which the order was issued, institute 
an action for judicial review of such order in the United 
States Court of Appeals for the District of Columbia.
---------------------------------------------------------------------------
    \336\ 22 U.S.C. 4109.
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    (b) The Board may petition the United States Court of 
Appeals for the District of Columbia for the enforcement of any 
order of the Board under this chapter and for any appropriate 
temporary relief or restraining order.
    (c) Subsection (c) of section 7123 of title 5, United 
States Code, shall apply to judicial review and enforcement of 
actions by the Board in the same manner that it applies to 
judicial review and enforcement of actions of the Authority 
under chapter 71 of title 5, United States Code.
    (d) The Board may, upon issuance of a complaint as provided 
in section 1016 charging that any person has engaged in or is 
engaging in an unfair labor practice, petition the United 
States District Court for the District of Columbia, for 
appropriate temporary relief (including a restraining order). 
Upon the filing of the petition, the court shall cause notice 
thereof to be served upon the person, and thereupon shall have 
jurisdiction to grant any temporary relief (including a 
temporary restraining order) it considers just and proper. A 
court shall not grant any temporary relief under this section 
if it would interfere with the ability of the Department to 
carry out its essential functions or if the Board fails to 
establish probable cause that an unfair labor practice is being 
committed.
    Sec. 1010.\337\ Foreign Service Impasse Disputes Panel.--
(a) There is established within the Federal Labor Relations 
Authority the Foreign Service Impasse Disputes Panel, which 
shall assist in resolving negotiating impasses arising in the 
course of collective bargaining under this chapter. The 
Chairperson shall select the Panel from among individuals the 
Chairperson considers knowledgeable in labor-management 
relations or the conduct of foreign affairs. The Panel shall be 
composed of 5 members, as follows:
---------------------------------------------------------------------------
    \337\ 22 U.S.C. 4110.
---------------------------------------------------------------------------
          (1) 2 members of the Service (other than a management 
        official, a confidential employee or a labor 
        organization official);
          (2) one individual employed by the Department of 
        Labor;
          (3) one member of the Federal Service Impasses Panel; 
        and
          (4) one public member who does not hold any other 
        office or position in the Government.
The Chairperson of the Board shall set the terms of office for 
Panel members and determine who shall chair the Panel.
    (b) Panel members referred to in subsection (a) (3) and (4) 
shall receive compensation for each day they are performing 
their duties (including traveltime) at the daily equivalent of 
the maximum rate payable for grade GS-18 of the General 
Schedule under section 5332 of title 5, United States Code, 
except that the member who is also a member of the Federal 
Service Impasses Panel shall not be entitled to pay under this 
subsection for any day for which he or she receives pay under 
section 7119(b)(4) of title 5, United States Code. Members of 
the Panel shall be entitled to travel expenses as provided 
under section 5703 of title 5, United States Code.
    (c)(1) The Panel or its designee shall promptly investigate 
any impasse presented to it by a party. The Panel shall 
consider the impasse and shall either--
          (A) recommend to the parties to the negotiation 
        procedures for the resolution of the impasse; or
          (B) assist the parties in resolving the impasse 
        through whatever methods and procedures, including 
        factfinding and recommendations, it may consider 
        appropriate to accomplish the purpose of this section.
    (2) If the parties do not arrive at a settlement after 
assistance by the Panel under paragraph (1), the Panel may--
          (A) hold hearings;
          (B) administer oaths, take the testimony or 
        deposition of any individual under oath, and issue 
        subpenas as provided in section 7132 of title 5, United 
        States Code; and
          (C) take whatever action is necessary and not 
        inconsistent with this chapter to resolve the impasse.
    (3) Notice of any final action of the Panel under this 
section shall be promptly served upon the parties, and the 
action shall be binding on such parties during the term of the 
collective bargaining agreement unless the parties agree 
otherwise.
    Sec. 1011.\338\ Exclusive Recognition.--(a) The Department 
shall accord exclusive recognition to a labor organization if 
the organization has been selected as the representative, in a 
secret ballot election, by a majority of the employees in a 
unit who cast valid ballots in the election.
---------------------------------------------------------------------------
    \338\ 22 U.S.C. 4111.
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    (b) If a petition is filed with the Board--
          (1) by any person alleging--
                  (A) in the case of a unit for which there is 
                no exclusive representative, that 30 percent of 
                the employees in the unit wish to be 
                represented for the purpose of collective 
                bargaining by an exclusive representative, or
                  (B) in the case of a unit for which there is 
                an exclusive representative, that 30 percent of 
                the employees in the unit alleged that the 
                exclusive representative is no longer the 
                representative of the majority of the employees 
                in the unit; or
          (2) by any person seeking clarification of, or an 
        amendment to, a certification then in effect or a 
        matter relating to representation;
the Board shall investigate the petition, and if it has 
reasonable cause to believe that a question of representation 
exists, it shall provide an opportunity for a hearing (for 
which a transcript shall be kept) after reasonable notice. If 
the Board finds on the record of the hearing that a question of 
representation exists, the Board shall supervise or conduct an 
election on the question by secret ballot and shall certify the 
results thereof. An election under this subsection shall not be 
conducted in any unit within which a valid election under this 
subsection has been held during the preceding 12 calendar 
months or with respect to which a labor organization has been 
certified as the exclusive representative during the preceding 
24 calendar months.
    (c) A labor organization which--
          (1) has been designated by at least 10 percent of the 
        employees in the unit; or
          (2) is the exclusive representative of the employees 
        involved;
may intervene with respect to a petition filed pursuant to 
subsection (b) and shall be placed on the ballot of any 
election under subsection (b) with respect to the petition.
    (d)(1) The Board shall determine who is eligible to vote in 
any election under this section and shall establish regulations 
governing any such election, which shall include regulations 
allowing employees eligible to vote the opportunity to choose--
          (A) from labor organizations on the ballot, that 
        labor organization which the employees wish to have 
        represent them; or
          (B) not to be represented by a labor organization.
    (2) In any election in which more than two choices are on 
the ballot, the regulations of the Board shall provide for 
preferential voting. If no choice receives a majority of first 
preferences, the Board shall distribute to the two choices 
having the most first preferences the preferences as between 
those two of the other valid ballots cast. The choice receiving 
a majority of preferences shall be declared the winner. A labor 
organization which is declared the winner of the election shall 
be certified by the Board as the exclusive representative.
    (e) A labor organization seeking exclusive recognition 
shall submit to the Board and to the Department a roster of its 
officers and representatives, a copy of its constitution and 
bylaws, and a statement of its objectives.
    (f) Exclusive recognition shall not be accorded to a labor 
organization--
          (1) if the Board determines that the labor 
        organization is subject to corrupt influences or 
        influence opposed to democratic principles; or
          (2) in the case of a petition filed under subsection 
        (b)(1)(A), if there is not credible evidence that at 
        least 30 percent of the employees wish to be 
        represented for the purpose of collective bargaining by 
        the labor organization seeking exclusive recognition.
    (g) Nothing in this section shall be construed to prohibit 
the waiving of hearings by stipulation for the purpose of a 
consent election in conformity with regulations and rules or 
decisions of the Board.
    Sec. 1012.\339\ Employees Represented.--The employees of 
the Department shall constitute a single and separate worldwide 
bargaining unit, from which there shall be excluded--
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    \339\ 22 U.S.C. 4112.
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          (1) employees engaged in personnel work in other than 
        a purely clerical capacity; and
          (2) employees engaged in criminal or national 
        security investigations or who audit the work of 
        individuals to insure that their functions are 
        discharged honestly and with integrity.
    Sec. 1013.\340\ Representation Rights and Duties.--(a) A 
labor organization which has been accorded exclusive 
recognition is the exclusive representative of, and is entitled 
to act for, and negotiate collective bargaining agreements 
covering, all employees in the unit described in section 1012. 
An exclusive representative is responsible for representing the 
interests of all employees in that unit without discrimination 
and without regard to labor organization membership.
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    \340\ 22 U.S.C. 4113.
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    (b)(1) An exclusive representative shall be given the 
opportunity to be represented at--
          (A) any formal discussion between one or more 
        representatives of the Department and one or more 
        employees in the unit (or their representatives), 
        concerning any grievance (as defined in section 1101) 
        or any personnel policy or practice or other general 
        condition of employment; and
          (B) any examination of an employee by a Department 
        representative in connection with an investigation if--
                  (i) the employee reasonably believes that the 
                examination may result in disciplinary action 
                against the employee, and
                  (ii) the employee requests such 
                representation.
    (2) The Department shall annually inform employees of their 
rights under paragraph (1)(B).
    (c) The Department and the exclusive representative, 
through appropriate representatives, shall meet and negotiate 
in good faith for the purposes of arriving at a collective 
bargaining agreement. In addition, the Department and the 
exclusive representative may determine appropriate techniques, 
consistent with the provisions of section 1010, to assist in 
any negotiation.
    (d) The rights of an exclusive representative under this 
section shall not preclude an employee from--
          (1) being represented by an attorney or other 
        representative of the employee's own choosing, other 
        than the exclusive representative, in any grievance 
        proceeding under chapter 11; or
          (2) exercising grievance or appeal rights established 
        by law, rule, or regulation.
    (e) The duty of the Department and the exclusive 
representative to negotiate in good faith shall include the 
obligation--
          (1) to approach the negotiations with a sincere 
        resolve to reach a collective bargaining agreement;
          (2) to be represented at the negotiations by duly 
        authorized representatives prepared to discuss and 
        negotiate on any condition of employment;
          (3) to meet at reasonable times and convenient places 
        as frequently as may be necessary and to avoid 
        unnecessary delays;
          (4) for the Department to furnish to the exclusive 
        representative, or its authorized representative, upon 
        request and to the extent not prohibited by law, data--
                  (A) which is normally maintained by the 
                Department in the regular course of business;
                  (B) which is reasonably available and 
                necessary for full and proper discussion, 
                understanding, and negotiation of subjects 
                within the scope of collective bargaining; and
                  (C) which does not constitute guidance, 
                advice, counsel, or training provided for 
                management officials or confidential employees, 
                relating to collective bargaining;
          (5) to negotiate jointly with respect to conditions 
        of employment applicable to employees in more than one 
        of the agencies authorized to utilize the Foreign 
        Service personnel system, as determined by the heads of 
        such agencies; and
          (6) if agreement is reached, to execute, upon the 
        request of any party to the negotiation, a written 
        document embodying the agreed terms, and to take the 
        steps necessary to implement the agreement.
    (f)(1) An agreement between the Department and the 
exclusive representative shall be subject to approval by the 
Secretary.
    (2) The Secretary shall approve the agreement within 30 
days after the date of the agreement unless the Secretary finds 
in writing that the agreement is contrary to applicable law, 
rule, or regulation.
    (3) Unless the Secretary disapproves the agreement by 
making a finding under paragraph (2), the agreement shall take 
effect after 30 days from its execution and shall be binding on 
the Department and the exclusive representative subject to all 
applicable laws, orders, and regulations.
    (g) The Department shall consult with the exclusive 
representative with respect to Government-wide or multiagency 
matters affecting the rights, benefits, or obligations of 
individuals employed in agencies not authorized to utilize the 
Foreign Service personnel system. The exclusive representative 
shall be informed of any change proposed by the Department with 
respect to such matters, and shall be permitted reasonable time 
to present its views and recommendations regarding such change. 
The Department shall consider the views and recommendations of 
the exclusive representative before taking final action on any 
such change, and shall provide the exclusive representative a 
written statement of the reasons for taking the final action.
    Sec. 1014.\341\ Resolution of Implementation Disputes.--(a) 
Any dispute between the Department and the exclusive 
representative concerning the effect, interpretation, or a 
claim of breach of a collective bargaining agreement shall be 
resolved through procedures negotiated by the Department and 
the exclusive representative. Any procedures negotiated under 
this section shall--
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    \341\ 22 U.S.C. 4114.
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          (1) be fair and simple,
          (2) provide for expeditious processing, and
          (3) include provision for appeal to the Foreign 
        Service Grievance Board by either party of any dispute 
        not satisfactorily settled.
    (b) Either party to an appeal under subsection (a)(3) may 
file with the Board an exception to the action of the Foreign 
Service Grievance Board in resolving the implementation 
dispute. If, upon review, the Board finds that the action is 
deficient--
          (1) because it is contrary to any law, rule, or 
        regulation; or
          (2) on other grounds similar to those applied by 
        Federal courts in private sector labor-management 
        relations;
the Board may take such action and make such recommendations 
concerning the Foreign Service Grievance Board action as it 
considers necessary, consistent with applicable laws, rules, 
and regulations.
    (c) If no exception to a Foreign Service Grievance Board 
action is filed under subsection (b) within 30 days after such 
action is communicated to the parties, such action shall become 
final and binding and shall be implemented by the parties.
    (d) Resolutions of disputes under this section shall not be 
subject to judicial review.
    Sec. 1015.\342\ Unfair Labor Practices.--(a) It shall be an 
unfair labor practice for the Department--
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    \342\ 22 U.S.C. 4115.
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          (1) to interfere with, restrain, or coerce any 
        employee in the exercise by the employee of any right 
        under this chapter;
          (2) to encourage or discourage membership in any 
        labor organization by discrimination in connection with 
        hiring, tenure, promotion, or other conditions of 
        employment;
          (3) to sponsor, control, or otherwise assist any 
        labor organization, other than to furnish upon request 
        customary and routine services and facilities on an 
        impartial basis to labor organizations having 
        equivalent status;
          (4) to discipline or otherwise discriminate against 
        an employee because the employee has filed a complaint 
        or petition, or has given any information, affidavit, 
        or testimony under this chapter;
          (5) to refuse to consult or negotiate in good faith 
        with a labor organization, as required under this 
        chapter;
          (6) to fail or refuse to cooperate in impasse 
        procedures and impasse decisions, as required under 
        this chapter;
          (7) to enforce any rule or regulation (other than a 
        rule or regulation implementing section 2302 of title 
        5, United States Code) which is in conflict with an 
        applicable collective bargaining agreement if the 
        agreement was in effect before the date the rule or 
        regulation was prescribed; or
          (8) to fail or refuse otherwise to comply with any 
        provision of this chapter.
    (b) It shall be an unfair labor practice for a labor 
organization--
          (1) to interfere with, restrain, or coerce any 
        employee in the exercise by the employee of any right 
        under this chapter;
          (2) to cause or attempt to cause the Department to 
        discriminate against any employee in the exercise by 
        the employee of any right under this chapter;
          (3) to coerce, discipline, fine, or attempt to coerce 
        a member of the labor organization as punishment or 
        reprisal, or for the purpose of hindering or impeding 
        the member's work performance or productivity as an 
        employee or the discharge of the member's functions as 
        an employee;
          (4) to discriminate against an employee with regard 
        to the terms and conditions of membership in the labor 
        organization on the basis of race, color, creed, 
        national origin, sex, age, preferential or 
        nonpreferential civil service status, political 
        affiliation, marital status, or handicapping condition;
          (5) to refuse to consult or negotiate in good faith 
        with the Department, as required under this chapter;
          (6) to fail or refuse to cooperate in impasse 
        procedures and impasse decisions, as required under 
        this chapter;
          (7)(A) to call, or participate in, a strike, work 
        stoppage, or slowdown, or to picket the Department in a 
        labor-management dispute (except that any such 
        picketing in the United States which does not interfere 
        with the Department's operations shall not be an unfair 
        labor practice); or
          (B) to condone any unfair labor practice described in 
        subparagraph (A) by failing to take action to prevent 
        or stop such activity;
          (8) to deny membership to any employee in the unit 
        represented by the labor organization except--
                  (A) for failure to tender dues uniformly 
                required as a condition of acquiring and 
                retaining membership, or
                  (B) in the exercise of disciplinary 
                procedures consistent with the organization's 
                constitution or bylaws and this chapter; or
          (9) to fail or refuse otherwise to comply with any 
        provision of this chapter.
    (c) The expression of any personal view, argument, or 
opinion, or the making of any statement, which--
          (1) publicizes the fact of a representational 
        election and encourages employees to exercise their 
        right to vote in such an election;
          (2) corrects the record with respect to any false or 
        misleading statement made by any person; or
          (3) informs employees of the Government's policy 
        relating to labor-management relations and 
        representation,
if the expression contains no threat of reprisal or force or 
promise of benefit and was not made under coercive conditions 
shall not--
          (A) constitute an unfair labor practice under this 
        chapter, or
          (B) constitute grounds for the setting aside of any 
        election conducted under this chapter.
    (d) Issues which can properly be raised under an appeals 
procedure may not be raised as unfair labor practices 
prohibited under this section. Except for matters wherein, 
under section 1109(a)(2),\343\ an employee has an option of 
using the grievance procedure under chapter 11 or an appeals 
procedure, issues which can be raised under section 1014 or 
chapter 11 may, in the discretion of the aggrieved party, be 
raised either under section or chapter or else raised as an 
unfair labor practice under this section, but may not be raised 
both under this section and under section 1014 or chapter 11.
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    \343\ Sec. 153(d)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 674), struck 
out ``section 1109(b)'' and inserted in lieu thereof ``section 
1109(a)(2)''.
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
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    Sec. 1016.\344\ Prevention of Unfair Labor Practices.--(a) 
If the Department or labor organization is charged by any 
person with having engaged in or engaging in an unfair labor 
practice, the General Counsel shall investigate the charge and 
may issue and cause to be served upon the Department or labor 
organization a complaint. In any case in which the General 
Counsel does not issue a complaint because the charge fails to 
state an unfair labor practice, the General Counsel shall 
provide the person making the charge a written statement of the 
reasons for not issuing a complaint.
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    \344\ 22 U.S.C. 4116.
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    (b) Any complaint under subsection (a) shall contain a 
notice--
          (1) of the charge;
          (2) that a hearing will be held before the Board (or 
        any member thereof or before an individual employed by 
        the Board and designated for such purpose); and
          (3) of the time and place fixed for the hearing.
    (c) The labor organization or Department involved shall 
have the right to file an answer to the original and any 
amended complaint and to appear in person or otherwise and give 
testimony at the time and place fixed in the complaint for the 
hearing.
    (d)(1) Except as provided in paragraph (2), no complaint 
shall be issued based on any alleged unfair labor practice 
which occurred more than 6 months before the filing of the 
charge with the Board.
    (2) If the General Counsel determines that the person 
filing any charge was prevented from filing the charge during 
the 6-month period referred to in paragraph (1) by reason of--
          (A) any failure of the Department or labor 
        organization against which the charge is made to 
        perform a duty owed to the person, or
          (B) any concealment which prevented discovery of the 
        alleged unfair labor practice during the 6-month 
        period,
the General Counsel may issue a complaint based on the charge 
if the charge was filed during the 6-month period beginning on 
the day of the discovery by the person of the alleged unfair 
labor practice.
    (e) The General Counsel may prescribe regulations providing 
for informal methods by which the alleged unfair labor practice 
may be resolved prior to the issuance of a complaint.
    (f) The Board (or any member thereof or any individual 
employed by the Board and designated for such purpose) shall 
conduct a hearing on the complaint not earlier than 5 days 
after the date on which the complaint is served. In the 
discretion of the individual or individuals conducting the 
hearing, any person involved may be allowed to intervene in the 
hearing and to present testimony. Any such hearing shall, to 
the extent practicable, be conducted in accordance with the 
provisions of subchapter II of chapter 5 of title 5, United 
States Code, except that the parties shall not be bound by 
rules of evidence, whether statutory, common law, or adopted by 
a court. A transcript shall be kept of the hearing. After such 
a hearing the Board, in its discretion, may upon notice receive 
further evidence or hear argument.
    (g) If the Board (or any member thereof or any individual 
employed by the Board and designated for such purpose) 
determines after any hearing on a complaint under subsection 
(f) that the preponderance of the evidence received 
demonstrates that the Department or labor organization named in 
the complaint has engaged in or is engaged in an unfair labor 
practice, then the individual or individuals conducting the 
hearing shall state in writing their findings of fact and shall 
issue and cause to be served on the Department or labor 
organization an order--
          (1) to cease and desist from any such unfair labor 
        practice in which the Department or labor organization 
        is engaged;
          (2) requiring the parties to renegotiate a collective 
        bargaining agreement in accordance with the order of 
        the Board and requiring that the agreement, as amended, 
        be given retroactive effect;
          (3) requiring reinstatement of an employee with 
        backpay in accordance with section 5596 of title 5, 
        United States Code; or
          (4) including any combination of the actions 
        described in paragraphs (1) through (3) or such other 
        action as will carry out the purpose of this chapter.
If any such order requires reinstatement of an employee with 
backpay, backpay may be required of the Department (as provided 
in section 5596 of title 5, United States Code) or of the labor 
organization, as the case may be, which is found to have 
engaged in the unfair labor practice involved.
    (h) If the individual or individuals conducting the hearing 
determine that the preponderance of the evidence received fails 
to demonstrate that the Department or labor organization named 
in the complaint has engaged in or is engaged in an unfair 
labor practice, the individual or individuals shall state in 
writing their findings of fact and shall issue an order 
dismissing the complaint.
    Sec. 1017.\345\ Standards of Conduct for Labor 
Organizations.--(a) The Department shall accord recognition 
only to a labor organization that is free from corrupt 
influences and influences opposed to basic democratic 
principles. Except as provided in subsection (b), an 
organization is not required to prove that it is free from such 
influences if it is subject to a governing requirement adopted 
by the organization or by a national or international labor 
organization or federation of labor organizations with which it 
is affiliated, or in which it participates, containing explicit 
and detailed provisions to which it subscribes calling for--
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    \345\ 22 U.S.C. 4117.
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          (1) the maintenance of democratic procedures and 
        practices, including--
                  (A) provisions for periodic elections to be 
                conducted subject to recognized safeguards, and
                  (B) provisions defining and securing the 
                right of individual members to participate in 
                the affairs of the organization, to receive 
                fair and equal treatment under the governing 
                rules of the organization, and to receive fair 
                process in disciplinary proceedings;
          (2) the exclusion from office in the organization of 
        persons affiliated with Communist or other totalitarian 
        movements and persons identified with corrupt 
        influences;
          (3) the prohibition of business or financial 
        interests on the part of organization officers and 
        agents which conflict with their duty to the 
        organization and its members; and
          (4) the maintenance of fiscal integrity in the 
        conduct of the affairs of the organization, including 
        provisions for accounting and financial controls and 
        regular financial reports or summaries to be made 
        available to members.
    (b) A labor organization may be required to furnish 
evidence of its freedom from corrupt influences opposed to 
basic democratic principles if there is reasonable cause to 
believe that--
          (1) the organization has been suspended or expelled 
        from, or is subject to other sanction by, a parent 
        labor organization, or federation of organizations with 
        which it has been affiliated, because it has 
        demonstrated an unwillingness or inability to comply 
        with governing requirements comparable in purpose to 
        those required by subsection (a); or
          (2) the organization is in fact subject to influences 
        that would preclude recognition under this chapter.
    (c) A labor organization which has or seeks recognition as 
a representative of employees under this chapter shall file 
financial and other reports with the Assistant Secretary of 
Labor for Labor Management Relations, provide for bonding of 
officials and others employed by the organization, and comply 
with trusteeship and election standards.
    (d) The Assistant Secretary of Labor shall prescribe such 
regulations as are necessary to carry out this section. Such 
regulations shall conform generally to the principles applied 
to labor organizations in the private sector. Complaints of 
violations of this section shall be filed with the Assistant 
Secretary. In any matter arising under this section, the 
Assistant Secretary may require a labor organization to cease 
and desist from violations of this section and require it to 
take such actions as the Assistant Secretary considers 
appropriate to carry out the policies of this section.
    (e) \346\ (1) Notwithstanding any other provision of this 
chapter--
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    \346\ Sec. 171 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), amended and 
restated subsec. (e). It formerly read as follows:
    ``(e) This chapter does not authorize participation in the 
management of a labor organization or acting as a representative of a 
labor organization by a management official, a confidential employee, 
or any other employee if the participation or activity would result in 
a conflict or apparent conflict of interest or would otherwise be 
incompatible with law or with the official functions of such management 
official or such employee.''.
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          (A) participation in the management of a labor 
        organization for purposes of collective bargaining or 
        acting as a representative of a labor organization for 
        such purposes is prohibited under this chapter--
                  (i) on the part of any management official or 
                confidential employee;
                  (ii) on the part of any individual who has 
                served as a management official or confidential 
                employee during the preceding two years; or
                  (iii) on the part of any other employee if 
                the participation or activity would result in a 
                conflict of interest or apparent conflict of 
                interest or would otherwise be incompatible 
                with law or with the official functions of such 
                employee; and
          (B) service as a management official or confidential 
        employee is prohibited on the part of any individual 
        having participated in the management of a labor 
        organization for purposes of collective bargaining or 
        having acted as a representative of a labor 
        organization during the preceding two years.
    (2) \347\ For the purposes of paragraph (1)(A)(ii) and 
paragraph (1)(B), the term ``management official'' does not 
include--
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    \347\ Sec. 2315 of the Foreign Relations Authorization Act for 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-828) amended and restated para. (2). It 
formerly read as follows: ``(2) For the purposes of paragraph 
(1)(A)(ii) and paragraph (1)(B), the term `management official' shall 
not include chiefs of mission, principal officers and their deputies, 
and administrative and personnel officers abroad.''.
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          (A) any chief of mission;
          (B) any principal officer or deputy principal 
        officer;
          (C) any administrative or personnel officer abroad; 
        or
          (D) any individual described in section 1002(12) (B), 
        (C), or (D) who is not involved in the administration 
        of this chapter or in the formulation of the personnel 
        policies and programs of the Department.
    (f) If the Board finds that any labor organization has 
willfully and intentionally violated section 1015(b)(7) by 
omission or commission with regard to any strike, work 
stoppage, slowdown, the Board shall--
          (1) revoke the exclusive recognition status of the 
        labor organization, which shall then immediately cease 
        to be legally entitled and obligated to represent 
        employees in the unit; or
          (2) take any other appropriate disciplinary action.
    Sec. 1018.\348\ Administrative Provisions.--(a) If the 
Department has received from any individual a written 
assignment which authorizes the Department to deduct from the 
salary of that individual amounts for the payment of regular 
and periodic dues of the exclusive representative, the 
Department shall honor the assignment. Any such assignment 
shall be made at no cost to the exclusive representative or the 
individual. Except as provided in subsection (b), any such 
assignment may not be revoked for a period of one year from its 
execution.
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    \348\ 22 U.S.C. 4118.
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    (b) An assignment for deduction of dues shall terminate 
when--
          (1) the labor organization ceases to be the exclusive 
        representative;
          (2) the individual ceases to receive a salary from 
        the Department as a member of the Service; or
          (3) the individual is suspended or expelled from 
        membership in the exclusive representative.
    (c) During any period when no labor organization is 
certified as the exclusive representative of employees in the 
Department, the Department shall have the duty to negotiate 
with a labor organization which has filed a petition under 
section 1011(b)(1)(A) alleging that 10 percent of the employees 
in the Department have membership in the organization if the 
Board has determined that the petition is valid. Negotiations 
under this subsection shall be concerned solely with the 
deduction of dues of the labor organization from the salary of 
the individuals who are members of the labor organization and 
who make a voluntary allotment for that purpose. Any agreement 
between the Department and a labor organization under this 
subsection shall terminate upon the certification of an 
exclusive representative of any employees to whom the agreement 
applies.
    (d) The following provisions shall apply to the use of 
official time:
          (1) Any employee representing an exclusive 
        representative in the negotiation of a collective 
        bargaining agreement under this chapter shall be 
        authorized official time for such purposes, including 
        attendance at impasse proceedings, during the time the 
        employee otherwise would be in a duty status. The 
        number of employees for whom official time is 
        authorized under this paragraph shall not exceed the 
        number of individuals designated as representing the 
        Department for such purposes.
          (2) Any activities performed by any employee relating 
        to the internal business of the labor organization, 
        including the solicitation of membership, elections of 
        labor organization officials, and collection of dues, 
        shall be performed during the time the employee is in a 
        nonduty status.
          (3) Except as provided in paragraph (1), the Board 
        shall determine whether any employee participating for, 
        or on behalf of, a labor organization in any phase of 
        proceedings before the Board shall be authorized 
        official time for such purpose during the time the 
        employee would otherwise be in a duty status.
          (4) Except as provided in paragraphs (1), (2), and 
        (3), any employee representing an exclusive 
        representative, or engaged in any other matter covered 
        by this chapter, shall be granted official time in any 
        amount the Department and the exclusive representative 
        agree to be reasonable, necessary, and in the public 
        interest.

                         Chapter 11--Grievances

    Sec. 1101.\349\ Definition of Grievance.--(a)(1) Except as 
provided in subsection (b), for purposes of this chapter, the 
term ``grievance'' means any act, omission, or condition 
subject to the control of the Secretary which is alleged to 
deprive a member of the Service who is a citizen of the United 
States (other than a United States citizen employed under 
section 311 who is not a family member) \350\ of a right or 
benefit authorized by law or regulation or which is otherwise a 
source of concern or dissatisfaction to the member, including--
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    \349\ 22 U.S.C. 4131.
    \350\ Sec. 180(a)(10) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 416), 
inserted ``(other than a United States citizen employed under section 
311 who is not a family member)'' after ``citizen of the United 
States''.
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          (A) separation of the member allegedly contrary to 
        laws or regulations, or predicated upon alleged 
        inaccuracy, omission, error, or falsely prejudicial 
        character of information in any part of the official 
        personnel record of the member;
          (B) other alleged violation, misinterpretation, or 
        misapplication of applicable laws, regulations, or 
        published policy affecting the terms and conditions of 
        the employment or career status of the member;
          (C) allegedly wrongful disciplinary action against 
        the member;
          (D) dissatisfaction with respect to the working 
        environment of the member;
          (E) alleged inaccuracy, omission, error, or falsely 
        prejudicial character of information in the official 
        personnel record of the member which is or could be 
        prejudicial to the member;
          (F) action alleged to be in the nature of reprisal or 
        other interference with freedom of action in connection 
        with participation by the member in procedures under 
        this chapter; \351\
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    \351\ Sec. 153(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 673), struck 
out ``and'' from subpar. (F); replaced the period at the end of subpar. 
(G) with ``; and''; and added a new subpar. (H).
    Sec. 153(f) of that Act further provided the following:
    ``(f) Applicability.--The amendments made by this section shall not 
apply with respect to any grievance (within the meaning of section 1101 
of the Act, as amended by this section) arising before the date of 
enactment of this Act.''.
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          (G) alleged denial of an allowance, premium pay, or 
        other financial benefit to which the member claims 
        entitlement under applicable laws or regulations; and 
        \351\
          (H) \351\ any discrimination prohibited by--
                  (i) section 717 of the Civil Rights Act of 
                1964,
                  (ii) section 6(d) of the Fair Labor Standards 
                Act of 1938,
                  (iii) section 501 of the Rehabilitation Act 
                of 1973,
                  (iv) sections 12 and 15 of the Age 
                Discrimination in Employment Act of 1967, or
                  (v) any rule, regulation, or policy directive 
                prescribed under any provision of law described 
                in clauses (i) through (iv).
    (2) The scope of grievances described in paragraph (1) may 
be modified by written agreement between the Department and the 
labor organization accorded recognition as the exclusive 
representative under chapter 10 (hereinafter in this chapter 
referred to as the ``exclusive representative'').
    (b) For purposes of this chapter, the term ``grievance'' 
does not include--
          (1) an individual assignment of a member under 
        chapter 5, other than an assignment alleged to be 
        contrary to law or regulation;
          (2) the judgment of a selection board established 
        under section 602, a tenure board established under 
        section 306(b), or any other equivalent body 
        established by laws or regulations which similarly 
        evaluates the performance of members of the Service on 
        a comparative basis;
          (3) the expiration of a limited appointment, the 
        termination of a limited appointment under section 
        612,\352\ or the denial of a limited career extension 
        or of a renewal of a limited career extension under 
        section 607(b); or
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    \352\ Sec. 181(a)(4)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), struck 
``611' and inserted in lieu thereof ``612''.
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          (4) any complaint or appeal where a specific 
        statutory hearing procedure exists, except as provided 
        in section 1109(a)(2).\353\
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    \353\ Sec. 153(a)(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 673), struck 
out ``section 1109(b)'' and inserted in lieu thereof ``section 
1109(a)(2)''. Subpar. (B) of that section further added the closing 
sentence to par. 4.
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
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Nothing in this subsection shall exclude any act, omission, or 
condition alleged to violate any law, rule, regulation, or 
policy directive referred to in subsection (a)(1)(H) from such 
term.\353\
    (c) This chapter applies only with respect to the 
Department of State, the Broadcasting Board of Governors, the 
Agency for International Development,\354\ the Department of 
Agriculture, and the Department of Commerce.
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    \354\ Sec. 1335(k)(4) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-789) struck out ``United States Information Agency'' and inserted 
in lieu thereof ``Broadcasting Board of Governors''. Sec. 1422(b)(4)(D) 
of that Act (112 Stat. 2681-793) struck out ``United States 
International Development Cooperation Agency'' and inserted in lieu 
thereof ``Agency for International Development''.
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    Sec. 1102.\355\ Grievances Concerning Former Members.--
Within the time limitations of section 1104, a former member of 
the Service or the surviving spouse (or, if none, another 
member of the family) of a deceased member or former member of 
the Service may file a grievance under this chapter only with 
respect to allegations described in section 1101(a)(1)(G).
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    \355\ 22 U.S.C. 4132.
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    Sec. 1103.\356\ Freedom of Action.--(a) Any individual 
filing a grievance under this chapter (hereinafter in this 
chapter referred to as the ``grievant''), and any witness, 
labor organization, or other person involved in a grievance 
proceeding, shall be free from any restraint, interference, 
coercion, harassment, discrimination, or reprisal in those 
proceedings or by virtue of them.
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    \356\ 22 U.S.C. 4133.
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    (b)(1) The grievant has the right to a representative of 
his or her own choosing at every stage of the proceedings under 
this chapter.
    (2) In any case where the grievant is a member of a 
bargaining unit represented by an exclusive representative, but 
is not represented in the grievance by that exclusive 
representative, the exclusive representative shall have the 
right to appear during the grievance proceedings.
    (3) The grievant, and any representative of the grievant 
who is a member of the Service or employee of the Department, 
shall be granted reasonable periods of administrative leave to 
prepare and present the grievance and to attend proceedings 
under this chapter.
    (c) Any witness who is a member of the Service or employee 
of the Department shall be granted reasonable periods of 
administrative leave to appear and testify at any proceedings 
under this chapter.
    (d)(1) No record of--
          (A) a determination by the Secretary to reject a 
        recommendation of the Foreign Service Grievance Board,
          (B) a finding by the Grievance Board against the 
        grievant, or
          (C) the fact that a grievance proceeding is pending 
        or has been held,
shall be entered in the personnel records of the grievant 
(except by order of the Grievance Board as a remedy for the 
grievance) or those of any other individual connected with the 
grievance. Nothing in this subsection shall prevent a grievant 
from placing a rebuttal to accompany a record of disciplinary 
action in such grievant's personnel records nor prevent the 
Department from including a response to such rebuttal, 
including documenting those cases in which the Board has 
reviewed and upheld the discipline.\357\
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    \357\ Sec. 329 of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added ``Nothing in this subsection shall prevent a 
grievant from placing a rebuttal to accompany a record of disciplinary 
action in such grievant's personnel records nor prevent the Department 
from including a response to such rebuttal, including documenting those 
cases in which the Board has reviewed and upheld the discipline.''.
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    (2) The Department shall maintain records pertaining to 
grievances under appropriate safeguards to preserve 
confidentiality.
    (3) The Foreign Service Grievance Board may enforce 
compliance with the requirements of paragraphs (1) and (2).
    (e) The Department will use its best endeavors to expedite 
security clearance procedures whenever necessary to assure a 
fair and prompt resolution of a grievance.
    Sec. 1104.\358\ Time Limitations.--(a) A grievance is 
forever barred under this chapter \359\ unless it is filed with 
the Department not later than two years after the occurrence 
giving rise to the grievance or, in the case of a grievance 
with respect to the grievant's rater or reviewer, one year 
after the date on which the grievant ceased to be subject to 
rating or review by that person, but in no case less than two 
years after the occurrence giving rise to the grievance.\360\ 
There shall be excluded from the computation of any such period 
any time during which, as determined by the Foreign Service 
Grievance Board, the grievant was unaware of the grounds for 
the grievance and could not have discovered such grounds 
through reasonable diligence.
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    \358\ 22 U.S.C. 4134.
    \359\ Sec. 153(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 673), 
inserted ``under this chapter'' before ``unless''.
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
    \360\ Sec. 330(a) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), effective 180 days after enactment, struck out ``within a 
period of 3 years after the occurrence or occurrences giving rise to 
the grievance or such shorter period as may be agreed to by the 
Department and the exclusive representative.'' and inserted in lieu 
thereof ``not later than two years after the occurrence giving rise to 
the grievance or, in the case of a grievance with respect to the 
grievant's rater or reviewer, one year after the date on which the 
grievant ceased to be subject to rating or review by that person, but 
in no case less than two years after the occurrence giving rise to the 
grievance.''.
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    (b) If a grievance is not resolved under Department 
procedures (which have been negotiated with the exclusive 
representative, if any) within ninety days after it is filed 
with the Department, the grievant or the exclusive 
representative (on behalf of a grievant who is a member of the 
bargaining unit) shall be entitled to file a grievance with the 
Foreign Service Grievance Board for its consideration and 
resolution.
  (c) \361\ (1) In applying subsection (a) with respect to an 
alleged violation of a law, rule, regulation, or policy 
directive referred to in section 1101(a)(1)(H), the reference 
to ``2 years'' \362\ shall be deemed to read ``180 days'', 
subject to paragraph (2).
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    \361\ Sec. 153(b)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 673), added 
subsec. (c).
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
    \362\ Sec. 329(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``3 years'' and inserted in lieu thereof ``2 
years'', effective 180 days after enactment.
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  (2) If the occurrence or occurrences giving rise to the 
grievance are alleged to have occurred while the grievant was 
assigned to a post abroad, the 180-day period provided for 
under paragraph (1) shall not commence until the earlier of--
          (A) the date as of which the grievant is no longer 
        assigned to such post; or
          (B) the expiration of the 18-month period beginning 
        on the date of the occurrence giving rise to the 
        grievance or the last such occurrence, as the case may 
        be.
    Sec. 1105.\363\ Foreign Service Grievance Board.--(a) There 
is established the Foreign Service Grievance Board (hereinafter 
in this chapter referred to as the ``Board''). The Board shall 
consist of no fewer than 5 members who shall be independent, 
distinguished citizens of the United States, well known for 
their integrity, who are not employees of the Department or 
members of the Service.
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    \363\ 22 U.S.C. 4135.
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    (b) The Chairperson and other members of the Board shall be 
appointed by the Secretary of State, from nominees approved in 
writing by the agencies to which this chapter applies and the 
exclusive representative (if any) for each such agency. Each 
member of the Board shall be appointed for a term of 2 years, 
subject to renewal with the same written approvals required for 
initial appointment. In the event of a vacancy on the Board, an 
appointment for the unexpired term may be made by the Secretary 
of State in accordance with the procedures specified in this 
section. In the event of inability to obtain agreement on a 
nominee, each such agency and exclusive representative shall 
select 2 nominees and shall, in an order determined by lot, in 
turn strike a name from a list of such nominees until only one 
name remains. For purposes of this section, the nominee whose 
name remains shall be deemed to be approved in writing by each 
such agency head and exclusive representative.
    (c) Members of the Board who are not employees of the 
Government shall be paid for each day they are performing their 
duties (including traveltime) at the daily equivalent of the 
maximum rate payable for grade GS-18 of the General Schedule 
under section 5332 of title 5, United States Code.
    (d) The Secretary of State may, upon written notice, remove 
a Board member for corruption, neglect of duty, malfeasance, or 
demonstrated incapacity to perform his or her functions, 
established at a hearing (unless the right to a hearing is 
waived in writing by the Board member).
    (e) The Board may obtain facilities, services, and supplies 
through the general administrative services of the Department 
of State. All expenses of the Board, including necessary costs 
of the travel and travel-related expenses of a grievant, shall 
be paid out of funds appropriated to the Department for 
obligation and expenditure by the Board. At the request of the 
Board, employees of the Department and members of the Service 
may be assigned as staff employees for the Board. Within the 
limits of appropriated funds, the Board may appoint and fix the 
compensation of such other employees as the Board considers 
necessary to carry out its functions. The individuals so 
appointed or assigned shall be responsible solely to the Board, 
and the Board shall prepare the performance evaluation reports 
for such individuals. The records of the Board shall be 
maintained by the Board and shall be separate from all other 
records of the Department of State under appropriate safeguards 
to preserve confidentiality.
    (f) \364\ (1) Not later than March 1 of each year, the 
Chairman of the Foreign Service Grievance Board shall prepare a 
report summarizing the activities of the Board during the 
previous calendar year. The report shall include--
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    \364\ Sec. 331 of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2001 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added subsec. (f).
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          (A) the number of cases filed;
          (B) the types of cases filed;
          (C) the number of cases on which a final decision was 
        reached, as well as data on the outcome of cases, 
        whether affirmed, reversed, settled, withdrawn, or 
        dismissed;
          (D) the number of oral hearings conducted and the 
        length of each such hearing;
          (E) the number of instances in which interim relief 
        was granted by the Board; and
          (F) data on the average time for consideration of a 
        grievance, from the time of filing to a decision of the 
        Board.
    (2) The report required under paragraph (1) shall be 
submitted to the Director General of the Foreign Service and 
the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of 
Representatives.
    Sec. 1106.\365\ Board Procedures.--The Board may adopt 
regulations concerning its organization and procedures. Such 
regulations shall include provision for the following:
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    \365\ 22 U.S.C. 4136.
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          (1) The Board shall conduct a hearing at the request 
        of a grievant in any case which involves--
                  (A) disciplinary action or the retirement of 
                a grievant from the Service under section 607 
                or 608, or
                  (B) issues which, in the judgment of the 
                Board, can best be resolved by a hearing or 
                presentation of oral argument.
          (2) The grievant, the representatives of the 
        grievant, the exclusive representative (if the grievant 
        is a member of the bargaining unit represented by the 
        exclusive representative), and the representatives of 
        the Department are entitled to be present at the 
        hearing. The Board may, after considering the views of 
        the parties and any other individuals connected with 
        the grievance, decide that a hearing should be open to 
        others. Testimony at a hearing shall be given under 
        oath, which any Board member or individual designated 
        by the Board shall have authority to administer.
          (3) Each party (including an exclusive representative 
        appearing in the proceedings) shall be entitled to 
        examine and cross-examine witnesses at the hearing or 
        by deposition and to serve interrogatories upon another 
        party and have such interrogatories answered by the 
        other party unless the Board finds such interrogatory 
        irrelevant, immaterial, or unduly repetitive. Upon 
        request of the Board, or upon a request of the grievant 
        deemed relevant and material by the Board, an agency 
        shall promptly make available at the hearing or by 
        deposition any witness under its control, supervision, 
        or responsibility, except that if the Board determines 
        that the presence of such witness at the hearing is 
        required for just resolution of the grievance, then the 
        witness shall be made available at the hearing, with 
        necessary costs and travel expenses paid by the 
        Department.
          (4) During any hearing held by the Board, any oral or 
        documentary evidence may be received, but the Board 
        shall exclude any irrelevant, immaterial, or unduly 
        repetitious evidence, as determined under section 556 
        of title 5, United States Code.
          (5) A verbatim transcript shall be made of any 
        hearing and shall be part of the record of proceedings.
          (6) In those grievances in which the Board does not 
        hold a hearing, the Board shall afford to each party 
        the opportunity to review and to supplement, by written 
        submissions, the record of proceedings prior to the 
        decision by the Board. The decision of the Board shall 
        be based exclusively on the record of proceedings.
          (7) The Board may act by or through panels or 
        individual members designated by the Chairperson, 
        except that hearings within the continental United 
        States shall be held by panels of at least three 
        members unless the parties agree otherwise. References 
        in this chapter to the Board shall be considered to be 
        references to a panel or member of the Board where 
        appropriate. All members of the Board shall act as 
        impartial individuals in considering grievances.
          (8) If the Board determines that the Department is 
        considering the involuntary separation of the grievant, 
        disciplinary action against the grievant, or recovery 
        from the grievant of alleged overpayment of salary, 
        expenses, or allowances, which is related to a 
        grievance pending before the Board and that such action 
        should be suspended, the Department shall suspend such 
        action until the date which is one year after such 
        determination or until the Board has ruled upon the 
        grievance, whichever comes first. The Board shall 
        extend the one-year limitation under the preceding 
        sentence and the Department shall continue to suspend 
        such action, if the Board determines that the agency or 
        the Board is responsible for the delay in the 
        resolution of the grievance. The Board may also extend 
        the 1-year limit if it determines that the delay is due 
        to the complexity of the case, the unavailability of 
        witnesses or to circumstances beyond the control of the 
        agency, the Board or the grievant.\366\ Notwithstanding 
        such suspension of action, the head of the agency 
        concerned or a chief of mission or principal officer 
        may exclude the grievant from official premises or from 
        the performance of specified functions when such 
        exclusion is determined in writing to be essential to 
        the functioning of the post or office to which the 
        grievant is assigned. Notwithstanding the first 
        sentence of this paragraph, the Board's authority to 
        suspend such action shall not extend to instances where 
        the Secretary, or his designee, has exercised his 
        authority under subsection (a)(3) of section 610 \367\ 
        or with respect to any action which would delay the 
        separation of an employee pursuant to a reduction in 
        force conducted under section 611.\368\
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    \366\ Sec. 177(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 414), struck 
out ``until the Board has ruled upon the grievance.'', and inserted in 
lieu thereof ``until the date which is one year after such 
determination or until the Board has ruled upon the grievance, 
whichever comes first. The Board shall extend the one-year limitation 
under the preceding sentence and the Department shall continue to 
suspend such action, if the Board determines that the agency or the 
Board is responsible for the delay in the resolution of the grievance. 
The Board may also extend the 1-year limit if it determines that the 
delay is due to the complexity of the case, the unavailability of 
witnesses or to circumstances beyond the control of the agency, the 
Board or the grievant.''.
    \367\ Sec. 143(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 668), struck 
out ``determined that there is reasonable cause to believe that a 
grievant has committed a job-related crime for which a sentence of 
imprisonment may be imposed and has taken action to suspend the 
grievant without pay pending a final resolution of the underlying 
matter.'', and inserted in lieu thereof ``exercised his authority under 
subsection (a)(3) of section 610.''. This last sentence had originally 
been added by sec. 586(a) of the Foreign Relations, Export Financing, 
and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1252).
    \368\ Sec. 181(a)(4)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 417), 
inserted ``or with respect to any action which would delay the 
separation of an employee pursuant to a reduction in force conducted 
under section 611'' at the end of para. (8).
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          (9) The Board may reconsider any decision upon 
        presentation of newly discovered or previously 
        unavailable material evidence.
    Sec. 1107.\369\ Board Decisions.--(a) Upon completion of 
its proceedings, the Board shall expeditiously decide the 
grievance on the basis of the record of proceedings. In each 
case the decision of the Board shall be in writing, and shall 
include findings of fact and a statement of the reasons for the 
decision of the Board.
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    \369\22 U.S.C. 4137.
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    (b) If the Board finds that the grievance is meritorious, 
the Board shall have the authority to direct the Department--
          (1) to correct any official personnel record relating 
        to the grievant which the Board finds to be inaccurate 
        or erroneous, to have an omission, or to contain 
        information of a falsely prejudicial character;
          (2) to reverse a decision denying the grievant 
        compensation or any other perquisite of employment 
        authorized by laws or regulations when the Board finds 
        that such decision was arbitrary, capricious, or 
        contrary to laws or regulations;
          (3) to retain in the Service a member whose 
        separation would be in consequence of the matter by 
        which the member is aggrieved;
          (4) to reinstate the grievant, and to grant the 
        grievant back pay in accordance with section 5596(b)(1) 
        of title 5, United States Code;
          (5) to pay reasonable attorney fees to the grievant 
        to the same extent and in the same manner as such fees 
        may be required by the Merit Systems Protection Board 
        under section 7701(g) of title 5, United States Code; 
        and
           (6) to take such other remedial action as may be 
        appropriate under procedures agreed to by the 
        Department and the exclusive representative (if any).
    (c) Except as provided in subsection (d), decisions of the 
Board under this chapter shall be final, subject only to 
judicial review as provided in section 1110.
    (d)(1) \370\ If the Board finds that the grievance is 
meritorious and that remedial action should be taken that 
relates directly to promotion, tenure or assignment of the 
grievant or to other remedial action not otherwise provided for 
in this section, or if the Board finds that the evidence before 
it warrants disciplinary action against any employee of the 
Department or member of the Service, it shall make an 
appropriate recommendation to the Secretary. The Secretary 
shall make a written decision on the recommendation of the 
Board within 30 days after receiving the recommendation. The 
Secretary shall implement the recommendation of the Board 
except to the extent that, in a decision made within that 30-
day period, the Secretary rejects the recommendation in whole 
or in part on the basis of a determination that implementation 
of the recommendation would be contrary to law or would 
adversely affect the foreign policy or national security of the 
United States. If the Secretary rejects the recommendation in 
whole or in part, the decision shall specify the reasons for 
such action. Pending the decision of the Secretary, there shall 
be no ex parte communication concerning the grievance between 
the Secretary, and any person involved in the proceedings of 
the Board. The Secretary shall, however, have access to the 
entire record of the proceedings of the Board.
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    \370\ Sec. 181(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1363) 
inserted paragraph designation (1) after (d), and added new paragraphs 
(2) and (3). Sec. 181(b) added the word ``tenure'' in the first 
sentence. Sec. 181(e) of the same Act provided that these amendments 
not apply with respect to any grievance in which the Board has issued a 
final decision pursuant to this section before their enactment.
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  (2) \370\ A recommendation under paragraph (1) shall, for 
purposes of section 1110 of this Act, be considered a final 
action upon the expiration of the 30-day period referred to in 
such paragraph, except to the extent that it is rejected by the 
Secretary by an appropriate written decision.
  (3) \370\ (A) If the Secretary makes a written decision under 
paragraph (1) rejecting a recommendation in whole or in part on 
the basis of a determination that implementing such 
recommendation would be contrary to law, the Secretary shall, 
within the 30-day period referred to in such paragraph--
          (i) submit a copy of such decision to the Board; and
          (ii) request that the Board reconsider its 
        recommendation or, if less than the entirety is 
        rejected, that the Board reconsider the portion 
        rejected.
  (B)(i) Within 30 days after receiving a request under 
subparagraph (A), the Board shall, after reviewing the 
Secretary's decision, make a recommendation to the Secretary 
either confirming, modifying, or vacating its original 
recommendation or, if less than the entirety was rejected, the 
portion involved.
  (ii) Reconsideration under this subparagraph shall be limited 
to the question of whether implementing the Board's original 
recommendation, either in whole or in part, as applicable, 
would be contrary to law.
  (C) A recommendation made under subparagraph (B) shall be 
considered a final action for purposes of section 1110 of this 
Act, and shall be implemented by the Secretary.
  (e) \371\ (1) The Board shall maintain records of all 
grievances awarded in favor of the grievant in which the 
grievance concerns gross misconduct by a supervisor. Subject to 
paragraph (2), the Committee on Foreign Relations of the Senate 
shall be provided with a copy of the grievance decision 
whenever such a supervisor is nominated for any position 
requiring the advice and consent of the Senate and the Board 
shall provide access to the entire record of any proceedings of 
the Board concerning such a grievance decision to any Member of 
the Committee on Foreign Relations upon a request by the 
Chairman or Ranking Minority Member of such committee.
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    \371\ Subsec. (e) was added by sec. 182 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1364).
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  (2)(A) Except as provided in subparagraph (B), all decisions, 
proceedings, and other records disclosed pursuant to paragraph 
(1) shall be treated as confidential and may be disclosed only 
to Committee members and appropriate staff.
  (B) Whenever material is provided to the Committee or a 
Member thereof pursuant to paragraph (1), the Board shall, at 
the same time, provide a copy of all such material to the 
supervisor who is the subject of such material.
  (C) A supervisor who is the subject of records disclosed to 
the committee pursuant to this subsection shall have the right 
to review such record and provide comments to the Committee 
concerning such record. Such comments shall be treated in a 
confidential manner.
  (f) \372\ The Board shall, with respect to any grievance 
based on an alleged violation of a law, rule, regulation, or 
policy directive referred to in section 1101(a)(1)(H), apply 
the substantive law that would be applied by the Equal 
Employment Opportunity Commission if a charge or claim alleging 
discrimination under such law, rule, regulation, or policy 
directive had been filed with the commission.
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    \372\ Sec. 153(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 673), added 
subsec. (f).
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
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    Sec. 1108.\373\ Access to Records.--(a) If a grievant is 
denied access to any agency record prior to or during the 
consideration of the grievance by the Department, the grievant 
may raise such denial before the Board in connection with the 
grievance.
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    \373\ 22 U.S.C. 4138.
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    (b) In considering a grievance, the Board shall have access 
to any agency record as follows:
          (1)(A) The Board shall request access to any agency 
        record which the grievant requested to substantiate the 
        grievance if the Board determines that such record may 
        be relevant and material to the grievance.
          (B) The Board may request access to any other agency 
        record which the Board determines may be relevant and 
        material to the grievance.
          (2) Any agency shall make available to the Board any 
        agency record requested under paragraph (1) unless the 
        head or deputy head of such agency personally certifies 
        in writing to the Board that disclosure of the record 
        to the Board and the grievant would adversely affect 
        the foreign policy or national security of the United 
        States or that such disclosure is prohibited by law. If 
        such a certification is made with respect to any 
        record, the agency shall supply to the Board a summary 
        or extract of such record unless the reasons specified 
        in the preceding sentence preclude such a summary or 
        extract.
    (c) If the Board determines that an agency record, or a 
summary or extract of a record, made available to the Board 
under subsection (b) is relevant and material to the grievance, 
the agency concerned shall make such record, summary, or 
extract, as the case may be, available to the grievant.
    (d) In considering a grievance, the Board may take into 
account the fact that the grievant or the Board was denied 
access to an agency record which the Board determines is or may 
be relevant and material to the grievance.
    (e) The grievant in any case decided by the Board shall 
have access to the record of the proceedings and the decision 
of the Board.
    Sec. 1109.\374\ Relationship to Other Remedies.--(a)(1) 
\375\ A grievant may not file a grievance with the Board if the 
grievant has formally requested, prior to filing a grievance, 
that the matter or matters which are the basis of the grievance 
be considered or resolved and relief be provided under another 
provision of law, regulation, or Executive order, other than 
under section 1214 or 1221 \376\ of title 5, United States 
Code, and the matter has been carried to final decision under 
such provision on its merits or is still under consideration.
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    \374\ 22 U.S.C. 4139.
    \375\ Sec. 153(d)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 673), added 
par. designation (1) and redesignated subsec. (b) as par. (2). In newly 
designated par. (2), it further struck ``subsection (a)'' and inserted 
``paragraph (1)''; struck ``under this section'' and inserted ``under 
this subsection''; and added a new par. (3).
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
    \376\ Sec. 9 of the Whistleblower Protection Act (Public Law 101-
12; 103 Stat. 35) made a conforming amendment at this point, striking 
reference to section 1206 and inserting reference to section 1214 or 
1221.
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    (2) If a grievant is not prohibited from filing a grievance 
under paragraph (1), the grievant may file with the Board a 
grievance which is also eligible for consideration, resolution, 
and relief under chapter 12 of title 5, United States Code, or 
a regulation or Executive order other than under this chapter. 
An election of remedies under this subsection shall be final 
upon the acceptance of jurisdiction by the Board.
    (3) \375\ This subsection shall not apply to any grievance 
with respect to which subsection (b) applies.
  (b) \377\ (1) With respect to a grievance based on an alleged 
violation of a law, rule, regulation, or policy directive 
referred to in section 1101(a)(1)(H), a grievant may either--
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    \377\ Sec. 153(d)(1)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 674), added 
subsec. (b).
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
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          (A) file a grievance under this chapter, or
          (B) initiate in writing a proceeding under another 
        provision of law, regulation, or Executive order that 
        authorizes relief,
but not both.
  (2) A grievant shall be considered to have exercised the 
option under paragraph (1) as soon as the grievant timely 
either--
          (A) files a grievance under this chapter, or
          (B) initiates in writing a proceeding under such 
        other provision of law, regulation, or Executive order.
    Sec. 1110.\378\ Judicial Review.--(a) \379\ Any aggrieved 
party may obtain judicial review of a final action of the 
Secretary or the Board on any grievance in the district courts 
of the United States in accordance with the standards set forth 
in chapter 7 of title 5, United States Code, if the request for 
judicial review is filed not later than 180 days after the 
final action of the Secretary or the Board (or in the case of 
an aggrieved party who is posted abroad at the time of the 
final action of the Secretary or the Board, if the request for 
judicial review is filed not later than 180 days after the 
aggrieved party's return to the United States).\380\ Section 
706 of title 5, United States Code, shall apply without 
limitation or exception. This subsection shall not apply to any 
grievance with respect to which subsection (b) applies.\379\
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    \378\ 22 U.S.C. 4140.
    \379\ Sec. 153(e) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 674), added 
subsec. designation (a); and added a new subsec. (b).
    Sec. 153(e)(2) of that Act also added the third sentence in subsec. 
(a).
    Subsec. (f) of sec. 153 further provided that ``The amendments made 
by this section shall not apply with respect to any grievance (within 
the meaning of section 1101 of the Act, as amended by this section) 
arising before the date of enactment of this Act.''.
    \380\ Sec. 177(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 414), 
inserted ``, if the request for judicial review is filed not later than 
180 days after the final action of the Secretary or the Board (or in 
the case of an aggrieved party who is posted abroad at the time of the 
final action of the Secretary or the Board, if the request for judicial 
review is filed not later than 180 days after the aggrieved party's 
return to the United States)'' after ``United States Code''.
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  (b) \379\ (1) For purposes of this subsection, the term 
``aggrieved party'' means a grievant.
  (2) With respect to a grievance based on an alleged violation 
of a law, rule, regulation, or policy directive referred to in 
section 1101(a)(1)(H), judicial review of whether the act, 
omission, or condition that is the basis of the grievance 
violates such law, rule, regulation, or policy directive may be 
obtained by an aggrieved party only if such party commences a 
civil action, not later than 90 days after such party receives 
notice of the final action of the Secretary or the Board, in an 
appropriate district court of the United States for de novo 
review.

          Chapter 12--Foreign Service Internship Program \381\

    Sec. 1201.\381\, \382\ Statement of Policy; 
Objectives.
    (a) Statement of Policy.--Consistent with the findings of 
section 101, the Foreign Service of the United States should be 
representative of the American people. In order to facilitate 
and encourage the entry into the Foreign Service of individuals 
who meet the rigorous requirements of the Service, while 
ensuring a Foreign Service system which reflects the cultural 
and ethnic diversity of the United States, intensive 
recruitment efforts are mandated. This is particularly true for 
Native Americans, African Americans, and Hispanic Americans, 
where other affirmative action and equal opportunity efforts 
have not been successful in attracting the ablest applicants 
for entry into the Foreign Service. The United States remains 
committed to equal opportunity and to a Foreign Service system 
operated on the basis of merit principles.
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    \381\ Sec. 149(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 39), added 
chapter 12. Sec. 149(d) of that Act also provided the following:
    ``(d) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State shall submit a report 
to the Congress concerning the implementation of the Foreign Service 
Internship Program.''.
    \382\ 22 U.S.C. 4141.
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    (b) Objectives.--The objective of this chapter is to 
strengthen and improve the Foreign Service of the United States 
through the establishment of a Foreign Service Internship 
Program. The program shall promote the Foreign Service as a 
viable and rewarding career opportunity for qualified 
individuals who reflect the cultural and ethnic diversity of 
the United States through a highly selective internship program 
for students enrolled in institutions of higher education.
    Sec. 1202.\381\, \383\ Foreign Service 
Internship Program.
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    \383\ 22 U.S.C. 4141a.
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    (a) Establishment.--In consultation with the heads of other 
agencies utilizing the Foreign Service system, the Secretary of 
State shall establish a Foreign Service internship program to 
carry out the objectives of this chapter in accordance with the 
provisions of this chapter.
    (b) Foreign Service Internship Program.--The program shall 
introduce interns to the practice of diplomacy and the unique 
rewards of the Foreign Service. The program shall consist of 
three successive summer internships of not less than eight 
weeks duration in each year to be completed over the course of 
not more than four years. Special emphasis shall be given to 
preparing the intern for the Foreign Service examination 
process. In each year not less than 10 interns shall enter the 
program.
    (c) Eligibility to Participate.--
          (1) Students enrolled full-time in institutions of 
        higher education from groups which are underrepresented 
        in the Foreign Service in terms of the cultural and 
        ethnic diversity of the Foreign Service and for whom 
        equal opportunity and affirmative action recruitment 
        efforts have not been successful in achieving balanced 
        representation in appointments to the Foreign Service 
        shall be eligible to be interns in programs under this 
        chapter.
          (2) An intern shall have successfully completed not 
        less than one academic year of study at an institution 
        of higher education to be admitted to the program. In 
        each succeeding year of participation an intern shall 
        have completed an additional year of undergraduate or 
        graduate study and shall maintain an exemplary record 
        of academic achievement.
          (3) In selecting interns, the Secretary shall 
        consider only the ablest students of superior ability 
        selected on the basis of demonstrated achievement and 
        exceptional promise whose academic records reflect the 
        requisite standards of performance necessary for the 
        Foreign Service.
    (d) Summer Internships.--
          (1) The primary focus of the first internship shall 
        be the study of international relations, the functions 
        of the Department of State and other agencies which 
        utilize the Foreign Service system, and the nature of 
        the Foreign Service. The internship shall be held in 
        Washington, District of Columbia, at the Department of 
        State. As appropriate, the Secretary shall utilize the 
        personnel and facilities of the Foreign Service 
        Institute.
          (2) The second internship shall be, principally, an 
        assignment to a specific bureau of the Department of 
        State. Emphasis shall be on providing insight into the 
        economic and political functional areas.
          (3) The third internship shall be an assignment to a 
        United States mission abroad in the political or 
        economic area.
          (4) The first and second internships may include a 
        detail to the Congress.
    (e) Administration.--The Secretary of State shall determine 
the academic requirements, other selection criteria, and 
standards for successful completion of each internship period. 
The Secretary shall be responsible for the design, 
implementation, and operation of the program.
    (f) Mentors.--Each intern shall be assigned a career 
Foreign Service officer as a mentor. The mentor shall act as a 
counselor and advisor throughout each summer internship and as 
a personal Foreign Service contact throughout the period of 
participation in the program. In the assignment of mentors, the 
Secretary shall give preference to Foreign Service officers who 
volunteer for such assignment and who may be role models for 
the interns.
    (g) Compensation.--Interns shall be compensated at a rate 
determined by the Secretary which shall not be less than the 
compensation of comparable summer interns at the Department of 
State. As determined by the Secretary, for the purposes of 
travel, housing, health insurance, and other appropriate 
benefits, interns shall be considered employees of the Foreign 
Service during each internship period.
    (h) Study of Foreign Service Examination.--The Secretary of 
State shall study the feasibility of administering the Foreign 
Service examination in separate segments over several years. 
Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall submit a report summarizing the 
findings of such a study to the Committee on Foreign Affairs 
\384\ of the House of Representatives and the Committee on 
Foreign Relations of the Senate.
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    \384\ Sec. 1(a)(5) of that Act (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 1203.\381\, \385\ Report to Congress.
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    \385\ 22 U.S.C. 4141b.
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    Together with the annual submission required under section 
105(d)(2), the Secretary of State shall submit a report to the 
Congress concerning the implementation of the program 
established under this chapter. Such report accompanied by such 
other information as the Secretary considers appropriate, shall 
include specific information concerning the completion rates of 
interns in the program, interns who took the Foreign Service 
examination, interns who passed the examination, former interns 
appointed to the Foreign Service, assignments of former 
interns, and the advancement of former interns through the 
Foreign Service System.
    Sec. 1204.\381\, \386\ Authorization of 
Appropriations.
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    \386\ 22 U.S.C. 4141c. Section 1102 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 90), waived sec. 1204, as added by sec. 149(b) of that Act, for 
fiscal years 1990 and 1991, effective on the date of enactment of that 
Act (February 16, 1990).
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    Of the amounts authorized to be appropriated by section 
101(a)(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991, $100,000 for the fiscal year 1990 and 
$150,000 for the fiscal year 1991 shall be available only to 
carry out this chapter. Sums appropriated for the purposes of 
this chapter are authorized to remain available until expended.

   TITLE II--TRANSITION, AMENDMENTS TO OTHER LAWS, AND MISCELLANEOUS 
                               PROVISIONS

                         Chapter 1--Transition

    Sec. 2101.\387\ Pay and Benefits Pending Conversion.--Until 
converted under the provisions of this chapter, any individual 
who is in the Foreign Service before the effective date of this 
Act and is serving under an appointment as a Foreign Service 
officer, Foreign Service information officer, Foreign Service 
Reserve officer with limited or unlimited tenure, or Foreign 
Service staff officer or employee, shall be treated for 
purposes of salary, allowances, and other matters as if such 
individual had been converted under section 2102 or 2103, as 
the case may be, on the effective date of this Act, except that 
any adjustment of salary under this section shall take effect--
---------------------------------------------------------------------------
    \387\ 22 U.S.C. 4151.
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          (1) in the case of an individual who is in the 
        Foreign Service on the date of enactment of this Act, 
        on the first day of the first pay period which begins 
        on or after October 1, 1980, and
          (2) in the case of an individual who is appointed to 
        the Foreign Service after the date of enactment of this 
        Act, on the date such appointment becomes effective.
    Sec. 2102.\388\ Conversion to the Foreign Service 
Schedule.--(a) Not later than 120 days after the effective date 
of this Act, the Secretary shall, in accordance with section 
2106, convert to the appropriate class in the Foreign Service 
Schedule established under section 403 of this Act those 
individuals in the Foreign Service who are serving immediately 
before the effective date of this Act under appointments at or 
below class 3 of the schedule established under section 412 or 
414 of the Foreign Service Act of 1946, or at any class in the 
schedule established under section 415 of such Act, as--
---------------------------------------------------------------------------
    \388\ 22 U.S.C. 4152.
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          (1) Foreign Service officers, or
          (2) Foreign Service Reserve officers with limited or 
        unlimited tenure, and Foreign Service staff officers or 
        employees, who the Secretary determines are available 
        for worldwide assignment.
    (b) Not later than 3 years after the effective date of this 
Act, Foreign Service Reserve officers and staff officers and 
employees who the Secretary determines under subsection (a)(2) 
are not available for worldwide assignment shall also be 
converted, in accordance with section 2106, to the appropriate 
class in the Foreign Service Schedule established under section 
403 if--
          (1) the Secretary certifies that there is a need for 
        their services in the Foreign Service; and
          (2) they agree in writing to accept availability for 
        worldwide assignment as a condition of continued 
        employment.
    Sec. 2103.\389\ Conversion to the Senior Foreign Service.--
(a) Foreign Service officers and Foreign Service Reserve 
officers with limited or unlimited tenure who, immediately 
before the effective date of this Act, are serving under 
appointments at class 2 or a higher class of the schedule 
established under section 412 or 414 of the Foreign Service Act 
of 1946 may at any time within 120 days after such date submit 
to the Secretary a written request for appointment to the 
Senior Foreign Service.
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    \389\ 22 U.S.C. 4153.
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    (b) Except as provided in subsection (d), if a request is 
submitted under subsection (a) by a Foreign Service Reserve 
officer with limited tenure, the Secretary shall grant to such 
officer a limited appointment to the Senior Foreign Service in 
the appropriate class established under section 402 of this 
Act.
    (c) If a request is submitted under subsection (a) by a 
Foreign Service officer or, except as provided in subsection 
(d), a Foreign Service Reserve officer with unlimited tenure, 
the Secretary shall recommend to the President a career 
appointment of such officer, by and with the advice and consent 
of the Senate, to the Senior Foreign Service in the appropriate 
class established under section 402 of this Act.
    (d) If the Secretary determines that a Foreign Service 
Reserve officer with limited or unlimited tenure who submits a 
request under subsection (a) is not available for worldwide 
assignment, an appointment under subsection (b) or a 
recommendation for appointment under subsection (c) shall be 
made only if--
          (1) the Secretary certifies that there is a need for 
        the services of such officer in the Senior Foreign 
        Service; and
          (2) such officer agrees in writing to accept 
        availability for worldwide assignment as a condition of 
        continued employment.
    (e) If a Foreign Service officer or a Foreign Service 
Reserve officer who is eligible to submit a request under 
subsection (a) submits a written request for appointment to the 
Senior Foreign Service to the Secretary more than 120 days 
after the effective date of this Act and before the end of the 
3-year period beginning on such effective date, the Secretary 
(in the case of a Foreign Service Reserve officer with limited 
tenure) may grant a limited appointment to, or (in the case of 
a Foreign Service officer or Foreign Service Reserve officer 
with unlimited tenure) may recommend to the President a career 
appointment of, the requesting officer to the appropriate class 
established under section 402 of this Act, subject to the 
conditions specified in subsection (d) and such other 
conditions as the Secretary may prescribe consistent with the 
provisions of chapter 6 of title I of this Act relating to 
promotion into the Senior Foreign Service.
    (f) Any officer of the Foreign Service who is eligible to 
submit a request under subsection (a) and--
          (1) who does not submit a request under subsection 
        (a), or
          (2) who submits such a request more than 120 days 
        after the effective date of this Act and is not 
        appointed to the Senior Foreign Service for any reason 
        other than failure to meet the conditions specified in 
        subsection (d),
may not remain in the Foreign Service for more than 3 years 
after the effective date of this Act. During such period, the 
officer shall be subject to the provisions of title I of this 
Act applicable to members of the Senior Foreign Service, except 
that such officer shall not be eligible to compete for 
performance pay under section 405 and shall not be eligible for 
a limited career extension as described in section 607(b). Upon 
separation from the Service, any such officer who is a 
participant in the Foreign Service Retirement and Disability 
System shall be entitled to retirement benefits on the same 
basis as a member retired from the Senior Foreign Service under 
section 607(c)(1), and section 609(a)(2)(B) shall be deemed to 
apply to such officer.\390\
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    \390\ Sec. 128 of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1027) substituted the 
words to this point beginning with ``on the same basis as a member 
retired'' in lieu of the words ``determined in accordance with chapter 
8 of title I of this Act.''.
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    Sec. 2104.\391\ Conversion From the Foreign Service.--(a) 
In the case of any individual in the Foreign Service who, 
immediately before the effective date of this Act, is serving 
under an appointment described in section 2102(a) or 2103(a) 
and who is not converted under section 2102 or section 2103 
because such individual does not meet the conditions specified 
in section 2102(b) or 2103(d), the Secretary shall, not later 
than 3 years after the effective date of this Act, provide 
that--
---------------------------------------------------------------------------
    \391\ 22 U.S.C. 4154.
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          (1) the position such individual holds shall be 
        subject to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code;
          (2) such individual shall be appointed to such 
        position without competitive examination; and
          (3) such position shall be considered to be in the 
        competitive service so long as the individual continues 
        to hold that position;
except that any such individual who meets the eligibility 
requirements for the Senior Executive Service and who elects to 
join that Service shall be converted by the Secretary to the 
Senior Executive Service in the appropriate rate of basic pay 
established under section 5382 of title 5, United States Code.
    (b) In the case of individuals in the Foreign Service in 
the United States Information Agency \392\ who immediately 
before the date of enactment of this Act are covered by a 
collective bargaining agreement between the Agency and the 
exclusive representative of those individuals, the 3-year 
period referred to in subsection (a) shall begin on July 1, 
1981.
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    \392\ ``United States Information Agency'' was substituted for 
``International Communication Agency'' pursuant to sec. 303(b) of 
Public Law 97-241 (96 Stat. 291; 22 U.S.C. 1461 note), which provided 
that: ``Any reference in any statute, reorganization plan, Executive 
order, regulation, agreement, determination, or other official document 
or proceeding to the International Communication Agency or the Director 
or other official of the International Communication Agency shall be 
deemed to refer respectively to the United States Information Agency or 
the Director or other official of the United States Information Agency, 
as so redesignated by subsection (a).''.
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    (c) \393\ The three-year period referred to in subsection 
(a) shall be extended for an additional period not to exceed 
one year from the date of enactment of this section in the case 
of Department of State security officers who are members of the 
Service and who were initially ineligible for conversion under 
that subsection because they were available for worldwide 
assignment and there was a need for their services in the 
Service, but as to whom subsequent events require the services 
of these members (and of those later employed who are similarly 
situated) only or primarily for domestic functions.
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    \393\ Sec. 132 of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1028) added subsec. 
(c).
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    Sec. 2105.\394\ Conversion of Certain Positions in the 
Department of Agriculture.--(a) Not later than 15 days after 
the effective date of this Act, the Secretary of Agriculture 
shall--
---------------------------------------------------------------------------
    \394\ 22 U.S.C. 4155.
---------------------------------------------------------------------------
          (1) designate and classify under section 501 of this 
        Act those positions in the Foreign Agricultural Service 
        under the General Schedule described in section 5332 of 
        title 5, United States Code, which the Secretary of 
        Agriculture determines are to be occupied by career 
        members of the Foreign Service, and
          (2) provide written notice to individuals holding 
        those positions of such designation and classification 
        of the personnel category under section 103 which will 
        apply to such individual.
    (b) Each employee serving in a position at the time it is 
designated under subsection (a) shall, not later than 120 days 
after notice of such designation, elect--
          (1) to accept conversion to the Foreign Service, in 
        which case such employee shall be converted in 
        accordance with the provisions of subsection (c); or
          (2) to decline conversion to the Foreign Service and 
        have the provisions of subsection (d) apply.
    (c)(1) The Secretary of Agriculture shall recommend to the 
President for appointment to the appropriate class (as 
determined under paragraph (2)), by and with the advice and 
consent of the Senate, those employees who elect conversion 
under subsection (a)(1).
    (2) The Secretary of Agriculture shall appoint as Foreign 
Service personnel those employees who elect to accept 
conversion and who are not eligible for appointment under 
paragraph (1).
    (d) Any employee who declines conversion under subsection 
(b)(2) shall for so long as that employee continues to hold the 
designated position be deemed to be a member of the Foreign 
Service for purposes of allowances, differentials, and similar 
benefits (as determined by the Secretary of Agriculture).
    Sec. 2106.\395\ Preservation of Status and Benefits.--
(a)(1) Every individual who is converted under this chapter 
shall be converted to the class or grade and pay rate that most 
closely corresponds to the class or grade and step at which the 
individual was serving immediately before conversion. No 
conversion under this chapter shall cause any individual to 
incur a reduction in his or her class, grade, or basic rate of 
salary.
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    \395\ 22 U.S.C. 4156.
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    (2) An individual converted under section 2104 to a 
position in the competitive service shall be entitled to have 
that position, or any other position to which the individual is 
subsequently assigned (other than at the request of the 
individual), be considered for all purposes as at the grade 
which corresponds to the class in which the individual served 
immediately before conversion so long as the individual 
continues to hold that position.
    (b)(1) Any participant in the Foreign Service Retirement 
and Disability System who would, but for this paragraph, 
participate in the Civil Service Retirement and Disability 
System by virtue of conversion under this chapter shall remain 
a participant in the Foreign Service Retirement and Disability 
System for 120 days after participation in the Foreign Service 
Retirement and Disability System would otherwise cease. During 
such 120-day period, the individual may elect in writing to 
continue to participate in the Foreign Service Retirement and 
Disability System instead of the Civil Service Retirement and 
Disability System so long as he or she is employed in an agency 
which is authorized to utilize the Foreign Service personnel 
system. If such an election is not made, the individual shall 
then be covered by the Civil Service Retirement and Disability 
System and contributions made by the participant to the Foreign 
Service Retirement and Disability Fund shall be transferred to 
the Civil Service Retirement and Disability Fund.
    (2) Any Foreign Service Reserve officer with limited tenure 
who has reemployment rights to a personnel category in the 
Foreign Service in which he or she would be a participant in 
the Foreign Service Retirement and Disability System and who 
would, but for this paragraph, continue to participate in the 
Civil Service Retirement and Disability System by virtue of 
conversion under section 2104 may elect, during the 120-day 
period beginning on the date of such conversion, to become a 
participant in the Foreign Service Retirement and Disability 
System so long as he or she is employed in an agency which is 
authorized to utilize the Foreign Service personnel system. If 
such an election is made, the individual shall be transferred 
to the Foreign Service Retirement and Disability System and 
contributions made by that individual to the Civil Service 
Retirement and Disability Fund shall be transferred to the 
Foreign Service Retirement and Disability Fund.
    (c) Individuals who are converted under this chapter shall 
be converted to the type of appointment which corresponds most 
closely in tenure to the type of appointment under which they 
were serving immediately prior to such conversion, except that 
this chapter shall not operate to extend the duration of any 
limited appointment or previously applicable time in class.
    (d) Any individual who on the effective date of this Act is 
serving--
          (1) under an appointment in the Foreign Service, or
          (2) in any other office or position continued by this 
        Act,
may continue to serve under such appointment, subject to the 
provisions of this Act, and need not be reappointed by virtue 
of the enactment of this Act.
    (e) Any individual in the Foreign Service--
          (1) who is serving under a career appointment on the 
        date of enactment of this Act, and
          (2) who was not subject to section 633(a)(2) of the 
        Foreign Service Act of 1946 immediately before the 
        effective date of this Act,
may not be retired under section 608 of this Act until 10 years 
after the effective date of this Act or when such individual 
first becomes eligible for an immediate annuity under chapter 8 
of title I of this Act, whichever occurs first.
    Sec. 2107.\396\ Regulations.--Under the direction of the 
President, the Secretary shall prescribe regulations for the 
implementation of this chapter.
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    \396\ 22 U.S.C. 4157.
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    Sec. 2108.\397\ Authority of Other Agencies.--The heads of 
agencies other than the Department of State which utilize the 
Foreign Service personnel system shall perform functions under 
this chapter in accordance with regulations prescribed by the 
Secretary of State under section 2107. Such agency heads shall 
consult with the Secretary of State in the exercise of such 
functions.
---------------------------------------------------------------------------
    \397\22 U.S.C. 4158.
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    Sec. 2109.\398\ Survivor Benefits for Certain Former 
Spouses.--(a) Any participant or former participant in the 
Foreign Service Retirement and Disability System who on 
February 15, 1981, has a former spouse may, by a spousal 
agreement, elect to receive a reduced annuity and provide a 
survivor annuity for such former spouse under section 814(b).
---------------------------------------------------------------------------
    \398\ 22 U.S.C. 4159.
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    (b)(1) If the participant or former participant has not 
retired under such system on or before February 15, 1981, an 
election under this section may be made at any time before 
retirement.
    (2) If the participant or former participant has retired 
under such system on or before February 15, 1981, an election 
under this section may be made within such period after 
February 15, 1981, as the Secretary of State may prescribe.
    (3) For purposes of applying chapter 8 of title I, any such 
election shall be treated the same as if it were a spousal 
agreement under section 820(b)(1).
    (c) An election under this section may provide for a 
survivor benefit based on all or any portion of that part of 
the annuity of the participant which is not designated or 
committed as a base for survivor benefits for a spouse or any 
other former spouse of the participant. The participant and his 
or her spouse may make an election under section 806(b)(1)(B) 
prior to the time of retirement for the purpose of allowing an 
election to be made under this section.
    (d) The amount of the reduction in the participant's 
annuity shall be determined in accordance with section 
806(b)(2). Such reduction shall be effective as of--
          (1) the commencing date of the participant's annuity, 
        in the case of an election under subsection (b)(1), or
          (2) February 15, 1981, in the case of an election 
        under subsection (b)(2).
    (e) For purposes of this section, the terms ``former 
spouse'', ``participant'', and ``spousal agreement'' have the 
meanings given such terms in sections 803 and 804.

       Chapter 2--Provisions Relating to Foreign Affairs Agencies

    Sec. 2201.\399\ Basic Authorities of the Department of 
State.--* * *
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    \399\ Sec. 2201 consisted of amendments to the State Department 
Basic Authorities Act of 1956.
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    Sec. 2202.\400\ Peace Corps Act.--* * *
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    \400\ Sec. 2202 consisted of amendments to the Peace Corps Act.
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    Sec. 2203.\401\ Foreign Assistance Act.--* * *
---------------------------------------------------------------------------
    \401\ Sec. 2203 consisted of amendments to the Foreign Assistance 
Act of 1961.
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    Sec. 2204.\402\ Arms Control and Disarmament Act.--* * *
---------------------------------------------------------------------------
    \402\ Sec. 2204 consisted of amendments to the Arms Control and 
Disarmament Act.
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    Sec. 2205. Repealed Provisions.--* * *
    Sec. 2206. Other Conforming Amendments.--* * *
    Sec. 2207.\403\ Model Foreign Language Competence Posts.--
(a) In order to carry out the purposes of section 702 and to 
help ascertain the relationship between foreign language 
competence and the effectiveness of representation of the 
United States abroad, the Secretary of State shall designate as 
model foreign language competence posts at least two Foreign 
Service posts in countries where English is not the common 
language. Such designation shall be made no later than October 
1, 1981, and shall be implemented so that no later than October 
1, 1983, each Government employee permanently assigned to those 
posts shall possess an appropriate level of competence in the 
language common to the country where the post is located. The 
Secretary of State shall determine appropriate levels of 
language competence for employees assigned to those posts by 
reference to the nature of their functions and the standards 
employed by the Foreign Service Institute.
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    \403\ 22 U.S.C. 4171. See also sec. 161 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 46), relating to foreign language competence within the Foreign 
Service.
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    (b) The posts designated under subsection (a) shall 
continue as model foreign language competence posts at least 
until September 30, 1985. The Secretary of State shall submit 
no later than January 31, 1986, a report to the Speaker of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate describing the operation of such posts and the 
costs, advantages and disadvantages associated with meeting the 
foreign language competence requirements of this section.
    (c) \404\ The Secretary of State may authorize exceptions 
to the requirements of this section if he determines that 
unanticipated exigencies so require.
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    \404\ Sec. 139(7) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398) struck 
out a second sentence in this subsec., which had required: ``Such 
exceptions shall be annually reported to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate.''.
    Sec. 139(25) of the that Act made an identical amendment.
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          Chapter 3--Amendments to Title 5, United States Code

          * * * * * * *

 Chapter 4--Saving Provisions, Congressional Oversight, and Effective 
                                  Date

    Sec. 2401.\405\ Saving Provisions.--(a) All determinations, 
authorizations, regulations, orders, agreements, exclusive 
recognition of an organization or other actions made, issued, 
undertaken, entered into or taken under the authority of the 
Foreign Service Act of 1946 or any other law repealed, 
modified, or affected by this Act shall continue in full force 
and effect until modified, revoked, or superseded by 
appropriate authority. Any grievances, claims, or appeals which 
were filed or made under any such law and are pending 
resolution on the effective date of this Act shall continue to 
be governed by the provisions repealed, modified, or affected 
by this Act.
---------------------------------------------------------------------------
    \405\ 22 U.S.C. 4172.
---------------------------------------------------------------------------
    (b) This Act shall not affect any increase in annuity or 
other right to benefits, which was provided by any provision 
amended or repealed by this Act, with respect to any individual 
who became entitled to such benefit prior to the effective date 
of this Act.
    (c) References in law to provisions of the Foreign Service 
Act of 1946 or other law superseded by this Act shall be deemed 
to include reference to the corresponding provisions of this 
Act.
    Sec. 2402.\406\ Congressional Oversight of 
Implementation.--
---------------------------------------------------------------------------
    \406\ 22 U.S.C. 4173.
---------------------------------------------------------------------------
    (a) \407\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \407\ Sec. 2402(a) and (b) were repealed by sec. 185(c)(2) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1366). Subsec. (a) required the Secretary of 
State to submit a report to the Congress by February 1, 1982, 
describing the implementation of the Foreign Service Act during the 
fiscal year 1981. Subsec. (b) required the Secretary of State to submit 
thereafter an annual report.
---------------------------------------------------------------------------
    (b) \407\ * * * [Repealed--1987]
    (c) The Secretary shall consult, in accordance with the 
procedures set out in section 1013(g), with the exclusive 
representative (if any) of members of the Foreign Service in 
each agency specified in section 1003(a) with respect to steps 
to be taken in implementing this Act and reported under section 
601(c)(4).\408\ To that end, each such exclusive representative 
will have timely access to all relevant information at each 
stage. Each such report shall include the views of each such 
exclusive representative on any and all aspects of the report 
and the information contained in such report.
---------------------------------------------------------------------------
    \408\ Sec. 185(c)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1366) 
substituted the words ``section 601(c)(4)'' in lieu of "this section''.
---------------------------------------------------------------------------
    Sec. 2403.\409\ Effective Date.--(a) Except as otherwise 
provided, this Act shall take effect on February 15, 1981.
---------------------------------------------------------------------------
    \409\ 22 U.S.C. 3901 note. Section 2403(c) was repealed effective 
October 1, 1985 by sec. 119(b) Public Law 99-93 (99 Stat. 405).
    The repealed provision read as follows:
    ``(c) Appointments to the Senior Foreign Service by the Secretary 
of Commerce shall be excluded in the calculation and application of the 
limitation in section 305(b) until October 1, 1985. Prior to that date, 
the number of members serving in the Senior Foreign Service under 
limited appointments by the Secretary of Commerce may not exceed 10 at 
any one time (excluding individuals with reemployment rights under 
section 310 as career appointees in the Senior Executive Service).''.
---------------------------------------------------------------------------
    (b) Personnel actions may be taken on and after the 
effective date of this Act on the basis of any then current 
Foreign Service evaluation cycle as if this Act had been in 
effect at the beginning of that cycle.
    (c) \409\ * * * [Repealed--1985]
    (d)(1) Section 812 of this Act, and the repeal of sections 
631 and 632 of the Foreign Service Act of 1946 and section 
625(k) of the Foreign Assistance Act of 1961, shall be 
effective as of the date of enactment of this Act.
    (2) For purposes of implementing section 2101, sections 
402(a) and 403 shall be effective as of the date of enactment 
of this Act.
    (e)(1) The provisions of chapter 8 of title I regarding the 
rights of former spouses to any annuity under section 814(a) 
shall apply in the case of any individual who after the 
effective date of this Act becomes a former spouse of an 
individual who separates from the Service after such date.
    (2) Except to the extent provided in section 2109, the 
provisions of such chapter regarding the rights of former 
spouses to receive survivor annuities under chapter 8 shall 
apply in the case of any individual who after the effective 
date of this Act becomes a former spouse of a participant or 
former participant in the Foreign Service Retirement and 
Disability System.
         b. Foreign Affairs Agencies Consolidation Act of 1998

Partial text of Public Law 105-277 [Omnibus Consolidated and emergency 
 Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681 at 
  2681-765, approved October 21, 1998; amended by Public Law 106-113 
[Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
  Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in 
 sec. 1000(a)(7) of H.R. 3194], 113 Stat. 1536, approved November 29, 
                                  1999

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

SEC. 1001.\1\ SHORT TITLE.

    This division may be cited as the ``Foreign Affairs Reform 
and Restructuring Act of 1998''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6501 note.
---------------------------------------------------------------------------

SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF 
                    CONTENTS.

    (a) \2\ Divisions.--This division is organized into three 
subdivisions as follows:
---------------------------------------------------------------------------
    \2\ Sec. 802(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out para. (3) of this subsec., which had 
referred to a subdivision K--United Nations Reform Act of 1998.
---------------------------------------------------------------------------
          (1) Subdivision a.--Foreign Affairs Agencies 
        Consolidation Act of 1998.
          (2) Subdivision b.--Foreign Relations Authorization 
        Act, Fiscal Years 1998 and 1999.\3\
---------------------------------------------------------------------------
    \3\ For text, see page 168.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this 
division is as follows:

                                                                    Page

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

Sec. 1001. Short title............................................   747
Sec. 1002. Organization of division into subdivisions; table of 
    contents......................................................   747

        Subdivision A--Consolidation of Foreign Affairs Agencies

                      TITLE XI--GENERAL PROVISIONS

Sec. 1101. Short title............................................   749
Sec. 1102. Purposes...............................................   749
Sec. 1103. Definitions............................................   750
Sec. 1104. Report on budgetary cost savings resulting from 
    reorganization................................................   751

      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                      Chapter 1--General Provisions

Sec. 1201. Effective date.........................................   751

             Chapter 2--Abolition and Transfer of Functions

Sec. 1211. Abolition of United States Arms Control and Disarmament 
    Agency........................................................   751
Sec. 1212. Transfer of functions to Secretary of State............   751
Sec. 1213. Under Secretary for Arms Control and International 
    Security......................................................   752

                    Chapter 3--Conforming Amendments

Sec. 1221. References.............................................   752
Sec. 1222. Repeals................................................   752
Sec. 1223. Amendments to the Arms Control and Disarmament Act.....   752
Sec. 1224. Compensation of officers...............................   752
Sec. 1225. Additional conforming amendments.......................   752

              TITLE XIII--UNITED STATES INFORMATION AGENCY

                      Chapter 1--General Provisions

Sec. 1301. Effective date.........................................   753

             Chapter 2--Abolition and Transfer of Functions

Sec. 1311. Abolition of United States Information Agency..........   753
Sec. 1312. Transfer of functions..................................   753
Sec. 1313. Under Secretary of State for Public Diplomacy..........   753
Sec. 1314. Abolition of Office of Inspector General of United 
    States Information Agency and transfer of functions...........   754

                  Chapter 3--International Broadcasting

Sec. 1321. Congressional findings and declaration of purpose......   754
Sec. 1322. Continued existence of Broadcasting Board of Governors.   755
Sec. 1323. Conforming amendments to the United States 
    International Broadcasting Act of 1994........................   755
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.......   755
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act..   755
Sec. 1326. Transfer of broadcasting related funds, property, and 
    personnel.....................................................   755
Sec. 1327. Savings provisions.....................................   756
Sec. 1328. Report on the privatization of RFE/RL, Incorporated....   757

                    Chapter 4--Conforming Amendments

Sec. 1331. References.............................................   758
Sec. 1332. Amendments to title 5, United States Code..............   758
Sec. 1333. Application of certain laws............................   759
Sec. 1334. Abolition of United States Advisory Commission on 
    Public Diplomacy..............................................   760
Sec. 1335. Conforming amendments..................................   761
Sec. 1336. Repeals................................................   761

  TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                      Chapter 1--General Provisions

Sec. 1401. Effective date.........................................   761

             Chapter 2--Abolition and Transfer of Functions

Sec. 1411. Abolition of United States International Development 
    Cooperation Agency............................................   761
Sec. 1412. Transfer of functions and authorities..................   761
Sec. 1413. Status of AID..........................................   762

                    Chapter 3--Conforming Amendments

Sec. 1421. References.............................................   762
Sec. 1422. Conforming amendments..................................   763

             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                      Chapter 1--General Provisions

Sec. 1501. Effective date.........................................   764

           Chapter 2--Reorganization and Transfer of Functions

Sec. 1511. Reorganization of Agency for International Development.   764

            Chapter 3--Authorities of the Secretary of State

Sec. 1521. Definition of United States assistance.................   764
Sec. 1522. Administrator of AID reporting to the Secretary of 
    State.........................................................   764
Sec. 1523. Assistance programs coordination and oversight.........   765

                          TITLE XVI--TRANSITION

                     Chapter 1--Reorganization Plan

Sec. 1601. Reorganization plan and report.........................   766

                   Chapter 2--Reorganization Authority

Sec. 1611. Reorganization authority...............................   768
Sec. 1612. Transfer and allocation of appropriations..............   769
Sec. 1613. Transfer, appointment, and assignment of personnel.....   770
Sec. 1614. Incidental transfers...................................   770
Sec. 1615. Savings provisions.....................................   771
Sec. 1616. Authority of Secretary of State to facilitate 
    transition....................................................   772
Sec. 1617. Final report...........................................   772

             Subdivision B--Foreign Relations Authorization

     * * * * * * *


          Note.--The Foreign Affairs Agencies Consolidation Act 
        of 1998 amends the State Department Basic Authorities 
        Act of 1956, Arms Control and Disarmament Act, Arms 
        Export Control Act, Foreign Assistance Act of 1961, 
        United States Institute of Peace Act, Atomic Energy Act 
        of 1954, Nuclear Non-Proliferation Act of 1978, 
        Inspector General Act of 1978, International 
        Broadcasting Act of 1994, Radio Broadcasting to Cuba 
        Act, Television Broadcasting to Cuba Act, United States 
        Information and Educational Exchange Act of 1948, and 
        other legislation, to implement the reorganization and 
        consolidation of U.S. foreign affairs agencies. 
        Amendments have been incorporated into the texts of 
        these Acts at the appropriate locations.



        SUBDIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

                      TITLE XI--GENERAL PROVISIONS

SEC. 1101.\4\ SHORT TITLE.

    This subdivision may be cited as the ``Foreign Affairs 
Agencies Consolidation Act of 1998''.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 6501 note.
---------------------------------------------------------------------------

SEC. 1102.\5\ PURPOSES.

    The purposes of this subdivision are--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 6501.
---------------------------------------------------------------------------
          (1) 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;
          (2) to consolidate and reinvigorate the foreign 
        affairs functions of the United States within the 
        Department of State by--
                  (A) abolishing the United States Arms Control 
                and Disarmament Agency, the United States 
                Information Agency, and the United States 
                International Development Cooperation Agency, 
                and transferring the functions of these 
                agencies to the Department of State while 
                preserving the special missions and skills of 
                these agencies;
                  (B) transferring certain functions of the 
                Agency for International Development to the 
                Department of State; and
                  (C) providing for the reorganization of the 
                Department of State to maximize the efficient 
                use of resources, which may lead to budget 
                savings, eliminate redundancy in functions, and 
                improvement in the management of the Department 
                of State;
          (3) to ensure that programs critical to the promotion 
        of United States national interests be maintained;
          (4) to assist congressional efforts to balance the 
        Federal budget and reduce the Federal debt;
          (5) to ensure that the United States maintains 
        effective representation abroad within budgetary 
        restraints; and
          (6) to encourage United States foreign affairs 
        agencies to maintain a high percentage of the best 
        qualified, most competent United States citizens 
        serving in the United States Government.

SEC. 1103.\6\ DEFINITIONS.

    In this subdivision:
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 6502.
---------------------------------------------------------------------------
          (1) ACDA.--The term ``ACDA'' means the United States 
        Arms Control and Disarmament Agency.
          (2) AID.--The term ``AID'' means the United States 
        Agency for International Development.
          (3) Agency; federal agency.--The term ``agency'' or 
        ``Federal agency'' means an Executive agency as defined 
        in section 105 of title 5, United States Code.
          (4) Appropriate congressional committees.--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.
          (5) Covered agency.--The term ``covered agency'' 
        means any of the following agencies: ACDA, USIA, IDCA, 
        and AID.
          (6) Department.--The term ``Department'' means the 
        Department of State.
          (7) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, 
        privilege, activity, or program.
          (8) IDCA.--The term ``IDCA'' means the United States 
        International Development Cooperation Agency.
          (9) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational 
        entity, or component thereof.
          (10) Secretary.--The term ``Secretary'' means the 
        Secretary of State.
          (11) USIA.--The term ``USIA'' means the United States 
        Information Agency.

SEC. 1104.\7\ REPORT ON BUDGETARY COST SAVINGS RESULTING FROM 
                    REORGANIZATION.

    The Secretary of State shall submit a report, together with 
the congressional presentation document for the budget of the 
Department of State for each of the fiscal years 2000 and 2001, 
to the appropriate congressional committees describing the 
total anticipated and achieved cost savings in budget outlays 
and budget authority related to the reorganization implemented 
under this subdivision, including cost savings by each of the 
following categories:
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 6503.
---------------------------------------------------------------------------
          (1) Reductions in personnel.
          (2) Administrative consolidation, including 
        procurement.
          (3) Program consolidation.
          (4) Consolidation of real properties and leases.

      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1201.\8\ EFFECTIVE DATE.

    This title, and the amendments made by this title, shall 
take effect on the earlier of--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 6511 note.
---------------------------------------------------------------------------
          (1) April 1, 1999; or
          (2) the date of abolition of the United States Arms 
        Control and Disarmament Agency pursuant to the 
        reorganization plan described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1211.\9\ ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT 
                    AGENCY.

    The United States Arms Control and Disarmament Agency is 
abolished.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 6511.
---------------------------------------------------------------------------

SEC. 1212.\10\ 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 office or component of 
such agency, under any statute, reorganization plan, Executive 
order, or other provision of law, as of the day before the 
effective date of this title.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 6512.
---------------------------------------------------------------------------

SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.

    Section 1(b) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651(b)) is amended--* * * \11\
---------------------------------------------------------------------------
    \11\ Sec. 1213 amended the State Department Basic Authorities Act 
of 1956 to provide for the Under Secretary for Arms Control and 
International Security.
---------------------------------------------------------------------------

                    CHAPTER 3--CONFORMING AMENDMENTS

SEC. 1221.\12\ REFERENCES.

    Except as otherwise provided in section 1223 or 1225, any 
reference in any statute, reorganization plan, Executive order, 
regulation, agreement, determination, or other official 
document or proceeding to--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 6521.
---------------------------------------------------------------------------
          (1) the Director of the United States Arms Control 
        and Disarmament Agency, the Director of the Arms 
        Control and Disarmament Agency, or any other officer or 
        employee of the United States Arms Control and 
        Disarmament Agency or the Arms Control and Disarmament 
        Agency shall be deemed to refer to the Secretary of 
        State; or
          (2) the United States Arms Control and Disarmament 
        Agency or the Arms Control and Disarmament Agency shall 
        be deemed to refer to the Department of State.

SEC. 1222. REPEALS.

    The following sections of the Arms Control and Disarmament 
Act (22 U.S.C. 2551 et seq.) are repealed: Sections 21 through 
26 (22 U.S.C. 2561-2566), section 35 (22 U.S.C. 2575), section 
42 (22 U.S.C. 2582), section 43 (22 U.S.C. 2583), sections 45 
through 50 (22 U.S.C. 2585-2593), section 53 (22 U.S.C. 2593c), 
section 54 (22 U.S.C. 2593d), and section 63 (22 U.S.C. 2595b).

SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT.

    The Arms Control and Disarmament Act (22 U.S.C. 2551 et 
seq.) is amended--* * * \13\
---------------------------------------------------------------------------
    \13\ Sec. 1223 substantially amended and redesignated the remaining 
sections of the Arms Control and Disarmament Act. See notes 
accompanying that Act.
---------------------------------------------------------------------------

SEC. 1224. COMPENSATION OF OFFICERS.

    Title 5, United States Code, is amended--* * *

SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.

    (a) Arms Export Control Act.--The Arms Export Control Act 
is amended--* * * \14\
---------------------------------------------------------------------------
    \14\ For amendments incorporated into sections 36, 38, 42, 71, and 
73, see Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
    (b) Foreign Assistance Act.--Section 511 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321d) is amended by * * * 
\15\
---------------------------------------------------------------------------
    \15\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. I-A.
---------------------------------------------------------------------------
    (c) United States Institute of Peace Act.--* * *
    (d) Atomic Energy Act of 1954.--The Atomic Energy Act of 
1954 is amended--* * *
    (e) Nuclear Non-Proliferation Act of 1978.--The Nuclear 
Non-Proliferation Act of 1978 is amended--* * *
    (f) State Department Basic Authorities Act of 1956.--
Section 23(a) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2695(a)) is amended * * *
    (g) Foreign Relations Authorization Act of 1972.--Section 
502 of the Foreign Relations Authorization Act of 1972 (2 
U.S.C. 194a) is amended * * *
    (h) Title 49.--Section 40118(d) of title 49, United States 
Code, is amended by striking ``, or the Director of the Arms 
Control and Disarmament Agency''.

              TITLE XIII--UNITED STATES INFORMATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1301.\16\ EFFECTIVE DATE.

    This title, and the amendments made by this title, shall 
take effect on the earlier of--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 6531 note.
---------------------------------------------------------------------------
          (1) October 1, 1999; or
          (2) the date of abolition of the United States 
        Information Agency pursuant to the reorganization plan 
        described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1311.\17\ ABOLITION OF UNITED STATES INFORMATION AGENCY.

    The United States Information Agency (other than the 
Broadcasting Board of Governors and the International 
Broadcasting Bureau) is abolished.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 6531.
---------------------------------------------------------------------------

SEC. 1312.\18\ TRANSFER OF FUNCTIONS.

    (a) In General.--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 office or component of such agency, 
under any statute, reorganization plan, Executive order, or 
other provision of law, as of the day before the effective date 
of this title.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 6532.
---------------------------------------------------------------------------
    (b) Exception.--Subsection (a) does not apply to the 
Broadcasting Board of Governors, the International Broadcasting 
Bureau, or any function performed by the Board or the Bureau.

SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

    Section 1(b) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is 
further amended by adding at the end the following new 
paragraph:
          ``(3) Under secretary for public diplomacy.--There 
        shall be in the Department of State, among the Under 
        Secretaries authorized by paragraph (1), an Under 
        Secretary for Public Diplomacy, who shall have primary 
        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.''.

SEC. 1314.\19\ ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED 
                    STATES INFORMATION AGENCY AND TRANSFER OF 
                    FUNCTIONS.

    (a) Abolition of Office.--The Office of Inspector General 
of the United States Information Agency is abolished.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 6533.
---------------------------------------------------------------------------
    (b) Amendments to Inspector General Act of 1978.--Section 
11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
          (1) in paragraph (1), by striking ``the Office of 
        Personnel Management, the United States Information 
        Agency'' and inserting ``or the Office of Personnel 
        Management''; and
          (2) in paragraph (2), by striking ``the United States 
        Information Agency,''.
    (c) Executive Schedule.--Section 5315 of title 5, United 
States Code, is amended by striking the following:
          ``Inspector General, United States Information 
        Agency.''.
    (d) Amendments to Public Law 103-236.--Subsections (i) and 
(j) of section 308 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are 
amended--
          (1) by striking ``Inspector General of the United 
        States Information Agency'' each place it appears and 
        inserting ``Inspector General of the Department of 
        State and the Foreign Service''; and
          (2) by striking ``, the Director of the United States 
        Information Agency,''.
    (e) Transfer of Functions.--There are transferred to the 
Office of the Inspector General of the Department of State and 
the Foreign Service 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).

                 CHAPTER 3--INTERNATIONAL BROADCASTING

SEC. 1321.\20\ CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    Congress finds that--
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 6541.
---------------------------------------------------------------------------
          (1) it is the policy of the United States to promote 
        the right of freedom of opinion and expression, 
        including the freedom ``to seek, receive, and impart 
        information and ideas through any media and regardless 
        of frontiers'', in accordance with Article 19 of the 
        Universal Declaration of Human Rights;
          (2) open communication of information and ideas among 
        the peoples of the world contributes to international 
        peace and stability, and the promotion of such 
        communication is in the interests of the United States;
          (3) it is in the interest of the United States to 
        support broadcasting to other nations consistent with 
        the requirements of this chapter and the United States 
        International Broadcasting Act of 1994; and
          (4) international broadcasting is, and should remain, 
        an essential instrument of United States foreign 
        policy.

SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.

    Section 304(a) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to read 
as follows: * * *

SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL 
                    BROADCASTING ACT OF 1994. * * *

SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.

    The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) 
is amended--* * *

SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT.

    The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa 
et seq.) is amended--* * *

SEC. 1326.\21\ TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, AND 
                    PERSONNEL.

    (a) Transfer and Allocation of Property and 
Appropriations.--
          (1) In general.--The assets, liabilities (including 
        contingent liabilities arising from suits continued 
        with a substitution or addition of parties under 
        section 1327(d)), 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 of USIA 
        transferred to the Broadcasting Board of Governors by 
        this chapter shall be transferred to the Broadcasting 
        Board of Governors for appropriate allocation.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 6542.
---------------------------------------------------------------------------
          (2) Additional transfers.--In addition to the 
        transfers made under paragraph (1), there shall be 
        transferred to the Chairman of the Broadcasting Board 
        of Governors the assets, contracts, property, records, 
        and unexpended balance of appropriations, 
        authorizations, allocations, and other funds, as 
        determined by the Secretary, in concurrence with the 
        Broadcasting Board of Governors, to support the 
        functions transferred by this chapter.
    (b) Transfer of Personnel.--Notwithstanding any other 
provision of law--
          (1) except as provided in subsection (c), all 
        personnel and positions of USIA employed or maintained 
        to carry out the functions transferred by this chapter 
        to the Broadcasting Board of Governors shall be 
        transferred to the Broadcasting Board of Governors at 
        the same grade or class and the same rate of basic pay 
        or basic salary rate and with the same tenure held 
        immediately preceding transfer; and
          (2) the personnel and positions of USIA, as 
        determined by the Secretary of State, with the 
        concurrence of the Broadcasting Board of Governors and 
        the Director of USIA, to support the functions 
        transferred by this chapter shall be transferred to the 
        Broadcasting Board of Governors, including the 
        International Broadcasting Bureau, at the same grade or 
        class and the same rate of basic pay or basic salary 
        rate and with the same tenure held immediately 
        preceding transfer.
    (c) Transfer and Allocation of Property, Appropriations, 
and Personnel Associated With Worldnet.--USIA personnel 
responsible for carrying out interactive dialogs with foreign 
media and other similar overseas public diplomacy programs 
using the Worldnet television broadcasting system, and funds 
associated with such personnel, shall be transferred to the 
Department of State in accordance with the provisions of title 
XVI of this subdivision.
    (d) Incidental Transfers.--The Director of the Office of 
Management and Budget, when requested by the Broadcasting Board 
of Governors, 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 functions and offices transferred from USIA, 
as may be necessary to carry out the provisions of this 
section.

SEC. 1327.\22\ 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--
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 6543.
---------------------------------------------------------------------------
          (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 exercised 
        by the Broadcasting Board of Governors of the United 
        States Information Agency on the day before the 
        effective date of this title, and
          (2) that are in effect at the time this title takes 
        effect, or were final before the effective date of this 
        title and are to become effective on or after the 
        effective date of this title,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Broadcasting Board of 
Governors, or other authorized official, a court of competent 
jurisdiction, or by operation of law.
    (b) Pending Proceedings.--
          (1) In general.--The provisions of this chapter, or 
        amendments made by this chapter, shall not affect any 
        proceedings, including notices of proposed rulemaking, 
        or any application for any license, permit, 
        certificate, or financial assistance pending before the 
        Broadcasting Board of Governors of the United States 
        Information Agency at the time this title takes effect, 
        with respect to functions exercised by the Board as of 
        the effective date of this title but such proceedings 
        and applications shall be continued.
          (2) Orders, appeals, and payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this chapter had not been enacted, and 
        orders issued in any such proceedings shall continue in 
        effect until modified, terminated, superseded, or 
        revoked by a duly authorized official, by a court of 
        competent jurisdiction, or by operation of law.
          (3) Statutory construction.--Nothing in this 
        subsection shall be deemed to prohibit the 
        discontinuance or modification of any such proceeding 
        under the same terms and conditions and to the same 
        extent that such proceeding could have been 
        discontinued or modified if this chapter had not been 
        enacted.
    (c) Nonabatement 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 the Broadcasting 
Board of Governors, or any commission or component thereof, 
shall abate by reason of the enactment of this chapter. No 
cause of action by or against the Broadcasting Board of 
Governors, or any commission or component thereof, or by or 
against any officer thereof in the official capacity of such 
officer, shall abate by reason of the enactment of this 
chapter.
    (d) Continuation of Proceedings With Substitution of 
Parties.--
          (1) Substitution of parties.--If, before the 
        effective date of this title, USIA or the Broadcasting 
        Board of Governors, or any officer thereof in the 
        official capacity of such officer, is a party to a suit 
        which is related to the functions transferred by this 
        chapter, then effective on such date such suit shall be 
        continued with the Broadcasting Board of Governors or 
        other appropriate official of the Board substituted or 
        added as a party.
          (2) Liability of the board.--The Board shall 
        participate in suits continued under paragraph (1) 
        where the Broadcasting Board of Governors or other 
        appropriate official of the Board is added as a party 
        and shall be liable for any judgments or remedies in 
        those suits or proceedings arising from the exercise of 
        the functions transferred by this chapter to the same 
        extent that USIA would have been liable if such 
        judgment or remedy had been rendered on the day before 
        the abolition of USIA.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the 
preparation or promulgation of a regulation by the Broadcasting 
Board of Governors relating to a function exercised by the 
Board before the effective date of this title may be continued 
by the Board with the same effect as if this chapter had not 
been enacted.
    (f) References.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, 
or any document of or relating to the Broadcasting Board of 
Governors of the United States Information Agency with regard 
to functions exercised before the effective date of this title, 
shall be deemed to refer to the Board.

SEC. 1328.\23\ REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.

    Not later than March 1 of each year, the Broadcasting Board 
of Governors shall submit to the appropriate congressional 
committees a report on the progress of the Board and of RFE/RL, 
Incorporated, on any steps taken to further the policy declared 
in section 312(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995. The report under this subsection 
shall include the following:
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 6544.
---------------------------------------------------------------------------
          (1) Efforts by RFE/RL, Incorporated, to terminate 
        individual language services.
          (2) A detailed description of steps taken with regard 
        to section 312(a) of that Act.
          (3) An analysis of prospects for privatization over 
        the coming year.
          (4) An assessment of the extent to which United 
        States Government funding may be appropriate in the 
        year 2000 and subsequent years for surrogate 
        broadcasting to the countries to which RFE/RL, 
        Incorporated, broadcast during the year. This 
        assessment shall include an analysis of the environment 
        for independent media in those countries, noting the 
        extent of government control of the media, the ability 
        of independent journalists and news organizations to 
        operate, relevant domestic legislation, level of 
        government harassment and efforts to censor, and other 
        indications of whether the people of such countries 
        enjoy freedom of expression.

                    CHAPTER 4--CONFORMING AMENDMENTS

SEC. 1331.\24\ REFERENCES.

    (a) In General.--Except as otherwise provided in this 
subdivision, any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 6551.
---------------------------------------------------------------------------
          (1) the Director of the United States Information 
        Agency or the Director of the International 
        Communication Agency shall be deemed to refer to the 
        Secretary of State; and
          (2) the United States Information Agency, USIA, or 
        the International Communication Agency shall be deemed 
        to refer to the Department of State.
    (b) Continuing References to USIA or Director.--Subsection 
(a) shall not apply to section 146 (a), (b), or (c) of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)).

SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    Title 5, United States Code, is amended--
          (1) in section 5313, by striking ``Director of the 
        United States Information Agency.'';
          (2) in section 5315--
                  (A) by striking ``Deputy Director of the 
                United States Information Agency.''; and
                  (B) by striking ``Director of the 
                International Broadcasting Bureau, the United 
                States Information Agency.'' and inserting 
                ``Director of the International Broadcasting 
                Bureau.''; and
          (3) in section 5316--
                  (A) by striking ``Deputy Director, Policy and 
                Plans, United States Information Agency.''; and
                  (B) by striking ``Associate Director (Policy 
                and Plans), United States Information 
                Agency.''.

SEC. 1333.\25\ APPLICATION OF CERTAIN LAWS.

    (a) Application to Functions of Department of State.--
Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of 
Public Law 99-93 (22 U.S.C. 1461-1a) shall not apply to public 
affairs and other information dissemination functions of the 
Secretary of State as carried out prior to any transfer of 
functions pursuant to this subdivision.
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 6552.
---------------------------------------------------------------------------
    (b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), 
section 202 of Public Law 95-426 (22 U.S.C. 1461-1), and 
section 208 of Public Law 99-93 (22 U.S.C. 1461-1a) shall apply 
only to public diplomacy programs of the Director of the United 
States Information Agency as carried out prior to any transfer 
of functions pursuant to this subdivision to the same extent 
that such programs were covered by these provisions prior to 
such transfer.
    (c) Limitation on Use of Funds.--(1) \26\ Except as 
provided in section 501 of Public Law 80-402 and section 208 of 
Public Law 99-93, funds specifically authorized to be 
appropriated for such public diplomacy programs, identified as 
public diplomacy funds in any Congressional Presentation 
Document described in subsection (e), or reprogrammed for 
public diplomacy purposes,\27\ shall not be used to influence 
public opinion in the United States, and no program material 
prepared using such funds shall be distributed or disseminated 
in the United States.
---------------------------------------------------------------------------
    \26\ Sec. 304(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536) struck out ``Except'' and inserted in lieu thereof 
``(1) Except''. Sec. 304(3) of that Act added para. (2).
    \27\ Sec. 304(1) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), inserted ``, identified as public diplomacy funds in 
any Congressional Presentation Document described in subsection (e), or 
reprogrammed for public diplomacy purposes,'' after ``diplomacy 
programs''.
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    (2) \26\ Construction.--Nothing in paragraph (1) may be 
construed (A) to interfere with the integration of 
administrative resources between public diplomacy and other 
functions of the Department of State or to prevent the 
occasional performance of functions other than public diplomacy 
by officials or employees of the Department of State who are 
primarily assigned to public diplomacy, provided there is no 
substantial resulting diminution in the amount of resources 
devoted to public diplomacy below the amounts described in 
paragraph (1), or (B) to supersede reprogramming procedures.
    (d) Reporting Requirements.--The report submitted pursuant 
to section 1601(f) of this subdivision shall include a detailed 
statement of the manner in which the special mission of public 
diplomacy carried out by USIA prior to the transfer of 
functions under this subdivision shall be preserved within the 
Department of State, including the planned duties and 
responsibilities of any new bureaus that will perform such 
public diplomacy functions. Such report shall also include the 
best available estimates of--
          (1) the amounts expended by the Department of State 
        for public affairs programs during fiscal year 1998, 
        and on the personnel and support costs for such 
        programs;
          (2) the amounts expended by USIA for its public 
        diplomacy programs during fiscal year 1998, and on the 
        personnel and support costs for such programs; and
          (3) the amounts, including funds to be transferred 
        from USIA and funds appropriated to the Department, 
        that will be allocated for the programs described in 
        paragraphs (1) and (2), respectively, during the fiscal 
        year in which the transfer of functions from USIA to 
        the Department occurs.
    (e) Congressional Presentation Document.--The Department of 
State's Congressional Presentation Document for fiscal year 
2000 and each fiscal year thereafter shall include--
          (1) the aggregated amounts that the Department will 
        spend on such public diplomacy programs and on costs of 
        personnel for such programs, and a detailed description 
        of the goals and purposes for which such funds shall be 
        expended; and
          (2) the amount of funds allocated to and the 
        positions authorized for such public diplomacy 
        programs, including bureaus to be created upon the 
        transfer of functions from USIA to the Department.

SEC. 1334.\28\ SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
                    DIPLOMACY.
    The United States Advisory Commission on Public Diplomacy, 
established under section 604 of the United States Information 
and Educational Exchange Act of 1948 (22 U.S.C. 1469) and 
section 8 of Reorganization Plan Numbered 2 of 1977, shall 
continue to exist and operate under such provisions of law 
until October 1, 2001.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 6553. Sec. 404(a) of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 
106-113; 113 Stat. 1536), amended and restated sec. 1334. It had 
previously read as follows:
    ``SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON 
PUBLIC DIPLOMACY.
    ``(a) Abolition.--The United States Advisory Commission on Public 
Diplomacy is abolished.
    ``(b) Repeals.--Section 604 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of 
Reorganization Plan Numbered 2 of 1977 are repealed.''.
    Sec. 404(b) through (e) of the Nance/Donovan Act, furthermore, 
provided as follows:
    ``(b) Retroactivity of Effective Date.--The amendment made by 
subsection (a) shall take effect as if included in the enactment of the 
Foreign Affairs Reform and Restructuring Act of 1998.
    ``(c) Reenactment and Repeal of Certain Provisions of Law.--
---------------------------------------------------------------------------

          ``(1) Reenactment.--The provisions of law repealed by section 
        1334 of the Foreign Affairs Reform and Restructuring Act of 
        1998, as in effect before the date of the enactment of this 
        Act, are hereby reenacted into law.
          ``(2) Repeal.--Effective September 30, 2001, section 604 of 
        the United States Information and Educational Exchange Act of 
        1948 (22 U.S.C. 1469) and section 8 of the Reorganization Plan 
        Numbered 2 of 1977 are repealed.
---------------------------------------------------------------------------
    ``(d) Continuity of Advisory Commission.--Notwithstanding any other 
provision of law, any period of discontinuity of the United States 
Advisory Commission on Public Diplomacy shall not affect the 
appointment or terms of service of members of the commission.
    ``(e) Reduction in Staff and Budget.--Notwithstanding section 
604(b) of the United States Information and Educational Exchange Act of 
1948, effective on the date of the enactment of this Act, the United 
States Advisory Commission on Public Diplomacy shall have not more than 
2 individuals who are compensated staff, and not more than 50 percent 
of the resources allocated in fiscal year 1999.''.
---------------------------------------------------------------------------

SEC. 1335. CONFORMING AMENDMENTS. * * * \29\
---------------------------------------------------------------------------

    \29\ Sec. 1335 made conforming amendments to the United States 
Information and Educational Exchange Act of 1948, Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, National and Community 
Service Act of 1990, Public Law 97-446, Public Law 103-227, Fascell 
Fellowship Act, Intelligence Authorization Act, Fiscal Year 1992, 
Federal Triangle Development Act, Woodrow Wilson Memorial Act of 1968, 
Public Law 89-329, Foreign Service Act of 1980, State Department 
Authorities Act of 1956, Public Law 103-317, Public Law 92-352, Public 
Law 104-288, 49 U.S.C., Public Law 102-138, and Cuban Liberty and 
Democratic Solidarity (LIBERTAD) Act of 1996.
---------------------------------------------------------------------------

SEC. 1336. REPEALS.

    The following provisions are repealed:
          (1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 
        1477b), 807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 
        (22 U.S.C 1475f), and 1009 (22 U.S.C. 1440) of the 
        United States Information and Educational Exchange Act 
        of 1948.
          (2) Section 106(c) of the Mutual Educational and 
        Cultural Exchange Act of 1961 (22 U.S.C. 2456(c)).
          (3) Section 565(e) of the Anti-Economic 
        Discrimination Act of 1994 (22 U.S.C. 2679c(e)).
          (4) Section 206(b) of Public Law 102-138.
          (5) Section 2241 of Public Law 104-66.
          (6) Sections 1 through 6 of Reorganization Plan 
        Numbered 2 of 1977 (91 Stat. 636).
          (7) Section 207 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (Public 
        Law 100-204; 22 U.S.C. 1463 note).

 TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1401.\30\ EFFECTIVE DATE.

    This title, and the amendments made by this title, shall 
take effect on the earlier of--
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 6561 note.
---------------------------------------------------------------------------
          (1) April 1, 1999; or
          (2) the date of abolition of the United States 
        International Development Cooperation Agency pursuant 
        to the reorganization plan described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1411.\31\ ABOLITION OF UNITED STATES INTERNATIONAL DEVELOPMENT 
                    COOPERATION AGENCY.

    (a) In General.--Except for the components specified in 
subsection (b), the United States International Development 
Cooperation Agency (including the Institute for Scientific and 
Technological Cooperation) is abolished.
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 6561.
---------------------------------------------------------------------------
    (b) AID and OPIC Exempted.--Subsection (a) does not apply 
to the Agency for International Development or the Overseas 
Private Investment Corporation.

SEC. 1412.\32\ TRANSFER OF FUNCTIONS AND AUTHORITIES.

    (a) Allocation of Funds.--
          (1) Allocation to the secretary of state.--Funds made 
        available under the categories of assistance deemed 
        allocated to the Director of the International 
        Development Cooperation Agency under section 1-801 of 
        Executive Order No. 12163 (22 U.S.C. 2381 note) as of 
        October 1, 1997, shall be allocated to the Secretary of 
        State on and after the effective date of this title 
        without further action by the President.
---------------------------------------------------------------------------
    \32\ 22 U.S.C. 6562.
---------------------------------------------------------------------------
          (2) Procedures for reallocations or transfers.--The 
        Secretary of State may allocate or transfer as 
        appropriate any funds received under paragraph (1) in 
        the same manner as previously provided for the Director 
        of the International Development Cooperation Agency 
        under section 1-802 of that Executive Order, as in 
        effect on October 1, 1997.
    (b) With Respect to the Overseas Private Investment 
Corporation.--There are transferred to the Administrator of the 
Agency for International Development all functions of the 
Director of the United States International Development 
Cooperation Agency as of the day before the effective date of 
this title with respect to the Overseas Private Investment 
Corporation.
    (c) Other Activities.--The authorities and functions 
transferred to the United States International Development 
Cooperation Agency or the Director of that Agency by section 6 
of Reorganization Plan Numbered 2 of 1979 shall, to the extent 
such authorities and functions have not been repealed, be 
transferred to those agencies or heads of agencies, as the case 
may be, in which those authorities and functions were vested by 
statute as of the day before the effective date of such 
reorganization plan.

SEC. 1413.\33\ STATUS OF AID.

    (a) In General.--Unless abolished pursuant to the 
reorganization plan submitted under section 1601, and except as 
provided in section 1412, there is within the Executive branch 
of Government the United States Agency for International 
Development as an entity described in section 104 of title 5, 
United States Code.
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 6563.
---------------------------------------------------------------------------
    (b) Retention of Officers.--Nothing in this section shall 
require the reappointment of any officer of the United States 
serving in the Agency for International Development of the 
United States International Development Cooperation Agency as 
of the day before the effective date of this title.

                    CHAPTER 3--CONFORMING AMENDMENTS

SEC. 1421.\34\ REFERENCES.

    Except as otherwise provided in this subdivision, any 
reference in any statute, reorganization plan, Executive order, 
regulation, agreement, determination, or other official 
document or proceeding to the United States International 
Development Cooperation Agency (IDCA) or to the Director or any 
other officer or employee of IDCA--
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 6571.
---------------------------------------------------------------------------
          (1) insofar as such reference relates to any function 
        or authority transferred under section 1412(a), shall 
        be deemed to refer to the Secretary of State;
          (2) insofar as such reference relates to any function 
        or authority transferred under section 1412(b), shall 
        be deemed to refer to the Administrator of the Agency 
        for International Development;
          (3) insofar as such reference relates to any function 
        or authority transferred under section 1412(c), shall 
        be deemed to refer to the head of the agency to which 
        such function or authority is transferred under such 
        section; and
          (4) insofar as such reference relates to any function 
        or authority not transferred by this title, shall be 
        deemed to refer to the President or such agency or 
        agencies as may be specified by Executive order.

SEC. 1422. CONFORMING AMENDMENTS.

    (a) Termination of Reorganization Plans and Delegations.--
The following shall cease to be effective:
          (1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. 
        App.).
          (2) Section 1-101 through 1-103, sections 1-401 
        through 1-403, section 1-801(a), and such other 
        provisions that relate to the United States 
        International Development Cooperation Agency or the 
        Director of IDCA, of Executive Order No. 12163 (22 
        U.S.C. 2381 note; relating to administration of foreign 
        assistance and related functions).
          (3) The International Development Cooperation Agency 
        Delegation of Authority Numbered 1 (44 Fed. Reg. 
        57521), except for section 1-6 of such Delegation of 
        Authority.
          (4) Section 3 of Executive Order No. 12884 (58 Fed. 
        Reg. 64099; relating to the delegation of functions 
        under the Freedom for Russia and Emerging Eurasian 
        Democracies and Open Markets Support Act of 1992, the 
        Foreign Assistance Act of 1961, the Foreign Operations, 
        Export Financing and Related Programs Appropriations 
        Act, 1993, and section 301 of title 3, United States 
        Code).
    (b) Other Statutory Amendments and Repeal.--
          (1) Title 5.--Section 7103(a)(2)(B)(iv) of title 5, 
        United States Code, is amended * * *
          (2) Inspector general act of 1978.--Section 8A of the 
        Inspector General Act of 1978 (5 U.S.C. App. 3) is 
        amended--* * *
          (3) State department basic authorities act of 1956.--
        The State Department Basic Authorities Act of 1956 is 
        amended--* * *
          (4) Foreign service act of 1980.--The Foreign Service 
        Act of 1980 is amended--* * *
          (5) Repeal.--Section 413 of Public Law 96-53 (22 
        U.S.C. 3512) is repealed.
          (6) Title 49.--Section 40118(d) of title 49, United 
        States Code, is amended * * *
          (7) Export administration act of 1979.--Section 
        2405(g) of the Export Administration Act of 1979 (50 
        U.S.C. App. 2405(g)) is amended--* * *

             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 1501.\35\ EFFECTIVE DATE.

    This title, and the amendments made by this title, shall 
take effect on the earlier of--
---------------------------------------------------------------------------
    \35\ 22 U.S.C. 6581 note.
---------------------------------------------------------------------------
          (1) April 1, 1999; or
          (2) the date of reorganization of the Agency for 
        International Development pursuant to the 
        reorganization plan described in section 1601.

          CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS

SEC. 1511.\36\ REORGANIZATION OF AGENCY FOR INTERNATIONAL DEVELOPMENT.

    (a) In General.--The Agency for International Development 
shall be reorganized in accordance with this subdivision and 
the reorganization plan transmitted pursuant to section 1601.
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 6581.
---------------------------------------------------------------------------
    (b) Functions To Be Transferred.--The reorganization of the 
Agency for International Development shall provide, at a 
minimum, for the transfer to and consolidation with the 
Department of State of the following functions of AID:
          (1) The Press office.
          (2) Certain administrative functions.

            CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE

SEC. 1521.\37\ DEFINITION OF UNITED STATES ASSISTANCE.

    In this chapter, the term ``United States assistance'' 
means development and other economic assistance, including 
assistance made available under the following provisions of 
law:
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 6591.
---------------------------------------------------------------------------
          (1) Chapter 1 of part I of the Foreign Assistance Act 
        of 1961 (relating to development assistance).
          (2) Chapter 4 of part II of the Foreign Assistance 
        Act of 1961 (relating to the economic support fund).
          (3) Chapter 10 of part I of the Foreign Assistance 
        Act of 1961 (relating to the Development Fund for 
        Africa).
          (4) Chapter 11 of part I of the Foreign Assistance 
        Act of 1961 (relating to assistance for the independent 
        states of the former Soviet Union).
          (5) The Support for East European Democracy Act (22 
        U.S.C. 5401 et seq.).

SEC. 1522.\38\ ADMINISTRATOR OF AID REPORTING TO THE SECRETARY OF 
                    STATE.

    The Administrator of the Agency for International 
Development, appointed pursuant to section 624(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall 
report to and be under the direct authority and foreign policy 
guidance of the Secretary of State.
---------------------------------------------------------------------------
    \38\ 22 U.S.C. 6592.
---------------------------------------------------------------------------

SEC. 1523.\39\ ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.

    (a) Authority of the Secretary of State.--
          (1) In general.--Under the direction of the 
        President, the Secretary of State shall coordinate all 
        United States assistance in accordance with this 
        section, except as provided in paragraphs (2) and (3).
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 6593.
---------------------------------------------------------------------------
          (2) Export promotion activities.--Coordination of 
        activities relating to promotion of exports of United 
        States goods and services shall continue to be 
        primarily the responsibility of the Secretary of 
        Commerce.
          (3) International economic activities.--Coordination 
        of activities relating to United States participation 
        in international financial institutions and relating to 
        organization of multilateral efforts aimed at currency 
        stabilization, currency convertibility, debt reduction, 
        and comprehensive economic reform programs shall 
        continue to be primarily the responsibility of the 
        Secretary of the Treasury.
          (4) Authorities and powers of the secretary of 
        state.--The powers and authorities of the Secretary 
        provided in this chapter are in addition to the powers 
        and authorities provided to the Secretary under any 
        other Act, including section 101(b) and section 622(c) 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151(b), 2382(c)).
    (b) Coordination Activities.--Coordination activities of 
the Secretary of State under subsection (a) shall include--
          (1) approving an overall assistance and economic 
        cooperation strategy;
          (2) ensuring program and policy coordination among 
        agencies of the United States Government in carrying 
        out the policies set forth in the Foreign Assistance 
        Act of 1961, the Arms Export Control Act, and other 
        relevant assistance Acts;
          (3) pursuing coordination with other countries and 
        international organizations; and
          (4) resolving policy, program, and funding disputes 
        among United States Government agencies.
    (c) Statutory Construction.--Nothing in this section may be 
construed to lessen the accountability of any Federal agency 
administering any program, project, or activity of United 
States assistance for any funds made available to the Federal 
agency for that purpose.
    (d) Authority To Provide Personnel of the Agency for 
International Development.--The Administrator of the Agency for 
International Development is authorized to detail to the 
Department of State on a nonreimbursable basis such personnel 
employed by the Agency as the Secretary of State may require to 
carry out this section.

                         TITLE XVI--TRANSITION

                     CHAPTER 1--REORGANIZATION PLAN

SEC. 1601.\40\ REORGANIZATION PLAN AND REPORT.

    (a) Submission of Plan and Report.--Not later than 60 days 
after the date of the enactment of this Act, the President 
shall transmit to the appropriate congressional committees a 
reorganization plan and report regarding--
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 6601.
---------------------------------------------------------------------------
          (1) the abolition of the United States Arms Control 
        and Disarmament Agency, the United States Information 
        Agency, and the United States International Development 
        Cooperation Agency in accordance with this subdivision;
          (2) with respect to the Agency for International 
        Development, the consolidation and streamlining of the 
        Agency and the transfer of certain functions of the 
        Agency to the Department in accordance with section 
        1511;
          (3) the termination of functions of each covered 
        agency as may be necessary to effectuate the 
        reorganization under this subdivision, and the 
        termination of the affairs of each agency abolished 
        under this subdivision;
          (4) the transfer to the Department of the functions 
        and personnel of each covered agency consistent with 
        the provisions of this subdivision; and
          (5) the consolidation, reorganization, and 
        streamlining of the Department in connection with the 
        transfer of such functions and personnel in order to 
        carry out such functions.
    (b) Covered Agencies.--The agencies covered by this section 
are the following:
          (1) The United States Arms Control and Disarmament 
        Agency.
          (2) The United States Information Agency.
          (3) The United States International Development 
        Cooperation Agency.
          (4) The Agency for International Development.
    (c) Plan Elements.--The plan transmitted under subsection 
(a) shall contain, consistent with this subdivision, such 
elements as the President deems appropriate, including elements 
that--
          (1) identify the functions of each covered agency 
        that will be transferred to the Department under the 
        plan;
          (2) specify the steps to be taken by the Secretary of 
        State to reorganize internally the functions of the 
        Department, including the consolidation of offices and 
        functions, that will be required under the plan in 
        order to permit the Department to carry out the 
        functions transferred to it under the plan;
          (3) specify the funds available to each covered 
        agency that will be transferred to the Department as a 
        result of the transfer of functions of such agency to 
        the Department;
          (4) specify the proposed allocations within the 
        Department of unexpended funds transferred in 
        connection with the transfer of functions under the 
        plan; and
          (5) specify the proposed disposition of the property, 
        facilities, contracts, records, and other assets and 
        liabilities of each covered agency in connection with 
        the transfer of the functions of such agency to the 
        Department.
    (d) Reorganization Plan of Agency for International 
Development.--In addition to applicable provisions of 
subsection (c), the reorganization plan transmitted under this 
section for the Agency for International Development--
          (1) may provide for the abolition of the Agency for 
        International Development and the transfer of all its 
        functions to the Department of State; or
          (2) in lieu of the abolition and transfer of 
        functions under paragraph (1)--
                  (A) shall provide for the transfer to and 
                consolidation within the Department of the 
                functions set forth in section 1511; and
                  (B) may provide for additional consolidation, 
                reorganization, and streamlining of AID, 
                including--
                          (i) the termination of functions and 
                        reductions in personnel of AID;
                          (ii) the transfer of functions of 
                        AID, and the personnel associated with 
                        such functions, to the Department; and
                          (iii) the consolidation, 
                        reorganization, and streamlining of the 
                        Department upon the transfer of such 
                        functions and personnel in order to 
                        carry out the functions transferred.
    (e) Modification of Plan.--The President may, on the basis 
of consultations with the appropriate congressional committees, 
modify or revise any part of the plan transmitted under 
subsection (a) until that part of the plan becomes effective in 
accordance with subsection (g).
    (f) Report.--The report accompanying the reorganization 
plan for the Department and the covered agencies submitted 
pursuant to this section shall describe the implementation of 
the plan and shall include--
          (1) a detailed description of--
                  (A) the actions necessary or planned to 
                complete the reorganization,
                  (B) the anticipated nature and substance of 
                any orders, directives, and other 
                administrative and operational actions which 
                are expected to be required for completing or 
                implementing the reorganization, and
                  (C) any preliminary actions which have been 
                taken in the implementation process;
          (2) the number of personnel and positions of each 
        covered agency (including civil service personnel, 
        Foreign Service personnel, and detailees) that are 
        expected to be transferred to the Department, separated 
        from service with such agency, or eliminated under the 
        plan, and a projected schedule for such transfers, 
        separations, and terminations;
          (3) the number of personnel and positions of the 
        Department (including civil service personnel, Foreign 
        Service personnel, and detailees) that are expected to 
        be transferred within the Department, separated from 
        service with the Department, or eliminated under the 
        plan, and a projected schedule for such transfers, 
        separations, and terminations;
          (4) a projected schedule for completion of the 
        implementation process; and
          (5) recommendations, if any, for legislation 
        necessary to carry out changes made by this subdivision 
        relating to personnel and to incidental transfers.
    (g) Effective Date.--
          (1) In general.--The reorganization plan described in 
        this section, including any modifications or revisions 
        of the plan under subsection (e), shall become 
        effective on the earlier of the date for the respective 
        covered agency specified in paragraph (2) or the date 
        announced by the President under paragraph (3).
          (2) Statutory effective dates.--The effective dates 
        under this paragraph for the reorganization plan 
        described in this section are the following:
                  (A) April 1, 1999, with respect to functions 
                of the Agency for International Development 
                described in section 1511.
                  (B) April 1, 1999, with respect to the 
                abolition of the United States Arms Control and 
                Disarmament Agency and the United States 
                International Development Cooperation Agency.
                  (C) October 1, 1999, with respect to the 
                abolition of the United States Information 
                Agency.
          (3) Effective date by presidential determination.--An 
        effective date under this paragraph for a 
        reorganization plan described in this section is such 
        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 90 
        calendar days after the President has transmitted the 
        reorganization plan to the appropriate congressional 
        committees pursuant to subsection (a).
          (4) Statutory construction.--Nothing in this 
        subsection may be construed to require the transfer of 
        functions, personnel, records, balance of 
        appropriations, or other assets of a covered agency on 
        a single date.
          (5) Supersedes existing law.--Paragraph (1) shall 
        apply notwithstanding section 905(b) of title 5, United 
        States Code.
    (h) Publication.--The reorganization plan described in this 
section shall be printed in the Federal Register after the date 
upon which it first becomes effective.

                  CHAPTER 2--REORGANIZATION AUTHORITY

SEC. 1611.\41\ REORGANIZATION AUTHORITY.

    (a) In General.--The Secretary is authorized, subject to 
the requirements of this subdivision, to allocate or reallocate 
any function transferred to the Department under any title of 
this subdivision, 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 subdivision, but this subsection does 
not authorize the Secretary to modify the terms of any statute 
that establishes or defines the functions of any bureau, 
office, or officer of the Department.
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    \41\ 22 U.S.C. 6611.
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    (b) Requirements and Limitations on Reorganization Plan.--
The reorganization plan transmitted under section 1601 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 a Federal agency to exercise a 
        function which is not authorized by law at the time the 
        plan is transmitted to Congress;
          (4) creating a new Federal 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.

SEC. 1612.\42\ TRANSFER AND ALLOCATION OF APPROPRIATIONS.

    (a) In General.--Except as otherwise provided in this 
subdivision, the assets, liabilities (including contingent 
liabilities arising from suits continued with a substitution or 
addition of parties under section 1615(e)), 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 subdivision shall be 
transferred to the Secretary for appropriate allocation.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 6612.
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    (b) Limitation on Use of Transferred Funds.--Except as 
provided in subsection (c), unexpended and unobligated funds 
transferred pursuant to any title of this subdivision shall be 
used only for the purposes for which the funds were originally 
authorized and appropriated.
    (c) Funds To Facilitate Transition.--
          (1) Congressional notification.--Funds transferred 
        pursuant to subsection (a) may be available for the 
        purposes of reorganization subject to notification of 
        the appropriate congressional committees in accordance 
        with the procedures applicable to a reprogramming of 
        funds under section 34 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2706).
          (2) Transfer authority.--Funds in any account 
        appropriated to the Department of State may be 
        transferred to another such account for the purposes of 
        reorganization, subject to notification of the 
        appropriate congressional committees in accordance with 
        the procedures applicable to a reprogramming of funds 
        under section 34 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2706). The authority 
        in this paragraph is in addition to any other transfer 
        authority available to the Secretary of State and shall 
        expire September 30, 2000.

SEC. 1613.\43\ TRANSFER, APPOINTMENT, AND ASSIGNMENT OF PERSONNEL.

    (a) Transfer of Personnel From ACDA and USIA.--Except as 
otherwise provided in title XIII--
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 6613.
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          (1) not later than the date of abolition of ACDA, all 
        personnel and positions of ACDA, and
          (2) not later than the date of abolition of USIA, all 
        personnel and positions of USIA,
shall be transferred to the Department of State at the same 
grade or class and the same rate of basic pay or basic salary 
rate and with the same tenure held immediately preceding 
transfer.
    (b) Transfer of Personnel From AID.--Except as otherwise 
provided in title XIII, not later than the date of transfer of 
any function of AID to the Department of State under this 
subdivision, all AID personnel performing such functions and 
all positions associated with such functions shall be 
transferred to the Department of State at the same grade or 
class and the same rate of basic pay or basic salary rate and 
with the same tenure held immediately preceding transfer.
    (c) Assignment Authority.--The Secretary, for a period of 
not more than 6 months commencing on the effective date of the 
transfer to the Department of State of personnel under 
subsections (a) and (b), is authorized to assign such personnel 
to any position or set of duties in the Department of State 
regardless of the position held or duties performed by such 
personnel prior to transfer, except that, by virtue of such 
assignment, such personnel shall not have their grade or class 
or their rate of basic pay or basic salary rate reduced, nor 
their tenure changed. In carrying out the reorganization under 
this Act, the Secretary shall ensure that the advances made in 
increasing the number and status of women and minorities within 
the foreign affairs agencies of the Federal Government, in 
terms of representation within the agencies as well as relative 
rank, are not undermined by discrimination within the newly 
reorganized Department of State.\44\ The Secretary shall 
consult with the relevant exclusive representatives (as defined 
in section 1002 of the Foreign Service Act and in section 7103 
of title 5, United States Code) with regard to the exercise of 
this authority. This subsection does not authorize the 
Secretary to assign any individual to any position that by law 
requires appointment by the President, by and with the advice 
and consent of the Senate.
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    \44\ Sec. 341 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added ``In carrying out the reorganization under this Act, 
the Secretary shall ensure that the advances made in increasing the 
number and status of women and minorities within the foreign affairs 
agencies of the Federal Government, in terms of representation within 
the agencies as well as relative rank, are not undermined by 
discrimination within the newly reorganized Department of State.''.
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    (d) Superseding Other Provisions of Law.--Subsections (a) 
through (c) shall be exercised notwithstanding any other 
provision of law.

SEC. 1614.\45\ INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, when 
requested by the Secretary, 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 subdivision. The 
Director of the Office of Management and Budget, in 
consultation with the Secretary, shall provide for the 
termination of the affairs of all entities terminated by this 
subdivision and for such further measures and dispositions as 
may be necessary to effectuate the purposes of any title of 
this subdivision.
---------------------------------------------------------------------------
    \45\ 22 U.S.C. 6614.
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SEC. 1615.\46\ 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--
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 6615.
---------------------------------------------------------------------------
          (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 subdivision; and
          (2) that are in effect as of the effective date of 
        such title, 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) In general.--The provisions of any title of this 
        subdivision 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 subdivision before any Federal agency, 
        commission, or component thereof, functions of which 
        are transferred by any title of this subdivision. Such 
        proceedings and applications, to the extent that they 
        relate to functions so transferred, shall be continued.
          (2) Orders, appeals, payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this subdivision 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) Statutory construction.--Nothing in this 
        subdivision 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 subdivision had not 
        been enacted.
          (4) Regulations.--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 or Administrative Proceedings.--
Except as provided in subsection (e) and section 1327(d)--
          (1) the provisions of this subdivision shall not 
        affect suits commenced prior to the effective dates of 
        the respective titles of this subdivision; and
          (2) in all such suits, proceedings shall be had, 
        appeals taken, and judgments rendered in the same 
        manner and effect as if this subdivision had not been 
        enacted.
    (d) Nonabatement 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 Federal 
agency, or any commission or component thereof, functions of 
which are transferred by any title of this subdivision, shall 
abate by reason of the enactment of this subdivision. No cause 
of action by or against any Federal agency, or any commission 
or component thereof, functions of which are transferred by any 
title of this subdivision, or by or against any officer thereof 
in the official capacity of such officer shall abate by reason 
of the enactment of this subdivision.
    (e) Continuation of Proceeding With Substitution of 
Parties.--If, before the effective date of any title of this 
subdivision, any Federal agency, or officer thereof in the 
official capacity of such officer, is a party to a suit, and 
under this subdivision any function of such department, agency, 
or officer is transferred to the Secretary or any other 
official of the Department, then effective on such date 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 subdivision 
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 
Federal 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 subdivision shall apply to the 
exercise of such function by the Secretary.

SEC. 1616.\47\ AUTHORITY OF SECRETARY OF STATE TO FACILITATE 
                    TRANSITION.

    Notwithstanding any provision of this subdivision, the 
Secretary of State, with the concurrence of the head of the 
appropriate Federal agency exercising functions transferred 
under this subdivision, may transfer the whole or part of such 
functions prior to the effective dates established in this 
subdivision, including the transfer of personnel and funds 
associated with such functions.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 6616.
---------------------------------------------------------------------------

SEC. 1617.\48\ FINAL REPORT.

    Not later than January 1, 2001, 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 agencies abolished under this subdivision.
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 6617.Z  VOLUME II--jacket number 70-365 filename--
70365.025
  c. International Postal Arrangements; Postal Services at Diplomatic 
                                 Posts

Partial text of 39 United States Code, as amended by Public Law 101-524 
[Deceptive Mailings Prevention Act of 1990; H.R. 2331], 104 Stat. 2301 
at 2303, approved November 6, 1990; and by Public Law 105-277 [Treasury 
and General Government Appropriations Act, 1999; H.R. 4328], 112 Stat. 
                  2681-480, approved October 21, 1998

Sec. 407. International Postal Arrangements.\1\

    (a)(1) The Secretary of State shall have primary 
responsibility for formulation, coordination and oversight of 
policy with respect to United States participation in the 
Universal Postal Union, including the Universal Postal 
Convention and other Acts of the Universal Postal Union, 
amendments thereto, and all postal treaties and conventions 
concluded within the framework of the Convention and such Acts.
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    \1\ Sec. 632(a) of Public Law 105-277 (112 Stat. 2681-523) amended 
and restated sec. 407. Subsecs. (b) and (d) of sec. 632 further 
provided the following:
    ``(b) Sense of Congress.--It is the sense of Congress that any 
treaty, convention or amendment entered into under the authority of 
section 407 of title 39 of the United States Code, as amended by this 
section, should not grant any undue or unreasonable preference to the 
Postal Service, a private provider of postal services, or any other 
person.
    ``(c) * * *
    ``(d) Transfer of Funds.--In fiscal year 1999 and each fiscal year 
hereafter, the Postal Service shall allocate to the Department of State 
from any funds available to the Postal Service such sums as may be 
reasonable, documented and auditable for the Department of State to 
carry out the activities of Section 407 of title 39 of the United 
States Code.''.
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    (2) Subject to subsection (d), the Secretary may, with the 
consent of the President, negotiate and conclude treaties, 
conventions and amendments referred to in paragraph (1).
    (b)(1) Subject to subsections (a), (c), and (d), the Postal 
Service may, with the consent of the President, negotiate and 
conclude postal treaties and conventions.
    (2) The Postal Service may, with the consent of the 
President, establish rates of postage or other charges on mail 
matter conveyed between the United States and other countries.
    (3) The Postal Service shall transmit a copy of each postal 
treaty or convention concluded with other governments under the 
authority of this subsection to the Secretary of State, who 
shall furnish a copy to the Public Printer for publication.
    (c) The Postal Service shall not conclude any treaty or 
convention under the authority of this section or any other 
arrangement related to the delivery of international postal 
services that is inconsistent with any policy developed 
pursuant to subsection (a).
    (d) In carrying out their responsibilities under this 
section, the Secretary and the Postal Service shall consult 
with such federal agencies as the Secretary or the Postal 
Service considers appropriate, private providers of 
international postal services, users of international postal 
services, the general public, and such other persons as the 
Secretary or the Postal Service considers appropriate.

Sec. 413. Postal services at diplomatic posts. \2\

    (a) The Postal Service and the Department of State may 
enter into 1 or more agreements for field testing to ascertain 
the feasibility of providing postal services through personnel 
provided by the Department of State at branch post offices 
established by the Postal Service in United States diplomatic 
missions at locations abroad for which branch post offices are 
not established under section 406.
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    \2\ Sec. 5(a) of the Deceptive Mailings Prevention Act of 1990 
(Public Law 101-524; 104 Stat. 2303) added sec. 413.
---------------------------------------------------------------------------
    (b) To the extent that the Postal Service and the 
Department of State conclude it to be feasible and in the 
public interest, the Postal Service may establish branch post 
offices at United States diplomatic missions in locations 
abroad for which branch post offices are not established under 
section 406, and the Department of State may enter into an 
agreement with the Postal Service to perform postal services at 
such branch post offices through personnel designated by the 
Department of State.
    (c) The Department of State shall reimburse the Postal 
Service for any amounts, determined by the Postal Service, 
equal to the additional costs incurred by the Postal Service, 
including transportation costs, incurred by the Postal Service 
in the performance of its obligations under any agreement 
entered into under this section.
    (d) Each agreement entered into under this section shall 
include--
          (1) provisions under which the Department of State 
        shall make any reimbursements required under subsection 
        (c);
          (2) provisions authorizing the Postal Service to 
        terminate the agreement, and the services provided 
        thereunder, in the event that the Department of State 
        does not comply with the provisions under paragraph 
        (1); and
          (3) any other provisions which may be necessary, 
        including provisions relating to the closing of a post 
        office under this section if necessary because a post 
        office under section 406 is established in the same 
        location.
            d. Foreign Service Retirement Amendments of 1976

Partial text of Public Law 94-350 [Foreign Relations Authorization Act, 
 Fiscal Year 1977; S. 3168], 90 Stat. 834, approved July 12, 1976; as 
amended by Public Law 96-465 [Foreign Service Act of 1980, H.R. 6790], 
            94 Stat. 2071 at 2160, approved October 17, 1980

AN ACT To authorize fiscal year 1977 appropriations for the Department 
   of State, the United States Information Agency, and the Board for 
          International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Relations Authorization Act, 
Fiscal Year 1977''.

_______________________________________________________________________


          Note.--See also title I, chapter 8 of the Foreign 
        Service Act of 1980 for additional legislation 
        concerning the Foreign Service Retirement and 
        Disability System.
_______________________________________________________________________

          * * * * * * *

                  TITLE V--FOREIGN SERVICE RETIREMENT

                              short title

    Sec. 500. This title may be cited as the ``Foreign Service 
Retirement Amendments of 1976''.
          * * * * * * *

            conversion to foreign service retirement system

    Sec. 522.\1\ * * * [Repealed--1981]
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    \1\ Sec. 522 was repealed by sec. 2205(4) of the Foreign Service 
Act of 1980 (Public Law 96-465; 94 Stat. 2160).
---------------------------------------------------------------------------

        grants to certain widows and survivor annuity elections

    Sec. 523.\2\ (a) A Foreign Service annuitant who was 
married at the time of retirement, whose service terminated 
prior to October 16, 1960, and who has not elected any survivor 
benefit, may, within one hundred and twenty days after the 
effective date of this title, elect a reduction in his or her 
annuity of $300 per annum and provide a survivor benefit of 
$2,400 per annum payable to the annuitant's surviving spouse 
provided the marriage had been in effect for at least two years 
at the time of death or resulted in the birth of a child. The 
survivor annuity shall be treated in all respects as if it had 
been elected under section 821(b) of the Foreign Service Act of 
1946,\3\ as amended by this title.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 1076 note.
    \3\ Such section was repealed and replaced by the Foreign Service 
Act of 1980 (Public Law 96-465). Sec. 2401(c) of such Act specified 
that any references in other Acts to the Foreign Service Act of 1946 
would be deemed to be a reference to the corresponding provision of the 
Foreign Service Act of 1980.
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    (b) An annuitant who makes an election under subsection (a) 
of this section shall pay into the Foreign Service Retirement 
and Disability Fund an amount equal to $25 times the number of 
full months between the commencing date of his or her annuity 
and the first of the month following receipt of notice of 
election by the Secretary of State. This amount may be paid 
into such Fund by deduction from annuity in multiples of $25 
per month. The annuity reduction under subsection (a) of this 
section and the deduction under this subsection shall commence 
effective the first of the month following receipt of notice of 
the election by the Secretary of State. The deduction under 
this subsection shall continue until the required amount has 
been paid into such Fund or until the annuitant's death, 
whichever occurs first; and if the latter, any remaining 
portion of such required amount shall be deemed to have been 
paid.
    (c) If a Foreign Service annuitant who separated from the 
Foreign Service prior to October 16, 1960, died before the 
effective date of this title, or dies within one hundred and 
twenty days after such effective date leaving a spouse to whom 
married at retirement who is not entitled to receive a survivor 
annuity under the terms of section 8133 of title 5, United 
States Code, or any law authorizing payment from the Foreign 
Service Retirement and Disability Fund and who qualifies under 
section 821(h) of the Foreign Service Act of 1946,\3\ as 
amended by this title, the Secretary of State shall grant such 
surviving spouse, if not remarried prior to age sixty, an 
annuity, to be payable from such Fund in the amount of $2,400 
per annum adjusted by all cost-of-living increases received by 
widows granted annuities under section 4 of the Act of October 
31, 1965 (79 Stat. 1130). An annuity to a surviving spouse who 
remarried prior to age sixty may be initiated or resumed under 
this subsection in accordance with the provisions of 
subsections (b) and (h) of section 821 of the Foreign Service 
Act of 1946,\3\ as amended by this title, if such remarriage 
has terminated or terminates in the future.

                            effective dates

    Sec. 524.\4\ (a) Unless otherwise specified, this title 
shall be effective upon enactment or on October 1, 1976, 
whichever is later.
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    \4\ 22 U.S.C. 915 note.
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    (b) Section 522 of this title and sections 803 and 881 of 
the Foreign Service Act of 1946, as amended by this title,\3\ 
shall be effective on the first day of the first pay period 
which begins more than ninety days after the effective date of 
this title.
    (c) Effective on the last day of the first month which ends 
after the effective date of this title, all Foreign Service 
survivor annuities, including those then in effect, shall 
terminate on the last day of a month in accordance with the 
provisions of subsections (b)(2)(B), (e), and (f) of section 
821 of the Foreign Service Act of 1946, as amended by this 
title.\3\
    (d) The amendment of section 804 of the Foreign Service Act 
of 1946 \3\ made by this title broadening eligibility for 
children's survivor annuities shall apply to all surviving 
children regardless of the date of death of the principal.
    (e) Subsection (g) of section 821 of the Foreign Service 
Act of 1946, as added by this title,\3\ shall apply to both 
present and future Foreign Service annuitants. Any annuitant 
unmarried at retirement who married after retirement but prior 
to the effective date of this title may make an election under 
such subsection (g) if notice of the election is received by 
the Secretary of State within one year after such effective 
date.
    (f) If an annuitant dies on or after January 8, 1971, who, 
prior to the effective date of this title, elected a reduced 
annuity with a benefit to a surviving spouse, and is survived 
by a spouse acquired after such election who qualifies under 
section 804(2) of the Foreign Service Act of 1946, as amended 
by this title,\3\ such surviving spouse shall be entitled to an 
annuity computed under the law in effect at the time of such 
election and in accordance with all other applicable statutes. 
Such an annuity shall be treated in all other respects in the 
same manner as an annuity payable under section 821(b) of the 
Foreign Service Act of 1946, as amended by this title.\3\ For 
purposes of section 882(c)(2) of the Foreign Service Act of 
1946, as amended by this title,\3\ the death of an annuitant 
who has died before the effective date of this title shall be 
deemed to have occurred on such effective date.
    (g) The restrictions on payment of survivor annuities in 
subsection (b)(2)(A) and subsection (h) of section 821 of such 
Act \3\ shall not apply to a supplemental survivor annuity 
provided under subsection (i) of section 821 or subsection (f) 
of section 832 of such Act \3\ if the restrictions do not apply 
to a basic survivor annuity elected prior to commencement of 
the recall service.
    (h) Subsection (a) of section 822 of the Foreign Service 
Act of 1946,\3\ as added by this title,\3\ shall be effective 
on the first day of the first month which begins on or after 
the effective date of this title.
    (i) Subsection (a) of section 841 of the Foreign Service 
Act of 1946, as amended by this title,\3\ shall not apply to 
participants separated from the Foreign Service prior to the 
effective date of this title nor to their survivors. All 
payments from the Foreign Service Retirement Fund that become 
due on and after such effective date shall be paid in the order 
of precedence specified in such section 841 irrespective of the 
date of separation.
    (j) Subsection (c) of section 851 of the Foreign Service 
Act of 1946, as added by this title,\3\ shall be effective on 
the first day of the first pay period that begins more than 
thirty days after the effective date of this title. A 
participant who is on approved leave without pay and is serving 
as a full-time officer or employee of an organization composed 
primarily of Government employees on the effective date of such 
section shall have sixty days from such date to file an 
election under subsection (c) of said section 851.
    (k) Subsection (f) of section 851 of the Foreign Service 
Act of 1946, as added by this title,\3\ shall apply, in 
addition to present participants, to former participants who 
separated from the Foreign Service to enter the Armed Forces 
within the five-year period immediately preceding the effective 
date of this title and who are members of the Armed Forces on 
such date.
    (l) The annuity of a survivor who becomes immediately 
eligible for an annuity under subsection (c) of section 523 of 
this title or subsection (d) or (f) of this section shall 
become effective the first day of the first month which begins 
on or after the effective date of this title. However, payment 
shall be made only after receipt by the Department of State of 
such application for annuity and such proof of eligibility as 
the Secretary may require. If such application and proof of 
eligibility are not submitted during an otherwise eligible 
person's lifetime, no annuity shall be due or payable to his or 
her estate.
    (m) The amendment of subsections (a) and (b) of section 882 
of the Foreign Service Act of 1946 \3\ made by this title shall 
be effective on the fifteenth day of the third month which 
begins after the effective date of this title.
    (n) Annuities which commenced between--
          (A) the effective date of the last cost-of-living 
        increase which became effective under section 882 of 
        the Foreign Service Act of 1946 \3\ prior to the 
        effective date of this title, and
          (B) such effective date,
shall be recomputed and, if necessary, adjusted retroactively 
to their commencing dates to apply the provisions of new 
subsections (c)(1) of section 882 of the Foreign Service Act of 
1946, as added by section 515 of this title.\3\
    (o) Any Foreign Service officer who is or becomes a career 
minister and who is not occupying a position to which appointed 
by the President, by and with the advice and consent of the 
Senate, shall be mandatorily retired for age in accordance with 
the schedule below and receive benefits under section 821 of 
the Foreign Service Act of 1946,\3\ unless the Secretary 
determines it to be in the public interest to extend such 
officer's service for a period not to exceed five years:

                          retirement schedule

    (1) Any career minister who reaches age sixty-five during 
the month this title becomes effective shall be retired at the 
end of such month.
    (2) Other career ministers who are age sixty or over on 
such effective date shall be retired at the end of the month 
which contains the midpoint between the last day of the month 
of such effective date and the last day of the month during 
which the officer would reach age sixty-five, counting thirty 
days to the month.
    (3) On the last day of the thirtieth month which ends after 
such effective date, all other career ministers who are age 
sixty or over shall be retired, and thereafter the amendments 
made by sections 518 and 519 shall be applicable in all cases.
    (4) Any career minister who completes a period of 
authorized service after he reaches mandatory retirement age as 
provided in the above schedule shall be retired at the end of 
the month in which the officer completes such service.
          e. Coordination Procedures--U.S. Diplomatic Missions

Executive Order No. 10338; April 4, 1952; 17 F.R. 3009; 22 U.S.C. 2382 
                                  note

    Section 1. Functions of the Chief of the United States 
Diplomatic Mission. (a) The Chief of the United States 
Diplomatic Mission in each country, as the representative of 
the President and acting on his behalf, shall coordinate the 
activities of the United States representatives (including the 
chiefs of economic missions, military assistance advisory 
groups, and other representatives of agencies of the United 
States Government) in such country engaged in carrying out 
programs under the Mutual Security Act of 1951 (hereinafter 
referred to as the Act), and he shall assume responsibility for 
assuring the unified development and execution of the said 
programs in such country. More particularly, the functions of 
each Chief of United States Diplomatic Mission shall include, 
with respect to the programs and country concerned:
          (1) Exercising general direction and leadership of 
        the entire effort.
          (2) Assuring that recommendations and prospective 
        plans and actions of the United States representatives 
        are effectively coordinated and are consistent with and 
        in furtherance of the established policy of the United 
        States.
          (3) Assuring that the interpretations and application 
        of instructions received by the United States 
        representatives from higher authority are in accordance 
        with the established policy of the United States.
          (4) Guiding the United States representatives in 
        working out measures to prevent duplication in their 
        efforts and to promote the most effective and efficient 
        use of all United States officers and employees having 
        mutual security responsibilities.
          (5) Keeping the United States representatives fully 
        informed as to current and prospective United States 
        policies.
          (6) Prescribing procedures governing the coordination 
        of the activities of the United States representatives, 
        and assuring that these representatives shall have 
        access to all available information essential to the 
        accomplishment of their prescribed duties.
          (7) Preparing and submitting such reports on the 
        operation and status of the programs under the Act as 
        may be directed by the Director for Mutual Security.
    (b) Each Chief of United States Diplomatic Mission shall 
perform his functions under this order in accordance with 
instructions from higher authority and subject to established 
policies and programs of the United States.
    (c) No Chief of United States Diplomatic Mission shall 
delegate any function conferred upon him by the provisions of 
this order which directly involves the exercise of direction, 
coordination, or authority.
    Sec. 2. Referral of unresolved matters. The Chief of the 
United States Diplomatic Mission in each country shall initiate 
steps to reconcile any divergent views arising in the country 
concerned with respect to programs under the Act. If agreement 
cannot be reached the Chief of the United States Diplomatic 
Mission shall recommend a course of action, and such course of 
action shall be followed unless a United States representative 
requests that the issue be referred to higher authority for 
decision. If such a request is made, the parties concerned 
shall promptly refer the issue to higher authority for 
resolution prior to taking action at the country level. The 
Director for Mutual Security shall assure expeditious decisions 
on matters so submitted.
    Sec. 3. Effect of order on United States representatives. 
(a) All United States representatives in each country shall be 
subject to the responsibilities imposed upon the Chief of the 
United States Diplomatic Mission in such country by section 507 
of the Mutual Security Act of 1951 and by this order.
    (b) Subject to compliance with the provisions of this order 
and with the prescribed procedures of their respective 
agencies, all United States representatives affected by this 
order (1) shall have direct communication with their respective 
agencies and with such other parties and in such manner as may 
be authorized by their respective agencies, (2) shall keep the 
respective Chiefs of United States Diplomatic Missions and each 
other fully and currently informed on all matters, including 
prospective plans, recommendations, and actions, relating to 
programs under the Act, and (3) shall furnish to the respective 
Chiefs of United States Diplomatic Missions, upon their 
request, documents and information concerning the said 
programs.
    Sec. 4. Further coordination procedures. The Director for 
Mutual Security shall be responsible for assuring the carrying 
out of the provisions of this order. He is authorized to 
prescribe, after consultation with the interested Government 
agencies, any additional procedures he may find necessary to 
carry out the provisions of this order.
    Sec. 5. Prior orders. (a) To the extent that provisions of 
any prior order are inconsistent with the provisions of this 
order, the latter shall control, and any such prior provisions 
are amended accordingly. All orders, regulations, rulings, 
certificates, directives, and other actions relating to any 
function affected by this order shall remain in effect except 
as they are inconsistent herewith or are hereafter amended or 
revoked under proper authority.
    (b) Nothing in this order shall affect Executive Orders 
Nos. 10062, 10063, and 10144 of June 6, 1949, June 13, 1949, 
and July 21, 1950, respectively.
    (c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 
9960, 10208, and 10259 of May 22, 1947, May 31, 1947, December 
26, 1947, April 9, 1948, May 19, 1948, January 25, 1951, and 
June 27, 1951, respectively, are hereby revoked.
              f. The Foreign Service of the United States

Executive Order 12293,\1\ February 23, 1981, 46 F.R. 13969; as amended 
by Executive Order 12363, May 21, 1982, 47 F.R. 22497; Executive Order 
12388, October 14, 1982, 47 F.R. 46245; Executive Order 12536, October 
 9, 1985, 50 F.R. 41477; and by Executive Order 13118, March 31, 1999, 
                             64 F.R. 16595

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, 
including the Foreign Service Act of 1980 (94 Stat. 2071, 22 
U.S.C. 3901 et seq.), Section 202 of the Revised Statutes (22 
U.S.C. 2656), and Section 301 of Title 3 of the United States 
Code, and in order to provide for the administration of the 
Foreign Service of the United States, it is hereby ordered as 
follows:
    Section 1. There are hereby delegated to the Secretary of 
State those functions vested in the President by Sections 205, 
401(a), 502(c), 613, and 801 of the Foreign Service Act of 
1980, hereinafter referred to as the Act (22 U.S.C. 3925, 
3942(a)(1), 3892(c), 4013, and 4041).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3901 note.
---------------------------------------------------------------------------
    Sec. 2. The Secretary of State shall, in accord with 
Section 205 of the Act (22 U.S.C. 3925), consult with the 
Secretary of Agriculture, the Secretary of Commerce, the 
Director of the United States Information Agency,\2\ the 
Administrator of the United States Agency for International 
Development,\3\ the Director of the Office of Personnel 
Management, and the Director of the Office of Management and 
Budget, in order to ensure compatibility between the Foreign 
Service personnel system and other government personnel 
systems.
---------------------------------------------------------------------------
    \2\ Sec. 10(4)(A) of Executive Order 13118 struck out ``Director of 
the United States International Development Cooperation Agency'' and 
inserted in lieu thereof ``Administrator of the United States Agency 
for International Development''.
    \3\ The reference to the United States Information Agency was 
substituted in lieu of a reference to the International Communication 
Agency by sec. 4 of Executive Order 12388.
---------------------------------------------------------------------------
    Sec. 3. The Secretary of State shall make recommendations 
to the President through the Director of the Office of 
Management and Budget whenever action is appropriate under 
Section 827 of the Act (22 U.S.C. 4067) to maintain existing 
conformity between the Civil Service Retirement and Disability 
System and the Foreign Service Retirement and Disability 
System.
    Sec. 4. In accord with Section 402 of the Act (22 U.S.C. 
3962), there are established the following salary classes with 
titles for the Senior Foreign Service (SFS), at basic rates of 
pay equivalent to that established from time to time for the 
Senior Executive Service (ES) under Section 5382 of Title 5 of 
the United States Code.

Career Minister

    (a) Basic rate of pay equivalent to ES 6.

Minister-Counselor

    (a) Basic rate of pay equivalent to ES 6, or
    (b) Basic rate of pay equivalent to ES 5, or
    (c) Basic rate of pay equivalent to ES 4.

Counselor

    (a) Basic rate of pay equivalent to ES 6, or
    (b) Basic rate of pay equivalent to ES 5, or
    (c) Basic rate of pay equivalent to ES 4, or
    (d) Basic rate of pay equivalent to ES 3, or
    (e) Basic rate of pay equivalent to ES 2, or
    (f) Basic rate of pay equivalent to ES 1.
    Sec. 5. There is hereby delegated to the Secretary of 
State, without further action by the President, the authority 
vested in the President by Section 2107 of the Act to the 
extent necessary to implement the provisions of Section 2101 of 
the Act, relating to pay and benefits pending conversion.
    Sec. 6. (a) Pursuant to Section 211 of the Act (22 U.S.C. 
3931), there is established in the Department of State the 
Board of Examiners for the Foreign Service.
    (b) The Board shall be appointed by, and in accordance with 
regulations prescribed by, the Secretary of State, except that 
not less than five shall be career members of the Foreign 
Service and not less than seven shall be appointed as follows:
          (1) not less than five shall be appointed by the 
        heads of the agencies utilizing the Foreign Service 
        personnel system;
          (2) not less than one shall be a representative 
        appointed by the Director of the Office of Personnel 
        Management; and
          (3) not less than one shall be a representative 
        appointed by the Secretary of Labor.
    (c) The Secretary of State shall designate from among the 
members of the Board a Chairman who is a member of the Service.
    (d) The Secretary of State shall provide all necessary 
administrative services and facilities for the Board.
    Sec. 7. For the purpose of ensuring the accuracy of 
information used in the administration of the Foreign Service 
Retirement and Disability System, the Secretary of State may 
request from the Secretary of Defense and the Administrator of 
Veterans Affairs such information as the Secretary deems 
necessary. To the extent permitted by law: (a) The Secretary of 
Defense shall provide information on retired or retainer pay 
provided under Title 10, United States Code; and, (b) the 
Administrator of Veterans Affairs shall provide information on 
pensions or compensation provided under Title 38 of the United 
States Code. The Secretary, in consultation with the officials 
from whom information is requested, shall ensure that 
information made available under this Order is used only for 
the purpose authorized.
    Sec. 8. The first seven Sections of this Order shall be 
effective as of February 15, 1981.
    Sec. 9.\4\ (a) Pursuant to Section 210 of the Act there is 
established in the Department of State the Board of the Foreign 
Service (22 U.S.C. 3930).
---------------------------------------------------------------------------
    \4\ Secs. 9 and 10 were added by Executive Order 12363. Executive 
Order 12536 revoked sec. 9(e) and redesignated sec. 9(j) as 9(e). Sec. 
9(e) previously read as follows:
    ``(e) The Secretary of State shall designate a Chairman of the 
Board from among those members who are career members of the Senior 
Foreign Service.''.
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    (b) The Board shall be composed of the designated number of 
representatives of the heads of the following agencies:
          (1) Department of State, four members, at least three 
        of whom must be career members of the Senior Foreign 
        Service;
          (2) United States Information Agency,\5\ two members, 
        one of whom must be a career member of the Senior 
        Foreign Service;
---------------------------------------------------------------------------
    \5\ The reference to the United States Information Agency was 
substituted in lieu of a reference to the International Communication 
Agency by sec. 5 of Executive Order 12388.
---------------------------------------------------------------------------
          (3) United States Agency for International 
        Development,\6\ two members, one of whom must be a 
        career member of the Senior Foreign Service;
---------------------------------------------------------------------------
    \6\ Sec. 10(4)(B) of Executive Order 13118 struck out ``United 
States International Development Cooperation Agency'' and inserted in 
lieu thereof ``United States Agency for International Development''.
---------------------------------------------------------------------------
          (4) Department of Agriculture, two members, one of 
        whom must be a career member of the Senior Foreign 
        Service;
          (5) Department of Commerce, two members, one of whom 
        must be a career member of the Senior Foreign Service;
          (6) Department of Labor, one member;
          (7) Office of Personnel Management, one member;
          (8) Office of Management and Budget, one member; and,
          (9) Equal Employment Opportunity Commission, one 
        member;
    (c) The membership of the Board shall be selected from 
among officials who are knowledgeable in matters concerning the 
management of the Foreign Service. Except for the career 
members of the Senior Foreign Service from the Department of 
Agriculture, the Department of Commerce, the United States 
Information Agency,\5\ and the United States Agency for 
International Development,\6\ the members of the Board shall be 
selected from among those who have the rank of Assistant 
Secretary or higher or a position of comparable responsibility.
    (d) The Secretary of State may from time to time request 
the heads of other agencies to designate representatives to 
participate in the functions of the Board on a regular or 
occasional basis.
    (e) The Secretary of State shall provide all necessary 
administrative services and facilities for the Board.
    Sec. 10. Pursuant to section 202(a)(2)(B) and (a)(3)(B) of 
the Act (22 U.S.C. 3922(a)(2)(B), (a)(3)(B)), it is hereby 
determined to be necessary, in order to enable the Department 
of Agriculture and the Department of Commerce to carry out 
functions which require service abroad, for the respective 
Secretaries, in consultation with the Office of Personnel 
Management and the Office of Management and Budget, to be able 
to utilize the Foreign Service personnel system with respect to 
personnel of the following:
    (a) The Animal and Plant Health Inspection Service of the 
Department of Agriculture, not to exceed 125 positions, without 
the prior approval of the Director of the Office of Personnel 
Management;
    (b) The United States Travel and Tourism Administration, 
and the International Trade Administration of the Department of 
Commerce, not to exceed 30 positions without the prior approval 
of the Director of the Office of Personnel Management, and 
providing that assignments to such positions be administered 
consistent with policies of the Foreign Commercial Service 
established under Executive Order No. 12188.
    g. Designation of Certain Officers To Act as Secretary of State

 Executive Order 12343; January 27, 1982; 47 F.R. 4225; 5 U.S.C. 3347 
                                  note

    By the authority vested in me as President of the United 
States of America by Section 3347 of Title 5 and Section 301 of 
Title 3 of the United States Code, it is hereby ordered as 
follows:
    Section 1. During any period when, by reason of absence, 
disability, or vacancy in office, neither the Secretary of 
State nor the Deputy Secretary of State, is available to 
exercise the powers or perform the duties of the Office of the 
Secretary, an officer from the Department of State who has been 
appointed by the President, by and with the advice and consent 
of the Senate, in such order as the Secretary of State may from 
time to time prescribe, shall act as Secretary. If no such 
order of succession is in effect at that time, then such 
officers shall act as Secretary in descending order of rank, as 
established by the listing of their offices in Sections 5314 or 
5315 of Title 5 of the United States Code, and at each level of 
the Executive Schedule in the order in which they shall have 
taken the oath as such officers.
    Sec. 2. The President may at any time, pursuant to law but 
without regard to the foregoing provisions of this Order, 
direct that an officer specified by the President shall act as 
Secretary of State.
    Sec. 3. Executive Order No. 10839 is revoked.
    h. Interdepartmental Operations of the U.S. Government Overseas

           (1) Foreign Intelligence Surveillance Act of 1978

Public Law 95-511 [S. 1566], 92 Stat. 1783, approved October 25, 1978; 
 as amended by Public Law 103-359 [Intelligence Authorization Act for 
  Fiscal Year 1995; H.R. 4299], 108 Stat. 3423, approved October 14, 
  1994; Public Law 105-272 [Intelligence Authorization Act for Fiscal 
   Year 1999; H.R. 3694], 112 Stat. 2396, approved October 20, 1998; 
  Public Law 106-120 [Intelligence Authorization Act for Fiscal Year 
  2000; H.R. 1555], 113 Stat. 1606, approved December 3, 1999; and by 
  Public Law 106-567 [Intelligence Authorization Act for Fiscal Year 
      2001; H.R. 5630], 114 Stat. 2831, approved December 27, 2000

     AN ACT To authorize electronic surveillance to obtain foreign 
                       intelligence information.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Intelligence Surveillance Act 
of 1978''.\1\
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1801 note.
---------------------------------------------------------------------------

                           table of contents

          * * * * * * *

 TITLE I--ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN 
                         INTELLIGENCE PURPOSES

                              definitions

    Sec. 101. As used in this title:
          (a) ``Foreign power'' means--
                  (1) a foreign government or any component 
                thereof, whether or not recognized by the 
                United States;
                  (2) a faction of a foreign nation or nations, 
                not substantially composed of United States 
                persons;
                  (3) an entity that is openly acknowledged by 
                a foreign government or governments to be 
                directed and controlled by such foreign 
                government or governments;
                  (4) a group engaged in international 
                terrorism \2\ or activities in preparation 
                therefor;
---------------------------------------------------------------------------
    \2\ Note use of the term ``terrorism'' as defined in sec. 101(c) 
for purposes of this title. The term ``terrorism'' appears in the title 
in sec. 101(a)(4).
---------------------------------------------------------------------------
                  (5) a foreign-based political organization, 
                not substantially composed of United States 
                persons; or
                  (6) an entity that is directed and controlled 
                by a foreign government or governments.
          (b) ``Agent of a foreign power'' means--
                  (1) any person other than a United States 
                person, who--
                          (A) acts in the United States as an 
                        officer or employee of a foreign power, 
                        or as a member of a foreign power as 
                        defined in subsection (a)(4);
                          (B) acts for or on behalf of a 
                        foreign power which engages in 
                        clandestine intelligence activities in 
                        the United States contrary to the 
                        interests of the United States, when 
                        the circumstances of such person's 
                        presence in the United States indicate 
                        that such person may engage in such 
                        activities in the United States, or 
                        when such person knowingly aids or 
                        abets any person in the conduct of such 
                        activities or knowingly conspires with 
                        any person to engage in such 
                        activities; or
                  (2) any person who--
                          (A) knowingly engages in clandestine 
                        intelligence gathering activities for 
                        or on behalf of a foreign power, which 
                        activities involve or may involve a 
                        violation of the criminal statutes of 
                        the United States;
                          (B) pursuant to the direction of an 
                        intelligence service or network of a 
                        foreign power, knowingly engages in any 
                        other clandestine intelligence 
                        activities for or on behalf of such 
                        foreign power, which activities involve 
                        or are about to involve a violation of 
                        the criminal statutes of the United 
                        States;
                          (C) knowingly engages in sabotage or 
                        international terrorism, or activities 
                        that are in preparation therefor, or on 
                        behalf of a foreign power,\3\
---------------------------------------------------------------------------
    \3\ Sec. 601 of Public Law 106-120 (113 Stat. 1619) struck out 
``or'' at the end of subpara. (C); redesignated subpara. (D) as 
subpara. (E); and added a new subpara. (D).
---------------------------------------------------------------------------
                          (D) \3\ knowingly enters the United 
                        States under a false or fraudulent 
                        identity for or on behalf of a foreign 
                        power or, while in the United States, 
                        knowingly assumes a false or fraudulent 
                        identity for or on behalf of a foreign 
                        power; or
                          (E) \3\ knowingly aids or abets any 
                        person in the conduct of activities 
                        described in subparagraph (A), (B), or 
                        (C) or knowingly conspires with any 
                        person to engage in activities 
                        described in subparagraph (A),(B), or 
                        (C).
          (c) ``International terrorism'' means \2\ activities 
        that--
                  (1) involve violent acts or acts dangerous to 
                human life that are a violation of the criminal 
                laws of the United States or of any State, or 
                that would be a criminal violation if committed 
                within the jurisdiction of the United States or 
                any State;
                  (2) appear to be intended--
                          (A) to intimidate or coerce a 
                        civilian population;
                          (B) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (C) to effect the conduct of a 
                        government by assassination or 
                        kidnapping; and
                  (3) occur totally outside the United States, 
                or transcend national boundaries in terms of 
                the means by which they are accomplished, the 
                persons they appear intended to coerce or 
                intimidate, or the locale in which their 
                perpetrators operate or seek asylum.
          (d) ``Sabotage'' means activities that involve a 
        violation of chapter 105 of title 18, United States 
        Code, or that would involve such a violation if 
        committed against the United States.
          (e) ``Foreign intelligence information'' means--
                  (1) information that relates to, and if 
                concerning a United States person is necessary 
                to, the ability of the United States to protect 
                against--
                          (A) actual or potential attack or 
                        other grave hostile acts of a foreign 
                        power or an agent of a foreign power;
                          (B) sabotage or international 
                        terrorism by a foreign power or an 
                        agent of a foreign power; or
                          (C) clandestine intelligence 
                        activities by an intelligence service 
                        or network of a foreign power or by an 
                        agent of a foreign power; or
                  (2) information with respect to a foreign 
                power or foreign territory that relates to, and 
                if concerning a United States person is 
                necessary to--
                          (A) the national defense or the 
                        security of the United States; or
                          (B) the conduct of the foreign 
                        affairs of the United States.
          (f) ``Electronic surveillance'' means--
                  (1) the acquisition by an electronic, 
                mechanical, or other surveillance device of the 
                contents of any wire or radio communication 
                sent by or intended to be received by a 
                particular, known United States person who is 
                in the United States, if the contents are 
                acquired by intentionally targeting that United 
                States person, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purposes;
                  (2) the acquisition by an electronic, 
                mechanical, or other surveillance device of the 
                contents of any wire communication to or from a 
                person in the United States, without the 
                consent of any party thereto, if such 
                acquisition occurs in the United States;
                  (3) the intentional acquisition by an 
                electronic, mechanical, or other surveillance 
                device of the contents of any radio 
                communication, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purpose, and if both the sender and 
                all intended recipients are located without the 
                United States; or
                  (4) the installation or use of an electronic, 
                mechanical, or other surveillance device in the 
                United States for monitoring to acquire 
                information, other than from a wire or radio 
                communication, under circumstances in which a 
                person has a reasonable expectation of privacy 
                and a warrant would be required for law 
                enforcement purposes.
          (g) ``Attorney General'' means the Attorney General 
        of the United States (or Acting Attorney General) or 
        the Deputy Attorney General.
          (h) ``Minimization procedures'', with respect to 
        electronic surveillance, means--
                  (1) specific procedures, which shall be 
                adopted by the Attorney General, that are 
                reasonably designed in light of the purpose and 
                technique of the particular surveillance, to 
                minimize the acquisition and retention, and 
                prohibit the dissemination, of nonpublicly 
                available information concerning unconsenting 
                United States persons consistent with the need 
                of the United States to obtain, produce, and 
                disseminate foreign intelligence information;
                  (2) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information, as defined in 
                subsection (e)(1), shall not be disseminated in 
                a manner that identifies any United States 
                person, without such person's consent, unless 
                such person's identity is necessary to 
                understand foreign intelligence information or 
                assess its importance;
                  (3) notwithstanding paragraphs (1) and (2), 
                procedures that allow for the retention and 
                dissemination of information that is evidence 
                of a crime which has been, is being, or is 
                about to be committed and that is to be 
                retained or disseminated for law enforcement 
                purposes; and
                  (4) notwithstanding paragraphs (1), (2), and 
                (3), with respect to any electronic 
                surveillance approved pursuant to section 
                102(a), procedures that require that no 
                contents of any communication to which a United 
                States person is a party shall be disclosed, 
                disseminated, or used for any purpose or 
                retained for longer than twenty-four hours 
                unless a court order under section 105 is 
                obtained or unless the Attorney General 
                determines that the information indicates a 
                threat of death or serious bodily harm to any 
                person.
          (i) ``United States person'' means a citizen of the 
        United States, an alien lawfully admitted for permanent 
        residence (as defined in section 101(a)(20) of the 
        Immigration and Nationality Act), an unincorporated 
        association a substantial number of members of which 
        are citizens of the United States or aliens lawfully 
        admitted for permanent residence, or a corporation 
        which is incorporated in the United States, but does 
        not include a corporation or an association which is a 
        foreign power, as defined in subsection (a)(1), (2), or 
        (3).
          (j) ``United States'', when used in a geographic 
        sense, means all areas under the territorial 
        sovereignty of the United States and the Trust 
        Territory of the Pacific Islands.
          (k) ``Aggrieved person'' means a person who is the 
        target of an electronic surveillance or any other 
        person whose communications or activities were subject 
        to electronic surveillance.
          (l) ``Wire communication'' means any communication 
        while it is being carried by a wire, cable, or other 
        like connection furnished or operated by any person 
        engaged as a common carrier in providing or operating 
        such facilities for the transmission of interstate or 
        foreign communications.
          (m) ``Person'' means any individual, including any 
        officer or employee of the Federal Government, or any 
        group, entity, association, corporation, or foreign 
        power.
          (n) ``Contents'', when used with respect to a 
        communication, includes any information concerning the 
        identify of the parties to such communication or the 
        existence, substance, purport, or meaning of that 
        communication.
          (o) ``State'' means any State of the United States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Trust Territory of the Pacific Islands, and 
        any territory or possession of the United States.

  authorization for electronic surveillance for foreign intelligence 
                                purposes

    Sec. 102.\4\ (a)(1) Notwithstanding any other law, the 
President, through the Attorney General, may authorize 
electronic surveillance without a court order under this title 
to acquire foreign intelligence information for periods of up 
to one year if the Attorney General certifies in writing under 
oath that--
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    \4\ 50 U.S.C. 1802.
---------------------------------------------------------------------------
          (A) the electronic surveillance is solely directed 
        at--
                  (i) the acquisition of the contents of 
                communications transmitted by means of 
                communications used exclusively between or 
                among foreign powers, as defined in section 
                101(a)(1), (2), or (3); or
                  (ii) the acquisition of technical 
                intelligence, other than the spoken 
                communications of individuals, from property or 
                premises under the open and exclusive control 
                of a foreign power, as defined in section 
                101(a)(1), (2), or (3);
          (B) there is no substantial likelihood that the 
        surveillance will acquire the contents of any 
        communication to which a United States person is a 
        party; and
          (C) the proposed minimization procedures with respect 
        to such surveillance meet the definition of 
        minimization procedures under section 101(h); and
if the Attorney General reports such minimization procedures 
and any changes thereto to the House Permanent Select Committee 
on Intelligence and the Senate Select Committee on Intelligence 
at least thirty days prior to their effective date, unless the 
Attorney General determines immediate action is required and 
notifies the committees immediately of such minimization 
procedures and the reason for their becoming effective 
immediately.
    (2) An electronic surveillance authorized by this 
subsection may be conducted only in accordance with the 
Attorney General's certification and the minimization 
procedures adopted by him. The Attorney General shall assess 
compliance with such procedures and shall report such 
assessments to the House Permanent Select Committee on 
Intelligence and the Senate Select Committee on Intelligence 
under the provisions of section 108(a).
    (3) The Attorney General shall immediately transmit under 
seal to the court established under section 103(a) a copy of 
his certification. Such certification shall be maintained under 
security measures established by the Chief Justice with the 
concurrence of the Attorney General, in consultation with the 
Director of Central Intelligence, and shall remain sealed 
unless--
          (A) an application for a court order with respect to 
        the surveillance is made under sections 101(h)(4) and 
        104; or
          (B) the certification is necessary to determine the 
        legality of the surveillance under section 106(f).
    (4) With respect to electronic surveillance authorized by 
this subsection, the Attorney General may direct a specified 
communication common carrier to--
          (A) furnish all information, facilities, or technical 
        assistance necessary to accomplish the electronic 
        surveillance in such a manner as will protect its 
        secrecy and produce a minimum of interference with the 
        services that such carrier is providing its customers; 
        and
          (B) maintain under security procedures approved by 
        the Attorney General and the Director of Central 
        Intelligence any records concerning the surveillance or 
        the aid furnished which such carrier wishes to retain.
The Government shall compensate, at the prevailing rate, such 
carrier for furnishing such aid.
    (b) Applications for a court order under this title are 
authorized if the President has, by written authorization, 
empowered the Attorney General to approve applications to the 
court having jurisdiction under section 103, and a judge to 
whom an application is made may, notwithstanding any other law, 
grant an order, in conformity with section 105, approving 
electronic surveillance of a foreign power or an agent of a 
foreign power for the purpose of obtaining foreign intelligence 
information, except that the court shall not have jurisdiction 
to grant any order approving electronic surveillance directed 
solely as described in paragraph (1)(A) of subsection (a) 
unless such surveillance may involve the acquisition of 
communications of any United States person.

                         designation of judges

    Sec. 103.\5\ (a) The Chief Justice of the United States 
shall publicly designate seven district court judges from seven 
of the United States judicial circuits who shall constitute a 
court which shall have jurisdiction to hear applications for 
and grant orders approving electronic surveillance anywhere 
within the United States under the procedures set forth in this 
Act, except that no judge designated under this subsection 
shall hear the same application for electronic surveillance 
under this Act which has been denied previously by another 
judge designated under this subsection. If any judge so 
designated denies an application for an order authorizing 
electronic surveillance under this Act, such judge shall 
provide immediately for the record a written statement of each 
reason for his decision and, on motion of the United States, 
the record shall be transmitted, under seal, to the court of 
review established in subsection (b).
---------------------------------------------------------------------------
    \5\ 50 U.S.C. 1803.
---------------------------------------------------------------------------
    (b) The Chief Justice shall publicly designate three 
judges, one of whom shall be publicly designated as the 
presiding judge, from the United States district courts or 
courts of appeals who together shall comprise a court of review 
which shall have jurisdiction to review the denial of any 
application made under this Act. If such court determines that 
the application was properly denied, the court shall 
immediately provide for the record a written statement of each 
reason for its decision and, on petition of the United States 
for a writ of certiorari, the record shall be transmitted under 
seal to the Supreme Court, which shall have jurisdiction to 
review such decision.
    (c) Proceedings under this Act shall be conducted as 
expeditiously as possible. The record of proceedings under this 
Act, including applications made and orders granted, shall be 
maintained under security measures established by the Chief 
Justice in consultation with the Attorney General and the 
Director of Central Intelligence.
    (d) Each judge designated under this section shall so serve 
for a maximum of seven years and shall not be eligible for 
redesignation, except that the judges first designated under 
subsection (a) shall be designated for terms of from one to 
seven years so that one term expires each year, and that judges 
first designated under subsection (b) shall be designated for 
terms of three, five, and seven years.

                        application for an order

    Sec. 104.\6\ (a) Each application for an order approving 
electronic surveillance under this title shall be made by a 
Federal officer in writing upon oath or affirmation to a judge 
having jurisdiction under section 103. Each application shall 
require the approval of the Attorney General based upon his 
finding that it satisfies the criteria and requirements of such 
application as set forth in this title. It shall include--
---------------------------------------------------------------------------
    \6\ 50 U.S.C. 1804.
---------------------------------------------------------------------------
          (1) the identity of the Federal officer making the 
        application;
          (2) the authority conferred on the Attorney General 
        by the President of the United States and the approval 
        of the Attorney General to make the application;
          (3) the identity, if known, or a description of the 
        target of the electronic surveillance;
          (4) a statement of the facts and circumstances relied 
        upon by the applicant to justify his belief that--
                  (A) the target of the electronic surveillance 
                is a foreign power or an agent of a foreign 
                power; and
                  (B) each of the facilities or places at which 
                the electronic surveillance is directed is 
                being used, or is about to be used, by a 
                foreign power or an agent of a foreign power;
          (5) a statement of the proposed minimization 
        procedures;
          (6) a detailed description of the nature of the 
        information sought and the type of communications or 
        activities to be subjected to the surveillance;
          (7) a certification or certifications by the 
        Assistant to the President for National Security 
        Affairs or an executive branch official or officials 
        designated by the President from among those executive 
        officers employed in the area of national security or 
        defense and appointed by the President with the advice 
        and consent of the Senate--
                  (A) that the certifying official deems the 
                information sought to be foreign intelligence 
                information;
                  (B) that the purpose of the surveillance is 
                to obtain foreign intelligence information;
                  (C) that such information cannot reasonably 
                be obtained by normal investigative techniques;
                  (D) that designates the type of foreign 
                intelligence information being sought according 
                to the categories described in section 101(e); 
                and
                  (E) including a statement of the basis for 
                the certification that--
                          (i) the information sought is the 
                        type of foreign intelligence 
                        information designated; and
                          (ii) such information cannot 
                        reasonably be obtained by normal 
                        investigative techniques;
          (8) a statement of the means by which the 
        surveillance will be effected and a statement whether 
        physical entry is required to effect the surveillance;
          (9) a statement of the facts concerning all previous 
        applications that have been made to any judge under 
        this title involving any of the persons, facilities, or 
        places specified in the application, and the action 
        taken on each previous application;
          (10) a statement of the period of time for which the 
        electronic surveillance is required to be maintained, 
        and if the nature of the intelligence gathering is such 
        that the approval of the use of electronic surveillance 
        under this title should not automatically terminate 
        when the described type of information has first been 
        obtained, a description of facts supporting the belief 
        that additional information of the same type will be 
        obtained thereafter, and
          (11) whenever more than one electronic, mechanical or 
        other surveillance device is to be used with respect to 
        a particular proposed electronic surveillance, the 
        coverage of the devices involved and what minimization 
        procedures apply to information acquired by each 
        device.
    (b) Whenever the target of the electronic surveillance is a 
foreign power, as defined in section 101(a)(1), (2), or (3), 
and each of the facilities or places at which the surveillance 
is directed is owned, leased, or exclusively used by that 
foreign power, the application need not contain the information 
required by paragraphs (6), (7)(E), (8), and (11) of subsection 
(a), but shall state whether physical entry is required to 
effect the surveillance and shall contain such information 
about the surveillance techniques and communications or other 
information concerning United States persons likely to be 
obtained as may be necessary to assess the proposed 
minimization procedures.
    (c) The Attorney General may require any other affidavit or 
certification from any other officer in connection with the 
application.
    (d) The judge may require the applicant to furnish such 
other information as may be necessary to make the 
determinations required by section 105.
    (e) \7\ (1)(A) Upon written request of the Director of the 
Federal Bureau of Investigation, the Secretary of Defense, the 
Secretary of State, or the Director of Central Intelligence, 
the Attorney General shall personally review under subsection 
(a) an application under that subsection for a target described 
in section 101(b)(2).
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    \7\ Sec. 602(a) of the Counterintelligence Reform Act of 2000 
(title VI of Public Law 106-567; 114 Stat. 2851) added subsec. (e).
---------------------------------------------------------------------------
    (B) Except when disabled or otherwise unavailable to make a 
request referred to in subparagraph (A), an official referred 
to in that subparagraph may not delegate the authority to make 
a request referred to in that subparagraph.
    (C) Each official referred to in subparagraph (A) with 
authority to make a request under that subparagraph shall take 
appropriate actions in advance to ensure that delegation of 
such authority is clearly established in the event such 
official is disabled or otherwise unavailable to make such 
request.
    (2)(A) If as a result of a request under paragraph (1) the 
Attorney General determines not to approve an application under 
the second sentence of subsection (a) for purposes of making 
the application under this section, the Attorney General shall 
provide written notice of the determination to the official 
making the request for the review of the application under that 
paragraph. Except when disabled or otherwise unavailable to 
make a determination under the preceding sentence, the Attorney 
General may not delegate the responsibility to make a 
determination under that sentence. The Attorney General shall 
take appropriate actions in advance to ensure that delegation 
of such responsibility is clearly established in the event the 
Attorney General is disabled or otherwise unavailable to make 
such determination.
    (B) Notice with respect to an application under 
subparagraph (A) shall set forth the modifications, if any, of 
the application that are necessary in order for the Attorney 
General to approve the application under the second sentence of 
subsection (a) for purposes of making the application under 
this section.
    (C) Upon review of any modifications of an application set 
forth under subparagraph (B), the official notified of the 
modifications under this paragraph shall modify the application 
if such official determines that such modification is 
warranted. Such official shall supervise the making of any 
modification under this subparagraph. Except when disabled or 
otherwise unavailable to supervise the making of any 
modification under the preceding sentence, such official may 
not delegate the responsibility to supervise the making of any 
modification under that preceding sentence. Each such official 
shall take appropriate actions in advance to ensure that 
delegation of such responsibility is clearly established in the 
event such official is disabled or otherwise unavailable to 
supervise the making of such modification.

                          issuance of an order

    Sec. 105.\8\ (a) Upon an application made pursuant to 
section 104, the judge shall enter an ex parte order as 
requested or as modified approving the electronic surveillance 
if he finds that--
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 1805.
---------------------------------------------------------------------------
          (1) the President has authorized the Attorney General 
        to approve applications for electronic surveillance for 
        foreign intelligence information;
          (2) the application has been made by a Federal 
        officer and approved by the Attorney General;
          (3) on the basis of the facts submitted by the 
        applicant there is probable cause to believe that--
                  (A) the target of the electronic surveillance 
                is a foreign power or an agent of a foreign 
                power: Provided, That no United States person 
                may be considered a foreign power or an agent 
                of a foreign power solely upon the basis of 
                activities protected by the first amendment to 
                the Constitution of the United States; and
                  (B) each of the facilities or places at which 
                the electronic surveillance is directed is 
                being used, or is about to be used, by a 
                foreign power or an agent of a foreign power;
          (4) the proposed minimization procedures meet the 
        definition of minimization procedures under section 
        101(h); and
          (5) the application which has been filed contains all 
        statements and certifications required by section 104 
        and, if the target is a United States person, the 
        certification or certifications are not clearly 
        erroneous on the basis of the statement made under 
        section 104(a)(7)(E) and any other information 
        furnished under section 104(d).
    (b) \9\ In determining whether or not probable cause exists 
for purposes of an order under subsection (a)(3), a judge may 
consider past activities of the target, as well as facts and 
circumstances relating to current or future activities of the 
target.
---------------------------------------------------------------------------
    \9\ Sec. 602(b) of the Counterintelligence Reform Act of 2000 
(title VI of Public Law 106(567; 114 Stat. 2581) redesignated former 
subsecs. (b) through (g) as subsecs. (c) through (h), respectively, and 
added a new subsec. (b).
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    (c) \9\ An order approving an electronic surveillance under 
this section shall--
          (1) specify--
                  (A) the identity, if known, or a description 
                of the target of the electronic surveillance;
                  (B) the nature and location of each of the 
                facilities or places at which the electronic 
                surveillance will be directed;
                  (C) the type of information sought to be 
                acquired and the type of communications or 
                activities to be subjected to the surveillance;
                  (D) the means by which the electronic 
                surveillance will be effected and whether 
                physical entry will be used to effect the 
                surveillance;
                  (E) the period of time during which the 
                electronic surveillance is approved; and
                  (F) whenever more than one electronic, 
                mechanical, or other surveillance device is to 
                be used under the order, the authorized 
                coverage of the devices involved and what 
                minimization procedures shall apply to 
                information subject to acquisition by each 
                device; and
          (2) direct--
                  (A) that the minimization procedures be 
                followed;
                  (B) that, upon the request of the applicant, 
                a specified communication or other common 
                carrier, landlord, custodian, or other 
                specified person furnish the applicant 
                forthwith all information, facilities, or 
                technical assistance necessary to accomplish 
                the electronic surveillance in such a manner as 
                will protect its secrecy and produce a minimum 
                of interference with the services that such 
                carrier, landlord, custodian, or other person 
                is providing that target of electronic 
                surveillance;
                  (C) that such carrier, landlord, custodian, 
                or other person maintain under security 
                procedures approved by the Attorney General and 
                the Director of Central Intelligence any 
                records concerning the surveillance or the aid 
                furnished that such person wishes to retain; 
                and
                  (D) that the applicant compensate, at the 
                prevailing rate, such carrier, landlord, 
                custodian, or other person for furnishing such 
                aid.
    (d) \9\ Whenever the target of the electronic surveillance 
is a foreign power, as defined in section 101(a)(1), (2), or 
(3), and each of the facilities or places at which the 
surveillance is directed is owned, leased, or exclusively used 
by that foreign power, the order need not contain the 
information required by subparagraphs (C), (D), and (F) of 
subsection (c)(1),\10\ but shall generally describe the 
information sought, the communications or activities to be 
subjected to the surveillance, and the type of electronic 
surveillance involved, including whether physical entry is 
required.
---------------------------------------------------------------------------
    \10\ Sec. 602(b)(3) of the Counterintelligence Reform Act of 2000 
(title VI of Public Law 106-567; 114 Stat. 2852) struck out 
``subsection (b)(1)'' and inserted in lieu thereof ``subsection 
(c)(1)''.
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    (e) \9\ (1) An order issued under this section may approve 
an electronic surveillance for the period necessary to achieve 
its purpose, or for ninety days, whichever is less, except that 
an order under this section shall approve an electronic 
surveillance targeted against a foreign power, as defined in 
section 101(a)(1), (2), or (3), for the period specified in the 
application or for one year, whichever is less.
    (2) Extensions of an order issued under this title may be 
granted on the same basis as an original order upon an 
application for an extension and new findings made in the same 
manner as required for an original order, except that an 
extension of an order under this Act for a surveillance 
targeted against a foreign power, as defined in section 
101(a)(5) or (6), or against a foreign power as defined in 
section 101(a)(4) that is not a United States person, may be 
for a period not to exceed one year if the judge finds probable 
cause to believe that no communication of any individual United 
States person will be acquired during the period.
    (3) At or before the end of the period of time for which 
electronic surveillance is approved by an order or an 
extension, the judge may assess compliance with the 
minimization procedures by reviewing circumstances under which 
information concerning United States persons was acquired, 
retained, or disseminated.
    (f) \9\ Notwithstanding any other provision of this title, 
when the Attorney General reasonably determines that--
          (1) an emergency situation exists with respect to the 
        employment of electronic surveillance to obtain foreign 
        intelligence information before an order authorizing 
        such surveillance can with due diligence be obtained; 
        and
          (2) the factual basis for issuance of an order under 
        this title to approve such surveillance exists;
he may authorize the emergency employment of electronic 
surveillance if a judge having jurisdiction under section 103 
is informed by the Attorney General or his designee at the time 
of such authorization that the decision has been made to employ 
emergency electronic surveillance and if an application in 
accordance with this title is made to that judge as soon as 
practicable, but not more than twenty-four hours after the 
Attorney General authorizes such surveillance. If the Attorney 
General authorizes such emergency employment of electronic 
surveillance, he shall require that the minimization procedures 
required by this title for the issuance of a judicial order be 
followed. In the absence of a judicial order approving such 
electronic surveillance, the surveillance shall terminate when 
the information sought is obtained, when the application for 
the order is denied, or after the expiration of twenty-four 
hours from the time of authorization by the Attorney General, 
whichever is earliest. In the event that such application for 
approval is denied, or in any other case where the electronic 
surveillance is terminated and no order is issued approving the 
surveillance, no information obtained or evidence derived from 
such surveillance shall be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or 
before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority of 
the United States, a State, or political subdivision thereof, 
and no information concerning any United States person acquired 
from such surveillance shall subsequently be used or disclosed 
in any other manner by Federal officers or employees without 
the consent of such person, except with the approval of the 
Attorney General if the information indicates a threat of death 
or serious bodily harm to any person. A denial of the 
application made under this subsection may be reviewed as 
provided in section 103.
    (g) \9\ Notwithstanding any other provision of this title, 
officers, employees, or agents of the United States are 
authorized in the normal course of their official duties to 
conduct electronic surveillance not targeted against the 
communications of any particular person or persons, under 
procedures approved by the Attorney General, solely to--
          (1) test the capability of electronic equipment, if--
                  (A) it is not reasonable to obtain the 
                consent of the persons incidentally subjected 
                to the surveillance;
                  (B) the test is limited in extent and 
                duration to that necessary to determine the 
                capability of the equipment;
                  (C) the contents of any communication 
                acquired are retained and used only for the 
                purpose of determining the capability of the 
                equipment, are disclosed only to test 
                personnel, and are destroyed before or 
                immediately upon completion of the test; and:
                  (D) Provided, That the test may exceed ninety 
                days only with the prior approval of the 
                Attorney General;
          (2) determine the existence and capability of 
        electronic surveillance equipment being used by persons 
        not authorized to conduct electronic surveillance, if--
                  (A) it is not reasonable to obtain the 
                consent of persons incidentally subjected to 
                the surveillance;
                  (B) such electronic surveillance is limited 
                in extent and duration to that necessary to 
                determine the existence and capability of such 
                equipment; and
                  (C) any information acquired by such 
                surveillance is used only to enforce chapter 
                119 of title 18, United States Code, or section 
                605 of the Communications Act of 1934, or to 
                protect information from unauthorized 
                surveillance; or
          (3) train intelligence personnel in the use of 
        electronic surveillance equipment, if--
                  (A) it is not reasonable to--
                          (i) obtain the consent of the persons 
                        incidentally subjected to the 
                        surveillance;
                          (ii) train persons in the course of 
                        surveillance otherwise authorized by 
                        this title; or
                          (iii) train persons in the use of 
                        such equipment without engaging in 
                        electronic surveillance;
                  (B) such electronic surveillance is limited 
                in extent and duration to that necessary to 
                train the personnel in the use of the 
                equipment; and
                  (C) no contents of any communication acquired 
                are retained or disseminated for any purpose, 
                but are destroyed as soon as reasonably 
                possible.
    (h) \9\ Certifications made by the Attorney General 
pursuant to section 102(a) and applications made and orders 
granted under this title shall be retained for a period of at 
least ten years from the date of the certification or 
application.

                           use of information

    Sec. 106.\11\ (a) Information acquired from an electronic 
surveillance conducted pursuant to this title concerning any 
United States person may be used and disclosed by Federal 
officers and employees without the consent of the United States 
person only in accordance with the minimization procedures 
required by this title. No otherwise privileged communication 
obtained in accordance with, or in violation of, the provisions 
of this title shall lose its privileged character. No 
information acquired from an electronic surveillance pursuant 
to this title may be used or disclosed by Federal officers or 
employees except for lawful purposes.
---------------------------------------------------------------------------
    \11\ 50 U.S.C. 1806.
    Sec. 604(b) of the Counterintelligence Reform Act of 2000 (title VI 
of Public Law 106-567; 114 Stat. 2853) provided the following:
    ``(b) Report on Mechanisms for Determinations of Disclosure of 
Information for Law Enforcement Purposes.--(1) The Attorney General 
shall submit to the appropriate committees of Congress a report on the 
authorities and procedures utilized by the Department of Justice for 
determining whether or not to disclose information acquired under the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
for law enforcement purposes.
    ``(2) In this subsection, the term `appropriate committees of 
Congress' means the following:
---------------------------------------------------------------------------

          ``(A) The Select Committee on Intelligence and the Committee 
        on the Judiciary of the Senate.
          ``(B) The Permanent Select Committee on Intelligence and the 
        Committee on the Judiciary of the House of Representatives.''.
    (b) No information acquired pursuant to this title shall be 
disclosed for law enforcement purposes unless such disclosure 
is accompanied by a statement that such information, or any 
information derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the Attorney 
General.
    (c) Whenever the Government intends to enter into evidence 
or otherwise use or disclose in any trial, hearing, or other 
proceeding in or before any court, department, officer, agency, 
regulatory body, or other authority of the United States, 
against an aggrieved person, any information obtained or 
derived from an electronic surveillance of that aggrieved 
person pursuant to the authority of this title, the Government 
shall, prior to the trial, hearing, or other proceeding or at a 
reasonable time prior to an effort to so disclose or so use 
that information or submit it in evidence, notify the aggrieved 
person and the court or other authority in which the 
information is to be disclosed or used that the Government 
intends to so disclose or so use such information.
    (d) Whenever any State or political subdivision thereof 
intends to enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before any court, 
department, officer, agency, regulatory body, or other 
authority of a State or a political subdivision thereof, 
against an aggrieved person any information obtained or derived 
from an electronic surveillance of that aggrieved person 
pursuant to the authority of this title, the State or political 
subdivision thereof shall notify the aggrieved person, the 
court or other authority in which the information is to be 
disclosed or used, and the Attorney General that the State or 
political subdivision thereof intends to so disclose or so use 
such information.
    (e) Any person against whom evidence obtained or derived 
from an electronic surveillance to which he is an aggrieved 
person is to be, or has been, introduced or otherwise used or 
disclosed in any trial, hearing, or other proceeding in or 
before any court, department, officer, agency, regulatory body, 
or other authority of the United States, a State, or a 
political subdivision thereof, may move to suppress the 
evidence obtained or derived from such electronic surveillance 
on the grounds that--
          (1) the information was unlawfully acquired; or
          (2) the surveillance was not made in conformity with 
        an order of authorization or approval.
Such a motion shall be made before the trial, hearing, or other 
proceeding unless there was no opportunity to make such a 
motion or the person was not aware of the grounds of the 
motion.
    (f) Whenever a court or other authority is notified 
pursuant to subsection (c) or (d), or whenever a motion is made 
pursuant to subsection (e), or whenever any motion or request 
is made by an aggrieved person pursuant to any other statute or 
rule of the United States or any State before any court or 
other authority of the United States or any State to discover 
or obtain applications or orders or other materials relating to 
electronic surveillance or to discover, obtain, or suppress 
evidence or information obtained or derived from electronic 
surveillance under this Act, the United States district court 
or, where the motion is made before another authority, the 
United States district court in the same district as the 
authority, shall, notwithstanding any other law, if the 
Attorney General files an affidavit under oath that disclosure 
or an adversary hearing would harm the national security of the 
United States, review in camera and ex parte the application, 
order, and such other materials relating to the surveillance as 
may be necessary to determine whether the surveillance of the 
aggrieved person was lawfully authorized and conducted. In 
making this determination, the court may disclose to the 
aggrieved person, under appropriate security procedures and 
protective orders, portions of the application, order, or other 
materials relating to the surveillance only where such 
disclosure is necessary to make an accurate determination of 
the legality of the surveillance.
    (g) If the United States district court pursuant to 
subsection (f) determines that the surveillance was not 
lawfully authorized or conducted, it shall, in accordance with 
the requirements of law, suppress the evidence which was 
unlawfully obtained or derived from electronic surveillance of 
the aggrieved person or otherwise grant the motion of the 
aggrieved person. If the court determines that the surveillance 
was lawfully authorized and conducted, it shall deny the motion 
of the aggrieved person except to the extent that due process 
requires discovery or disclosure.
    (h) Orders granting motions or requests under subsection 
(g), decisions under this section that electronic surveillance 
was not lawfully authorized or conducted, and orders of the 
United States district court requiring review or granting 
disclosure or applications, orders, or other materials relating 
to a surveillance shall be final orders and binding upon all 
courts of the United States and the several States except a 
United States court of appeals and the Supreme Court.
    (i) In circumstances involving the unintentional 
acquisition by an electronic, mechanical, or other surveillance 
device of the contents of any radio communication, under 
circumstances in which a person has a reasonable expectation of 
privacy and a warrant would be required for law enforcement 
purposes, and if both the sender and all intended recipients 
are located within the United States, such contents shall be 
destroyed upon recognition, unless the Attorney General 
determines that the contents indicate a threat of death or 
serious bodily harm to any person.
    (j) If an emergency employment of electronic surveillance 
is authorized under section 105(e) and a subsequent order 
approving the surveillance is not obtained, the judge shall 
cause to be served on any United States person named in the 
application and on such other United States persons subject to 
electronic surveillance as the judge may determine in his 
discretion it is in the interest of justice to serve, notice 
of--
          (1) the fact of the application;
          (2) the period of the surveillance; and
          (3) the fact that during the period information was 
        or not obtained.
On an ex parte showing of good cause to the judge the serving 
of the notice required by this subsection may be postponed or 
suspended for a period not to exceed ninety days. Thereafter, 
on a further ex parte showing of good cause, the court shall 
forego ordering the serving of the notice required under this 
subsection.

                   report of electronic surveillance

    Sec. 107.\12\ In April of each year, the Attorney General 
shall transmit to the Administrative Office of the United 
States Court and to Congress a report setting forth with 
respect to the preceding calendar year--
---------------------------------------------------------------------------
    \12\ 50 U.S.C. 1807. Sec. 1(21) of Public Law 106-197 (114 Stat. 
246) provided that requirements under sec. 3003(a)(1) of the Federal 
Reports Elimination and Sunset Act of 1995 to automatically eliminated 
certain reporting requirements does not apply to secs. 107 and 108 of 
this Act.
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          (a) the total number of applications made for orders 
        and extensions of orders approving electronic 
        surveillance under this title; and
          (b) the total number of such orders and extensions 
        either granted, modified, or denied.

                        congressional oversight

    Sec. 108.\13\ (a)(1) \14\ On a semiannual basis the 
Attorney General shall fully inform the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence concerning all electronic surveillance under this 
title. Nothing in this title shall be deemed to limit the 
authority and responsibility of the appropriate committees of 
each House of Congress to obtain such information as they may 
need to carry out their respective functions and duties.
---------------------------------------------------------------------------
    \13\ 50 U.S.C. 1808. Sec. 1(21) of Public Law 106-197 (114 Stat. 
246) provided that requirements under sec. 3003(a)(1) of the Federal 
Reports Elimination and Sunset Act of 1995 to automatically eliminated 
certain reporting requirements does not apply to secs. 107 and 108 of 
this Act.
    \14\ Sec. 604(a) of the Counterintelligence Reform Act of 2000 
(title VI of Public Law 106-567; 114 Stat. 2853) inserted ``(1)'' after 
``(a)'', and added new para. (2).
---------------------------------------------------------------------------
    (2) \14\ Each report under the first sentence of paragraph 
(1) shall include a description of--
          (A) each criminal case in which information acquired 
        under this Act has been passed for law enforcement 
        purposes during the period covered by such report; and
          (B) each criminal case in which information acquired 
        under this Act has been authorized for use at trial 
        during such reporting period.
    (b) On or before one year after the effective date of this 
Act and on the same day each year for four years thereafter, 
the Permanent Select Committee on Intelligence and the Senate 
Select Committee on Intelligence shall report respectively to 
the House of Representatives and the Senate, concerning the 
implementation of this Act. Said reports shall include but not 
be limited to an analysis and recommendations concerning 
whether this Act should be (1) amended, (2) repealed, or (3) 
permitted to continue in effect without amendment.

                               penalties

    Sec. 109.\15\ (a) Offense.--A person is guilty of an 
offense if he intentionally--
---------------------------------------------------------------------------
    \15\ 50 U.S.C. 1809.
---------------------------------------------------------------------------
          (1) engages in electronic surveillance under color of 
        law except as authorized by statute; or
          (2) discloses or uses information obtained under 
        color of law by electronic surveillance, knowing or 
        having reason to know that the information was obtained 
        through electronic surveillance not authorized by 
        statute.
    (b) Defense.--It is a defense to a prosecution under 
subsection (a) that the defendant was a law enforcement or 
investigative officer engaged in the course of his official 
duties and the electronic surveillance was authorized by and 
conducted pursuant to a search warrant or court order of a 
court of competent jurisdiction.
    (c) Penalty.--An offense described in this section is 
punishable by a fine of not more than $10,000 or imprisonment 
for not more than five years, or both.
    (d) Jjurisdiction.--There is Federal jurisdiction over an 
offense under this section if the person committing the offense 
was an officer or employer of the United States at the time the 
offense was committed.
    Sec. 110.\16\ Civil Action.--An aggrieved person, other 
than a foreign power or an agent of a foreign power, as defined 
in section 110(a) or (b)(1)(A), respectively, who has been 
subjected to an electronic surveillance or about whom 
information obtained by electronic surveillance of such person 
has been disclosed or used in violation of section 109 shall 
have a cause of action against any person who committed such 
violation and shall be entitled to recover--
---------------------------------------------------------------------------
    \16\ 50 U.S.C. 1810.
---------------------------------------------------------------------------
          (a) actual damages, but not less than liquidated 
        damages of $1,000 or $100 per day for each day of 
        violation, whichever is greater;
          (b) punitive damages; and
          (c) reasonable attorney's fees and other 
        investigation and litigation costs reasonably incurred.

                    authorization during time of war

    Sec. 111.\17\
    Notwithstanding any other law, the President, through the 
Attorney General, may authorize electronic surveillance without 
a court order under this title to acquire foreign intelligence 
information for a period not to exceed fifteen calendar days 
following a declaration of war by the Congress.
---------------------------------------------------------------------------
    \17\ 50 U.S.C. 1811.
---------------------------------------------------------------------------

                    TITLE II--CONFORMING AMENDMENTS

          * * * * * * *

   TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN 
                       INTELLIGENCE PURPOSES \18\

                              definitions

    Sec. 301.\19\ As used in this title:
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    \18\ Title III was added by sec. 807(b) of the Intelligence 
Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat. 
3443).
    \19\ 50 U.S.C. 1821.
---------------------------------------------------------------------------
          (1) The terms ``foreign power'', ``agent of a foreign 
        power'', ``international terrorism'', ``sabotage'', 
        ``foreign intelligence information'', ``Attorney 
        General'', ``United States person'', ``United States'', 
        ``person'', and ``State'' shall have the same meanings 
        as in section 101 of this Act, except as specifically 
        provided by this title.
          (2) ``Aggrieved person'' means a person whose 
        premises, property, information, or material is the 
        target of physical search or any other person whose 
        premises, property, information, or material was 
        subject to physical search.
          (3) ``Foreign Intelligence Surveillance Court'' means 
        the court established by section 103(a) of this Act.
          (4) ``Minimization procedures'' with respect to 
        physical search, means--
                  (A) specific procedures, which shall be 
                adopted by the Attorney General, that are 
                reasonably designed in light of the purposes 
                and technique of the particular physical 
                search, to minimize the acquisition and 
                retention, and prohibit the dissemination, of 
                nonpublicly available information concerning 
                unconsenting United States persons consistent 
                with the need of the United States to obtain, 
                produce, and disseminate foreign intelligence 
                information;
                  (B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information, as defined in section 
                101(e)(1) of this Act, shall not be 
                disseminated in a manner that identifies any 
                United States person, without such person's 
                consent, unless such person's identity is 
                necessary to understand such foreign 
                intelligence information or assess its 
                importance;
                  (C) notwithstanding subparagraphs (A) and 
                (B), procedures that allow for the retention 
                and dissemination of information that is 
                evidence of a crime which has been, is being, 
                or is about to be committed and that is to be 
                retained or disseminated for law enforcement 
                purposes; and
                  (D) notwithstanding subparagraphs (A), (B), 
                and (C), with respect to any physical search 
                approved pursuant to section 302(a), procedures 
                that require that no information, material, or 
                property of a United States person shall be 
                disclosed, disseminated, or used for any 
                purpose or retained for longer than 24 hours 
                unless a court order under section 304 is 
                obtained or unless the Attorney General 
                determines that the information indicates a 
                threat of death or serious bodily harm to any 
                person.
                  (5) ``Physical search'' means any physical 
                intrusion within the United States into 
                premises or property (including examination of 
                the interior of property by technical means) 
                that is intended to result in a seizure, 
                reproduction, inspection, or alteration of 
                information, material, or property, under 
                circumstances in which a person has a 
                reasonable expectation of privacy and a warrant 
                would be required for law enforcement purposes, 
                but does not include (A) ``electronic 
                surveillance'', as defined in section 101(f) of 
                this Act, or (B) the acquisition by the United 
                States Government of foreign intelligence 
                information from international or foreign 
                communications, or foreign intelligence 
                activities conducted in accordance with 
                otherwise applicable Federal law involving a 
                foreign electronic communications system, 
                utilizing a means other than electronic 
                surveillance as defined in section 101(f) of 
                this Act.

  authorization of physical searches for foreign intelligence purposes

    Sec. 302.\20\ (a)(1) Notwithstanding any other provision of 
law, the President, acting through the Attorney General, may 
authorize physical searches without a court order under this 
title to acquire foreign intelligence information for periods 
of up to one year if--
---------------------------------------------------------------------------
    \20\ 50 U.S.C. 1822.
---------------------------------------------------------------------------
          (A) the Attorney General certifies in writing under 
        oath that--
                  (i) the physical search is solely directed at 
                premises, information, material, or property 
                used exclusively by, or under the open and 
                exclusive control of, a foreign power or powers 
                (as defined in section 101(a) (1), (2), or 
                (3));
                  (ii) there is no substantial likelihood that 
                the physical search will involve the premises, 
                information, material, or property of a United 
                States person; and
                  (iii) the proposed minimization procedures 
                with respect to such physical search meet the 
                definition of minimization procedures under 
                paragraphs (1) through (4) of section 301(4); 
                and
          (B) the Attorney General reports such minimization 
        procedures and any changes thereto to the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on 
        Intelligence of the Senate at least 30 days before 
        their effective date, unless the Attorney General 
        determines that immediate action is required and 
        notifies the committees immediately of such 
        minimization procedures and the reason for their 
        becoming effective immediately.
    (2) A physical search authorized by this subsection may be 
conducted only in accordance with the certification and 
minimization procedures adopted by the Attorney General. The 
Attorney General shall assess compliance with such procedures 
and shall report such assessments to the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate under the 
provisions of section 306.
    (3) The Attorney General shall immediately transmit under 
seal to the Foreign Intelligence Surveillance Court a copy of 
the certification. Such certification shall be maintained under 
security measures established by the Chief Justice of the 
United States with the concurrence of the Attorney General, in 
consultation with the Director of Central Intelligence, and 
shall remain sealed unless--
          (A) an application for a court order with respect to 
        the physical search is made under section 301(4) and 
        section 303; or
          (B) the certification is necessary to determine the 
        legality of the physical search under section 305(g).
    (4)(A) With respect to physical searches authorized by this 
subsection, the Attorney General may direct a specified 
landlord, custodian, or other specified person to--
          (i) furnish all information, facilities, or 
        assistance necessary to accomplish the physical search 
        in such a manner as will protect its secrecy and 
        produce a minimum of interference with the services 
        that such landlord, custodian, or other person is 
        providing the target of the physical search; and
          (ii) maintain under security procedures approved by 
        the Attorney General and the Director of Central 
        Intelligence any records concerning the search or the 
        aid furnished that such person wishes to retain.
    (B) The Government shall compensate, at the prevailing 
rate, such landlord, custodian, or other person for furnishing 
such aid.
    (b) Applications for a court order under this title are 
authorized if the President has, by written authorization, 
empowered the Attorney General to approve applications to the 
Foreign Intelligence Surveillance Court. Notwithstanding any 
other provision of law, a judge of the court to whom 
application is made may grant an order in accordance with 
section 304 approving a physical search in the United States of 
the premises, property, information, or material of a foreign 
power or an agent of a foreign power for the purpose of 
collecting foreign intelligence information.
    (c) The Foreign Intelligence Surveillance Court shall have 
jurisdiction to hear applications for and grant orders 
approving a physical search for the purpose of obtaining 
foreign intelligence information anywhere within the United 
States under the procedures set forth in this title, except 
that no judge shall hear the same application which has been 
denied previously by another judge designated under section 
103(a) of this Act. If any judge so designated denies an 
application for an order authorizing a physical search under 
this title, such judge shall provide immediately for the record 
a written statement of each reason for such decision and, on 
motion of the United States, the record shall be transmitted, 
under seal, to the court of review established under section 
103(b).
    (d) The court of review established under section 103(b) 
shall have jurisdiction to review the denial of any application 
made under this title. If such court determines that the 
application was properly denied, the court shall immediately 
provide for the record a written statement of each reason for 
its decision and, on petition of the United States for a writ 
of certiorari, the record shall be transmitted under seal to 
the Supreme Court, which shall have jurisdiction to review such 
decision.
    (e) Judicial proceedings under this title shall be 
concluded as expeditiously as possible. The record of 
proceedings under this title, including applications made and 
orders granted, shall be maintained under security measures 
established by the Chief Justice of the United States in 
consultation with the Attorney General and the Director of 
Central Intelligence.

                        application for an order

    Sec. 303.\21\ (a) Each application for an order approving a 
physical search under this title shall be made by a Federal 
officer in writing upon oath or affirmation to a judge of the 
Foreign Intelligence Surveillance Court. Each application shall 
require the approval of the Attorney General based upon the 
Attorney General's finding that it satisfies the criteria and 
requirements for such application as set forth in this title. 
Each application shall include--
---------------------------------------------------------------------------
    \21\ 50 U.S.C. 1823.
---------------------------------------------------------------------------
          (1) the identity of the Federal officer making the 
        application;
          (2) the authority conferred on the Attorney General 
        by the President and the approval of the Attorney 
        General to make the application;
          (3) the identity, if known, or a description of the 
        target of the search, and a detailed description of the 
        premises or property to be searched and of the 
        information, material, or property to be seized, 
        reproduced, or altered;
          (4) a statement of the facts and circumstances relied 
        upon by the applicant to justify the applicant's belief 
        that--
                  (A) the target of the physical search is a 
                foreign power or an agent of a foreign power;
                  (B) the premises or property to be searched 
                contains foreign intelligence information; and
                  (C) the premises or property to be searched 
                is owned, used, possessed by, or is in transit 
                to or from a foreign power or an agent of a 
                foreign power;
          (5) a statement of the proposed minimization 
        procedures;
          (6) a statement of the nature of the foreign 
        intelligence sought and the manner in which the 
        physical search is to be conducted;
          (7) a certification or certifications by the 
        Assistant to the President for National Security 
        Affairs or an executive branch official or officials 
        designated by the President from among those executive 
        branch officers employed in the area of national 
        security or defense and appointed by the President, by 
        and with the advice and consent of the Senate--
                  (A) that the certifying official deems the 
                information sought to be foreign intelligence 
                information;
                  (B) that the purpose of the search is to 
                obtain foreign intelligence information;
                  (C) that such information cannot reasonably 
                be obtained by normal investigative techniques;
                  (D) that designates the type of foreign 
                intelligence information being sought according 
                to the categories described in section 101(e); 
                and
                  (E) includes a statement explaining the basis 
                for the certifications required by 
                subparagraphs (C) and (D);
          (8) where the physical search involves a search of 
        the residence of a United States person, the Attorney 
        General shall state what investigative techniques have 
        previously been utilized to obtain the foreign 
        intelligence information concerned and the degree to 
        which these techniques resulted in acquiring such 
        information; and
          (9) a statement of the facts concerning all previous 
        applications that have been made to any judge under 
        this title involving any of the persons, premises, or 
        property specified in the application, and the action 
        taken on each previous application.
    (b) The Attorney General may require any other affidavit or 
certification from any other officer in connection with the 
application.
    (c) The judge may require the applicant to furnish such 
other information as may be necessary to make the 
determinations required by section 304.
    (d) \22\ (1)(A) Upon written request of the Director of the 
Federal Bureau of Investigation, the Secretary of Defense, the 
Secretary of State, or the Director of Central Intelligence, 
the Attorney General shall personally review under subsection 
(a) an application under that subsection for a target described 
in section 101(b)(2).
---------------------------------------------------------------------------
    \22\ Sec. 603(a) of the Counterintelligence Reform Act of 2000 
(title VI of Public Law 106-567; 114 Stat. 2852) added subsec. (d).
---------------------------------------------------------------------------
    (B) Except when disabled or otherwise unavailable to make a 
request referred to in subparagraph (A), an official referred 
to in that subparagraph may not delegate the authority to make 
a request referred to in that subparagraph.
    (C) Each official referred to in subparagraph (A) with 
authority to make a request under that subparagraph shall take 
appropriate actions in advance to ensure that delegation of 
such authority is clearly established in the event such 
official is disabled or otherwise unavailable to make such 
request.
    (2)(A) If as a result of a request under paragraph (1) the 
Attorney General determines not to approve an application under 
the second sentence of subsection (a) for purposes of making 
the application under this section, the Attorney General shall 
provide written notice of the determination to the official 
making the request for the review of the application under that 
paragraph. Except when disabled or otherwise unavailable to 
make a determination under the preceding sentence, the Attorney 
General may not delegate the responsibility to make a 
determination under that sentence. The Attorney General shall 
take appropriate actions in advance to ensure that delegation 
of such responsibility is clearly established in the event the 
Attorney General is disabled or otherwise unavailable to make 
such determination.
    (B) Notice with respect to an application under 
subparagraph (A) shall set forth the modifications, if any, of 
the application that are necessary in order for the Attorney 
General to approve the application under the second sentence of 
subsection (a) for purposes of making the application under 
this section.
    (C) Upon review of any modifications of an application set 
forth under subparagraph (B), the official notified of the 
modifications under this paragraph shall modify the application 
if such official determines that such modification is 
warranted. Such official shall supervise the making of any 
modification under this subparagraph. Except when disabled or 
otherwise unavailable to supervise the making of any 
modification under the preceding sentence, such official may 
not delegate the responsibility to supervise the making of any 
modification under that preceding sentence. Each such official 
shall take appropriate actions in advance to ensure that 
delegation of such responsibility is clearly established in the 
event such official is disabled or otherwise unavailable to 
supervise the making of such modification.

                          issuance of an order

    Sec. 304.\23\ (a) Upon an application made pursuant to 
section 303, the judge shall enter an ex parte order as 
requested or as modified approving the physical search if the 
judge finds that--
---------------------------------------------------------------------------
    \23\ 50 U.S.C. 1824.
---------------------------------------------------------------------------
          (1) the President has authorized the Attorney General 
        to approve applications for physical searches for 
        foreign intelligence purposes;
          (2) the application has been made by a Federal 
        officer and approved by the Attorney General;
          (3) on the basis of the facts submitted by the 
        applicant there is probable cause to believe that--
                  (A) the target of the physical search is a 
                foreign power or an agent of a foreign power, 
                except that no United States person may be 
                considered an agent of a foreign power solely 
                upon the basis of activities protected by the 
                first amendment to the Constitution of the 
                United States; and
                  (B) the premises or property to be searched 
                is owned, used, possessed by, or is in transit 
                to or from an agent of a foreign power or a 
                foreign power;
          (4) the proposed minimization procedures meet the 
        definition of minimization contained in this title; and
          (5) the application which has been filed contains all 
        statements and certifications required by section 303, 
        and, if the target is a United States person, the 
        certification or certifications are not clearly 
        erroneous on the basis of the statement made under 
        section 303(a)(7)(E) and any other information 
        furnished under section 303(c).
    (b) \24\ In determining whether or not probable cause 
exists for purposes of an order under subsection (a)(3), a 
judge may consider past activities of the target, as well as 
facts and circumstances relating to current or future 
activities of the target.
---------------------------------------------------------------------------
    \24\ Sec. 603(b) of the Counterintelligence Reform Act of 2000 
(title VI of Public Law 106-567; 114 Stat. 2853) resdesignated subsecs. 
(b) through (e) as subsecs. (c) through (f), respectively, and added a 
new subsec. (b).
---------------------------------------------------------------------------
    (c) \24\ An order approving a physical search under this 
section shall--
          (1) specify--
                  (A) the identity, if known, or a description 
                of the target of the physical search;
                  (B) the nature and location of each of the 
                premises or property to be searched;
                  (C) the type of information, material, or 
                property to be seized, altered, or reproduced;
                  (D) a statement of the manner in which the 
                physical search is to be conducted and, 
                whenever more than one physical search is 
                authorized under the order, the authorized 
                scope of each search and what minimization 
                procedures shall apply to the information 
                acquired by each search; and
                  (E) the period of time during which physical 
                searches are approved; and
          (2) direct--
                  (A) that the minimization procedures be 
                followed;
                  (B) that, upon the request of the applicant, 
                a specified landlord, custodian, or other 
                specified person furnish the applicant 
                forthwith all information, facilities, or 
                assistance necessary to accomplish the physical 
                search in such a manner as will protect its 
                secrecy and produce a minimum of interference 
                with the services that such landlord, 
                custodian, or other person is providing the 
                target of the physical search;
                  (C) that such landlord, custodian, or other 
                person maintain under security procedures 
                approved by the Attorney General and the 
                Director of Central Intelligence any records 
                concerning the search or the aid furnished that 
                such person wishes to retain;
                  (D) that the applicant compensate, at the 
                prevailing rate, such landlord, custodian, or 
                other person for furnishing such aid; and
                  (E) that the Federal officer conducting the 
                physical search promptly report to the court 
                the circumstances and results of the physical 
                search.
    (d) \24\ (1) An order issued under this section may approve 
a physical search for the period necessary to achieve its 
purpose, or for forty-five days, whichever is less, except that 
an order under this section shall approve a physical search 
targeted against a foreign power, as defined in paragraph (1), 
(2), or (3) of section 101(a), for the period specified in the 
application or for one year, whichever is less.
    (2) Extensions of an order issued under this title may be 
granted on the same basis as the original order upon an 
application for an extension and new findings made in the same 
manner as required for the original order, except that an 
extension of an order under this Act for a physical search 
targeted against a foreign power, as defined in section 101(a) 
(5) or (6), or against a foreign power, as defined in section 
101(a)(4), that is not a United States person, may be for a 
period not to exceed one year if the judge finds probable cause 
to believe that no property of any individual United States 
person will be acquired during the period.
    (3) At or before the end of the period of time for which a 
physical search is approved by an order or an extension, or at 
any time after a physical search is carried out, the judge may 
assess compliance with the minimization procedures by reviewing 
the circumstances under which information concerning United 
States persons was acquired, retained, or disseminated.
    (e) \24\ (1)(A) Notwithstanding any other provision of this 
title, whenever the Attorney General reasonably makes the 
determination specified in subparagraph (B), the Attorney 
General may authorize the execution of an emergency physical 
search if--
          (i) a judge having jurisdiction under section 103 is 
        informed by the Attorney General or the Attorney 
        General's designee at the time of such authorization 
        that the decision has been made to execute an emergency 
        search, and
          (ii) an application in accordance with this title is 
        made to that judge as soon as practicable but not more 
        than 24 hours after the Attorney General authorizes 
        such search.
    (B) The determination referred to in subparagraph (A) is a 
determination that--
          (i) an emergency situation exists with respect to the 
        execution of a physical search to obtain foreign 
        intelligence information before an order authorizing 
        such search can with due diligence be obtained, and
          (ii) the factual basis for issuance of an order under 
        this title to approve such a search exists.
    (2) If the Attorney General authorizes an emergency search 
under paragraph (1), the Attorney General shall require that 
the minimization procedures required by this title for the 
issuance of a judicial order be followed.
    (3) In the absence of a judicial order approving such a 
physical search, the search shall terminate the earlier of--
          (A) the date on which the information sought is 
        obtained;
          (B) the date on which the application for the order 
        is denied; or
          (C) the expiration of 24 hours from the time of 
        authorization by the Attorney General.
    (4) In the event that such application for approval is 
denied, or in any other case where the physical search is 
terminated and no order is issued approving the search, no 
information obtained or evidence derived from such search shall 
be received in evidence or otherwise disclosed in any trial, 
hearing, or other proceeding in or before any court, grand 
jury, department, office, agency, regulatory body, legislative 
committee, or other authority of the United States, a State, or 
political subdivision thereof, and no information concerning 
any United States person acquired from such search shall 
subsequently be used or disclosed in any other manner by 
Federal officers or employees without the consent of such 
person, except with the approval of the Attorney General, if 
the information indicates a threat of death or serious bodily 
harm to any person. A denial of the application made under this 
subsection may be reviewed as provided in section 302.
    (f) \24\ Applications made and orders granted under this 
title shall be retained for a period of at least 10 years from 
the date of the application.

                           use of information

    Sec. 305.\25\ (a) Information acquired from a physical 
search conducted pursuant to this title concerning any United 
States person may be used and disclosed by Federal officers and 
employees without the consent of the United States person only 
in accordance with the minimization procedures required by this 
title. No information acquired from a physical search pursuant 
to this title may be used or disclosed by Federal officers or 
employees except for lawful purposes.
---------------------------------------------------------------------------
    \25\ 50 U.S.C. 1825.
---------------------------------------------------------------------------
    (b) Where a physical search authorized and conducted 
pursuant to section 304 involves the residence of a United 
States person, and, at any time after the search the Attorney 
General determines there is no national security interest in 
continuing to maintain the secrecy of the search, the Attorney 
General shall provide notice to the United States person whose 
residence was searched of the fact of the search conducted 
pursuant to this Act and shall identify any property of such 
person seized, altered, or reproduced during such search.
    (c) No information acquired pursuant to this title shall be 
disclosed for law enforcement purposes unless such disclosure 
is accompanied by a statement that such information, or any 
information derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the Attorney 
General.
    (d) Whenever the United States intends to enter into 
evidence or otherwise use or disclose in any trial, hearing, or 
other proceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the United 
States, against an aggrieved person, any information obtained 
or derived from a physical search pursuant to the authority of 
this title, the United States shall, prior to the trial, 
hearing, or the other proceeding or at a reasonable time prior 
to an effort to so disclose or so use that information or 
submit it in evidence, notify the aggrieved person and the 
court or other authority in which the information is to be 
disclosed or used that the United States intends to so disclose 
or so use such information.
    (e) Whenever any State or political subdivision thereof 
intends to enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before any court, 
department, officer, agency, regulatory body, or other 
authority of a State or a political subdivision thereof against 
an aggrieved person any information obtained or derived from a 
physical search pursuant to the authority of this title, the 
State or political subdivision thereof shall notify the 
aggrieved person, the court or other authority in which the 
information is to be disclosed or used, and the Attorney 
General that the State or political subdivision thereof intends 
to so disclose or so use such information.
    (f)(1) Any person against whom evidence obtained or derived 
from a physical search to which he is an aggrieved person is to 
be, or has been, introduced or otherwise used or disclosed in 
any trial, hearing, or other proceeding in or before any court, 
department, officer, agency, regulatory body, or other 
authority of the United States, a State, or a political 
subdivision thereof, may move to suppress the evidence obtained 
or derived from such search on the grounds that--
          (A) the information was unlawfully acquired; or
          (B) the physical search was not made in conformity 
        with an order of authorization or approval.
    (2) Such a motion shall be made before the trial, hearing, 
or other proceeding unless there was no opportunity to make 
such a motion or the person was not aware of the grounds of the 
motion.
    (g) Whenever a court or other authority is notified 
pursuant to subsection (d) or (e), or whenever a motion is made 
pursuant to subsection (f), or whenever any motion or request 
is made by an aggrieved person pursuant to any other statute or 
rule of the United States or any State before any court or 
other authority of the United States or any State to discover 
or obtain applications or orders or other materials relating to 
a physical search authorized by this title or to discover, 
obtain, or suppress evidence or information obtained or derived 
from a physical search authorized by this title, the United 
States district court or, where the motion is made before 
another authority, the United States district court in the same 
district as the authority shall, notwithstanding any other 
provision of law, if the Attorney General files an affidavit 
under oath that disclosure or any adversary hearing would harm 
the national security of the United States, review in camera 
and ex parte the application, order, and such other materials 
relating to the physical search as may be necessary to 
determine whether the physical search of the aggrieved person 
was lawfully authorized and conducted. In making this 
determination, the court may disclose to the aggrieved person, 
under appropriate security procedures and protective orders, 
portions of the application, order, or other materials relating 
to the physical search, or may require the Attorney General to 
provide to the aggrieved person a summary of such materials, 
only where such disclosure is necessary to make an accurate 
determination of the legality of the physical search.
    (h) If the United States district court pursuant to 
subsection (g) determines that the physical search was not 
lawfully authorized or conducted, it shall, in accordance with 
the requirements of law, suppress the evidence which was 
unlawfully obtained or derived from the physical search of the 
aggrieved person or otherwise grant the motion of the aggrieved 
person. If the court determines that the physical search was 
lawfully authorized or conducted, it shall deny the motion of 
the aggrieved person except to the extent that due process 
requires discovery or disclosure.
    (i) Orders granting motions or requests under subsection 
(h), decisions under this section that a physical search was 
not lawfully authorized or conducted, and orders of the United 
States district court requiring review or granting disclosure 
of applications, orders, or other materials relating to the 
physical search shall be final orders and binding upon all 
courts of the United States and the several States except a 
United States Court of Appeals or the Supreme Court.
    (j)(1) If an emergency execution of a physical search is 
authorized under section 304(d) and a subsequent order 
approving the search is not obtained, the judge shall cause to 
be served on any United States person named in the application 
and on such other United States persons subject to the search 
as the judge may determine in his discretion it is in the 
interests of justice to serve, notice of--
          (A) the fact of the application;
          (B) the period of the search; and
          (C) the fact that during the period information was 
        or was not obtained.
    (2) On an ex parte showing of good cause to the judge, the 
serving of the notice required by this subsection may be 
postponed or suspended for a period not to exceed 90 days. 
Thereafter, on a further ex parte showing of good cause, the 
court shall forego ordering the serving of the notice required 
under this subsection.

                        congressional oversight

    Sec. 306.\26\ On a semiannual basis the Attorney General 
shall fully inform the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate concerning all physical 
searches conducted pursuant to this title. On a semiannual 
basis the Attorney General shall also provide to those 
committees and the Committees on the Judiciary of the House of 
Representatives and the Senate a report setting forth with 
respect to the preceding six-month period--
---------------------------------------------------------------------------
    \26\ 50 U.S.C. 1826.
---------------------------------------------------------------------------
          (1) the total number of applications made for orders 
        approving physical searches under this title;
          (2) the total number of such orders either granted, 
        modified, or denied; and
          (3) the number of physical searches which involved 
        searches of the residences, offices, or personal 
        property of United States persons, and the number of 
        occasions, if any, where the Attorney General provided 
        notice pursuant to section 305(b).

                               penalties

    Sec. 307.\27\ (a) A person is guilty of an offense if he 
intentionally--
---------------------------------------------------------------------------
    \27\ 50 U.S.C. 1827.
---------------------------------------------------------------------------
          (1) under color of law for the purpose of obtaining 
        foreign intelligence information, executes a physical 
        search within the United States except as authorized by 
        statute; or
          (2) discloses or uses information obtained under 
        color of law by physical search within the United 
        States, knowing or having reason to know that the 
        information was obtained through physical search not 
        authorized by statute, for the purpose of obtaining 
        intelligence information.
    (b) It is a defense to a prosecution under subsection (a) 
that the defendant was a law enforcement or investigative 
officer engaged in the course of his official duties and the 
physical search was authorized by and conducted pursuant to a 
search warrant or court order of a court of competent 
jurisdiction.
    (c) An offense described in this section is punishable by a 
fine of not more than $10,000 or imprisonment for not more than 
five years, or both.
    (d) There is Federal jurisdiction over an offense under 
this section if the person committing the offense was an 
officer or employee of the United States at the time the 
offense was committed.

                            civil liability

    Sec. 308.\28\ An aggrieved person, other than a foreign 
power or an agent of a foreign power, as defined in section 101 
(a) or (b)(1)(A), respectively, of this Act, whose premises, 
property, information, or material has been subjected to a 
physical search within the United States or about whom 
information obtained by such a physical search has been 
disclosed or used in violation of section 307 shall have a 
cause of action against any person who committed such violation 
and shall be entitled to recover--
---------------------------------------------------------------------------
    \28\ 50 U.S.C. 1828.
---------------------------------------------------------------------------
          (1) actual damages, but not less than liquidated 
        damages of $1,000 or $100 per day for each day of 
        violation, whichever is greater;
          (2) punitive damages; and
          (3) reasonable attorney's fees and other 
        investigative and litigation costs reasonably incurred.

                    authorization during time of war

    Sec. 309.\29\ Notwithstanding any other provision of law, 
the President, through the Attorney General, may authorize 
physical searches without a court order under this title to 
acquire foreign intelligence information for a period not to 
exceed 15 calendar days following a declaration of war by the 
Congress.
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    \29\ 50 U.S.C. 1829.
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    TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
                       INTELLIGENCE PURPOSES \30\

                              definitions

    Sec. 401.\31\ As used in this title:
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    \30\ Added by sec. 601 of Public Law 105-272 (112 Stat. 2404).
    \31\ 50 U.S.C. 1841.
---------------------------------------------------------------------------
          (1) The terms ``foreign power'', ``agent of a foreign 
        power'', ``international terrorism'', ``foreign 
        intelligence information'', ``Attorney General'', 
        ``United States person'', ``United States'', 
        ``person'', and ``State'' shall have the same meanings 
        as in section 101 of this Act.
          (2) The terms ``pen register'' and ``trap and trace 
        device'' have the meanings given such terms in section 
        3127 of title 18, United States Code.
          (3) The term ``aggrieved person'' means any person--
                  (A) whose telephone line was subject to the 
                installation or use of a pen register or trap 
                and trace device authorized by this title; or
                  (B) whose communication instrument or device 
                was subject to the use of a pen register or 
                trap and trace device authorized by this title 
                to capture incoming electronic or other 
                communications impulses.

 pen registers and trap and trace devices for foreign intelligence and 
                 international terrorism investigations

    Sec. 402.\32\ (a)(1) Notwithstanding any other provision of 
law, the Attorney General or a designated attorney for the 
government may make an application for an order or an extension 
of an order authorizing or approving the installation and use 
of a pen register or trap and trace device for any 
investigation to gather foreign intelligence information or 
information concerning international terrorism which is being 
conducted by the Federal Bureau of Investigation under such 
guidelines as the Attorney General approves pursuant to 
Executive Order No. 12333, or a successor order.
---------------------------------------------------------------------------
    \32\ 50 U.S.C. 1842.
---------------------------------------------------------------------------
    (2) The authority under paragraph (1) is in addition to the 
authority under title I of this Act to conduct the electronic 
surveillance referred to in that paragraph.
    (b) Each application under this section shall be in writing 
under oath or affirmation to--
          (1) a judge of the court established by section 
        103(a) of this Act; or
          (2) a United States Magistrate Judge under chapter 43 
        of title 28, United States Code, who is publicly 
        designated by the Chief Justice of the United States to 
        have the power to hear applications for and grant 
        orders approving the installation and use of a pen 
        register or trap and trace device on behalf of a judge 
        of that court.
    (c) Each application under this section shall require the 
approval of the Attorney General, or a designated attorney for 
the Government, and shall include--
          (1) the identity of the Federal officer seeking to 
        use the pen register or trap and trace device covered 
        by the application;
          (2) a certification by the applicant that the 
        information likely to be obtained is relevant to an 
        ongoing foreign intelligence or international terrorism 
        investigation being conducted by the Federal Bureau of 
        Investigation under guidelines approved by the Attorney 
        General; and
          (3) information which demonstrates that there is 
        reason to believe that the telephone line to which the 
        pen register or trap and trace device is to be 
        attached, or the communication instrument or device to 
        be covered by the pen register or trap and trace 
        device, has been or is about to be used in 
        communication with--
                  (A) an individual who is engaging or has 
                engaged in international terrorism or 
                clandestine intelligence activities that 
                involve or may involve a violation of the 
                criminal laws of the United States; or
                  (B) a foreign power or agent of a foreign 
                power under circumstances giving reason to 
                believe that the communication concerns or 
                concerned international terrorism or 
                clandestine intelligence activities that 
                involve or may involve a violation of the 
                criminal laws of the United States.
    (d)(1) Upon an application made pursuant to this section, 
the judge shall enter an ex parte order as requested, or as 
modified, approving the installation and use of a pen register 
or trap and trace device if the judge finds that the 
application satisfies the requirements of this section.
    (2) An order issued under this section--
          (A) shall specify--
                  (i) the identity, if known, of the person who 
                is the subject of the foreign intelligence or 
                international terrorism investigation;
                  (ii) in the case of an application for the 
                installation and use of a pen register or trap 
                and trace device with respect to a telephone 
                line--
                          (I) the identity, if known, of the 
                        person to whom is leased or in whose 
                        name the telephone line is listed; and
                          (II) the number and, if known, 
                        physical location of the telephone 
                        line; and
                  (iii) in the case of an application for the 
                use of a pen register or trap and trace device 
                with respect to a communication instrument or 
                device not covered by clause (ii)--
                          (I) the identity, if known, of the 
                        person who owns or leases the 
                        instrument or device or in whose name 
                        the instrument or device is listed; and
                          (II) the number of the instrument or 
                        device; and
          (B) shall direct that--
                  (i) upon request of the applicant, the 
                provider of a wire or electronic communication 
                service, landlord, custodian, or other person 
                shall furnish any information, facilities, or 
                technical assistance necessary to accomplish 
                the installation and operation of the pen 
                register or trap and trace device in such a 
                manner as will protect its secrecy and produce 
                a minimum amount of interference with the 
                services that such provider, landlord, 
                custodian, or other person is providing the 
                person concerned;
                  (ii) such provider, landlord, custodian, or 
                other person--
                          (I) shall not disclose the existence 
                        of the investigation or of the pen 
                        register or trap and trace device to 
                        any person unless or until ordered by 
                        the court; and
                          (II) shall maintain, under security 
                        procedures approved by the Attorney 
                        General and the Director of Central 
                        Intelligence pursuant to section 
                        105(b)(2)(C) of this Act, any records 
                        concerning the pen register or trap and 
                        trace device or the aid furnished; and
                  (iii) the applicant shall compensate such 
                provider, landlord, custodian, or other person 
                for reasonable expenses incurred by such 
                provider, landlord, custodian, or other person 
                in providing such information, facilities, or 
                technical assistance.
    (e) An order issued under this section shall authorize the 
installation and use of a pen register or trap and trace device 
for a period not to exceed 90 days. Extensions of such an order 
may be granted, but only upon an application for an order under 
this section and upon the judicial finding required by 
subsection (d). The period of extension shall be for a period 
not to exceed 90 days.
    (f) No cause of action shall lie in any court against any 
provider of a wire or electronic communication service, 
landlord, custodian, or other person (including any officer, 
employee, agent, or other specified person thereof ) that 
furnishes any information, facilities, or technical assistance 
under subsection (d) in accordance with the terms of a court 
under this section.
    (g) Unless otherwise ordered by the judge, the results of a 
pen register or trap and trace device shall be furnished at 
reasonable intervals during regular business hours for the 
duration of the order to the authorized Government official or 
officials.

                    authorization during emergencies

    Sec. 403.\33\ (a) Notwithstanding any other provision of 
this title, when the Attorney General makes a determination 
described in subsection (b), the Attorney General may authorize 
the installation and use of a pen register or trap and trace 
device on an emergency basis to gather foreign intelligence 
information or information concerning international terrorism 
if--
---------------------------------------------------------------------------
    \33\ 50 U.S.C. 1843.
---------------------------------------------------------------------------
          (1) a judge referred to in section 402(b) of this Act 
        is informed by the Attorney General or his designee at 
        the time of such authorization that the decision has 
        been made to install and use the pen register or trap 
        and trace device, as the case may be, on an emergency 
        basis; and
          (2) an application in accordance with section 402 of 
        this Act is made to such judge as soon as practicable, 
        but not more than 48 hours, after the Attorney General 
        authorizes the installation and use of the pen register 
        or trap and trace device, as the case may be, under 
        this section.
    (b) A determination under this subsection is a reasonable 
determination by the Attorney General that--
          (1) an emergency requires the installation and use of 
        a pen register or trap and trace device to obtain 
        foreign intelligence information or information 
        concerning international terrorism before an order 
        authorizing the installation and use of the pen 
        register or trap and trace device, as the case may be, 
        can with due diligence be obtained under section 402 of 
        this Act; and
          (2) the factual basis for issuance of an order under 
        such section 402 to approve the installation and use of 
        the pen register or trap and trace device, as the case 
        may be, exists.
    (c)(1) In the absence of an order applied for under 
subsection (a)(2) approving the installation and use of a pen 
register or trap and trace device authorized under this 
section, the installation and use of the pen register or trap 
and trace device, as the case may be, shall terminate at the 
earlier of--
          (A) when the information sought is obtained;
          (B) when the application for the order is denied 
        under section 402 of this Act; or
          (C) 48 hours after the time of the authorization by 
        the Attorney General.
    (2) In the event that an application for an order applied 
for under subsection (a)(2) is denied, or in any other case 
where the installation and use of a pen register or trap and 
trace device under this section is terminated and no order 
under section 402 of this Act is issued approving the 
installation and use of the pen register or trap and trace 
device, as the case may be, no information obtained or evidence 
derived from the use of the pen register or trap and trace 
device, as the case may be, shall be received in evidence or 
otherwise disclosed in any trial, hearing, or other proceeding 
in or before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority of 
the United States, a State, or political subdivision thereof, 
and no information concerning any United States person acquired 
from the use of the pen register or trap and trace device, as 
the case may be, shall subsequently be used or disclosed in any 
other manner by Federal officers or employees without the 
consent of such person, except with the approval of the 
Attorney General if the information indicates a threat of death 
or serious bodily harm to any person.

                    authorization during time of war

    Sec. 404.\34\ Notwithstanding any other provision of law, 
the President, through the Attorney General, may authorize the 
use of a pen register or trap and trace device without a court 
order under this title to acquire foreign intelligence 
information for a period not to exceed 15 calendar days 
following a declaration of war by Congress.
---------------------------------------------------------------------------
    \34\ 50 U.S.C. 1844.
---------------------------------------------------------------------------

                           use of information

    Sec. 405.\35\ (a)(1) Information acquired from the use of a 
pen register or trap and trace device installed pursuant to 
this title concerning any United States person may be used and 
disclosed by Federal officers and employees without the consent 
of the United States person only in accordance with the 
provisions of this section.
---------------------------------------------------------------------------
    \35\ 50 U.S.C. 1845.
---------------------------------------------------------------------------
    (2) No information acquired from a pen register or trap and 
trace device installed and used pursuant to this title may be 
used or disclosed by Federal officers or employees except for 
lawful purposes.
    (b) No information acquired pursuant to this title shall be 
disclosed for law enforcement purposes unless such disclosure 
is accompanied by a statement that such information, or any 
information derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the Attorney 
General.
    (c) Whenever the United States intends to enter into 
evidence or otherwise use or disclose in any trial, hearing, or 
other proceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the United 
States against an aggrieved person any information obtained or 
derived from the use of a pen register or trap and trace device 
pursuant to this title, the United States shall, before the 
trial, hearing, or the other proceeding or at a reasonable time 
before an effort to so disclose or so use that information or 
submit it in evidence, notify the aggrieved person and the 
court or other authority in which the information is to be 
disclosed or used that the United States intends to so disclose 
or so use such information.
    (d) Whenever any State or political subdivision thereof 
intends to enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before any court, 
department, officer, agency, regulatory body, or other 
authority of the State or political subdivision thereof against 
an aggrieved person any information obtained or derived from 
the use of a pen register or trap and trace device pursuant to 
this title, the State or political subdivision thereof shall 
notify the aggrieved person, the court or other authority in 
which the information is to be disclosed or used, and the 
Attorney General that the State or political subdivision 
thereof intends to so disclose or so use such information.
    (e)(1) Any aggrieved person against whom evidence obtained 
or derived from the use of a pen register or trap and trace 
device is to be, or has been, introduced or otherwise used or 
disclosed in any trial, hearing, or other proceeding in or 
before any court, department, officer, agency, regulatory body, 
or other authority of the United States, or a State or 
political subdivision thereof, may move to suppress the 
evidence obtained or derived from the use of the pen register 
or trap and trace device, as the case may be, on the grounds 
that--
          (A) the information was unlawfully acquired; or
          (B) the use of the pen register or trap and trace 
        device, as the case may be, was not made in conformity 
        with an order of authorization or approval under this 
        title.
    (2) A motion under paragraph (1) shall be made before the 
trial, hearing, or other proceeding unless there was no 
opportunity to make such a motion or the aggrieved person 
concerned was not aware of the grounds of the motion.
    (f)(1) Whenever a court or other authority is notified 
pursuant to subsection (c) or (d), whenever a motion is made 
pursuant to subsection (e), or whenever any motion or request 
is made by an aggrieved person pursuant to any other statute or 
rule of the United States or any State before any court or 
other authority of the United States or any State to discover 
or obtain applications or orders or other materials relating to 
the use of a pen register or trap and trace device authorized 
by this title or to discover, obtain, or suppress evidence or 
information obtained or derived from the use of a pen register 
or trap and trace device authorized by this title, the United 
States district court or, where the motion is made before 
another authority, the United States district court in the same 
district as the authority shall, notwithstanding any other 
provision of law and if the Attorney General files an affidavit 
under oath that disclosure or any adversary hearing would harm 
the national security of the United States, review in camera 
and ex parte the application, order, and such other materials 
relating to the use of the pen register or trap and trace 
device, as the case may be, as may be necessary to determine 
whether the use of the pen register or trap and trace device, 
as the case may be, was lawfully authorized and conducted.
    (2) In making a determination under paragraph (1), the 
court may disclose to the aggrieved person, under appropriate 
security procedures and protective orders, portions of the 
application, order, or other materials relating to the use of 
the pen register or trap and trace device, as the case may be, 
or may require the Attorney General to provide to the aggrieved 
person a summary of such materials, only where such disclosure 
is necessary to make an accurate determination of the legality 
of the use of the pen register or trap and trace device, as the 
case may be.
    (g)(1) If the United States district court determines 
pursuant to subsection (f) that the use of a pen register or 
trap and trace device was not lawfully authorized or conducted, 
the court may, in accordance with the requirements of law, 
suppress the evidence which was unlawfully obtained or derived 
from the use of the pen register or trap and trace device, as 
the case may be, or otherwise grant the motion of the aggrieved 
person.
    (2) If the court determines that the use of the pen 
register or trap and trace device, as the case may be, was 
lawfully authorized or conducted, it may deny the motion of the 
aggrieved person except to the extent that due process requires 
discovery or disclosure.
    (h) Orders granting motions or requests under subsection 
(g), decisions under this section that the use of a pen 
register or trap and trace device was not lawfully authorized 
or conducted, and orders of the United States district court 
requiring review or granting disclosure of applications, 
orders, or other materials relating to the installation and use 
of a pen register or trap and trace device shall be final 
orders and binding upon all courts of the United States and the 
several States except a United States Court of Appeals or the 
Supreme Court.

                        congressional oversight

    Sec. 406.\36\ (a) On a semiannual basis, the Attorney 
General shall fully inform the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate concerning all uses of 
pen registers and trap and trace devices pursuant to this 
title.
---------------------------------------------------------------------------
    \36\ 50 U.S.C. 1846.
---------------------------------------------------------------------------
    (b) On a semiannual basis, the Attorney General shall also 
provide to the committees referred to in subsection (a) and to 
the Committees on the Judiciary of the House of Representatives 
and the Senate a report setting forth with respect to the 
preceding 6-month period--
          (1) the total number of applications made for orders 
        approving the use of pen registers or trap and trace 
        devices under this title; and
          (2) the total number of such orders either granted, 
        modified, or denied.

 TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                             PURPOSES \37\

                              definitions

    Sec. 501.\38\ As used in this title:
---------------------------------------------------------------------------
    \37\ Added by sec. 602 of Public Law 105-272 (112 Stat. 2410).
    \38\ 50 U.S.C. 1861.
---------------------------------------------------------------------------
          (1) The terms ``foreign power'', ``agent of a foreign 
        power'', ``foreign intelligence information'', 
        ``international terrorism'', and ``Attorney General'' 
        shall have the same meanings as in section 101 of this 
        Act.
          (2) The term ``common carrier'' means any person or 
        entity transporting people or property by land, rail, 
        water, or air for compensation.
          (3) The term ``physical storage facility'' means any 
        business or entity that provides space for the storage 
        of goods or materials, or services related to the 
        storage of goods or materials, to the public or any 
        segment thereof.
          (4) The term ``public accommodation facility'' means 
        any inn, hotel, motel, or other establishment that 
        provides lodging to transient guests.
          (5) The term ``vehicle rental facility'' means any 
        person or entity that provides vehicles for rent, 
        lease, loan, or other similar use to the public or any 
        segment thereof.

    access to certain business records for foreign intelligence and 
                 international terrorism investigations

    Sec. 502.\39\ (a) The Director of the Federal Bureau of 
Investigation or a designee of the Director (whose rank shall 
be no lower than Assistant Special Agent in Charge) may make an 
application for an order authorizing a common carrier, public 
accommodation facility, physical storage facility, or vehicle 
rental facility to release records in its possession for an 
investigation to gather foreign intelligence information or an 
investigation concerning international terrorism which 
investigation is being conducted by the Federal Bureau of 
Investigation under such guidelines as the Attorney General 
approves pursuant to Executive Order No. 12333, or a successor 
order.
---------------------------------------------------------------------------
    \39\ 50 U.S.C. 1862.
---------------------------------------------------------------------------
    (b) Each application under this section--
          (1) shall be made to--
                  (A) a judge of the court established by 
                section 103(a) of this Act; or
                  (B) a United States Magistrate Judge under 
                chapter 43 of title 28, United States Code, who 
                is publicly designated by the Chief Justice of 
                the United States to have the power to hear 
                applications and grant orders for the release 
                of records under this section on behalf of a 
                judge of that court; and
          (2) shall specify that--
                  (A) the records concerned are sought for an 
                investigation described in subsection (a); and
                  (B) there are specific and articulable facts 
                giving reason to believe that the person to 
                whom the records pertain is a foreign power or 
                an agent of a foreign power.
    (c)(1) Upon application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as 
modified, approving the release of records if the judge finds 
that the application satisfies the requirements of this 
section.
    (2) An order under this subsection shall not disclose that 
it is issued for purposes of an investigation described in 
subsection (a).
    (d)(1) Any common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility shall 
comply with an order under subsection (c).
    (2) No common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility, or 
officer, employee, or agent thereof, shall disclose to any 
person (other than those officers, agents, or employees of such 
common carrier, public accommodation facility, physical storage 
facility, or vehicle rental facility necessary to fulfill the 
requirement to disclose information to the Federal Bureau of 
Investigation under this section) that the Federal Bureau of 
Investigation has sought or obtained records pursuant to an 
order under this section.

                        congressional oversight

    Sec. 503.\40\ (a) On a semiannual basis, the Attorney 
General shall fully inform the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate concerning all requests 
for records under this title.
---------------------------------------------------------------------------
    \40\ 50 U.S.C. 1863.
---------------------------------------------------------------------------
    (b) On a semiannual basis, the Attorney General shall 
provide to the Committees on the Judiciary of the House of 
Representatives and the Senate a report setting forth with 
respect to the preceding 6-month period--
          (1) the total number of applications made for orders 
        approving requests for records under this title; and
          (2) the total number of such orders either granted, 
        modified, or denied.

                        TITLE VI--EFFECTIVE DATE

                             effective date

    Sec. 601.\41\ The provisions of this Act and the amendments 
made hereby shall become effective upon the date of enactment 
of this Act, except that any electronic surveillance approved 
by the Attorney General to gather foreign intelligence 
information shall not be deemed unlawful for failure to follow 
the procedures of this Act, if that surveillance is terminated 
or an order approving that surveillance is obtained under title 
I of this Act within ninety days following the designation of 
the first judge pursuant to section 103 of this Act
---------------------------------------------------------------------------
    \41\ 50 U.S.C. 1801 note. This section and title were originally 
enacted as sec. 301 and title III; sec. 807 of the Intelligence 
Authorization Act for Fiscal Year 1995 (Public Law 103-359; 108 Stat. 
3443) redesignated same as sec. 401 and title IV, respectively, and 
added a new title III. Sec. 601 of the Intelligence Authorization Act 
for Fiscal Year 1999 (Public Law 105-272; 112 Stat. 2404) subsequently 
redesignated this title and section as title VI and sec. 601, 
respectively, and added new title IV. Sec. 602 of that Act added a new 
title V.
               (2) United States Intelligence Activities

 Executive Order 12333, December 4, 1981, 46 F.R. 59941, 50 U.S.C. 401 
                                note \1\

                           TABLE OF CONTENTS

                                                                   Page

Preamble.........................................................   824

Part 1. Goals, Direction, Duties, and Responsibilities With Respect to 
                 the      National Intelligence Effort

1.1  Goals.......................................................   825
1.2  The National Security Council...............................   825
1.3  National Foreign Intelligence Advisory Groups...............   826
1.4  The Intelligence Community..................................   826
1.5  Director of Central Intelligence............................   826
1.6  Duties and Responsibilities of the Heads of Executive Branch 
    Departments and Agencies.....................................   828
1.7  Senior Officials of the Intelligence Community..............   829
1.8  The Central Intelligence Agency.............................   829
1.9  The Department of State.....................................   830
1.10 The Department of the Treasury..............................   830
1.11 The Department of Defense...................................   831
1.12 Intelligence Components Utilized by the Secretary of Defense   832
1.13 The Department of Energy....................................   834
1.14 The Federal Bureau of Investigation.........................   834

               Part 2. Conduct of Intelligence Activities

2.1  Need........................................................   834
2.2  Purpose.....................................................   835
2.3  Collection of Information...................................   835
2.4  Collection Techniques.......................................   836
2.5  Attorney General Approval...................................   836
2.6  Assistance to Law Enforcement Authorities...................   837
2.7  Contracting.................................................   837
2.8  Consistency With Other Laws.................................   837
2.9  Undisclosed Participation in Organizations Within the United 
    States.......................................................   837
2.10 Human Experimentation.......................................   837
2.11 Prohibition on Assassination................................   838
2.12 Indirect Participation......................................   838

                       Part 3. General Provisions

3.1  Congressional Oversight.....................................   838
3.2  Implementation..............................................   838
3.3  Procedures..................................................   838
3.4  Definitions.................................................   838
3.5  Purpose and Effect..........................................   840
3.6  Revocation..................................................   840

    Timely and accurate information about the activities, 
capabilities, plans, and intentions of foreign powers, 
organizations, and persons, and their agents, is essential to 
the national security of the United States. All reasonable and 
lawful means must be used to ensure that the United States will 
receive the best intelligence available. For that purpose, by 
virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, including the 
National Security Act of 1947, as amended, and as President of 
the United States of America, in order to provide for the 
effective conduct of United States intelligence activities and 
the protection of constitutional rights, it is hereby ordered 
as follows:
---------------------------------------------------------------------------
    \1\ Executive Order 12333 revoked Executive Order 12036 of January 
24, 1978 (43 F.R. 3674), as amended, which had addressed U.S. 
intelligence activities. That Order, in turn, had revoked Executive 
Order 11905 of February 18, 1976 (41 F.R. 7703), as amended.
---------------------------------------------------------------------------

                                 PART 1

Goals, Direction, Duties and Responsibilities With Respect to 
        the National Intelligence Effort

    1.1  Goals. The United States intelligence effort shall 
provide the President and the National Security Council with 
the necessary information on which to base decisions concerning 
the conduct and development of foreign, defense and economic 
policy, and the protection of United States national interests 
from foreign security threats. All departments and agencies 
shall cooperate fully to fulfill this goal:
          (a) Maximum emphasis should be given to fostering 
        analytical competition among appropriate elements of 
        the Intelligence Community.
          (b) All means, consistent with applicable United 
        States law and this Order, and with full consideration 
        of the rights of United States persons, shall be used 
        to develop intelligence information for the President 
        and the National Security Council. A balanced approach 
        between technical collection efforts and other means 
        should be maintained and encouraged.
          (c) Special emphasis should be given to detecting and 
        countering espionage and other threats and activities 
        directed by foreign intelligence services against the 
        United States Government, or United States 
        corporations, establishments, or persons.
          (d) To the greatest extent possible consistent with 
        applicable United States law and this Order, and with 
        full consideration of the rights of United States 
        persons, all agencies and departments should seek to 
        ensure full and free exchange of information in order 
        to derive maximum benefit from the United States 
        intelligence effort.
    1.2  The National Security Council.
    (a) Purpose. The National Security Council (NSC) was 
established by the National Security Act of 1947 to advise the 
President with respect to the integration of domestic, foreign 
and military policies relating to the national security. The 
NSC shall act as the highest Executive Branch entity that 
provides review of, guidance for and direction to the conduct 
of all national foreign intelligence, counterintelligence, and 
special activities, and attendant policies and programs.
    (b) Committees. The NSC shall establish such committees as 
may be necessary to carry out its functions and 
responsibilities under this Order. The NSC, or a committee 
established by it, shall consider and submit to the President a 
policy recommendation, including all dissents, on each special 
activity and shall review proposals for other sensitive 
intelligence operations.
    1.3  National Foreign Intelligence Advisory Groups.
    (a) Establishment and Duties. The Director of Central 
Intelligence shall establish such boards, councils, or groups 
as required for the purpose of obtaining advice from within the 
Intelligence Community concerning:
          (1) Production, review and coordination of national 
        foreign intelligence;
          (2) Priorities for the National Foreign Intelligence 
        Program budget;
          (3) Interagency exchanges of foreign intelligence 
        information;
          (4) Arrangements with foreign governments on 
        intelligence matters;
          (5) Protection of intelligence sources and methods;
          (6) Activities of common concern; and
          (7) Such other matters as may be referred by the 
        Director of Central Intelligence.
    (b) Membership. Advisory groups established pursuant to 
this section shall be chaired by the Director of Central 
Intelligence or his designated representative and shall consist 
of senior representatives from organizations within the 
Intelligence Community and from departments or agencies 
containing such organizations, as designated by the Director of 
Central Intelligence. Groups for consideration of substantive 
intelligence matters will include representatives of 
organizations involved in the collection, processing and 
analysis of intelligence. A senior representative of the 
Secretary of Commerce, the Attorney General, the Assistant to 
the President for National Security Affairs, and the Office of 
the Secretary of Defense shall be invited to participate in any 
group which deals with other than substantive intelligence 
matters.
    1.4  The Intelligence Community. The agencies within the 
Intelligence Community shall, in accordance with applicable 
United States law and with the other provisions of this Order, 
conduct intelligence activities necessary for the conduct of 
foreign relations and the protection of the national security 
of the United States, including:
          (a) Collection of information needed by the 
        President, the National Security Council, the 
        Secretaries of State and Defense, and other Executive 
        Branch officials for the performance of their duties 
        and responsibilities;
          (b) Production and dissemination of intelligence;
          (c) Collection of information concerning, and the 
        conduct of activities to protect against, intelligence 
        activities directed against the United States, 
        international terrorist and international narcotics 
        activities, and other hostile activities directed 
        against the United States by foreign powers, 
        organizations, persons, and their agents;
          (d) Special activities;
          (e) Administrative and support activities within the 
        United States and abroad necessary for the performance 
        of authorized activities; and
          (f) Such other intelligence activities as the 
        President may direct from time to time.
    1.5  Director of Central Intelligence. In order to 
discharge the duties and responsibilities prescribed by law, 
the Director of Central Intelligence shall be responsible 
directly to the President and the NSC and shall:
          (a) Act as the primary adviser to the President and 
        the NSC on national foreign intelligence and provide 
        the President and other officials in the Executive 
        Branch with national foreign intelligence;
          (b) Develop such objectives and guidance for the 
        Intelligence Community as will enhance capabilities for 
        responding to expected future needs for national 
        foreign intelligence;
          (c) Promote the development and maintenance of 
        services of common concern by designated intelligence 
        organizations on behalf of the Intelligence Community;
          (d) Ensure implementation of special activities;
          (e) Formulate policies concerning foreign 
        intelligence and counterintelligence arrangements with 
        foreign governments, coordinate foreign intelligence 
        and counterintelligence relationships between agencies 
        of the Intelligence Community and the intelligence or 
        internal security services of foreign governments, and 
        establish procedures governing the conduct of liaison 
        by any department or agency with such services on 
        narcotics activities;
          (f) Participate in the development of procedures 
        approved by the Attorney General governing criminal 
        narcotics intelligence activities abroad to ensure that 
        these activities are consistent with foreign 
        intelligence programs;
          (g) Ensure the establishment by the Intelligence 
        Community of common security and access standards for 
        managing and handling foreign intelligence systems, 
        information, and products;
          (h) Ensure that programs are developed which protect 
        intelligence sources, methods, and analytical 
        procedures;
          (i) Establish uniform criteria for the determination 
        of relative priorities for the transmission of critical 
        national foreign intelligence, and advise the Secretary 
        of Defense concerning the communications requirements 
        of the Intelligence Community for the transmission of 
        such intelligence;
          (j) Establish appropriate staffs, committees, or 
        other advisory groups to assist in the execution of the 
        Director's responsibilities;
          (k) Have full responsibility for production and 
        dissemination of national foreign intelligence, and 
        authority to levy analytic tasks on departmental 
        intelligence production organizations, in consultation 
        with those organizations, ensuring that appropriate 
        mechanisms for competitive analysis are developed so 
        that diverse points of view are considered fully and 
        differences of judgment within the Intelligence 
        Community are brought to the attention of national 
        policymakers;
          (l) Ensure the timely exploitation and dissemination 
        of data gathered by national foreign intelligence 
        collection means, and ensure that the resulting 
        intelligence is disseminated immediately to appropriate 
        government entities and military commands;
          (m) Establish mechanisms which translate national 
        foreign intelligence objectives and priorities approved 
        by the NSC into specific guidance for the Intelligence 
        Community, resolve conflicts in tasking priority, 
        provide to departments, and agencies having information 
        collection capabilities that are not part of the 
        National Foreign Intelligence Program advisory tasking 
        concerning collection of national foreign intelligence, 
        and provide for the development of plans and 
        arrangements for transfer of required collection 
        tasking authority to the Secretary of Defense when 
        directed by the President;
          (n) Develop, with the advice of the program managers 
        and departments and agencies concerned, the 
        consolidated National Foreign Intelligence Program 
        budget, and present it to the President and the 
        Congress;
          (o) Review and approve all requests for reprogramming 
        National Foreign Intelligence Program funds, in 
        accordance with guidelines established by the Office of 
        Management and Budget;
          (p) Monitor National Foreign Intelligence Program 
        implementation, and, as necessary, conduct program and 
        performance audits and evaluations;
          (q) Together with the Secretary of Defense, ensure 
        that there is no unnecessary overlap between national 
        foreign intelligence programs and Department of Defense 
        intelligence programs consistent with the requirement 
        to develop competitive analysis, and provide to and 
        obtain from the Secretary of Defense all information 
        necessary for this purpose;
          (r) In accordance with law and relevant procedures 
        approved by the Attorney General under this Order, give 
        the heads of the departments and agencies access to all 
        intelligence, developed by the CIA or the staff 
        elements of the Director of Central Intelligence, 
        relevant to the national intelligence needs of the 
        departments and agencies; and
          (s) Facilitate the use of national foreign 
        intelligence products by Congress in a secure manner.
    1.6  Duties and Responsibilities of the Heads of Executive 
Branch Departments and Agencies.
    (a) The heads of all Executive Branch departments and 
agencies shall, in accordance with law and relevant procedures 
approved by the Attorney General under this Order, give the 
Director of Central Intelligence access to all information 
relevant to the national intelligence needs of the United 
States, and shall give due consideration to the requests from 
the Director of Central Intelligence for appropriate support 
for Intelligence Community activities.
    (b) The heads of departments and agencies involved in the 
National Foreign Intelligence Program shall ensure timely 
development and submission to the Director of Central 
Intelligence by the program managers and heads of component 
activities of proposed national programs and budgets in the 
format designated by the Director of Central Intelligence, and 
shall also ensure that the Director of Central Intelligence is 
provided, in a timely and responsive manner, all information 
necessary to perform the Director's program and budget 
responsibilities.
    (c) The heads of departments and agencies involved in the 
National Foreign Intelligence Program may appeal to the 
President decisions by the Director of Central Intelligence on 
budget or reprogramming matters of the National Foreign 
Intelligence Program.
    1.7  Senior Officials of the Intelligence Community. The 
heads of departments and agencies with organizations in the 
Intelligence Community or the heads of such organizations, as 
appropriate shall:
          (a) Report to the Attorney General possible 
        violations of federal criminal laws by employees and of 
        specified federal criminal laws by any other person as 
        provided in procedures agreed upon by the Attorney 
        General and the head of the department or agency 
        concerned, in a manner consistent with the protection 
        of intelligence sources and methods, as specified in 
        those procedures;
          (b) In any case involving serious or continuing 
        breaches of security, recommend to the Attorney General 
        that the case be referred to the FBI for further 
        investigation;
          (c) Furnish the Director of Central Intelligence and 
        the NSC, in accordance with applicable law and 
        procedures approved by the Attorney General under this 
        Order, the information required for the performance of 
        their respective duties;
          (d) Report to the Intelligence Oversight Board, and 
        keep the Director of Central Intelligence appropriately 
        informed, concerning any intelligence activities of 
        their organizations that they have reason to believe 
        may be unlawful or contrary to Executive order or 
        Presidential directive;
          (e) Protect intelligence and intelligence sources and 
        methods from unauthorized disclosure consistent with 
        guidance from the Director of Central Intelligence;
          (f) Disseminate intelligence to cooperating foreign 
        governments under arrangements established or agreed to 
        by the Director of Central Intelligence;
          (g) Participate in the development of procedures 
        approved by the Attorney General governing production 
        and dissemination of intelligence resulting from 
        criminal narcotics intelligence activities abroad if 
        their departments, agencies, or organizations have 
        intelligence responsibilities for foreign or domestic 
        narcotics production and trafficking;
          (h) Instruct their employees to cooperate fully with 
        the Intelligence Oversight Board; and
          (i) Ensure that the Inspectors General and General 
        Counsels for their organizations have access to any 
        information necessary to perform their duties assigned 
        by this Order.
    1.8  The Central Intelligence Agency. All duties and 
responsibilities of the CIA shall be related to the 
intelligence functions set out below. As authorized by this 
Order; the National Security Act of 1947, as amended; the CIA 
Act of 1949, as amended; appropriate directives or other 
applicable law, the CIA shall:
          (a) Collect, produce and disseminate foreign 
        intelligence and counterintelligence, including 
        information not otherwise obtainable. The collection of 
        foreign intelligence or counterintelligence within the 
        United States shall be coordinated with the FBI as 
        required by procedures agreed upon by the Director of 
        Central Intelligence and the Attorney General;
          (b) Collect, produce and disseminate intelligence on 
        foreign aspects of narcotics production and 
        trafficking;
          (c) Conduct counterintelligence activities outside 
        the United States and, without assuming or performing 
        any internal security functions, conduct 
        counterintelligence activities within the United States 
        in coordination with the FBI as required by procedures 
        agreed upon the Director of Central Intelligence and 
        the Attorney General;
          (d) Coordinate counterintelligence activities and the 
        collection of information not otherwise obtainable when 
        conducted outside the United States by other 
        departments and agencies;
          (e) Conduct special activities approved by the 
        President. No agency except the CIA (or the Armed 
        Forces of the United States in time of war declared by 
        Congress or during any period covered by a report from 
        the President to the Congress under the War Powers 
        Resolution (87 Stat. 855)) may conduct any special 
        activity unless the President determines that another 
        agency is more likely to achieve a particular 
        objective;
          (f) Conduct services of common concern for the 
        Intelligence Community as directed by the NSC;
          (g) Carry out or contract for research, development 
        and procurement of technical systems and devices 
        relating to authorized functions;
          (h) Protect the security of its installations, 
        activities, information, property, and employees by 
        appropriate means, including such investigations of 
        applicants, employees, contractors, and other persons 
        with similar associations with the CIA as are 
        necessary; and
          (i) Conduct such administrative and technical support 
        activities within and outside the United States as are 
        necessary to perform the functions described in 
        sections (a) and through (h) above, including 
        procurement and essential cover and proprietary 
        arrangements.
    1.9  The Department of State. The Secretary of State shall:
          (a) Overtly collect information relevant to United 
        States foreign policy concerns;
          (b) Produce and disseminate foreign intelligence 
        relating to United States foreign policy as required 
        for the execution of the Secretary's responsibilities;
          (c) Disseminate, as appropriate, reports received 
        from United States diplomatic and consular posts;
          (d) Transmit reporting requirements of the 
        Intelligence Community to the Chiefs of United States 
        Missions abroad; and
          (e) Support Chiefs of Missions in discharging their 
        statutory responsibilities for direction and 
        coordination of mission activities.
    1.10  The Department of the Treasury. The Secretary of the 
Treasury shall:
          (a) Overtly collect foreign financial and monetary 
        information;
          (b) Participate with the Department of State in the 
        overt collection of general foreign economic 
        information;
          (c) Produce and disseminate foreign intelligence 
        relating to United States economic policy as required 
        for the execution of the Secretary's responsibilities; 
        and
          (d) Conduct, through the United States Secret 
        Service, activities to determine the existence and 
        capability of surveillance equipment being used against 
        the President of the United States, the Executive 
        Office of the President, and, as authorized by the 
        Secretary of the Treasury or the President, other 
        Secret Service protectees and United States officials. 
        No information shall be acquired intentionally through 
        such activities except to protect against such 
        surveillance, and those activities shall be conducted 
        pursuant to procedures agreed upon by the Secretary of 
        the Treasury and the Attorney General.
    1.11  The Department of Defense. The Secretary of Defense 
shall:
          (a) Collect national foreign intelligence and be 
        responsive to collection tasking by the Director of 
        Central Intelligence;
          (b) Collect, produce and disseminate military and 
        military-related foreign intelligence and 
        counterintelligence as required for execution of the 
        Secretary's responsibilities;
          (c) Conduct programs and missions necessary to 
        fulfill national, departmental and tactical foreign 
        intelligence requirements;
          (d) Conduct counterintelligence activities in support 
        of Department of Defense components outside the United 
        States in coordination with the CIA, and within the 
        United States in coordination with the FBI pursuant to 
        procedures agreed upon by the Secretary of Defense and 
        the Attorney General;
          (e) Conduct, as the executive agent of the United 
        States Government signals intelligence and 
        communications security activities, except as otherwise 
        directed by the NSC;
          (f) Provide for the timely transmission of critical 
        intelligence, as defined by the Director of Central 
        Intelligence, within the United States Government;
          (g) Carry out or contract for research, development 
        and procurement of technical systems and devices 
        relating to authorized intelligence functions;
          (h) Protect the security of Department of Defense 
        installations, activities, property, information, and 
        employees by appropriate means, including such 
        investigations of applicants, employees, contractors, 
        and other persons with similar associations with the 
        Department of Defense as are necessary;
          (i) Establish and maintain military intelligence 
        relationships and military intelligence exchange 
        programs with selected cooperative foreign defense 
        establishments and international organizations, and 
        ensure that such relationships and programs are in 
        accordance with policies formulated by the Director of 
        Central Intelligence;
          (j) Direct, operate control and provide fiscal 
        management for the National Security Agency and for 
        defense and military intelligence and national 
        reconnaissance entities; and
          (k) Conduct such administrative and technical support 
        activities within and outside the United States as are 
        necessary to perform the functions described in 
        sections (a) through (j) above.
    1.12  Intelligence Components Utilized by the Secretary of 
Defense. In carrying out the responsibilities assigned in 
section 1.11, the Secretary of Defense is authorized to utilize 
the following:
          (a) Defense Intelligence Agency, whose 
        responsibilities shall include:
                  (1) Collection, production, or, through 
                tasking and coordination, provision of military 
                and military-related intelligence for the 
                Secretary of Defense, the Joint Chiefs of 
                Staff, other Defense components, and, as 
                appropriate, non-Defense agencies;
                  (2) Collection and provision of military 
                intelligence for national foreign intelligence 
                and counterintelligence products;
                  (3) Coordination of all Department of Defense 
                intelligence collection requirements;
                  (4) Management of the Defense Attache system; 
                and
                  (5) Provision of foreign intelligence and 
                counterintelligence staff support as directed 
                by the Joint Chiefs of Staff.
          (b) National Security Agency, whose responsibilities 
        shall include:
                  (1) Establishment and operation of an 
                effective unified organization for signals 
                intelligence activities, except for the 
                delegation of operational control over certain 
                operations that are conducted through other 
                elements of the Intelligence Community. No 
                other department or agency may engage in 
                signals intelligence activities except pursuant 
                to a delegation by the Secretary of Defense;
                  (2) Control of signals intelligence 
                collection and processing activities, including 
                assignment of resources to an appropriate agent 
                for such periods and tasks as required for the 
                direct support of military commanders;
                  (3) Collection of signals intelligence 
                information for national foreign intelligence 
                purposes in accordance with guidance from the 
                Director of Central Intelligence;
                  (4) Processing of signals intelligence data 
                for national foreign intelligence purposes in 
                accordance with guidance from the Director of 
                Central Intelligence;
                  (5) Dissemination of signals intelligence 
                information for national foreign intelligence 
                purposes to authorized elements of the 
                Government, including the military services, in 
                accordance with guidance from the Director of 
                Central Intelligence;
                  (6) Collection processing and dissemination 
                of signals intelligence information for 
                counterintelligence purposes;
                  (7) Provision of signals intelligence support 
                for the conduct of military operations in 
                accordance with tasking, priorities, and 
                standards of timeliness assigned by the 
                Secretary of Defense. If provision of such 
                support requires use of national collection 
                systems, these systems will be tasked within 
                existing guidance from the Director of Central 
                Intelligence;
                  (8) Executing the responsibilities of the 
                Secretary of Defense as executive agent for the 
                communications security of the United States 
                Government;
                  (9) Conduct of research and development to 
                meet the needs of the United States for signals 
                intelligence and communications security;
                  (10) Protection of the security of its 
                installations, activities, property, 
                information, and employees by appropriate 
                means, including such investigations of 
                applicants, employees, contractors, and other 
                persons with similar associations with the NSA 
                as are necessary;
                  (11) Prescribing, within its field of 
                authorized operations, security regulations 
                covering operating practices, including the 
                transmission, handling and distribution of 
                signals intelligence and communications 
                security material within and among the elements 
                under control of the Director of the NSA, and 
                exercising the necessary supervisory control to 
                ensure compliance with the regulations;
                  (12) Conduct of foreign cryptologic liaison 
                relationships, with liaison for intelligence 
                purposes conducted in accordance with policies 
                formulated by the Director of Central 
                Intelligence; and
                  (13) Conduct of such administrative and 
                technical support activities within and outside 
                the United States as are necessary to perform 
                the functions described in sections (1) through 
                (12) above, including procurement.
          (c) Offices for the collection of specialized 
        intelligence through reconnaissance programs, whose 
        responsibilities shall include:
                  (1) Carrying out consolidated reconnaissance 
                programs for specialized intelligence;
                  (2) Responding to tasking in accordance with 
                procedures established by the Director of 
                Central Intelligence; and
                  (3) Delegating authority to the various 
                departments and agencies for research, 
                development, procurement, and operation of 
                designated means of collection.
          (d) The foreign intelligence and counterintelligence 
        elements of the Army, Navy, Air Force, and Marine 
        Corps, whose responsibilities shall include:
                  (1) Collection, production and dissemination 
                of military and military-related foreign 
                intelligence and counterintelligence, and 
                information on the foreign aspects of narcotics 
                production and trafficking. When collection is 
                conducted in response to national foreign 
                intelligence requirements, it will be conducted 
                in accordance with guidance from the Director 
                of Central Intelligence. Collection of national 
                foreign intelligence, not otherwise obtainable, 
                outside the United States shall be coordinated 
                with the CIA and such collection within the 
                United States shall be coordinated with the 
                FBI;
                  (2) Conduct of counterintelligence activities 
                outside the United States in coordination with 
                the CIA, and within the United States in 
                coordination with the FBI; and
                  (3) Monitoring of the development, 
                procurement and management of tactical 
                intelligence systems and equipment and 
                conducting related research, development, and 
                test and evaluation activities.
          (e) Other offices within the Department of Defense 
        appropriate for conduct of the intelligence missions 
        and responsibilities assigned to the Secretary of 
        Defense. If such other offices are used for 
        intelligence purposes, the provisions of Part 2 of this 
        Order shall apply to those offices when used for those 
        purposes.
    1.13  The Department of Energy. The Secretary of Energy 
shall:
          (a) Participate with the Department of State in 
        overtly collecting information with respect to foreign 
        energy matters;
          (b) Produce and disseminate foreign intelligence 
        necessary for the Secretary's responsibilities;
          (c) Participate in formulating intelligence 
        collection and analysis requirements where the special 
        expert capability of the Department can contribute; and
          (d) Provide expert technical, analytical and research 
        capability to other agencies within the Intelligence 
        Community.
    1.14  The Federal Bureau of Investigation. Under the 
supervision of the Attorney General and pursuant to such 
regulations as the Attorney General may establish, the Director 
of the FBI shall:
          (a) Within the United States conduct 
        counterintelligence and coordinate counterintelligence 
        activities of other agencies within the Intelligence 
        Community. When a counterintelligence activity of the 
        FBI involves military or civilian personnel of the 
        Department of Defense, the FBI shall coordinate with 
        the Department of Defense;
          (b) Conduct counterintelligence activities outside 
        the United States in coordination with the CIA as 
        required by procedures agreed upon by the Director of 
        Central Intelligence and the Attorney General;
          (c) Conduct within the United States, when requested 
        by officials of the Intelligence Community designated 
        by the President, activities undertaken to collect 
        foreign intelligence or support foreign intelligence 
        collection requirements of other agencies within the 
        Intelligence Community, or, when requested by the 
        Director of the National Security Agency, to support 
        the communications security activities of the United 
        States Government;
          (d) Produce and disseminate foreign intelligence and 
        counterintelligence; and
          (e) Carry out or contract for research, development 
        and procurement of technical systems and devices 
        relating to the functions authorized above.

                                 PART 2

Conduct of Intelligence Activities

    2.1  Need. Accurate and timely information about the 
capabilities, intentions and activities of foreign powers, 
organizations, or persons and their agents is essential to 
informed decisionmaking in the areas of national defense and 
foreign relations. Collection of such information is a priority 
objective and will be pursued in a vigorous, innovative and 
responsible manner that is consistent with the Constitution and 
applicable law and respectful of the principles upon which the 
United States was founded.
    2.2  Purpose. This Order is intended to enhance human and 
technical collection techniques, especially those undertaken 
abroad, and the acquisition of significant foreign 
intelligence, as well as the detection and countering of 
international terrorist activities and espionage conducted by 
foreign powers. Set forth below are certain general principles 
that, in addition to and consistent with applicable laws, are 
intended to achieve the proper balance between the acquisition 
of essential information and protection of individual 
interests. Nothing in this Order shall be construed to apply to 
or interfere with any authorized civil or criminal law 
enforcement responsibility of any department or agency.
    2.3  Collection of Information. Agencies within the 
Intelligence Community are authorized to collect, retain or 
disseminate information concerning United States persons only 
in accordance with procedures established by the head of the 
agency concerned and approved by the Attorney General, 
consistent with the authorities provided by Part 1 of this 
Order. Those procedures shall permit collection, retention and 
dissemination of the following types of information:
          (a) Information that is publicly available or 
        collected with the consent of the person concerned;
          (b) Information constituting foreign intelligence or 
        counterintelligence, including such information 
        concerning corporations or other commercial 
        organizations. Collection within the United States of 
        foreign intelligence not otherwise obtainable shall be 
        undertaken by the FBI or, when significant foreign 
        intelligence is sought, by other authorized agencies of 
        the Intelligence Community, provided that no foreign 
        intelligence collection by such agencies may be 
        undertaken for the purpose of acquiring information 
        concerning the domestic activities of United States 
        persons;
          (c) Information obtained in the course of a lawful 
        foreign intelligence, counterintelligence, 
        international narcotics or international terrorism 
        investigation;
          (d) Information needed to protect the safety of any 
        persons or organizations, including those who are 
        targets, victims or hostages of international terrorist 
        organizations;
          (e) Information needed to protect foreign 
        intelligence or counterintelligence sources or methods 
        from unauthorized disclosure. Collection within the 
        United States shall be undertaken by the FBI except 
        that other agencies of the Intelligence Community may 
        also collect such information concerning present or 
        former employees, present or former intelligence agency 
        contractors or their present or former employees, or 
        applicants for any such employment or contracting;
          (f) Information concerning persons who are reasonably 
        believed to be potential sources or contacts for the 
        purpose of determining their suitability or 
        credibility;
          (g) Information arising out of a lawful personnel, 
        physical or communications security investigation;
          (h) Information acquired by overhead reconnaissance 
        not directed at specific United States persons;
          (i) Incidentally obtained information that may 
        indicate involvement in activities that may violate 
        federal, state, local or foreign laws; and
          (j) Information necessary for administrative 
        purposes.
    In addition, agencies within the Intelligence Community may 
disseminate information, other than information derived from 
signals intelligence, to each appropriate agency within the 
Intelligence Community for purposes of allowing the recipient 
agency to determine whether the information is relevant to its 
responsibilities and can be retained by it.
    2.4  Collection Techniques. Agencies within the 
Intelligence Community shall use the least intrusive collection 
techniques feasible within the United States or directed 
against United States persons abroad. Agencies are not 
authorized to use such techniques as electronic surveillance, 
unconsented physical search, mail surveillance, physical 
surveillance, or monitoring devices unless they are in 
accordance with procedures established by the head of the 
agency concerned and approved by the Attorney General. Such 
procedures shall protect constitutional and other legal rights 
and limit use of such information to lawful governmental 
purposes. These procedures shall not authorize:
          (a) The CIA to engage in electronic surveillance 
        within the United States except for the purpose of 
        training, testing, or conducting countermeasures to 
        hostile electronic surveillance;
          (b) Unconsented physical searches in the United 
        States by agencies other than the FBI, except for:
                  (1) Searches by counterintelligence elements 
                of the military services directed against 
                military personnel within the United States or 
                abroad for intelligence purposes, when 
                authorized by a military commander empowered to 
                approve physical searches for law enforcement 
                purposes, based upon a finding of probable 
                cause to believe that such persons are acting 
                as agents of foreign powers; and
                  (2) Searches by CIA of personal property of 
                non-United States persons lawfully in its 
                possession.
          (c) Physical surveillance of a United States person 
        in the United States by agencies other than the FBI, 
        except for:
                  (1) Physical surveillance of present or 
                former employees, present or former 
                intelligence agency contractors or their 
                present or former employees, or applicants for 
                any such employment or contracting; and
                  (2) Physical surveillance of a military 
                person employed by a nonintelligence element of 
                a military service.
          (d) Physical surveillance of a United States person 
        abroad to collect foreign intelligence, except to 
        obtain significant information that cannot reasonably 
        be acquired by other means.
    2.5  Attorney General Approval. The Attorney General hereby 
is delegated the power to approve the use for intelligence 
purposes, within the United States or against a United States 
person abroad, of any technique for which a warrant would be 
required if undertaken for law enforcement purposes, provided 
that such techniques shall not be undertaken unless the 
Attorney General has determined in each case that there is 
probable cause to believe that the technique is directed 
against a foreign power or an agent of a foreign power. 
Electronic surveillance, as defined in the Foreign Intelligence 
Surveillance Act of 1978, shall be conducted in accordance with 
that Act, as well as this Order.
    2.6  Assistance to Law Enforcement Authorities. Agencies 
within the Intelligence Community are authorized to:
          (a) Cooperate with appropriate law enforcement 
        agencies for the purpose of protecting the employees, 
        information, property and facilities of any agency 
        within the Intelligence Community;
          (b) Unless otherwise precluded by law or this Order, 
        participate in law enforcement activities to 
        investigate or prevent clandestine intelligence 
        activities by foreign powers, or international 
        terrorist or narcotics activities;
          (c) Provide specialized equipment, technical 
        knowledge, or assistance of expert personnel for use by 
        any department or agency, or, when lives are 
        endangered, to support local law enforcement agencies. 
        Provision of assistance by expert personnel shall be 
        approved in each case by the General Counsel of the 
        providing agency; and
          (d) Render any other assistance and cooperation to 
        law enforcement authorities not precluded by applicable 
        law.
    2.7  Contracting. Agencies within the Intelligence 
Community are authorized to enter into contracts or 
arrangements for the provision of goods or services with 
private companies or institutions in the United States and need 
not reveal the sponsorship of such contracts or arrangements 
for authorized intelligence purposes. Contracts or arrangements 
with academic institutions may be undertaken only with the 
consent of appropriate officials of the institution.
    2.8  Consistency With Other Laws. Nothing in this Order 
shall be construed to authorize any activity in violation of 
the Constitution or statutes of the United States.
    2.9 Undisclosed Participation in Organizations Within the 
United States. No one acting on behalf of agencies within the 
Intelligence Community may join or otherwise participate in any 
organization in the United States on behalf of any agency 
within the Intelligence Community without disclosing his 
intelligence affiliation to appropriate officials of the 
organization, except in accordance with procedures established 
by the head of the agency concerned and approved by the 
Attorney General. Such participation shall be authorized only 
if it is essential to achieving lawful purposes as determined 
by the agency head or designee. No such participation may be 
undertaken for the purpose of influencing the activity of the 
organization or its members except in cases where:
          (a) The participation is undertaken on behalf of the 
        FBI in the course of a lawful investigation; or
          (b) The organization concerned is composed primarily 
        of individuals who are not United States persons and is 
        reasonably believed to be acting on behalf of a foreign 
        power.
    2.10  Human Experimentation. No agency within the 
Intelligence Community shall sponsor, contract for or conduct 
research on human subjects except in accordance with guidelines 
issued by the Department of Health and Human Services. The 
subject's informed consent shall be documented as required by 
those guidelines.
    2.11  Prohibition on Assassination. No person employed by 
or acting on behalf of the United States Government shall 
engage in, or conspire to engage in, assassination.
    2.12  Indirect Participation. No agency of the Intelligence 
Community shall participate in or request any person to 
undertake activities forbidden by this Order.

                                 PART 3

General Provisions

    3.1  Congressional Oversight. The duties and 
responsibilities of the Director of Central Intelligence and 
the heads of other departments, agencies, and entities engaged 
in intelligence activities to cooperate with the Congress in 
the conduct of its responsibilities for oversight of 
intelligence activities shall be as provided in title 50, 
United States Code, section 413. The requirements of section 
662 of the Foreign Assistance Act of 1961, as amended (22 
U.S.C. 2422), and section 501 of the National Security Act of 
1947, as amended (50 U.S.C. 413), shall apply to all special 
activities as defined in this Order.
    3.2  Implementation. The NSC, the Secretary of Defense, the 
Attorney General, and the Director of Central Intelligence 
shall issue such appropriate directives and procedures as are 
necessary to implement this Order. Heads of agencies within the 
Intelligence Community shall issue appropriate supplementary 
directives and procedures consistent with this Order. The 
Attorney General shall provide a statement of reasons for not 
approving any procedures established by the head of an agency 
in the Intelligence Community other than the FBI. The National 
Security Council may establish procedures in instances where 
the agency head and the Attorney General are unable to reach 
agreement on other than constitutional or other legal grounds.
    3.3  Procedures. Until the procedures required by this 
Order have been established, the activities herein authorized 
which require procedures shall be conducted in accordance with 
existing procedures or requirements established under Executive 
Order No. 12036. Procedures required by this Order shall be 
established as expeditiously as possible. All procedures 
promulgated pursuant to this Order shall be made available to 
the congressional intelligence committees.
    3.4  Definitions. For the purposes of this Order, the 
following terms shall have these meanings:
          (a) Counterintelligence means information gathered 
        and activities conducted to protect against espionage, 
        other intelligence activities, sabotage, or 
        assassinations conducted for or on behalf of foreign 
        powers, organizations or persons, or international 
        terrorist activities, but not including personnel, 
        physical, document or communications security programs.
          (b) Electronic surveillance means acquisition of a 
        nonpublic communication by electronic means without the 
        consent of a person who is a party to an electronic 
        communication or, in the case of a nonelectronic 
        communication, without the consent of a person who is 
        visibly present at the place of communication, but not 
        including the use of radio direction-finding equipment 
        solely to determine the location of a transmitter.
          (c) Employee means a person employed by, assigned to 
        or acting for an agency within the Intelligence 
        Community.
          (d) Foreign intelligence means information relating 
        to the capabilities, intentions and activities of 
        foreign powers, organizations or persons, but not 
        including counterintelligence except for information on 
        international terrorist activities.
          (e) Intelligence activities means all activities that 
        agencies within the Intelligence Community are 
        authorized to conduct pursuant to this Order.
          (f) Intelligence Community and agencies within the 
        Intelligence Community refer to the following agencies 
        or organizations:
                  (1) The Central Intelligence Agency (CIA);
                  (2) The National Security Agency (NSA);
                  (3) The Defense Intelligence Agency (DIA);
                  (4) The offices within the Department of 
                Defense for the collection of specialized 
                national foreign intelligence through 
                reconnaissance programs;
                  (5) The Bureau of Intelligence and Research 
                of the Department of State;
                  (6) The intelligence elements of the Army, 
                Navy, Air Force, and Marine Corps, the Federal 
                Bureau of Investigation (FBI), the Department 
                of the Treasury, and the Department of Energy; 
                and
                  (7) The staff elements of the Director of 
                Central Intelligence.
          (g) The National Foreign Intelligence Program 
        includes the programs listed below, but its composition 
        shall be subject to review by the National Security 
        Council and modification by the President:
                  (1) The programs of the CIA;
                  (2) The Consolidated Cryptologic Program, the 
                General Defense Intelligence Program, and the 
                programs of the offices within the Department 
                of Defense for the collection of specialized 
                national foreign intelligence through 
                reconnaissance, except such elements as the 
                Director of Central Intelligence and the 
                Secretary of Defense agree should be excluded;
                  (3) Other programs of agencies within the 
                Intelligence Community designated jointly by 
                the Director of Central Intelligence and the 
                head of the department or by the President as 
                national foreign intelligence or 
                counterintelligence activities;
                  (4) Activities of the staff elements of the 
                Director of Central Intelligence;
                  (5) Activities to acquire the intelligence 
                required for the planning and conduct of 
                tactical operations by the United States 
                military forces are not included in the 
                National Foreign Intelligence Program.
          (h) Special activities means activities conducted in 
        support of national foreign policy objectives abroad 
        which are planned and executed so that the role of the 
        United States Government is not apparent or 
        acknowledged publicly, and functions in support of such 
        activities, but which are not intended to influence 
        United States political processes, public opinion, 
        policies, or media and do not include diplomatic 
        activities or the collection and production of 
        intelligence or related support functions.
          (i) United States person means a United States 
        citizen, an alien known by the intelligence agency 
        concerned to be a permanent resident alien, an 
        unincorporated association substantially composed of 
        United States citizens or permanent resident aliens, or 
        a corporation incorporated in the United States, except 
        for a corporation directed and controlled by a foreign 
        government or governments.
    3.5  Purpose and Effect. This Order is intended to control 
and provide direction and guidance to the Intelligence 
Community. Nothing contained herein or in any procedures 
promulgated hereunder is intended to confer any substantive or 
procedural right or privilege on any person or organization.
    3.6  Revocation. Executive Order No. 12036 of January 24, 
1978, as amended, entitled ``United States Intelligence 
Activities,'' is revoked.
        (3) President's Foreign Intelligence Advisory Board \1\

Executive Order 12863, September 13, 1993, 58 F.R. 48441, 50 U.S.C. 401 
  note; amended by Executive Order 13070, December 15, 1997, 62 F.R. 
                                 66493

    By the authority vested in me as President by the 
Constitution and statutes of the United States of America, and 
in order to enhance the security of the United States by 
improving the quality and effectiveness of intelligence 
available to the United States, it is ordered as follows:
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    \1\ Formerly in Executive Order 12537 (October 28, 1985, 50 F.R. 
45083, 50 U.S.C. 401 note; as amended by Executive Order 12624, January 
6, 1988, 53 F.R. 489).
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             PART I. ASSESSMENT OF INTELLIGENCE ACTIVITIES

    Section 1. There is hereby established within the White 
House Office, Executive Office of the President, the 
President's Foreign Intelligence Advisory Board (PFIAB). The 
PFIAB Board shall consist of not more than 16 members, who 
shall serve at the pleasure of the President and shall be 
appointed by the President from among trustworthy and 
distinguished citizens outside the Government who are qualified 
on the basis of achievement, experience and independence. The 
President shall establish the terms of the members upon their 
appointment. To the extent practicable, one-third of the PFIAB 
at any one time shall be comprised of members whose term of 
service does not exceed 2 years. The President shall designate 
a Chairman and Vice Chairman from among the members. The PFIAB 
shall utilize full-time staff and consultants as authorized by 
the President. Such staff shall be headed by an Executive 
Director, appointed by the President.
    Sec. 1.2. The PFIAB shall assess the quality, quantity, and 
adequacy of intelligence collection, of analysis and estimates, 
and of counterintelligence and other intelligence activities. 
The PFIAB shall have the authority to review continually the 
performance of all agencies of the Federal Government that are 
engaged in the collection, evaluation, or production of 
intelligence or the execution of intelligence policy. The PFIAB 
shall further be authorized to assess the adequacy of 
management, personnel and organization in the intelligence 
agencies. The heads of departments and agencies of the Federal 
Government, to the extent permitted by law, shall provide the 
PFIAB with access to all information that the PFIAB deems 
necessary to carry out its responsibilities.
    Sec. 1.3. The PFIAB shall report directly to the President 
and advise him concerning the objectives, conduct, management 
and coordination of the various activities of the agencies of 
the Intelligence Community. The PFIAB shall report 
periodically, but at least semiannually, concerning its 
findings and appraisals and shall make appropriate 
recommendations for the improvement and enhancement of the 
intelligence efforts of the United States.
    Sec. 1.4. The PFIAB shall consider and recommend 
appropriate action which respect to matters, identified to the 
PFIAB by the Director of Central Intelligence, the Central 
Intelligence Agency, or other Government agencies engaged in 
intelligence or related activities, in which the advice of the 
PFIAB will further the effectiveness of the national 
intelligence effort. With respect to matters deemed appropriate 
by the President, the PFIAB shall advise and make 
recommendations to the Director of Central Intelligence, the 
Central Intelligence Agency, and other Government agencies 
engaged in intelligence and related activities, concerning ways 
to achieve increased effectiveness in meeting national 
intelligence needs.

             PART II. OVERSIGHT OF INTELLIGENCE ACTIVITIES

    Sec. 2.1.\2\ The Intelligence Oversight Board (IOB) \3\ is 
hereby established as a standing committee of the PFIAB. The 
IOB shall consist of no more than four members designated by 
the President from among the membership of the PFIAB. The 
Chairman of the PFIAB may also serve as the Chairman or a 
member of the IOB is so designated by the President. The IOB 
shall utilize such full-time staff and consultants as 
authorized by the Chairman of the IOB with the concurrence of 
the Chairman of the PFIAB.
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    \2\ Executive Order 13070 (December 15, 1997; 62 F.R. 66493) 
amended and restated sec. 2.1. It formerly read as follows:
    ``The Intelligence Oversight Board (IOB) is hereby established as a 
standing committee of the PFIAB. The IOB shall consist of no more than 
four members appointed from among the membership of the PFIAB by the 
Chairman of the PFIAB. The Chairman of the IOB shall be appointed by 
the Chairman of the PFIAB. The Chairman of the PFIAB may also serve as 
the Chairman of the IOB. The IOB shall utilize such full-time staff and 
consultants as authorized by the Chairman of the PFIAB.''.
    \3\ As originally established in Executive Order 12334, December 4, 
1981 (50 U.S.C. 401 note; 46 F.R. 59955; as amended by Executive Order 
12701, February 14, 1990, 55 F.R. 5953).
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    Sec. 2.2. The IOB shall:
          (A) prepare for the President reports of intelligence 
        activities that the IOB believes may be unlawful or 
        contrary to Executive order or Presidential directive;
          (b) forward to the Attorney General reports received 
        concerning intelligence activities that the IOB 
        believes may be unlawful or contrary to Executive order 
        or Presidential directive;
          (c) review the internal guidelines of each agency 
        within the Intelligence Community that concern the 
        lawfulness of intelligence activities;
          (d) review the practices and procedures of the 
        Inspectors General and General Counsel of the 
        Intelligence Community for discovering and reporting 
        intelligence activities that may be unlawful or 
        contrary to Executive order or Presidential directive; 
        and
          (e) conduct such investigations as the IOB deems 
        necessary to carry out its functions under this order.
    Sec. 2.3. The IOB shall, when required by this order, 
report to the President through the Chairman of the PFIAB. The 
IOB shall consider and take appropriate action with respect to 
matters identified by the Director of Central Intelligence,the 
Central Intelligence Agency or other agencies of the 
Intelligence Community. With respect to matters deemed 
appropriate by the President, the IOB shall advise and make 
appropriate recommendations to the Director of Central 
Intelligence, the Central Intelligence Agency and other 
agencies of the Intelligence Community.
    Sec. 2.4. The heads of departments and agencies of the 
Intelligence Community, to the extent permitted by law, shall 
provide the IOB with all information that the IOB deems 
necessary to carry out its responsibilities. Inspectors General 
and General Counsel of the Intelligence Community, to the 
extent permitted by law, shall report to the IOB, at least on a 
quarterly basis and from time to time as necessary or 
appropriate, concerning intelligence activities that they have 
reason to believe may be unlawful or contrary to Executive 
order or Presidential directive.

                      PART III. GENERAL PROVISIONS

    Sec. 3.1. Information made available to the PFIAB, or 
members of the PFIAB acting in their IOB capacity, shall be 
given all necessary security protection in accordance with 
applicable laws and regulations. Each member of the PFIAB, each 
member of the PFIAB's staff and each of the PFIAB's consultants 
shall execute an agreement never to reveal any classified 
information obtained by virtue of his or her services with the 
PFIAB except to the President or to such persons as the 
President may designate.
    Sec. 3.2. Members of the PFIAB shall serve without 
compensation but may receive transportation expenses and per 
diem allowance as authorized by law. Staff and consultants to 
the PFIAB shall receive pay and allowances as authorized by the 
President.
    Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as 
amended, and Executive Order No. 12537 of October 28, 1985, as 
amended, are revoked.
               (4) Foreign Intelligence Physical Searches

         Executive Order 12949, February 9, 1995, 60 F.R. 8169

    By the authority vested in me as President by the 
Constitution and the laws of the United States, including 
sections 302 and 303 of the Foreign Intelligence Surveillance 
Act of 1978 (``Act'') (50 U.S.C. 1801, et seq.), as amended by 
Public Law 101-359, and in order to provide for the 
authorization of physical searches for foreign intelligence 
purposes as set forth in the Act, it is hereby ordered as 
follows:
    Section. 1. Pursuant to section 302(a)(1) of the Act, the 
Attorney General is authorized to approve physical searches, 
without a court order, to acquire foreign intelligence 
information for periods of up to one year, if the Attorney 
General makes the certifications required by that section.
    Sec. 2. Pursuant to section 302(a)(1) of the Act, the 
Attorney General is authorized to approve applications to the 
Foreign Intelligence Surveillance Court under section 303 of 
the Act to obtain orders for physical searches for the purpose 
of collecting foreign intelligence information.
    Sec. 3. Pursuant to section 303(a)(7) of the Act, the 
following officials, each of whom is employed in the areas of 
national security or defense, is designated to make the 
certifications required by section 303(a)(7) of the Act in 
support of applications to conduct physical searches:
          (a) Secretary of State;
          (b) Secretary of Defense;
          (c) Director of Central Intelligence;
          (d) Director of the Federal Bureau of Investigation;
          (e) Deputy Secretary of State;
          (f) Deputy Secretary of Defense; and
          (g) Deputy Director of Central Intelligence.
None of the above officials, nor anyone officially acting in 
that capacity, may exercise the authority to make the above 
certifications, unless that official has been appointed by the 
President, by and with the advice and consent of the Senate.
                      i. International Agreements

      (1) Compilation and Transmittal of International Agreements

Section 112a and 112b, Title 1, United States Code; as added by Act of 
September 23, 1950, 64 Stat. 980; and added by Public Law 92-403 [Case-
   Zablocki Act, S. 596], 86 Stat. 619, approved August 22, 1972; as 
    amended by Public Law 95-45 [Department of State Appropriation 
Authorization; H.R. 5040] 91 Stat. 221, approved June 15, 1977; Public 
Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 
  12598], 92 Stat. 963, approved October 7, 1978; Public Law 103-236 
[Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 
2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-437 [H.R. 
            4777], 108 Stat. 4581, approved November 2, 1994

Sec. 112a.\1\ United States Treaties and Other International 
                    Agreements; contents; admissibility in evidence

    (a) \2\ The Secretary of State shall cause to be compiled, 
edited, indexed, and published, beginning as of January 1, 
1950, a compilation entitled ``United States Treaties and Other 
International Agreements,'' which shall contain all treaties to 
which the United States is a party that have been proclaimed 
during each calendar year, and all international agreements 
other than treaties to which the United States is a party that 
have been signed, proclaimed, or with reference to which any 
other final formality has been executed, during each calendar 
year. The said United States Treaties and Other International 
Agreements shall be legal evidence of the treaties, 
international agreements other than treaties, and proclamations 
by the President of such treaties and agreements, therein 
contained, in all the courts of the United States, the several 
States, and the Territories and insular possessions of the 
United States.
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    \1\ Title VIII of the Legislative Branch Appropriations Act, 1976 
(Public Law 94-59; 89 Stat. 296; 44 USC 1317 note), however, provided 
the following:
    ``Hereafter, notwithstanding any other provisions of law, 
appropriations for the automatic distribution to Senators and 
Representatives (including Delegates to Congress and the Resident 
Commissioner from Puerto Rico) of copies of the Foreign Relations of 
the United States, the United States Treaties and other International 
Agreements, the District of Columbia Code and Supplements, and more 
than one bound set of the United States Code and Supplements shall not 
be available with respect to any Senator or Representative unless such 
Senator or Representative specifically, in writing, requests that he 
receive copies of such documents.''.
    See also Department of State proposed rule (22 CFR Part 181) for 
the coordination and reporting of international agreements, Department 
of State Public Notice 2269 (60 F.R. 54319; October 17, 1995).
    \2\ Sec. 138(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), added subsec. 
designation ``(a)''.
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    (b) \3\ The Secretary of State may determine that 
publication of certain categories of agreements is not 
required, if the following criteria are met:
---------------------------------------------------------------------------
    \3\ Sec. 138(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 397), added subsecs. 
(b) and (c).
    The Secretary of State delegated functions authorized under 
subsection (b) to the Legal Advisor (Department of State Public Notice 
2086; sec. 13 of Delegation of Authority No. 214; 59 F.R. 50790).
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          (1) such agreements are not treaties which have been 
        brought into force for the United States after having 
        received Senate advice and consent pursuant to section 
        2(2) of Article II of the Constitution of the United 
        States;
          (2) the public interest in such agreements is 
        insufficient to justify their publication, because (A) 
        as of the date of enactment of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995, the 
        agreements are no longer in force, (B) the agreements 
        do not create private rights or duties, or establish 
        standards intended to govern government action in the 
        treatment of private individuals; (C) in view of the 
        limited or specialized nature of the public interest in 
        such agreements, such interest can adequately be 
        satisfied by an alternative means; or (D) the public 
        disclosure of the text of the agreement would, in the 
        opinion of the President, be prejudicial to the 
        national security of the United States; and
          (3) copies of such agreements (other than those in 
        paragraph (2)(D)), including certified copies where 
        necessary for litigation or similar purposes, will be 
        made available by the Department of State upon request.
    (c) \3\ Any determination pursuant to subsection (b) shall 
be published in the Federal Register.

Sec. 112b.\4\ United States international agreements; transmission to 
                    Congress
---------------------------------------------------------------------------

    \4\ Popularly known as the Case-Zablocki Act.
---------------------------------------------------------------------------
    (a) \5\ The Secretary of State shall transmit to the 
Congress the text of any international agreement (including the 
text of any oral international agreement, which agreement shall 
be reduced to writing) \6\ other than a treaty, to which the 
United States is a party as soon as practicable after such 
agreement has entered into force with respect to the United 
States but in no event later than sixty days thereafter.\7\ 
However, any such agreement the immediate public disclosure of 
which would, in the opinion of the President, be prejudicial to 
the national security of the United States shall not be so 
transmitted to the Congress but shall be transmitted to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \8\ of the House of Representatives under an 
appropriate injunction of secrecy to be removed only upon due 
notice from the President. Any department or agency of the 
United States Government which enters into any international 
agreement on behalf of the United States shall transmit to the 
Department of State the text of such agreement not later than 
twenty days after such agreement has been signed.\9\
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    \5\ Sec. 708 of Public Law 95-426 (92 Stat. 993) inserted the 
subsection designation ``(a)'' and added subsecs. (b) through (e).
    \6\ The parenthetical phrase was added by sec. 708 of Public Law 
95-426 (92 Stat. 993).
    \7\ Sec. 139 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1347) required that 
if the sixty-day period specified in this sentence was not honored, no 
funds authorized to be appropriated would be available after the end of 
the sixty-day period to implement any agreement required to be 
transmitted until the text of such agreement was so transmitted. This 
restriction on use of funds was made effective sixty days after the 
enactment of Public Law 100-204 and made applicable during fiscal years 
1988 and 1989.
    \8\ Sec. 1 of Public Law 103-437 (108 Stat. 4581) struck out 
``Committee on International Relations'' and inserted in lieu thereof 
``Committee Foreign Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 
Stat. 186) subsequently provided that references to the Committee on 
Foreign Affairs of the House of Representatives shall be treated as 
referring to the Committee on International Relations of the House of 
Representatives.
    \9\ This sentence was added to sec. 112b of title I by sec. 5(a) of 
Public Law 95-45 (91 Stat. 224).
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    (b) \5\ Not later than March 1, 1979, and at yearly 
intervals thereafter, the President shall, under his own 
signature, transmit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report with respect to each 
international agreement which, during the preceding year, was 
transmitted to the Congress after the expiration of the 60-day 
period referred to in the first sentence of subsection (a), 
describing fully and completely the reasons for the late 
transmittal.
    (c) \5\ Notwithstanding any other provision of law, an 
international agreement may not be signed or otherwise 
concluded on behalf of the United States without prior 
consultation with the Secretary of State. Such consultation may 
encompass a class of agreements rather than a particular 
agreement.
    (d) \5\ The Secretary of State shall determine for and 
within the executive branch whether an arrangement constitutes 
an international agreement within the meaning of this section.
    (e) \5\ The President shall, through the Secretary of 
State, promulgate such rules and regulations as may be 
necessary to carry out this section.
       (2) Coordination and Reporting of International Agreements

        Regulations of the Secretary of State, Department Regulation 
 108.809,       22 CFR Part 181, July 13, 1981, 46 F.R. 35918; amended 
                at 61 F.R.       7071, February 26, 1996

                 Subchapter S--International Agreements

    part 181--coordination and reporting of international agreements

Sec.
181.1  Purpose and application.
181.2  Criteria.
181.3  Determinations.
181.4  Consultations with the Secretary of State.
181.5  Twenty-day rule for concluded agreements.
181.6  Documentation and certification.
181.7  Transmittal to the Congress.
181.8  Publication.\1\

Authority: 1 U.S.C. 112a, 112b; and 22 U.S.C. 2651a

Sec. 181.1  Purpose and application.

    (a) The purpose of this part is to implement the provisions 
of 1 U.S.C. 112a and 112b, popularly known as the Case-Zablocki 
Act (hereinafter ``the Act''), on the reporting to Congress, 
coordination with the Secretary of State and publication of 
international agreements.\2\ This part applies to all agencies 
of the U.S. Government whose responsibilities include the 
negotiation and conclusion of international agreements. This 
part does not, however, constitute a delegation by the 
Secretary of State of the authority to engage in such 
activities. Further, it does not affect any additional 
requirements of law governing the relationship between 
particular agencies and the Secretary of State in connection 
with international negotiations and agreements, or any other 
requirements of law concerning the relationship between 
particular agencies and the Congress. The term ``agency'' as 
used in this part means each authority of the United States 
Government, whether or not it is within or subject to review by 
another agency.
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    \1\ Sec. 181.8 was added at 61 F.R. 7071, February 16, 1996.
    \2\ The first sentence of sec. 181.1 was amended at 61 F.R. 7071, 
February 16, 1996. It formerly read as follows: ``The purpose of this 
part is to implement the provisions of 1 U.S.C. 112b, popularly known 
as the Case-Zablocki Act (hereinafter referred to as the `Act'), on the 
reporting to Congress and coordination with the Secretary of State of 
international agreements of the United States.''.
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    (b) Pursuant to the key legal requirements of the Act--full 
and timely disclosure to the Congress of all concluded 
agreements and consultation by agencies with the Secretary of 
State with respect to proposed agreements--every agency of the 
Government is required to comply with each of the provisions 
set out in this part in implementation of the Act. 
Nevertheless, this part is intended as a framework of measures 
and procedures which, it is recognized, cannot anticipate all 
circumstances or situations that may arise. Deviation or 
derogation from the provisions of this part will not affect the 
legal validity, under United States law or under international 
law, of agreements concluded, will not give rise to a cause of 
action, and will not affect any public or private rights 
established by such agreements.

Sec. 181.2  Criteria.

    (a) General. The following criteria are to be applied in 
deciding whether any undertaking, oral agreement, document, or 
set of documents, including an exchange of notes or of 
correspondence, constitutes an international agreement within 
the meaning of the Act, as well as within the meaning of 1 
U.S.C. 112a, requiring the publication of international 
agreements. Each of the criteria except those in paragraph 
(a)(5) of this section must be met in order for any given 
undertaking of the United States to constitute an international 
agreement.
    (1) Identity and intention of the parties. A party to an 
international agreement must be a state, a state agency, or an 
intergovernmental organization. The parties must intend their 
undertaking to be legally binding, and not merely of political 
or personal effect. Documents intended to have political or 
moral weight, but not intended to be legally binding, are not 
international agreements. An example of the latter is the Final 
Act of the Helsinki Conference on Cooperation and Security in 
Europe. In addition, the parties must intend their undertaking 
to be governed by international law, although this intent need 
not be manifested by a third-party dispute settlement mechanism 
or any express reference to international law. In the absence 
of any provision in the arrangement with respect to governing 
law, it will be presumed to be governed by international law. 
This presumption may be overcome by clear evidence, in the 
negotiating history of the agreement or otherwise, that the 
parties intended the arrangement to be governed by another 
legal system. Arrangements governed solely by the law of the 
United States, or one of the states or jurisdictions thereof, 
or by the law of any foreign state, are not international 
agreements for these purposes. For example, a foreign military 
sales loan agreement governed in its entirety by U.S. law is 
not an international agreement.
    (2) Significance of the arrangement. Minor or trivial 
undertakings, even if couched in legal language and form, are 
not considered international agreements within the meaning of 
the Act or of 1 U.S.C. 112a. In deciding what level of 
significance must be reached before a particular arrangement 
becomes an international agreement, the entire context of the 
transaction and the expectations and intent of the parties must 
be taken into account. It is often a matter of degree. For 
example, a promise to sell one map to a foreign nation is not 
an international agreement; a promise to exchange all maps of a 
particular region to be produced over a period of years may be 
an international agreement. It remains a matter of judgment 
based on all of the circumstances of the transaction. 
Determinations are made pursuant to Sec. 181.3. Examples of 
arrangements that may constitute international agreements are 
agreements that: (a) are of political significance; (b) involve 
substantial grants of funds or loans by the United States or 
credits payable to the United States; (c) constitute a 
substantial commitment of funds that extends beyond a fiscal 
year or would be a basis for requesting new appropriations; (d) 
involve continuing and/or substantial cooperation in the 
conduct of a particular program or activity, such as 
scientific, technical, or other cooperation, including the 
exchange or receipt of information and its treatment, or the 
pooling of data. However, individual research grants and 
contracts do not ordinarily constitute international 
agreements.
    (3) Specificity, including objective criteria for 
determining enforceability. International agreements require 
precision and specificity in the language setting forth the 
undertakings of the parties. Undertakings couched in vague or 
very general terms containing no objective criteria for 
determining enforceability or performance are not normally 
international agreements. Most frequently such terms reflect an 
intent not to be bound. For example, a promise to ``help 
develop a more viable world economic system'' lacks the 
specificity essential to constitute a legally binding 
international agreement. However, the intent of the parties is 
the key factor. Undertakings as general as those of, for 
example, Articles 55 and 56 of the United Nations Charter have 
been held to create internationally binding obligations 
intended as such by the parties.
    (4) Necessity for two or more parties. While unilateral 
commitments on occasion may be legally binding, they do not 
constitute international agreements. For example, a statement 
by the President promising to send money to Country Y to assist 
earthquake victims would not be an international agreement. It 
might be an important undertaking, but not all undertakings in 
international relations are in the form of international 
agreements. Care should be taken to examine whether a 
particular undertaking is truly unilateral in nature, or is 
part of a larger bilateral or multilateral set of undertakings. 
Moreover, ``consideration,'' as that term is used in domestic 
contract law, is not required for international agreements.
    (5) Form. Form as such is not normally an important factor, 
but it does deserve consideration. Documents which do not 
follow the customary form for international agreements, as to 
matters such as style, final clauses, signatures, or entry into 
force dates, may or may not be international agreements. 
Failure to use the customary form may constitute evidence of a 
lack of intent to be legally bound by the arrangement. If, 
however, the general content and context reveal an intention to 
enter into a legally binding relationship, a departure from 
customary form will not preclude the arrangement from being an 
international agreement. Moreover, the title of the agreement 
will not be determinative. Decisions will be made on the basis 
of the substance of the arrangement, rather than on its 
denomination as an international agreement, a memorandum of 
understanding, exchange of notes, exchange of letters, 
technical arrangement, protocol, note verbale, aide-memoire, 
agreed minute, or any other name.
    (b) Agency-level agreements. Agency-level agreements are 
international agreements within the meaning of the Act and of 1 
U.S.C. 112a if they satisfy the criteria discussed in paragraph 
(a) of this section. The fact that an agreement is concluded by 
and on behalf of a particular agency of the United States 
Government, rather than the United States Government, does not 
mean that the agreement is not an international agreement. 
Determinations are made on the basis of the substance of the 
agency-level agreement in question.
    (c) Implementing agreements. An implementing agreement, if 
it satisfies the criteria discussed in paragraph (a) of this 
section, may be an international agreement, depending upon how 
precisely it is anticipated and identified in the underlying 
agreement it is designed to implement. If the terms of the 
implementing agreement are closely anticipated and identified 
in the underlying agreement, only the underlying agreement is 
considered an international agreement. For example, the 
underlying agreement might call for the sale by the United 
States of 1000 tractors, and a subsequent implementing 
agreement might require a first installment on this obligation 
by the sale of 100 tractors of the brand X variety. In that 
case, the implementing agreement is sufficiently identified in 
the underlying agreement, and would not itself be considered an 
international agreement within the meaning of the Act or of 1 
U.S.C. 112a. Project annexes and other documents which provide 
technical content for an umbrella agreement are not normally 
treated as international agreements. However, if the underlying 
agreement is general in nature, and the implementing agreement 
meets the specified criteria of paragraph (a) of this section, 
the implementing agreement might well be an international 
agreement. For example, if the underlying agreement calls for 
the conclusion of ``agreements for agricultural assistance,'' 
but without further specificity, then a particular agricultural 
assistance agreement subsequently concluded in 
``implementation'' of that obligation, provided it meets the 
criteria discussed in paragraph (a) of this section, would 
constitute an international agreement independent of the 
underlying agreement.
    (d) Extension and modifications of agreements. If an 
undertaking constitutes an international agreement within the 
meaning of the Act and of 1 U.S.C. 112a, then a subsequent 
extension or modification of such an agreement would itself 
constitute an international agreement within the meaning of the 
Act of 1 U.S.C. 112a.
    (e) Oral agreements. Any oral arrangement that meets the 
criteria discussed in paragraphs (a)(1)-(4) of this section is 
an international agreement and, pursuant to section (a) of the 
Act, must be reduced to writing by the agency that concluded 
the oral arrangement. In such written form, the arrangement is 
subject to all the requirements of the Act and of this part. 
Whenever a question arises whether an oral arrangement 
constitutes an international agreement, the arrangement shall 
be reduced to writing and the decision made in accordance with 
Sec. 181.3.

Sec. 181.3  Determinations.

    (a) Whether any undertaking, document, or set of documents 
constitutes or would constitute an international agreement 
within the meaning of the Act or of 1 U.S.C. 112a shall be 
determined by the Legal Adviser of the Department of State, a 
Deputy Legal adviser, or in most cases the Assistant Legal 
Adviser for Treaty Affairs. Such determinations shall be made 
either on a case-by-case basis, or on periodic consultation, as 
appropriate.
    (b) Agencies whose responsibilities include the negotiation 
and conclusion of international agreements are responsible for 
transmitting to the Assistant Legal Adviser for Treaty Affairs, 
for decision pursuant to paragraph (a) of this section, the 
texts of any document or set of documents that might constitute 
an international agreement. The transmittal shall be made prior 
to or simultaneously with the request for consultations with 
the Secretary of State required by subsection (c) of the Act 
and Sec. 181.4 of this part.
    (c) Agencies whose responsibilities include the negotiation 
and conclusion of large numbers of agency-level and 
implementing arrangements at overseas posts, only a small 
number of which might constitute international agreements 
within the meaning of the Act and of 1 U.S.C. 112a, are 
required to transmit prior to their entry into force only the 
texts of the more important of such arrangements for decision 
pursuant to paragraph (a) of this section. The texts of all 
arrangements that might constitute international agreements 
shall, however, be transmitted to the Office of the Assistant 
Legal Adviser for Treaty Affairs as soon as possible, and in no 
event to arrive at that office later than 20 days after their 
signing for decision pursuant to paragraph (a) of this section.
    (d) Agencies to which paragraphs (b) and (c) of this 
section apply shall consult periodically with the Assistant 
Legal Adviser for Treaty Affairs in order to determine which 
categories of arrangements for which they are responsible are 
likely to be international agreements within the meaning of the 
Act and of 1 U.S.C. 112a.

Sec. 181.4  Consultations with the Secretary of State.

    (a) The Secretary of State is responsible, on behalf of the 
President, for ensuring that all proposed international 
agreements of the United States are fully consistent with 
United States foreign policy objectives. Except as provided in 
Sec. 181.3(c) of this part, no agency of the U.S. Government 
may conclude an international agreement, whether entered into 
in the name of the U.S. Government or in the name of the 
agency, without prior consultation with the Secretary of State 
or his designee.
    (b) The Secretary of State (or his designee) gives his 
approval for any proposed agreement negotiated pursuant to his 
authorization, and his opinion on any proposed agreement 
negotiated by an agency which has separate authority to 
negotiate such agreement. The approval or opinion of the 
Secretary of State or his designee with respect to any proposed 
international agreement will be given pursuant to Department of 
State procedures set out in Volume 11, Foreign Affairs Manual, 
Chapter 700 (Circular 175 procedure). Officers of the 
Department of State shall be responsible for the preparation of 
all documents required by the Circular 175 procedure.
    (c) Pursuant to the Circular 175 procedure, the approval 
of, or an opinion on a proposed international agreement to be 
concluded in the name of the U.S. Government will be given 
either by the Secretary of State or his designee. The approval 
of, or opinion on a proposed international agreement to be 
concluded in the name of a particular agency of the U.S. 
Government will be given by the interested assistant secretary 
or secretaries of State, or their designees, unless such 
official(s) judge that consultation with the Secretary, Deputy 
Secretary, or an Under Secretary is necessary. The approval of, 
or opinion on a proposed international agreement will normally 
be given within 20 days of receipt of the request for 
consultation and of the information as required by 
Sec. 181.4(d)-(g).
    (d) Any agency wishing to conclude an international 
agreement shall transmit to the interested bureau or office in 
the Department of State, or to the Office of the Legal Adviser, 
for consultation pursuant to this section, a draft text or 
summary of the proposed agreement, a precise citation of the 
Constitutional, statutory, or treaty authority for such 
agreement, and other background information as requested by the 
Department of State. The transmittal of the draft text or 
summary and citation of legal authority shall be made before 
negotiations are undertaken, or if that is not feasible, as 
early as possible in the negotiating process. In any event such 
transmittals must be made no later than 50 days prior to the 
anticipated date for concluding the proposed agreement. If 
unusual circumstances prevent this 50-day requirement from 
being met, the concerned agency shall use its best efforts to 
effect such transmittal as early as possible prior to the 
anticipated date for concluding the proposed agreement.
    (e) If a proposed agreement embodies a commitment to 
furnish funds, goods, or services that are beyond or in 
addition to those authorized in an approved budget, the agency 
proposing the agreement shall state what arrangements have been 
planned or carried out concerning consultation with the Office 
of Management and Budget for such commitment. The Department of 
State should receive confirmation that the relevant budget 
approved by the President provides or requests funds adequate 
to fulfill the proposed commitment, or that the President has 
made a determination to seek the required funds.
    (f) Consultation may encompass a specific class of 
agreements rather than a particular agreement where a series of 
agreements of the same general type is contemplated; that is, 
where a number of agreements are to be negotiated according to 
a more or less standard formula, such as, for example, Public 
Law 480 Agricultural Commodities Agreements. Any agency wishing 
to conclude a particular agreement within a specific class of 
agreements about which consultations have previously been held 
pursuant to this section shall transmit a draft text of the 
proposed agreement to the Office of the Legal Adviser as early 
as possible but in no event later than 20 days prior to the 
anticipated date for concluding the agreement.
    (g) The consultation requirement shall be deemed to be 
satisfied with respect to proposed international agreements of 
the United States about which the Secretary of State (or his 
designee) has been consulted in his capacity as a member of an 
interagency committee or council established for the purpose of 
approving such proposed agreements. Designees of the Secretary 
of State serving on any such interagency committee or council 
are to provide as soon as possible to the interested offices or 
bureaus of the Department of State and to the Office of the 
Legal Adviser copies of draft texts or summaries of such 
proposed agreements and other background information as 
requested.
    (h) Before an agreement containing a foreign language text 
may be signed or otherwise concluded, a signed memorandum must 
be obtained from a responsible language officer of the 
Department of State or of the U.S. Government agency concerned 
certifying that the foreign language text and the English 
language text are in conformity with each other and that both 
texts have the same meaning in all substantive respects. The 
signed memorandum is to be made available to the Department of 
State upon request.

Sec. 181.5  Twenty-day rule for concluded agreements.

    (a) Any agency, including the Department of State, that 
concludes an international agreement within the meaning of the 
Act and of 1 U.S.C. 112a, whether entered into in the name of 
the U.S. Government or in the name of the agency, must transmit 
the text of the concluded agreement to the office of the 
Assistant Legal Adviser for Treaty Affairs as soon as possible 
and in no event to arrive at that office later than 20 days 
after the agreement has been signed. The 20-day limit, which is 
required by the Act, is essential for purposes of permitting 
the Department of State to meet its obligation under the Act to 
transmit concluded agreements to the Congress no later than 60 
days after their entry into force.
    (b) In any case of transmittal after the 20-day limit, the 
agency or Department of State office concerned may be asked to 
provide to the Assistant Legal Adviser for Treaty Affairs a 
statement describing the reasons for the late transmittal. Any 
such statements will be used, as necessary, in the preparation 
of the annual report on late transmittals, to be signed by the 
President and transmitted to the Congress, as required by 
subsection (b) of the Act.

Sec. 181.6  Documentation and certification.

    (a) Transmittals of concluded agreements to the Assistant 
Legal Adviser for Treaty Affairs pursuant to Sec. 181.5 must 
include the signed or initialed original texts, together with 
all accompanying papers, such as agreed minutes, exchanges of 
notes, or side letters. The texts transmitted must be accurate, 
legible, and complete, and must include the texts of all 
languages in which the agreement was signed or initiated. Names 
and identities of the individuals signing or initialing the 
agreements, for the foreign government as well as for the 
United States, must, unless clearly evident in the texts 
transmitted, be separately provided.
    (b) Agreements from overseas posts should be transmitted to 
the Department of State by priority airgram, marked for the 
attention of the Assistant Legal Adviser for Treaty Affairs, 
with the following notation below the enclosure line: FAIM: 
Please send attached original agreement to L/T on arrival.
    (c) Where the original texts of concluded agreements are 
not available, certified copies must be transmitted in the same 
manner as original texts. A certified copy must be an exact 
copy of the signed original.
    (d) When an exchange of diplomatic notes between the United 
States and a foreign government constitutes an agreement or has 
the effect of extending, modifying, or terminating an agreement 
to which the United States is a party, a properly certified 
copy of the note from the United States to the foreign 
government, and the signed original of the note from the 
foreign government, must be transmitted. If, in conjunction 
with the agreement signed, other notes related thereto are 
exchanged (either at the same time, beforehand, or 
subsequently), properly certified copies of the notes from the 
United States to the foreign government must be transmitted 
with the signed originals of the notes from the foreign 
government.
    (e) Copies may be certified either by a certification on 
the document itself, or by a separate certification attached to 
the document. A certification on the document itself is placed 
at the end of the document. It indicates, either typed or 
stamped, that the document is a true copy of the original 
signed or initialed by (insert full name of signing officer), 
and it is signed by the certifying officer. If a certification 
is typed on a separate sheet of paper, it briefly describes the 
document certified and states that it is a true copy of the 
original signed by (full name) and it is signed by the 
certifying officer.

Sec. 181.7  Transmittal to the Congress.

    (a) International agreements other than treaties shall be 
transmitted by the Assistant Legal Adviser for Treaty Affairs 
to the President of the Senate and the Speaker of the House of 
Representatives as soon as practicable after the entry into 
force of such agreements, but in no event later than 60 days 
thereafter.
    (b) Classified agreements shall be transmitted by the 
Assistant Secretary of State for Congressional Relations to the 
Senate Committee on Foreign Relations and to the House 
Committee on Foreign Affairs.\3\
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    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) The Assistant Legal Adviser for Treaty Affairs shall 
also transmit to the President of the Senate and to the Speaker 
of the House of Representatives background information to 
accompany each agreement reported under the Act. Background 
statements, while not expressly required by the Act, have been 
requested by the Congress and have become an integral part of 
the reporting requirement. Each background statement shall 
include information explaining the agreement, the negotiations, 
the effect of the agreement, and a precise citation of legal 
authority. At the request of the Assistant Legal Adviser for 
Treaty Affairs, each background statement is to be prepared in 
time for transmittal with the agreement it accompanies by the 
office most closely concerned with the agreement. Background 
statements for classified agreements are to be transmitted by 
the Assistant Secretary of State for Congressional Relations to 
the Senate Committee on Foreign Relations and to the House 
Committee on Foreign Affairs.\3\
    (d) Pursuant to Section 12 of the Taiwan Relations Act (22 
U.S.C. 3311), any agreement entered into between the American 
Institute in Taiwan and the governing authorities on Taiwan, or 
any agreement entered into between the Institute and an agency 
of the United States Government, shall be transmitted by the 
Assistant Secretary of State for Congressional Relations to the 
President of the Senate and to the Speaker of the House of 
Representatives as soon as practicable after the entry into 
force of such agreements, but in no event later than 60 days 
thereafter. Classified agreements entered into by the Institute 
shall be transmitted by the Assistant Secretary for 
Congressional Relations to the Senate Committee on Foreign 
Affairs.\4\
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    \4\ In original. Should read Senate Committee on Foreign Relations.
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Sec. 181.8  Publication.\5\

    (a) The following categories of international agreements 
will not be published in United States Treaties and Other 
International Agreements:
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    \5\ Sec. 181.8 was added at 61 F.R. 7071, February 16, 1996.
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          (1) Bilateral agreements for the rescheduling of 
        intergovernmental debt payments;
          (2) Bilateral textile agreements concerning the 
        importation of products containing specified textile 
        fibers done under the Agricultural Act of 1956, as 
        amended;
          (3) Bilateral agreements between postal 
        administrations governing technical arrangements;
          (4) Bilateral agreements that apply to specified 
        military exercises;
          (5) Bilateral military personnel exchange agreements;
          (6) Bilateral judicial assistance agreements that 
        apply only to specified civil or criminal 
        investigations or prosecutions;
          (7) Bilateral mapping agreements;
          (8) Tariff and other schedules under the General 
        Agreement on Tariffs and Trade and under the Agreement 
        of the World Trade Organization;
          (9) Agreements that have been given a national 
        security classification pursuant to Executive Order No. 
        12958 or its successors; and
    (b) Agreements on the subjects listed in paragraphs (a) (1) 
through (9) of this section that had not been published as of 
February 26, 1996.
    (c) Any international agreements in the possession of the 
Department of State, other than those in paragraph (a)(9) of 
this section, but not published will be made available upon 
request by the Department of State.
              (3) Implementation of Human Rights Treaties

        Executive Order 13107, December 10, 1998, 63 F.R. 68991

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, and 
bearing in mind the obligations of the United States pursuant 
to the International Covenant on Civil and Political Rights 
(ICCPR), the Convention Against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment (CAT), the 
Convention on the Elimination of All Forms of Racial 
Discrimination (CERD), and other relevant treaties concerned 
with the protection and promotion of human rights to which the 
United States is now or may become a party in the future, it is 
hereby ordered as follows:
    Section 1. Implementation of Human Rights Obligations. (a) 
It shall be the policy and practice of the Government of the 
United States, being committed to the protection and promotion 
of human rights and fundamental freedoms, fully to respect and 
implement its obligations under the international human rights 
treaties to which it is a party, including the ICCPR, the CAT, 
and the CERD.
    (b) It shall also be the policy and practice of the 
Government of the United States to promote respect for 
international human rights, both in our relationships with all 
other countries and by working with and strengthening the 
various international mechanisms for the promotion of human 
rights, including, inter alia, those of the United Nations, the 
International Labor Organization, and the Organization of 
American States.
    Sec. 2. Responsibility of Executive Departments and 
Agencies. (a) All executive departments and agencies (as 
defined in 5 U.S.C. 101-105, including boards and commissions, 
and hereinafter referred to collectively as ``agency'' or 
``agencies'') shall maintain a current awareness of United 
States international human rights obligations that are relevant 
to their functions and shall perform such functions so as to 
respect and implement those obligations fully. The head of each 
agency shall designate a single contact officer who will be 
responsible for overall coordination of the implementation of 
this order. Under this order, all such agencies shall retain 
their established institutional roles in the implementation, 
interpretation, and enforcement of Federal law and policy.
    (b) The heads of agencies shall have lead responsibility, 
in coordination with other appropriate agencies, for questions 
concerning implementation of human rights obligations that fall 
within their respective operating and program responsibilities 
and authorities or, to the extent that matters do not fall 
within the operating and program responsibilities and 
authorities of any agency, that most closely relate to their 
general areas of concern.
    Sec. 3. Human Rights Inquiries and Complaints. Each agency 
shall take lead responsibility, in coordination with other 
appropriate agencies, for responding to inquiries, requests for 
information, and complaints about violations of human rights 
obligations that fall within its areas of responsibility or, if 
the matter does not fall within its areas of responsibility, 
referring it to the appropriate agency for response.
    Sec. 4. Interagency Working Group on Human Rights Treaties. 
(a) There is hereby established an Interagency Working Group on 
Human Rights Treaties for the purpose of providing guidance, 
oversight, and coordination with respect to questions 
concerning the adherence to and implementation of human rights 
obligations and related matters.
    (b) The designee of the Assistant to the President for 
National Security Affairs shall chair the Interagency Working 
Group, which shall consist of appropriate policy and legal 
representatives at the Assistant Secretary level from the 
Department of State, the Department of Justice, the Department 
of Labor, the Department of Defense, the Joint Chiefs of Staff, 
and other agencies as the chair deems appropriate. The 
principal members may designate alternates to attend meetings 
in their stead.
    (c) The principal functions of the Interagency Working 
Group shall include:
          (i) coordinating the interagency review of any 
        significant issues concerning the implementation of 
        this order and analysis and recommendations in 
        connection with pursuing the ratification of human 
        rights treaties, as such questions may from time to 
        time arise;
          (ii) coordinating the preparation of reports that are 
        to be submitted by the United States in fulfillment of 
        treaty obligations;
          (iii) coordinating the responses of the United States 
        Government to complaints against it concerning alleged 
        human rights violations submitted to the United 
        Nations, the Organization of American States, and other 
        international organizations;
          (iv) developing effective mechanisms to ensure that 
        legislation proposed by the Administration is reviewed 
        for conformity with international human rights 
        obligations and that these obligations are taken into 
        account in reviewing legislation under consideration by 
        the Congress as well;
          (v) developing recommended proposals and mechanisms 
        for improving the monitoring of the actions by the 
        various States, Commonwealths, and territories of the 
        United States and, where appropriate, of Native 
        Americans and Federally recognized Indian tribes, 
        including the review of State, Commonwealth, and 
        territorial laws for their conformity with relevant 
        treaties, the provision of relevant information for 
        reports and other monitoring purposes, and the 
        promotion of effective remedial mechanisms;
          (vi) developing plans for public outreach and 
        education concerning the provisions of the ICCPR, CAT, 
        CERD, and other relevant treaties, and human rights-
        related provisions of domestic law;
          (vii) coordinating and directing an annual review of 
        United States reservations, declarations, and 
        understandings to human rights treaties, and matters as 
        to which there have been nontrivial complaints or 
        allegations of inconsistency with or breach of 
        international human rights obligations, in order to 
        determine whether there should be consideration of any 
        modification of relevant reservations, declarations, 
        and understandings to human rights treaties, or United 
        States practices or laws. The results and 
        recommendations of this review shall be reviewed by the 
        head of each participating agency;
          (viii) making such other recommendations as it shall 
        deem appropriate to the President, through the 
        Assistant to the President for National Security 
        Affairs, concerning United States adherence to or 
        implementation of human rights treaties and related 
        matters; and
          (ix) coordinating such other significant tasks in 
        connection with human rights treaties or international 
        human rights institutions, including the Inter-American 
        Commission on Human Rights and the Special Rapporteurs 
        and complaints procedures established by the United 
        Nations Human Rights Commission.
    (d) The work of the Interagency Working Group shall not 
supplant the work of other interagency entities, including the 
President's Committee on the International Labor Organization, 
that address international human rights issues.
    Sec. 5. Cooperation Among Executive Departments and 
Agencies. All agencies shall cooperate in carrying out the 
provisions of this order. The Interagency Working Group shall 
facilitate such cooperative measures.
    Sec. 6. Judicial Review, Scope, and Administration. (a) 
Nothing in this order shall create any right or benefit, 
substantive or procedural, enforceable by any party against the 
United States, its agencies or instrumentalities, its officers 
or employees, or any other person.
    (b) This order does not supersede Federal statutes and does 
not impose any justiciable obligations on the executive branch.
    (c) The term ``treaty obligations'' shall mean treaty 
obligations as approved by the Senate pursuant to Article II, 
section 2, clause 2 of the United States Constitution.
    (d) To the maximum extent practicable and subject to the 
availability of appropriations, agencies shall carry out the 
provisions of this order.
(4) Delegating to the Secretary of State Certain Functions With Respect 
    to the Negotiation of International Agreements Relating to the 
                     Enhancement of the Environment

Executive Order 11742; October 23, 1973; 38 F.R. 29457; 33 U.S.C. 1251 
                                  note

    Under and by virtue of the authority vested in me by 
section 301 of title 3 of the United States Code and as 
President of the United States, I hereby authorize and empower 
the Secretary of State, in coordination with the Council on 
Environmental Quality, the Environmental Protection Agency, and 
other appropriate Federal agencies, to perform, without the 
approval, ratification, or other action of the President, the 
functions vested in the President by section 7 of the Federal 
Water Pollution Control Act Amendments of 1972 (Public Law 92-
500; 86 Stat. 898) with respect to international agreements 
relating to the enhancement of the environment.
                      j. Textile Trade Agreements

Executive Order 11651, March 3, 1972, 37 F.R. 4699, 7 U.S.C. 1854 note; 
as amended by Executive Order 11951, January 6, 1977, 42 F.R. 1453; and 
         by Executive Order 12188, January 2, 1980, 45 F.R. 989

    By virtue of the authority vested in me by Section 204 of 
the Agricultural Act of 1956 (76 Stat. 104), as amended (7 
U.S.C. 1854), and section 301 of title 3 of the United States 
Code, and as President of the United States, it is hereby 
ordered as follows:
    Section 1. (a) The Committee for the Implementation of 
Textile Agreements (hereinafter referred to as the Committee), 
consisting of representatives of the Departments of State, the 
Treasury, Commerce and Labor, with the representative of the 
Department of Commerce as Chairman, is hereby established to 
supervise the implementation of all textile trade agreements. 
It shall be located for administrative purposes in the 
Department of Commerce. The United States Trade Representative, 
or his designee, also shall be a member of the Committee.\1\
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    \1\ This sentence was amended and restated by sec. 1-105(c) of 
Executive Order 12188, January 2, 1980. The sentence formerly provided 
that the President's Special Representative for Trade Negotiations 
would be a nonvoting member of the Committee.
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    (b) Except as provided in subsection (c) of this section, 
the Chairman of the Committee, after notice to the 
representatives of the other member agencies, shall take such 
actions or shall recommend that appropriate officials or 
agencies of the United States take such actions as may be 
necessary to implement each such textile trade agreement: 
Provided, however, That if a majority of the voting members of 
the Committee have objected to such action within ten days of 
receipt of notice from the Chairman, such action shall not be 
taken except as may otherwise be authorized.
    (c) To the extent authorized by the President and by such 
officials as the President may from time to time designate, the 
Committee shall take appropriate actions concerning textiles 
and textile products under Section 204 of the Agricultural Act 
of 1956, as amended, and Articles 3 and 8 of the Arrangement 
Regarding International Trade in Textiles done at Geneva on 
December 20, 1973,\2\ and with respect to any other matter 
affecting textile trade policy.
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    \2\ Executive Order 11951 struck out the words ``Article 3 and 6 of 
the Long Term Agreement Regarding International Trade in Cotton 
Textiles done at Geneva on February 9, 1962, as extended,'' and 
substituted the words to this point beginning with ``Articles 3 and 
8''.
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    Sec. 2. (a) The Commissioner of Customs shall take such 
actions as the Committee, acting through its Chairman, shall 
recommend to carry out all agreements and arrangements entered 
into by the United States pursuant to Section 204 of the 
Agricultural Act of 1956, as amended, with respect to entry, or 
withdrawal from warehouse, for consumption in the United States 
of textiles and textile products.
    (b) Under instructions approved by the Committee, the 
Secretary of State shall designate the Chairman of the United 
States delegation to all negotiations and consultations with 
foreign governments undertaken with respect to the 
implementation of textile trade agreements pursuant to this 
Order. The Secretary of State shall make such representations 
to foreign governments, including the presentation of 
diplomatic notes and other communications, as may be necessary 
to carry out this Order.
                k. United States Institute of Peace Act

Partial text of Public Law 98-525 [Department of Defense Authorization 
  Act, 1985; H.R. 5167], 98 Stat. 2492 at 2649, approved October 19, 
 1984; as amended by Public Law 99-498 [Higher Education Amendments of 
 1986, S. 1965], 100 Stat. 1268, approved October 17, 1986; Public Law 
100-50 [Higher Education Technical Amendments Act of 1987, H.R. 1846], 
   101 Stat. 335, approved June 3, 1987; Public Law 100-569 [Library 
    Services and Construction and United States Institute of Peace 
 Reauthorization; National Geography Studies Centers; H.R. 4416], 102 
Stat. 2862, approved October 31, 1988; Public Law 101-520 [Legislative 
 Branch Appropriations Act, 1991; H.R. 5399], 104 Stat. 2254, approved 
  November 5, 1990; Public Law 102-325, as amended [Higher Education 
 Amendments of 1992, S. 1150], 106 Stat. 448, approved July 23, 1992; 
 Public Law 105-244 [Higher Education Amendments of 1998; H.R. 6], 112 
    Stat. 1581, approved October 7, 1998; and by Public Law 105-277 
 [Foreign Affairs Agencies Consolidation Act of 1998; subdivision A of 
division G of H.R. 4328], 112 Stat. 2681-765, approved October 21, 1998

    AN ACT To authorize appropriations for fiscal year 1985 for the 
military functions of the Department of Defense, to prescribe military 
 personnel levels for that fiscal year for the Department of Defense, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                     short title: table of contents

    Section 1. (a) This Act may be cited as the ``Department of 
Defense Authorization Act, 1985''.
          * * * * * * *

              TITLE XVII--UNITED STATES INSTITUTE OF PEACE

                              short title

    Sec. 1701. This title may be cited as the ``United States 
Institute of Peace Act''.

                  declaration of findings and purposes

    Sec. 1702.\1\ (a) The Congress finds and declares that--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4601.
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          (1) a living institution embodying the heritage, 
        ideals, and concerns of the American people for peace 
        would be a significant response to the deep public need 
        for the Nation to develop fully a range of effective 
        options, in addition to armed capacity, that can leash 
        international violence and manage international 
        conflict;
          (2) people throughout the world are fearful of 
        nuclear war, are divided by war and threats of war, are 
        experiencing social and cultural hostilities from rapid 
        international change and real and perceived conflicts 
        over interests, and are diverted from peace by the lack 
        of problem-solving skills for dealing with such 
        conflicts;
          (3) many potentially destructive conflicts among 
        nations and people have been resolved constructively 
        and with cost efficiency at the international, 
        national, and community levels through proper use of 
        such techniques as negotiation, conciliation, 
        mediation, and arbitration;
          (4) there is a national need to examine the 
        disciplines in the social, behavioral, and physical 
        sciences and the arts and humanities with regard to the 
        history, nature, elements, and future of peace 
        processes, and to bring together and develop new and 
        tested techniques to promote peaceful economic, 
        political, social, and cultural relations in the world;
          (5) existing institutions providing programs in 
        international affairs, diplomacy, conflict resolution, 
        and peace studies are essential to further development 
        of techniques to promote peaceful resolution of 
        international conflict, and the peacemaking activities 
        of people in such institutions, government, private 
        enterprise, and voluntary associations can be 
        strengthened by a national institution devoted to 
        international peace research, education and training, 
        and information services;
          (6) there is a need for Federal leadership to expand 
        and support the existing international peace and 
        conflict resolution efforts of the Nation and to 
        develop new comprehensive peace education and training 
        programs, basic and applied research projects, and 
        programs providing peace information;
          (7) the Commission on Proposals for the National 
        Academy of Peace and Conflict Resolution, created by 
        the Education Amendments of 1978, recommended 
        establishing an academy as a highly desirable 
        investment to further the Nation's interest in 
        promoting international peace;
          (8) an institute strengthening and symbolizing the 
        fruitful relation between the world of learning and the 
        world of public affairs, would be the most efficient 
        and immediate means for the Nation to enlarge its 
        capacity to promote the peaceful resolution of 
        international conflicts; and
          (9) the establishment of such an institute is an 
        appropriate investment by the people of this Nation to 
        advance the history, science, art, and practice of 
        international peace and the resolution of conflicts 
        among nations without the use of violence.
    (b) It is the purpose of this title to establish an 
independent, non-profit, national institute to serve the people 
and the Government through the widest possible range of 
education and training, basic and applied research 
opportunities, and peace information services on the means to 
promote international peace and the resolution of conflicts 
among the nations and peoples of the world without recourse to 
violence.

                              definitions

    Sec. 1703.\2\ As used in this title, the term--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4602.
---------------------------------------------------------------------------
          (1) ``Institute'' means the United States Institute 
        of Peace established by this title; and
          (2) ``Board'' means the Board of Directors of the 
        Institute.

                     establishment of the institute

    Sec. 1704.\3\ (a) There is hereby established the United 
States Institute of Peace.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 4603.
---------------------------------------------------------------------------
    (b) The Institute is an independent nonprofit corporation 
and an organization described in section 170(c)(2)(B) of the 
Internal Revenue Code of 1954. The Institute does not have the 
power to issue any shares of stock or to declare or pay any 
dividends.
    (c) As determined by the Board, the Institute may 
establish, under the laws of the District of Columbia, a legal 
entity which is capable of receiving, holding, and investing 
public funds for purposes in furtherance of the Institute under 
this title. The Institute may designate such legal entity as 
the ``Endowment of the United States Institute for Peace''.
    (d) The Institute is liable for the acts of its directors, 
officers, employees, and agents when acting within the scope of 
their authority.
    (e)(1) The Institute has the sole and exclusive right to 
use and to allow or refuse others the use of the terms ``United 
States Institute of Peace'', ``Jennings Randolph Program for 
International Peace'', ``Spark M. Matsunaga Medal of 
Peace'',\4\ and ``Endowment of the United States Institute of 
Peace'' and the use of any official United States Institute of 
Peace emblem, badge, seal, and other mark of recognition or any 
colorable simulation thereof. No powers or privileges hereby 
granted shall interfere or conflict with established or vested 
rights secured as of September 1, 1981.
---------------------------------------------------------------------------
    \4\ Sec. 319(b) of Public Law 101-520 (104 Stat. 2285) inserted 
```Spark M. Matsunaga Medal of Peace'.''.
---------------------------------------------------------------------------
    (2) Notwithstanding any other provision of this title, the 
Institute may use ``United States'' or ``U.S.'' or any other 
reference to the United States Government or Nation in its 
title or in its corporate seal, emblem, badge, or other mark of 
recognition or colorable simulation thereof in any fiscal year 
only if there is an authorization of appropriations for the 
Institute for such fiscal year provided by law.

                           powers and duties

    Sec. 1705.\5\ (a) The Institute may exercise the powers 
conferred upon a nonprofit corporation by the District of 
Columbia Nonprofit Corporation Act consistent with this title, 
except for section 5(o) of the District of Columbia Nonprofit 
Corporation Act (D.C. Code, sec. 29-1005(o)).
---------------------------------------------------------------------------
    \5\ 22 U.S.C 4604.
---------------------------------------------------------------------------
    (b) The Institute, acting through the Board, may--
          (1) establish a Jennings Randolph Program for 
        International Peace and appoint, for periods up to two 
        years, scholars and leaders in peace from the United 
        States and abroad to pursue scholarly inquiry and other 
        appropriate forms of communication on international 
        peace and conflict resolution and, as appropriate, 
        provide stipends, grants, fellowships, and other 
        support to the leaders and scholars;
          (2) enter into formal and informal relationships with 
        other institutions, public and private, for purposes 
        not inconsistent with this title;
          (3) \6\ establish a Jeannette Rankin Research Program 
        on Peace to conduct research and make studies, 
        particularly of an interdisciplinary or of a 
        multidisciplinary nature, into the causes of war and 
        other international conflicts and the elements of peace 
        among the nations and peoples of the world, including 
        peace theories, methods, techniques, programs, and 
        systems, and into the experiences of the United States 
        and other nations in resolving conflicts with justice 
        and dignity and without violence as they pertain to the 
        advancement of international peace and conflict 
        resolution, placing particular emphasis on realistic 
        approaches to past successes and failures in the quest 
        for peace and arms control and utilizing to the maximum 
        extent possible United States Government documents and 
        classified materials from the Department of State, the 
        Department of Defense, the Arms Control and Disarmament 
        Agency, and the intelligence community;
---------------------------------------------------------------------------
    \6\ Sec. 25 of the Higher Education Technical Amendments Act 
(Public Law 100-50; 101 Stat. 363) inserted ``establish a Jeannette 
Rankin Research Program on Peace to'' at sec. 1703, par. (3).
    Sec. 6272 of Public Law 100-418 (102 Stat. 1523) amended sec. 25 of 
Public Law 100-50 to insert this language in sec. 1705(b)(3).
---------------------------------------------------------------------------
          (4) develop programs to make international peace and 
        conflict resolution research, education, and training 
        more available and useful to persons in government, 
        private enterprise, and voluntary associations, 
        including the creation of handbooks and other practical 
        materials;
          (5) provide, promote, and support peace education and 
        research programs at graduate and postgraduate levels;
          (6) conduct training, symposia, and continuing 
        education programs for practitioners, policymakers, 
        policy implementers, and citizens and noncitizens 
        directed to developing their skills in international 
        peace and conflict resolution;
          (7) develop, for publication or other public 
        communication, and disseminate, the carefully selected 
        products of the Institute;
          (8) establish a clearinghouse and other means for 
        disseminating information, including classified 
        information that is properly safeguarded, from the 
        field of peace learning to the public and to government 
        personnel with appropriate security clearances; 
        \7\, \8\
---------------------------------------------------------------------------
    \7\ Sec. 319(a)(1) of Public Law 101-520 (104 Stat. 2284) inserted 
``and'' at the end of par. (8) (see next note), struck out para. (9), 
and redesignated para. (10) as (9). Paragraph (9) formerly read as 
follows:
    ``(9) recommend to the Congress the establishment of a United 
States Medal of Peace to be awarded under such procedures as the 
Congress may determine, except that no person associated with the 
Institute may receive the United States Medal of Peace; and''.
    \8\ Sec. 1554(b) of Public Law 102-325 (106 Stat. 839) struck out 
``and'' at the end of par. (8), struck the period at the end of par. 
(9) and inserted in lieu thereof ``; and''; and added a new par. (10).
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          (9) \7\ secure directly, upon request of the 
        president of the Institute to the head of any Federal 
        department or agency and in accordance with section 552 
        of title 5, United States Code (relating to freedom of 
        information), information necessary to enable the 
        Institute to carry out the purposes of this title if 
        such release of the information would not unduly 
        interfere with the proper functioning of a department 
        or agency, including classified information if the 
        Institute staff and members of the Board who have 
        access to such classified information obtain 
        appropriate security clearances from the Department of 
        Defense and the Department of State; and \8\
          (10) \8\ establish the Spark M. Matsunaga Scholars 
        Program, which shall include the provision of 
        scholarships and educational programs in international 
        peace and conflict management and related fields for 
        outstanding secondary school students and the provision 
        of scholarships to outstanding undergraduate students, 
        with program participants and recipients of such 
        scholarships to be known as ``Spark M. Matsunaga 
        Scholars''.
    (c) \9\ (1)(A) The Institute, acting through the Board, may 
each year make an award to such person or persons who it 
determines to have contributed in extraordinary ways to peace 
among the nations and peoples of the world, giving special 
attention to contributions that advance society's knowledge and 
skill in peacemaking and conflict management. The award shall 
include the public presentation to such person or persons of 
the Spark M. Matsunaga Medal of Peace and a cash award in an 
amount of not to exceed $25,000 for any recipient.
---------------------------------------------------------------------------
    \9\ Sec. 319(a)(3) of Public Law 101-520 (104 Stat. 2284) added a 
new subsec. (c).
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    (B)(i) The Secretary of the Treasury shall strike the Spark 
M. Matsunaga Medal of Peace with suitable emblems, devices, and 
inscriptions which capture the goals for which the Medal is 
presented. The design of the medals shall be determined by the 
Secretary of the Treasury in consultation with the Board and 
the Commission of Fine Arts.
    (ii) The Spark M. Matsunaga Medal of Peace shall be struck 
in bronze and in the size determined by the Secretary of the 
Treasury in consultation with the Board.
    (iii) The appropriate account of the Treasury of the United 
States shall be reimbursed for costs incurred in carrying out 
this subparagraph out of funds appropriated pursuant to section 
1710(a)(1).
    (2) The Board shall establish an advisory panel composed of 
persons eminent in peacemaking, diplomacy, public affairs, and 
scholarship, and such advisory panel shall advise the Board 
during its consideration of the selection of the recipient of 
the award.
    (3) The Institute shall inform the Committee on Foreign 
Relations and the Committee on Labor and Human Resources of the 
Senate and the Committee on Foreign Affairs and the Committee 
on Education and Labor of the House of Representatives \10\ 
about the selection procedures it intends to follow, together 
with any other matters relevant to making the award and 
emphasizing its prominence and significance.
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    \10\ Sec. 1(a)(3) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Education and Labor of the House of 
Representatives shall be treated as referring to the Committee on 
Economic and Educational Opportunities of the House of Representatives. 
Sec. 1(a)(5) of that Act provided that references to the Committee on 
Foreign Affairs shall be treated as referring to the Committee on 
International Relations.
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    (d) \11\ The Institute may undertake extension and outreach 
activities under this title by making grants and entering into 
contracts with institutions of postsecondary, community, 
secondary, and elementary education (including combinations of 
such institutions), with public and private educational, 
training, or research institutions (including the American 
Federation of Labor--the Congress of Industrial Organizations) 
and libraries, and with public departments and agencies 
(including State and territorial departments of education and 
of commerce). No grant may be made to an institution unless it 
is a nonprofit or official public institution, and at least 
one-fourth of the Institute's annual appropriations shall be 
paid to such nonprofit and official public institutions. A 
grant or contract may be made to--
---------------------------------------------------------------------------
    \11\ Sec. 319(a)(2) of Public Law 101-520 (104 Stat. 2284) 
redesignated subsecs. (c) through (n) as (d) through (o), respectively.
---------------------------------------------------------------------------
          (1) initiate, strengthen, and support basic and 
        applied research on international peace and conflict 
        resolution;
          (2) promote and advance the study of international 
        peace and conflict resolution by educational, training, 
        and research institutions, departments, and agencies;
          (3) educate the Nation about and educate and train 
        individuals in peace and conflict resolution theories, 
        methods, techniques, programs, and systems;
          (4) assist the Institute in its publication, 
        clearinghouse, and other information services programs;
          (5) assist the Institute in the study of conflict 
        resolution between free trade unions and Communist-
        dominated organizations in the context of the global 
        struggle for the protection of human rights; and
          (6) promote the other purposes of this title.
    (e) \11\ The Institute may respond to the request of a 
department or agency of the United States Government to 
investigate, examine, study, and report on any issue within the 
Institute's competence, including the study of past negotiating 
histories and the use of classified materials.
    (f) \11\ The Institute may enter into personal service and 
other \12\ contracts for the proper operation of the Institute.
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    \12\ Sec. 931(1)(A) of Public Law 105-244 (112 Stat. 1834) inserted 
``personal service and other'' after ``may enter into''.
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    (g) \11\ The Institute may fix the duties of its officers, 
employees, and agents, and establish such advisory committees, 
councils, or other bodies, as the efficient administration of 
the business and purposes of the Institute may require.
    (h) \11\ (1) Except as provided in paragraphs (2) and (3), 
the Institute may obtain grants and contracts, including 
contracts for classified research for the Department of State, 
the Department of Defense, the Arms Control and Disarmament 
Agency, and the intelligence community, and receive gifts and 
contributions from government at all levels.
    (2) \13\ The Institute and the legal entity described in 
section 1704(c) may not accept any gift, contribution, or grant 
from a foreign government, any agency or instrumentality of 
such government, any international organization, or any 
corporation or other legal entity in which natural persons who 
are nationals of a foreign country own, directly or indirectly, 
more than 50 percent of the outstanding capital stock or other 
beneficial interest in such legal entity.
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    \13\ Sec. 1554(c)(1) of Public Law 102-325 (106 Stat. 839) amended 
and restated par. (2).
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    (3) Notwithstanding any other provisions of this title, the 
Institute and the legal entity described in section 1704(c) may 
not obtain any grant or contract or receive any gift or 
contribution from any private agency, organization, corporation 
or other legal entity, institution, or individual,\14\ except 
such Institute or legal entity may accept such a gift or 
contribution to--
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    \14\ Sec. 1554(c)(2) of Public Law 102-325 (106 Stat. 840) struck 
out ``individual.'' and inserted text from ``individual,'' through 
subpar. (B).
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          (A) purchase, lease for purchase, or otherwise 
        acquire, construct, improve, furnish, or maintain a 
        suitable permanent headquarters, any related facility, 
        or any site or sites for such facilities for the 
        Institute and the legal entity described in section 
        1704(c); or
          (B) provide program-related hospitality, including 
        such hospitality connected with the presentation of the 
        Spark M. Matsunaga Medal of Peace.
    (i) \11\ The Institute may charge and collect subscription 
fees and develop, for publication or other public 
communication, and disseminate, periodicals and other 
materials.
    (j) \11\ The Institute may charge and collect fees and 
other participation costs from persons and institutions 
participating in the Institute's direct activities authorized 
in subsection (b).
    (k) \11\ The Institute may sue and be sued, complain, and 
defend in any court of competent jurisdiction.
    (l) \11\ The Institute may adopt, alter, use, and display a 
corporate seal, emblem, badge, and other mark of recognition 
and colorable simulations thereof.
    (m) \11\ The Institute may do any and all lawful acts and 
things necessary or desirable to carry out the objectives and 
purposes of this title.
    (n) \11\ The Institute shall not itself undertake to 
influence the passage or defeat of any legislation by the 
Congress of the United States or by any State or local 
legislative bodies, or by the United Nations, except that 
personnel of the Institute may testify or make other 
appropriate communication when formally requested to do so by a 
legislative body, a committee, or a member thereof.
    (o) \11\ The Institute may obtain administrative support 
services from the Administrator of General Services and use all 
sources of supply and services of the General Services 
Administration \15\ on a reimbursable basis.
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    \15\ Sec. 931(1)(B) of Public Law 105-244 (112 Stat. 1834) inserted 
``and use all sources of supply and services of the General Services 
Administration'' after ``Services''.
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                           board of directors

    Sec. 1706.\16\ (a) The powers of the Institute shall be 
vested in a Board of Directors unless otherwise specified in 
this title.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 4605.
---------------------------------------------------------------------------
    (b) The Board shall consist of fifteen voting members as 
follows:
          (1) The Secretary of State (or if the Secretary so 
        designates, another officer of the Department of State 
        who was appointed with the advice and consent of the 
        Senate).
          (2) The Secretary of Defense (or if the Secretary so 
        designates, another officer of the Department of 
        Defense who was appointed with the advice and consent 
        of the Senate).
          (3) \17\ The president of the National Defense 
        University (or if the president so designates, the vice 
        president of the National Defense University).
---------------------------------------------------------------------------
    \17\ Sec. 1225(c)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-773) struck out para. (3) and redesignated paras. (4) and 
(5) as paras. (3) and (4), respectively. Para. (3) had read as follows:
    ``(3) The Director of the Arms Control and Disarmament Agency (or 
if the Director so designates, another officer of that Agency who was 
appointed with the advice and consent of the Senate).''.
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          (5) Twelve \18\ individuals appointed by the 
        President, by and with the advice and consent of the 
        Senate.
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    \18\ Sec. 1225(c)(1)(C) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-773) struck out ``Eleven'' and inserted in lieu 
thereof ``Twelve''.
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    (c) Not more than eight voting members of the Board 
(including members described in paragraphs (1) through (4) of 
subsection (b)) may be members of the same political party.
    (d)(1) Each individual appointed to the Board under 
subsection (b)(5) shall have appropriate practical or academic 
experience in peace and conflict resolution efforts of the 
United States.
    (2) Officers and employees of the United States Government 
may not be appointed to the Board under subsection (b)(5).
    (e)(1) Members of the Board appointed under subsection 
(b)(5) shall be appointed to four year terms, except that--
          (A) the term of six of the members initially 
        appointed shall be two years, as designated by the 
        President at the time of their nomination;
          (B) a member may continue to serve until his or her 
        successor is appointed; and
          (C) a member appointed to replace a member whose term 
        has not expired shall be appointed to serve the 
        remainder of that term.
    (2) The terms of the members of the Board initially 
appointed under subsection (b)(5) shall begin on January 20, 
1985, and subsequent terms shall begin upon the expiration of 
the preceding term, regardless of when a member is appointed to 
fill that term.
    (3) The President may not nominate an individual for 
appointment to the Board under subsection (b)(5) prior to 
January 20, 1985, but shall submit the names of eleven nominees 
for initial Board membership under subsection (b)(5) not later 
than ninety days after that date. If the Senate rejects such a 
nomination or if such a nomination is withdrawn, the President 
shall submit the name of a new nominee within fifteen days.
    (4) An individual appointed as a member of the Board under 
subsection (b)(5) may not be appointed to more than two terms 
on the Board.
    (f) A member of the Board appointed under subsection (b)(5) 
may be removed by the President--
          (1) in consultation with the Board, for conviction of 
        a felony, malfeasance in office, persistent neglect of 
        duties, or inability to discharge duties.
          (2) upon the recommendation of eight voting members 
        of the Board; or
          (3) upon the recommendation of a majority of the 
        members of the Committee on Foreign Affairs and the 
        Committee on Education and Labor of the House of 
        Representatives \10\ and a majority of the members of 
        the Committee on Foreign Relations and the Committee on 
        Labor and Human Resources of the Senate.
A recommendation made in accordance with paragraph (2) may be 
made only pursuant to action taken at a meeting of the Board, 
which may be closed pursuant to the procedures of subsection 
(h)(3). Only members who are present may vote. A record of the 
vote shall be maintained. The President shall be informed 
immediately by the Board of the recommendation.
    (g) No member of the Board may participate in any decision, 
action, or recommendation with respect to any matter which 
directly and financially benefits the member or pertains 
specifically to any public body or any private or nonprofit 
firm or organization with which the member is then formally 
associated or has been formally associated within a period of 
two years, except that this subsection shall not be construed 
to prohibit an ex officio member of the Board from 
participation in actions of the Board which pertain 
specifically to the public body of which that member is an 
officer.
    (h) Meetings of the Board shall be conducted as follows:
          (1) The President shall stipulate by name the nominee 
        who shall be the first Chairman of the Board. The first 
        Chairman shall serve for a term of three years. 
        Thereafter the Board shall elect a Chairman every three 
        years from among the directors appointed by the 
        President under subsection (b)(5) and may elect a Vice 
        Chairman if so provided by the Institute's bylaws.
          (2) The Board shall meet at least semiannually, at 
        any time pursuant to the call of the Chairman or as 
        requested in writing to the Chairman by at least five 
        members of the Board. A majority of the members of the 
        Board shall constitute a quorum for any Board meeting.
          (3) All meetings of the Board shall be open to public 
        observation and shall be preceded by reasonable public 
        notice. Notice in the Federal Register shall be deemed 
        to be reasonable public notice for purposes of the 
        preceding sentence. In exceptional circumstances, the 
        Board may close those portions of a meeting, upon a 
        majority vote of its members present and with the vote 
        taken in public session, which are likely to disclose 
        information likely to affect adversely any ongoing 
        peace proceeding or activity or to disclose information 
        or matters exempted from public disclosure pursuant to 
        subsection (c) of section 552b of title 5, United State 
        Code.
    (i) A director appointed by the President under subsection 
(b)(5) shall be entitled to receive the daily equivalent of the 
annual rate of basic pay in effect for grade GS-18 of the 
General Schedule under section 5332 of title 5, United States 
Code, for each day during which the director is engaged in the 
performance of duties as a member of the Board.
    (j) While away from his home or regular place of business 
in the performance of duties for the Institute, a director 
shall be allowed travel expenses, including a per diem in lieu 
of subsistence, not to exceed the expenses allowed persons 
employed intermittently in Government service under section 
5703(b) of title 5, United States Code.

                         officers and employees

    Sec. 1707.\19\ (a) The Board shall appoint the president of 
the Institute and such other officers as the Board determines 
to be necessary. The president of the Institute shall be a 
nonvoting ex officio member of the Board. All officers shall 
serve at the pleasure of the Board. The president shall be 
appointed for an explicit term of years. Notwithstanding any 
other provision of law limiting the payment of compensation, 
the president and other officers appointed by the Board shall 
be compensated at rates determined by the Board, but no greater 
than that payable for level I of the Executive Schedule under 
chapter 53 of title 5, United States Code.
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    \19\ 22 U.S.C. 4606.
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    (b) Subject to the provisions of section 1705(h)(3),\20\ 
the Board shall authorize the president and any other officials 
or employees it designates to receive and disburse public 
moneys, obtain and make grants, enter into contracts, establish 
and collect fees, and undertake all other activities necessary 
for the efficient and proper functioning of the Institute.
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    \20\ Sec. 319(c) of Public Law 101-520 (104 Stat. 2285) struck out 
``section 1705(g)(3)'' and inserted in lieu thereof ``section 
1705(h)(3)'' to conform with amendments to section 1705.
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    (c) The president, subject to Institute's bylaws and 
general policies established by the Board, may appoint, fix the 
compensation of, and remove such employees of the Institute as 
the president determines necessary to carry out the purposes of 
the Institute. In determining employee rates of compensation, 
the president shall be governed by the provisions of title 5, 
United States Code, relating to classification and General 
Schedule pay rates.
    (d)(1) The president may request the assignment of any 
Federal officer or employee to the Institute by an appropriate 
department, agency, or congressional official or Member of 
Congress and may enter into an agreement for such assignment, 
if the affected officer or employee agrees to such assignment 
and such assignment causes no prejudice to the salary, 
benefits, status, or advancement within the department, agency, 
or congressional staff of such officer or employee.
    (2) The Secretary of State, the Secretary of Defense,\21\ 
and the Director of Central Intelligence each may assign 
officers and employees of his respective department or agency, 
on a rotating basis to be determined by the Board, to the 
Institute if the affected officer or employee agrees to such 
assignment and such assignment causes no prejudice to the 
salary, benefits, status, or advancement within the respective 
department or agency of such officer or employee.
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    \21\ Sec. 1225(c)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-773) struck out ``, the Director of the Arms Control and 
Disarmament Agency'' from this point.
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    (e) No officer or full-time employee of the Institute may 
receive any salary or other compensation for services from any 
source other than the Institute during the officer's or 
employee's period of employment by the Institute, except as 
authorized by the Board.
    (f)(1) Officers and employees of the Institute shall not be 
considered officers and employees of the Federal Government 
except for purposes of the provisions of title 28, United 
States Code, which relate to Federal tort claims liability, and 
the provisions of title 5, United States Code, which relate to 
compensation and benefits, including the following provisions: 
chapter 51 (relating to classification); subchapters I and III 
of chapter 53 (relating to pay rates); subchapter I of chapter 
81 (relating to compensation for work injuries); chapter 83 
(relating to civil service retirement); chapter 87 (relating to 
life insurance); and chapter 89 (relating to health insurance). 
The Institute shall make contributions at the same rates 
applicable to agencies of the Federal Government under the 
provisions of title 5 referred to in this section.
    (2) \22\ The Institute shall not make long-term commitments 
to employees that are inconsistent with rules and regulations 
applicable to Federal employees.
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    \22\ Sec. 301(b) of Public Law 100-569 (102 Stat. 2864) struck out 
``No Federal funds shall be used to pay for private fringe benefit 
programs.'' at this point.
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    (g) No part of the financial resources, income, or assets 
of the Institute or of any legal entity created by the 
Institute shall inure to any agent, employee, officer, or 
director or be distributable to any such person during the life 
of the corporation or upon dissolution or final liquidation. 
Nothing in this section may be construed to prevent the payment 
of reasonable compensation for services or expenses to the 
directors, officers, employees, and agents of the Institute in 
amounts approved in accordance with the provisions of this 
title.
    (h) The Institute shall not make loans to its directors, 
officers, employees, or agents, or to any legal entity created 
by the Institute. A director, officer, employee, or agent who 
votes for or assents to the making of a loan or who 
participates in the making of a loan shall be jointly and 
severally liable to the Institute for the amount of the loan 
until repayment thereof.

                         procedures and records

    Sec. 1708.\23\ (a) The Institute shall monitor and evaluate 
and provide for independent evaluation if necessary of programs 
supported in whole or in part under this title to ensure that 
the provisions of this title and the bylaws, rules, 
regulations, and guidelines promulgated pursuant to this title 
are adhered to.
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    \23\ 22 U.S.C. 4607.
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    (b) The Institute shall prescribe procedures to ensure that 
grants, contracts, and financial support under this title are 
not suspended unless the grantee, contractor, or person or 
entity receiving financial support has been given reasonable 
notice and opportunity to show cause why the action should not 
be taken.
    (c) In selecting persons to participate in Institute 
activities, the Institute may consider a person's practical 
experience or equivalency in peace study and activity as well 
as other formal requirements.
    (d) The Institute shall keep correct and complete books and 
records of account, including separate and distinct accounts of 
receipts and disbursements of Federal funds. The Institute's 
annual financial report shall identify the use of such funding 
and shall present a clear description of the full financial 
situation of the Institute.
    (e) The Institute shall keep minutes of the proceedings of 
its Board and of any committees having authority under the 
Board.
    (f) The Institute shall keep a record of the names and 
addresses of its Board members; copies of this title, of any 
other Acts relating to the Institute, and of all Institute 
bylaws, rules, regulations, and guidelines; required minutes of 
proceedings; a record of all applications and proposals and 
issued or received contracts and grants; and financial records 
of the Institute. All items required by this subsection may be 
inspected by any Board member or the member's agent or attorney 
for any proper purpose at any reasonable time.
    (g) The accounts of the Institute shall be audited annually 
in accordance with generally accepted auditing standards by 
independent certified public accountants or independent 
licensed public accountants, certified or licensed by a 
regulatory authority of a State or other political subdivision 
of the United States on or before December 31, 1970. The audit 
shall be conducted at the place or places where the accounts of 
the Institute are normally kept. All books, accounts, financial 
records, files, and other papers, things, and property 
belonging to or in use by the Institute and necessary to 
facilitate the audit shall be made available to the person or 
persons conducting the audit, and full facilities for verifying 
transactions with the balances or securities held by 
depositories, fiscal agents, and custodians shall be afforded 
to such person or persons.
    (h) The Institute shall provide a report of the audit to 
the President and to each House of Congress no later than six 
months following the close of the fiscal year for which the 
audit is made. The report shall set forth the scope of the 
audit and include such statements, together with the 
independent auditor's opinion of those statements, as are 
necessary to present fairly the Institute's assets and 
liabilities, surplus or deficit, with reasonable detail, 
including a statement of the Institute's income and expenses 
during the year, including a schedule of all contracts and 
grants requiring payments in excess of $5,000 and any payments 
of compensation, salaries, or fees at a rate in excess of 
$5,000 per year. The report shall be produced in sufficient 
copies for the public.
    (i) The Institute and its directors, officers, employees, 
and agents shall be subject to the provisions of section 552 of 
title 5, United States Code (relating to freedom of 
information).

                      independence and limitations

    Sec. 1709.\24\ (a) Nothing in this title may be construed 
as limiting the authority of the Office of Management and 
Budget to review and submit comments on the Institute's budget 
request at the time it is transmitted to the Congress.
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 4608.
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    (b) No political test or political qualification may be 
used in selecting, appointing, promoting, or taking any other 
personnel action with respect to any officer, employee, agent, 
or recipient of Institute funds or services or in selecting or 
monitoring any grantee, contractor, person, or entity receiving 
financial assistance under this title.

                                funding

    Sec. 1710.\25\ (a) \26\ Authorization of Appropriations.--
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    \25\ 22 U.S.C. 4609.
    \26\ Sec. 931(2)(A) of Public Law 105-244 (112 Stat. 1834) struck 
out ``1993'' and inserted in lieu thereof ``1999''. Previously, sec. 
1554(a) of Public Law 102-325 (106 Stat. 839) amended and restated 
subsec. (a) to authorize appropriations for fiscal year 1993.
    Previously, sec. 301 of Public Law 100-569 (102 Stat. 2863) 
authorized appropriations for fiscal year 1989--$10,000,000; fiscal 
year 1990--$10,000,000; fiscal year 1991--$10,000,000; fiscal year 
1992--$15,000,000; fiscal year 1993--$15,000,000.
    Sec. 1601 of Public Law 99-498 (100 Stat. 1268), replaced the years 
1985 and 1986 with 1987 and 1988, authorizing appropriations of 
$6,000,000 for fiscal year 1987 and $10,000,000 for fiscal year 1988.
    Title IV of the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 2001 (H.R. 
5656, enacted by reference in sec. 1(a)(1) of Public Law 106-554; 114 
Stat. 2763), provided:
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                   ``United States Institute of Peace

                          ``operating expenses
---------------------------------------------------------------------------
    ``For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $15,000,000.''.
    Previous appropriations include: fiscal year 1988--$4,308,000 
(Public Law 100-202; 101 Stat. 1329); fiscal year 1989--$7,000,000 
(Public Law 100-436; 102 Stat. 1713); fiscal year 1990--$7,650,000 
(Public Law 101-166; 103 Stat. 1189); fiscal year 1991--$8,600,000 
(Public Law 101-517; 104 Stat. 222); fiscal year 1992--$11,000,000 
(Public Law 102-170; 105 Stat. 1140); fiscal year 1993--$11,000,000 
(Public Law 102-394; 106 Stat. 1825); fiscal year 1994--$10,912,000 
(Public law 103-112; 107 Stat. 1111); fiscal year 1995--$11,500,000 
(Public law 103-333; 109 Stat. 2571); fiscal year 1996--$11,500,000 
(Public law 104-134; 110 Stat. 1321-242); fiscal year 1997--$11,160,000 
(Public Law 104-208; 110 Stat. 3009-268); fiscal year 1998--$11,160,000 
(Public Law 105-78; 111 Stat. 1514); fiscal year 1999--$12,160,000 
(Public Law 105-277; 112 Stat. 2681-383); fiscal year 2000--$13,000,000 
(Public Law 106-113; 113 Stat. 1501).
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          (1) In general.--For the purpose of carrying out this 
        title, there are authorized to be appropriated 
        $15,000,000 for fiscal year 1999 \26\ and such sums as 
        may be necessary for each of the 4 \27\ succeeding 
        fiscal years.
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    \27\ Sec. 2(k)(14) of Public Law 103-208 (Higher Education 
Technical Amendments of 1993; 107 Stat. 2486) amended sec. 1554 of 
Public Law 102-325, which amended sec. 1710. That amendment provided 
for ``each of the 4 succeeding fiscal years''. Public Law 103-208 
further amended the amendment to provide for ``each of the 6 succeeding 
fiscal years''. Sec. 931(2)(B) of Public Law 105-244 (112 Stat. 1834) 
subsequently struck out ``6'' and inserted ``4''.
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          (2) Availability.--Funds appropriated pursuant to the 
        authority of paragraph (1) shall remain available until 
        expended.
    (b) The Board of Directors may transfer to the legal entity 
authorized to be established under section 1704(c) any funds 
not obligated or expended from appropriations to the Institute 
for a fiscal year, and such funds shall remain available for 
obligation or expenditure for the purposes of such legal entity 
without regard to fiscal year limitations. Any use by such 
legal entity of appropriated funds shall be reported to each 
House of the Congress and to the President of the United 
States.
    (c) Any authority provided by this title to enter into 
contracts shall be effective for a fiscal year only to such 
extent or in such amounts as are provided in appropriation 
Acts.

                       dissolution or liquidation

    Sec. 1711.\28\ Upon dissolution or final liquidation of the 
Institute or of any legal entity created pursuant to this 
title, all income and assets of the Institute or other legal 
entity shall revert to the United States Treasury.
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    \28\ 22 U.S.C. 4610.
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         reporting requirement and requirement to hold hearings

    Sec. 1712.\29\ Beginning two years after the date of 
enactment of this title, and at intervals of two years 
thereafter, the Chairman of the Board shall prepare and 
transmit to the Congress and the President a report detailing 
the progress the Institute has made in carrying out the 
purposes of this title during the preceding two-year period. 
The President may \30\ prepare and transmit to the Congress 
within a reasonable time after the receipt of such report the 
written comments and recommendations of the appropriate 
agencies of the United States with respect to the contents of 
such report and their recommendations with respect to any 
legislation which may be required concerning the Institute. 
After receipt of such report by the Congress, the Committee on 
Foreign Affairs and the Committee on Education and Labor of the 
House of Representatives \10\ and the Committee on Foreign 
Relations and the Committee on Labor and Human Resources of the 
Senate may \30\ hold hearings to review the findings and 
recommendations of such report and the written comments 
received from the President.
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    \29\ 22 U.S.C. 4611.
    \30\ Sec. 931(3) of Public Law 105-244 (112 Stat. 1834) struck out 
``shall'' and inserted in lieu thereof ``may'' in the second and third 
sentences.
          l. National Academy of Peace and Conflict Resolution

 Title XV, part B of Public Law 95-561 [Education Amendments of 1978, 
       H.R. 15], 92 Stat. 2143 at 2376, approved November 1, 1978

                   Title XV--Miscellaneous Provisions

          * * * * * * *

     Part B--National Academy of Peace and Conflict Resolution \1\

                             establishment

    Sec. 1511. There is established a commission to be known as 
the Commission on Proposals for the National Academy of Peace 
and Conflict Resolution.
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    \1\ 20 U.S.C. 1172 note.
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                          duties of commission

    Sec. 1512. (a) The Commission shall undertake a study to 
consider--
          (1) whether to establish a National Academy of Peace 
        and Conflict Resolution;
          (2) the size, cost, and location of an Academy;
          (3) the effects which the establishment of an Academy 
        would have on existing institutions of higher 
        education;
          (4) the relationship which would exist between an 
        Academy and the Federal Government;
          (5) the feasibility of making grants and providing 
        other forms of assistance to existing institutions of 
        higher education in lieu of, or in addition to, 
        establishing an Academy; and
          (6) alternative proposals, which may or may not 
        include the establishment of an Academy, which would 
        assist the Federal Government in accomplishing the goal 
        of promoting peace.
    (b) In conducting the study required by subsection (a), the 
Commission shall--
          (1) review the theory and techniques of peaceful 
        resolution of conflict between nations; and
          (2) study existing institutions which assist in 
        resolving conflict in the areas of international 
        relations.

                               membership

    Sec. 1513. (a) The Commission shall be composed of nine 
members as follows--
          (1) three appointed by the President pro tempore of 
        the Senate;
          (2) three appointed by the Speaker of the House of 
        Representatives; and
          (3) three appointed by the President.
    (b) Members shall be appointed for the life of the 
Commission.
    (c) A vacancy in the Commission shall be filled in the 
manner in which the original appointment was made.
    (d)(1) Except as provided in paragraph (2), members of the 
Commission each shall be entitled to receive the daily 
equivalent of the annual rate of basic pay in effect for grade 
GS-18 of the General Schedule (5 U.S.C. 5332) for each day 
during which they are engaged in the actual performance of the 
duties of the Commission.
    (2) Members of the Commission who are full-time officers or 
employees of the United States or Members of the Congress shall 
receive no additional pay on account of their service on the 
Commission.
    (3) While away from their homes or regular places of 
business in the performance of services for the Commission, 
members of the Commission shall be allowed travel expenses, 
including a per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service 
are allowed expenses under section 5703(b) of title 5, United 
States Code.
    (e) The Commission shall elect a Chairman and a Vice 
Chairman from among its members.
    (f) Five members of the Commission shall constitute a 
quorum.
    (g) The Commission shall meet at the call of the Chairman 
or a majority of its members.

       directors and staff of commission; experts and consultants

    Sec. 1514. (a) Subject to such rules as may be adopted by 
the Commission, the Chairman, without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service and without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title 
relating to classifications and General Schedule pay rates, 
shall have the power to--
          (1) appoint a Director who shall be paid at a rate 
        not to exceed the rate of basic pay in effect for level 
        V of the Executive Schedule (5 U.S.C. 5316);
          (2) appoint and fix the compensation of such staff 
        personnel as he considers necessary; and
          (3) procure temporary and intermittent services to 
        the same extent as is authorized by section 3109(b) of 
        title 5, United States Code.
    (b) Upon request of the Commission, the head of any Federal 
agency is authorized to detail, on a reimbursable basis, any of 
the personnel of such agency to the Commission to assist it in 
carrying out its duties under this title.

                          powers of commission

    Sec. 1515. (a) The Commission may, for the purpose of 
carrying out this title, hold such hearings, sit and act at 
such times and places, take such testimony, and receive such 
evidence as the Commission considers advisable. The Commission 
may administer oaths and affirmations to witnesses appearing 
before the Commission.
    (b) When so authorized by the Commission, any member or 
agent of the Commission may take any action which the 
Commission is authorized to take by this section.
    (c) The Commission may secure directly from any Federal 
agency information necessary to enable it to carry out this 
title. Upon request of the Chairman, the head of any such 
Federal agency shall furnish such information to the 
Commission.

                                reports

    Sec. 1516. The Commission shall transmit to the President 
and to each House of the Congress such interim reports as it 
considers appropriate and shall transmit a final report to the 
President and to each House of the Congress not later than one 
year after the date on which appropriations first become 
available to carry out this title. The final report shall 
contain a detailed statement of the findings and conclusions of 
the Commission, together with its recommendations for such 
legislation as it considers appropriate.

                              termination

    Sec. 1517. The Commission shall cease to exist sixty days 
after transmitting its final report under section 1516.

                     authorization of appropriation

    Sec. 1518. There is authorized to be appropriated not to 
exceed $500,000 to carry out this title.

                              definitions

    Sec. 1519. For purposes of this title--
          (1) the term ``Academy'' means the National Academy 
        of Peace and Conflict Resolution;
          (2) the term ``Chairman'' means the Chairman of the 
        Commission selected under section 1513(e);
          (3) the term ``Commission'' means the Commission on 
        Proposals for the National Academy of Peace and 
        Conflict Resolution; and
          (4) the term ``Federal agency'' means any agency, 
        department, or independent establishment in the 
        executive branch of the Federal Government, including 
        any Government corporation.
             3. Diplomatic Security and Anti-Terrorism \1\

          a. International Terrorism, Torture, and War Crimes

 Partial text of title 18, United States Code, as added by Public Law 
99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 
 4151], 100 Stat. 853, approved August 27, 1986; and amended by Public 
 Law 100-690 [Anti-Drug Abuse Act of 1988; H.R. 5210], 102 Stat. 4181, 
     approved November 18, 1988; Public Law 101-519 \2\ [Military 
 Construction Appropriations Act, 1991; H.R. 5313], 104 Stat. 2240 at 
  2250, approved November 5, 1990; Public Law 102-27 [Dire Emergency 
   Supplemental Appropriations For Consequences of Operation Desert 
      Shield/Desert Storm, Food Stamps, Unemployment Compensation 
 Administration, Veterans Compensation and Pensions, and Other Urgent 
Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991; 
   Public Law 102-572 [Federal Courts Administration Act of 1992, S. 
 1569], 106 Stat. 4506, approved October 29, 1992; Public Law 103-236 
[Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 
   2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-322 
[Violent Crime Control and Law Enforcement Act of 1994; H.R. 3355], 108 
   Stat. 1796, approved September 13, 1994; Public Law 103-415 [H.R. 
 5034], 108 Stat. 4299, approved October 25, 1994; Public Law 103-429 
[H.R. 4778], 108 Stat. 4377, approved October 31, 1994; Public Law 104-
 132 [Antiterrorism and Effective Death Penalty Act of 1996; S. 735], 
110 Stat. 1214, approved April 24, 1996; Public Law 104-192 [War Crimes 
  Act of 1996; H.R. 3680], 110 Stat. 2104, approved August 21, 1996; 
Public Law 104-201 [National Defense Authorization Act for Fiscal Year 
 1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996; Public 
  Law 104-294 [Economic Espionage Act of 1996; H.R. 3723], 110 Stat. 
     3488, approved October 11, 1996; Public Law 105-118 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
 1998; H.R. 2159], 111 Stat. 2386, approved November 26, 1997; and by 
 Public Law 105-277 [Chemical Weapons Convention Implementation Act of 
 1998; division I of H.R. 4328], 112 Stat. 2681-856, approved October 
                                21, 1998

                      Chapter 113B--Terrorism \3\

Sec.
2331.  Definitions.
2332.  Criminal penalties.
2332a.  Use of certain \4\ weapons of mass destruction.
2332b.  Acts of terrorism transcending national boundaries.
2332d.  Financial transactions.
2332e.  Requests for military assistance to enforce prohibition in 
          certain emergencies.
2333.  Civil remedies.
2334.  Jurisdiction and venue.
2335.  Limitation of actions.
2336.  Other limitations.
2337.  Suits against Government officials.
2338.  Exclusive Federal jurisdiction.
2339A.  Providing material support to terrorists.
2339B.  Providing material support or resources to designated foreign 
          terrorist organizations.

Sec. 2331.\2\ Definitions

    As used in this chapter--
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    \1\ See also the establishment of the National Commission on 
Terrorism, sec. 591 of sec. 101(d) of Public Law 105-277 (112 Stat. 
2681), in Legislation on Foreign Relations Through 2001, vol. I-A. See 
also PLO Commitments Compliance Act of 1989, title VIII of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 
101-246; 104 Stat. 76), page 379. See also 49 U.S.C. 44901 et seq., 
relating to aviation security, and other legislation relating to 
aviation security, in Legislation on Foreign Relations Through 2001, 
vol. IV.
    \2\ Sec. 132 of Public Law 101-519 (104 Stat. 225) amended section 
2331 of chapter 113A, title 18, U.S.C., redesignated it as section 
2332, and added new secs. 2331, 2333 through 2338. Sec. 132(d) of that 
Act further provided that ``This section and the amendments made by 
this section shall apply to any pending case and any cause of action 
arising on or after 3 years before the date of enactment of this 
section.''.
    However, sec. 402 of Public Law 102-27 (105 Stat. 155), as amended 
by sec. 126 of Public Law 102-136 (105 Stat. 643), repealed the 
amendments of Public Law 101-519, restoring sec. 2332 as sec. 2331. 
Sec. 402 of Public Law 102-27, as amended, provided as follows:
    ``sec. 402. military construction.
    ``(a) In Public Law 101-519, the Military Construction 
Appropriations Act, 1991, sections 131 and 132 are hereby repealed 
effective November 5, 1990.
    ``(b) Effective November 5, 1990, chapter 113A of title 18, United 
States Code, is amended to read as if section 132 of Public Law 101-519 
[104 Stat. 2250] had not been enacted.''.
    Subsequently, sec. 1003(a) of the Federal Courts Administration Act 
of 1992 (Public Law 102-572; 106 Stat. 4521) redesignated sec. 2331 as 
2332, and inserted new secs. 2331, 2333-2338, with such amendments 
applicable ``to any pending case or any cause of action arising on or 
after 4 years before the date of enactment of this Act'', pursuant to 
sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 U.S.C. 2331 
note).
    \3\ Sec. 250002(a) of Public Law 103-322 (108 Stat. 2082) 
redesignated this chapter as chapter 113B from chapter 113A, and 
inserted a new chapter 113A relating to telemarketing fraud.
    \4\ Sec. 201(b)(1)(A) of the Chemical Weapons Convention 
Implementation Act of 1998 (division I of Public Law 105-277; 112 Stat. 
2681-871) inserted ``certain'' before ``weapons'' in the section 
catchline of sec. 2332a. Sec. (c) of that Act repealed sec. 2332c, 
relating to chemical weapons. See 18 U.S.C. Chapter 11B, as added by 
sec. 201(a) of the Chemical Weapons Convention Implementation Act of 
1998, page 1688.
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          (1) the term ``international terrorism'' means 
        activities that--
                  (A) involve violent acts or acts dangerous to 
                human life that are a violation of the criminal 
                laws of the United States or of any State, or 
                that would be a criminal violation if committed 
                within the jurisdiction of the United States or 
                of any State;
                  (B) appear to be intended--
                          (i) to intimidate or coerce a 
                        civilian population;
                          (ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          (iii) to affect the conduct of a 
                        government by assassination or 
                        kidnapping; and
                  (C) occur primarily outside the territorial 
                jurisdiction of the United States, or transcend 
                national boundaries in terms of the means by 
                which they are accomplished, the persons they 
                appear intended to intimidate or coerce, or the 
                locale in which their perpetrators operate or 
                seek asylum;
          (2) the term ``national of the United States'' has 
        the meaning given such term in section 101(a)(22) of 
        the Immigration and Nationality Act;
          (3) the term ``person'' means any individual or 
        entity capable of holding a legal or beneficial 
        interest in property; and
          (4) the term ``act of war'' means any act occurring 
        in the course of--
                  (A) declared war;
                  (B) armed conflict, whether or not war has 
                been declared, between two or more nations; or
                  (C) armed conflict between military forces of 
                any origin.

Sec. 2332.\5\ Criminal penalties

    (a) Homicide.--Whoever kills a national of the United 
States, while such national is outside the United States, 
shall--
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    \5\ This section was added as sec. 2331 by sec. 1202(a) of Public 
Law 99-399 (100 Stat. 896), with a caption that read ``Terrorist acts 
abroad against United States nationals''. Sec. 1003(a)(2) of Public Law 
102-572 (106 Stat. 4521) redesignated sec. 2331 as 2332, struck out the 
caption, and inserted in its place a caption that read ``Criminal 
penalties'', with such amendment applicable ``to any pending case or 
any cause of action arising on or after 4 years before the date of 
enactment of this Act'', pursuant to sec. 1003(c) of Public Law 102-572 
(106 Stat. 4524; 18 U.S.C. 2331 note).
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          (1) \6\ if the killing is murder (as defined in 
        section 1111(a), be fined under this title, punished by 
        death or imprisonment for any term of years or for 
        life, or both.
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    \6\ Sec. 60022 of Public Law 103-322 (108 Stat. 1980) amended and 
restated sec. 2332(a)(1). It formerly read as follows:
    ``(1) if the killing is a murder as defined in section 1111(a) of 
this title, be fined under this title or imprisoned for any term of 
years or for life, or both so fined and so imprisoned;''.
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          (2) if the killing is a voluntary manslaughter as 
        defined in section 1112(a) of this title, be fined 
        under this title or imprisoned not more than ten years, 
        or both; and
          (3) if the killing is an involuntary manslaughter as 
        defined in section 1112(a) of this title, be fined 
        under this title or imprisoned not more than three 
        years, or both.
    (b) Attempt or Conspiracy With Respect to Homicide.--
Whoever outside the United States attempts to kill, or engages 
in a conspiracy to kill, a national of the United States 
shall--
          (1) in the case of an attempt to commit a killing 
        that is a murder as defined in this chapter, be fined 
        under this title or imprisoned not more than 20 years, 
        or both; and
          (2) in the case of a conspiracy by two or more 
        persons to commit a killing that is a murder as defined 
        in section 1111(a) of this title, if one or more of 
        such persons do any overt act to effect the object of 
        the conspiracy, be fined under this title or imprisoned 
        for any term of years or for life, or both so fined and 
        so imprisoned.
    (c) Other Conduct.--Whoever outside the United States 
engages in physical violence--
          (1) with intent to cause serious bodily injury to a 
        national of the United States; or
          (2) with the result that serious bodily harm is 
        caused to a national of the United States;
shall be fined under this title or imprisoned not more than ten 
\7\ years, or both.
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    \7\ Sec. 705(a)(6) of Public Law 104-132 (110 Stat. 1295) struck 
out ``five'' and inserted in lieu thereof ``ten''.
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    (d) \8\ Limitation on Prosecution.--No prosecution for any 
offense described in this section shall be undertaken by the 
United States except on written certification of the Attorney 
General or the highest ranking subordinate of the Attorney 
General with responsibility for criminal prosecutions that, in 
the judgment of the certifying official, such offense was 
intended to coerce, intimidate, or retaliate against a 
government or a civilian population.
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    \8\ Sec. 1003(a)(1) of Public Law 102-572 (106 Stat. 4521) struck 
out subsec. (d), and redesignated subsec. (e) as (d), with such 
amendment applicable ``to any pending case or any cause of action 
arising on or after 4 years before the date of enactment of this Act'', 
pursuant to sec. 1003(c) of Public Law 102-572 (106 Stat. 4524; 18 
U.S.C. 2331 note). Subsec. (d) defined ``national of the United 
States'' as having the meaning given in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
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Sec. 2332a.\9\ Use of certain weapons of mass destruction \10\

    (a) \11\ Offense Against a National of the United States or 
Within the United States.--A person who, without lawful 
authority, uses, threatens, or attempts \12\ or conspires to 
use, a weapon of mass destruction (other than a chemical weapon 
as that term is defined in section 229F),\13\ including any 
biological agent, toxin, or vector (as those terms are defined 
in section 178)--\14\
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    \9\ Sec. 60023(a) of Public Law 103-322 (108 Stat. 1980) added sec. 
2332a.
    \10\ Sec. 201(b)(1)(A) of the Chemical Weapons Convention 
Implementation Act of 1998 (division I of Public Law 105-277; 112 Stat. 
2681-871) inserted ``certain'' before ``weapons''.
    \11\ Sec. 725(1)(A) of Public Law 104-132 (110 Stat. 1300) inserted 
``Against a National of the United States or Within the United States'' 
after ``Offense'' in the subsec. heading.
    \12\ Sec. 725(1)(B) of Public Law 104-132 (110 Stat. 1300) struck 
out ``uses, or attempts'' and inserted in lieu thereof ``, without 
lawful authority, uses, threatens, or attempts''.
    \13\ Sec. 201(b)(1)(B) of the Chemical Weapons Convention 
Implementation Act of 1998 (division I of Public Law 105-277; 112 Stat. 
2681-871) inserted ``(other than a chemical weapon as that term is 
defined in section 229F)''. See the Chemical Weapons Convention 
Implementation Act of 1998 for that section, beginning at page 1688.
    \14\ Sec. 511(c) of Public Law 104-132 (110 Stat. 1284) added 
``including any biological agent, toxin, or vector (as those terms are 
defined in section 178)'' after ``destruction''.
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          (1) against a national of the United States while 
        such national is outside of the United States;
          (2) against any person within the United States, and 
        the results of such use affect interstate or foreign 
        commerce or, in the case of a threat, attempt, or 
        conspiracy, would have affected interstate or foreign 
        commerce; \15\ or
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    \15\ Sec. 725(1)(C) of Public Law 104-132 (110 Stat. 1300) added 
``, and the results of such use affect interstate or foreign commerce 
or, in the case of a threat, attempt, or conspiracy, would have 
affected interstate or foreign commerce''.
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          (3) against any property that is owned, leased or 
        used by the United States or by any department or 
        agency of the United States, whether the property is 
        within or outside of the United States,
shall be imprisoned for any term of years or for life, and if 
death results, shall be punished by death or imprisoned for any 
term of years of for life.
    (b) \16\ Offense by National of the United States Outside 
of the United States.--Any national of the United States who, 
without lawful authority, uses, or threatens, attempts, or 
conspires to use, a weapon of mass destruction (other than a 
chemical weapon (as that term is defined in section 229F)) \17\ 
outside of the United States shall be imprisoned for any term 
of years or for life, and if death results, shall be punished 
by death, or by imprisonment for any term of years or for life.
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    \16\ Sec. 725(3) and (4) of Public Law 104-132 (110 Stat. 1300) 
redesignated subsec. (b) as subsec. (c), and added a new subsec. (b).
    \17\ Sec. 201(b)(1)(C) of the Chemical Weapons Convention 
Implementation Act of 1998 (division I of Public Law 105-277; 112 Stat. 
2681-871) inserted ``(other than a chemical weapon (as that term is 
defined in section 229F))''.
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    (c) \16\ Definitions.--For purposes of this section--
          (1) the term ``national of the United States'' has 
        the meaning given in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 
        and
          (2) the term ``weapon of mass destruction'' means--
                  (A) any destructive device as defined in 
                section 921 of this title;
          (B) \18\ any weapon that is designed or intended to 
        cause death or serious bodily injury through the 
        release, dissemination, or impact of toxic or poisonous 
        chemicals, or their precursors;
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    \18\ Sec. 725(2) of Public Law 104-132 (110 Stat. 1300), as amended 
by sec. 605(m) of Public Law 104-294 (110 Stat. 3510), amended and 
restated subpara. (B). It formerly read ``(B) poison gas;''
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                  (C) any weapon involving a disease organism; 
                or
                  (D) any weapon that is designed to release 
                radiation or radioactivity at a level dangerous 
                to human life.

Sec. 2332b.\19\ Acts of terrorism transcending national boundaries

    (a) Prohibited Acts.--
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    \19\ Added by sec. 702(a) of Public Law 104-132 (110 Stat. 1291).
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          (1) Offenses.--Whoever, involving conduct 
        transcending national boundaries and in a circumstance 
        described in subsection (b)--
                  (A) kills, kidnaps, maims, commits an assault 
                resulting in serious bodily injury, or assaults 
                with a dangerous weapon any person within the 
                United States; or
                  (B) creates a substantial risk of serious 
                bodily injury to any other person by destroying 
                or damaging any structure, conveyance, or other 
                real or personal property within the United 
                States or by attempting or conspiring to 
                destroy or damage any structure, conveyance, or 
                other real or personal property within the 
                United States;
        in violation of the laws of any State, or the United 
        States, shall be punished as prescribed in subsection 
        (c).
          (2) Treatment of threats, attempts and 
        conspiracies.--Whoever threatens to commit an offense 
        under paragraph (1), or attempts or conspires to do so, 
        shall be punished under subsection (c).
    (b) Jurisdictional Bases.--
          (1) Circumstances.--The circumstances referred to in 
        subsection (a) are--
                  (A) \20\ the mail or any facility of 
                interstate or foreign commerce is used \20\ in 
                furtherance of the offense;
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    \20\ Sec. 601(s)(1) of Public Law 104-294 (110 Stat. 3502) struck 
out ``any of the offenders uses'' at the beginning of subpara. (A) and 
inserted ``is used'' after ``foreign commerce''.
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                  (B) the offense obstructs, delays, or affects 
                interstate or foreign commerce, or would have 
                so obstructed, delayed, or affected interstate 
                or foreign commerce if the offense had been 
                consummated;
                  (C) the victim, or intended victim, is the 
                United States Government, a member of the 
                uniformed services, or any official, officer, 
                employee, or agent of the legislative, 
                executive, or judicial branches, or of any 
                department or agency, of the United States;
                  (D) the structure, conveyance, or other real 
                or personal property is, in whole or in part, 
                owned, possessed, or leased to the United 
                States, or any department or agency of the 
                United States;
                  (E) the offense is committed in the 
                territorial sea (including the airspace above 
                and the seabed and subsoil below, and 
                artificial islands and fixed structures erected 
                thereon) of the United States; or
                  (F) the offense is committed within the 
                special maritime and territorial jurisdiction 
                of the United States.
          (2) Co-conspirators and accessories after the fact.--
        Jurisdiction shall exist over all principals and co-
        conspirators of an offense under this section, and 
        accessories after the fact to any offense under this 
        section, if at least one of the circumstances described 
        in subparagraphs (A) through (F) of paragraph (1) is 
        applicable to at least one offender.
    (c) Penalties.--
          (1) Penalties.--Whoever violates this section shall 
        be punished--
                  (A) for a killing, or if death results to any 
                person from any other conduct prohibited by 
                this section, by death, or by imprisonment for 
                any term of years or for life;
                  (B) for kidnapping, by imprisonment for any 
                term of years or for life;
                  (C) for maiming, by imprisonment for not more 
                than 35 years;
                  (D) for assault with a dangerous weapon or 
                assault resulting in serious bodily injury, by 
                imprisonment for not more than 30 years;
                  (E) for destroying or damaging any structure, 
                conveyance, or other real or personal property, 
                by imprisonment for not more than 25 years;
                  (F) for attempting or conspiring to commit an 
                offense, for any term of years up to the 
                maximum punishment that would have applied had 
                the offense been completed; and
                  (G) for threatening to commit an offense 
                under this section, by imprisonment for not 
                more than 10 years.
          (2) Consecutive sentence.--Notwithstanding any other 
        provision of law, the court shall not place on 
        probation any person convicted of a violation of this 
        section; nor shall the term of imprisonment imposed 
        under this section run concurrently with any other term 
        of imprisonment.
    (d) Proof Requirements.--The following shall apply to 
prosecutions under this section:
          (1) Knowledge.--The prosecution is not required to 
        prove knowledge by any defendant of a jurisdictional 
        base alleged in the indictment.
          (2) State law.--In a prosecution under this section 
        that is based upon the adoption of State law, only the 
        elements of the offense under State law, and not any 
        provisions pertaining to criminal procedure or 
        evidence, are adopted.
    (e) Extraterritorial Jurisdiction.--There is 
extraterritorial Federal jurisdiction--
          (1) over any offense under subsection (a), including 
        any threat, attempt, or conspiracy to commit such 
        offense; and
          (2) over conduct which, under section 3, renders any 
        person an accessory after the fact to an offense under 
        subsection (a).
    (f) Investigative Authority.--In addition to any other 
investigative authority with respect to violations of this 
title, the Attorney General shall have primary investigative 
responsibility for all Federal crimes of terrorism, and the 
Secretary of the Treasury shall assist the Attorney General at 
the request of the Attorney General. Nothing in this section 
shall be construed to interfere with the authority of the 
United States Secret Service under section 3056.
    (g) Definitions.--As used in this section--
          (1) the term ``conduct transcending national 
        boundaries'' means conduct occurring outside of the 
        United States in addition to the conduct occurring in 
        the United States;
          (2) the term ``facility of interstate or foreign 
        commerce'' has the meaning given that term in section 
        1958(b)(2);
          (3) the term ``serious bodily injury'' has the 
        meaning given that term in section 1365(g)(3);
          (4) the term ``territorial sea of the United States'' 
        means all waters extending seaward to 12 nautical miles 
        from the baselines of the United States, determined in 
        accordance with international law; and
          (5) the term ``Federal crime of terrorism'' means an 
        offense that--
                  (A) is calculated to influence or affect the 
                conduct of government by intimidation or 
                coercion, or to retaliate against government 
                conduct; and
                  (B) is a violation of--
                          (i) section 32 (relating to 
                        destruction of aircraft or aircraft 
                        facilities), 37 (relating to violence 
                        at international airports), 81 
                        (relating to arson within special 
                        maritime and territorial jurisdiction), 
                        175 (relating to biological weapons), 
                        351 (relating to congressional, 
                        cabinet, and Supreme Court 
                        assassination, kidnapping, and 
                        assault), 831 (relating to nuclear 
                        materials), 842 (m) or (n) (relating to 
                        plastic explosives), 844(e) (relating 
                        to certain bombings), 844 (f) or (i) 
                        (relating to arson and bombing of 
                        certain property),930(c),\21\ 956 
                        (relating to conspiracy to injure 
                        property of a foreign government), 1114 
                        (relating to protection of officers and 
                        employees of the United States), 1116 
                        (relating to murder or manslaughter of 
                        foreign officials, official guests, or 
                        internationally protected persons), 
                        1203 (relating to hostage taking), 1361 
                        (relating to injury of Government 
                        property or contracts), 1362 (relating 
                        to destruction of communication lines, 
                        stations, or systems), 1363 (relating 
                        to injury to buildings or property 
                        within special maritime and territorial 
                        jurisdiction of the United States), 
                        1366 (relating to destruction of an 
                        energy facility), 1751 (relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and 
                        assault), 1992,\21\ 2152 (relating to 
                        injury of fortifications, harbor 
                        defenses, or defensive sea areas), 2155 
                        (relating to destruction of national 
                        defense materials, premises, or 
                        utilities), 2156 (relating to 
                        production of defective national 
                        defense materials, premises, or 
                        utilities), 2280 (relating to violence 
                        against maritime navigation), 2281 
                        (relating to violence against maritime 
                        fixed platforms), 2332 (relating to 
                        certain homicides and other violence 
                        against United States nationals 
                        occurring outside of the United 
                        States), 2332a (relating to use of 
                        weapons of mass destruction), 2332b 
                        (relating to acts of terrorism 
                        transcending national boundaries), 
                        2332c,\21\ 2339A (relating to providing 
                        material support to terrorists), 2339B 
                        (relating to providing material support 
                        to terrorist organizations), or 2340A 
                        (relating to torture);
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    \21\ Sec. 601(s)(3) of Public Law 104-294 (110 Stat. 3502) inserted 
reference to secs. 930(c), 1992, and 2332c.
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                          (ii) section 236 (relating to 
                        sabotage of nuclear facilities or fuel) 
                        of the Atomic Energy Act of 1954 (42 
                        U.S.C. 2284); or
                          (iii) section 46502 (relating to 
                        aircraft piracy) or section 60123(b) 
                        (relating to destruction of interstate 
                        gas or hazardous liquid pipeline 
                        facility) of title 49.

Sec. 2332c.\22\ * * * [Repealed--1998]
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    \22\ Originally added by sec. 521(a) of Public Law 104-132 (110 
Stat. 1286); repealed by sec. 201(c) of the Chemical Weapons Convention 
Implementation Act of 1998 (division I of Public Law 105-277; 112 Stat. 
2681-871). See that Act, beginning at page 1688. Sec. 2332c formerly 
read as follows:
    ``Sec. 2332c. Use of chemical weapons
    ``(a) Prohibited Acts.--
---------------------------------------------------------------------------

          ``(1) Offense.--A person shall be punished under paragraph 
        (2) if that person, without lawful authority, uses, or attempts 
        or conspires to use, a chemical weapon against--

                  ``(A) a national of the United States while such 
                national is outside of the United States;
                  ``(B) any person within the United States; or
                  ``(C) any property that is owned, leased, or used by 
                the United States or by any department or agency of the 
                United States, whether the property is within or 
                outside of the United States.

          ``(2) Penalties.--A person who violates paragraph (1)--

                  ``(A) shall be imprisoned for any term of years or 
                for life; or
                  ``(B) if death results from that violation, shall be 
                punished by death or imprisoned for any term of years 
                or for life.
---------------------------------------------------------------------------
    ``(b) Definitions.--As used in this section--
---------------------------------------------------------------------------

          ``(1) the term `national of the United States' has the same 
        meaning as in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
          ``(2) the term `chemical weapon' means any weapon that is 
        designed or intended to cause widespread death or serious 
        bodily injury through the release, dissemination, or impact of 
        toxic or poisonous chemicals or precursors of toxic or 
        poisonous chemicals.''.

Sec. 2332d.\23\ Financial transactions

    (a) Offense.--Except as provided in regulations issued by 
the Secretary of the Treasury, in consultation with the 
Secretary of State, whoever, being a United States person, 
knowing or having reasonable cause to know that a country is 
designated under section 6(j) of the Export Administration Act 
(50 U.S.C. App. 2405) as a country supporting international 
terrorism, engages in a financial transaction with the 
government of that country, shall be fined under this title, 
imprisoned for not more than 10 years, or both.
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    \23\ Sec. 321(a) of Public Law 104-132 (110 Stat. 1254) added sec. 
2332d. Sec. 321(c) of that Act also provided that ``The amendments made 
by this section shall become effective 120 days after the date of 
enactment of this Act.'' [enactment date, April 24, 1996].
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    (b) Definitions.--As used in this section--
          (1) the term ``financial transaction'' has the same 
        meaning as in section 1956(c)(4); and
          (2) the term ``United States person'' means any--
                  (A) United States citizen or national;
                  (B) permanent resident alien;
                  (C) juridical person organized under the laws 
                of the United States; or
                  (D) any person in the United States.

Sec. 2332e.\24\ Requests for military assistance to enforce prohibition 
                    in certain emergencies

    The Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in support 
of Department of Justice activities relating to the enforcement 
of section 2332c of this title during an emergency situation 
involving a chemical weapon of mass destruction. The authority 
to make such a request may be exercised by another official of 
the Department of Justice in accordance with section 382(f)(2) 
of title 10.
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    \24\ Sec. 1416(c)(2)(A) of Public Law 104-201 (110 Stat. 2723) 
added this section as section 2332d to ``chapter 133B of title 18, 
United States Code, that relates to terrorism after section 2332c''. 
There is no chapter 133B; it is assumed the amendment is to chapter 
113B. Sec. 605(q) of Public Law 104-294 (110 Stat. 3510) subsequently 
redesignated the section as sec. 2332e and moved the section to follow 
sec. 2332d.
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Sec. 2333.\2\ Civil remedies

    (a) Action and Jurisdiction.--Any national of the United 
States injured in his or her person, property, or business by 
reason of an act of international terrorism, or his or her 
estate, survivors, or heirs, may sue therefor in any 
appropriate district court of the United States and shall 
recover threefold the damages he or she sustains and the cost 
of the suit, including attorney's fees.
    (b) Estoppel Under United States Law.--A final judgment or 
decree rendered in favor of the United States in any criminal 
proceeding under section 1116, 1201, 1203, or 2332 of this 
title or section 46314, 46502, 46505, or 46506 of title 49 \25\ 
shall estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil 
proceeding under this section.
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    \25\ Sec. 2(1) of Public Law 103-429 (108 Stat. 4377) struck out 
``section 902(i), (k), (l), (n), or (r) of the Federal Aviation Act of 
1958 (49 U.S.C. App. 1472(i), (k), (l), (n), or (r))'' and inserted in 
lieu thereof ``section 46314, 46502, 46505, or 46506 of title 49''.
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    (c) Estoppel Under Foreign Law.--A final judgment or decree 
rendered in favor of any foreign state in any criminal 
proceeding shall, to the extent that such judgment or decree 
may be accorded full faith and credit under the law of the 
United States, estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil 
proceeding under this section.

Sec. 2334.\2\ Jurisdiction and venue

    (a) General Venue.--Any civil action under section 2333 of 
this title against any person may be instituted in the district 
court of the United States for any district where any plaintiff 
resides or where any defendant resides or is served, or has an 
agent. Process in such a civil action may be served in any 
district where the defendant resides, is found, or has an 
agent.
    (b) Special Maritime or Territorial Jurisdiction.--If the 
actions giving rise to the claim occurred within the special 
maritime and territorial jurisdiction of the United States, as 
defined in section 7 of this title, then any civil action under 
section 2333 of this title against any person may be instituted 
in the district court of the United States for any district in 
which any plaintiff resides or the defendant resides, is 
served, or has an agent.
    (c) Service on Witnesses.--A witness in a civil action 
brought under section 2333 of this title may be served in any 
other district where the defendant resides, is found, or has an 
agent.
    (d) Convenience of the Forum.--The district court shall not 
dismiss any action brought under section 2333 of this title on 
the grounds of the inconvenience or inappropriateness of the 
forum chosen, unless--
          (1) the action may be maintained in a foreign court 
        that has jurisdiction over the subject matter and over 
        all the defendants;
          (2) that foreign court is significantly more 
        convenient and appropriate; and
          (3) that foreign court offers a remedy which is 
        substantially the same as the one available in the 
        courts of the United States.

Sec. 2335.\2\ Limitation of actions

    (a) In General.--Subject to subsection (b), a suit for 
recovery of damages under section 2333 of this title shall not 
be maintained unless commenced within 4 years after the date 
the cause of action accrued.
    (b) Calculation of Period.--The time of the absence of the 
defendant from the United States or from any jurisdiction in 
which the same or a similar action arising from the same facts 
may be maintained by the plaintiff, or of any concealment of 
the defendant's whereabouts, shall not be included in the 4-
year period set forth in subsection (a).

Sec. 2336.\2\ Other limitations

    (a) Acts of War.--No action shall be maintained under 
section 2333 of this title for injury or loss by reason of an 
act of war.
    (b) Limitation on Discovery.--If a party to an action under 
section 2333 seeks to discover the investigative files of the 
Department of Justice, the Assistant Attorney General, Deputy 
Attorney General, or Attorney General may object on the ground 
that compliance will interfere with a criminal investigation or 
prosecution of the incident, or a national security operation 
related to the incident, which is the subject of the civil 
litigation. The court shall evaluate any such objections in 
camera and shall stay the discovery if the court finds that 
granting the discovery request will substantially interfere 
with a criminal investigation or prosecution of the incident or 
a national security operation related to the incident. The 
court shall consider the likelihood of criminal prosecution by 
the Government and other factors it deems to be appropriate. A 
stay of discovery under this subsection shall constitute a bar 
to the granting of a motion to dismiss under rules 12(b)(6) and 
56 of the Federal Rules of Civil Procedure. If the court grants 
a stay of discovery under this subsection, it may stay the 
action in the interests of justice.
    (c) Stay of Action for Civil Remedies.--(1) The Attorney 
General may intervene in any civil action brought under section 
2333 for the purpose of seeking a stay of the civil action. A 
stay shall be granted if the court finds that the continuation 
of the civil action will substantially interfere with a 
criminal prosecution which involves the same subject matter and 
in which an indictment has been returned, or interfere with 
national security operations related to the terrorist incident 
that is the subject of the civil action. A stay may be granted 
for up to 6 months. The Attorney General may petition the court 
for an extension of the stay for additional 6-month periods 
until the criminal prosecution is completed or dismissed.
    (2) In a proceeding under this subsection, the Attorney 
General may request that any order issued by the court for 
release to the parties and the public omit any reference to the 
basis on which the stay was sought.

Sec. 2337.\2\ Suits against Government officials

    No action shall be maintained under section 2333 of this 
title against--
          (1) the United States, an agency of the United 
        States, or an officer or employee of the United States 
        or any agency thereof acting within his or her official 
        capacity or under color of legal authority; or
          (2) a foreign state, an agency of a foreign state, or 
        an officer or employee of a foreign state or an agency 
        thereof acting within his or her official capacity or 
        under color of legal authority.

Sec. 2338.\2\ Exclusive Federal jurisdiction

    The district courts of the United States shall have 
exclusive jurisdiction over an action brought under this 
chapter.

Sec. 2339A.\26\ Providing material support to terrorists

    (a) Offense.--Whoever, within the United States, provides 
material support or resources or conceals or disguises the 
nature, location, source, or ownership of material support or 
resources, knowing or intending that they are to be used in 
preparation for, or in carrying out, a violation of section 32, 
37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 
930(c),\27\ 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 
1751, 1992,\27\ 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 
2332c,\27\ or 2340A of this title or section 46502 of title 49, 
or in preparation for, or in carrying out, the concealment or 
an escape \28\ from the commission of any such violation, shall 
be fined under this title, imprisoned not more than 10 years, 
or both.
---------------------------------------------------------------------------
    \26\ No sec. 2339 is enacted. Sec. 2339A was added by sec. 12005(a) 
of Public Law 103-322 (108 Stat. 2022), and amended and restated by 
sec. 323 of Public Law 104-132 (110 Stat. 1255). It formerly read as 
follows:
    ``Sec. 2339A. Providing material support to terrorists
    ``(a) Definition.--In this section, `material support or resources' 
means currency or other financial securities, financial services, 
lodging, training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets, but 
does not include humanitarian assistance to persons not directly 
involved in such violations.
    ``(b) Offense.--A person who, within the United States, provides 
material support or resources or conceals or disguises the nature, 
location, source, or ownership of material support or resources, 
knowing or intending that they are to be used in preparation for, or in 
carrying out, a violation of section 32, 36, 351, 844(f) or (i), 1114, 
1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this title 
or section 46502 of title 49, or in preparation for or carrying out the 
concealment of an escape from the commission of any such violation, 
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(c) Investigations.--
---------------------------------------------------------------------------

          ``(1) In general.-Within the United States, an investigation 
        may be initiated or continued under this section only when 
        facts reasonably indicate that--

                  ``(A) in the case of an individual, the individual 
                knowingly or intentionally engages, has engaged, or is 
                about to engage in the violation of this or any other 
                Federal criminal law; and
                  ``(B) in the case of a group of individuals, the 
                group knowingly or intentionally engages, has engaged, 
                or is about to engage in the violation of this or any 
                other Federal criminal law.

          ``(2) Activities protected by the first amendment.--An 
        investigation may not be initiated or continued under this 
        section based on activities protected by the First Amendment to 
        the Constitution, including expressions of support or the 
        provision of financial support for the nonviolent political, 
        religious, philosophical, or ideological goals or beliefs of 
        any person or group.''.
---------------------------------------------------------------------------
    Sec. 601(b)(2) of Public Law 104-294 (110 Stat. 3498) made 
amendments to language in sec. 2339A(b) that is no longer in law, and 
probably refers to the former language. These amendments include: (A) 
striking ``2331'' and inserting ``2332''; (B) striking ``2339'' and 
inserting ``2332a''; (C) striking ``36'' and inserting ``37''; and (D) 
striking ``of an escape'' and inserting ``or an escape''.
    \27\ Sec. 601(s)(2) of Public Law 104-294 (110 Stat. 3502) inserted 
``or an escape'' after ``concealment''.
    \28\ Sec. 601(s)(3) of Public Law 104-294 (110 Stat. 3502) inserted 
reference to secs. 930(c), 1992, and 2332c.
---------------------------------------------------------------------------
    (b) Definition.--In this section, the term ``material 
support or resources'' means currency or other financial 
securities, financial services, lodging, training, safehouses, 
false documentation or identification, communications 
equipment, facilities, weapons, lethal substances, explosives, 
personnel, transportation, and other physical assets, except 
medicine or religious materials.

Sec. 2339B.\29\ Providing material support or resources to designated 
                    foreign terrorist organizations

    (a) Prohibited Activities.--
---------------------------------------------------------------------------
    \29\ Sec. 303(a) of Public Law 104-132 (110 Stat. 1250) added sec. 
2339B.
---------------------------------------------------------------------------
          (1) Unlawful conduct.--Whoever, within the United 
        States or subject to the jurisdiction of the United 
        States, knowingly provides material support or 
        resources to a foreign terrorist organization, or 
        attempts or conspires to do so, shall be fined under 
        this title or imprisoned not more than 10 years, or 
        both.
          (2) Financial institutions.--Except as authorized by 
        the Secretary, any financial institution that becomes 
        aware that it has possession of, or control over, any 
        funds in which a foreign terrorist organization, or its 
        agent, has an interest, shall--
                  (A) retain possession of, or maintain control 
                over, such funds; and
                  (B) report to the Secretary the existence of 
                such funds in accordance with regulations 
                issued by the Secretary.
  (b) Civil Penalty.--Any financial institution that knowingly 
fails to comply with subsection (a)(2) shall be subject to a 
civil penalty in an amount that is the greater of--
                  (A) $50,000 per violation; or
                  (B) twice the amount of which the financial 
                institution was required under subsection 
                (a)(2) to retain possession or control.
  (c) Injunction.--Whenever it appears to the Secretary or the 
Attorney General that any person is engaged in, or is about to 
engage in, any act that constitutes, or would constitute, a 
violation of this section, the Attorney General may initiate 
civil action in a district court of the United States to enjoin 
such violation.
  (d) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
  (e) Investigations.--
          (1) In general.--The Attorney General shall conduct 
        any investigation of a possible violation of this 
        section, or of any license, order, or regulation issued 
        pursuant to this section.
          (2) Coordination with the department of the 
        treasury.--The Attorney General shall work in 
        coordination with the Secretary in investigations 
        relating to--
                  (A) the compliance or noncompliance by a 
                financial institution with the requirements of 
                subsection (a)(2); and
                  (B) civil penalty proceedings authorized 
                under subsection (b).
          (3) Referral.--Any evidence of a criminal violation 
        of this section arising in the course of an 
        investigation by the Secretary or any other Federal 
        agency shall be referred immediately to the Attorney 
        General for further investigation. The Attorney General 
        shall timely notify the Secretary of any action taken 
        on referrals from the Secretary, and may refer 
        investigations to the Secretary for remedial licensing 
        or civil penalty action.
  (f) Classified Information in Civil Proceedings Brought by 
the United States.--
          (1) Discovery of classified information by 
        defendants.--
                  (A) Request by united states.--In any civil 
                proceeding under this section, upon request 
                made ex parte and in writing by the United 
                States, a court, upon a sufficient showing, may 
                authorize the United States to--
                          (i) redact specified items of 
                        classified information from documents 
                        to be introduced into evidence or made 
                        available to the defendant through 
                        discovery under the Federal Rules of 
                        Civil Procedure;
                          (ii) substitute a summary of the 
                        information for such classified 
                        documents; or
                          (iii) substitute a statement 
                        admitting relevant facts that the 
                        classified information would tend to 
                        prove.
                  (B) Order granting request.--If the court 
                enters an order granting a request under this 
                paragraph, the entire text of the documents to 
                which the request relates shall be sealed and 
                preserved in the records of the court to be 
                made available to the appellate court in the 
                event of an appeal.
                  (C) Denial of request.--If the court enters 
                an order denying a request of the United States 
                under this paragraph, the United States may 
                take an immediate, interlocutory appeal in 
                accordance with paragraph (5). For purposes of 
                such an appeal, the entire text of the 
                documents to which the request relates, 
                together with any transcripts of arguments made 
                ex parte to the court in connection therewith, 
                shall be maintained under seal and delivered to 
                the appellate court.
          (2) Introduction of classified information; 
        precautions by court.--
                  (A) Exhibits.--To prevent unnecessary or 
                inadvertent disclosure of classified 
                information in a civil proceeding brought by 
                the United States under this section, the 
                United States may petition the court ex parte 
                to admit, in lieu of classified writings, 
                recordings, or photographs, one or more of the 
                following:
                          (i) Copies of items from which 
                        classified information has been 
                        redacted.
                          (ii) Stipulations admitting relevant 
                        facts that specific classified 
                        information would tend to prove.
                          (iii) A declassified summary of the 
                        specific classified information.
                  (B) Determination by court.--The court shall 
                grant a request under this paragraph if the 
                court finds that the redacted item, 
                stipulation, or summary is sufficient to allow 
                the defendant to prepare a defense.
          (3) Taking of trial testimony.--
                  (A) Objection.--During the examination of a 
                witness in any civil proceeding brought by the 
                United States under this subsection, the United 
                States may object to any question or line of 
                inquiry that may require the witness to 
                disclose classified information not previously 
                found to be admissible.
                  (B) Action by court.--In determining whether 
                a response is admissible, the court shall take 
                precautions to guard against the compromise of 
                any classified information, including--
                          (i) permitting the United States to 
                        provide the court, ex parte, with a 
                        proffer of the witness's response to 
                        the question or line of inquiry; and
                          (ii) requiring the defendant to 
                        provide the court with a proffer of the 
                        nature of the information that the 
                        defendant seeks to elicit.
                  (C) Obligation of defendant.--In any civil 
                proceeding under this section, it shall be the 
                defendant's obligation to establish the 
                relevance and materiality of any classified 
                information sought to be introduced.
          (4) Appeal.--If the court enters an order denying a 
        request of the United States under this subsection, the 
        United States may take an immediate interlocutory 
        appeal in accordance with paragraph (5).
          (5) Interlocutory appeal.--
                  (A) Subject of appeal.--An interlocutory 
                appeal by the United States shall lie to a 
                court of appeals from a decision or order of a 
                district court--
                          (i) authorizing the disclosure of 
                        classified information;
                          (ii) imposing sanctions for 
                        nondisclosure of classified 
                        information; or
                          (iii) refusing a protective order 
                        sought by the United States to prevent 
                        the disclosure of classified 
                        information.
                  (B) Expedited consideration.--
                          (i) In general.--An appeal taken 
                        pursuant to this paragraph, either 
                        before or during trial, shall be 
                        expedited by the court of appeals.
                          (ii) Appeals prior to trial.--If an 
                        appeal is of an order made prior to 
                        trial, an appeal shall be taken not 
                        later than 10 days after the decision 
                        or order appealed from, and the trial 
                        shall not commence until the appeal is 
                        resolved.
                          (iii) Appeals during trial.--If an 
                        appeal is taken during trial, the trial 
                        court shall adjourn the trial until the 
                        appeal is resolved, and the court of 
                        appeals--
                                  (I) shall hear argument on 
                                such appeal not later than 4 
                                days after the adjournment of 
                                the trial;
                                  (II) may dispense with 
                                written briefs other than the 
                                supporting materials previously 
                                submitted to the trial court;
                                  (III) shall render its 
                                decision not later than 4 days 
                                after argument on appeal; and
                                  (IV) may dispense with the 
                                issuance of a written opinion 
                                in rendering its decision.
                  (C) Effect of ruling.--An interlocutory 
                appeal and decision shall not affect the right 
                of the defendant, in a subsequent appeal from a 
                final judgment, to claim as error reversal by 
                the trial court on remand of a ruling appealed 
                from during trial.
          (6) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective 
        orders or asserting privileges ordinarily available to 
        the United States to protect against the disclosure of 
        classified information, including the invocation of the 
        military and State secrets privilege.
  (g) Definitions.--As used in this section--
          (1) the term ``classified information'' has the 
        meaning given that term in section 1(a) of the 
        Classified Information Procedures Act (18 U.S.C. App.);
          (2) the term ``financial institution'' has the same 
        meaning as in section 5312(a)(2) of title 31, United 
        States Code;
          (3) the term ``funds'' includes coin or currency of 
        the United States or any other country, traveler's 
        checks, personal checks, bank checks, money orders, 
        stocks, bonds, debentures, drafts, letters of credit, 
        any other negotiable instrument, and any electronic 
        representation of any of the foregoing;
          (4) the term ``material support or resources'' has 
        the same meaning as in section 2339A;
          (5) the term ``Secretary'' means the Secretary of the 
        Treasury; and
          (6) the term ``terrorist organization'' means an 
        organization designated as a terrorist organization 
        under section 219 of the Immigration and Nationality 
        Act.

                       CHAPTER 113C--TORTURE \30\

Sec.
2340.  Definitions.
2340A.  Torture.
2340B.  Exclusive remedies.

Sec. 2340. Definitions

    As used in this chapter--
---------------------------------------------------------------------------
    \30\ Originally designated as a second chapter 113B, added by sec. 
506(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995 (Public Law 103-236; 108 Stat. 463). Sec. 303(c) of Public Law 
104-132 (110 Stat. 1253) redesignated the chapter as ``Chapter 113C''. 
Sec. 601(j)(1) of Public Law 104-294 (110 Stat. 3501) made the same 
amendment.
    Sec. 506(c) of Public Law 103-236 (108 Stat. 464) further provided:
    ``(c) Effective Date.--The amendments made by this section shall 
take effect on the later of--
---------------------------------------------------------------------------

          ``(1) the date of enactment of this Act; or
          ``(2) the date on which the United States has become a party 
        to the Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment.'' [not yet entered into 
        force for the United States].
          (1) ``torture'' means an act committed by a person 
        acting under the color of law specifically intended to 
        inflict severe physical or mental pain or suffering 
        (other than pain or suffering incidental to lawful 
        sanctions) upon another person within his \31\ custody 
        or physical control;
---------------------------------------------------------------------------
    \31\ Sec. 1(k) of Public Law 103-415 (108 Stat. 4301) struck out 
``with'' and inserted in lieu thereof ``within his''.
---------------------------------------------------------------------------
          (2) ``severe mental pain or suffering'' means the 
        prolonged mental harm caused by or resulting from--
                  (A) the intentional infliction or threatened 
                infliction of severe physical pain or 
                suffering;
                  (B) the administration or application, or 
                threatened administration or application, of 
                mind-altering substances or other procedures 
                calculated to disrupt profoundly the senses or 
                the personality;
                  (C) the threat of imminent death; or
                  (D) the threat that another person will 
                imminently be subjected to death, severe 
                physical pain or suffering, or the 
                administration or application of mind-altering 
                substances or other procedures calculated to 
                disrupt profoundly the senses or personality; 
                and
          (3) ``United States'' includes all areas under the 
        jurisdiction of the United States including any of the 
        places described in sections 5 and 7 of this title and 
        section 40102(a) of title 49.\32\
---------------------------------------------------------------------------
    \32\ Sec. 1(2) of Public Law 103-429 (108 Stat. 4377) struck out 
``section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1301(38))'', and inserted in lieu thereof ``section 40102(a) of title 
49''.
---------------------------------------------------------------------------

Sec. 2340A. Torture

    (a) Offense.--Whoever outside the United States commits or 
attempts to commit torture shall be fined under this title or 
imprisoned not more than 20 years, or both, and if death 
results to any person from conduct prohibited by this 
subsection, shall be punished by death or \33\ imprisoned for 
any term of years or for life.
---------------------------------------------------------------------------
    \33\ Sec. 60020 of Public law 103-322 (108 Stat. 1979) inserted 
``punished by death or'' before imprisoned for any term''.
---------------------------------------------------------------------------
    (b) Jurisdiction.--There is jurisdiction over the activity 
prohibited in subsection (a) if--
          (1) the alleged offender is a national of the United 
        States; or
          (2) the alleged offender is present in the United 
        States, irrespective of the nationality of the victim 
        or alleged offender.

Sec. 2340B. Exclusive remedies

    Nothing in this chapter shall be construed as precluding 
the application of State or local laws on the same subject, nor 
shall anything in this chapter be construed as creating any 
substantive or procedural right enforceable by law by any party 
in any civil proceeding.
          * * * * * * *

                      CHAPTER 118--WAR CRIMES \34\

Sec.
2441.  War crimes.

Sec. 2441.\35\ War crimes

    (a) Offense.--Whoever, whether inside or outside the United 
States, commits a war crime,\36\ in any of the circumstances 
described in subsection (b), shall be fined under this title or 
imprisoned for life or any term of years, or both, and if death 
results to the victim, shall also be subject to the penalty of 
death.
---------------------------------------------------------------------------
    \34\ Added by sec. 2(a) of the War Crimes Act of 1996 (Public Law 
104-192; 110 Stat. 2104).
    \35\ Redesignated from sec. 2401 to sec. 2441 by 605(p)(1) of 
Public Law 104-294 (110 Stat. 3510).
    \36\ Sec. 583(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2436), struck out``grave breach of the Geneva Conventions'' and 
inserted in lieu thereof ``war crime''.
---------------------------------------------------------------------------
    (b) Circumstances.--The circumstances referred to in 
subsection (a) are that the person committing such war crime 
\37\ or the victim of such war crime \37\ is a member of the 
Armed Forces of the United States or a national of the United 
States (as defined in section 101 of the Immigration and 
Nationality Act).
---------------------------------------------------------------------------
    \37\ Sec. 583(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2436), struck out``breach'' and inserted in lieu thereof ``war 
crime''.
---------------------------------------------------------------------------
    (c) \38\ Definition.--As used in this section the term 
``war crime'' means any conduct--
---------------------------------------------------------------------------
    \38\ Sec. 583(3) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2436), amended and restated subsec. (c), which had formerly read 
as follows:
    ``(c) Definitions.--As used in this section, the term ``grave 
breach of the Geneva Conventions'' means conduct defined as a grave 
breach in any of the international conventions relating to the laws of 
warfare signed at Geneva 12 August 1949 or any protocol to any such 
convention, to which the United States is a party.''.
---------------------------------------------------------------------------
          (1) defined as a grave breach in any of the 
        international conventions signed at Geneva 12 August 
        1949, or any protocol to such convention to which the 
        United States is a party;
          (2) prohibited by Article 23, 25, 27, or 28 of the 
        Annex to the Hague Convention IV, Respecting the Laws 
        and Customs of War on Land, signed 18 October 1907;
          (3) which constitutes a violation of common Article 3 
        of the international conventions signed at Geneva, 12 
        August 1949, or any protocol to such convention to 
        which the United States is a party and which deals with 
        non-international armed conflict; or
          (4) of a person who, in relation to an armed conflict 
        and contrary to the provisions of the Protocol on 
        Prohibitions or Restrictions on the Use of Mines, 
        Booby-Traps and Other Devices as amended at Geneva on 3 
        May 1996 (Protocol II as amended on 3 May 1996), when 
        the United States is a party to such Protocol, 
        willfully kills or causes serious injury to civilians.
      b. Omnibus Diplomatic Security and Antiterrorism Act of 1986

Partial text of Public Law 99-399 [H.R. 4151], 100 Stat. 853, approved 
   August 27, 1986, as amended by Public Law 99-529 [Special Foreign 
Assistance Act of 1986, S. 1917], 100 Stat. 3010, approved October 24, 
   1986; by Public Law 100-204 [Foreign Relations Authorization Act, 
   Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331, approved 
 December 22, 1987; Public Law 100-202 [Continuing Appropriations Act, 
   1988; H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987; 
 Public Law 100-461 [Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989; H.R. 4637], 102 Stat. 2268, approved 
 October 1, 1988; Public Law 101-246 [Foreign Relations Authorization 
  Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved 
February 16, 1990; Public Law 102-138 [Foreign Relations Authorization 
 Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved 
 October 28, 1991; Public Law 103-236 [Foreign Relations Authorization 
 Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
    April 30, 1994; Public Law 103-415 [H.R. 5034], 108 Stat. 4299, 
approved October 25, 1994; Public Law 105-277 [Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 
  2681, approved October 21, 1998; and by Public Law 106-113 [Admiral 
  James W. Nance and Meg Donovan Foreign Relations Authorization Act, 
  Fiscal Years 2000 and 2001; H.R. 3427, enacted by reference in sec. 
1000(a)(7) of Public Law 106-113; H.R. 3194], 113 Stat. 1536, approved 
                           November 29, 1999

AN ACT To provide enhanced diplomatic security and combat international 
                   terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,\1\
---------------------------------------------------------------------------
    \1\22 U.S.C. 4801 note.
---------------------------------------------------------------------------

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Omnibus Diplomatic Security 
and Antiterrorism Act of 1986''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:
                                                                    Page
Sec. 1.  Short title..............................................   898
Sec. 2.  Table of contents........................................   898

                      TITLE I--DIPLOMATIC SECURITY

Sec. 101. Short title.............................................   900
Sec. 102. Findings and purposes...................................   900
Sec. 103. Responsibility of the Secretary of State................   901
Sec. 106. Cooperation of other Federal agencies...................   904
Sec. 107. Protection of foreign consulates........................   905

                           TITLE II--PERSONNEL

Sec. 201. Diplomatic Security Service.............................   905
Sec. 202. Director of Diplomatic Security Service.................   905
Sec. 203. Special Agents..........................................   905
Sec. 206. Contracting Authority...................................   906

                TITLE III--PERFORMANCE AND ACCOUNTABILITY

Sec. 301. Accountability review boards............................   906
Sec. 302. Accountability Review Board.............................   908
Sec. 303. Procedures..............................................   908
Sec. 304. Findings and recommendations by a Board.................   910
Sec. 305. Relation to other proceedings...........................   911

                  TITLE IV--DIPLOMATIC SECURITY PROGRAM

Sec. 401. Authorization...........................................   911
Sec. 402. Diplomatic construction program.........................   913
Sec. 403. Security requirements for contractors...................   915
Sec. 404. Qualifications of persons hired for the diplomatic 
    construction program..........................................   915
Sec. 405. Cost overruns...........................................   915
Sec. 406. Efficiency in contracting...............................   915
Sec. 407. Advisory Panel on Overseas Security.....................   916
Sec. 408. Training to improve perimeter security at United States 
    diplomatic missions aboard....................................   916
Sec. 409. Protection of public entrances of United States 
    diplomatic missions abroad....................................   916
Sec. 410. Certain protective functions............................   916
Sec. 411. Reimbursement of the Department of the Treasury.........   916
Sec. 412. Inspector General for the United States Information 
    Agency........................................................   917
Sec. 413. Inspector General for the Department of State...........   917
Sec. 414. Prohibition on the use of funds for facilities in 
    Israel, Jerusalem, or the West Bank...........................   918
Sec. 415. Use of cleared personnel to ensure secure maintenance 
    and repair of diplomatic facilities abroad....................   918

 TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM

Sec. 501. Rewards for international terrorists....................   918
Sec. 502. Rewards for information relating to international 
    narcoterrorism and drug trafficking [amends other legislation]
Sec. 503. Coordination of terrorism-related assistance [amends 
    other legislation]
Sec. 504. Counterterrorism Protection Fund [amends other 
    legislation]
Sec. 505. Terrorism-related travel advisories.....................   919
Sec. 506. Authority to control certain terrorism-related services 
    [amends other legislation]
Sec. 507. Management of antiterrorism assistance programs [amends 
    other legislation]
Sec. 508. Nonlethal airport security equipment and commodities for 
    Egypt.........................................................   919
Sec. 509. Exports to countries supporting acts of international 
    terrorism [amends other legislation]

                TITLE VI--INTERNATIONAL NUCLEAR TERRORISM

Sec. 601. Actions to combat international nuclear terrorism.......   919
Sec. 602. Authority to suspend nuclear cooperation with nations 
    which have not ratified the Convention on the Physical 
    Protection of Nuclear Material [amends other legislation]
Sec. 603. Consultation with the Department of Defense concerning 
    certain nuclear exports and subsequent arrangements [amends 
    other legislation]
Sec. 604. Review of physical security standards...................   920
Sec. 605. International review of nuclear terrorism problem.......   920
Sec. 606. Criminal history record checks [amends other 
    legislation]

  TITLE VII--MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM

Sec. 701. International Antiterrorism Committee...................   920
Sec. 702. International arrangement relating to passports and 
    visas.........................................................   921
Sec. 703. Protection of Americans endangered by the appearance of 
    their place of birth on their passports.......................   921
Sec. 704. Use of diplomatic privileges and immunities for 
    terrorism purposes............................................   921
Sec. 705. Reports on progress in increasing multilateral 
    cooperation...................................................   922

              TITLE VIII--VICTIMS OF TERRORISM COMPENSATION

Sec. 801. Short title.............................................   922
Sec. 802. Payment to individuals held in captive status between 
    November 4, 1979, and January 21, 1981........................   922
Sec. 803. Benefits for captives and other victims of hostile 
    action........................................................   922
Sec. 804. Retention of leave by alien employees following injury 
    from hostile action abroad....................................   927
Sec. 805. Transition provisions...................................   927
Sec. 806. Benefits for members of uniformed services who are 
    victims of hostile action.....................................   927
Sec. 807. Regulations.............................................   933
Sec. 808. Effective date of entitlements..........................   933

                       TITLE IX--MARITIME SECURITY

Sec. 901. Short title.............................................   933
Sec. 902. International measures for seaport and shipboard 
    security......................................................   934
Sec. 903. Measures to prevent unlawful acts against passengers and 
    crews on board ships..........................................   934
Sec. 904. Panama Canal security...................................   934
Sec. 905. Threat of terrorism to United States ports and vessels..   935
Sec. 906. Port, harbor, and coastal facility security.............   935
Sec. 907. Security standards at foreign ports.....................   935
Sec. 908. Travel advisories concerning security at foreign ports..   936
Sec. 909. Suspension of passengers services.......................   936
Sec. 910. Sanctions for the seizure of vessels by terrorists......   937
Sec. 911. Definitions.............................................   937
Sec. 912. Authorization of appropriations.........................   937
Sec. 913. Reports.................................................   937

           TITLE X--FASCELL FELLOWSHIP PROGRAM [See page 1412]

     * * * * * * *

               TITLE XI--SECURITY AT MILITARY BASES ABROAD

Sec. 1101. Findings...............................................   938
Sec. 1102. Recommended actions by the Secretary of Defense........   938
Sec. 1103. Report to the Congress.................................   938

        TITLE XII--CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM

Sec. 1201. Encouragement for negotiation of a convention..........   939
Sec. 1202. Extraterritorial criminal jurisdiction over terrorist 
    conduct.......................................................   939

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Peace Corps authorization of appropriations [amends 
    other legislation]
Sec. 1302. Demonstrations at embassies in the District of Columbia   939
Sec. 1303. Kurt Waldheim's retirement allowance...................   940
Sec. 1304. Eradication of Amblyomma Variegatum [amends other 
    legislation]
Sec. 1305. Strengthen foreign language skills.....................   940
Sec. 1306. Forfeiture of proceeds derived from espionage 
    activities....................................................   940
Sec. 1307. Expression of support of activities of the United 
    States Telecommunications Training Institute..................   941
Sec. 1308. Policy toward Afghanistan..............................   942

                      TITLE I--DIPLOMATIC SECURITY

SEC. 101. SHORT TITLE.

    Titles I through IV of this Act may be cited as the 
``Diplomatic Security Act''.

SEC. 102.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds and declares that--
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    \2\ 22 U.S.C. 4801.
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          (1) the United States has a crucial stake in the 
        presence of United States Government personnel 
        representing United States interests abroad;
          (2) conditions confronting United States Government 
        personnel and missions abroad are fraught with security 
        concerns which will continue for the foreseeable 
        future; and
          (3) the resources now available to counter acts of 
        terrorism and protect and secure United States 
        Government personnel and missions abroad, as well as 
        foreign officials and missions in the United States, 
        are inadequate to meet the mounting threat to such 
        personnel and facilities.
    (b) \3\ Purposes.--The purposes of titles I through IV 
are--
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    \3\ Sec. 162(g)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 406), struck 
out para. (2) and redesignated paras. (3) through (6) as paras. (2) 
through (5), respectively. Para. (2) had provided:
    ``(2) to provide for an Assistant Secretary of State to head the 
Bureau of Diplomatic Security of the Department of State, and to set 
forth certain provisions relating to the Diplomatic Security Service of 
the Department of State;''.
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          (1) to set forth the responsibility of the Secretary 
        of State with respect to the security of diplomatic 
        operations in the United States and abroad;
          (2) to maximize coordination by the Department of 
        State with Federal, State, and local agencies and 
        agencies of foreign governments in order to enhance 
        security programs;
          (3) to promote strengthened security measures and to 
        provide for the accountability of United States 
        Government personnel with security-related 
        responsibilities; \4\
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    \4\ Sec. 115(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 2), struck out 
``and'' at the end of par. (4); redesignated par. (5) as (6); and added 
a new par. (5). Paras. (5) and (6) were subsequently redesignated as 
paras. (4) and (5); see above note.
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          (4) \4\ to set forth the responsibility of the 
        Secretary of State with respect to the safe and 
        efficient evacuation of United States Government 
        personnel, their dependents, and private United states 
        citizens when their lives are endangered by war, civil 
        unrest, or natural disaster; and
          (5) \4\ to provide authorization of appropriations 
        for the Department of State to carry out its 
        responsibilities in the area of security and 
        counterterrorism, and in particular to finance the 
        acquisition and improvements of United States 
        Government missions abroad, including real property, 
        buildings, facilities, and communications, information, 
        and security systems.

SEC. 103.\5\ RESPONSIBILITY OF THE SECRETARY OF STATE

    (a) Security Functions.--(1) \6\ The Secretary of State 
shall develop and implement (in consultation with the heads of 
other Federal agencies having personnel or missions abroad 
where appropriate and within the scope of the resources made 
available) policies and programs, including funding levels and 
standards, to provide for the security of United States 
Government operations of a diplomatic nature and foreign 
government operations of a diplomatic nature in the United 
States. Such policies and programs shall include--
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    \5\ 22 U.S.C. 4802.
    \6\ Sec. 162(g)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 406), 
inserted para. designated ``(1)''; redesignated former paras. (1) 
through (4) as subparas. (A) through (D); and added new para. (2).
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          (A) protection of all United States Government 
        personnel on official duty abroad (other than those 
        personnel under the command of a United States area 
        military commander) and their accompanying dependents;
          (B) establishment and operation of security functions 
        at all United States Government missions abroad (other 
        than facilities or installations subject to the control 
        of a United States area military commander);
          (C) establishment and operation of security functions 
        at all Department of State facilities in the United 
        States; and
          (D) protection of foreign missions, international 
        organizations, and foreign officials and other foreign 
        persons in the United States, as authorized by law.
    (2) \6\, \7\ Security responsibilities shall 
include the following:
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    \7\ The Secretary of State delegated functions authorized under 
this subsection to the Assistant Secretary for Diplomatic Security 
(Department of State Public Notice 2086; sec. 8 of Delegation of 
Authority No. 214; 59 F.R. 50790).
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          (A) Former office of security functions.--Functions 
        and responsibilities exercised by the Office of 
        Security, Department of State, before November 11, 
        1985.
          (B) Security and protective operations.--
                  (i) Establishment and operation \8\ of post 
                security and protective functions abroad.
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    \8\ Sec. 1(f)(4)(A)(i) of Public Law 103-415 (108 Stat. 4300) 
struck out ``operations'' and inserted in lieu thereof ``operation''.
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                  (ii) Development and implementation of 
                communications, computer, and information 
                security.
                  (iii) Emergency planning.
                  (iv) Establishment and operation of local 
                guard services abroad.
                  (v) Supervision of the United States Marine 
                Corps security guard program.
                  (vi) Liaison with American overseas private 
                sector security interests.
                  (vii) Protection of foreign missions and 
                international organizations, foreign officials, 
                and diplomatic personnel in the United States, 
                as authorized by law.
                  (viii) Protection of the Secretary of State 
                and other persons designated by the Secretary 
                of State, as authorized by law.
                  (ix) Physical protection of Department of 
                State facilities, communications, and computer 
                and information systems in the United States.
                  (x) Conduct of investigations relating to 
                protection of foreign officials and diplomatic 
                personnel and foreign missions in the United 
                States, suitability for employment, employee 
                security, illegal passport and visa issuance or 
                use, and other investigations, as authorized by 
                law.
                  (xi) Carrying out the rewards program for 
                information concerning international terrorism 
                authorized by section 36(a) of the State 
                Department Basic Authorities Act of 1956.
                  (xii) Performance of other security, 
                investigative, and protective matters as 
                authorized by law.
          (C) Counterterrorism planning and coordination.--
        Development and coordination of counterterrorism 
        planning, emergency action planning, threat analysis 
        programs, and liaison with other Federal agencies to 
        carry out this paragraph.
          (D) Security technology.--Development and 
        implementation of technical and physical security 
        programs, including security-related construction, 
        radio and personnel security communications, armored 
        vehicles, computer and communications security, and 
        research programs necessary to develop such measures.
          (E) Diplomatic courier service.--Management of the 
        diplomatic courier service.
          (F) Personnel training.--Development of facilities, 
        methods, and materials to develop and upgrade necessary 
        skills in order to carry out this section.
          (G) Foreign government training.--Management and 
        development of antiterrorism assistance programs to 
        assist foreign government security training which are 
        administered by the Department of State under chapter 8 
        of part II of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2349aa et seq.).
    (b) \9\ Overseas Evacuations.--The Secretary of State shall 
develop and implement policies and programs to provide for the 
safe and efficient evacuation of United States Government 
personnel, dependents, and private United States citizens when 
their lives are endangered. Such policies shall include 
measures to identify high risk areas where evacuation may be 
necessary and, where appropriate, providing staff to United 
States Government missions abroad to assist in those 
evacuations. In carrying out these responsibilities, the 
Secretary shall--
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    \9\ Sec. 115(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 22), redesignated 
subsecs. (b) and (c) as (c) and (d), respectively, and added a new 
subsec. (b).
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          (1) develop a model contingency plan for evacuation 
        of personnel, dependents, and United States citizens 
        from foreign countries;
          (2) develop a mechanism whereby United States 
        citizens can voluntarily request to be placed on a list 
        in order to be contacted in the event of an evacuation, 
        or which, in the event of an evacuation, can maintain 
        information on the location of United States citizens 
        in high risk areas submitted by their relatives;
          (3) assess the transportation and communications 
        resources in the area being evacuated and determine the 
        logistic support needed for the evacuation; and
          (4) develop a plan for coordinating communications 
        between embassy staff, Department of State personnel, 
        and families of United States citizens abroad regarding 
        the whereabouts of those citizens.
    (c) \9\ Oversight of Posts Abroad.--The Secretary of State 
shall--
          (1) have full responsibility for the coordination of 
        all United States Government personnel assigned to 
        diplomatic or consular posts or other United States 
        missions abroad pursuant to United States Government 
        authorization (except for facilities, installations, or 
        personnel under the command of a United States area 
        military commander);
          (2) establish appropriate overseas staffing levels 
        for all such posts or missions for all Federal agencies 
        with activities abroad (except for personnel and 
        activities under the command of a United States area 
        military commander or regional inspector general 
        offices under the jurisdiction of the Inspector 
        General, Agency for International Development).\10\
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    \10\ Sec. 201 of The Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), added text after ``commander'', and struck out paragraph 
(3), added by the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1988, at this point. Paragraph (3) 
formerly read as follows:
    ``(3) establish, notwithstanding any other provision of law, 
appropriate overseas staffing levels of the Regional Offices of the 
Inspector General of the Agency for International Development in 
effective consultation with the Inspector General of the Agency: 
Provided, That the authority of the Secretary of State shall be 
exercised only by the Secretary and shall not be delegated to a 
subordinate officer of the Department of State: Provided further, That 
the Inspector General must report to the appropriate committees of both 
Houses of the Congress within thirty days the denial by the Secretary 
of State of a request by the Inspector General to increase or reduce an 
existing position level of a regional office: Provided further, That 
the total number of positions authorized for the Office of the 
Inspector General in Washington and overseas shall be determined by the 
Inspector General within the limitation of the appropriations level 
provided.''.
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    (d) \7\ Federal Agency.--As used in this title and title 
III, the term ``Federal agency'' includes any department or 
agency of the United States Government.

SEC. 104.\11\ * * * [Repealed--1994]
---------------------------------------------------------------------------

    \11\ Formerly at 22 U.S.C. 4803. Sec. 162(g)(3) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 407), repealed sec. 104, which established the 
Bureau of Diplomatic Security, overseen by the Assistant Secretary for 
Diplomatic Security.
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SEC. 105.\12\ * * * [Repealed--1994]
---------------------------------------------------------------------------

    \12\ Formerly at 22 U.S.C. 4804. Sec. 162(g)(4) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 407), repealed sec. 105, which stated the 
responsibilities of the Assistant Secretary for Diplomatic Security.
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SEC. 106.\13\ COOPERATION OF OTHER FEDERAL AGENCIES.

    (a) Assistance.--In order to facilitate fulfillment of the 
responsibilities described in section 103(a), other Federal 
agencies shall cooperate (through agreements) to the maximum 
extent possible with the Secretary of State. Such agencies may, 
with or without reimbursement, provide assistance to the 
Secretary, perform security inspections, provide logistical 
support relating to the differing missions and facilities of 
other Federal agencies, and perform other overseas security 
functions as may be authorized by the Secretary. Specifically, 
the Secretary may agree to delegate operational control of 
overseas security functions of other Federal agencies to the 
heads of such agencies, subject to the Secretary's authority as 
set forth in section 103(a). The agency head receiving such 
delegated authority shall be responsible to the Secretary in 
the exercise of the delegated operational control.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 4805.
---------------------------------------------------------------------------
    (b) Other Agencies.--Nothing contained in titles I through 
IV shall be construed to limit or impair the authority or 
responsibility of any other Federal, State, or local agency 
with respect to law enforcement, domestic security operations, 
or intelligence activities as defined in Executive Order 12333.
    (c) Certain Lease Arrangements.--The Administrator of 
General Services is authorized to lease (to such extent or in 
cash amounts as are provided in appropriation Acts) such amount 
of space in the United States as may be necessary for the 
Department of State to accommodate the personnel required to 
carry out this title. The Department of State shall pay for 
such space at the rate established by the Administrator of 
General Services for space and related services.

SEC. 107.\14\ PROTECTION OF FOREIGN CONSULATES.

    The Secretary of State shall take into account security 
considerations \15\ in making determinations with respect to 
accreditation of all foreign consular personnel in the United 
States.
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    \14\ 22 U.S.C. 4806. The Secretary of State delegated functions 
authorized under this section to the Chief of Protocol (Department of 
State Public Notice 2086; sec. 15 of Delegation of Authority No. 214; 
59 F.R. 50790).
    \15\ Sec. 162(g)(5) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``The Chief of Protocol of the Department of State shall consult 
with the Assistant Secretary of Diplomatic Security'' and inserted in 
lieu thereof ``The Secretary of State shall take into account security 
considerations''.
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                        TITLE II--PERSONNEL \16\

SEC. 201.\17\ DIPLOMATIC SECURITY SERVICE.

    The Secretary of State may establish a Diplomatic Security 
Service, which shall perform such functions as the Secretary 
may determine.
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    \16\ Sec. 162(g)(6) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``DIPLOMATIC SECURITY SERVICE'' and inserted in lieu thereof 
``PERSONNEL''.
    \17\ 22 U.S.C. 4821. Sec. 162(g)(7) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 407), amended and restated sec. 201.
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SEC. 202.\18\ DIRECTOR OF DIPLOMATIC SECURITY SERVICE.

    Any such \19\ Diplomatic Security Service should \19\ be 
headed by a Director designated by the Secretary of State. The 
Director should be a career member of the Senior Foreign 
Service or the Senior Executive Service and shall be qualified 
for the position by virtue of demonstrated ability in the areas 
of security, law enforcement, management, and public 
administration. Experience in management or operations abroad 
should \19\ be considered an affirmative factor in the 
selection of the Director.
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    \18\ 22 U.S.C. 4822.
    \19\ Sec. 162(g)(8)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``The'' and inserted ``Any such'' in the first sentence of sec. 
202. Sec. 162(g)(8)(B) of that Act replaced ``shall'' in the first, 
third, and fourth sentences of this section with ``should''. Sec. 
162(g)(8)(C) of that Act subsequently struck out the last [fourth] 
sentence of the section, which had provided that: ``The Director should 
act under the supervision and direction of the Assistant Secretary for 
Diplomatic Security.''.
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SEC. 203.\20\ SPECIAL AGENTS.

    Special agent positions \21\ shall be filled in accordance 
with the provisions of the Foreign Service Act of 1980 (22 
U.S.C. 3901 et seq.) and title 5, United States Code. In 
filling such positions, the Secretary of State shall actively 
recruit women and members of minority groups. The Secretary of 
State shall prescribe the qualifications required for 
assignment or appointment to such positions. The \22\ 
qualifications may include minimum and maximum entry age 
restrictions and other physical standards and shall incorporate 
such standards as may be required by law in order to perform 
security functions, to bear arms, and to exercise 
investigatory, warrant, arrest, and such other authorities, as 
are available by law to special agents of the Department of 
State and the Foreign Service.
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    \20\ 22 U.S.C. 4823. Section catchline was amended by sec. 
162(g)(9)(A) of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 108 Stat. 407); formerly read 
``POSITIONS IN THE DIPLOMATIC SECURITY SERVICE.''.
    \21\ Sec. 162(g)(9)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``Positions in the Diplomatic Security Service'' and inserted in 
lieu thereof ``Special agent positions''.
    \22\ Sec. 162(g)(9)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``In the case of positions designated for special agents, the'' in 
the last sentence, and inserted in lieu thereof ``The''.
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SEC. 206.\23\ CONTRACTING AUTHORITY.

    The Secretary of State is authorized to employ individuals 
or organizations by contract to carry out the purposes of this 
Act, and individuals employed by contract to perform such 
services shall not by virtue of such employment be considered 
to be employees of the United States Government for purposes of 
any law administered by the Office of Personnel Management 
(except that the Secretary may determine the applicability to 
such individuals of any law administered by the Secretary 
concerning the employment of such individuals); and such 
contracts are authorized to be negotiated, the terms of the 
contracts to be prescribed, and the work to be performed, where 
necessary, without regard to such statutory provisions as 
relate to the negotiation, making and performance of contracts 
and performance of work in the United States.
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    \23\ 22 U.S.C. 4824. Added by sec. 104 of division C of Public Law 
105-277 (112 Stat. 2681-586).
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               TITLE III--PERFORMANCE AND ACCOUNTABILITY

SEC. 301.\24\ ACCOUNTABILITY REVIEW BOARDS.

    (a) In General.--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 4831. Sec. 608 of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), amended and restated sec. 301. It formerly read, 
as amended, as follows:
    ``sec. 301. accountability review.
    ``In any case of serious injury, loss of life, or significant 
destruction of property at or related to a United States Government 
mission abroad, and in any case of a serious breach of security 
involving intelligence activities of a foreign government directed at a 
United States Government mission abroad, which is covered by the 
provisions of titles I through IV (other than a facility or 
installation subject to the control of a United States area military 
commander), the Secretary of State shall convene an Accountability 
Review Board (hereafter in this title referred to as the ``Board''). 
With respect to breaches of security involving intelligence activities, 
the Secretary of State may delay establishing an Accountability Review 
Board if, after consultation with the Chairman of the Select Committee 
on Intelligence of the Senate and the Chairman of the Permanent Select 
Committee on Intelligence of the House of Representatives, the 
Secretary determines that doing so would compromise intelligence 
sources and methods. The Secretary shall promptly advise the Chairmen 
of such committees of each determination pursuant to this section to 
delay the establishment of an Accountability Review Board. The 
Secretary shall not convene a Board where the Secretary determines that 
a case clearly involves only causes unrelated to security.''.
    Sec. 140(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399), provides the 
following:
    ``(c) Processing of Visas for Admission to the United States.--
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          ``(1)(A) Beginning 24 months after the date of the enactment 
        of this Act, whenever a United States consular officer issues a 
        visa for admission to the United States, that official shall 
        certify, in writing, that a check of the Automated Visa Lookout 
        System, or any other system or list which maintains information 
        about the excludability of aliens under the Immigration and 
        Nationality Act, has been made and that there is no basis under 
        such system for the exclusion of such alien.
          ``(B) If, at the time an alien applies for an immigrant or 
        nonimmigrant visa, the alien's name is included in the 
        Department of State's visa lookout system and the consular 
        officer to whom the application is made fails to follow the 
        procedures in processing the application required by the 
        inclusion of the alien's name in such system, the consular 
        officer's failure shall be made a matter of record and shall be 
        considered as a serious negative factor in the officer's annual 
        performance evaluation.
          ``(2) If an alien to whom a visa was issued as a result of a 
        failure described in paragraph (1)(B) is admitted to the United 
        States and there is thereafter probable cause to believe that 
        the alien was a participant in a terrorist act causing serious 
        loss of life or property in the United States, the Secretary of 
        State shall convene an Accountability Review Board under the 
        authority of title III of the Omnibus Diplomatic Security and 
        Antiterrorism Act of 1986.''.
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    In Department of State Public Notice 2905 (63 F.R. 58807; October 
13, 1998), the Secretary of State:
    ``* * * determined that the August 7, 1998 bomb attacks on the 
U.S.embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, each 
involved serious injury, loss of life, or signicant destruction of 
property at or related to a U.S. mission abroad. Therefore, I am 
convening two Accountability Review Boards, as required by that 
statute, to examine the facts and circumstances of each attack and 
report to me such findings and recommendations as they deem 
appropriate, * * *''.
    In Department of State Public Notice 2349 (61 F.R. 8322; February 
22, 1996), the Deputy Secretary of State:
    ``* * * determined that the November 13, 1995, car-bomb attack on 
the headquarters of the Office of Program Manager, Saudi Arabian 
National Guard in Riyadh, Saudi Arabia, involved loss of life related 
to a U.S. mission abroad. Therefore, I am convening an Accountability 
Review Board, as required by that statute, to examine the facts and 
circumstances of the attack and report to me such findings and 
recommendations as it deems appropriate, * * *''.
    In Department of State Public Notice 2191 (60 F.R. 21020; April 28, 
1995), the Deputy Secretary of State:
    ``* * * determined that the March 8, 1995, terrorist attack on the 
Consulate shuttle bus in Karachi, Pakistan, involved loss of life 
related to a U.S. mission abroad. Therefore I am convening an 
Accountability Review Board, as required by that statute, to examine 
the facts and circumstances of the attack and report to me such 
findings and recommendations as it deems appropriate, * * *.''.
    Previously, an accountability review board was convened to 
investigate an explosion at the U.S. ambassador's residence in Lima, 
Peru (State Department Public Notice 1587; April 15, 1992; 57 F.R. 
14744).
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          (1) Convening a board.--Except as provided in 
        paragraph (2), in any case of serious injury, loss of 
        life, or significant destruction of property at, or 
        related to, a United States Government mission abroad, 
        and in any case of a serious breach of security 
        involving intelligence activities of a foreign 
        government directed at a United States Government 
        mission abroad, which is covered by the provisions of 
        titles I through IV (other than a facility or 
        installation subject to the control of a United States 
        area military commander), the Secretary of State shall 
        convene an Accountability Review Board (in this title 
        referred to as the ``Board''). The Secretary shall not 
        convene a Board where the Secretary determines that a 
        case clearly involves only causes unrelated to 
        security.
          (2) Department of defense facilities and personnel.--
        The Secretary of State is not required to convene a 
        Board in the case of an incident described in paragraph 
        (1) that involves any facility, installation, or 
        personnel of the Department of Defense with respect to 
        which the Secretary has delegated operational control 
        of overseas security functions to the Secretary of 
        Defense pursuant to section 106 of this Act. In any 
        such case, the Secretary of Defense shall conduct an 
        appropriate inquiry. The Secretary of Defense shall 
        report the findings and recommendations of such 
        inquiry, and the action taken with respect to such 
        recommendations, to the Secretary of State and 
        Congress.
    (b) Deadlines for Convening Boards.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary of State shall convene a Board not later 
        than 60 days after the occurrence of an incident 
        described in subsection (a)(1), except that such 60-day 
        period may be extended for one additional 60-day period 
        if the Secretary determines that the additional period 
        is necessary for the convening of the Board.
          (2) Delay in cases involving intelligence 
        activities.--With respect to breaches of security 
        involving intelligence activities, the Secretary of 
        State may delay the establishment of a Board if, after 
        consultation with the chairman of the Select Committee 
        on Intelligence of the Senate and the chairman of the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives, the Secretary determines that the 
        establishment of a Board would compromise intelligence 
        sources or methods. The Secretary shall promptly advise 
        the chairmen of such committees of each determination 
        pursuant to this paragraph to delay the establishment 
        of a Board.
    (c) Notification to Congress.--Whenever the Secretary of 
State convenes a Board, the Secretary shall promptly inform the 
chairman of the Committee on Foreign Relations of the Senate 
and the Speaker of the House of Representatives--
          (1) that a Board has been convened;
          (2) of the membership of the Board; and
          (3) of other appropriate information about the Board.

SEC. 302.\25\ ACCOUNTABILITY REVIEW BOARD.

    (a) Membership.--A Board shall consist of five members, 4 
appointed by the Secretary of State, and 1 appointed by the 
Director of Central Intelligence. The Secretary of State shall 
designate the Chairperson of the Board. Members of the Board 
who are not Federal officers or employees shall each be paid at 
a rate not to exceed the maximum rate of basic pay payable for 
level GS-18 of the General Schedule for each day (including 
travel time) during which they are engaged in the actual 
performance of duties vested in the Board. Members of the Board 
who are Federal officers or employees shall receive no 
additional pay by reason of such membership.
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    \25\ 22 U.S.C. 4832.
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    (b) Facilities, Services, Supplies, and Staff.--
          (1) Supplied by department of state.--A Board shall 
        obtain facilities, services, and supplies through the 
        Department of State. All expenses of the Board, 
        including necessary costs of travel, shall be paid by 
        the Department of State. Travel expenses authorized 
        under this paragraph shall be paid in accordance with 
        subchapter I of chapter 57 of title 5, United States 
        Code or other applicable law.
          (2) Detail.--At the request of a Board, employees of 
        the Department of State or other Federal agencies, 
        members of the Foreign Service, or members of the 
        uniformed services may be temporarily assigned, with or 
        without reimbursement, to assist the Board.
          (3) Experts and consultants.--A Board may employ and 
        compensate (in accordance with section 3109 of title 5, 
        United States Code) such experts and consultants as the 
        Board considers necessary to carry out its functions. 
        Experts and consultants so employed shall be 
        responsible solely to the Board.

SEC. 303.\26\ PROCEDURES.

    (a) Evidence.--
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 4833.
---------------------------------------------------------------------------
          (1) United states government personnel and 
        contractors.--
                  (A) With respect to any individual described 
                in subparagraph (B), a Board may--
                          (i) administer oaths and 
                        affirmations;
                          (ii) require that depositions be 
                        given and interrogatories answered; and
                          (iii) require the attendance and 
                        presentation of testimony and evidence 
                        by such individual.
                Failure of any such individual to comply with a 
                request of the Board shall be grounds for 
                disciplinary action by the head of the Federal 
                agency in which such individual is employed or 
                serves, or in the case of a contractor, 
                debarment.
                  (B) The individuals referred to in 
                subparagraph (A) are--
                          (i) employees as defined by section 
                        2105 of title 5, United States Code 
                        (including members of the Foreign 
                        Service);
                          (ii) members of the uniformed 
                        services as defined by section 101(3) 
                        of title 37, United States Code;
                          (iii) employees of instrumentalities 
                        of the United States; and
                          (iv) individuals employed by any 
                        person or entity under contract with 
                        agencies or instrumentalities of the 
                        United States Government to provide 
                        services, equipment, or personnel.
          (2) Other persons.--With respect to a person who is 
        not described in paragraph (1)(B), a Board may 
        administer oaths and affirmations and require that 
        depositions be given and interrogatories answered.
          (3) Subpoenas.--(A) The Board may issue a subpoena 
        for the attendance and testimony of any person (other 
        than a person described in clause (i), (ii), or (iii) 
        of paragraph (1)(B)) and the production of documentary 
        or other evidence from any such person if the Board 
        finds that such a subpoena is necessary in the 
        interests of justice for the development of relevant 
        evidence.
          (B) In the case of contumacy of refusal to obey a 
        subpoena issued under this paragraph, a court of the 
        United States within the jurisdiction of which a person 
        is directed to appear or produce information, or within 
        the jurisdiction of which the person is found, resides, 
        or transacts business, may upon application of the 
        Attorney General, issue to such person an order 
        requiring such person to appear before the Board to 
        give testimony or produce information as required by 
        the subpoena.
          (C) Subpoenaed witnesses shall be paid the same fee 
        and mileage allowances which are paid subpoenaed 
        witnesses in the courts of the United States.
    (b) Confidentiality.--A Board shall adopt for 
administrative proceedings under this title such procedures 
with respect to confidentiality as may be deemed necessary, 
including procedures relating to the conduct of closed 
proceedings or the submission and use of evidence in camera, to 
ensure in particular the protection of classified information 
relating to national defense, foreign policy, or intelligence 
matters. The Director of Central Intelligence shall establish 
the level of protection required for intelligence information 
and for information relating to intelligence personnel, 
including standards for secure storage.
    (c) Records.--Records pertaining to administrative 
proceedings under this title shall be separated from all other 
records of the Department of State and shall be maintained 
under appropriate safeguards to preserve confidentiality and 
classification of information. Such records shall be prohibited 
from disclosure to the public until such time as a Board 
completes its work and is dismissed. The Department of State 
shall turn over to the Director of Central Intelligence 
intelligence information and information relating to 
intelligence personnel which shall then become records of the 
Central Intelligence Agency. After that time, only such 
exemptions from disclosure under section 552(b) of title 5, 
United States Code (relating to freedom of information), as 
apply to other records of the Department of State, and to any 
information transmitted under section 304(c) to the head of a 
Federal agency or instrumentality, shall be available for the 
remaining records of the Board.
    (d) Status of Boards.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) and section 
552b of title 5 of the United States Code (relating to open 
meetings) shall not apply to any Board.

SEC. 304.\27\ FINDINGS AND RECOMMENDATIONS BY A BOARD.

    (a) Findings.--A Board convened in any case shall examine 
the facts and circumstances surrounding the serious injury, 
loss of life, or significant destruction of property at or 
related to a United States Government mission abroad or 
surrounding the serious breach of security involving 
intelligence activities of a foreign government directed at a 
United States Government mission abroad (as the case may be) 
and shall make written findings determining--
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    \27\ 22 U.S.C. 4834. The words ``or surrounding the serious breach 
of security involving intelligence activities of a foreign government 
directed at a United States Government mission abroad (as the case may 
be)'' in subsec. (a) were added by sec. 156(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1354).
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          (1) the extent to which the incident or incidents 
        with respect to which the Board was convened was 
        security related;
          (2) whether the security systems and security 
        procedures at that mission were adequate;
          (3) whether the security systems and security 
        procedures were properly implemented;
          (4) the impact of intelligence and information 
        availability; and
          (5) such other facts and circumstances which may be 
        relevant to the appropriate security management of 
        United States missions abroad.
    (b) Program Recommendations.--A Board shall submit its 
findings (which may be classified to the extent deemed 
necessary by the Board) to the Secretary of State, together 
with recommendations as appropriate to improve the security and 
efficiency of any program or operation which the Board has 
reviewed.
    (c) Personnel Recommendations.--Whenever a Board finds 
reasonable cause to believe that an individual described in 
section 303(a)(1)(B) has breached the duty of that individual, 
the Board shall--
          (1) notify the individual concerned,
          (2) transmit the finding of reasonable cause, 
        together with all information relevant to such finding, 
        to the head of the appropriate Federal agency or 
        instrumentality, and
          (3) recommend that such agency or instrumentality 
        initiate an appropriate investigatory or disciplinary 
        action.
In determining whether an individual has breached a duty of 
that individual, the Board shall take into account any standard 
of conduct, law, rule, regulation, contract, or order which is 
pertinent to the performance of the duties of that individual.
    (d) Reports.--
          (1) Program recommendations.--In any case in which a 
        Board transmits recommendations to the Secretary of 
        State under subsection (b), the Secretary shall, not 
        later than 90 days after the receipt of such 
        recommendations, submit a report to the Congress on 
        each such recommendation and the action taken with 
        respect to that recommendation.
          (2) Personnel recommendations.--In any case in which 
        a Board transmits a finding of reasonable cause under 
        subsection (c), the head of the Federal agency or 
        instrumentality receiving the information shall review 
        the evidence and recommendations and shall, not later 
        than 30 days after the receipt of that finding, 
        transmit to the Congress a report specifying--
                  (A) the nature of the case and a summary of 
                the evidence transmitted by the Board; and
                  (B) the decision by the Federal agency or 
                instrumentality, to take disciplinary or other 
                appropriate action against that individual or 
                the reasons for deciding not to take 
                disciplinary or other action with respect to 
                that individual.

SEC. 305.\28\ RELATION TO OTHER PROCEEDINGS.

    Nothing in this title shall be construed to create 
administrative or judicial review remedies or rights of action 
not otherwise available by law, nor shall any provision of this 
title be construed to deprive any person of any right or legal 
defense which would otherwise be available to that person under 
any law, rule, or regulation.
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    \28\ 22 U.S.C. 4835.
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                 TITLE IV--DIPLOMATIC SECURITY PROGRAM

SEC. 401.\29\ AUTHORIZATION.

    (a) Diplomatic Security Program.--
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    \29\ 22 U.S.C. 4851. Sec. 302 of the Department of State 
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2207; 22 U.S.C. 
4851 note), provided the following:
    ``The Secretary of State shall report to the appropriate committees 
of the Congress on the obligation of funds provided for diplomatic 
security and related expenses every month.''.
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          (1) In general.--In addition to amounts otherwise 
        available for such purposes, the following amounts are 
        authorized to be appropriated for fiscal years 1986 and 
        1987, for the Department of State to carry out 
        diplomatic security construction, acquisition, and 
        operations pursuant to the Department of State's 
        Supplemental Diplomatic Security Program, as justified 
        to the Congress for the respective fiscal year for 
        ``Administration of Foreign Affairs,'' as follows:
                  (A) For ``Salaries and Expenses,'' 
                $308,104,000.
                  (B) For ``Acquisition and Maintenance of 
                Buildings Abroad,'' $857,806,000.
                  (C) For ``Counterterrorism Research and 
                Development,'' $15,000,000.
          (2) Antiterrorism assistance.--* * *.
          (3) \30\ * * * [Repealed--1995]
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    \30\ Sec. 101(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 388), repealed para. 
(3), effective October 1, 1995. It had read, as amended, as follows:
    ``(3) Capital construction, fiscal years 1988 through 1990.--There 
is authorized to be appropriated for the Department of State for 
``Acquisition and Maintenance of Buildings Abroad'' for each of the 
fiscal years 1988 through 1990, $417,962,000 to carry out diplomatic 
security construction, acquisition, and operations pursuant to the 
Department of State's Supplemental Diplomatic Security Program. 
Authorizations of appropriations under this paragraph shall remain 
available until the appropriations are made.''.
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          (4) Allocation of amounts authorized to be 
        appropriated.--Amounts authorized to be appropriated by 
        this subsection, and by the amendment made by paragraph 
        (2), shall be allocated as provided in the table 
        entitled ``Diplomatic Security Program'' relating to 
        this section which appears in the Joint Explanatory 
        Statement of the Committee of Conference to accompany 
        H.R. 4151 of the 99th Congress (the Omnibus Diplomatic 
        Security and Antiterrorism Act of 1986).
    (b) Notification to authorizing Committees of Requests for 
Appropriations.--In any fiscal year, whenever the Secretary of 
State submits to the Congress a request for appropriations to 
carry out the program described in subsection (a), the 
Secretary shall notify the Committee on Foreign Affairs \31\ of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate of such request, together with a 
justification of each item listed in such request.
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    \31\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) \32\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \32\ Sec. 122(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 392), repealed 
subsec. (c). Subsec. (c) formerly read as follows:
    ``(c) Reprogramming Treatment.--Amounts made available for capital 
projects pursuant to subsection (a) shall be treated as a reprogramming 
of funds under section 34 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2706) and shall not be available for obligation or 
expenditure except in compliance with the procedures applicable to such 
reprogramming.''.
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    (d) Prohibition on Reallocations of Authorizations.--
Section 24(d) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2692(d)) shall not apply with respect to any 
amounts authorized to be appropriated under this section.
    (e) Security Requirements of Other Foreign Affairs 
Agencies.--Based solely on security requirements and within the 
total amount of funds available for security, the Secretary of 
State shall ensure that an equitable level of funding is 
provided for the security requirements of other foreign affairs 
agencies.
    (f) Insufficiency of Funds.--In the event that sufficient 
funds are not available in any fiscal year for all of the 
diplomatic security construction, acquisition, and operations 
pursuant to the Department of State's Supplemental Diplomatic 
Security Program, as justified to the Congress for such fiscal 
year, the Secretary of State shall report to the Congress the 
effect that the insufficiency of funds will have with respect 
to the Department of State and each of the other foreign 
affairs agencies.
    (g) Allocation of Funds for Certain Security Programs.--Of 
the amount of funds authorized to be appropriated by subsection 
(a)(1)(A), $34,537,000 shall be available to the Secretary of 
State only for the protection of classified office equipment, 
the expansion of information systems security, and the hiring 
of American systems managers and operators for computers at 
high threat locations.
    (h) \33\ Furniture, Furnishings, and Equipment.
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    \33\ Para. (2) of this subsec. amended sec. 9 of the Foreign 
Service Buildings Act of 1926. Sec. 122(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 392), repealed para. (3), which read as follows:
    ``(3) Reprogramming treatment.--Amounts made available for 
furniture, furnishings, and equipment pursuant to subsection (a) shall 
be treated as a reprogramming of funds under section 34 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not 
be available for obligation or expenditure except in compliance with 
the procedures applicable to such reprogramming.''.
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          (1) Use of existing furniture, furnishings, and 
        equipment.--If physically possible, facilities 
        constructed or acquired pursuant to subsection (a) 
        shall be furnished and equipped with the furniture, 
        furnishings, and equipment that were being used in the 
        facilities being replaced, rather than with newly 
        acquired furniture, furnishings, and equipment.

SEC. 402.\34\ DIPLOMATIC CONSTRUCTION PROGRAM.

    (a) \35\ Preference for United States Contractors.--
Notwithstanding section 11 of the Foreign Service Buildings 
Act, 1926, and where adequate competition exists, only United 
States persons and qualified United States joint venture 
persons may--
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    \34\ 22 U.S.C. 4852.
    \35\ Sec. 125 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 27) provided that 
``Section 402(a) of the Diplomatic Security Act (22 U.S.C. 4852(a)) 
shall not apply to the construction or renovation of the United States 
Embassy in Ottawa, Canada.''.
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          (1) bid on a diplomatic construction or design 
        project which has an estimated total project value 
        exceeding $10,000,000; \36\ and
---------------------------------------------------------------------------
    \36\ Sec. 131(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 662), struck out 
``$5,000,000'' and inserted in lieu thereof ``$10,000,000''.
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          (2) \37\ bid on a diplomatic construction or design 
        project which involves technical security, unless the 
        project involves low-level technology, as determined by 
        the Secretary of State.
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    \37\ Sec. 131(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 662), amended and 
restated par. (2). It had previously been rewritten by sec. 132 of 
Public Law 101-246 (104 Stat. 32). Subsequently, sec. 162(g)(10) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 108 Stat. 407), struck out ``Assistant Secretary for 
Diplomatic Security'' and inserted in lieu thereof ``Secretary of 
State'' at the close of the sentence.
    The Secretary of State delegated functions authorized under this 
subsection to the Assistant Secretary for Diplomatic Security 
(Department of State Public Notice 2086; sec. 8 of Delegation of 
Authority No. 214; 59 F.R. 50790).
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    (b) Exception.--Subsection (a) shall not apply with respect 
to any diplomatic construction or design project in a foreign 
country whose statutes prohibit the use of United States 
contractors on such projects. The exception contained in this 
subsection shall only become effective with respect to a 
foreign country 30 days after the Secretary of State certifies 
to the Committee on Foreign Affairs \38\ and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on 
Appropriations of the Senate what specific actions he has taken 
to urge such foreign country to permit the use of United States 
contractors on such projects, and what actions he shall take 
with respect to that country as authorized by title II of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 
et seq.; commonly referred to as the ``Foreign Missions Act'').
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    \38\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) Definitions.--For the purposes of this section--
          (1) the term ``adequate competition'' means with 
        respect to a construction or design project, the 
        presence of two or more qualified bidders submitting 
        responsive bids for that project;
          (2) the term ``United States person'' means a person 
        which--
                  (A) is incorporated or legally organized 
                under the laws of the United States, including 
                State, the District of Columbia, and local 
                laws;
                  (B) has its principal place of business in 
                the United States;
                  (C) has been incorporated or legally 
                organized in the United States--
                          (i) for more than 5 years before the 
                        issuance date of the invitation for 
                        bids or request for proposals with 
                        respect to a construction project under 
                        subsection (a)(1); and
                          (ii) for more than 2 years before the 
                        issuance date of the invitation for 
                        bids or request for proposals with 
                        respect to a construction or design 
                        project which involves physical or 
                        technical security under subsection 
                        (a)(2);
                  (D) has performed within the United States 
                administrative and technical, professional, or 
                construction services similar in complexity, 
                type of construction, and value to the project 
                being bid;
                  (E) with respect to a construction project 
                under subsection (a)(1), has achieved total 
                business volume equal to or greater than the 
                value of the project being bid in 3 years of 
                the 5-year period before the date specified in 
                subparagraph (C)(i);
                  (F)(i) employs United State citizens in at 
                least 80 percent of its principal management 
                positions in the United States,
                  (ii) employs United States citizens in more 
                than half of its permanent, full-time positions 
                in the United States, and
                  (iii) will employ United States citizens in 
                at least 80 percent of the supervisory 
                positions on the foreign buildings office 
                project site; and
                  (G) has the existing technical and financial 
                resources in the United States to perform the 
                contract; and
          (3) the term ``qualified United States joint venture 
        person'' means a joint venture in which a United States 
        person or persons owns at least 51 percent of the 
        assets of the joint venture.
    (d) American Minority Contractors.--Not less than 10 
percent of the amount appropriated pursuant to section 401(a) 
for diplomatic construction or design projects each fiscal year 
shall be allocated to the extent practicable for contracts with 
American minority contractors.
    (e) American Small Business Contractors.--Not less than 10 
percent of the amount appropriated pursuant to section 401(a) 
for diplomatic construction or design projects each fiscal year 
shall be allocated to the extent practicable for contracts with 
American small business contractors.
    (f) Limitation on Subcontracting.--With respect to a 
diplomatic construction project, a prime contractor may not 
subcontract more than 50 percent of the total value of its 
contract for that project.

SEC. 403.\39\ SECURITY REQUIREMENTS FOR CONTRACTORS.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall issue regulations to--
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 4853.
---------------------------------------------------------------------------
          (1) strengthen the security procedures applicable to 
        contractors and subcontractors involved in any way with 
        any diplomatic construction or design project; and
          (2) permit a contractor or subcontractor to have 
        access to any design or blueprint relating to such a 
        project only in accordance with those procedures.

SEC. 404.\40\ QUALIFICATIONS OF PERSONS HIRED FOR THE DIPLOMATIC 
                    CONSTRUCTION PROGRAM.

    In carrying out the diplomatic construction program 
referred to in section 401(a), the Secretary of State shall 
employ as professional staff (by appointment, contract, or 
otherwise) only those persons with a demonstrated specialized 
background in the fields of construction law, or contract 
management. In filling such positions, the Secretary shall 
actively recruit women and members of minority groups.
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 4854.
---------------------------------------------------------------------------

SEC. 405.\41\ COST OVERRUNS.

    Any amount required to complete any capital project 
described in the Department of State's Supplemental Diplomatic 
Security Program, as justified to the Congress for the 
respective fiscal year, which is in excess of the amount made 
available for that project pursuant to section 401(a) (1) or 
(3) shall be treated as a reprogramming of funds under section 
34 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2706) and shall not be available for obligation or 
expenditure except in compliance with the procedures applicable 
to such reprogrammings.
---------------------------------------------------------------------------
    \41\ 22 U.S.C. 4855.
---------------------------------------------------------------------------

SEC. 406.\42\ EFFICIENCY IN CONTRACTING.

    (a) Bonuses and Penalties.--The Director of the Office of 
Foreign Buildings shall provide for a contract system of 
bonuses and penalties for the diplomatic construction program 
funded pursuant to the authorizations of appropriations 
provided in this title. Not later than 3 months after the date 
of enactment of this Act, the Director shall submit a report to 
the Congress on the implementation of this section.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 4856.
---------------------------------------------------------------------------
    (b) Surety Bonds and Guarantees.--The Director of the 
Office of Foreign Buildings shall require each person awarded a 
contract for work under the diplomatic construction program to 
post a surety bond or guarantee, in such amount as the Director 
may determine, to assure performance under such contract.
    (c) Disqualification of Contractors.--No person doing 
business with Libya may be eligible for any contract awarded 
pursuant to this Act.

SEC. 407.\43\ ADVISORY PANEL ON OVERSEAS SECURITY.

    Not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to the 
Congress on the implementation of the 91 recommendations 
contained in the final report of the Advisory Panel on Overseas 
Security. If any such recommendation has been rejected, the 
Secretary shall provide the reasons why that recommendation was 
rejected.
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 4857.
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SEC. 408.\44\ TRAINING TO IMPROVE PERIMETER SECURITY AT UNITED STATES 
                    DIPLOMATIC MISSIONS ABROAD.

    (a) Training.--It is the sense of Congress that the 
President should use the authority under chapter 8 of title II 
of the Foreign Assistance Act of 1961 (relating to 
antiterrorism assistance) to improve perimeter security of 
United States diplomatic missions abroad.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 4858. Sec. 139(20) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 398), repealed subsec. (b) of this section, which had required 
that the President report annually ``on the progress and problems of 
improving perimeter security of United States diplomatic missions 
abroad.''.
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SEC. 409.\45\ PROTECTION OF PUBLIC ENTRANCES OF UNITED STATES 
                    DIPLOMATIC MISSIONS ABROAD.

    The Secretary of State shall install and maintain a walk-
through metal detector or other advanced screening system at 
public entrances of each United States diplomatic mission 
abroad.
---------------------------------------------------------------------------
    \45\ 22 U.S.C. 4859.
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SEC. 410. CERTAIN PROTECTIVE FUNCTIONS.

    Section 208(a) of title 3, United States Code, is amended 
by adding at the end thereof the following: ``In carrying out 
any duty under section 202(7), the Secretary of State is 
authorized to utilize any authority available to the Secretary 
under title II of the State Department Basic Authorities Act of 
1956.''.

SEC. 411.\46\ REIMBURSEMENT OF THE DEPARTMENT OF THE TREASURY.

    The Secretary of State shall reimburse the appropriate 
appropriations account of the Department of the Treasury out of 
funds appropriated pursuant to section 401(a)(1) for the actual 
costs incurred by the United States Secret Service, as agreed 
to by the Secretary of the Treasury, for providing protection 
for the spouses of foreign heads of state during fiscal years 
1986 and 1987.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 4860.
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SEC. 412. INSPECTOR GENERAL FOR THE UNITED STATES INFORMATION AGENCY.

    (a) * * *.
    (b) Earmark.--Of the funds authorized to be appropriated to 
the United States Information Agency for the fiscal year 1987, 
not less than $3,000,000 shall be available only for the 
operation of the office of the Inspector General established by 
the amendment made by subsection (a).
    (c) Position at Level IV of the Executive Schedule.--
Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following:

    ``Inspector General, United States Information Agency.''.

SEC. 413.\47\ INSPECTOR GENERAL FOR THE DEPARTMENT OF STATE.

    (a) Direction to establish.--The Congress directs the 
Secretary of State to proceed immediately to establish an 
Office of Inspector General of the Department of State not 
later than October 1, 1986. Not later than January 31, 1987, 
the Secretary of State shall submit a report to the Committee 
on Foreign Relations of the Senate and the Committee on Foreign 
Affairs \48\ of the House of Representatives on the progress of 
establishing that office. Such report shall include an 
accounting of the obligation of funds for fiscal year 1987 for 
that office.
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    \47\ 22 U.S.C. 4861. Sec. 134 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1331), redesignated former subsecs. (1) through (5) as (a) 
through (e).
    \48\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (b) Duties and responsibilities.--The Inspector General of 
the Department of State (as established by the amendment made 
by section 150(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987) is authorized to perform all duties 
and responsibilities, and to exercise the authorities, stated 
in section 209 of the Foreign Service Act of 1980 (22 U.S.C. 
3929) and in the Inspector General Act of 1978.
    (c) Earmark.--Of the amounts made available for fiscal year 
1987 for salaries and expenses under the heading 
``Administration of Foreign Affairs'', not less than $6,500,000 
shall be used for the sole purpose of establishing and 
maintaining the Office of Inspector General of the Department 
of State.
    (d) Limitation on appointment.--No career member of the 
Foreign Service, as defined by section 103 of the Foreign 
Service Act of 1980 (22 U.S.C. 3903), may be appointed 
Inspector General of the Department of State.
    (e) Position at level iv of the executive schedule.--
Section 5315 of title 5, United States Code (as amended by 
section 412), is amended by adding at the end thereof the 
following:

    ``Inspector General, Department of State.''.

          (6) \49\ * * * [Repealed--1986]
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    \49\ Paragraph (6) was repealed by sec. 405 of Public Law 99-529 
(100 Stat. 3010).
---------------------------------------------------------------------------
    (b)\50\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \50\ Former subsec. (b) was repealed by sec. 134 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1344). Subsec. (b) established an Office of Policy 
and Program Review.
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    (c) * * *

SEC. 414.\51\ PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN ISRAEL, 
                    JERUSALEM, OR THE WEST BANK.

    None of the funds authorized to be appropriated by this Act 
may be obligated or expended for site acquisition, development, 
or construction of any facility in Israel, Jerusalem, or the 
West Bank.
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    \51\ 22 U.S.C. 4862. Sec. 305 of the Department of State 
Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2208), provided 
the following:
    ``Sec. 305. Notwithstanding section 130 of the Foreign Relations 
Authorization Act, Fiscal Years 1988-89 and section 414 of the 
Diplomatic Security Act and any other provisions of law, such funds as 
are authorized, or that may be authorized, under the Diplomatic 
Security Act or any other statute, and appropriated to the Department 
of State under this or any other Act, may be hereafter obligated or 
expended for site acquisition, development, and construction of two new 
diplomatic facilities in Israel, Jerusalem, or the West Bank, provided 
that each facility (A) equally preserves the ability of the United 
States to locate its Ambassador or its Consul General at that site, 
consistent with United States policy; (B) shall not be denominated as 
the United States Embassy or Consulate until after the construction of 
both facilities has begun, and construction of one facility has been 
completed, or is near completion; and (C) unless security 
considerations require otherwise, commences operation 
simultaneously.''.
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SEC. 415.\52\ USE OF CLEARED PERSONNEL TO ENSURE SECURE MAINTENANCE AND 
                    REPAIR OF DIPLOMATIC FACILITIES ABROAD.

    (a) Policies and Regulations.--The Secretary of State shall 
develop and implement policies and regulations to provide for 
the use of persons who have been granted an appropriate United 
states security clearance to ensure that the security of areas 
intended for the storage of classified materials or the conduct 
of classified activities in a United States diplomatic mission 
or consular post abroad is not compromised in the performance 
of maintenance and repair services in those areas.
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    \52\ Sec. 133 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 32), added sec. 415.
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    (b) Study and Report.--The Secretary of State shall conduct 
a study of the feasibility and necessity of requiring that, in 
the case of certain United States diplomatic facilities abroad, 
no contractor shall be hired to perform maintenance or repair 
services in an area intended for the storage of classified 
materials or the conduct of classified activities unless such 
contractor has been granted an appropriate United States 
security clearance. Such study shall include, but is not 
limited to, United States facilities located in Cairo, New 
Delhi, Riyadh, and Tokyo. Not later than 180 days after the 
date of the enactment of this section, the Secretary of State 
shall report the results of such study to the Chairman of the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \53\ of the House of Representatives.
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    \53\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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TITLE V--STATE DEPARTMENT AUTHORITIES TO COMBAT INTERNATIONAL TERRORISM

SEC. 501.\54\ REWARDS FOR INTERNATIONAL TERRORISTS.

    It is the sense of the Congress that the Secretary of State 
should more vigorously utilize the moneys available under 
section 36(a) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2708(a); relating to rewards for information on 
international terrorism) to more effectively apprehend and 
prosecute international terrorists. It is further the sense of 
the Congress that the Secretary of State should consider widely 
publicizing the sizable rewards available under present law so 
that major international terrorist figures may be brought to 
justice.
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    \54\ 22 U.S.C. 2708 note. Sec. 12 of the International Narcotics 
Control Act of 1989 (Public Law 101-231; 103 Stat. 1963), amended 
section 36(c) of the State Department Basic Authorities Act of 1956, to 
increase the amount available for rewards for information leading to 
the arrest and conviction in any country of any individual involved in 
the commission of an act of international terrorism from $500,000 to 
$2,000,000.
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          * * * * * * *

SEC. 505.\55\ TERRORISM-RELATED TRAVEL ADVISORIES.

    The Secretary of State shall promptly advise the Congress 
whenever the Department of State issues a travel advisory, or 
other public warning notice for United States citizens 
traveling abroad, because of a terrorist threat or other 
security concern.
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    \55\ 22 U.S.C. 2656e.
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          * * * * * * *

SEC. 508. NONLETHAL AIRPORT SECURITY EQUIPMENT AND COMMODITIES FOR 
                    EGYPT.

    In addition to funds otherwise available for such purposes 
under chapter 8 of part II of the Foreign Assistance Act of 
1961, assistance authorized to carry out the purposes of 
chapter 4 of part II of such Act for the fiscal years 1986 and 
1987 (as well as undisbursed balances of previously obligated 
funds under such chapter) which are allocated for Egypt may be 
furnished, notwithstanding section 660 of such Act, for the 
provision of nonlethal airport security equipment and 
commodities, and training in the use of such equipment and 
commodities. The authority contained in this section shall be 
exercised by the Department of State's office responsible for 
administering chapter 8 of part II of the Foreign Assistance 
Act of 1961, in coordination with the Agency for International 
Development.
          * * * * * * *

               TITLE VI--INTERNATIONAL NUCLEAR TERRORISM

SEC. 601.\56\ ACTIONS TO COMBAT INTERNATIONAL NUCLEAR TERRORISM.

    (a) Actions to be Taken by the President.--The Congress 
hereby directs the President--
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    \56\ 22 U.S.C. 3244.
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          (1) to seek universal adherence to the Convention on 
        the Physical Protection of Nuclear Material;
          (2) to--
                  (A) conduct a review, enlisting the 
                participation of all relevant departments and 
                agencies of the Government, to determine 
                whether the recommendations on Physical 
                Protection of Nuclear Material published by the 
                International Atomic Energy Agency are adequate 
                to deter theft, sabotage, and the use of 
                nuclear facilities and materials in acts of 
                international terrorism, and
                  (B) transmit the results of this review to 
                the Director-General of the International 
                Atomic Energy Agency;
          (3) to take, in concert with United States allies and 
        other countries, such steps as may be necessary--
                  (A) to keep to a minimum the amount of 
                weapons-grade nuclear material in international 
                transit, and
                  (B) to ensure that when any such material is 
                transported internationally, it is under the 
                most effective means for adequately protecting 
                it from acts or attempted acts of sabotage or 
                theft by terrorist groups or nations; and
          (4) to seek agreement in the United Nations Security 
        Council to establish--
                  (A) an effective regime of international 
                sanctions against any nation or subnational 
                group which conducts or sponsors acts of 
                international nuclear terrorism, and
                  (B) measures for coordinating responses to 
                all acts of international nuclear terrorism, 
                including measures for the recovery of stolen 
                nuclear material and the clean-up of nuclear 
                releases.
    (b) Reports to the Congress.--The President shall report to 
the Congress annually, in the reports required by section 601 
of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3281), 
on the progress made during the preceding year in achieving the 
objectives described in this section.
          * * * * * * *

SEC. 604. REVIEW OF PHYSICAL SECURITY STANDARDS.

    (a) Reviews.--The Secretary of Energy, the Secretary of 
Defense, the Secretary of State, the Director of the Arms 
Controls and Disarmament Agency, and the Nuclear Regulatory 
Commission shall each review the adequacy of the physical 
security standards currently applicable with respect to the 
shipment and storage (outside the United States) of plutonium, 
and uranium enriched to more than 20 percent in the isotope 233 
or the isotope 235, which is subject to United States prior 
consent rights, with special attention to protection against 
risks of seizure or other terrorist acts.
    (b) Reports.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Energy, the Secretary 
of Defense, the Secretary of State, the Director of the Arms 
Control and Disarmament Agency, and the Nuclear Regulatory 
Commission shall each submit a written report to the Committee 
on Foreign Affairs \49\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate setting forth the 
results of the review conducted pursuant to this section, 
together with appropriate recommendations.

SEC. 605. INTERNATIONAL REVIEW OF THE NUCLEAR TERRORISM PROBLEM.

    The Congress strongly urges the President to seek a 
comprehensive review of the problem of nuclear terrorism by an 
international conference.
          * * * * * * *

 TITLE VII--MULTILATERAL COOPERATION TO COMBAT INTERNATIONAL TERRORISM

SEC. 701. INTERNATIONAL ANTITERRORISM COMMITTEE.

    (a) Findings.--The Congress finds that--
          (1) international terrorism is and remains a serious 
        threat to the peace and security of free, democratic 
        nations;
          (2) the challenge of terrorism can only by met 
        effectively by concerted action on the part of all 
        responsible nations;
          (3) the major developed democracies evidenced their 
        commitment to cooperation in the fight against 
        terrorism by the 1978 Bonn Economic Summit Declaration 
        on Terrorism; and
          (4) that commitment was renewed and strengthened at 
        the 1986 Tokyo Economic Summit and expressed in a joint 
        statement on terrorism.
    (b) International Antiterrorism Committee--The Congress 
hereby directs the President to continue to seek the 
establishment of an international committee, to be known as the 
International Antiterrorism Committee. As a first step in 
establishing such committee, the President should propose to 
the North Atlantic Treaty Organization the establishment of a 
standing political committee to examine all aspects of 
international terrorism, review opportunities for cooperation, 
and make recommendations to member nations. After the 
establishment of this committee, the President should invite 
such other countries who may choose to participate. The purpose 
of the International Antiterrorism Committee should be to focus 
the attention and secure the cooperation of the governments and 
the public of the participating countries and of other 
countries on the problems and responses to international 
terrorism (including nuclear terrorism), by serving as a forum 
at both the political and law enforcement levels.

SEC. 702. INTERNATIONAL ARRANGEMENTS RELATING TO PASSPORTS AND VISAS.

    The Congress strongly urges the President to seek the 
negotiation of international agreements (or other appropriate 
arrangements) to provide for the sharing of information 
relating to passports and visas in order to enhance cooperation 
among countries in combating international terrorism.

SEC. 703. PROTECTION OF AMERICANS ENDANGERED BY THE APPEARANCE OF THEIR 
                    PLACE OF BIRTH ON THEIR PASSPORTS.

    (a) Findings.--The Congress finds that some citizens of the 
United States may be specially endangered during a hijacking or 
other terrorist incident by the fact that their place of birth 
appears on their United States passport.
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall submit a report to the Congress on the 
implications of deleting the place of birth as a required item 
of information on passports.

SEC. 704. USE OF DIPLOMATIC PRIVILEGES AND IMMUNITIES FOR TERRORISM 
                    PURPOSES.

    The Congress strongly urges the President to instruct the 
Permanent Representative of the United States to the United 
Nations to seek the adoption of a resolution in the United 
Nations condemning the use for terrorist purposes of diplomatic 
privileges and immunities under the Vienna Convention on 
Diplomatic Relations, especially the misuse of diplomatic 
pouches and diplomatic missions.

SEC. 705. REPORTS ON PROGRESS IN INCREASING MULTILATERAL COOPERATION.

    Not later than February 1, 1987, the President shall submit 
a report to the Congress on the steps taken to carry out each 
of the preceding sections of this title (except for section 
703) and the progress being made in achieving the objectives 
described in these sections.

             TITLE VIII--VICTIMS OF TERRORISM COMPENSATION

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Victims of Terrorism 
Compensation Act.''

SEC. 802. PAYMENT TO INDIVIDUALS HELD IN CAPTIVE STATUS BETWEEN 
                    NOVEMBER 4, 1979, AND JANUARY 21, 1981.

    The amount of the payment for individuals in the Civil 
Service referred to in section 5569(d) of title 5, United 
States Code (as added by section 803 of this title), or for 
individuals in the uniformed services referred to in section 
559(c) of title 37, United States Code (as added by section 806 
of this title), as the case may be, shall be $50 for each day 
any such individual was held in captive status during a period 
commencing on or after November 4, 1979, and ending on or 
before January 21, 1981.

SEC. 803. BENEFITS FOR CAPTIVES AND OTHER VICTIMS OF HOSTILE ACTION.

    (a) In General.--Subchapter VII of chapter 55 of title 5, 
United States Code, is amended by adding at the end therefore 
the following:

``Sec. 5569.\57\ Benefits for captives
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    \57\ Functions vested in the President by this section were 
delegated to the Secretary of State by Executive Order 12598 (July 17, 
1987; 52 F.R. 23421).
---------------------------------------------------------------------------
    ``(a) For the purpose of this section--
          ``(1) `captive' means any individual in a captive 
        status commencing while such individual is--
                  ``(A) in the Civil Service, or
                  ``(B) a citizen, national, or resident alien 
                of the United States rendering personal service 
                to the United States similar to the service of 
                an individual in the Civil Service (other than 
                as a member of the uniformed services);
          ``(2) `captive status' means a missing status which, 
        as determined by the President, arises because of a 
        hostile action and is a result of the individual's 
        relationship with the Government;
          ``(3) `missing status'--
                  ``(A) in the case of an employee, has the 
                meaning provided under section 5561(5) of this 
                title; and
                  ``(B) in the case of an individual other than 
                an employee, has a similar meaning; and
          ``(4) `family member,' as used with respect to a 
        person, means--
                  ``(A) any dependent of such person; and
                  ``(B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of such 
                person's family or household.
    ``(b)(1) The Secretary of the Treasury shall establish a 
savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any captive to the 
extent that such pay and allowances are not subject to an 
allotment under section 5563 of this title or any other 
provision of law.
    ``(2) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid on United States Treasury bills 
with 3-month maturities issued during the preceding calendar 
quarter. Such interest shall be compounded quarterly.
    ``(3) Amounts in the savings fund credited to a captive 
shall be considered as pay and allowances for purposes of 
section 5563 of this title and shall otherwise be subject to 
withdrawal under procedures which the Secretary of the Treasury 
shall establish.
    ``(4) Any interest accruing under this subsection on--
          ``(A) any amount for which an individual is indebted 
        to the United States under section 5562(c) of this 
        title shall be deemed to be part of the amount due 
        under such section 5562(c); and
          ``(B) any amount referred to in section 5566(f) of 
        this title shall be deemed to be part of such amount 
        for purposes of such section 5566(f).
    ``(5) An allotment under this subsection may be made 
without regard to section 5563(c) of this title.
    ``(c) The head of an agency shall pay (by advancement or 
reimbursement) any individual who is a captive, and any family 
member of such individual, for medical and health care, and 
other expenses related to such care, to the extent that such 
care--
        ``(1) is incident to such individual being a captive; 
        and
          ``(2) is not covered--
                  ``(A) by any Government medical or health 
                program; or
                  ``(B) by insurance.
    ``(d)(1) Except as provided in paragraph (3), the President 
shall make a cash payment, computed under paragraph (2), to any 
individual who became or becomes a captive commencing on or 
after November 4, 1979. Such payment shall be made before the 
end of the one-year period beginning on the date on which the 
captive status of such individual terminates or, in the case of 
any individual whose status as a captive terminated before the 
date of the enactment of the Victims of Terrorism Compensation 
Act, before the end of the one-year period beginning on such 
date.
    ``(2) Except as provided in section 802 of the Victims of 
Terrorism Compensation Act, the amount of the payment under 
this subsection with respect to an individual held as a captive 
shall be not less than one-half of the amount of the world-wide 
average per diem rate under section 5702 of this title which 
was in effect for each day that individual was so held.
    ``(3) The President--
          ``(A) may refer a payment under this subsection in 
        the case of any individual who, during the one-year 
        period described in paragraph (1), is charged with an 
        offense described in subparagraph (B), until final 
        disposition of such charge; and
          ``(B) may deny such payment in the case of any 
        individual who is convicted of an offense described in 
        subsection (b) or (c) of section 8312 of this title 
        committed--
                  ``(i) during the period of captivity of such 
                individual; and
                  ``(ii) related to the captive status of such 
                individual.
    ``(4) A payment under this subsection shall be in addition 
to any other amount provided by law.
    ``(5) The provisions of subchapter VIII of this chapter 
(or, in the case of any person not covered by such subchapter, 
similar provisions prescribed by the President) shall apply 
with respect to any amount due an individual under paragraph 
(1) after such individual's death.
    ``(6) Any payment made under paragraph (1) which is later 
denied under paragraph (3)(B) is a claim of the United States 
Government for purposes of section 3711 of title 31.
    ``(e)(1) Under regulations prescribed by the President, the 
benefits provided by the Soldiers' and Sailors' Civil Relief 
Act of 1940 including the benefits provided by section 701 of 
such Act but excluding the benefits provided by sections 104, 
105, 106, 400 through 408, 501 through 512, and 514 of such 
Act, shall be provided in the case of any individual who is a 
captive.
    ``(2) In applying such Act under this subsection--
          ``(A) the term `person in the military service' is 
        deemed to include any such captive;
          ``(B) the term `period of military service' is deemed 
        to include the period during which the individual is in 
        a captive status; and
          ``(C) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed, in the case of 
        any captive, to be references to an individual 
        designated for that purpose by the President.
    ``(f)(1)(A) Under regulations prescribed by the President, 
the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of a captive for expenses 
incurred for subsistence, tuition, fees, supplies, books, and 
equipment, and other educational expenses, while attending an 
educational or training institution.
    ``(B) Except as provided in subparagraph (C), payments 
shall be available under this paragraph for a spouse or child 
of an individual who is a captive for education or training 
which occurs--
          ``(i) after that individual has been in captive 
        status for 90 days or more, and
          ``(ii) on or before--
                  ``(I) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the captive status of that individual 
                terminates, or
                  ``(II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date.
In order to respond to special circumstances, the appropriate 
agency head may specify a date for purposes of cessation of 
assistance under clause (ii) which is later than the date which 
would otherwise apply under such clause.
    ``(C) In the event a captive dies and the death is incident 
to that individual being a captive, payments shall be available 
under this paragraph for a spouse or child of such individual 
for education or training which occurs after the date of such 
individual's death.
    ``(D) The preceding provisions of this paragraph shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38 or similar assistance 
under any other provision of law.
    ``(E) For the purpose of this paragraph, `child' means a 
dependent under section 5561(3)(B) of this title.
    ``(2)(A) In order to respond to special circumstances, the 
head of an agency may pay (by advancement or reimbursement) a 
captive for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    ``(B) Payments shall be available under this paragraph for 
a captive for education or training which occurs--
          ``(i) after the termination of that individual's 
        captive status, and
          ``(ii) on or before--
                  ``(I) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the captive 
                status of that individual terminates, or
                  ``(II) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the 16-week period following that date, and
shall be available only to the extent that such payments are 
not otherwise authorized by law.
    ``(3) Assistance under this subsection--
          ``(A) shall be discontinued for any individual whose 
        conduct or progress is unsatisfactory under standards 
        consistent with those established pursuant to section 
        1724 of title 38; and
          ``(B) may not be provided for any individual for a 
        period in excess of 45 months (or the equivalent 
        thereof in other than fulltime education or training).
    ``(4) Regulations prescribed to carry out this subsection 
shall provide that the program under this subsection shall be 
consistent with the assistance program under chapters 35 and 36 
of title 38.
    ``(g) Any benefit provided under subsection (c) or (d) may, 
under regulations prescribed by the President, be provided to a 
family member of an individual if--
          ``(1) such family member is held in captive status; 
        and
          ``(2) such individual is performing service for the 
        United States as described in subsection (a)(1)(A) when 
        the captive status of such family member commences.
    ``(h) Except as provided in subsection (d), this section 
applies with respect to any individual in a captive status 
commencing after January 21, 1981.
    ``(i) Notwithstanding any other provision of this 
subchapter, any determination by the President under subsection 
(a)(2) or (d) shall be conclusive and shall not be subject to 
judicial review.
    ``(j) The President may prescribe regulations necessary to 
administer this section.
    ``(k) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.

``Sec. 5570.\58\ Compensation for disability or death
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    \58\ Functions vested in the President by this section were 
delegated to the Secretary of State to be exercised in consultation 
with the Secretary of Labor, by Executive Order 12598 (June 17, 1987; 
52 F.R. 23421).
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    ``(a) For the purpose of this section--
          ``(1) `employee' means--
                  ``(A) any individual in the Civil Service; 
                and
                  ``(B) any individual rendering personal 
                service to the United States similar to the 
                service of an individual in the Civil Service 
                (other than as a member of the uniformed 
                services); and
          ``(2) `family member', as used with respect to an 
        employee, means--
                  ``(A) any dependent of such employee; and
                  ``(B) any individual (other than a dependent 
                under subparagraph (A)) who is a member of the 
                employee's family or household.
    ``(b) The President shall prescribe regulations under which 
an agency head may pay compensation for the disability or death 
of an employee or a family member of an employee if, as 
determined by the President, the disability or death was caused 
by hostile action and was a result of the individual's 
relationship with the Government.
    ``(c) Any compensation otherwise payable to an individual 
under this section in connection with any disability or death 
shall be reduced by any amounts payable to such individual 
under any other program funded in whole or in part by the 
United States (excluding any amount payable under section 
5569(d) of this title) in connection with such disability or 
death, except that nothing in this subsection shall result in 
the reduction of any amount below zero.
    ``(d) A determination by the President under subsection (b) 
shall be conclusive and shall not be subject to judicial 
review.
    ``(e) Compensation under this section may include payment 
(whether by advancement or reimbursement) for any medical or 
health expenses relating to the death or disability involved to 
the extent that such expenses are not covered under subsection 
(c) of section 5569 of this title (other than because of 
paragraph (2) of such subsection).
    ``(f) This section applies with respect to any disability 
or death resulting from an injury which occurs after January 
21, 1981.
    ``(g) Any benefit or payment pursuant to this section shall 
be paid out of funds available for salaries and expenses of the 
relevant agency of the United States.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of 
title 5, United States Code, is amended by inserting after the 
item relating to section 5568 the following:

``5569. Benefits for captives.
``5570. Compensation for disability or death.''.

SEC. 804. RETENTION OF LEAVE BY ALIEN EMPLOYEES FOLLOWING INJURY FROM 
                    HOSTILE ACTION ABROAD.

    Section 6325 of title 5, United States Code, is amended by 
adding at the end thereof the following: ``The preceding 
provisions of this section shall apply in the case of an alien 
employee referred to in section 6301(2)(viii) of this title 
with respect to any leave granted to such alien employee under 
section 6310 of this title or section 408 of the Foreign 
Service Act of 1980.''.

SEC. 805. TRANSITION PROVISIONS.

    (a) Savings Fund.--(1) Amounts may be allotted to the 
savings fund under subsection (b) of section 5569 of title 5, 
United States Code (as added by section 803(a) of this Act) 
from pay and allowances for any pay period ending after January 
21, 1981, and before the establishment of such fund.
    (2) Interest on amounts so allotted with respect to any 
such pay period shall be calculated as if the allotment had 
occurred at the end of such pay period.
    (b) Medical and Health Care; Educational Expenses.--
Subsections (c) and (f) of such section 5569 (as so added) 
shall be carried out with respect to the period after January 
21, 1981, and before the effective date of those subsections, 
under regulations prescribed by the President.
    (c) Definition.--For the purpose of this subsection, ``pay 
and allowances'' has the meaning provided under section 5561 of 
title 5, United States Code.

SEC. 806. BENEFITS FOR MEMBERS OF UNIFORMED SERVICES WHO ARE VICTIMS OF 
                    HOSTILE ACTION.

    (a) Payments.--(1) Chapter 10 of title 37, United States 
Code is amended by adding at the end thereof the following new 
section:

``Sec. 559.\59\ Benefits for members held as captives
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    \59\ Functions vested in the President by this section were 
delegated to the Secretary of Defense by Executive Order 12598 (June 
17, 1987; 52 F.R. 23421).
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    ``(a) In this section: \60\
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    \60\ Sec. 8(e)(11) of Public Law 100-26 (101 Stat. 287) amended 37 
U.S.C. 559 by (A) striking ``In this section --'' and inserting in lieu 
thereof ``In this section:''; (B) inserting ``The term'' in para. (1) 
and (2); and (C) ending par. (1) with a period.
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          ``(1) The term `captive status' means a missing 
        status of a member of the uniformed services which, as 
        determined by the President, arises because of a 
        hostile action and is a result of membership in the 
        uniformed services, but does not include a period of 
        captivity of a member as a prisoner of war if Congress 
        provides to such member, in an Act enacted after August 
        27, 1986,\61\ monetary payment in respect of such 
        period of captivity.
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    \61\ Sec. 1484(d)(4) of Public Law 101-510 (104 Stat. 1717) amended 
title 37, sec. 559, by striking out ``the date of the enactment of the 
Victims of Terrorism Compensation Act'' and inserting in lieu thereof 
``August 27, 1986''.
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          ``(2) The term `former captive' means a person who, 
        as a member of the uniformed services, was held in a 
        captive status.
    ``(b)(1) The Secretary of the Treasury shall establish a 
savings fund to which the Secretary concerned may allot all or 
any portion of the pay and allowances of any member of the 
uniformed services who is in a captive status to the extent 
that such pay and allowances are not subject to an allotment 
under section 553 of this title or any other provision of law.
    ``(2) Amounts so allotted shall bear interest at a rate 
which for any calendar quarter, shall be equal to the average 
rate paid on United States Treasury bills with three-month 
maturities issued during the preceding calendar quarter. Such 
interest shall be computed quarterly.
    ``(3) Amounts in the savings fund credited to a member 
shall be considered as pay and allowances for purposes of 
section 553(c) of this title and shall otherwise be subject to 
withdrawal under procedures which the Secretary of the Treasury 
shall establish.
    ``(4) Any interest accruing under this subsection on--
          ``(A) any amount for which a member is indebted to 
        the United States under section 552(c) of this title 
        shall be deemed to be part of the amount due under such 
        section; and
          ``(B) any amount referred to in section 556(f) of 
        this title shall be deemed to be part of such amount 
        for purposes of such section.
    ``(5) An allotment under this subsection may be made 
without regard to section 553(c) of this title.
    ``(c)(1) Except as provided in paragraph (3),\62\ the 
President shall make a cash payment to any person who is a 
former captive. Such payment shall be made before the end of 
the one-year period beginning on the date on which the captive 
status of such person terminates.
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    \62\ Sec. 702(b)(2) of Public Law 102-25 (105 Stat. 117) struck out 
``of this subsection'' throughout title 37, U.S.C. (other than in 
sections 305a(d)(3), 431(a), and 501(f)).
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    ``(2) Except as provided in section 802 of the Victims of 
Terrorism Compensation Act (5 U.S.C. 5569 note),\63\ the amount 
of such payment shall be determined by the President under the 
provisions of section 5569(d)(2) of title 5.
---------------------------------------------------------------------------
    \63\ Sec. 1484(e)(2) of Public Law 101-510 (104 Stat. 1717) amended 
title 37, sec. 559, by inserting the parenthetical citation.
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    ``(3)(A) The President--
          ``(i) may defer such payment in the case of any 
        former captive who during such one-year period is 
        charged with an offense described in clause (ii) of 
        this subparagraph, until final disposition of such 
        charge; and
          ``(ii) may deny such payment in the case of any 
        former captive who is convicted of a captivity-related 
        offense--
                  ``(I) referred to in subsection (b) or (c) of 
                section 8312 of title 5; or
                  ``(II) under chapter 47 of title 10 (the 
                Uniform Code of Military Justice) that is 
                punishable by dishonorable discharge, 
                dismissal, or confinement for one year or more.
    ``(B) For the purposes of subparagraph (A) of this 
paragraph, a captivity-related offense is an offense that is--
          ``(i) committed by a person while the person is in a 
        captive status; and
          ``(ii) related to the captive status of the person.
    ``(4) A payment under this subsection is in addition to any 
other amount provided by law.
    ``(5) Any amount due a person under this subsection shall, 
after the death of such person, be deemed to be pay and 
allowances for the purposes of this chapter.
    ``(6) Any payment made under paragraph (1) \62\ that is 
later denied under paragraph (3)(A)(ii) \62\ is a claim of the 
United States Government for purposes of section 3711 of title 
31.
    ``(d) A determination by the President under subsection 
(a)(1) or (c) \64\ is final and is not subject to judicial 
review.''.
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    \64\ Sec. 702(b)(1) of Public Law 102-25 (105 Stat. 117) struck out 
``of this section'' throughout title 37, U.S.C. (other than in sections 
listed in sec. 702(c) of that Public Law).
---------------------------------------------------------------------------
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``559. Benefits for members held as captives.''.

    (3)(A)(i) Except as provided in clause (ii), section 559 of 
title 37, United States Code, as added by paragraph (1), shall 
apply to any person whose captive status begins after January 
21, 1981.
    (ii)(I) Subsection (c) of such section shall apply to any 
person whose captive status begins on or after November 4, 
1979.
    (II) In the case of any person whose status as a captive 
terminated before the date of the enactment of this Act, the 
President shall make a payment under paragraph (1) of such 
subsection before the end of the one-year period beginning on 
such date.
    (B) Amounts may be allotted to a savings fund established 
under such section from pay and allowances for any pay period 
ending after January 21, 1981, and before the establishment of 
such fund.
    (C) Interest on amounts so allotted with respect to any 
such pay period shall be calculated as if the allotment had 
occurred at the end of such pay period.
    (b) Disability and Death Benefits.--(1) Chapter 53 of title 
10, United States Code, is amended by adding at the end thereof 
the following new section:

``Sec. 1032.\65\ Disability and death compensation: dependents of 
                    members held as captives
---------------------------------------------------------------------------

    \65\ Originally sec. 1051, title 10, this section was recodified as 
sec. 1032 by sec. 7(e)(1)(A) of Public Law 100-26 (101 Stat. 281).
    Functions vested in the President by this section were delegated to 
the Secretary of Defense, to be exercised in consultation with the 
Secretary of Labor, by Executive Order 12598 (June 17, 1987; 52 F.R. 
23421).
---------------------------------------------------------------------------
    ``(a) The President shall prescribe regulations under which 
the Secretary concerned may pay compensation for the disability 
or death of a dependent of a member of the uniformed services 
if the President determines that the disability or death--
          ``(1) was caused by hostile action; and
          ``(2) was a result of the relationship of the 
        dependent to the member of the uniformed services.
    ``(b) Any compensation otherwise payable to a person under 
this section in connection with any disability or death shall 
be reduced by any amount payable to such person under any other 
program funded in whole or in part by the United States in 
connection with such disability or death, except that nothing 
in this subsection shall result in the reduction of any amount 
below zero.
    ``(c) A determination by the President under subsection (a) 
is conclusive and is not subject to judicial review.
    ``(d) In this section:
          ``(1) The term `dependent' \66\ has the meaning given 
        that term in section 551 of title 37.\67\
---------------------------------------------------------------------------
    \66\ Sec. 1622(e)(2) of Public Law 101-189 (103 Stat. 1605) 
inserted ``The term'' and made dependent lower case; and inserted ``The 
term'' after par. designation (2).
    \67\ Sec. 1343(a(25) of Public Law 99-661 substituted ``title 37'' 
for ``that title'' in par. (1); and struck out ``and `uniformed 
services' have the meanings given those terms'' and inserted ``has the 
meaning given that term'' in par. (2).
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          ``(2) The term \66\ `Secretary concerned' has the 
        meaning given that term \67\ in section 101 of that 
        title.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1032. Disability and death compensation: dependents of members held as 
          captives.''.

    (3) Section 1032 of title 10, United States Code, as added 
by paragraph (1), shall apply with respect to any disability or 
death resulting from an injury that occurs after January 21, 
1981.
    (c) Medical Benefits.--(1) Chapter 55 of title 10, United 
States Code, is amended by adding at the end thereof the 
following new section:

``Sec. 1095a.\68\ Medical care: members held as captives and their 
                    dependents
---------------------------------------------------------------------------

    \68\ Originally sec. 1095, title 10, this section was recodified as 
sec. 1095a by sec. 7(e)(2) of Public Law 100-26 (101 Stat. 281).
    Functions vested in the President by this section were delegated to 
the Secretary of Defense by Executive Order 12598 (June 17, 1987; 52 
F.R. 23421).
---------------------------------------------------------------------------
    ``(a) Under regulations prescribed by the President, the 
Secretary concerned shall pay (by advancement or reimbursement) 
any person who is a former captive, and any dependent of that 
person or of a person who is in a captive status, for health 
care and other expenses related to such care, to the extent 
that such care--
          ``(1) is incident to the captive status; and
          ``(2) is not covered--
                  ``(A) by any other Government medical or 
                health program; or
                  ``(B) by insurance.
    ``(b) In the case of any person who is eligible for medical 
care under section 1074 or 1076 of this title, such regulations 
shall require that, whenever practicable, such care be provided 
in a facility of the uniformed services.
    ``(c) In this section:
          ``(1) `captive status' \69\ and `former captive' have 
        the meanings given those terms in section 559 of title 
        37.
---------------------------------------------------------------------------
    \69\ Sec. 106(b)(1) of Public Law 100-526 struck ``Captive status'' 
and ``Dependent'' and inserted in lieu thereof ``captive status'' and 
``dependent''.
---------------------------------------------------------------------------
          ``(2) `dependent' \69\ has the meaning given that 
        term in section 551 of that title.''.
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1095a.\68\ Medical care: members held as captives and their 
          dependents.''.

    (3)(A) Section 1095 of title 10, United States Code, as 
added by paragraph (1), shall apply with respect to any person 
whose captive status begins after January 21, 1981.
    (B) The President shall prescribe specific regulations 
regarding the carrying out of such section with respect to 
persons whose captive status begins during the period beginning 
on January 21, 1981, and ending on the effective date of that 
section.
    (d) Educational Assistance.--(1) Part III of title 10, 
United States Code, is amended by adding at the end thereof the 
following new chapter:
---------------------------------------------------------------------------
    \70\ Functions vested in the President by this chapter of title 10 
were delegated to the Secretary of Defense by Executive Order 12598 
(June 17, 1987; 52 F.R. 23421).
---------------------------------------------------------------------------

``CHAPTER 110--EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND 
                         THEIR DEPENDENTS \70\

``Sec.
``2181. Definitions.
``2182. Educational assistance: dependents of captives.
``2183. Educational assistance: former captives.
``2184. Termination of assistance.
``2185. Programs to be consistent with programs administered by the 
          Department of Veterans Affairs.\71\

``Sec. 2181. Definitions

    ``In this chapter:
---------------------------------------------------------------------------
    \71\ Sec. 1621(a)(7)(A) of Public Law 101-189 (103 Stat. 1603) 
amended to read ``Department of Veterans Affairs''. Formerly read 
``Veterans' Administration''. The Department of Veterans Affairs Act 
(Public Law 100-527; 102 Stat. 2635) established the Department of 
Veterans Affairs.
---------------------------------------------------------------------------
          ``(1) \72\ The terms `captive status' and `former 
        captive' have the meanings given those terms in section 
        559 of title 37.
---------------------------------------------------------------------------
    \72\ Sec. 7(k)(6) of Public Law 100-26 inserted ``The terms'' and 
``the term'' after par. designations (1) and (2), and struck 
``Captive'' and ``Dependent'' for ``captive'' and ``dependent''.
---------------------------------------------------------------------------
          ``(2) \72\ The term `dependent' has the meaning given 
        that term in section 551 of that title.

``Sec. 2182. Educational assistance: dependents of captives

    ``(a) Under regulations prescribed by the President, the 
Secretary concerned shall pay (by advancement or reimbursement) 
a dependent of a person who is in a captive status for expenses 
incurred, while attending an educational or training 
institution, for--
          ``(1) substance;
          ``(2) tuition;
          ``(3) fees;
          ``(4) supplies;
          ``(5) books;
          ``(6) equipment; and
          ``(7) other educational expenses.
    ``(b) Except as provided in section 2184 of this title, 
payments shall be available under this section for dependent of 
a person who is in a captive status for education or training 
that occurs--
          ``(1) after that person is in a captive status for 
        not less than 90 days; and
          ``(2) on or before--
                  ``(A) the end of any semester or quarter (as 
                appropriate) that begins before the date on 
                which the captive status of that person 
                terminates;
                  ``(B) the earlier of the end of any course 
                that began before such date or the end of the 
                16-week period following that date if the 
                education or training institution is not 
                operated on a semester or quarter system; or
                  ``(C) a date specified by the Secretary 
                concerned in order to respond to special 
                circumstances.
    ``(c) If a person in a captive status or a former captive 
dies and the death is incident to the captivity, payments shall 
be available under this section for a dependent of that person 
for education or training that occurs after the date of the 
death of that person.
          ``(d) The provisions of this section shall not apply 
        to any dependent who is eligible for assistance under 
        chapter 35 of title 38 or similar assistance under any 
        other provision of law.

``Sec. 2183. Educational assistance: former captives

    ``(a) In order to respond to special circumstances, the 
Secretary concerned may pay (by advancement or reimbursement) a 
person who is a former captive for expenses incurred, while 
attending an educational or training institution, for--
          ``(1) substance;
          ``(2) tuition;
          ``(3) fees;
          ``(4) supplies;
          ``(5) books;
          ``(6) equipment; and
          ``(7) other educational expenses.
    ``(b) Except as provided in section 2184 of this title, 
payments shall be available under this section for a person who 
is a former captive for education or training that occurs--
          ``(1) after the termination of the status of that 
        person as a captive; and
          ``(2) on or before--
                  ``(A) the end of any semester or quarter (as 
                appropriate) that begins before the end of the 
                10-year period beginning on the date on which 
                the status of that person as a captive 
                terminates; or
                  ``(B) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course that began before such date or the end 
                of the 16-week period following that date.
    ``(c) Payments shall be available under this section only 
to the extent that such payments are not otherwise authorized 
by law.

``Sec. 2184. Termination of assistance

    ``Assistance under this chapter--
          ``(1) shall be discounted for any person whose 
        conduct or progress is unsatisfactory under standards 
        consistent with those established under section 3524 
        \73\ of title 38; and
---------------------------------------------------------------------------
    \73\ Sec. 1070(e)7) of Public Law 103-337 (108 Stat. 2859) amended 
10 U.S.C. 2184(1) by striking out ``sec. 1724'' and inserting in lieu 
thereof ``section 3524''.
---------------------------------------------------------------------------
          ``(2) may not be provided for any person for more 
        than 45 months (for the equivalent in other than full-
        time education or training).

``Sec. 2185. Programs to be consistent with programs administered by 
                    the Department of Veterans Affairs \71\

    ``Regulations prescribed to carry out this chapter shall 
provide that the programs under this chapter shall be 
consistent with the educational assistance programs under 
chapters 35 and 36 of title 38.''.
    (2) The table of chapters at the beginning of subtitle A of 
such title, and the table of chapters at the beginning of part 
III of such subtitle, are amended by inserting after the item 
relating to chapter 109 the following new item:

``110. Educational Assistance for Members Held as Captives and 
              Their Dependents...................................2181''.

    (3) Chapter 110 of title 10, United States Code, as added 
by paragraph (1) shall apply with respect to persons whose 
captive status begins after January 21, 1981.
    (e) Account Used for Payment of Compensation for Victims of 
Terrorism.--(1) Chapter 19 of title 37, United States Code, is 
amended by adding at the end thereof the following new section:

``Sec. 1013. Payment of compensation for victims of terrorism

    ``Any benefit or payment pursuant to section 559 of this 
title, or section 1051 or 1095a \74\ or chapter 110 of title 
10, shall be paid out of funds available to the Secretary 
concerned for military personnel.''.
---------------------------------------------------------------------------
    \74\ Sec. 1484(h)(6) of Public Law 101-510 (104 Stat. 1718) amended 
title 37, sec. 1013, by striking ``or 1095'' and inserting ``or 
1095a''.
---------------------------------------------------------------------------
    (2) The table of sections at the beginning of such chapter 
is amended by adding at the end thereof the following new item:

``1013. Payment of compensation for victims of terrorism.''.

 SEC. 807. REGULATIONS.

    Any regulation required by this title or by any amendment 
made by this title shall take effect not later than 6 months 
after the date of enactment of this Act.

SEC. 808. EFFECTIVE DATE OF ENTITLEMENTS.

    Provisions enacted by this title which provide new spending 
authority described in section 401(c)(2)(C) of the 
Congressional Budget Act of 1974 shall not be effective until 
October 1, 1986.

                      TITLE IX--MARITIME SECURITY

SEC. 901. SHORT TITLE.

    This title may be cited as the ``International Maritime and 
Port Security Act''.

SEC. 902.\75\ INTERNATIONAL MEASURES FOR SEAPORT AND SHIPBOARD 
                    SECURITY.

    The Congress encourages the President to continue to seek 
agreement through the International Maritime Organization on 
matters of international seaport and shipboard security, and 
commends him on his efforts to date. In developing such 
agreement, each member country of the International Maritime 
Organization should consult with appropriate private sector 
interests in that country. Such agreement would establish 
seaport and vessel security measures and could include--
---------------------------------------------------------------------------
    \75\ 46 U.S.C. app. 1801.
---------------------------------------------------------------------------
          (1) seaport screening of cargo and baggage similar to 
        that done at airports;
          (2) security measures to restrict access to cargo, 
        vessels, and dockside property to authorized personnel 
        only;
          (3) additional security on board vessels;
          (4) licensing or certification of compliance with 
        appropriate security standards; and
          (5) other appropriate measures to prevent unlawful 
        acts against passengers and crews on board vessels.

SEC. 903. MEASURES TO PREVENT UNLAWFUL ACTS AGAINST PASSENGERS AND 
                    CREWS ON BOARD SHIPS.

    (a) Report on Progress of IMO.--The Secretary of 
Transportation and the Secretary of State, jointly, shall 
report to the Congress by February 28, 1987, on the progress of 
the International Maritime Organization in developing 
recommendations on Measures to prevent Unlawful Acts Against 
Passengers and Crews On Board Ships.
    (b) Content of Report.--The report required by subsection 
(a) shall include the following information--
          (1) the specific areas of agreement and disagreement 
        on the recommendations among the member nations of the 
        International Maritime Organization;
          (2) the activities of the Maritime Safety Committee, 
        the Facilitation Committee, and the Legal Committee of 
        the International Maritime Organization in regard to 
        the proposed recommendations; and
          (3) the security measures specified in the 
        recommendations.
    (c) Security Measures at United States Ports.--If the 
member nations of the International Maritime Organization have 
not finalized and accepted the proposed recommendations by 
February 28, 1987, the Secretary of Transportation shall 
include in the report required by this section a proposed plan 
of action (including proposed legislation if necessary) for the 
implementation of security measures at United States ports and 
on vessels operating from those parts based on the assessment 
of threat from acts of terrorism reported by the Secretary of 
Transportation under section 905.

SEC. 904. PANAMA CANAL SECURITY.

    Not later than 6 months after the date of enactment of this 
Act, the President shall report to the Congress on the status 
of physical security at the Panama Canal with respect to the 
threat of terrorism.

SEC. 905.\76\ THREAT OF TERRORISM TO UNITED STATES PORTS AND VESSELS.

    Not later than February 28, 1987, and annually thereafter, 
the Secretary of Transportation shall report to the Congress on 
the threat from acts of terrorism to United States ports and 
vessels operating from those ports.
---------------------------------------------------------------------------
    \76\ 46 U.S.C. app. 1802.
---------------------------------------------------------------------------

SEC. 906. PORT, HARBOR, AND COASTAL FACILITY SECURITY.

    The Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 
et seq.) is amended by inserting after section 6 of the 
following new section:
    ``Sec. 7. Port, Harbor, and Coastal Facility Security.
    ``(a) General Authority.--The Secretary may take actions 
described in subsection (b) to prevent or respond to an act of 
terrorism against--
          ``(1) an individual, vessel, or public or commercial 
        structure, that is--
                  ``(A) subject to the jurisdiction of the 
                United States; and
                  ``(B) located within or adjacent to the 
                marine environment; or
          ``(2) a vessel of the United States or an individual 
        on board that vessel.
    ``(b) Specific Authority.--Under subsection (a), the 
Secretary may--
          ``(1) carry out or require measures, including 
        inspections, port and harbor patrols, the establishment 
        of security and safety zones, and the development of 
        contingency plans and procedures, to prevent or respond 
        to acts of terrorism; and
          ``(2) recruit members of the Regular Coast Guard and 
        the Coast Guard Reserve and train members of the 
        Regular Coast Guard and the Coast Guard Reserve in the 
        techniques of preventing and responding to acts of 
        terrorism.''.

SEC. 907.\77\ SECURITY STANDARDS AT FOREIGN PORTS.

    (a) Assessment of Security Measures.--The Secretary of 
Transportation shall develop and implement a plan to assess the 
effectiveness of the security measures maintained at those 
foreign ports which the Secretary, in consultation with the 
Secretary of State, determines pose a high risk of acts of 
terrorism directed against passenger vessels.
---------------------------------------------------------------------------
    \77\ 46 U.S.C. app. 1803.
---------------------------------------------------------------------------
    (b) Consultation With the Secretary of State.--In carrying 
out subsection (a), the Secretary of Transportation shall 
consult the Secretary of State with respect to the terrorist 
threat which exists in each country and poses a high risk of 
acts of terrorism directed against passenger vessels.
    (c) Report of Assessments.--Not later than 6 months after 
the date of enactment of this Act, the Secretary of 
Transportation shall report to the Congress on the plan 
developed pursuant to subsection (a) and how the Secretary will 
implement the plan.
    (d) Determination and Notification to Foreign Country.--If, 
after implementing the plan in accordance with subsection (a), 
the Secretary of Transportation determines that a port does not 
maintain and administer effective security measures, the 
Secretary of State (after being informed by the Secretary of 
Transportation) shall notify the appropriate government 
authorities of the country in which the port is located of such 
determination, and shall recommend the steps necessary to bring 
the security measures in use at that port up to the standard 
used by the Secretary of Transportation in making such 
assessment.
    (e) Antiterrorism Assistance Related to Maritime 
Security.--The President is encouraged to provide antiterrorism 
assistance related to maritime security under chapter 8 of part 
II of the Foreign Assistance Act of 1961 to foreign countries, 
especially with respect to a port which the Secretary of 
Transportation determines under subsection (d) does not 
maintain and administer effective security measures.

SEC. 908.\78\ TRAVEL ADVISORIES CONCERNING SECURITY AT FOREIGN PORTS.

    (a) Travel Advisory.--Upon being notified by the Secretary 
of Transportation that the Secretary has determined that a 
condition exists that threatens the safety or security of 
passengers, passenger vessels, or crew traveling to or from a 
foreign port which the Secretary of Transportation has 
determined pursuant to section 907(d) to be a port which does 
not maintain and administer effective security measures, the 
Secretary of State shall immediately issue a travel advisory 
with respect to that port. Any travel advisory issued pursuant 
to this subsection shall be published in the Federal Register. 
The Secretary of State shall take the necessary steps to widely 
publicize that travel advisory.
---------------------------------------------------------------------------
    \78\ 46 U.S.C. app. 1804.
---------------------------------------------------------------------------
    (b) Lifting of Travel Advisory.--The travel advisory 
required to be issued under subsection (a) may be lifted only 
if the Secretary of Transportation, in consultation with the 
Secretary of State, has determined that effective security 
measures are maintained and administered at the port with 
respect to which the Secretary of Transportation had made the 
determination described in section 907(d).
    (c) Notification to Congress.--The Secretary of State shall 
immediately notify the Congress of any change in the status of 
a travel advisory imposed pursuant to this section.

SEC. 909.\79\ SUSPENSION OF PASSENGER SERVICES.

    (a) President's Determination.--Whenever the President 
determines that a foreign nation permits the use of territory 
under its jurisdiction as a base of operations or training for, 
or as a sanctuary for, or in any way arms, aids, or abets, any 
terrorist or terrorist group which knowingly uses the illegal 
seizure of passenger vessels or the threat thereof as an 
instrument of policy, the President may, without notice or 
hearing and for as long as the President determines necessary 
to assure the security of passenger vessels against unlawful 
seizure, suspend the right of any passenger vessel common 
carrier to operate to and from, and the right of any passenger 
vessel of the United States to utilize, any port in that 
foreign nation for passenger service.
---------------------------------------------------------------------------
    \79\ 46 U.S.C. app. 1805.
---------------------------------------------------------------------------
    (b) Prohibition.--It shall be unlawful for any passenger 
vessel common carrier, or any passenger vessel of the United 
States, to operate in violation of the suspension of rights by 
the President under this section.
    (c) Penalty.--(1) If a person operates a vessel in 
violation of this section, the Secretary of the department in 
which the Coast Guard is operating may deny the vessels of that 
person entry to United States ports.
    (2) A person violating this section is liable to the United 
States Government for a civil penalty of not more than $50,000. 
Each day a vessel utilizes a prohibited port shall be a 
separate violation of this section.

SEC. 910.\80\ SANCTIONS FOR THE SEIZURE OF VESSELS BY TERRORISTS.

    The Congress encourages the President--
---------------------------------------------------------------------------
    \80\ 46 U.S.C. app. 1806.
---------------------------------------------------------------------------
        (1) to review the adequacy of domestic and 
        international sanctions against terrorists who seize or 
        attempt to seize vessels; and
          (2) to strengthen where necessary, through bilateral 
        and multilateral efforts, the effectiveness of such 
        sanctions.
Not later than one year after the date of enactment of this 
Act, the President shall submit a report to the Congress which 
includes the review of such sanctions and the efforts to 
improve such sanctions.

SEC. 911.\81\ DEFINITIONS.

    For purposes of this title--
---------------------------------------------------------------------------
    \81\ 46 U.S.C. app. 1807.
---------------------------------------------------------------------------
          (1) the term ``common carrier'' has the same meaning 
        given such term in section 3(6) of the Shipping Act of 
        1984 (46 U.S.C. App. 1702(6)); and
          (2) the terms ``passenger vessel'' and ``vessel of 
        the United States'' have the same meaning given such 
        terms in section 2102 of title 46, United States Code.

SEC 912.\82\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $12,500,000 for 
each of the fiscal years 1987 through 1991, to be available to 
the Secretary of Transportation to carry out this title.
---------------------------------------------------------------------------
    \82\ 46 U.S.C. app. 1808.
---------------------------------------------------------------------------

SEC. 913.\83\ REPORTS.

    (a) Consolidation.--To the extent practicable, the reports 
required under sections 903, 905, and 907 shall be consolidated 
into a single document before being submitted to the Congress. 
Any classified material in those reports shall be submitted 
separately as an addendum to the consolidated report.
---------------------------------------------------------------------------
    \83\ 46 U.S.C. app. 1809.
---------------------------------------------------------------------------
    (b) Submission to Committees.--The reports required to be 
submitted to the Congress under this title shall be submitted 
to the Committee on Foreign Affairs and the Committee on 
Merchant Marine and Fisheries of the House of Representatives 
\84\ and the Committee on Foreign Relations and the Committee 
on Commerce, Science and Transportation of the Senate.
---------------------------------------------------------------------------
    \84\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    The House Committee on Merchant Marine and Fisheries was abolished 
in the 104th Congress, and sec. 1(b)(3) of Public Law 104-14 (109 Stat. 
186) stated the following:
    ``(3) the Committee on Merchant Marine and Fisheries of the House 
of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

          ``(A) the Committee on Agriculture of the House of 
        Representatives, in the case of a provision of law relating to 
        inspection of seafood or seafood products;
          ``(B) the Committee on National Security of the House of 
        Representatives, in the case of a provision of law relating to 
        interoceanic canals, the Merchant Marine Academy and State 
        Maritime Academies, or national security aspects of merchant 
        marine;
          ``(C) the Committee on Resources of the House of 
        Representatives, in the case of a provision of law relating to 
        fisheries, wildlife, international fishing agreements, marine 
        affairs (including coastal zone management) except for measures 
        relating to oil and other pollution of navigable waters, or 
        oceanography;
          ``(D) the Committee on Science of the House of 
        Representatives, in the case of a provision of law relating to 
        marine research; and
          ``(E) the Committee on Transportation and Infrastructure of 
        the House of Representatives, in the case of a provision of law 
        relating to a matter other than a matter described in any of 
        subparagraphs (A) through (D).''.
---------------------------------------------------------------------------
    \85\ The Fascell Fellowship Act provided fellowships to United 
States citizens while they serve in positions formerly held by foreign 
national employees at United States diplomatic or consular missions 
abroad. For text, see page 1412.
---------------------------------------------------------------------------

                TITLE X--FASCELL FELLOWSHIP PROGRAM \85\

          * * * * * * *

              TITLE XI--SECURITY AT MILITARY BASES ABROAD

SEC. 1101.\86\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \86\ 10 U.S.C. 133 note.
---------------------------------------------------------------------------
          (1) there is evidence that terrorists consider bases 
        and installations of United States Armed Forces outside 
        the United States to be targets for attack;
          (2) more attention should be given to the protection 
        of members of the Armed Forces, and members of their 
        families, stationed outside the United States; and
          (3) current programs to educate members of the Armed 
        Forces, and members of their families, stationed 
        outside of the United States to the threats of 
        terrorist activity and how to protect themselves should 
        be substantially expanded.

SEC. 1102.\86\ RECOMMENDED ACTIONS BY THE SECRETARY OF DEFENSE.

    It is the sense of the Congress that--
          (1) the Secretary of Defense should review the 
        security of each base and installation of the 
        Department of Defense outside the United States, 
        including the family housing and support activities of 
        each such base or installation, and take the steps the 
        Secretary considers necessary to improve the security 
        of such bases and installations; and
          (2) the Secretary of Defense should institute a 
        program of training for members of the Armed Forces, 
        and for members of their families, stationed outside 
        the United States concerning security and 
        antiterrorism.

SEC. 1103.\86\ REPORT TO THE CONGRESS.

    Not later than June 30, 1987, the Secretary of Defense 
shall report to the Congress on any actions taken by the 
Secretary described in section 1102.

       TITLE XII--CRIMINAL PUNISHMENT OF INTERNATIONAL TERRORISM

SEC. 1201. ENCOURAGEMENT FOR NEGOTIATION OF A CONVENTION.

    (a) Sense of Congress.--It is the sense of the Congress 
that the President should establish a process encourage the 
negotiation of an international convention to prevent and 
control all aspects of international terrorism.
    (b) Relation to Existing International Conventions.--Such 
convention should address the prevention and control of 
international terrorism in a comprehensive fashion, taking into 
consideration matters not covered by--
          (1) the Convention for the Suppression of Unlawful 
        Seizure of Aircraft (the Hague, December 16, 1970; 22 
        U.S.T. 1641, TIAS 7192);
          (2) the Convention for the Suppression of Unlawful 
        Acts Against the Safety of Civil Aviation (Montreal, 
        September 23, 1971; 24 U.S.T. 564, TIAS 7570);
          (3) the Convention on the Prevention and Punishment 
        of Crimes Against Internationally Protected Persons 
        (New York, December 14, 1973; 28 U.S.T. 1975, TIAS 
        8532);
          (4) the Convention Against the Taking of Hostages 
        (New York, December 17, 1979; XVIII International Legal 
        Materials 1457);
          (5) the Convention on the Physical Protection of 
        Nuclear Materials (October 26, 1979; XVIII 
        International Legal Materials 1419); and
          (6) the Convention on Offenses and Certain Other Acts 
        Committed on Board Aircraft (Tokyo, September 14, 1963; 
        20 U.S.T. 2941, TIAS 6768).
    (c) What the Convention Should Provide.--Such convention 
should provide--
          (1) an explicit definition of conduct constituting 
        terrorism;
          (2) effective close intelligence-sharing, joint 
        counterterrorist training, and uniform rules for asylum 
        and extradition for perpetrators of terrorism; and
          (3) effective criminal penalties for the swift 
        punishment of perpetrators of terrorism.
    (d) Consideration of an International Tribunal.--The 
President should also consider including on the agenda for 
these negotiations the possibility of eventually establishing 
an international tribunal for prosecuting terrorists.

SEC. 1202.\87\ EXTRATERRITORIAL CRIMINAL JURISDICTION OVER TERRORIST 
                    CONDUCT. * * *

          * * * * * * *
---------------------------------------------------------------------------
    \87\ Sec. 1202 added a new chapter 113A to title 18, U.S.C. 
(redesignated as chapter 113B).
---------------------------------------------------------------------------

                  TITLE XIII--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 1302. DEMONSTRATIONS AT EMBASSIES IN THE DISTRICT OF COLUMBIA.

    It is the sense of the Congress that--
          (1) the District of Columbia law concerning 
        demonstrations near foreign missions in the District of 
        Columbia (D.C. Code, sec. 22-1115) may be inconsistent 
        with the reasonable exercise of the rights of free 
        speech and assembly, that law may have been selectively 
        enforced, and peaceful demonstrations may have been 
        unfairly arrested under that law;
          (2) the obligation of the United States to provide 
        adequate security for the missions and personnel of 
        foreign governments must be balanced with the 
        reasonable exercise of the rights of free speech and 
        assembly; and
          (3) therefore, the Council of the District of 
        Columbia should review and, if appropriate, make 
        revisions in the laws of the District of Columbia 
        concerning demonstrations near foreign missions, in 
        consultations with the Secretary of State and the 
        Secretary of the Treasury.

SEC. 1303. KURT WALDHEIM'S RETIREMENT ALLOWANCE.

    (a) Findings.--The Congress finds that--
          (1) Kurt Waldheim's misrepresentations about his past 
        enabled him to rise to the position of Secretary 
        General of the United Nations;
          (2) Kurt Waldheim currently receives $81,650 a year 
        as a retirement allowance for his service in that 
        position; and
          (3) Kurt Waldheim's misrepresentations went to 
        matters that lie at the very heart of the purposes of 
        the United Nations.
    (b) Sense of the Congress.--It is the sense of the Congress 
that the President should instruct the Permanent Representative 
of the United States to the United Nations to act to amend the 
1986-1987 Regular Program Budget to eliminate funding of Kurt 
Waldheim's retirement allowance and to act to deny Kurt 
Waldheim a retirement allowance in all future budgets.
          * * * * * * *

SEC. 1305. STRENGTHENING FOREIGN LANGUAGE SKILLS.

    It is the sense of the Congress that the Secretary of State 
should substantially strengthen the foreign language training 
of Foreign Service officers and other United States diplomatic 
personnel who may serve in embassies overseas, and to work 
toward early implementation of a program focusing on 
acquisition and retention of effective linguistic skills the 
careers of United States diplomatic personnel.

SEC. 1306. FORFEITURE OF PROCEEDS DERIVED FROM ESPIONAGE ACTIVITIES.

    (a) Gathering, Transmitting, or Losing Defense 
Information.--Section 793 of title 18, United States Code, is 
amended by adding at the end thereof the following new 
subsection:
    ``(h)(1) Any person convicted of a violation of this 
section shall forfeit to the United States, irrespective of any 
provision of State law, any property constituting, or derived 
from, any proceeds the person obtained, directly or indirectly, 
from any foreign government, or any faction or party or 
military or naval force within a foreign country, whether 
recognized or unrecognized by the United States, as the result 
of such violation.
    ``(2) The court, in imposing sentence on a defendant for a 
conviction of a violation of this section, shall order that the 
defendant forfeit to the United States all property described 
in paragraph (1) of this subsection.
    ``(3) The provisions of subsections (b), (c), and (e) 
through (o) of section 413 of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and 
(e)-(o)) shall apply to--
          ``(A) property subject to forfeiture under this 
        subsection;
          ``(B) any seizure or disposition of such property; 
        and
          ``(C) any administrative or judicial proceeding in 
        relation to such property,
if not consistent with this subsection.
    ``(4) Notwithstanding section 524(c) of title 28, there 
shall be deposited in the Crime Victims Fund in the Treasury 
all amounts from the forfeiture of property under this 
subsection remaining after the payment of expenses for 
forfeiture and sale authorized by law.''.
    (b) Gathering or Delivering Defense Information to Aid 
Foreign Government.--Section 794 of title 18, United States 
Code, is amended by adding at the end thereof the following new 
subsection:
    ``(d)(1) Any person convicted of a violation of this 
section shall forfeit to the United States irrespective of any 
provision of State law--
          ``(A) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, 
        as the result of such violation, and
          ``(B) any of the person's property used, or intended 
        to be used, in any manner or part, to commit, or to 
        facilitate the commission of, such violation.
    ``(2) The court, in imposing sentence on a defendant for a 
conviction of a violation of this section, shall order that the 
defendant forfeit to the United States all property described 
in paragraph (1) of this subsection.
    ``(3) The provisions of subsections (b), (c) and (e) 
through (o) of section 413 to the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and 
(e)-(o)) shall apply to--
          ``(A) property subject to forfeiture under this 
        subsection;
          ``(B) any seizure or disposition of such property; 
        and
          ``(C) any administrative or judicial proceeding in 
        relation to such property,
if not inconsistent with this subsection.
    ``(4) Notwithstanding section 524(c) of title 28, there 
shall be deposited in the Crime Victims Fund in the Treasury 
all amount from the forfeiture of property under this 
subsection remaining after the payment of expenses for 
forfeiture and sale authorized by law.''
    (c) Order of Special Forfeiture.--Subsection (a) of section 
3671 of title 18, United States Code, is amended by inserting 
after ``conviction of a defendant for'' the following: ``an 
offense under section 794 of this title or for''.

SEC. 1307. EXPRESSION OF SUPPORT OF ACTIVITIES OF THE UNITED STATES 
                    TELECOMMUNICATIONS TRAINING INSTITUTE.

    Nothing in this Act, the Communications Act of 1934, or any 
other Act, shall be construed to preclude the Department of 
State, the United States Agency for International Development, 
or the United States Information Agency from participation in 
support of any activities of the United States 
Telecommunications Training Institute (including use of staff, 
other appropriate resources and service of the board of the 
Institute).

SEC. 1308. POLICY TOWARD AFGHANISTAN.

    (a) Findings.--The Congress finds that--
          (1) the Soviet Union invaded the sovereign territory 
        of Afghanistan on December 27, 1979, and continues to 
        occupy and attempt to subjugate that nation through the 
        use of force, relying upon a puppet regime and an 
        occupying army of an estimated 120,000 Soviet troops;
          (2) the outrageous and barbaric treatment of the 
        people of Afghanistan by the Soviet Union is repugnant 
        to all freedom-loving peoples as reflected in seven 
        United Nations resolutions of condemnation, violates 
        all standards of conduct befitting a responsible 
        nation, and contravenes all recognized principles of 
        international law;
          (3) the Special Rapporteur of the United Nations 
        Commission on Human Rights, in his November 5, 1985, 
        report to the General Assembly, concludes that ``whole 
        groups of persons and tribes are endangered in their 
        existence and in their lives because their living 
        conditions are fundamentally affected by the kind of 
        warfare being waged'' and that the ``Government of 
        Afghanistan, with heavy support from foreign [Soviet] 
        troops, acts with great severity against opponents or 
        suspected opponents of the regime without any respect 
        for human rights obligations'' including ``use of 
        antipersonnel mines and of so-called toy bombs'' and 
        ``the indiscriminate mass killings of civilians, 
        particularly women and children'';
          (4) the Special Rapporteur also concludes that the 
        war in Afghanistan has been characterized by ``the most 
        cruel methods of warfare and by the destruction of 
        large parts of the country which has affected the 
        conditions of life of the population, destabilizing the 
        ethnic and tribal structure and disrupting family 
        units'' and that the ``demographic structure of the 
        country has changed, since over 4 million refugees from 
        all provinces and all classes have settled outside the 
        country and thousands of internal refugees have crowded 
        into the cities like Kabul'';
          (5) the United Nations General Assembly, in a 
        recorded vote of 80-22 on December 13, 1985, accepted 
        the findings of the Special Rapporteur and deplored the 
        refusal of Soviet-led Afghan officials to cooperate 
        with the United Nations, and expressed ``profound 
        distress and alarm'' at ``the widespread violations of 
        the right to life, liberty, and security of person, 
        including the commonplace practice of torture and 
        summary executions of the regime's opponents, as well 
        as increasing evidence of a policy of religious 
        intolerance'';
          (6) in a subsequent report of the Special Rapporteur 
        of February 14, 1986, the Special Rapporteur found that 
        ``The only solution to the human rights situation in 
        Afghanistan is the withdrawal of the foreign troops'' 
        and that ``Continuation of the military solution will, 
        in the opinion of the Special Rapporteur, lead 
        inevitably to a situation approaching Genocide, which 
        the traditions and culture of this noble people cannot 
        permit'';
          (7) the Soviet invasion of Afghanistan caused the 
        United States to postpone indefinitely action on the 
        SALT II Treaty in 1979, and the presence of Soviet 
        troops in that country today continues to adversely 
        affect the prospects for long-term improvement of the 
        United States-Soviet bilateral relationship in many 
        fields of great importance to the global community;
          (8) the Soviet leadership appears to be engaged in a 
        calculated policy of raising hopes for a withdrawal of 
        Soviet troops from Afghanistan in the apparent belief 
        that words will substitute for genuine action in 
        shaping world opinion; and
          (9) President Reagan, in his February 4, 1986, State 
        of the Union Address promised the Afghan people that 
        ``America will support with moral and material 
        assistance your right not just to fight and die for 
        freedom, but to fight and win freedom''.
    (b) Policy.--(1) It is the sense of the Congress that the 
United States, so long as Soviet military forces occupy 
Afghanistan, should support the efforts of the people of 
Afghanistan to regain the sovereignty and territorial integrity 
of their nation through--
          (A) the appropriate provisions of material support;
          (B) renewed multilateral initiatives aimed at 
        encouraging Soviet military withdrawal, the return of 
        an independent and nonaligned status to Afghanistan, 
        and a peaceful political settlement acceptable to the 
        people of Afghanistan, which includes provision for the 
        return of Afghan refugees in safety and dignity;
          (C) a continuous and vigorous public information 
        campaign to bring the facts of the situation in 
        Afghanistan to the attention of the world;
          (D) frequent efforts to encourage the Soviet 
        leadership and the Soviet-backed Afghan regime to 
        remove the barriers erected against the entry into and 
        reporting of events in Afghanistan by international 
        journalists; and
          (E) vigorous efforts to impress upon the Soviet 
        leadership the penalty that continued military action 
        in Afghanistan imposes upon the building of a long-term 
        constructive relationship with the United States, 
        because of the negative effect that Soviet policies in 
        Afghanistan have on attitudes toward the Soviet Union 
        among the American people and the Congress.
    (2) It is further the sense of the Congress that the 
Secretary of State should--
          (A) determine whether the actions of Soviet forces 
        against the people of Afghanistan constitute the 
        international crime of Genocide as defined in Article 
        II of the International Convention on the Prevention 
        and Punishment of the Crime of Genocide, signed on 
        behalf of the United States on December 11, 1948, and, 
        if the Secretary determines that Soviet actions may 
        constitute the crime of genocide, he shall report his 
        findings to the President and the Congress, along with 
        recommended actions; and
          (B) review United States policy with respect to the 
        continued recognition of the Soviet puppet government 
        in Kabul to determine whether such recognition is in 
        the interest of the United States.
             c. Payment of Certain Anti-Terrorism Judgments

Partial text of Public Law 106-386 [Victims of Trafficking and Violence 
 Protection Act of 2000; H.R. 3244], 114 Stat. 1464, approved October 
                                28, 2000

AN ACT To combat trafficking in persons, especially into the sex trade, 
  slavery, and involuntary servitude, to reauthorize certain Federal 
  programs to prevent violence against women, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Victims of Trafficking and 
Violence Protection Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------
          * * * * * * *

                  DIVISION C--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 2002. PAYMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

    (a) Payments.--
          (1) In general.--Subject to subsections (b) and (c), 
        the Secretary of the Treasury shall pay each person 
        described in paragraph (2), at the person's election--
                  (A) 110 percent of compensatory damages 
                awarded by judgment of a court on a claim or 
                claims brought by the person under section 
                1605(a)(7) of title 28, United States Code, 
                plus amounts necessary to pay post-judgment 
                interest under section 1961 of such title, and, 
                in the case of a claim or claims against Cuba, 
                amounts awarded as sanctions by judicial order 
                on April 18, 2000 (as corrected on June 2, 
                2000), subject to final appellate review of 
                that order; or
                  (B) 100 percent of the compensatory damages 
                awarded by judgment of a court on a claim or 
                claims brought by the person under section 
                1605(a)(7) of title 28, United States Code, 
                plus amounts necessary to pay post-judgment 
                interest, as provided in section 1961 of such 
                title, and, in the case of a claim or claims 
                against Cuba, amounts awarded as sanctions by 
                judicial order on April 18, 2000 (as corrected 
                June 2, 2000), subject to final appellate 
                review of that order.
Payments under this subsection shall be made promptly upon 
request.
          (2) Persons covered.--A person described in this 
        paragraph is a person who--
                  (A)(i) as of July 20, 2000, held a final 
                judgment for a claim or claims brought under 
                section 1605(a)(7) of title 28, United States 
                Code, against Iran or Cuba, or the right to 
                payment of an amount awarded as a judicial 
                sanction with respect to such claim or claims; 
                or
                  (ii) filed a suit under such section 
                1605(a)(7) on February 17, 1999, December 13, 
                1999, January 28, 2000, March 15, 2000, or July 
                27, 2000;
                  (B) relinquishes all claims and rights to 
                compensatory damages and amounts awarded as 
                judicial sanctions under such judgments;
                  (C) in the case of payment under paragraph 
                (1)(A), relinquishes all rights and claims to 
                punitive damages awarded in connection with 
                such claim or claims; and
                  (D) in the case of payment under paragraph 
                (1)(B), relinquishes all rights to execute 
                against or attach property that is at issue in 
                claims against the United States before an 
                international tribunal, that is the subject of 
                awards rendered by such tribunal, or that is 
                subject to section 1610(f )(1)(A) of title 28, 
                United States Code.
    (b) Funding of Amounts.--
          (1) Judgments against cuba.--For purposes of funding 
        the payments under subsection (a) in the case of 
        judgments and sanctions entered against the Government 
        of Cuba or Cuban entities, the President shall vest and 
        liquidate up to and not exceeding the amount of 
        property of the Government of Cuba and sanctioned 
        entities in the United States or any commonwealth, 
        territory, or possession thereof that has been blocked 
        pursuant to section 5(b) of the Trading with the Enemy 
        Act (50 U.S.C. App. 5(b)), sections 202 and 203 of the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701-1702), or any other proclamation, order, or 
        regulation issued thereunder. For the purposes of 
        paying amounts for judicial sanctions, payment shall be 
        made from funds or accounts subject to sanctions as of 
        April 18, 2000, or from blocked assets of the 
        Government of Cuba.
          (2) Judgments against iran.--For purposes of funding 
        payments under subsection (a) in the case of judgments 
        against Iran, the Secretary of the Treasury shall make 
        such payments from amounts paid and liquidated from--
                  (A) rental proceeds accrued on the date of 
                the enactment of this Act from Iranian 
                diplomatic and consular property located in the 
                United States; and
                  (B) funds not otherwise made available in an 
                amount not to exceed the total of the amount in 
                the Iran Foreign Military Sales Program account 
                within the Foreign Military Sales Fund on the 
                date of the enactment of this Act.
    (c) Subrogation.--Upon payment under subsection (a) with 
respect to payments in connection with a Foreign Military Sales 
Program account, the United States shall be fully subrogated, 
to the extent of the payments, to all rights of the person paid 
under that subsection against the debtor foreign state. The 
President shall pursue these subrogated rights as claims or 
offsets of the United States in appropriate ways, including any 
negotiation process which precedes the normalization of 
relations between the foreign state designated as a state 
sponsor of terrorism and the United States, except that no 
funds shall be paid to Iran, or released to Iran, from property 
blocked under the International Emergency Economic Powers Act 
or from the Foreign Military Sales Fund, until such subrogated 
claims have been dealt with to the satisfaction of the United 
States.
    (d) Sense of the Congress.--It is the sense of the Congress 
that the President should not normalize relations between the 
United States and Iran until the claims subrogated have been 
dealt with to the satisfaction of the United States.
    (e) Reaffirmation of Authority.--Congress reaffirms the 
President's statutory authority to manage and, where 
appropriate and consistent with the national interest, vest 
foreign assets located in the United States for the purposes, 
among other things, of assisting and, where appropriate, making 
payments to victims of terrorism.
    (f) Amendments.--(1) Section 1610(f) of title 28, United 
States Code, is amended-- * * *
    (2) Subsections (b) and (d) of section 117 of the Treasury 
Department Appropriations Act, 1999 (as contained in section 
101(h) of Public Law 105-277) are repealed.\2\
---------------------------------------------------------------------------
    \2\ 28 U.S.C. 1606, 1610 note.
---------------------------------------------------------------------------

SEC. 2003. AID FOR VICTIMS OF TERRORISM.

    (a) Meeting the Needs of Victims of Terrorism Outside the 
United States.--
          (1) In general.--Section 1404B(a) of the Victims of 
        Crime Act of 1984 (42 U.S.C. 10603b(a)) is amended as 
        follows:
    ``(a) Victims of Acts of Terrorism Outside United States.--
          ``(1) In general.--The Director may make supplemental 
        grants as provided in 1402(d)(5) to States, victim 
        service organizations, and public agencies (including 
        Federal, State, or local governments) and 
        nongovernmental organizations that provide assistance 
        to victims of crime, which shall be used to provide 
        emergency relief, including crisis response efforts, 
        assistance, training, and technical assistance, and 
        ongoing assistance, including during any investigation 
        or prosecution, to victims of terrorist acts or mass 
        violence occurring outside the United States who are 
        not persons eligible for compensation under title VIII 
        of the Omnibus Diplomatic Security and Antiterrorism 
        Act of 1986.
          ``(2) Victim defined.--In this subsection, the term 
        `victim'--
                  ``(A) means a person who is a national of the 
                United States or an officer or employee of the 
                United States Government who is injured or 
                killed as a result of a terrorist act or mass 
                violence occurring outside the United States; 
                and
                  ``(B) in the case of a person described in 
                subparagraph (A) who is less than 18 years of 
                age, incompetent, incapacitated, or deceased, 
                includes a family member or legal guardian of 
                that person.
          ``(3) Rule of construction.--Nothing in this 
        subsection shall be construed to allow the Director to 
        make grants to any foreign power (as defined by section 
        101(a) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801(a)) or to any domestic or foreign 
        organization operated for the purpose of engaging in 
        any significant political or lobbying activities.''.
          (2) \3\ Applicability.--The amendment made by this 
        subsection shall apply to any terrorist act or mass 
        violence occurring on or after December 21, 1988, with 
        respect to which an investigation or prosecution was 
        ongoing after April 24, 1996.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 10603b note.
---------------------------------------------------------------------------
          (3) \3\ Administrative provision.--Not later than 90 
        days after the date of the enactment of this Act, the 
        Director shall establish guidelines under section 
        1407(a) of the Victims of Crime Act of 1984 (42 U.S.C. 
        10604(a)) to specify the categories of organizations 
        and agencies to which the Director may make grants 
        under this subsection.
          (4) Technical Amendment.--Section 1404B(b) of the 
        Victims of Crime Act of 1984 (42 U.S.C. 10603b(b)) is 
        amended * * *
    (b) Amendments to Emergency Reserve Fund.--
          (1) Cap increase.--Section 1402(d)(5)(A) of the 
        Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) 
        is amended by striking ``$50,000,000'' and inserting 
        ``$100,000,000''.
          (2) Transfer.--Section 1402(e) of the Victims of 
        Crime Act of 1984 (42 U.S.C 10601(e)) is amended by 
        striking ``in excess of $500,000'' and all that follows 
        through ``than $500,000'' and inserting ``shall be 
        available for deposit into the emergency reserve fund 
        referred to in subsection (d)(5) at the discretion of 
        the Director. Any remaining unobligated sums''.
    (c) Compensation to Victims of International Terrorism.--
          (1) In general.--The Victims of Crime Act of 1984 (42 
        U.S.C. 10601 et seq.) is amended by inserting after 
        section 1404B the following:

``SEC. 1404C.\4\ COMPENSATION TO VICTIMS OF INTERNATIONAL TERRORISM.

    ``(a) Definitions.--In this section:
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 10603c.
---------------------------------------------------------------------------
          ``(1) International terrorism.--The term 
        `international terrorism' has the meaning given the 
        term in section 2331 of title 18, United States Code.
          ``(2) National of the united states.--The term 
        `national of the United States' has the meaning given 
        the term in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)).
          ``(3) Victim.--
                  ``(A) In general.--The term `victim' means a 
                person who--
                          ``(i) suffered direct physical or 
                        emotional injury or death as a result 
                        of international terrorism occurring on 
                        or after December 21, 1988 with respect 
                        to which an investigation or 
                        prosecution was ongoing after April 24, 
                        1996; and
                          ``(ii) as of the date on which the 
                        international terrorism occurred, was a 
                        national of the United States or an 
                        officer or employee of the United 
                        States Government.
                  ``(B) Incompetent, incapacitated, or deceased 
                victims.--In the case of a victim who is less 
                than 18 years of age, incompetent, 
                incapacitated, or deceased, a family member or 
                legal guardian of the victim may receive the 
                compensation under this section on behalf of 
                the victim.
                  ``(C) Exception.--Notwithstanding any other 
                provision of this section, in no event shall an 
                individual who is criminally culpable for the 
                terrorist act or mass violence receive any 
                compensation under this section, either 
                directly or on behalf of a victim.
    ``(b) Award of Compensation.--The Director may use the 
emergency reserve referred to in section 1402(d)(5)(A) to carry 
out a program to compensate victims of acts of international 
terrorism that occur outside the United States for expenses 
associated with that victimization.
    ``(c) Annual Report.--The Director shall annually submit to 
Congress a report on the status and activities of the program 
under this section, which report shall include--
          ``(1) an explanation of the procedures for filing and 
        processing of applications for compensation;
          ``(2) a description of the procedures and policies 
        instituted to promote public awareness about the 
        program;
          ``(3) a complete statistical analysis of the victims 
        assisted under the program, including--
                  ``(A) the number of applications for 
                compensation submitted;
                  ``(B) the number of applications approved and 
                the amount of each award;
                  ``(C) the number of applications denied and 
                the reasons for the denial;
                  ``(D) the average length of time to process 
                an application for compensation; and
                  ``(E) the number of applications for 
                compensation pending and the estimated future 
                liability of the program; and
          ``(4) an analysis of future program needs and 
        suggested program improvements.''.
          (2) Conforming amendment.--Section 1402(d)(5)(B) of 
        the Victims of Crime Act of 1984 (42 U.S.C. 
        10601(d)(5)(B)) is amended by inserting ``, to provide 
        compensation to victims of international terrorism 
        under the program under section 1404C,'' after 
        ``section 1404B''.
    (d) Amendments to Victims of Crime Fund.--Section 1402(c) 
of the Victims of Crime Act 1984 (42 U.S.C. 10601(c)) is 
amended by adding at the end the following: ``Notwithstanding 
section 1402(d)(5), all sums deposited in the Fund in any 
fiscal year that are not made available for obligation by 
Congress in the subsequent fiscal year shall remain in the Fund 
for obligation in future fiscal years, without fiscal year 
limitation.''.
          * * * * * * *
      d. National Terrorist Asset Tracking Center--Appropriations

 Partial text of Public Law 106-346 [Department of Transportation and 
Related Agencies Appropriations, 2001; H.R. 5394, enacted by reference 
      in H.R. 4475], 114 Stat. 1356A-1, approved October 23, 2001

 AN ACT Making appropriations for the Department of Transportation and 
related agencies for the fiscal year ending September 30, 2001, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2001, and for other purposes, namely:
          * * * * * * *

                                TITLE V

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    For an additional amount in support of the Nation's 
counterterrorism efforts, $6,424,000: Provided, That these 
funds shall be for establishing a new interagency National 
Terrorist Asset Tracking Center in the Office of Foreign Assets 
Control: Provided further, That these funds maybe used to 
reimburse any Department of the Treasury organization for costs 
of providing support for this effort.
          * * * * * * *
    e. Secure Embassy Construction and Counterterrorism Act of 1999

 Partial text of H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
     Public Law 106-113, 113 Stat. 1536, approved November 29, 1999

        TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

SEC. 601.\1\ SHORT TITLE.

    This title may be cited as the ``Secure Embassy 
Construction and Counterterrorism Act of 1999''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4801 note.
---------------------------------------------------------------------------

SEC. 602.\2\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4865 note.
---------------------------------------------------------------------------
          (1) On August 7, 1998, the United States embassies in 
        Nairobi, Kenya, and in Dar es Salaam, Tanzania, were 
        destroyed by simultaneously exploding bombs. The 
        resulting explosions killed 220 persons and injured 
        more than 4,000 others. Twelve Americans and 40 Kenyan 
        and Tanzanian employees of the United States Foreign 
        Service were killed in the attack.
          (2) The United States personnel in both Dar es Salaam 
        and Nairobi showed leadership and personal courage in 
        their response to the attacks. Despite the havoc 
        wreaked upon the embassies, staff in both embassies 
        provided rapid response in locating and rescuing 
        victims, providing emergency assistance, and quickly 
        restoring embassy operations during a crisis.
          (3) The bombs are believed to have been set by 
        individuals associated with Osama bin Laden, leader of 
        a known transnational terrorist organization. In 
        February 1998, bin Laden issued a directive to his 
        followers that called for attacks against United States 
        interests anywhere in the world.
          (4) Threats continue to be made against United States 
        diplomatic facilities.
          (5) Accountability Review Boards were convened 
        following the bombings, as required by Public Law 99-
        399, chaired by Admiral William J. Crowe, United States 
        Navy (Ret.) (in this section referred to as the ``Crowe 
        panels'').
          (6) The conclusions of the Crowe panels were 
        strikingly similar to those stated by the Commission 
        chaired by Admiral Bobby Ray Inman, which issued an 
        extensive embassy security report in 1985.
          (7) The Crowe panels issued a report setting out many 
        problems with security at United States diplomatic 
        facilities, in particular the following:
                  (A) The United States Government has devoted 
                inadequate resources to security against 
                terrorist attacks.
                  (B) The United States Government places too 
                low a priority on security concerns.
          (8) The result has been a failure to take adequate 
        steps to prevent tragedies such as the bombings in 
        Kenya and Tanzania.
          (9) The Crowe panels found that there was an 
        institutional failure on the part of the Department of 
        State to recognize threats posed by transnational 
        terrorism and vehicular bombs.
          (10) Responsibility for ensuring adequate resources 
        for security programs is widely shared throughout the 
        United States Government, including Congress. Unless 
        the vulnerabilities identified by the Crowe panels are 
        addressed in a sustained and financially realistic 
        manner, the lives and safety of United States employees 
        in diplomatic facilities will continue to be at risk 
        from further terrorist attacks.
          (11) Although service in the Foreign Service or other 
        United States Government positions abroad can never be 
        completely without risk, the United States Government 
        must take all reasonable steps to minimize security 
        risks.

SEC. 603.\2\ UNITED STATES DIPLOMATIC FACILITY DEFINED.

    In this title, the terms ``United States diplomatic 
facility'' and ``diplomatic facility'' mean any chancery, 
consulate, or other office notified to the host government as 
diplomatic or consular premises in accordance with the Vienna 
Conventions on Diplomatic and Consular Relations, or otherwise 
subject to a publicly available bilateral agreement with the 
host government (contained in the records of the United States 
Department of State) that recognizes the official status of the 
United States Government personnel present at the facility.

SEC. 604.\2\ AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--In addition to 
amounts otherwise authorized to be appropriated by this or any 
other Act, there are authorized to be appropriated for 
``Embassy Security, Construction and Maintenance''--
          (1) for fiscal year 2000, $900,000,000;
          (2) for fiscal year 2001, $900,000,000;
          (3) for fiscal year 2002, $900,000,000;
          (4) for fiscal year 2003, $900,000,000; and
          (5) for fiscal year 2004, $900,000,000.
    (b) Purposes.--Funds made available under the ``Embassy 
Security, Construction, and Maintenance'' account may be used 
only for the purposes of--
          (1) the acquisition of United States diplomatic 
        facilities and, if necessary, any residences or other 
        structures located in close physical proximity to such 
        facilities, or
          (2) the provision of major security enhancements to 
        United States diplomatic facilities,
to the extent necessary to bring the United States Government 
into compliance with all requirements applicable to the 
security of United States diplomatic facilities, including the 
relevant requirements set forth in section 606.
    (c) Availability of Authorizations.--Authorizations of 
appropriations under subsection (a) shall remain available 
until the appropriations are made.
    (d) Availability of Funds.--Amounts appropriated pursuant 
to subsection (a) are authorized to remain available until 
expended.

SEC. 605.\2\ OBLIGATIONS AND EXPENDITURES.

    (a) Report and Priority of Obligations.--
          (1) Report.--Not later than February 1 of the year 
        2000 and each of the four subsequent years, the 
        Secretary of State shall submit a classified report to 
        the appropriate congressional committees identifying 
        each diplomatic facility or each diplomatic or consular 
        post composed of such facilities that is a priority for 
        replacement or for any major security enhancement 
        because of its vulnerability to terrorist attack (by 
        reason of the terrorist threat and the current 
        condition of the facility). The report shall list such 
        facilities in groups of 20. The groups shall be ranked 
        in order from most vulnerable to least vulnerable to 
        such an attack.
          (2) Priority on use of funds.--
                  (A) In general.--Except as provided in 
                subparagraph (B), funds authorized to be 
                appropriated by section 604 for a particular 
                project may be used only for those facilities 
                which are listed in the first four groups 
                described in paragraph (1).
                  (B) Exception.--Funds authorized to be made 
                available by section 604 may only be used for 
                facilities which are not in the first 4 groups 
                described in paragraph (1), if the Congress 
                authorizes or appropriates funds for such a 
                diplomatic facility or the Secretary of State 
                notifies the appropriate congressional 
                committees that such funds will be used for a 
                facility in accordance with the procedures 
                applicable to a reprogramming of funds under 
                section 34(a) of the State Department Basic 
                Authorities Act of 1956 (22 U.S.C. 2706(a)).
    (b) Prohibition on Transfer of Funds.--None of the funds 
authorized to be appropriated by section 604 may be transferred 
to any other account.
    (c) Semiannual Reports on Acquisition and Major Security 
Upgrades.--On June 1 and December 1 of each year, the Secretary 
of State shall submit a report to the appropriate congressional 
committees on the embassy construction and security program 
authorized under this title. The report shall include--
          (1) obligations and expenditures--
                  (A) during the previous two fiscal quarters; 
                and
                  (B) since the enactment of this Act;
          (2) projected obligations and expenditures for the 
        fiscal year in which the report is submitted and how 
        these obligations and expenditures will improve 
        security conditions of specific diplomatic facilities; 
        and
          (3) the status of ongoing acquisition and major 
        security enhancement projects, including any 
        significant changes in--
                  (A) the budgetary requirements for such 
                projects;
                  (B) the schedule of such projects; and
                  (C) the scope of the projects.

SEC. 606.\2\ SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC 
                    FACILITIES.

    (a) In General.--The following security requirements shall 
apply with respect to United States diplomatic facilities and 
specified personnel:
          (1) Threat assessment.--
                  (A) Emergency action plan.--The Emergency 
                Action Plan (EAP) of each United States mission 
                shall address the threat of large explosive 
                attacks from vehicles and the safety of 
                employees during such an explosive attack. Such 
                plan shall be reviewed and updated annually.
                  (B) Security environment threat list.--The 
                Security Environment Threat List shall contain 
                a section that addresses potential acts of 
                international terrorism against United States 
                diplomatic facilities based on threat 
                identification criteria that emphasize the 
                threat of transnational terrorism and include 
                the local security environment, host government 
                support, and other relevant factors such as 
                cultural realities. Such plan shall be reviewed 
                and updated every six months.
          (2) Site selection.--
                  (A) In general.--In selecting a site for any 
                new United States diplomatic facility abroad, 
                the Secretary shall ensure that all United 
                States Government personnel at the post (except 
                those under the command of an area military 
                commander) will be located on the site.
                  (B) Waiver authority.--
                          (i) In general.--Subject to clause 
                        (ii), the Secretary of State may waive 
                        subparagraph (A) if the Secretary, 
                        together with the head of each agency 
                        employing personnel that would not be 
                        located at the site, determine that 
                        security considerations permit and it 
                        is in the national interest of the 
                        United States.
                          (ii) Chancery or consulate 
                        building.--
                                  (I) Authority not 
                                delegable.--The Secretary may 
                                not delegate the waiver 
                                authority under clause (i) with 
                                respect to a chancery or 
                                consulate building.
                                  (II) Congressional 
                                notification.--Not less than 15 
                                days prior to implementing the 
                                waiver authority under clause 
                                (i) with respect to a chancery 
                                or consulate building, the 
                                Secretary shall notify the 
                                appropriate congressional 
                                committees in writing of the 
                                waiver and the reasons for the 
                                determination.
                          (iii) Report to congress.--The 
                        Secretary shall submit to the 
                        appropriate congressional committees an 
                        annual report of all waivers under this 
                        subparagraph.
          (3) Perimeter distance.--
                  (A) Requirement.--Each newly acquired United 
                States diplomatic facility shall be sited not 
                less than 100 feet from the perimeter of the 
                property on which the facility is to be 
                situated.
                  (B) Waiver authority.--
                          (i) In general.--Subject to clause 
                        (ii), the Secretary of State may waive 
                        subparagraph (A) if the Secretary 
                        determines that security considerations 
                        permit and it is in the national 
                        interest of the United States.
                          (ii) Chancery or consulate 
                        building.--
                                  (I) Authority not 
                                delegable.--The Secretary may 
                                not delegate the waiver 
                                authority under clause (i) with 
                                respect to a chancery or 
                                consulate building.
                                  (II) Congressional 
                                notification.--Not less than 15 
                                days prior to implementing the 
                                waiver authority under 
                                subparagraph (A) with respect 
                                to a chancery or consulate 
                                building, the Secretary shall 
                                notify the appropriate 
                                congressional committees in 
                                writing of the waiver and the 
                                reasons for the determination.
                          (iii) Report to congress.--The 
                        Secretary shall submit to the 
                        appropriate congressional committees an 
                        annual report of all waivers under this 
                        subparagraph.
          (4) Crisis management training.--
                  (A) Training of headquarters staff.--The 
                appropriate personnel of the Department of 
                State headquarters staff shall undertake crisis 
                management training for mass casualty and mass 
                destruction incidents relating to diplomatic 
                facilities for the purpose of bringing about a 
                rapid response to such incidents from 
                Department of State headquarters in Washington, 
                D.C.
                  (B) Training of personnel abroad.--A program 
                of appropriate instruction in crisis management 
                shall be provided to personnel at United States 
                diplomatic facilities abroad at least on an 
                annual basis.
          (5) Diplomatic security training.--Not later than six 
        months after the date of the enactment of this Act, the 
        Secretary of State shall--
                  (A) develop annual physical fitness standards 
                for all diplomatic security agents to ensure 
                that the agents are prepared to carry out all 
                of their official responsibilities; and
                  (B) provide for an independent evaluation by 
                an outside entity of the overall adequacy of 
                current new agent, in-service, and management 
                training programs to prepare agents to carry 
                out the full scope of diplomatic security 
                responsibilities, including preventing attacks 
                on United States personnel and facilities.
          (6) State department support.--
                  (A) Foreign emergency support team.--The 
                Foreign Emergency Support Team (FEST) of the 
                Department of State shall receive sufficient 
                support from the Department, including--
                          (i) conducting routine training 
                        exercises of the FEST;
                          (ii) providing personnel identified 
                        to serve on the FEST as a collateral 
                        duty;
                          (iii) providing personnel to assist 
                        in activities such as security, medical 
                        relief, public affairs, engineering, 
                        and building safety; and
                          (iv) providing such additional 
                        support as may be necessary to enable 
                        the FEST to provide support in a post-
                        crisis environment involving mass 
                        casualties and physical damage.
                  (B) FEST aircraft.--
                          (i) Replacement aircraft.--The 
                        President shall develop a plan to 
                        replace on a priority basis the current 
                        FEST aircraft funded by the Department 
                        of Defense with a dedicated, capable, 
                        and reliable replacement aircraft and 
                        backup aircraft to be operated and 
                        maintained by the Department of 
                        Defense.
                          (ii) Report.--Not later than 60 days 
                        after the date of enactment of this 
                        Act, the President shall submit a 
                        report to the appropriate congressional 
                        committees describing the aircraft 
                        selected pursuant to clause (i) and the 
                        arrangements for the funding, 
                        operation, and maintenance of such 
                        aircraft.
                          (iii) Authority to lease aircraft to 
                        respond to a terrorist attack abroad.--
                        Subject to the availability of 
                        appropriations, when the Attorney 
                        General of the Department of Justice 
                        exercises the Attorney General's 
                        authority to lease commercial aircraft 
                        to transport equipment and personnel in 
                        response to a terrorist attack abroad 
                        if there have been reasonable efforts 
                        to obtain appropriate Department of 
                        Defense aircraft and such aircraft are 
                        unavailable, the Attorney General shall 
                        have the authority to obtain 
                        indemnification insurance or guarantees 
                        if necessary and appropriate.
          (7) Rapid response procedures.--The Secretary of 
        State shall enter into a memorandum of understanding 
        with the Secretary of Defense setting out rapid 
        response procedures for mobilization of personnel and 
        equipment of their respective departments to provide 
        more effective assistance in times of emergency with 
        respect to United States diplomatic facilities.
          (8) Storage of emergency equipment and records.--All 
        United States diplomatic facilities shall have 
        emergency equipment and records required in case of an 
        emergency situation stored at an off-site facility.
    (b) Statutory Construction.--Nothing in this section alters 
or amends existing security requirements not addressed by this 
section.

SEC. 607. REPORT ON OVERSEAS PRESENCE.

    (a) Review.--The Secretary of State shall review the 
findings of the Overseas Presence Advisory Panel of the 
Department of State.
    (b) Report.--
          (1) In general.--Not later than 120 days after 
        submission of the Overseas Presence Advisory Panel 
        Report, the Secretary of State shall submit a report to 
        the appropriate congressional committees setting forth 
        the results of the review conducted under subsection 
        (a).
          (2) Elements of the report.--To the extent not 
        addressed by the review described in subsection (a), 
        the report shall also--
                  (A) specify whether any United States 
                diplomatic facility should be closed because--
                          (i) the facility is highly vulnerable 
                        and subject to threat of terrorist 
                        attack; and
                          (ii) adequate security enhancements 
                        cannot be provided to the facility;
                  (B) in the event that closure of a diplomatic 
                facility is required, identify plans to provide 
                secure premises for permanent use by the United 
                States diplomatic mission, whether in country 
                or in a regional United States diplomatic 
                facility, or for temporary occupancy by the 
                mission in a facility pending acquisition of 
                new buildings;
                  (C) outline the potential for reduction or 
                transfer of personnel or closure of missions if 
                technology is adequately exploited for maximum 
                efficiencies;
                  (D) examine the possibility of creating 
                regional missions in certain parts of the 
                world;
                  (E) in the case of diplomatic facilities that 
                are part of the Special Embassy Program, report 
                on the foreign policy objectives served by 
                retaining such missions, balancing the 
                importance of these objectives against the 
                well-being of United States personnel; and
                  (F) examine the feasibility of opening new 
                regional outreach centers, modeled on the 
                system used by the United States Embassy in 
                Paris, France, with each center designed to 
                operate--
                          (i) at no additional cost to the 
                        United States Government;
                          (ii) with staff consisting of one or 
                        two Foreign Service officers currently 
                        assigned to the United States 
                        diplomatic mission in the country in 
                        which the center is located; and
                          (iii) in a region of the country with 
                        high gross domestic product (GDP), a 
                        high density population, and a media 
                        market that not only includes but 
                        extends beyond the region.

SEC. 608. ACCOUNTABILITY REVIEW BOARDS.

    Section 301 of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4831) is amended to read 
as follows: * * *

SEC. 609. INCREASED ANTI-TERRORISM TRAINING IN AFRICA.

    Not later than six months after the date of the enactment 
of this Act, the Secretary of State, in consultation with the 
Secretary of the Treasury and the Attorney General, shall 
submit a report to the appropriate congressional committees on 
a proposed operational plan and site selection to expeditiously 
establish an International Law Enforcement Academy (ILEA) on 
the continent of Africa in order to increase training and 
cooperation on the continent in anti-terrorism and 
transnational crime fighting.
                f. Information on Violent Crimes Abroad

Partial text of Public Law 105-107 [Intelligence Authorization Act for 
 Fiscal Year 1998; S. 858], 111 Stat. 2248, approved November 20, 1997

      AN ACT To authorize appropriations for fiscal year 1998 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Intelligence Authorization Act for Fiscal Year 1998''.
    (b) Table of Contents.-- * * *
          * * * * * * *

                     TITLE III--GENERAL PROVISIONS

          * * * * * * *

SEC. 307\1\ PROVISION OF INFORMATION ON CERTAIN VIOLENT CRIMES ABROAD 
                    TO VICTIMS AND VICTIMS' FAMILIES.

    (a) Sense of Congress.--It is the sense of Congress that--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2715a.
---------------------------------------------------------------------------
          (1) it is in the national interests of the United 
        States to provide information regarding the killing, 
        abduction, torture, or other serious mistreatment of 
        United States citizens abroad to the victims of such 
        crimes, or the families of victims of such crimes if 
        they are United States citizens; and
          (2) the provision of such information is sufficiently 
        important that the discharge of the responsibility for 
        identifying and disseminating such information should 
        be vested in a cabinet-level officer of the United 
        States Government.
    (b) Responsibility.--The Secretary of State shall take 
appropriate actions to ensure that the United States Government 
takes all appropriate actions to--
          (1) identify promptly information (including 
        classified information) in the possession of the 
        departments and agencies of the United States 
        Government regarding the killing, abduction, torture, 
        or other serious mistreatment of United States citizens 
        abroad; and
          (2) subject to subsection (c), promptly make such 
        information available to--
                  (A) the victims of such crimes; or
                  (B) when appropriate, the family members of 
                the victims of such crimes if such family 
                members are United States citizens.
    (c) Limitations.--The Secretary shall work with the heads 
of appropriate departments and agencies of the United States 
Government in order to ensure that information relevant to a 
crime covered by subsection (b) is promptly reviewed and, to 
the maximum extent practicable, without jeopardizing sensitive 
sources and methods or other vital national security interests, 
or without jeopardizing an on-going criminal investigation or 
proceeding, made available under that subsection unless such 
disclosure is specifically prohibited by law.
          * * * * * * *
      g. Sense of Senate Regarding Acts of International Terrorism

 Partial text of Public Law 104-264 [Federal Aviation Reauthorization 
   Act of 1996; H.R. 3539], 110 Stat. 3213, approved October 9, 1996

 AN ACT To amend title 49, United States Code, to reauthorize programs 
    of the Federal Aviation Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, * * *

                      TITLE III--AVIATION SECURITY

          * * * * * * *

SEC. 314. SENSE OF THE SENATE REGARDING ACTS OF INTERNATIONAL 
                    TERRORISM.

    (a) Findings.--The Senate finds that--
          (1) there has been an intensification in the 
        oppression and disregard for human life among nations 
        that are willing to export terrorism;
          (2) there has been an increase in attempts by 
        criminal terrorists to murder airline passengers 
        through the destruction of civilian airliners and the 
        deliberate fear and death inflicted through bombings of 
        buildings and the kidnapping of tourists and Americans 
        residing abroad; and
          (3) information widely available demonstrates that a 
        significant portion of international terrorist activity 
        is state-sponsored, -organized, -condoned, or -
        directed.
    (b) Sense of the Senate.--It is the sense of the Senate 
that if evidence establishes beyond a clear and reasonable 
doubt that any act of hostility towards any United States 
citizen was an act of international terrorism sponsored, 
organized, condoned, or directed by any nation, a state of war 
should be considered to exist or to have existed between the 
United States and that nation, beginning as of the moment that 
the act of aggression occurs.
          * * * * * * *
        h. Antiterrorism and Effective Death Penalty Act of 1996

 Partial text of Public Law 104-132 [S. 735], 110 Stat. 1214, approved 
                             April 24, 1996


          Note.--Except for the provisions noted below, the 
        Antiterrorism and Effective Death Penalty Act of 1996 
        amends other legislation and has been incorporated into 
        those laws, or consists of legislation not generally 
        related to foreign policy. Complete text of the Act may 
        be found at 110 Stat. 1214.



AN ACT To deter terrorism, provide justice for victims, provide for an 
            effective death penalty, 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 ``Antiterrorism and Effective 
Death Penalty Act of 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows: * * *
          * * * * * * *

                     TITLE II--JUSTICE FOR VICTIMS

          * * * * * * *

     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

SEC. 221.\1\ JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. * * *
---------------------------------------------------------------------------

    \1\ Sec. 221 amended 28 USC 1605 and 1610, relating to foreign 
sovereign immunity. See page 2271.
---------------------------------------------------------------------------

             Subtitle C--Assistance to Victims of Terrorism

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Justice for Victims of 
Terrorism Act of 1996''.

SEC. 232. VICTIMS OF TERRORISM ACT. * * * \2\
---------------------------------------------------------------------------

    \2\ Sec. 232(a) added sec. 1404B to the Victims of Crime Act of 
1984, relating to compensation and assistance to victims of terrorism 
or mass violence, codified at 42 U.S.C. 10603b. That section was 
amended and restated by Public Law 106-386; see page 945.
---------------------------------------------------------------------------

SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM. * * * \3\
---------------------------------------------------------------------------

    \3\ Sec. 233 amended sec. 1403(b) of the Victims of Crime Act of 
1984, relating to compensation of victims of terrorism. That section 
was amended and restated by Public Law 106-386; see page 945.
---------------------------------------------------------------------------
          * * * * * * *

            TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS

     Subtitle A--Prohibition on International Terrorist Fundraising

SEC. 301.\4\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \4\ 18 U.S.C. 2339B note.
---------------------------------------------------------------------------
          (1) international terrorism is a serious and deadly 
        problem that threatens the vital interests of the 
        United States;
          (2) the Constitution confers upon Congress the power 
        to punish crimes against the law of nations and to 
        carry out the treaty obligations of the United States, 
        and therefore Congress may by law impose penalties 
        relating to the provision of material support to 
        foreign organizations engaged in terrorist activity;
          (3) the power of the United States over immigration 
        and naturalization permits the exclusion from the 
        United States of persons belonging to international 
        terrorist organizations;
          (4) international terrorism affects the interstate 
        and foreign commerce of the United States by harming 
        international trade and market stability, and limiting 
        international travel by United States citizens as well 
        as foreign visitors to the United States;
          (5) international cooperation is required for an 
        effective response to terrorism, as demonstrated by the 
        numerous multilateral conventions in force providing 
        universal prosecutive jurisdiction over persons 
        involved in a variety of terrorist acts, including 
        hostage taking, murder of an internationally protected 
        person, and aircraft piracy and sabotage;
          (6) some foreign terrorist organizations, acting 
        through affiliated groups or individuals, raise 
        significant funds within the United States, or use the 
        United States as a conduit for the receipt of funds 
        raised in other nations; and
          (7) foreign organizations that engage in terrorist 
        activity are so tainted by their criminal conduct that 
        any contribution to such an organization facilitates 
        that conduct.
    (b) Purpose.--The purpose of this subtitle is to provide 
the Federal Government the fullest possible basis, consistent 
with the Constitution, to prevent persons within the United 
States, or subject to the jurisdiction of the United States, 
from providing material support or resources to foreign 
organizations that engage in terrorist activities.

SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--Chapter 2 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
adding at the end the following: * * * \5\
---------------------------------------------------------------------------
    \5\ Sec. 302 added a new sec. 219 (8 U.S.C. 1189), relating to the 
designation of foreign terrorist organizations, to the Immigration and 
Nationality Act.
---------------------------------------------------------------------------
    (b) * * *

SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.

    (a) In General.--Chapter 113B of title 18, United States 
Code, is amended by adding at the end the following new 
section: * * * \6\
---------------------------------------------------------------------------
    \6\ Sec. 303(a) added a new sec. 2339B to 18 U.S.C., relating to 
providing material support or resources to designated foreign terrorist 
organizations; see page 891. Subsecs. (b) and (c) made technical 
amendments to 18 U.S.C.
---------------------------------------------------------------------------
    (b) * * *
    (c) * * *

       Subtitle B--Prohibition on Assistance to Terrorist States

SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States 
Code, relating to terrorism, is amended by inserting after the 
section 2332c added by section 521 of this Act the following 
new section: * * * \7\
---------------------------------------------------------------------------
    \7\ Sec. 321(a) added a new sec. 2332d to 18 U.S.C., relating to 
financial transactions with terrorists. Subsec. (b) made a technical 
amendment to the same title.
---------------------------------------------------------------------------
    (b) * * *
    (c) Effective Date.--The amendments made by this section 
shall become effective 120 days after the date of enactment of 
this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

    Section 44906 of title 49, United States Code, is amended 
to read as follows: * * * \8\
---------------------------------------------------------------------------
    \8\ Sec. 322 amended and restated 49 U.S.C. 44906, relating to 
foreign air carrier security programs. See Legislation on Foreign 
Relations Through 2001, vol. IV.
---------------------------------------------------------------------------

SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended 
to read as follows: * * * \9\
---------------------------------------------------------------------------
    \9\ Sec. 323 amended and restated 18 U.S.C. 2339A, relating to 
providing material support to terrorists.
---------------------------------------------------------------------------

SEC. 324.\10\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2377 note.
---------------------------------------------------------------------------
          (1) international terrorism is among the most serious 
        transnational threats faced by the United States and 
        its allies, far eclipsing the dangers posed by 
        population growth or pollution;
          (2) the President should continue to make efforts to 
        counter international terrorism a national security 
        priority;
          (3) because the United Nations has been an inadequate 
        forum for the discussion of cooperative, multilateral 
        responses to the threat of international terrorism, the 
        President should undertake immediate efforts to develop 
        effective multilateral responses to international 
        terrorism as a complement to national counter terrorist 
        efforts;
          (4) the President should use all necessary means, 
        including covert action and military force, to disrupt, 
        dismantle, and destroy international infrastructure 
        used by international terrorists, including overseas 
        terrorist training facilities and safe havens;
          (5) the Congress deplores decisions to ease, evade, 
        or end international sanctions on state sponsors of 
        terrorism, including the recent decision by the United 
        Nations Sanctions Committee to allow airline flights to 
        and from Libya despite Libya's noncompliance with 
        United Nations resolutions; and
          (6) the President should continue to undertake 
        efforts to increase the international isolation of 
        state sponsors of international terrorism, including 
        efforts to strengthen international sanctions, and 
        should oppose any future initiatives to ease sanctions 
        on Libya or other state sponsors of terrorism.

SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
                    STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
is amended by adding immediately after section 620F the 
following new section: * * * \11\
---------------------------------------------------------------------------
    \11\ Sec. 325 added a new sec. 620G to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2377), relating to a prohibition on assistance to 
countries that aid terrorist states. See Legislation on Foreign 
Relations Through 2001, vol. I-A.
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SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY 
                    EQUIPMENT TO TERRORIST STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
is amended by adding immediately after section 620G the 
following new section: * * * \12\
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    \12\ Sec. 326 added a new sec. 620H to the Foreign Assistance Act 
of 1961 (22 U.S.C. 2377), relating to a prohibition on assistance to 
countries that provide military equipment to terrorist states. See 
Legislation on Foreign Relations Through 2001, vol. I-A.
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SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
                    INSTITUTIONS TO TERRORIST STATES.

    The International Financial Institutions Act (22 U.S.C. 
262c et seq.) is amended by inserting after section 1620 the 
following new section: * * * \13\
---------------------------------------------------------------------------
    \13\ Sec. 327 added a new sec. 1621 to the International Financial 
Institutions Act (22 U.S.C. 262p-4q), relating to opposition to 
assistance by international financial institutions to terrorist states. 
See Legislation on Foreign Relations Through 2000, vol. III.
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SEC. 328. ANTITERRORISM ASSISTANCE.

    (a) Foreign Assistance Act.--Section 573 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended-- * * * 
\14\
---------------------------------------------------------------------------
    \14\ See Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
    (b) Assistance to Foreign Countries To Procure Explosives 
Detection Devices and Other Counterterrorism Technology.--(1) 
Subject to section 575(b), up to $3,000,000 in any fiscal year 
may be made available--
          (A) to procure explosives detection devices and other 
        counterterrorism technology; and
          (B) for joint counterterrorism research and 
        development projects on such technology conducted with 
        NATO and major non-NATO allies under the auspices of 
        the Technical Support Working Group of the Department 
        of State.
    (2) As used in this subsection, the term ``major non-NATO 
allies'' means those countries designated as major non-NATO 
allies for purposes of section 2350a(i)(3) of title 10, United 
States Code.
    (c) Assistance to Foreign Countries.--Notwithstanding any 
other provision of law (except section 620A of the Foreign 
Assistance Act of 1961) up to $1,000,000 in assistance may be 
provided to a foreign country for counterterrorism efforts in 
any fiscal year if--
          (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government 
        or the life and property of any United States citizen, 
        or furthering the apprehension of any individual 
        involved in any act of terrorism against such property 
        or persons; and
          (2) the appropriate committees of Congress are 
        notified not later than 15 days prior to the provision 
        of such assistance.

SEC. 329.\15\ DEFINITION OF ASSISTANCE.

    For purposes of this title--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2349aa-10 note.
---------------------------------------------------------------------------
          (1) the term ``assistance'' means assistance to or 
        for the benefit of a government of any country that is 
        provided by grant, concessional sale, guaranty, 
        insurance, or by any other means on terms more 
        favorable than generally available in the applicable 
        market, whether in the form of a loan, lease, credit, 
        debt relief, or otherwise, including subsidies for 
        exports to such country and favorable tariff treatment 
        of articles that are the growth, product, or 
        manufacture of such country; and
          (2) the term ``assistance'' does not include 
        assistance of the type authorized under chapter 9 of 
        part 1 of the Foreign Assistance Act of 1961 (relating 
        to international disaster assistance).

SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR 
                    COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES 
                    ANTITERRORISM EFFORTS.

    Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et 
seq.) is amended by adding at the end the following: * * * \16\
---------------------------------------------------------------------------
    \16\ Sec. 330 added a new sec. 40A to the Arms Export Control Act 
(22 U.S.C. 2781), relating to transactions with countries not fully 
cooperating with United States antiterrorism efforts. See Legislation 
on Foreign Relations Through 2001, vol. I-A.
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      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

                Subtitle A--Removal of Alien Terrorists

SEC. 401. ALIEN TERRORIST REMOVAL.

    (a) In General.--The Immigration and Nationality Act is 
amended by adding at the end the following new title: * * * 
\17\
---------------------------------------------------------------------------
    \17\ Sec. 401(a) added a new title V to the Immigration and 
Nationality Act, relating to alien terrorist removal procedures. See 8 
U.S.C. 1531-1537. Subsec. (b) through (e) made related technical 
amendments.
---------------------------------------------------------------------------
    (b)-(e) * * *
    (f) Effective Date.--The amendments made by this section 
shall take effect on the date of enactment of this Act and 
shall apply to all aliens without regard to the date of entry 
or attempted entry into the United States.

   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                        Organizations * * * \18\
---------------------------------------------------------------------------

    \18\ Subtitle B made several amendments to the Immigration and 
Nationality Act relating to the exclusion of alien terrorists, denial 
of visas and other relief. See 8 U.S.C. 1182, 1251, 1253, 1254, 1255, 
and 1259.
---------------------------------------------------------------------------

        Subtitle C--Modification to Asylum Procedures * * * \19\
---------------------------------------------------------------------------

    \19\ Subtitle C made several amendments to the Immigration and 
Nationality Act relating to asylum procedures. See 8 U.S.C. 1105a, 
1158, and 1225.
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          * * * * * * *

    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

                     Subtitle A--Nuclear Materials

SEC. 501.\20\ FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \20\ 18 U.S.C. 831 note.
---------------------------------------------------------------------------
          (1) nuclear materials, including byproduct materials, 
        can be used to create radioactive dispersal devices 
        that are capable of causing serious bodily injury as 
        well as substantial damage to property and to the 
        environment;
          (2) the potential use of nuclear materials, including 
        byproduct materials, enhances the threat posed by 
        terrorist activities and thereby has a greater effect 
        on the security interests of the United States;
          (3) due to the widespread hazards presented by the 
        threat of nuclear contamination, as well as nuclear 
        bombs, the United States has a strong interest in 
        ensuring that persons who are engaged in the illegal 
        acquisition and use of nuclear materials, including 
        byproduct materials, are prosecuted for their offenses;
          (4) the threat that nuclear materials will be 
        obtained and used by terrorist and other criminal 
        organizations has increased substantially since the 
        enactment in 1982 of the legislation that implemented 
        the Convention on the Physical Protection of Nuclear 
        Material, codified at section 831 of title 18, United 
        States Code;
          (5) the successful efforts to obtain agreements from 
        other countries to dismantle nuclear weapons have 
        resulted in increased packaging and transportation of 
        nuclear materials, thereby decreasing the security of 
        such materials by increasing the opportunity for 
        unlawful diversion and theft;
          (6) the trafficking in the relatively more common, 
        commercially available, and usable nuclear and 
        byproduct materials creates the potential for 
        significant loss of life and environmental damage;
          (7) report trafficking incidents in the early 1990's 
        suggest that the individuals involved in trafficking in 
        these materials from Eurasia and Eastern Europe 
        frequently conducted their black market sales of these 
        materials within the Federal Republic of Germany, the 
        Baltic States, the former Soviet Union, Central Europe, 
        and to a lesser extent in the Middle European 
        countries;
          (8) the international community has become 
        increasingly concerned over the illegal possession of 
        nuclear and nuclear byproduct materials;
          (9) the potentially disastrous ramifications of 
        increased access to nuclear and nuclear byproduct 
        materials pose such a significant threat that the 
        United States must use all lawful methods available to 
        combat the illegal use of such materials;
          (10) the United States has an interest in encouraging 
        United States corporations to do business in the 
        countries that comprised the former Soviet Union, and 
        in other developing democracies;
          (11) protection of such United States corporations 
        from threats created by the unlawful use of nuclear 
        materials is important to the success of the effort to 
        encourage business ventures in these countries, and to 
        further the foreign relations and commerce of the 
        United States;
          (12) the nature of nuclear contamination is such that 
        it may affect the health, environment, and property of 
        United States nationals even if the acts that 
        constitute the illegal activity occur outside the 
        territory of the United States, and are primarily 
        directed toward foreign nationals; and
          (13) there is presently no Federal criminal statute 
        that provides adequate protection to United States 
        interests from nonweapons grade, yet hazardous 
        radioactive material, and from the illegal diversion of 
        nuclear materials that are held for other than peaceful 
        purposes.
    (b) Purpose.--The purpose of this title is to provide 
Federal law enforcement agencies with the necessary means and 
the maximum authority permissible under the Constitution to 
combat the threat of nuclear contamination and proliferation 
that may result from the illegal possession and use of 
radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR 
                    MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended-- * 
* * \21\
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    \21\ See Legislation on Foreign Relations Through 2001, vol. IV.
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SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM 
                    ARMORIES.

    (a) Study.--The Attorney General and the Secretary of 
Defense shall jointly conduct a study of the number and extent 
of thefts from military arsenals (including National Guard 
armories) of firearms, explosives, and other materials that are 
potentially useful to terrorists.
    (b) Report to the Congress.--Not later than 6 months after 
the date of enactment of this Act, the Attorney General and the 
Secretary of Defense shall jointly prepare and transmit to the 
Congress a report on the findings of the study conducted under 
subsection (a).

              Subtitle B--Biological Weapons Restrictions

SEC. 511.\22\ ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \22\ 42 U.S.C. 262 note.
---------------------------------------------------------------------------
          (1) certain biological agents have the potential to 
        pose a severe threat to public health and safety;
          (2) such biological agents can be used as weapons by 
        individuals or organizations for the purpose of 
        domestic or international terrorism or for other 
        criminal purposes;
          (3) the transfer and possession of potentially 
        hazardous biological agents should be regulated to 
        protect public health and safety; and
          (4) efforts to protect the public from exposure to 
        such agents should ensure that individuals and groups 
        with legitimate objectives continue to have access to 
        such agents for clinical and research purposes.
    (b) Criminal Enforcement.--Chapter 10 of title 18, United 
States Code, is amended-- * * * \23\
---------------------------------------------------------------------------
    \23\ Subsec. (b) amended 18 U.S.C. 175-178.
---------------------------------------------------------------------------
    (c) Terrorism.--Section 2332a(a) of title 18, United States 
Code, is amended * * *
    (d) Regulatory Control of Biological Agents.--
          (1) List of biological agents.--
                  (A) In general.--The Secretary shall, through 
                regulations promulgated under subsection (f), 
                establish and maintain a list of each 
                biological agent that has the potential to pose 
                a severe threat to public health and safety.
                  (B) Criteria.--In determining whether to 
                include an agent on the list under subparagraph 
                (A), the Secretary shall--
                          (i) consider--
                                  (I) the effect on human 
                                health of exposure to the 
                                agent;
                                  (II) the degree of 
                                contagiousness of the agent and 
                                the methods by which the agent 
                                is transferred to humans;
                                  (III) the availability and 
                                effectiveness of immunizations 
                                to prevent and treatments for 
                                any illness resulting from 
                                infection by the agent; and
                                  (IV) any other criteria that 
                                the Secretary considers 
                                appropriate; and
                          (ii) consult with scientific experts 
                        representing appropriate professional 
                        groups.
    (e) Regulation of Transfers of Listed Biological Agents.--
The Secretary shall, through regulations promulgated under 
subsection (f), provide for--
          (1) the establishment and enforcement of safety 
        procedures for the transfer of biological agents listed 
        pursuant to subsection (d)(1), including measures to 
        ensure--
                  (A) proper training and appropriate skills to 
                handle such agents; and
                  (B) proper laboratory facilities to contain 
                and dispose of such agents;
          (2) safeguards to prevent access to such agents for 
        use in domestic or international terrorism or for any 
        other criminal purpose;
          (3) the establishment of procedures to protect the 
        public safety in the event of a transfer or potential 
        transfer of a biological agent in violation of the 
        safety procedures established under paragraph (1) or 
        the safeguards established under paragraph (2); and
          (4) appropriate availability of biological agents for 
        research, education, and other legitimate purposes.
    (f) Regulations.--The Secretary shall carry out this 
section by issuing--
          (1) proposed rules not later than 60 days after the 
        date of enactment of this Act; and
          (2) final rules not later than 120 days after the 
        date of enactment of this Act.
    (g) Definitions.--For purposes of this section--
          (1) the term ``biological agent'' has the same 
        meaning as in section 178 of title 18, United States 
        Code; and
          (2) the term ``Secretary'' means the Secretary of 
        Health and Human Services.

               Subtitle C--Chemical Weapons Restrictions

SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR 
                    TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO 
                    USE OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND 
                    SUBURBAN AREAS.

    (a) Chemical Weapons of Mass Destruction.--Chapter 113B of 
title 18, United States Code, relating to terrorism, is amended 
by inserting after section 2332b as added by section 702 of 
this Act the following new section: * * * \24\
---------------------------------------------------------------------------
    \24\ Sec. 521(a) added a new sec. 2332c to 18 U.S.C., relating to 
the use of chemical weapons. See page 887. Subsec. (c) made a clerical 
amendment to 18 U.S.C.
---------------------------------------------------------------------------
    (b) \25\ Study of Facility for Training and Evaluation of 
Personnel Who Respond To Use of Chemical or Biological Weapons 
in Urban and Suburban Areas.--
---------------------------------------------------------------------------
    \25\ 50 U.S.C. 1522 note.
---------------------------------------------------------------------------
          (1) Findings.--The Congress finds that--
                  (A) the threat of the use of chemical and 
                biological weapons by Third World countries and 
                by terrorist organizations has increased in 
                recent years and is now a problem of worldwide 
                significance;
                  (B) the military and law enforcement agencies 
                in the United States that are responsible for 
                responding to the use of such weapons require 
                additional testing, training, and evaluation 
                facilities to ensure that the personnel of such 
                agencies discharge their responsibilities 
                effectively; and
                  (C) a facility that recreates urban and 
                suburban locations would provide an especially 
                effective environment in which to test, train, 
                and evaluate such personnel for that purpose.
          (2) Study of facility.--
                  (A) In general.--The President shall 
                establish an interagency task force to 
                determine the feasibility and advisability of 
                establishing a facility that recreates both an 
                urban environment and a suburban environment in 
                such a way as to permit the effective testing, 
                training, and evaluation in such environments 
                of government personnel who are responsible for 
                responding to the use of chemical and 
                biological weapons in the United States.
                  (B) Description of facility.--The facility 
                considered under subparagraph (A) shall 
                include--
                          (i) facilities common to urban 
                        environments (including a multistory 
                        building and an underground rail 
                        transit system) and to suburban 
                        environments;
                          (ii) the capacity to produce 
                        controllable releases of chemical and 
                        biological agents from a variety of 
                        urban and suburban structures, 
                        including laboratories, small 
                        buildings, and dwellings;
                          (iii) the capacity to produce 
                        controllable releases of chemical and 
                        biological agents into sewage, water, 
                        and air management systems common to 
                        urban areas and suburban areas;
                          (iv) chemical and biocontaminant 
                        facilities at the P3 and P4 levels;
                          (v) the capacity to test and evaluate 
                        the effectiveness of a variety of 
                        protective clothing and facilities and 
                        survival techniques in urban areas and 
                        suburban areas; and
                          (vi) the capacity to test and 
                        evaluate the effectiveness of variable 
                        sensor arrays (including video, audio, 
                        meteorological, chemical, and biosensor 
                        arrays) in urban areas and suburban 
                        areas.
                  (C) Sense of congress.--It is the sense of 
                Congress that the facility considered under 
                subparagraph (A) shall, if established--
                          (i) be under the jurisdiction of the 
                        Secretary of Defense; and
                          (ii) be located at a principal 
                        facility of the Department of Defense 
                        for the testing and evaluation of the 
                        use of chemical and biological weapons 
                        during any period of armed conflict.
    (c) * * *

       TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

SEC. 601.\26\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \26\ 18 U.S.C. 841 note. Secs. 602-605 of this title amended 18 
U.S.C. to implement the Convention on the Marking of Plastic Explosives 
for the Purpose of Detection, done at Montreal, March 1, 1991. See 18 
U.S.C. 841, 842, 844, 845. Sec. 606 amended sec. 596(c)(1) of the 
Tariff Act of 1930; see 19 U.S.C. 1595a(c)(1)).
---------------------------------------------------------------------------
          (1) plastic explosives were used by terrorists in the 
        bombings of Pan American Airlines flight number 103 in 
        December 1988 and UTA flight number 722 in September 
        1989;
          (2) plastic explosives can be used with little 
        likelihood of detection for acts of unlawful 
        interference with civil aviation, maritime navigation, 
        and other modes of transportation;
          (3) the criminal use of plastic explosives places 
        innocent lives in jeopardy, endangers national 
        security, affects domestic tranquility, and gravely 
        affects interstate and foreign commerce;
          (4) the marking of plastic explosives for the purpose 
        of detection would contribute significantly to the 
        prevention and punishment of such unlawful acts; and
          (5) for the purpose of deterring and detecting such 
        unlawful acts, the Convention on the Marking of Plastic 
        Explosives for the Purpose of Detection, Done at 
        Montreal on 1 March 1991, requires each contracting 
        State to adopt appropriate measures to ensure that 
        plastic explosives are duly marked and controlled.
    (b) Purpose.--The purpose of this title is to fully 
implement the Convention on the Marking of Plastic Explosives 
for the Purpose of Detection, Done at Montreal on 1 March 1991.
          * * * * * * *

SEC. 607.\27\ EFFECTIVE DATE.

    Except as otherwise provided in this title, this title and 
the amendments made by this title shall take effect 1 year 
after the date of enactment of this Act.
---------------------------------------------------------------------------
    \27\ 18 U.S.C. 841 note.
---------------------------------------------------------------------------

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

                    Subtitle A--Crimes and Penalties

          * * * * * * *

SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Chapter 113B of title 18, United States Code, 
relating to terrorism, is amended by inserting after section 
2332a the following new section: * * * \28\
---------------------------------------------------------------------------
    \28\ Sec. 702(a) added a new sec. 2332b to 18, U.S.C., relating to 
acts of terrorism transcending national boundaries. See page 884. 
Subsecs. (b) and (c) made technical amendments.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE 
                    DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL 
                    MATERIALS.

    (a) Study.--The Attorney General, in consultation with such 
other officials and individuals as the Attorney General 
considers appropriate, shall conduct a study concerning--
          (1) the extent to which there is available to the 
        public material in any medium (including print, 
        electronic, or film) that provides instruction on how 
        to make bombs, destructive devices, or weapons of mass 
        destruction;
          (2) the extent to which information gained from such 
        material has been used in incidents of domestic or 
        international terrorism;
          (3) the likelihood that such information may be used 
        in future incidents of terrorism;
          (4) the application of Federal laws in effect on the 
        date of enactment of this Act to such material;
          (5) the need and utility, if any, for additional laws 
        relating to such material; and
          (6) an assessment of the extent to which the first 
        amendment protects such material and its private and 
        commercial distribution.
    (b) Report.--
          (1) Requirement.--Not later than 180 days after the 
        date of enactment of this Act, the Attorney General 
        shall submit to the Congress a report that contains the 
        results of the study required by this section.
          (2) Availability.--The Attorney General shall make 
        the report submitted under this subsection available to 
        the public.
          * * * * * * *

               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

                   Subtitle A--Resources and Security

SEC. 801.\29\ OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

    The Attorney General and the Secretary of the Treasury are 
authorized to support law enforcement training activities in 
foreign countries, in consultation with the Secretary of State, 
for the purpose of improving the effectiveness of the United 
States in investigating and prosecuting transnational offenses.
---------------------------------------------------------------------------
    \29\ 28 U.S.C. 509 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 807.\30\ COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES 
                    CURRENCY.

    (a) In General.--The Secretary of the Treasury (hereafter 
in this section referred to as the ``Secretary''), in 
consultation with the advanced counterfeit deterrence steering 
committee, shall--
---------------------------------------------------------------------------
    \30\ 18 U.S.C. 470 note.
---------------------------------------------------------------------------
          (1) study the use and holding of United States 
        currency in foreign countries; and
          (2) develop useful estimates of the amount of 
        counterfeit United States currency that circulates 
        outside the United States each year.
    (b) Evaluation Audit Plan.--
          (1) In general.--The Secretary shall develop an 
        effective international evaluation audit plan that is 
        designed to enable the Secretary to carry out the 
        duties described in subsection (a) on a regular and 
        thorough basis.
          (2) Submission of detailed written summary.--The 
        Secretary shall submit a detailed written summary of 
        the evaluation audit plan developed pursuant to 
        paragraph (1) to the Congress before the end of the 6-
        month period beginning on the date of the enactment of 
        this Act.
          (3) First evaluation audit under plan.--The Secretary 
        shall begin the first evaluation audit pursuant to the 
        evaluation audit plan no later than the end of the 1-
        year period beginning on the date of the enactment of 
        this Act.
          (4) Subsequent evaluation audits.--At least 1 
        evaluation audit shall be performed pursuant to the 
        evaluation audit plan during each 3-year period 
        beginning after the date of the commencement of the 
        evaluation audit referred to in paragraph (3).
    (c) Reports.--
          (1) In general.--The Secretary shall submit a written 
        report to the Committee on Banking and Financial 
        Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate on the results of each evaluation audit 
        conducted pursuant to subsection (b) within 90 days 
        after the completion of the evaluation audit.
          (2) Contents.--In addition to such other information 
        as the Secretary may determine to be appropriate, each 
        report submitted to the Congress pursuant to paragraph 
        (1) shall include the following information:
                  (A) A detailed description of the evaluation 
                audit process and the methods used to develop 
                estimates of the amount of counterfeit United 
                States currency in circulation outside the 
                United States.
                  (B) The method used to determine the currency 
                sample examined in connection with the 
                evaluation audit and a statistical analysis of 
                the sample examined.
                  (C) A list of the regions of the world, types 
                of financial institutions, and other entities 
                included.
                  (D) An estimate of the total amount of United 
                States currency found in each region of the 
                world.
                  (E) The total amount of counterfeit United 
                States currency and the total quantity of each 
                counterfeit denomination found in each region 
                of the world.
          (3) Classification of information.--
                  (A) In general.--To the greatest extent 
                possible, each report submitted to the Congress 
                under this subsection shall be submitted in an 
                unclassified form.
                  (B) Classified and unclassified forms.--If, 
                in the interest of submitting a complete report 
                under this subsection, the Secretary determines 
                that it is necessary to include classified 
                information in the report, the report shall be 
                submitted in a classified and an unclassified 
                form.
    (d) Sunset Provision.--This section shall cease to be 
effective as of the end of the 10-year period beginning on the 
date of the enactment of this Act.
    (e) Rule of Construction.--No provision of this section 
shall be construed as authorizing any entity to conduct 
investigations of counterfeit United States currency.
    (f) Findings.--The Congress hereby finds the following:
          (1) United States currency is being counterfeited 
        outside the United States.
          (2) The One Hundred Third Congress enacted, with the 
        approval of the President on September 13, 1994, 
        section 470 of title 18, United States Code, making 
        such activity a crime under the laws of the United 
        States.
          (3) The expeditious posting of agents of the United 
        States Secret Service to overseas posts, which is 
        necessary for the effective enforcement of section 470 
        and related criminal provisions, has been delayed.
          (4) While section 470 of title 18, United States 
        Code, provides for a maximum term of imprisonment of 20 
        years as opposed to a maximum term of 15 years for 
        domestic counterfeiting, the United States Sentencing 
        Commission has failed to provide, in its sentencing 
        guidelines, for an appropriate enhancement of 
        punishment for defendants convicted of counterfeiting 
        United States currency outside the United States.
    (g) Timely Consideration of Requests for Concurrence in 
Creation of Overseas Posts.--
          (1) In general.--The Secretary of State shall--
                  (A) consider in a timely manner the request 
                by the Secretary of the Treasury for the 
                placement of such number of agents of the 
                United States Secret Service as the Secretary 
                of the Treasury considers appropriate in posts 
                in overseas embassies; and
                  (B) reach an agreement with the Secretary of 
                the Treasury on such posts as soon as possible 
                and, in any event, not later than December 31, 
                1996.
          (2) Cooperation of treasury required.--The Secretary 
        of the Treasury shall promptly provide any information 
        requested by the Secretary of State in connection with 
        such requests.
          (3) Reports required.--The Secretary of the Treasury 
        and the Secretary of State shall each submit, by 
        February 1, 1997, a written report to the Committee on 
        Banking and Financial Services of the House of 
        Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate explaining the reasons 
        for the rejection, if any, of any proposed post and the 
        reasons for the failure, if any, to fill any approved 
        post by such date.
    (h) Enhanced Penalties for International Counterfeiting of 
United States Currency.--Pursuant to the authority of the 
United States Sentencing Commission under section 994 of title 
28, United States Code, the Commission shall amend the 
sentencing guidelines prescribed by the Commission to provide 
an appropriate enhancement of the punishment for a defendant 
convicted under section 470 of title 18 of such Code.
          * * * * * * *

         Subtitle B--Funding Authorizations for Law Enforcement

          * * * * * * *

SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
                    DETECTION DEVICES AND OTHER COUNTERTERRORISM 
                    TECHNOLOGY.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for each of the fiscal years 1997 and 1998 to 
provide assistance to foreign countries facing an imminent 
danger of terrorist attack that threatens the national interest 
of the United States, or puts United States nationals at risk, 
in--
          (1) obtaining explosive detection devices and other 
        counterterrorism technology;
          (2) conducting research and development projects on 
        such technology; and
          (3) testing and evaluating counterterrorism 
        technologies in those countries.

SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM 
                    TECHNOLOGIES.

    There are authorized to be appropriated to the National 
Institute of Justice Office of Science and Technology not more 
than $10,000,000 for fiscal year 1997, to--
          (1) develop technologies that can be used to combat 
        terrorism, including technologies in the areas of--
                  (A) detection of weapons, explosives, 
                chemicals, and persons;
                  (B) tracking;
                  (C) surveillance;
                  (D) vulnerability assessment; and
                  (E) information technologies;
          (2) develop standards to ensure the adequacy of 
        products produced and compatibility with relevant 
        national systems; and
          (3) identify and assess requirements for technologies 
        to assist State and local law enforcement in the 
        national program to combat terrorism.
          * * * * * * *

SEC. 823. FUNDING SOURCE.

    Appropriations for activities authorized in this subtitle 
may be made from the Violent Crime Reduction Trust Fund.

                        TITLE IX--MISCELLANEOUS

SEC. 901. EXPANSION OF TERRITORIAL SEA.

    (a) \31\ Territorial Sea Extending to Twelve Miles Included 
in Special Maritime and Territorial Jurisdiction.--The Congress 
declares that all the territorial sea of the United States, as 
defined by Presidential Proclamation 5928 of December 27, 1988, 
for purposes of Federal criminal jurisdiction is part of the 
United States, subject to its sovereignty, and is within the 
special maritime and territorial jurisdiction of the United 
States for the purposes of title 18, United States Code.
---------------------------------------------------------------------------
    \31\ 18 U.S.C. 7 note. For Presidential Proclamation 5928, see 
Legislation on Foreign Relations Through 2001, vol. IV.
---------------------------------------------------------------------------
    (b) Assimilated Crimes in Extended Territorial Sea.--
Section 13 of title 18, United States Code, is amended--
          (1) in subsection (a), by inserting after ``title,'' 
        the following: ``or on, above, or below any portion of 
        the territorial sea of the United States not within the 
        jurisdiction of any State, Commonwealth, territory, 
        possession, or district''; and
          (2) by adding at the end the following new 
        subsection:
    ``(c) Whenever any waters of the territorial sea of the 
United States lie outside the territory of any State, 
Commonwealth, territory, possession, or district, such waters 
(including the airspace above and the seabed and subsoil below, 
and artificial islands and fixed structures erected thereon) 
shall be deemed, for purposes of subsection (a), to lie within 
the area of the State, Commonwealth, territory, possession, or 
district that it would lie within if the boundaries of such 
State, Commonwealth, territory, possession, or district were 
extended seaward to the outer limit of the territorial sea of 
the United States.''.

SEC. 902.\32\ PROOF OF CITIZENSHIP.

    Notwithstanding any other provision of law, a Federal, 
State, or local government agency may not use a voter 
registration card (or other related document) that evidences 
registration for an election for Federal office, as evidence to 
prove United States citizenship.
---------------------------------------------------------------------------
    \32\ 42 U.S.C. 1973gg note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 904. SEVERABILITY.

    If any provision of this Act, an amendment made by this 
Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the 
remainder of this Act, the amendments made by this Act, and the 
application of the provisions of such to any person or 
circumstance shall not be affected thereby.
         i. Intelligence Authorization Act for Fiscal Year 1996

Partial text of Public Law 104-93 [H.R. 1655], 109 Stat. 961, approved 
                            January 6, 1996

      AN ACT To authorize appropriations for fiscal year 1996 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Intelligence Authorization Act for Fiscal Year 1996''.
    (b) Table of Contents.-- * * *
          * * * * * * *

                     TITLE III--GENERAL PROVISIONS

          * * * * * * *

SEC. 310. ASSISTANCE TO FOREIGN COUNTRIES.

    Notwithstanding any other provision of law, funds 
authorized to be appropriated by this Act may be used to 
provide assistance to a foreign country for counterterrorism 
efforts if--
          (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government 
        or the life and property of any United States citizen, 
        or furthering the apprehension of any individual 
        involved in any act of terrorism against such property 
        or persons; and
          (2) the Committee on Intelligence of the Senate and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives are notified not later than 15 
        days prior to the provision of such assistance.
          * * * * * * *
                j. Torture Victim Protection Act of 1991

 Public Law 102-256 [H.R. 2092], 106 Stat. 73, approved March 12, 1992

 AN ACT To carry out obligations of the United States under the United 
 Nations Charter and other international agreements pertaining to the 
protection of human rights by establishing a civil action for recovery 
 of damages from an individual who engages in torture or extrajudicial 
                                killing.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Torture Victim Protection 
Act of 1991''.
---------------------------------------------------------------------------
    \1\ 28 U.S.C. 1350 note.
---------------------------------------------------------------------------

SEC. 2.\1\ ESTABLISHMENT OF CIVIL ACTION.

    (a) Liability.--An individual who, under actual or apparent 
authority, or color of law, of any foreign nation--
          (1) subjects an individual to torture shall, in a 
        civil action, be liable for damages to that individual; 
        or
          (2) subjects an individual to extrajudicial killing 
        shall, in a civil action, be liable for damages to the 
        individual's legal representative, or to any person who 
        may be a claimant in an action for wrongful death.
    (b) Exhaustion of Remedies.--A court shall decline to hear 
a claim under this section if the claimant has not exhausted 
adequate and available remedies in the place in which the 
conduct giving rise to the claim occurred.
    (c) Statute of Limitations.--No action shall be maintained 
under this section unless it is commenced within 10 years after 
the cause of action arose.

SEC. 3.\1\ DEFINITIONS.

    (a) Extrajudicial Killing.--For the purposes of this Act, 
the term ``extrajudicial killing'' means a deliberated killing 
not authorized by a previous judgment pronounced by a regularly 
constituted court affording all the judicial guarantees which 
are recognized as indispensable by civilized peoples. Such 
term, however, does not include any such killing that, under 
international law, is lawfully carried out under the authority 
of a foreign nation.
    (b) Torture.--For the purposes of this Act--
          (1) the term ``torture'' means any act, directed 
        against an individual in the offender's custody or 
        physical control, by which severe pain or suffering 
        (other than pain or suffering arising only from or 
        inherent in, or incidental to, lawful sanctions), 
        whether physical or mental, is intentionally inflicted 
        on that individual for such purposes as obtaining from 
        that individual or a third person information or a 
        confession, punishing that individual for an act that 
        individual or a third person has committed or is 
        suspected of having committed, intimidating or coercing 
        that individual or a third person, or for any reason 
        based on discrimination of any kind; and
          (2) mental pain or suffering refers to prolonged 
        mental harm caused by or resulting from--
                  (A) the intentional infliction or threatened 
                infliction of severe physical pain or 
                suffering;
                  (B) the administration or application, or 
                threatened administration or application, of 
                mind altering substances or other procedures 
                calculated to disrupt profoundly the senses or 
                the personality;
                  (C) the threat of imminent death; or
                  (D) the threat that another individual will 
                imminently be subjected to death, severe 
                physical pain or suffering, or the 
                administration or application of mind altering 
                substances or other procedures calculated to 
                disrupt profoundly the senses or personality.
            k. Biological Weapons Anti-Terrorism Act of 1989

 Partial text of 18 U.S.C. as added by Public Law 101-298 [S. 993] 104 
    Stat. 201, approved May 22, 1990; amended by Public Law 104-132 
 [Antiterrorism and Effective Death Penalty Act of 1996; S. 735], 110 
    Stat. 1214, approved April 24, 1996; and by Public Law 104-201 
 [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 
              110 Stat. 2422, approved September 23, 1996

                   CHAPTER 10--BIOLOGICAL WEAPONS \1\

Sec.
175. Prohibitions with respect to biological weapons.
175a. Requests for military assistance to enforce prohibition in certain 
          emergencies.
176. Seizure, forfeiture, and destruction.
177. Injunctions.
178. Definitions.

Sec. 175. Prohibitions with respect to biological weapons
    (a) In General.--Whoever knowingly develops, produces, 
stockpiles, transfers, acquires, retains, or possesses any 
biological agent, toxin, or delivery system for use as a 
weapon, or knowingly assists a foreign state or any 
organization to do so, or attempts, threatens, or conspires to 
do the same,\2\ shall be fined under this title or imprisoned 
for life or any term of years, or both. There is 
extraterritorial Federal jurisdiction over an offense under 
this section committed by or against a national of the United 
States.
---------------------------------------------------------------------------
    \1\ The Biological Weapons Anti-Terrorism Act of 1989 enacted a new 
chapter 10 to 18 U.S.C. relating to biological weapons to implement the 
Biological Weapons Convention. The freestanding sections of the Act 
provided as follows:
    ``AN ACT To implement the Convention on the Prohibition of the 
Development, Production, and Stockpiling of Bacteriological 
(Biological) and Toxin Weapons and Their Destruction, by prohibiting 
certain conduct relating to biological weapons, 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. [18 U.S.C. 175 note] SHORT TITLE.
    ``This Act may be cited as the `Biological Weapons Anti-Terrorism 
Act of 1989'.
    ``SEC. 2. [18 U.S.C. 175 note] PURPOSE AND INTENT.
    ``(a) Purpose.--The purpose of this Act is to--
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          ``(1) implement the Biological Weapons Convention, an 
        international agreement unanimously ratified by the United 
        States Senate in 1974 and signed by more than 100 other 
        nations, including the Soviet Union; and
          ``(2) protect the United States against the threat of 
        biological terrorism.
---------------------------------------------------------------------------
    ``(b) Intent of Act.--Nothing in this Act is intended to restrain 
or restrict peaceful scientific research or development.''.
    \2\ Sec. 511(b)(1) of Public Law 104-132 (110 Stat. 1284) inserted 
``or attempts, threatens, or conspires to do the same,'' after ``to do 
so,''.
---------------------------------------------------------------------------
    (b) Definition.--For purposes of this section, the term 
`for use as a weapon' does not include the development, 
production, transfer, acquisition, retention, or possession of 
any biological agent, toxin, or delivery system for 
prophylactic, protective, or other peaceful purposes.

Sec. 175a.\3\ Requests for military assistance to enforce prohibition 
                    in certain emergencies

    The Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in support 
of Department of Justice activities relating to the enforcement 
of section 175 of this title in an emergency situation 
involving a biological weapon of mass destruction. The 
authority to make such a request may be exercised by another 
official of the Department of Justice in accordance with 
section 382(f)(2) of title 10.''.
---------------------------------------------------------------------------
    \3\ Sec. 1416(c)(1)A) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2723) enacted a new 
sec. 175a.
---------------------------------------------------------------------------

Sec. 176. Seizure, forfeiture, and destruction

    (a) In General.--(1) Except as provided in paragraph (2), 
the Attorney General may request the issuance, in the same 
manner as provided for a search warrant, of a warrant 
authorizing the seizure of any biological agent, toxin, or 
delivery system that--
          (A) exists by reason of conduct prohibited under 
        section 175 of this title; or
          (B) is of a type or in a quantity that under the 
        circumstances has no apparent justification for 
        prophylactic, protective, or other peaceful purposes.
    (2) In exigent circumstances, seizure and destruction of 
any biological agent, toxin, or delivery system described in 
subparagraphs (A) and (B) of paragraph (1) may be made upon 
probable cause without the necessity for a warrant.
    (b) Procedure.--Property seized pursuant to subsection (a) 
shall be forfeited to the United States after notice to 
potential claimants and an opportunity for a hearing. At such 
hearing, the Government \4\ shall bear the burden of persuasion 
by a preponderance of the evidence. Except as inconsistent 
herewith, the same procedures and provisions of law relating to 
a forfeiture under the customs laws shall extend to a seizure 
or forfeiture under this section. The Attorney General may 
provide for the destruction or other appropriate disposition of 
any biological agent, toxin, or delivery system seized and 
forfeited pursuant to this section.
---------------------------------------------------------------------------
    \4\ Sec. 330010(16) of Public Law 103-322 (108 Stat. 2144) amended 
18 U.S.C. 176 by striking out ``the government'' and inserting in lieu 
thereof ``the Government''.
---------------------------------------------------------------------------
    (c) Affirmative Defense.--It is an affirmative defense 
against a forfeiture under subsection (a)(1)(B) of this section 
that--
          (1) such biological agent, toxin, or delivery system 
        is for a prophylactic, protective, or other peaceful 
        purpose; and
          (2) such biological agent, toxin, or delivery system, 
        is of a type and quantity reasonable for that purpose.

Sec. 177. Injunctions

    (a) In General.--The United States may obtain in a civil 
action an injunction against--
          (1) the conduct prohibited under section 175 of this 
        title;
          (2) the preparation, solicitation, attempt, 
        threat,\5\ or conspiracy to engage in conduct 
        prohibited under section 175 of this title; or
---------------------------------------------------------------------------
    \5\ Sec. 511(b)(2) of 104-132 (110 Stat. 1284) inserted ``threat,'' 
after ``attempt,''.
---------------------------------------------------------------------------
          (3) the development, production, stockpiling, 
        transferring, acquisition, retention, or possession, or 
        the attempted development, production, stockpiling, 
        transferring, acquisition, retention, or possession of 
        any biological agent, toxin, or delivery system of a 
        type or in a quantity that under the circumstances has 
        no apparent justification for prophylactic, protective, 
        or other peaceful purposes.
    (b) Affirmative Defense.--It is an affirmative defense 
against an injunction under subsection (a)(3) of this section 
that--
          (1) the conduct sought to be enjoined is for a 
        prophylactic, protective, or other peaceful purpose; 
        and
          (2) such biological agent, toxin, or delivery system 
        is of a type and quantity reasonable for that purpose.

Sec. 178. Definitions

    As used in this chapter--
          (1) the term ``biological agent'' means any micro-
        organism, virus, infectious substance, or biological 
        product that may be engineered as a result of 
        biotechnology, or any naturally occurring or 
        bioengineered component of any such microorganism, 
        virus, infectious substance, or biological product,\6\ 
        capable of causing--
---------------------------------------------------------------------------
    \6\ Sec. 511(b)(3)(A) of Public Law 104-132 (110 Stat. 1284) struck 
out ``or infectious substance'' and inserted in lieu thereof 
``infectious substance, or biological product that may be engineered as 
a result of biotechnology, or any naturally occurring or bioengineered 
component of any such microorganism, virus, infectious substance, or 
biological product''.
---------------------------------------------------------------------------
                  (A) death, disease, or other biological 
                malfunction in a human, an animal, a plant, or 
                another living organism;
                  (B) deterioration of food, water, equipment, 
                supplies, or material of any kind; or
                  (C) deleterious alteration of the 
                environment;
          (2) the term ``toxin'' means the toxic material of 
        plants, animals, microorganisms, viruses, fungi, or 
        infectious substances, or a recombinant molecule,\7\ 
        whatever its origin or method of production, 
        including--\8\
---------------------------------------------------------------------------
    \7\ Sec. 511(b)(3)(B)(i) of Public Law 104-132 (110 Stat. 1284) 
inserted ``the toxic material of plants, animals, microorganisms, 
viruses, fungi, or infectious substances, or a recombinant molecule'' 
after ``means''.
    \8\ Sec. 511(b)(3)(B)(ii) of Public Law 104-132 (110 Stat. 1284) 
struck out ``production--'' and inserted ``production, including--''.
---------------------------------------------------------------------------
                  (A) any poisonous substance or biological 
                product that may be engineered as a result of 
                biotechnology \9\ produced by a living 
                organism; or
---------------------------------------------------------------------------
    \9\ Sec. 511(b)(3)(B)(iii) of Public Law 104-132 (110 Stat. 1284) 
inserted ``or biological product that may be engineered as a result of 
biotechnology'' after ``substance''.
---------------------------------------------------------------------------
                  (B) any poisonous isomer or biological 
                product,\10\ homolog, or derivative of such a 
                substance;
---------------------------------------------------------------------------
    \10\ Sec. 511(b)(3)(B)(iv) of Public Law 104-132 (110 Stat. 1284) 
inserted ``or biological product'' after ``isomer''.
---------------------------------------------------------------------------
          (3) the term `delivery system' means--
                  (A) any apparatus, equipment, device, or 
                means of delivery specifically designed to 
                deliver or disseminate a biological agent, 
                toxin, or vector; or
                  (B) any vector; \11\
---------------------------------------------------------------------------
    \11\ Sec. 721(h) of Public Law 104-132 (110 Stat. 1299) struck out 
``and'' at the end of subpara. (B); replaced the period at the end of 
para. (4) with ``; and''; and added a new para. (5).
---------------------------------------------------------------------------
          (4) the term ``vector'' means a living organism, or 
        molecule, including a recombinant molecule, or 
        biological product that may be engineered as a result 
        of biotechnology,\12\ capable of carrying a biological 
        agent or toxin to a host; and \11\
---------------------------------------------------------------------------
    \12\ Sec. 511(b)(3)(C) of Public Law 104-132 (110 Stat. 1284) 
inserted ``or molecule, including a recombinant molecule, or biological 
product that may be engineered as a result of biotechnology,'' after 
``organism''.
---------------------------------------------------------------------------
          (5) \11\ the term ``national of the United States'' 
        has the meaning prescribed in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
          * * * * * * *
        l. Anti-Terrorism and Arms Export Amendments Act of 1989

  Public Law 101-222 [H.R. 91], 103 Stat. 1892, approved December 12, 
                                  1989

     AN ACT To prohibit exports of military equipment to countries 
      supporting international terrorism, and for other purposes.


          Note.--The Anti-Terrorism and Arms Export Amendments 
        Act of 1989 consists of amendments to the Arms Export 
        Control Act, the Foreign Assistance Act of 1961, the 
        Export Administration Act, and the Revised Statutes of 
        the United States (22 U.S.C. 1732), except for sec. 10 
        which provides as follows.



SEC. 10.\1\ SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW.

    The use by any government of armed force in the exercise of 
individual or collective self-defense in accordance with 
applicable international agreements and customary international 
law shall not be considered an act of international terrorism 
for purposes of the amendments made by this Act.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2371 note.
                     m. Anti-Terrorism Act of 1987

  Partial text of Public Law 100-204 [Foreign Relations Authorization 
 Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1406, approved 
                           December 22, 1987

 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
  the Department of State, the U.S. Information Agency, the Voice of 
   America, the Board for International Broadcasting, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                  TITLE X--ANTI-TERRORISM ACT OF 1987

SEC. 1001. SHORT TITLE.

  This title may be cited as the ``Anti-Terrorism Act of 
1987''.

SEC. 1002.\1\ FINDINGS; DETERMINATIONS.

  (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5201.
---------------------------------------------------------------------------
          (1) Middle East terrorism accounted for 60 percent of 
        total international terrorism in 1985;
          (2) the Palestine Liberation Organization (hereafter 
        in this title referred to as the ``PLO'') was directly 
        responsible for the murder of an American citizen on 
        the Achille Lauro cruise liner in 1985, and a member of 
        the PLO's Executive Committee is under indictment in 
        the United States for the murder of that American 
        citizen;
          (3) the head of the PLO has been implicated in the 
        murder of a United States Ambassador overseas;
          (4) the PLO and its constituent groups have taken 
        credit for, and been implicated in, the murders of 
        dozens of American citizens abroad;
          (5) the PLO covenant specifically states that ``armed 
        struggle is the only way to liberate Palestine, thus it 
        is an overall strategy, not merely a tactical phase'';
          (6) the PLO rededicated itself to the ``continuing 
        struggle in all its armed forms'' at the Palestine 
        National Council meeting in April 1987; and
          (7) the Attorney General has stated that ``various 
        elements of the Palestine Liberation Organization and 
        its allies and affiliates are in the thick of 
        international terror''.
  (b) Determinations.--Therefore, the Congress determines that 
the PLO and its affiliates are a terrorist organization and a 
threat to the interests of the United States, its allies, and 
to international law and should not benefit from operating in 
the United States.

SEC. 1003.\2\, \3\ PROHIBITIONS REGARDING THE PLO.
  It shall be unlawful, if the purpose be to further the 
interests of the Palestine Liberation Organization or any of 
its constituent groups, any successor to any of those, or any 
agents thereof, on or after the effective date of this title--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5202.
    \165\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law, including sec. 307 of this Act, 
as they applied to the P.L.O. or entities associated with it if certain 
conditions were met and the President so certified and consulted with 
relevant congressional committees. This authority was continued in this 
Act, and in the Middle East Peace Facilitation Act of 1995, (title VI 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1996; Public Law 104-107).
    The President issued certifications, as provided for in the 1993, 
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January 
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by 
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607); 
until July 1, 1995, by Presidential Determination No. 95-12 of December 
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential 
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October 
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60 
F.R. 44725); until November 1, 1995, by Presidential Determination No. 
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995, 
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R. 
57821); until March 31, 1996, by Presidential Determination No. 96-8 of 
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential 
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61 
F.R. 32629); until February 12, 1997, by Presidential Determination No. 
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
    Authority to waive certain provisions is continued in general 
provisions of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 
24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429; 
114 Stat. 1900); see secs. 538(d), 551, 554, and 562. See also sec. 574 
of that Act, which prohibits assistance to the Palestinian Broadcasting 
Corporation.
    On December 5, 1997, the President waived the provisions of section 
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through 
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255); 
further waived through November 26, 1998 (Presidential Determination 
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999 
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R. 
68145); through October 21, 1999 (Presidential Determination No. 99-25; 
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential 
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October 
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65 
F.R. 24852); and through October 17, 2001 (Presidential Determination 
No. 01-13; April 17, 2001; 66 F.R. 20585).
---------------------------------------------------------------------------
          (1) to receive anything of value except informational 
        material from the PLO or any of its constituent groups, 
        any successor thereto, or any agents thereof;
          (2) to expend funds from the PLO or any of its 
        constituent groups, any successor thereto, or any 
        agents thereof; or
          (3) notwithstanding any provision of law to the 
        contrary, to establish or maintain an office, 
        headquarters, premises, or other facilities or 
        establishments within the jurisdiction of the United 
        States at the behest or direction of, or with funds 
        provided by the Palestine Liberation Organization or 
        any of its constituent groups, any successor to any of 
        those, or any agents thereof.

SEC. 1004.\4\ ENFORCEMENT.

  (a) Attorney General.--The Attorney General shall take the 
necessary steps and institute the necessary legal action to 
effectuate the policies and provisions of this title.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5203.
---------------------------------------------------------------------------
  (b) Relief.--Any district court of the United States for a 
district in which a violation of this title occurs shall have 
authority, upon petition of relief by the Attorney General, to 
grant injunctive and such other equitable relief as it shall 
deem necessary to enforce the provisions of this title.

SEC. 1005. EFFECTIVE DATE.

  (a) Effective Date.--Provisions of this title shall take 
effect 90 days after the date of enactment of this Act.
  (b) Termination.--The provisions of this title shall cease to 
have effect if the President certifies in writing to the 
President pro tempore of the Senate and the Speaker of the 
House that the Palestine Liberation Organization, its agents, 
or constituent groups thereof no longer practice or support 
terrorist actions anywhere in the world.
          * * * * * * *
      n. Achille Lauro Hijackers and Other Terrorists: Demand for 
               Apprehension, Prosecution, and Punishment

   Partial text of Public Law 99-177 [Balanced Budget and Emergency 
 Deficit Control Act of 1985, H.J. Res. 372], 99 Stat. 1037, approved 
                           December 12, 1985

          * * * * * * *

SEC. 3. ACHILLE LAURO HIJACKING.

    (a) The Senate finds that--
          (1) the four men identified as the hijackers of the 
        Achille Lauro were responsible for brutally murdering 
        an innocent American citizen, Leon Klinghoffer, and for 
        terrorizing hundreds of innocent crew members and 
        passengers for two days;
          (2) the United States urges all countries to aid in 
        the swift apprehension, prosecution, and punishment of 
        the terrorists; and
          (3) the United States should not tolerate any country 
        providing safe harbor or safe passage to the 
        terrorists.
    (b) It is the sense of the Senate that--
          (1) the United States demands that no country provide 
        safe harbor or safe passage to these terrorists;
          (2) the United States expects full cooperation of all 
        countries in the apprehension, prosecution, and 
        punishment of these terrorists;
          (3) the United States cannot condone the release of 
        terrorists or the making of concessions to terrorists; 
        and
          (4) the United States identify those individuals 
        responsible for the seizure of the Achille Lauro and 
        the cold-blooded murder of Leon Klinghoffer, as well as 
        those countries and groups that aid and abet such 
        terrorist activities, and take the strongest measures 
        to ensure that those responsible for this brutal act 
        against an American citizen are brought to justice.
          * * * * * * *
             o. 1984 Act to Combat International Terrorism

  Public Law 98-533 [H.R. 6311], 98 Stat. 2706, approved October 19, 
   1984; as amended by Public Law 99-646 [Criminal Law and Procedure 
 Technical Amendments Act of 1986, S. 1236], 100 Stat. 3592, approved 
  November 10, 1966; Public Law 100-690 [Anti-Drug Abuse Act of 1988, 
H.R. 5210], 102 Stat. 4181, approved November 18, 1988; Public Law 101-
  647 [Crime Control Act of 1990; S. 3266], 104 Stat. 4789, approved 
 November 29, 1990; Public Law 103-322 [Violent Crime Control and Law 
Enforcement Act of 1994; H.R. 3355], 108 Stat. 1796, approved September 
13, 1994; Public Law 103-359 [Intelligence Authorization Act for Fiscal 
   Year 1995; H.R. 4299], 108 Stat. 3423, approved October 14, 1994; 
  Public Law 104-294 [Economic Espionage Act of 1996; H.R. 3723], 110 
                 Stat. 3488, approved October 11, 1996

               AN ACT To combat international terrorism.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``1984 Act to 
Combat International Terrorism''.

 TITLE I--REWARDS FOR INFORMATION ON INTERNATIONAL TERRORISM AUTHORITY 
                        OF THE ATTORNEY GENERAL

    Sec. 101. (a) Title 18 of the United States Code is amended 
by adding the following new chapter after chapter 203:

    ``CHAPTER 204--REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS

``Sec.
``3071. Information for which rewards authorized.
``3072. Determination of entitlement; maximum amount; Presidential 
          approval; conclusiveness.
``3073. Protection of identity.
``3074. Exception of governmental officials.
``3075. Authorization for appropriations.
``3076. Eligibility for witness security program.
``3077. Definitions.

``Sec. 3071. Information for which rewards authorized

    ``(a) \1\ With respect to acts of terrorism primarily 
within the territorial jurisdiction of the United States, the 
Attorney General may reward any individual who furnishes 
information--
---------------------------------------------------------------------------
    \1\ Sec. 803(a)(1) of Public Law 103-359 (108 Stat. 3438) inserted 
subsec. designation (a).
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          ``(1) leading to the arrest or conviction, in any 
        country, of any individual or individuals for the 
        commission of an act of terrorism against a United 
        States person or United States property; or
          ``(2) leading to the arrest or conviction, in any 
        country, of any individual or individuals for 
        conspiring or attempting to commit an act of terrorism 
        against a United States person or property; or
          ``(3) leading to the prevention, frustration, or 
        favorable resolution of an act of terrorism against a 
        United States person or property.
    ``(b) \2\ With respect to acts of espionage involving or 
directed at the United States, the Attorney General may reward 
any individual who furnished information--
---------------------------------------------------------------------------
    \2\ Sec. 803(a)(2) of Public Law 103-359 (108 Stat. 3438) added 
subsec. (b).
---------------------------------------------------------------------------
          ``(1) leading to the arrest or conviction, in any 
        country, of any individual or individuals for 
        commission of an act of espionage against the United 
        States;
          ``(2) leading to arrest or conviction, in any 
        country, of any individual or individuals for 
        conspiring or attempting to commit an act of espionage 
        against the United States; or
          ``(3) leading to the prevention or frustration of an 
        act of espionage against the United States.

``Sec. 3072. Determination of entitlement; maximum amount; Presidential 
                    approval; conclusiveness

    ``The Attorney General shall determine whether an 
individual furnishing information described in section 3071 is 
entitled to a reward and the amount to be paid. A reward under 
this section may be in an amount not to exceed $500,000. A 
reward of $100,000 or more may not be made without the approval 
of the President or the Attorney General personally. A 
determination made by the Attorney General or the President 
under this chapter shall be final and conclusive, and no court 
shall have power or jurisdiction to review it.

``Sec. 3073. Protection of identity

    ``Any reward granted under this chapter shall be certified 
for payment by the Attorney General. If it is determined that 
the identity of the recipient of a reward or of the members of 
the recipient's immediate family must be protected, the 
Attorney General may take such measures in connection with the 
payment of the reward as deemed necessary to effect such 
protection.

``Sec. 3074. Exception of governmental officials

    ``No officer or employee of any governmental entity who, 
while in the performance of his or her official duties, 
furnishes the information described in section 3071 shall be 
eligible for any monetary reward under this chapter.

``Sec. 3075. Authorization for appropriations

    ``There are authorized to be appropriated, without fiscal 
year limitation, $5,000,000 for the purpose of this chapter.

``Sec. 3076. Eligibility for witness security program

    ``Any individual (and the immediate family of such 
individual) who furnishes information which would justify a 
reward by the Attorney General under this chapter or by the 
Secretary of State under section 36 of the State Department 
Basic Authorities Act of 1956 may, in the discretion of the 
Attorney General, participate in the Attorney General's witness 
security program authorized under chapter 224 of this title.\3\
---------------------------------------------------------------------------
    \3\ Sec. 46 of Public Law 99-646 (100 Stat. 3601) struck out 
``title V of the Organized Crime Control Act of 1970'' at this point 
and inserted in lieu thereof ``chapter 224 of this title''.
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``Sec. 3077. Definitions

    ``As used in this chapter, the term--
          ``(1) `act of terrorism' means an activity that--
                  ``(A) involves a violent act or an act 
                dangerous to human life that is a violation of 
                the criminal laws of the United States or of 
                any State, or that would be a criminal 
                violation if committed within the jurisdiction 
                of the United States; and
                  ``(B) appears to be intended--
                          ``(i) to intimidate or coerce a 
                        civilian population;
                          ``(ii) to influence the policy of a 
                        government by intimidation or coercion; 
                        or
                          ``(iii) to affect the conduct of a 
                        government by assassination or 
                        kidnapping; \4\
---------------------------------------------------------------------------
    \4\ Sec. 3572 of Public Law 101-647 (104 Stat. 4929) struck out a 
period at the end each of paras.(1), (2), (3), and (5), inserted in 
lieu thereof a semicolon; and struck out a period at the end of (6) and 
inserted in lieu thereof ``; and''.
    Sec. 330021(1) of Public Law 103-322 (108 Stat. 2150) corrected the 
spelling of ``kidnapping''.
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          ``(2) `United States person' means--
                  ``(A) a national of the United States as 
                defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22));
                  ``(B) an alien lawfully admitted for 
                permanent residence in the United States as 
                defined in section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(20));
                  ``(C) any person within the United States;
                  ``(D) any employee or contractor of the 
                United States Government, regardless of 
                nationality, who is the victim or intended 
                victim of an act of terrorism by virtue of that 
                employment;
                  ``(E) a sole proprietorship, partnership, 
                company, or association composed principally of 
                nationals or permanent resident aliens of the 
                United States; and
                  ``(F) a corporation organized under the laws 
                of the United States, any State, the District 
                of Columbia, or any territory or possession of 
                the United States, and a foreign subsidiary of 
                such corporation; \4\
          ``(3) `United States property' means any real or 
        personal property which is within the United States or, 
        if outside the United States, the actual or beneficial 
        ownership of which rests in a United States person or 
        any Federal or State governmental entity of the United 
        States; \4\
          ``(4) \5\ `United States',\6\ when used in a 
        geographical sense, includes Puerto Rico and all 
        territories and possessions of the United States;
---------------------------------------------------------------------------
    \5\ Sec. 7051 of Public Law 100-690 (102 Stat. 4401) restated sec. 
3077(4). This text was formerly designated as ``(A)''. Para. (B) was 
struck out; it read as follows:
    ``(B) when used in the context of section 3073 shall have the 
meaning given to it in the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).''.
    \6\ Sec. 3572 of Public Law 101-647 (104 Stat. 4929) reversed the 
comma and quotation mark.
---------------------------------------------------------------------------
          ``(5) `State' includes any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any other possession or territory of 
        the United States; \4\
          ``(6) `government entity' includes the Government of 
        the United States, any State or political subdivision 
        thereof, any foreign country, and any state, 
        provincial, municipal, or other political subdivision 
        of a foreign country; \7\
---------------------------------------------------------------------------
    \7\ Sec. 803(b) of Public Law 103-359 (108 Stat. 3429) struck out 
``and'' at the end of para. (6); replaced the period at the end of 
para. (7) with ``; and''; and added a new para. (8).
---------------------------------------------------------------------------
          ``(7) `Attorney General' means the Attorney General 
        of the United States or that official designated by the 
        Attorney General to perform the Attorney General's 
        responsibilities under this chapter; and \7\
          ``(8) \7\ `act of espionage' means an activity that 
        is a violation of--
                  ``(A) section 793, 794, or 798 of this title; 
                \8\ or
---------------------------------------------------------------------------
    \8\ Sec. 605(g) of Public Law 104-294 (110 Stat. 3510) struck out 
``title 18, United States Code'' and inserted in lieu thereof ``this 
title''.
---------------------------------------------------------------------------
                  ``(B) section 4 of the Subversive Activities 
                Control Act of 1950.''.
    (b) The chapter analysis of part II of title 18, United 
States Code, is amended by adding after the item relating to 
chapter 203 the following new item:

``204. Rewards for information concerning terrorists acts and 
    espionage \9\................................................3071''.

                  authority of the secretary of state

    Sec. 102.\10\ * * *
---------------------------------------------------------------------------
    \9\ Sec. 803(c) of Public Law 103-359 (108 Stat. 3429) added 
reference to espionage.
    \10\ Sec. 102 amended the State Department Basic Authorities Act of 
1956 by adding a new sec. 36.
---------------------------------------------------------------------------

                  TITLE II--INTERNATIONAL COOPERATION

        increasing international cooperation to combat terrorism

    Sec. 201. (a) The President is urged to seek more effective 
international cooperation in combatting international 
terrorism, including--
          (1) severe punishment for acts of terrorism, which 
        endanger the lives of diplomatic staff, military 
        personnel, other government personnel, or private 
        citizens; and
          (2) extradition of all terrorists and their 
        accomplices to the country where the terrorist incident 
        occurred or whose citizens were victims of the 
        incident.
    (b) High priority should also be given to negotiations 
leading to the establishment of a permanent international 
working group which would combat international terrorism by--
          (1) promoting international cooperation among 
        countries;
          (2) developing new methods, procedures, and standards 
        to combat international terrorism;
          (3) negotiating agreements for exchanges of 
        information and intelligence and for technical 
        assistance; and
          (4) examining the use of diplomatic immunity and 
        diplomatic facilities to further international 
        terrorism.
This working group should have subgroups or appropriate 
matters, including law enforcement and crisis management.

          TITLE III--SECURITY OF UNITED STATES MISSIONS ABROAD

      advisory panel on security of united states missions abroad

    Sec. 301. In light of continued terrorist incidents and 
given the ever increasing threat of international terrorism 
directed at United States missions and diplomatic personnel 
abroad, the Congress believes that it is imperative that the 
Department of State review its approach to providing security 
against international terrorism. Not later than February 1, 
1985, the Secretary of State shall report to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \11\ of the House of Representatives on the findings 
and recommendations of the Advisory Panel on Security of United 
States Missions Abroad.
---------------------------------------------------------------------------
    \11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

         security enhancement at united states missions abroad

    Sec. 302. (a) In addition to amounts otherwise authorized 
to be appropriated, there are authorized to be appropriated, 
without fiscal year limitation--
          (1) \12\ $350,963,000 for the Department of State for 
        ``Administration of Foreign Affairs'', and
---------------------------------------------------------------------------
    \12\ Sec. 139 of the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1973) provided $110,200,000 to increase security 
at U.S. missions overseas.
---------------------------------------------------------------------------
          (2) $5,315,000 for the United States Information 
        Agency,
which amounts shall be for security enhancement at United 
States missions abroad.
    (b) Not later than February 1, 1985, the Secretary of State 
and the Director of the United States Information Agency shall 
each report to the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs \11\ of the House of 
Representatives on how their respective agencies have allocated 
the funds authorized to be appropriated by this section.

                   state department basic authorities

    Sec. 303.\13\ * * *
---------------------------------------------------------------------------
    \13\ Sec. 303 amended sec. 2 of the State Department Basic 
Authorities Act of 1956.
---------------------------------------------------------------------------

                               danger pay

    Sec. 304. In recognition of the current epidemic of 
worldwide terrorist activity and the courage and sacrifice of 
employees of United States agencies overseas, civilian as well 
as military, it is the sense of Congress that the provisions of 
section 5928 of title 5, United States Code, relating to the 
payment of danger pay allowance, should be more extensively 
utilized at United States missions abroad.
                   p. Hostage Relief Act of 1980 \1\

Public Law 96-449 [H.R. 7085], 94 Stat. 1967, approved October 14, 1980

AN ACT To provide certain benefits to individuals held hostage in Iran 
     and to similarly situated individuals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Hostage Relief Act of 1980''.

                  TITLE I--SPECIAL PERSONNEL BENEFITS

                              definitions

    Sec. 101. For purposes of this title--
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 5561 note. See also sec. 599C of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991 (Public Law 101-513; 104 Stat. 2064), as amended by sec. 302 of 
Public Law 102-138 (105 Stat. 707), and further amended by sec. 5 of 
Public Law 102-499 (106 Stat. 3266), relating to benefits for U.S. 
hostages in Iraq and Kuwait and U.S. hostages captured in Lebanon.
---------------------------------------------------------------------------
          (1) The term ``American hostage'' means any 
        individual who, while--
                  (A) in the civil service or the uniformed 
                services of the United States, or
                  (B) a citizen or resident alien of the United 
                States rendering personal service to the United 
                States abroad similar to the service of a civil 
                officer or employee of the United States (as 
                determined by the Secretary of State),
        is placed in a captive status during the hostage 
        period.
          (2) The term ``hostage period'' means the period 
        beginning on November 4, 1979, and ending on the later 
        of--
                  (A) the date the President specifies, by 
                Executive order, as the date on which all 
                citizens and resident aliens of the United 
                States who were placed in a captive status due 
                to the seizure of the United States Embassy in 
                Iran have been returned to the United States or 
                otherwise accounted for, or
                  (B) January 1, 1983.
          (3) The term ``family member'', when used with 
        respect to any American hostage, means--
                  (A) any dependent (as defined in section 5561 
                of title 5, United States Code) of such 
                hostage; and
                  (B) any member of the hostage's family or 
                household (as determined under regulations 
                which the Secretary of State shall prescribe).
          (4) The term ``captive status'' means a missing 
        status arising because of a hostile action abroad--
                  (A) which is directed against the United 
                States during the hostage period; and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (5) The term ``missing status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code;
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code; and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          (6) The terms ``pay and allowances'', ``employee'', 
        and ``agency'' have the meanings given to such terms in 
        section 5561 of title 5, United States Code, and the 
        terms ``civil service'', ``uniformed services'', and 
        ``armed forces'' have the meanings given to such terms 
        in section 2101 of such title 5.

       pay and allowances may be allotted to special savings fund

    Sec. 102. (a) The Secretary of the Treasury shall establish 
a savings fund to which the head of an agency may allot all or 
any portion of the pay and allowances of any American hostage 
which are for pay periods during which the American hostage is 
in a captive status and which are not subject to an allotment 
under section 5563 of title 5, United States Code, under 
section 553 of title 37, United States Code, or under any other 
provision of law.
    (b) Amounts so allotted to the savings fund shall bear 
interest at a rate which, for any calendar quarter, shall be 
equal to the average rate paid on United States Treasury bills 
with three-month maturities issued during the preceding 
calendar quarter. Such interest shall be compounded quarterly.
    (c) Amounts may be allotted to the savings fund from pay 
and allowances for any pay period ending after November 4, 
1979, and before the establishment of the savings fund. 
Interest on amounts allotted from the pay and allowances for 
any such pay period shall be calculated as if the allotment had 
occurred at the end of the pay period.
    (d) Amounts in the savings fund credited to any American 
hostage shall be considered as pay and allowances for purposes 
of section 5563 of title 5, United States Code (or in the case 
of a member of the uniformed services, for purposes of section 
553 of title 37, United States Code) and shall otherwise be 
subject to withdrawal under procedures which the Secretary of 
the Treasury shall establish.

              medical and health care and related expenses

    Sec. 103. Under regulations prescribed by the President, 
the head of an agency may pay (by advancement or reimbursement) 
any individual who is an American hostage, or any family member 
of such an individual, for medical and health care, and other 
expenses related to such care, to the extent such care--
          (1) is incident to that individual being an American 
        hostage; and
          (2) is not covered by insurance.

                         education and training

    Sec. 104. (a)(1) Under regulations prescribed by the 
President, the head of an agency shall pay (by advancement or 
reimbursement) a spouse or child of an American hostage for 
expenses incurred for subsistence, tuition, fees, supplies, 
books, and equipment, and other educational expenses, while 
attending an educational or training institution.
    (2) Except as provided in paragraph (3), payments shall be 
available under this subsection for a spouse or child of an 
individual who is an American hostage for education or training 
which occurs--
          (A) after the nineteenth day after the date the 
        individual is placed in a captive status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date on 
                which the hostage ceases to be in a captive 
                status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
In order to respond to special circumstances, the President may 
specify a date for purposes of cessation of assistance under 
subparagraph (B) which is later than the date which would 
otherwise apply under subparagraph (B).
    (3) In the event an American hostage dies and the death is 
incident to that individual being an American hostage, payments 
shall be available under this subsection for a spouse or child 
of an individual who is an American hostage for education or 
training which occurs after the date of death.
    (4) The preceding provisions of this subsection shall not 
apply with respect to any spouse or child who is eligible for 
assistance under chapter 35 of title 38, United States Code.
    (b)(1) In order to respond to special circumstances, the 
head of an agency may, under regulations prescribed by the 
President, pay (by advancement or reimbursement) an American 
hostage for expenses incurred for subsistence, tuition, fees, 
supplies, books, and equipment, and other educational expenses, 
while attending an educational or training institution.
    (2) Payments shall be available under this subsection for 
an American hostage for education or training which occurs--
          (A) after the termination of such hostages' captive 
        status, and
          (B) on or before--
                  (i) the end of any semester or quarter (as 
                appropriate) which begins before the date which 
                is 10 years after the day on which the hostage 
                ceases to be in a captive status, or
                  (ii) if the educational or training 
                institution is not operated on a semester or 
                quarter system, the earlier of the end of any 
                course which began before such date or the end 
                of the twelve-week period following that date.
    (c) Assistance under this section shall be discontinued for 
any individual whose conduct or progress is unsatisfactory 
under standards consistent with those established pursuant to 
section 1724 of title 38, United States Code.
    (d) In no event may assistance be provided under this 
section for any individual for a period in excess of forty-five 
months (or the equivalent thereof in part-time education or 
training).
    (e) Regulations prescribed by the President under this 
section shall provide that the program under this section be 
consistent with the assistance program under chapters 35 and 36 
of title 38, United States Code.

  extension of applicability of certain benefits of the soldiers' and 
                   sailors' civil relief act of 1940

    Sec. 105. (a) Under regulations prescribed by the 
President, an American hostage is entitled to the benefits 
provided by the Soldiers' and Sailors' Civil Relief Act of 1940 
(50 U.S.C. App. 501 et seq.), including the benefits provided 
by section 701 (50 U.S.C. App. 591) but excluding the benefits 
provided by sections 104, 105, 106, 400 through 408, 501 
through 512, and 514 (50 U.S.C. App. 514, 515, 516, 540 through 
548, 561 through 572, and 574).
    (b) In applying such Act for purposes of this section--
          (1) the term ``person in the military service'' is 
        deemed to include any such American hostage;
          (2) the term ``period of military service'' is deemed 
        to include the period during which such American 
        hostage is in a captive status; and
          (3) references to the Secretary of the Army, the 
        Secretary of the Navy, the Adjutant General of the 
        Army, the Chief of Naval Personnel, and the Commandant, 
        United States Marine Corps, are deemed to be references 
        to the Secretary of State.
    (c) The preceding provisions of this section shall not 
apply with respect to any American hostage covered by such 
provisions of the Soldiers' and Sailors' Civil Relief Act of 
1940 by reason of being in the Armed Forces.

                   applicability to colombian hostage

    Sec. 106. Notwithstanding the requirements of section 
101(1), for purposes of this title, Richard Starr of Edmonds, 
Washington, who, as a Peace Corps volunteer, was held captive 
in Colombia and released on or about February 10, 1980, shall 
be held and considered to be an American hostage placed in a 
captive status on November 4, 1979.

                             effective date

    Sec. 107. The preceding provisions of this title shall take 
effect as of November 4, 1979.

                        TITLE II--TAX PROVISIONS

                compensation excluded from gross income

    Sec. 201. For purposes of the Internal Revenue Code of 
1986,\2\ the gross income of an individual who was at any time 
an American hostage does not include compensation from the 
United States received for any month during any part of which 
such individual was--
---------------------------------------------------------------------------
    \2\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
---------------------------------------------------------------------------
          (1) in captive status, or
          (2) hospitalized as a result of such individual's 
        captive status.

    income taxes of hostage where death results from captive status

    Sec. 202. (a) General Rule.--In the case of an individual 
who was at any time an American hostage and who dies as a 
result of injury or disease or physical or mental disability 
incurred or aggravated while such individual was in captive 
status--
          (1) any tax imposed by subtitle A of the Internal 
        Revenue Code of 1986 \2\ shall not apply with respect 
        to--
                  (A) the taxable year in which falls the date 
                of such individual's death, or
                  (B) any prior taxable year ending on or after 
                the first day such individual was in captive 
                status, and
          (2) any tax imposed under such subtitle A for taxable 
        years preceding those specified in paragraph (1) which 
        is unpaid at the date of such individual's death 
        (including interest, additions to the tax, and 
        additional amounts)--
                  (A) shall not be assessed,
                  (B) if assessed, the assessment shall be 
                abated, and
                  (C) if collected, shall be credited or 
                refunded as an overpayment.
    (b) Death Must Occur Within 2 Years of Cessation of Captive 
Status.--This section shall not apply unless the death of the 
individual occurs within 2 years after such individual ceases 
to be in captive status.

                      spouse may file joint return

    Sec. 203. (a) General Rule.--If an individual is an 
American hostage who is in captive status, such individual's 
spouse may elect to file a joint return under section 6013(a) 
of the Internal Revenue Code of 1986 \2\ for any taxable year--
          (1) which begins on or before the day which is 2 
        years after the date on which the hostage period ends, 
        and
          (2) for which such spouse is otherwise entitled to 
        file such a joint return.
    (b) Certain Rules Made Applicable.--For purposes of 
subsection (a), paragraphs (2) and (4) of section 6013(f) of 
such Code (relating to joint return where individual is in 
missing status) shall apply as if the election described in 
subsection (a) of this section were an election described in 
paragraph (1) of such section 6013(f).

 time for performing certain acts postponed by reason of captive status

    Sec. 204. (a) General Rule.--In the case of any individual 
who was at any time an American hostage, any period during 
which he was in captive status (and any period during which he 
was outside the United States and hospitalized as a result of 
captive status), and the next 180 days thereafter, shall be 
disregarded in determining, under the internal revenue laws, in 
respect of any tax liability (including any interest, penalty, 
additional amount, or addition to the tax) of such individual--
          (1) whether any of the acts specified in paragraph 
        (1) of section 7508(a) of the Internal Revenue Code of 
        1986 \2\ was performed within the time prescribed 
        therefor, and
          (2) the amount of any credit or refund (including 
        interest).
    (b) Application to Spouse.--The provisions of this section 
shall apply to the spouse of any individual entitled to the 
benefits of subsection (a). The preceding sentence shall not 
cause this section to apply to any spouse for any taxable year 
beginning more than 2 years after the date on which the hostage 
period ends.
    (c) Section 7508(d) Made Applicable.--Subsection (d) of 
section 7508 of the Internal Revenue Code of 1986 \2\ shall 
apply to subsection (a) in the same manner as if the benefits 
of subsection (a) were provided by subsection (a) of such 
section 7508.

                     definitions and special rules

    Sec. 205. (a) American Hostage.--For purposes of this 
title, the term ``American hostage'' means any individual who, 
while--
          (1) in the civil service or the uniformed services of 
        the United States, or
          (2) a citizen or resident alien of the United States 
        rendering personal service to the United States abroad 
        similar to the service of a civil officer or employee 
        of the United States (as determined by the Secretary of 
        State),
is placed in a captive status during the hostage period.
    (b) Hostage Period.--For purposes of this title, the term 
``hostage period'' means the period beginning on November 4, 
1979, and ending on whichever of the following dates is the 
earlier:
          (1) the date the President specifies, by Executive 
        order, as the date on which all citizens and resident 
        aliens of the United States who were placed in a 
        captive status due to the seizure of the United States 
        Embassy in Iran have been returned to the United States 
        or otherwise accounted for, or
          (2) December 31, 1981.
    (c) Captive Status.--For purposes of this title--
          (1) In general.--The term ``captive status'' means a 
        missing status arising because of a hostile action 
        abroad--
                  (A) which is directed against the United 
                States during the hostage period, and
                  (B) which is identified by the Secretary of 
                State in the Federal Register.
          (2) Missing status defined.--The term ``missing 
        status''--
                  (A) in the case of employees, has the meaning 
                given it in section 5561(5) of title 5, United 
                States Code,
                  (B) in the case of members of the uniformed 
                services, has the meaning given it in section 
                551(2) of title 37, United States Code, and
                  (C) in the case of other individuals, has a 
                similar meaning as that provided under such 
                sections, as determined by the Secretary of 
                State.
          For purposes of the preceding sentence, the term 
        ``employee'' has the meaning given to such term by 
        section 5561(2) of title 5, United States Code.
    (d) Hospitalized as a Result of Captive Status.--
          (1) In general.--For purposes of this title, an 
        individual shall be treated as hospitalized as a result 
        of captive status if such individual is hospitalized as 
        a result of injury or disease or physical or mental 
        disability incurred or aggravated while such individual 
        was in captive status.
          (2) 2-year limit.--Hospitalization shall be taken 
        into account for purposes of paragraph (1) only if it 
        is hospitalization--
                  (A) occurring on or before the day which is 2 
                years after the date on which the individual's 
                captive status ends (or, if earlier, the date 
                on which the hostage period ends), or
                  (B) which is part of a continuous period of 
                hospitalization which began on or before the 
                day determined under subparagraph (A).
    (e) Civil Service; Uniformed Services.--For purposes of 
this section, the terms ``civil service'' and ``uniformed 
services'' have the meanings given to such terms by section 
2101 of title 5, United States Code.
    (f) Application of Title to All Tehran Hostages.--In the 
case of any citizen or resident alien of the United States who 
is determined by the Secretary of State to have been held 
hostage in Tehran at any time during November 1979, for 
purposes of this title--
          (1) such individual shall be treated as an American 
        hostage whether or not such individual meets the 
        requirements of paragraph (1) or (2) of subsection (a), 
        and
          (2) if such individual was not in the civil service 
        or the uniformed services of the United States--
                  (A) section 201 shall be applied by 
                substituting ``earned income (as defined in 
                section 911(b) of the Internal Revenue Code of 
                1986) \2\ attributable to'' for ``compensation 
                from the United States received for'', and
                  (B) the amount excluded from gross income 
                under section 201 for any month shall not 
                exceed the monthly equivalent of the annual 
                rate of basic pay payable for level V of the 
                Executive Schedule.
    (g) Application of Title to Individual Held Captive in 
Colombia.--For purposes of this title, Richard Starr of 
Edmonds, Washington, who, as a Peace Corps volunteer, was held 
captive in Colombia, shall be treated as an American hostage 
who was in captive status beginning on November 4, 1979, and 
ending on February 10, 1980.
    (h) Special Rules.--
          (1) Compensation.--For purposes of this title, the 
        term ``compensation'' shall not include any amount 
        received as an annuity or as retirement pay.
          (2) Wage withholding.--Any amount excluded from gross 
        income under section 201 shall not be treated as wages 
        for purposes of chapter 24 of the Internal Revenue Code 
        of 1986.\2\

                   study of tax treatment of hostages

    Sec. 206. (a) Study.--The Chief of Staff of the Joint 
Committee on Taxation shall study all aspects of the tax 
treatment of citizens and resident aliens of the United States 
who are taken hostage or are otherwise placed in a missing 
status.
    (b) Report.--The Chief of Staff of the Joint Committee on 
Taxation shall, before July 1, 1981, report the results of the 
study made pursuant to subsection (a) to the Committee on Ways 
and Means of the House of Representatives and the Committee on 
Finance of the Senate.

              TITLE III--TREATMENT OF THE HOSTAGES IN IRAN

                 visits by the international red cross

    Sec. 301. (a) The Congress finds that--
          (1) the continued illegal and unjustified detention 
        of the American hostages by the Government of Iran has 
        resulted in the deterioration of relations between the 
        United States and Iran; and
          (2) the protracted length and the conditions of their 
        confinement have reportedly endangered the physical and 
        mental well-being of the hostages.
    (b) Therefore, it is the sense of the Congress that the 
President should make a formal request of the International 
Committee of the Red Cross to--
          (1) make regular and periodic visits to the American 
        hostages being held in Iran for the purpose of 
        determining whether the hostages are being treated in a 
        humane and decent manner and whether they are receiving 
        proper medical attention;
          (2) urge other countries to solicit the cooperation 
        of the Government of Iran in the visits to the hostages 
        by the International Committee of the Red Cross; and
          (3) report to the United States its findings after 
        each such visit.
         q. Hostage Relief Act of 1980--Delegation of Authority

 Executive Order 12268, January 15, 1981, 46 F.R. 4671, 5 U.S.C. 5561 
                                  note

    By the authority vested in me as President by the 
Constitution and statutes of the United States of America, 
including the Hostage Relief Act of 1980 (Public Law 96-449, 94 
Stat. 1967, 5 U.S.C. 5561 note) and Section 301 of Title 3 of 
the United States Code, and in order to provide for the 
implementation of that Act, it is hereby ordered as follows:
    1-101. The functions vested in the President by Sections 
103, 104, 105 and 301 of the Hostage Relief Act of 1980 (5 
U.S.C. 5561 note) are delegated to the Secretary of State.
    1-102. The Secretary of State shall consult with the heads 
of appropriate Executive agencies in carrying out the functions 
in Sections 103, 104, and 105 of the Act.
                   r. Interagency Security Committee

 Executive Order 12977, October 19, 1995, 60 F.R. 54411, 40 U.S.C. 486 
                                  note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, and 
in order to enhance the quality and effectiveness of security 
in and protection of buildings and facilities in the United 
States occupied by Federal employees for nonmilitary activities 
(``Federal facilities''), and to provide a permanent body to 
address continuing government-wide security for Federal 
facilities, it is hereby ordered as follows:
    Section 1. Establishment. There is hereby established 
within the executive branch the Interagency Security Committee 
(``Committee''). The Committee shall consist of: (a) the 
Administrator of General Services (``Administrator'');
    (b) representatives from the following agencies, appointed 
by the agency heads:
          (1) Department of State;
          (2) Department of the Treasury;
          (3) Department of Defense;
          (4) Department of Justice;
          (5) Department of the Interior;
          (6) Department of Agriculture;
          (7) Department of Commerce;
          (8) Department of Labor;
          (9) Department of Health and Human Services;
          (10) Department of Housing and Urban Development;
          (11) Department of Transportation;
          (12) Department of Energy;
          (13) Department of Education;
          (14) Department of Veterans Affairs;
          (15) Environmental Protection Agency;
          (16) Central Intelligence Agency; and
          (17) Office of Management and Budget;
    (c) the following individuals or their designees;
          (1) the Director, United States Marshals Service;
          (2) the Assistant Commissioner of the Federal 
        Protective Service of the Public Buildings Service, 
        General Services Administration (``Assistant 
        Commissioner'');
          (3) the Assistant to the President for National 
        Security Affairs; and
          (4) the Director, Security Policy board; and
    (d) such other Federal employees as the President may 
appoint.
    Sec. 2. Chair. The Committee shall be chaired by the 
Administrator, or the designee of the Administrator.
    Sec. 3. Working Groups. The Committee is authorized to 
establish interagency working groups to perform such tasks as 
may be directed by the Committee.
    Sec. 4. Consultation. The Committee may consult with other 
parties, including the Administrative Office of the Untied 
States Courts, to perform its responsibilities under this 
order, and, at the discretion of the Committee, such other 
parties may participate in the working groups.
    Sec. 5. Duties and Responsibilities. (a) The Committee 
shall: (1) establish policies for security in and protection of 
Federal facilities;
          (2) develop and evaluate security standards for 
        Federal facilities, develop a strategy for ensuring 
        compliance with such standards, and oversee the 
        implementation of appropriate security measures in 
        Federal facilities; and
          (3) take such actions as may be necessary to enhance 
        the quality and effectiveness of security and 
        protection of Federal facilities, including but not 
        limited to:
                  (A) encouraging agencies with security 
                responsibilities to share security-related 
                intelligence in a timely and cooperative 
                manner;
                  (B) assessing technology and information 
                systems as a means of providing cost-effective 
                improvements to security in Federal facilities;
                  (C) developing long-term construction 
                standards for those locations with threat 
                levels or missions that require blast resistant 
                structures or other specialized security 
                requirements;
                  (D) evaluating standards for the location of, 
                and special security related to, day care 
                centers in Federal facilities; and
                  (E) assisting the Administrator in developing 
                and maintaining a centralized security data 
                base of all Federal facilities.
    Sec. 6. Agency Support and Cooperation. (a) Administrative 
Support. To the extent permitted by law and subject to the 
availability of appropriations, the Administrator, acting by 
and through the Assistant Commissioner, shall provide the 
Committee such administrative services, funds, facilities, 
staff and other support services as may be necessary for the 
performance of its functions under this order.
    (b) Cooperation. Each executive agency and department shall 
cooperate and comply with the policies and recommendations of 
the Committee issued pursuant to this order, except where the 
Director of Central Intelligence determines that compliance 
would jeopardize intelligence sources and methods. To the 
extent permitted by law and subject to the availability of 
appropriations, executive agencies and departments shall 
provide such support as may be necessary to enable the 
Committee to perform its duties and responsibilities under this 
order.
    (c) Compliance. The Administrator, acting by and through 
the Assistant Commissioner, shall be responsible for monitoring 
Federal agency compliance with the policies and recommendations 
of the Committee.
    Sec. 7. Judicial Review. This order is intended only to 
improve the internal management of the Federal Government, and 
is not intended, and should not be construed, to create any 
right or benefit, substantive or procedural, enforceable at law 
by a party against the United States, its agencies, its 
officers, or its employees.
                    4. Passport Laws and Regulations

                  a. Protection of Citizens Abroad \1\

 Act of July 27, 1868 [Revised Statutes, Sec. 2001], 15 Stat. 224; 22 
U.S.C. 1732; as amended by Public Law 101-222 [Anti-Terrorism and Arms 
   Export Amendments Act of 1989, H.R. 91], 103 Stat. 1900, approved 
                           December 12, 1989

    Whenever it is made known to the President that any citizen 
of the United States has been unjustly deprived of his liberty 
by or under the authority of any foreign government, it shall 
be the duty of the President forthwith to demand of that 
government the reasons of such imprisonment; and if it appears 
to be wrongful and in violation of the rights of American 
citizenship, the President shall forthwith demand the release 
of such citizen, and if the release so demanded is unreasonably 
delayed or refused, the President shall use such means, not 
amounting to acts of war and not otherwise prohibited by 
law,\2\ as he may think necessary and proper to obtain or 
effectuate the release; and all the facts and proceedings 
relative thereto shall as soon as practicable be communicated 
by the President to Congress.
---------------------------------------------------------------------------
    \1\ Sec. 611 of the Foreign Relations Authorization Act, Fiscal 
Year 1979 (Public Law 95-426; 92 Stat. 989), concerned equitable 
treatment of U.S. citizens living abroad.
    \2\ Sec. 9 of the Anti-Terrorism and Arms Export Amendments Act of 
1989 (Public Law 101-222; 103 Stat. 1900) added ``and not otherwise 
prohibited by law'' at this point.
                         b. Passport Authority

            (1) Secretary of State's Passport Authority \1\

  Partial text of Act of July 3, 1926 [H.R. 12495], 44 Stat. 887; 22 
     U.S.C. 211a; amended by Public Law 95-426 [Foreign Relations 
Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 971, 
    approved October 7, 1978; Public Law 103-236 [Foreign Relations 
 Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 
382, approved April 30, 1994; Public Law 103-415 [H.R. 5034], 108 Stat. 
                    4299, approved October 25, 1994

    The Secretary of State may grant and issue passports, and 
cause passports to be granted, issued, and verified in foreign 
countries by diplomatic and consular officers of the United 
States, and by such other employees of the Department of State 
who are citizens of the United States \2\ as the Secretary of 
State may designate, and by the chief or other executive 
officer of the insular possessions of the United States, under 
such rules as the President shall designate and prescribe for 
and on behalf of the United States, and no other person shall 
grant, issue, or verify such passports. Unless authorized by 
law, a passport may not be designated as restricted for travel 
to or for use in any country other than a country with which 
the United States is at war, where armed hostilities are in 
progress, or where there is imminent danger to the public 
health or the physical safety of United States travellers.\3\
---------------------------------------------------------------------------
    \1\ Sec. 125 of the Foreign Relations Authorization Act, Fiscal 
Year 1979 (Public Law 95-426; 92 Stat. 971), concerned diplomatic and 
official passports.
    From 1987 through 1997, the Secretary of State restricted the use 
of U.S. passports for most travel to, in, or through Lebanon. This 
restriction was initiated on January 26, 1987, and extended in: Public 
Notice 1574 of February 10, 1992 (57 F.R. 5925); Public Notice 1767 of 
February 17, 1993 (58 F.R. 11286); Public Notice 1957 of February 24, 
1994 (59 F.R. 10195); Public Notice 2065 of August 31, 1994 (59 F.R. 
45056); Public Notice 2174 of March 3, 1995 (60 F.R. 12004); Public 
Notice 2249 of August 22, 1995 (60 F.R. 45206); Public Notice 2350 of 
February 27, 1996 (61 F.R. 8096); Public Notice 2429 of August 22, 1996 
(61 F.R. 43395); and Public Notice 2506 of January 15, 1997 (62 F.R. 
4371).
    In Department of State Public Notice 3488 of November 22, 2000 (65 
F.R. 75761), the Secretary of State extended the passport restriction 
for travel to, in, or through Libya, originally restricted on December 
11, 1981, by Executive Order 11295 (31 F.R. 10603). Previous extensions 
have been issued by Public Notice 834 of November 29, 1982 (47 F.R. 
54888); Public Notice 889 of December 2, 1983 (48 F.R. 55529); Public 
Notice 923 of November 29 1984 (49 F.R. 47585); Public Notice 951 of 
November 25, 1985 (50 F.R. 49809); Public Notice 987 of December 9, 
1986 (51 F.R. 44855); Public Notice 1041 of December 10, 1987 (52 F.R. 
46876); Public Notice 1087 of December 8, 1988 (53 F.R. 49633); Public 
Notice 1143 of December 2, 1989 (54 F.R. 50568); Public Notice 1297 of 
November 23, 1990 (55 F.R. 49746); Public Notice 1526 of November 15, 
1991 (56 F.R. 59316); Public Notice 1728 of November 12, 1992 (57 F.R. 
55291); Public Notice 1903 of November 11, 1993 (58 F.R. 61137); Public 
Notice 2117 of November 14, 1994 (59 F.R. 59815); Public Notice 2293 of 
November 13, 1995 (60 F.R. 58129); Public Notice 2462 of October 28, 
1996 (61 F.R. 56993); Public Notice 2924 of November 9, 1998 (63 F.R. 
64139); and Public Notice 3164 of November 24, 1999 (64 F.R. 67600).
    In Department of State Public Notice 3600 of February 28, 2001 (66 
F.R. 14241), the Secretary of State extended the passport restriction 
for travel to, in, or through Iraq, originally restricted on February 
1, 1991 in Public Notice 1341 (56 F.R. 5242). Extensions were issued in 
Public Notice 1577 of February 18, 1992 (57 F.R. 6762); Public Notice 
1770 of February 23, 1993 (58 F.R. 11883); Public Notice 1960 of 
February 26, 1994 (59 F.R. 10451); Public Notice 2178 of March 3, 1995 
(60 F.R. 13002); Public Notice 2357 of March 8, 1996 (61 F.R. 10839); 
Public Notice 2523 of March 17, 1997 (62 F.R. 13246); Public Notice 
2770 of March 16, 1998 (63 F.R. 13715); Public Notice 3004 of March 18, 
1999 (64 F.R. 14301); and Public Notice 3239 of February 24, 2000 (65 
F.R. 12611).
    \2\ Sec. 127(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 394), struck out 
``by diplomatic representatives of the United States, and by such 
consul generals, consuls, or vice consuls when in charge,'' and 
inserted in lieu thereof ``by diplomatic and consular officers of the 
United States, and by other employees of the Department of State who 
are citizens of the United States,''.
    Sec. 1(b) of Public Law 103-415 (108 Stat. 4299) further amended 
this sentence, by striking out ``other employees'' and inserting in 
lieu thereof ``such other employees'', and by deleting the comma after 
``United States''.
    \3\ This sentence was added by sec. 124 of Public Law 95-426 (92 
Stat. 971). Sec. 124 also stated that the purpose of this amendment was 
to achieve greater U.S. compliance with the 1975 Helsinki Agreement as 
well as to encourage other nations to more fully comply.
                 (2) Passports--Delegation of Authority

   Partial Text of Executive Order 11295;\1\ August 5, 1966; 31 F.R. 
                       10603; 22 U.S.C. 211a note

    Section 1. Delegation of authority. The Secretary of State 
is hereby designated and empowered to exercise, without the 
approval, ratification, or other action of the President, the 
authority conferred upon the President by the first section of 
the Act of July 3, 1926 (22 U.S.C. 211a), to designate and 
prescribe for and on behalf of the United States rules 
governing the granting, issuing, and verifying of passports.
---------------------------------------------------------------------------
    \1\ From 1987 through 1997, the Secretary of State restricted the 
use of U.S. passports for most travel to, in, or through Lebanon. This 
restriction was initiated on January 26, 1987, and extended in: Public 
Notice 1574 of February 10, 1992 (57 F.R. 5925); Public Notice 1767 of 
February 17, 1993 (58 F.R. 11286); Public Notice 1957 of February 24, 
1994 (59 F.R. 10195); Public Notice 2065 of August 31, 1994 (59 F.R. 
45056); Public Notice 2174 of March 3, 1995 (60 F.R. 12004); Public 
Notice 2249 of August 22, 1995 (60 F.R. 45206); Public Notice 2350 of 
February 27, 1996 (61 F.R. 8096); Public Notice 2429 of August 22, 1996 
(61 F.R. 43395); and Public Notice 2506 of January 15, 1997 (62 F.R. 
4371).
    In Department of State Public Notice 3488 of November 22, 2000 (65 
F.R. 75761), the Secretary of State extended the passport restriction 
for travel to, in, or through Libya, originally restricted on December 
11, 1981, by Executive Order 11295 (31 F.R. 10603). Previous extensions 
have been issued by Public Notice 834 of November 29, 1982 (47 F.R. 
54888); Public Notice 889 of December 2, 1983 (48 F.R. 55529); Public 
Notice 923 of November 29 1984 (49 F.R. 47585); Public Notice 951 of 
November 25, 1985 (50 F.R. 49809); Public Notice 987 of December 9, 
1986 (51 F.R. 44855); Public Notice 1041 of December 10, 1987 (52 F.R. 
46876); Public Notice 1087 of December 8, 1988 (53 F.R. 49633); Public 
Notice 1143 of December 2, 1989 (54 F.R. 50568); Public Notice 1297 of 
November 23, 1990 (55 F.R. 49746); Public Notice 1526 of November 15, 
1991 (56 F.R. 59316); Public Notice 1728 of November 12, 1992 (57 F.R. 
55291); Public Notice 1903 of November 11, 1993 (58 F.R. 61137); Public 
Notice 2117 of November 14, 1994 (59 F.R. 59815); Public Notice 2293 of 
November 13, 1995 (60 F.R. 58129); Public Notice 2462 of October 28, 
1996 (61 F.R. 56993); Public Notice 2924 of November 9, 1998 (63 F.R. 
64139); and Public Notice 3164 of November 24, 1999 (64 F.R. 67600).
    In Department of State Public Notice 3600 of February 28, 2001 (66 
F.R. 14241), the Secretary of State extended the passport restriction 
for travel to, in, or through Iraq, originally restricted on February 
1, 1991 in Public Notice 1341 (56 F.R. 5242). Extensions were issued in 
Public Notice 1577 of February 18, 1992 (57 F.R. 6762); Public Notice 
1770 of February 23, 1993 (58 F.R. 11883); Public Notice 1960 of 
February 26, 1994 (59 F.R. 10451); Public Notice 2178 of March 3, 1995 
(60 F.R. 13002); Public Notice 2357 of March 8, 1996 (61 F.R. 10839); 
Public Notice 2523 of March 17, 1997 (62 F.R. 13246); Public Notice 
2770 of March 16, 1998 (63 F.R. 13715); Public Notice 3004 of March 18, 
1999 (64 F.R. 14301); and Public Notice 3239 of February 24, 2000 (65 
F.R. 12611).
---------------------------------------------------------------------------
    Sec. 2. Superseded orders. Subject to Section 3 of this 
order, the following are hereby superseded:
    (1) Executive Order No. 7856 of March 31, 1938, entitled 
``Rules Governing the Granting and Issuing of Passports in the 
United States.''
    (2) Executive Order No. 8820 of July 11, 1941, entitled 
``Amending the Foreign Service Regulations of the United 
States.''
    Sec. 3. Saving provisions. All rules and regulations 
contained in the Executive order provisions revoked by Section 
2 of this order, and all rules and regulations issued under the 
authority of those provisions, which are in force at the time 
of the issuance of this order shall remain in full force and 
effect until revoked, or except as they may be hereafter 
amended or modified, in pursuance of the authority conferred by 
this order, unless sooner terminated by operation of law.
                (3) Nationality and Passport Regulations

 Regulations of the Secretary of State, Department Regulation 108.541, 
   22 CFR 50 through 53, October 20, 1966, 31 F.R. 13537, as amended

                    PART 50--NATIONALITY PROCEDURES

    Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104, 1502, 1503 and 
1504.

Sec. 50.1  Definitions.

    The following definitions shall be applicable to this part:
    (a) ``United States'' means the continental United States, 
the State of Hawaii, the Commonwealth of Puerto Rico, the 
Virgin Islands of the United States, the Canal Zone, American 
Samoa, Guam and any other islands or territory over which the 
United States exercises jurisdiction.
    (b) ``Department'' means the Department of State of the 
United States of America.
    (c) ``Secretary'' means the Secretary of State.
    (d) ``National'' means a citizen of the United States or a 
noncitizen owing permanent allegiance to the United States.
    (e) ``Passport'' means a travel document issued under the 
authority of the Secretary of State attesting to the identity 
and nationality of the bearer.
    (f) ``Passport Agent'' means a person designated by the 
Department to accept passport applications.
    (g) Designated nationality examiner means a United States 
citizen employee of the Department of State assigned or 
employed abroad (permanently or temporarily) and designated by 
the Deputy Assistant Secretary of State for Overseas Citizen 
Services, to grant, issue and verify U.S. passports. A 
designated nationality examiner may adjudicate claims of 
acquisition and loss of United States nationality and 
citizenship as required for the purposes of providing passport 
and related services. The authority of designated nationality 
examiners shall include the authority to examine, adjudicate, 
approve and deny passport applications and applications for 
related services. The authority of designated nationality 
examiners shall expire upon termination of the employee's 
assignment for such duty and may also be terminated at any time 
by the Deputy Assistant Secretary for Overseas Citizen 
services.

[Dept. Reg. 108.541, 31 F.R. 13537, Oct. 20, 1966; as amended 
at 31 F.R. 14521, Nov. 11, 1966; 61 F.R. 43311, Aug. 22, 1996]

Subpart A--Procedures for Determination of United States Nationality of 
                            a Person Abroad

Sec. 50.2  Determination of U.S. nationality of persons abroad.

    The Department shall determine claims to United States 
nationality when made by persons abroad on the basis of an 
application for registration, for a passport, or for a Consular 
Report of Birth Abroad of a Citizen of the United States of 
America. Such determination of nationality may be made abroad 
by a consular officer or a designated nationality examiner. A 
designated nationality examiner may accept and approve/
disapprove applications for registration and accept and 
approve/disapprove applications for passports and issue 
passports. Under the supervision of a consular officer, 
designated nationality examiners shall accept, adjudicate, 
disapprove and provisionally approve applications for the 
Consular Report of Birth Abroad. A Consular Report of Birth 
Abroad may only be issued by a consular officer, who will 
review a designated nationality examiner's provisional approval 
of an application for such report and issue the report if 
satisfied that the claim to nationality has been established.

[Amended at 61 F.R. 43311, Aug. 22, 1996]

Sec. 50.3  Application for registration.

    (a) A person abroad who claims U.S. nationality, or a 
representative on his behalf, may apply at a consular post for 
registration to establish his claim to U.S. nationality or to 
make his residence in the particular consular area a matter of 
record.
    (b) The applicant shall execute the registration form 
prescribed by the Department and shall submit the supporting 
evidence required by subpart C of part 51 of this chapter. A 
diplomatic or consular officer or a designated nationality 
examiner shall determine the period of time for which the 
registration will be valid.

[Amended at 61 F.R. 43312, Aug. 22, 1996]

Sec. 50.4  Application for passport.

    A claim to U.S. nationality in connection with an 
application for passport shall be determined by posts abroad in 
accordance with the regulations contained in Part 51 of this 
chapter.

Sec. 50.5  Application for Consular Report of Birth Abroad of a Citizen 
                    of the United States of America.

    Upon application by the parent(s) or the child's legal 
guardian, a consular officer or designated nationality examiner 
may accept and adjudicate the application for a Consular Report 
of Birth Abroad of a Citizen of the United States of America 
for a child born in their consular district. In specific 
instances, the Department may authorize consular officers and 
other designated employees to adjudicate the application for a 
Consular Report of Birth Abroad of a child born outside his/her 
consular district. Under the supervision of a consular officer, 
designated nationality examiners shall accept, adjudicate, 
disapprove and provisionally approve applications for the 
Consular Report of Birth Abroad. The applicant shall be 
required to submit proof of the child's birth, identity and 
citizenship meeting the evidence requirements of subpart C of 
part 51 of this subchapter and shall include:
    (a) Proof of child's birth. Proof of child's birth usually 
consists of, but is not limited to, an authentic copy of the 
record of the birth filed with local authorities, a baptismal 
certificate, a military hospital certificate of birth, or an 
affidavit of the doctor or the person attending the birth. If 
no proof of birth is available, the person seeking to register 
the birth shall submit his affidavit explaining why such proof 
is not available and setting forth the facts relating to the 
birth.
    (b) Proof of child's citizenship. Evidence of parent's 
citizenship and, if pertinent, evidence of parent's physical 
presence in the United States as required for transmittal of 
claim of citizenship by the Immigration and Nationality Act of 
1952 shall be submitted.

[Amended at 61 F.R. 43312, Aug. 22, 1996]

Sec. 50.6  Registration at the Department of birth abroad.

    In the time of war or national emergency, passport agents 
may be designated to complete consular reports of birth for 
children born at military facilities which are not under the 
jurisdiction of a consular office. An officer of the Armed 
Forces having authority to administer oaths may take 
applications for registration under this section.

Sec. 50.7  Consular Report of Birth Abroad of a Citizen of the United 
                    States of America.

    (a) Upon application and the submission of satisfactory 
proof of birth, identity and nationality, and at the time of 
the reporting of the birth, the consular officer may issue to 
the parent or legal guardian, when approved and upon payment of 
a prescribed fee, a Consular Report of Birth Abroad of a 
Citizen of the United States of America.
    (b) Amended and replacement Consular Reports of Birth 
Abroad of a Citizen of the United States of America may be 
issued by the Department of State's Passport Office upon 
written request and payment of the required fee.
    (c) When it reports a birth under Sec. 50.6, the Department 
shall furnish the Consular Report of Birth Abroad of a Citizen 
of the United States of America to the parent or legal guardian 
upon application and payment of required fees.
    (d) A consular report of birth, or a certification thereof, 
may be canceled if it appears that such document was illegally, 
fraudulently, or erroneously obtained, or was crafted through 
illegality or fraud. The cancellation under this paragraph of 
such a document purporting to show the citizenship status of 
the person to whom it was issued shall affect only the document 
and not the citizenship status of the person in whose name the 
document was issued. A person for or to whom such document has 
been issued or made shall be given at such person's last known 
address, written notice of the cancellation of such document, 
together with the specific reasons for the cancellation and the 
procedures for review available under the provisions in 22 CFR 
51.81 through 51.89.

[Amended and restated at 61 F.R. 43312, Aug. 22, 1996; subsec. 
(d) added at 64 F.R. 19714, Apr. 22, 1999]

Sec. 50.8  Certification of Report of Birth Abroad of a United States 
                    Citizen.

    At any time subsequent to the issuance of a Consular Report 
of Birth Abroad of a Citizen of the United States of America, 
when requested and upon payment of the required fee, the 
Department of State's Passport Office may issue to the citizen, 
the citizen's parent or legal guardian a certificate entitled 
``Certification of Report of Birth Abroad of a United States 
Citizen.''

[Amended at 61 F.R. 43312, Aug. 22, 1996]

Sec. 50.9  Card of identity.

    When authorized by the Department, consular offices or 
designated nationality examiners may issue a card of identity 
for travel to the United States to nationals of the United 
States being deported from a foreign country, to nationals/
citizens of the United States involved in a common disaster 
abroad, or to a returning national of the United States to whom 
passport services have been denied or withdrawn under the 
provisions of this part or parts 51 or 53 of this subchapter.

[Dept. Reg. 108.541, 31 F.R. 13537, Oct. 20, 1966; as amended 
by Dept. Reg. 108.665, 37 F.R. 11459, June 8, 1972; 61 F.R. 
43312, Aug. 22, 1996]

Sec. 50.10  Certificate of nationality.

    (a) Any person who acquired the nationality of the United 
States at birth and who is involved in any judicial or 
administrative proceedings in a foreign state and needs to 
establish his U.S. nationality may apply for a certificate of 
nationality in the form prescribed by the Department.
    (b) An applicant for a certificate of nationality must 
submit evidence of his nationality and documentary evidence 
establishing that he is involved in judicial or administrative 
proceedings in which proof of his U.S. nationality is required.

Sec. 50.11  Certificate of identity for travel to the United States to 
                    apply for admission.

    (a) A person applying abroad for a certificate of identity 
under section 360(b) of the Immigration and Nationality Act 
shall complete the application form prescribed by the 
Department and submit evidence to support his claim to U.S. 
nationality.
    (b) When a diplomatic or consular officer denies an 
application for a certificate of identity under this section, 
the applicant may submit a written appeal to the Secretary, 
stating the pertinent facts, the grounds upon which U.S. 
nationality is claimed and his reasons for considering that the 
denial was not justified.

[Dept. Reg. 108.541, 31 F.R. 13537, Oct. 20, 1966; as amended 
at 31 F.R. 14521, Nov. 11, 1966]

           Subpart B--Retention and Resumption of Nationality

Sec. 50.21Retention of nationality.

    (a) Section 351(b) of the Immigration and Nationality Act. 
(1) A person who desires to claim U.S. nationality under the 
provisions of section 351(b) of the Immigration and Nationality 
Act must, within the time period specified in the statute, 
assert a claim to U.S. nationality and subscribe to an oath of 
allegiance before a diplomatic or consular officer.
    (2) In addition, the person shall submit to the Department 
a statement reciting the person's identity and acquisition or 
derivation of U.S. nationality, the facts pertaining to the 
performance of any act which would otherwise have been 
expatriative, and the person's desire to retain the person's 
U.S. nationality.

[Amended at 61 F.R. 29652 and 29653, June 12, 1996]

Sec. 50.30  Resumption of nationality.

    (a) Section 324(c) of the Immigration and Nationality Act. 
(1) A woman formerly a citizen of the United States at birth 
who wishes to regain her citizenship under section 324(c) of 
the Immigration and Nationality Act may apply abroad to a 
diplomatic or consular officer on the form prescribed by the 
Department to take the oath of allegiance prescribed by section 
337 of that Act.
    (2) The applicant shall submit documentary evidence to 
establish her eligibility to take the oath of allegiance. If 
the diplomatic or consular officer or the Department 
determines, when the application is submitted to the Department 
for decision, that the applicant is ineligible for resumption 
of citizenship because of section 313 of the Immigration and 
Nationality Act, the oath shall not be administered.
    (b) The Act of June 25, 1936. (1) A woman who has been 
restored to citizenship by the Act of June 25, 1936, as amended 
by the Act of July 2, 1940, but who failed to take the oath of 
allegiance prior to December 24, 1952, as prescribed by the 
nationality laws, may apply abroad to any diplomatic or 
consular officer to take the oath of allegiance as prescribed 
by section 337 of the Immigration and Nationality Act.
    (2) The applicant shall submit documentary evidence to 
establish her eligibility to take the oath of allegiance. If 
the diplomatic or consular officer or the Department 
determines, when the application is submitted to the 
Department, that the applicant is ineligible for resumption of 
citizenship under section 313 of the Immigration and 
Nationality Act, the oath shall not be administered.
    (c) Certification of repatriation. Upon request and payment 
of the prescribed fee, a diplomatic or consular officer or the 
Department shall issue a certified copy of the application and 
oath administered to a woman repatriated under this section.
    (d) Section 324(d)(1) of the Immigration and Nationality 
Act. (1) A former citizen of the United States who did not 
retain U.S. citizenship by failure to fulfill residency 
requirements as set out in Section 201(g) of the 1940 
Nationality Act or former 301(b) of the 1952 Immigration and 
Nationality Act, may regain his/her U.S. citizenship pursuant 
to Section 324(d) INA, by applying abroad at a diplomatic or 
consular post, or in the U.S. at any Immigration and 
Naturalization Service office in the form and manner prescribed 
by the Department of State and the Immigration and 
Naturalization Service (INS).
    (2) The application shall submit documentary evidence to 
establish eligibility to take the oath of allegiance, which 
includes proof of birth abroad to a U.S. citizen parent between 
May 24, 1934 and December 24, 1952. If the diplomatic, 
consular, INS, or passport officer determines that the 
applicant is ineligible to regain citizenship under section 313 
INA, the oath shall not be administered.

[Subsec. (d) added at 61 F.R. 29652, June 12, 1996]

                     Subpart C--Loss of Nationality

Sec. 50.40  Certification of loss of U.S. nationality.

    (a) Administrative presumption. In adjudicating potentially 
expatriating acts pursuant to INA 349(a), the Department has 
adopted an administrative presumption regarding certain acts 
and the intent to commit them. U.S. citizens who naturalize in 
a foreign country; take a routine oath of allegiance; or accept 
non-policy level employment with a foreign government need not 
submit evidence of intent to retain U.S. nationality. In these 
three classes of cases, intent to retain U.S. citizenship will 
be presumed. A person who affirmatively asserts to a consular 
officer, after he or she has committed a potentially 
expatriating act, that it was his or her intent to relinquish 
U.S. citizenship will lose his or her U.S. citizenship. In 
other loss of nationality cases, the consular officer will 
ascertain whether or not there is evidence of intent to 
relinquish U.S. nationality.
    (b) Whenever a person admits that he or she had the intent 
to relinquish citizenship by the voluntary and intentional 
performance of one of the acts specified in Section 349(a) of 
the Immigration and Nationality Act, and the person consents to 
the execution of an affidavit to that effect, the diplomatic or 
consular officer shall attach such affidavit to the certificate 
of loss of nationality.
    (c) Whenever a diplomatic or consular officer has reason to 
believe that a person, while in a foreign country, has lost his 
U.S. nationality under any provision of chapter 3 of title III 
of the Immigration and Nationality Act of 1952, or under any 
provision of chapter IV of the Nationality Act of 1940, as 
amended, he shall prepare a certificate of loss of nationality 
containing the facts upon which such belief is based and shall 
forward the certificate to the Department.
    (d) If the diplomatic or consular officer determines that 
any document containing information relevant to the statements 
in the certificate of loss of nationality should not be 
attached to the certificate, the person may summarize the 
pertinent information in the appropriate section of the 
certificate and send the documents together with the 
certificate to the Department.
    (e) If the certificate of loss of nationality is approved 
by the Department, a copy shall be forwarded to the Immigration 
and Naturalization Service, Department of Justice. The 
diplomatic or consular office in which the certificate was 
prepared shall then forward a copy of the certificate to the 
person to whom it relates or his representative.

[Amended at 61 F.R. 29652, June 12, 1996; amended at 63 F.R. 
20315, Apr. 24, 1998]

Sec. 50.50  Renunciation of nationality.

    (a) A person desiring to renounce U.S. nationality under 
section 349(a)(5) of the Immigration and Nationality Act shall 
appear before a diplomatic or consular officer of the United 
States in the manner and form prescribed by the Department. The 
renunciant must include on the form he signs a statement that 
he absolutely and entirely renounces his U.S. nationality 
together with all rights and privileges and all duties of 
allegiance and fidelity thereunto pertaining.
    (b) The diplomatic or consular officer shall forward to the 
Department for approval the oath of renunciation together with 
a certificate of loss of nationality as provided by section 358 
of the Immigration and Nationality Act. If the officer's report 
is approved by the Department, copies of the certificate shall 
be forwarded to the Immigration and Naturalization Service, 
Department of Justice, and to the person to whom it relates or 
his representative.

[Amended at 61 F.R. 29653, June 12, 1996]

Sec. 50.51  Notice of right to appeal.

    When an approved certificate of loss of nationality or 
certificate of expatriation is forwarded to the person to whom 
it relates or his or her representative, such person or 
representative shall be informed of the right to appeal the 
Department's determination to the Board of Appellate Review 
(Part 7 of this Chapter) within one year after approval of the 
certificate of loss of nationality or the certificate of 
expatriation.

[Added 44, F.R. 68827, Nov. 30, 1979; redesignated from sec. 
50.52 at 61 F.R. 29653, June 12, 1996]

                           PART 51--PASSPORTS

    Authority: 22 U.S.C. 211a, as amended; 22 U.S.C. 2651a, 
2671(d)(3), 2714 and 3926; 31 U.S.C. 9701; E.O. 11295, 36 FR 
10603; 3 CFR, 1966-1970 Comp., p. 570; sec. 129, Pub. L. 102-
138, 105 Stat. 661; 8 U.S.C. 1504.

Sec. 51.1  Definitions.

    The following definitions shall be applicable to this part:
    (a) ``United States'' means the continental United States, 
the State of Hawaii, the Commonwealth of Puerto Rico, the 
Virgin Islands of the United States, the Canal Zone, American 
Samoa, Guam and any other islands or territory over which the 
United States exercises jurisdiction.
    (b) ``Department'' means the Department of State of the 
United States of America.
    (c) ``Secretary'' means the Secretary of State.
    (d) ``National'' means a citizen of the United States or a 
noncitizen owing permanent allegiance to the United States.
    (e) ``Passport'' means a travel document issued under the 
authority of the Secretary of State attesting to the identity 
and nationality of the bearer.
    (f) ``Passport Agent'' means a person designated by the 
Department to accept passport applications.
    (g) ``Passport Issuing Office'' means the Passport Office, 
a Passport Agency, a Passport Agent of the Department, or a 
Foreign Service Post authorized to issue passports.
    (h) Designated nationality examiner means a person 
designated under Sec. 50.1(g) of this subchapter.

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
at 31 F.R. 14522, Nov. 11, 1966; 61 F.R. 43312, Aug. 22, 1996]

                           Subpart A--General

Sec. 51.2  Passport issued to nationals only.

    (a) A United States passport shall be issued only to a 
national of the United States (22 U.S.C. 212).
    (b) Unless authorized by the Department no person shall 
bear more than one valid or potentially valid U.S. passport at 
any one time.

[SD-165, 46 F.R. 2343, Jan. 9, 1981]

Sec. 51.3  Types of passports.

    (a) Regular passport. A regular passport is issued to a 
national of the United States proceeding abroad for personal or 
business reasons.
    (b) Official passport. An official passport is issued to an 
official or employee of the U.S. Government proceeding abroad 
in the discharge of official duties. Where appropriate, 
dependents of such persons may be issued official passports.
    (c) Diplomatic passport. A diplomatic passport is issued to 
a Foreign Service Officer, a person in the diplomatic service 
or to a person having diplomatic status either because of the 
nature of his or her foreign mission or by reason of the office 
he or she holds. Where appropriate, dependents of such persons 
may be issued diplomatic passports.

(22 U.S.C 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.4  Validity of passports.

    (a) Signature of bearer. A passport is valid only when 
signed by the bearer in the space designated for his signature.
    (b) Period of validity of a regular passport.
          (1) A regular passport issued on or after February 1, 
        1998, to an applicant 16 years of age or older is valid 
        for 10 years from date of issue unless limited by the 
        Secretary to a shorter period.
          (2) A regular passport issued on or after February 1, 
        1998 to an applicant under the age of 16 years is valid 
        for 5 years from date of issue unless limited by the 
        Secretary to a shorter period.
          (3) The period of validity of a regular passport 
        issued on or after January 1, 19883, and before 
        February 1, 1998, unless limited by the Secretary of 
        State to a shorter period is: 10 years from date of 
        issue if issued to an applicant age 18 or older; five 
        years from date of issue if issued to an applicant 
        under age 18.
          (4) The period of validity of a regular passport 
        issued prior to January 1, 1983, is five years from 
        date of issue.
    (c) Period of validity of an official passport. An official 
passport is normally valid for a period of 5 years from the 
date of issue as long as the bearer maintains the official 
status for which it is issued. It must be returned to the 
Department upon the termination of the bearer's official 
status.
    (d) Period of validity of a diplomatic passport. A 
diplomatic passport issued on or after January 1, 1977 is valid 
for a period of five (5) years or so long as the bearer 
maintains his/her diplomatic status, whichever is shorter. A 
diplomatic passport which has not expired must be returned to 
the Department upon the termination of the bearer's diplomatic 
status or at such other time as the Secretary shall determine. 
Any outstanding diplomatic passport issued before January 1, 
1977 will expire effective December 31, 1977.
    (e) Period of a regular passport issued for no fee. A 
regular passport for which payment of the fee has been excused 
is valid for a period of 5 years from the date of issue unless 
limited by the Secretary to a shorter period.
    (f) Limitation and extension of validity. The validity 
period of any passport may be limited by the Secretary to less 
than the normal validity period. Applications for extension of 
passports limited to less than the normal full validity period 
must be made in writing and must be submitted, with the 
passport, to a passport issuing Office. In no event may a 
passport be extended beyond the normal period of validity 
prescribed for such passport by paragraphs (b) through (e) of 
this section.
    (g) Cancellation of passport endorsed as valid only for 
travel to Israel. The validity of any passport which has been 
issued and endorsed as valid only for travel to Israel is 
cancelled effective April 25, 1992. Where it is determined that 
its continued use is warranted, the validity of such passport 
may be renewed or extended for additional periods of two years 
upon cancellation of the Israel-only endorsement. In no event 
may the validity of such passport be extended beyond the normal 
period of validity prescribed for such passport by paragraphs 
(b) through (e) of this section.

(Sec. 1, 44 Stat. 887; sec. 1, 41 Stat. 750; sec. 2, 44 Stat. 
887; sec. 4, 63 Stat. 111, as amended (22 U.S.C. 211a, 214, 
217a 2658); E.O. 11295, 36 F.R. 10603; 3 CFR 1966-70 Comp. p. 
507)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.594, 33 F.R. 12042, Aug. 24, 1968; Dept. Reg. 
108.734, 42 F.R. 17869, Apr. 4, 1977; Dept. Reg. 108.828, 47 
F.R. 56329, Dec. 16, 1982; 57 F.R. 3282, Jan. 29, 1992; 63 F.R. 
7285, Feb. 13, 1998]

Sec. 51.5  [Reserved]

Sec. 51.6  Mutilation and alteration of passports.

    Any passport which has been materially changed in physical 
appearance or composition, or which includes unauthorized 
changes, obliterations, entries or photographs may be 
invalidated.

Sec. 51.7  Verification of passports.

    When required by the officials of a foreign government, an 
American Foreign Service office may verify a U.S. passport at 
the request of the bearer or of the foreign government.

Sec. 51.8  Cancellaton of previously issued passport.

    (a) Upon applying for a new passport, an applicant shall 
submit for cancellation any previous passport still valid or 
potentially valid.
    (b) If an applicant is unable to produce such a passport 
for cancellation, he or she shall submit a signed statement 
setting forth the circumstances surrounding the disposition of 
the passport and if it is claimed to have been lost, the 
efforts made to recover it. A determination will then be made 
whether to issue a new passport and whether such passport shall 
be limited as to place and periods of validity.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
at 31 F.R. 14521, Nov. 11, 1966; Dept. Reg. 108.838, 49 F.R. 
16989, Apr. 23, 1984]

Sec. 51.9  Passport property of the U.S. Government.

    A passport shall at all times remain the property of the 
United States and shall be returned to the Government upon 
demand.

                         Subpart B--Application

Sec. 51.21General.

    An application for a passport or for an amendment of a 
passport shall be completed upon such forms as may be 
prescribed by the Department. The passport applicant shall 
truthfully answer all questions, and shall state each and every 
material matter of fact, pertaining to his or her eligibility 
for a passport. All information and evidence submitted in 
connection with an application shall be considered a part 
thereof.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.21  Execution of passport application.

    (a) First-time applicants or persons who have not been 
issued a passport within the past fifteen years. A person who 
has never been issued a passport in his or her own name, or who 
has not been issued a passport in his or her own name within 15 
years of the date of a new application, shall appear in person 
before a person authorized by the Secretary to give oaths, 
verify the application by oath or affirmation before that 
authorized person, provide two recent photographs, and pay the 
established fees.
    (b) Persons authorized by the Secretary to give oaths. The 
following persons are authorized by the Secretary to give oaths 
for passport purposes unless withdrawn by the Secretary in an 
individual case:
          (1) A passport agent;
          (2) A clerk of any Federal court;
          (3) A clerk of any State court of record or a judge 
        or clerk of any probate court;
          (4) A postal employee designated by the postmaster at 
        a post office which has been selected to accept 
        passport applications;
          (5) A U.S. citizen employee of the Department of 
        Defense designated by the Secretary of Defense to 
        accept passport applications at a military installation 
        within the continental United States selected to accept 
        passport applications;
          (6) A diplomatic officer, a consular officer, an 
        overseas nationality examiner, a consular agent or a 
        notarial officer abroad; or
          (7) Any other persons specifically designated by the 
        Secretary.
    (c) Persons in the United States who have previously been 
issued a full validity passport. A person in the United States 
who has been issued a passport in his or her own name may 
obtain a new passport by filling out and mailing a specially 
prescribed application together with his or her previous 
passport, two signed recent photographs and the established fee 
to the nearest U.S. passport agency, provided:
          (1) The most recently issued previous passport was 
        issued when the applicant was 16 years of age or older.
          (2) The application is made not more than 15 years 
        following the issue date of the previous passport; \1\
---------------------------------------------------------------------------
    \1\ As published by the Office of the Federal Register, National 
Archives and Records Administration.
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          (3) The most recently issued previous passport is 
        submitted with the new application.
    (d) Persons outside of the United States who have 
previously been issued a full validity passport. In a foreign 
country in which a U.S. consular district has been designated 
by the Secretary to receive such passport applications, a 
person who has been issued a passport in his or her own name 
within 8 years of the date of the new application may obtain a 
new passport by filling out a specially prescribed application 
and sending it (by mail or as prescribed by the Secretary), 
together with his or her previous passport, two recent 
photographs, and the established fee to the consular office in 
the consular district in which he or she is present, provided:
          (1) The most recently issued passport was issued when 
        the applicant was 16 years of age or older.
          (2) The application is made not more than 15 years 
        following the issue fate of the previous passport; \1\
          (3) The most recently issued previous passport is 
        submitted with the new application.
          (4) In a Consular district specifically authorized by 
        the Secretary to waive personal appearance of minors in 
        accordance with this subsection, a U.S. consular 
        officer may waive the age requirement established for 
        use of the mail application, where the consular 
        officers determines that:
                  (i) The minor and, if applicable, the U.S. 
                citizen parent(s) or legal guardian are 
                registered in that consular district;
                  (ii) The minor is not subject to the 
                provisions of subsection 51.27 (c) or (d);
                  (iii) The waiver of the age requirement is 
                otherwise in the interest of consular 
                efficiency; and
                  (iv) The waiver will not otherwise compromise 
                the integrity of the passport application 
                process.

[44 F.R. 19393, Apr. 3, 1979; as amended by SD-165, 46 F.R. 
2343, Jan. 9, 1981; Dept. Reg. 108.804, 46 F.R. 16257, Mar. 12, 
1981; 51 F.R. 20475, June 5, 1986; 55 F.R. 21538, May 25, 1990; 
57 F.R. 59807, Dec. 16, 1992; 61 F.R. 43312, Aug. 22, 1996; 65 
F.R. 39288, June 26, 2000]

Sec. 51.24  [Reserved]

Sec. 51.23  Name of applicant to be used in passport.

    The passport application shall contain the full name of the 
applicant. The applicant shall explain any material 
discrepancies between the name to be placed in the passport and 
the name recited in the evidence to citizenship and identity 
submitted. The passport issuing office may require documentary 
evidence or affidavits of persons having knowledge of the facts 
to support the explanation of the discrepancies.

[SD-165, 46 F.R. 2343, Jan. 9, 1981]

Sec. 51.24  Change of name.

    An applicant whose name has been changed by court order or 
decree shall submit with his or her application a certified 
copy of the order or decree. An applicant who has changed his 
or her name by the adoption of a new name without formal court 
proceedings shall submit with his or her application evidence 
that he or she has publicly and exclusively used the adopted 
name over a long period of time.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.25  Photographs.

    (a) Photographs of bearer. The applicant shall submit with 
his or her application duplicate photographs of the size 
specified in the application. The photographs should be 
sufficiently recent to be a good likeness of and satisfactorily 
identify the applicant. The photographs shall be signed in the 
same manner and form as required in the application.
    (b) Photographs of uniformed personnel. Only applicants who 
are in the active service of the Armed Forces and proceeding 
abroad in the discharge of their duties may submit photographs 
in the uniform of the Armed Forces of the United States.
    (c) Unacceptable photographs. A photograph with a waxed 
back or other coating which lessens adhesiveness is not 
acceptable. Newspaper or magazine pictures, snapshots, or full 
length photographs are not acceptable. Photographs of persons 
in the uniform of a civilian organization, except religious 
dress, will not generally be accepted.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.751, 43 F.R. 1791, Jan. 12, 1978; 44 F.R. 
19394, Apr. 3, 1979; SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. 
Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.26  Incompetents.

    A parent, a legal guardian, or a person in loco parentis 
shall execute a passport application on behalf of a person 
declared incompetent.

Sec. 51.27  Minors.

    (a) Definitions. A minor is an unmarried person under the 
age of 18 years.
    (b) Execution of application for minors. (1) A minor of age 
13 years or above shall execute an application on his or her 
own behalf unless in the judgment of the person before whom the 
application is executed it is not desirable for the minor to 
execute his or her own application. In such case it must be 
executed by a parent or guardian of the minor, or by a person 
in loco parentis. A parent, guardian or person in loco parentis 
shall execute the application for minors under the age of 13 
years. The passport issuing office may require a minor under 
the age of 18 years to obtain and submit the written consent of 
a parent, a legal guardian or a person in loco parentis.
    (2) A parent, a guardian, or person in loco parentis shall 
execute the application for minors under the age of 13 years. 
Applications may be executed by either parent, regardless of 
the parent's citizenship. Permission of or notification to the 
other parent will not be required unless such permission or 
notification is required by a court order registered with the 
Department of State by an objecting parent as provided in 
paragraph (d)(1) of this section.
    (3) The passport issuing office may require a minor under 
the age of 18 years to obtain and submit the written consent of 
a parent, a legal guardian or a person in loco parentis to the 
issuance of the passport.
    (c) Objection by parent, guardian or person in loco 
parentis in cases not involving a custody dispute. At any time 
prior to the issuance of a passport to a minor, the application 
may be disapproved and a passport will be denied upon receipt 
of a written objection from a person having legal custody of 
the minor.
    (d) Objection by parent, guardian or person in loco 
parentis in cases where minors are the subject of a custody 
dispute.
    (1)(i) When there is a dispute concerning the custody of a 
minor, a passport may be denied if the Department has on file a 
court order granted by a court of competent jurisdiction in the 
United States or abroad which: (A) Grants sole custody to the 
objecting parent; or (B) Establishes joint legal custody; or 
(C) Prohibits the child's travel without the permission of both 
parents or the court; or (D) Requires the permission of both 
parents or the court for important decisions, unless permission 
is granted in writing as provided therein. (ii) For passport 
issuance purposes, a court order providing for joint legal 
custody will be interpreted as requiring the permission of both 
parents. The Department will consider a court of competent 
jurisdiction to be a U.S. state court or a foreign court 
located in the child's home state or place of habitual 
residence. Notwithstanding the existence of any such court 
order, a passport may be issued when compelling humanitarian or 
emergency reasons relating to the welfare of the child exist.
    (2) Either parent may obtain information regarding the 
application for and issuance of a passport to a minor unless 
the inquiring parent's parental rights have been terminated by 
a court order which has been register with the appropriate 
office at the Department of State; provided, however, that the 
Department may deny such information to any parent if it 
determines that the minor is of sufficient maturity to assert a 
privacy interest in his/her own right, in which case the 
minor's written consent to disclosure shall be required.
    (3) The Department may require that conflicts regarding 
custody orders, whether domestic or foreign, be settled by the 
appellate court before a passport may be issued.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
at 61 F.R. 6505, Feb. 21, 1996]

Sec. 51.28  Identity of applicant.

    (a) If the applicant is not personally known to the 
official receiving the application he or she shall establish 
his or her identity by the submission of a previous passport, 
other identifying documents or by an identifying witness.
    (b) If an applicant submits an application under the 
provisions of paragraph (c) of Sec. 51.21 he or she must submit 
a prior passport with his or her application.
    (c) Any official receiving an application for a passport or 
any Passport Issuing Office may require such additional 
evidence of identity as may be deemed necessary.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended 
by SD-165, 46 F.R. 2343, Jan. 9, 1981; Dept. Reg. 108.838, 49 
F.R. 16989, Apr. 23, 1984]

Sec. 51.30  Persons unacceptable as witnesses.

    The passport issuing office will not accept as witness to a 
passport application a person who has received or expects to 
receive a fee for his services in connection with executing the 
application or obtaining the passport.

Sec. 51.31  Affidavit of identifying witness.

    (a) An identifying witness shall execute an affidavit 
stating: That he or she resides at a specific address; that he 
or she knows or has reason to believe that the applicant is a 
citizen of the United States; the basis of his or her knowledge 
concerning the applicant; and that the information set out in 
his or her affidavit is true to the best of his or her 
knowledge and belief.
    (b) If the witness has a U.S. passport, he or she shall 
state the place of issue and, if possible, the number and 
approximate date of issue.
    (c) The identifying witness shall subscribe to his or her 
statement before the same person who took the passport 
application.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
at 31 F.R. 14522, Nov. 11, 1966; Dept. Reg. 108.838, 49 F.R. 
16989, Apr. 23, 1984]

Sec. 51.32  Amendment of passports.

    Applicants for amendment of a passport shall be made on 
forms prescribed by the Department.

[SD-165 46 F.R. 2343, Jan. 9, 1981]

Sec. 51.33  Release of passport information.

    Information in passport files is subject to the provisions 
of the Freedom of Information Act (FOIA) and the Privacy Act. 
Release of this information may be requested in accordance with 
the implementing regulations set forth in Subchapter R, Part 
171 or Part 172 of this title.

(22 U.S.C. 2658 and 3926; 5 U.S.C. 552, 552a)

[61 F.R. 29940, June 13, 1996]

         Subpart C--Evidence of U.S. Citizenship or Nationality

Sec. 51.40  Burden of proof.

    The applicant has the burden of proving that he or she and 
any persons to be included in the passport are nationals of the 
United States.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.41  Documentary evidence.

    Every application shall be accompanied by evidence of the 
U.S. nationality of the applicant and of any other person to be 
extended passport services.

Sec. 51.43  Persons born in the United States applying for a passport 
                    for the first time.

    (a) Primary evidence of birth in the United States. A 
person born in the United States in a place where official 
records of birth were kept at the time of his or her birth 
shall submit with the application for a passport a birth 
certificate under the seal of the official custodian of birth 
records. To be acceptable, a certificate must show the full 
name of the applicant place and date of birth, and that the 
record thereof was recorded at the time of birth or shortly 
thereafter.
    (b) Secondary evidence of birth in the United States. If 
the applicant cannot submit primary evidence of birth, he or 
she shall submit the best obtainable secondary evidence. If a 
person was born at a place in the United States when birth 
records were filed, he or she must submit a ``no record'' 
certification from the official custodian of such birth records 
before secondary evidence may be considered. The passport 
issuing office will consider, as secondary evidence, baptismal 
certificates, certificates of circumcision, or other 
documentary evidence created shortly after birth but not more 
than 5 years after birth, and/or affidavits of persons having 
personal knowledge of the facts of the birth.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.685, 38 F.R. 4667, Feb. 20, 1973; as amended by 
Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.44  Persons born abroad applying for a passport for the first 
                    time.

    (a) Naturalization in on right. A person naturalized in his 
or her own right as a U.S. citizen shall submit with his or her 
application his or her certificate of naturalization.
    (b) Derivative citizenship at birth. (1) An applicant who 
claims to have derived citizenship by virtue of his or her 
birth abroad to a U.S. citizen parent or parents may submit his 
or her won certificate of citizenship (Section 1993, Revised 
Statutes, as amended by Act of May 24, 1934; section 201 of the 
Nationality Act of 1940; section 301 of the Immigration and 
Nationality Act of 1952).
    (2) In lieu of a certificate of citizenship, the applicant 
may submit evidence of his or her parent(s)' citizenship at the 
time of his or her birth, and evidence of his or her and his or 
her parent(s)' residence and physical presence in the United 
States. The passport issuing office may require the applicant 
to establish the marriage of his or her parents and/or 
grandparents and his or her relationship to them.
    (c) Derivative citizenship subsequent to birth. (1) An 
applicant who claims U.S. citizenship by virtue of the 
naturalization of his or her parent or parents subsequent to 
his or her birth may submit his or her own certificate of 
citizenship.
    (2) In lieu of a certificate of citizenship the applicant 
may submit the naturalization certificate of the parent or 
parents through whom he or she claims U.S. citizenship. In this 
case, he or she must also show that he or she resided in the 
United States during minority as required by the law under 
which he or she claims citizenship.
    (3) If an applicant claims citizenship through a mother who 
resumed citizenship or parent who was repatriated, he or she 
must submit evidence thereof. The applicant must establish also 
that he or she resided in the United States for the period 
prescribed by law.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

                             Married Women

Sec. 51.45  Marriage to an alien prior to March 2, 1907.

    A woman citizen of the United States who married an alien 
prior to March 2, 1907, did not lose her U.S. citizenship 
unless she acquired as a result of the marriage the nationality 
of her husband and thereafter took up a permanent residence 
abroad prior to September 22, 1922.

Sec. 51.46  Marriage to an alien prior to March 2, 1907, and September 
                    22, 1922.

    (a) A woman citizen of the United States who married an 
alien between March 2, 1907, and September 22, 1922, lost her 
U.S. citizenship, except as provided in paragraph (b) of this 
section. At the termination of the marital relation she could 
resume her U.S. citizenship, if abroad, by registering as a 
U.S. citizen within 1 year with a Consul of the United States, 
or by returning to reside in the United States, or, if resident 
in the United States, by continuing to reside therein. (Section 
3 of the Act of March 2, 1907.)
    (b) A woman citizen of the United States who married an 
alien between April 6, 1917, and July 2, 1921, did not lose her 
citizenship, if the marriage terminated by death or divorce 
prior to July 2, 1921, or if her husband became a U.S. citizen 
prior to that date. She may establish her citizenship by 
proving her U.S. citizenship prior to marriage and the 
termination of the marriage or acquisition of U.S. citizenship 
by her husband prior to July 2, 1921.

Sec. 51.47  Marriage prior to September 22, 1922, to an alien who 
                    acquired U.S. citizenship by naturalization prior 
                    to September 22, 1922.

    A woman citizen of the United States who lost her 
citizenship by virtue of her marriage to an alien between March 
2, 1907, and September 22, 1922, and who reacquired U.S. 
citizenship through the naturalization of her husband prior to 
September 22, 1922, may establish her U.S. citizenship by 
submitting her husband's certificate of naturalization.

Sec. 51.48  Marriage between September 22, 1922, and March 3, 1931, to 
                    an alien ineligible to citizenship.

    A woman citizen of the United States who lost her U.S. 
citizenship by virtue of her marriage to an alien ineligible to 
citizenship between September 22, 1922, and March 3, 1931, but 
who reacquired her citizenship by naturalization in accordance 
with applicable law shall submit with her application her 
certificate of naturalization (sec. 3 of the Act of Mar. 3, 
1931).

Sec. 51.49  Marriage on or after September 22, 1922, to an alien 
                    eligible to naturalization.

    A woman citizen of the United States who on or after 
September 22, 1922, married an alien eligible for 
naturalization did not thereby lose her U.S. citizenship and 
need only submit evidence of her own citizenship before a 
passport issuing office.

Sec. 51.50  Alien born woman--marriage to citizen prior to September 
                    22, 1922.

    An alien woman who acquired U.S. citizenship by virtue of 
her marriage to a citizen of the United States prior to 
September 22, 1922, shall submit with her application evidence 
of her husband's citizenship and of the marriage. (Section 1994 
of the Revised Statutes.)

                Citizenship by Act of Congress or Treaty

Sec. 51.51  Former nationals of Spain or Denmark.

    Former nationals of Spain or Denmark who acquired 
nationality or citizenship of the United States under an act of 
Congress or treaty by virtue of residence in territory under 
the sovereignty of the United States shall submit evidence of 
their former nationality and of their residence in such 
territory.

Sec. 51.52  Citizenship by birth in territory under sovereignty of the 
                    United States.

    A person claiming nationality or citizenship of the United 
States under an act of Congress or treaty by virtue of his or 
her birth in territory under the sovereignty of the United 
States shall submit evidence of his birth in such territory.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.53  Proof of resumption of U.S. citizenship.

    An applicant who claims that he or she resumed U.S. 
citizenship or was repatriated under any of the nationality 
laws of the United States shall submit with the application a 
certificate of naturalization, a certificate of repatriation or 
evidence of the fact that he or she took an oath of allegiance 
in accordance with the applicable provisions of the law. (Act 
of June 29, 1906, as amended by Act of May 9, 1918; Act of June 
25, 1936, as amended by Act of July 2, 1940, sections 317(b) 
and 323 of the Nationality Act of 1940 as amended by Acts of 
April 2, 1942, and August 7, 1946; Act of August 16, 1951, as 
amended by section 402(j) of the Immigration and Nationality 
Act of 1952; sections 324 and 327 of the Immigration and 
Nationality Act of 1952; Act of July 20, 1954).

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.54  Requirement of additional evidence of U.S. citizenship.

    Nothing contained in Sec. Sec. 51.43 through 51.53 shall 
prohibit the Department from requiring an applicant to submit 
other evidence deemed necessary to establish his or her U.S. 
citizenship or nationality.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.55  Return or retention of evidence of citizenship.

    The passport issuing office will generally return to the 
applicant submitted in connection with an application for 
passport facilities. However, the passport issuing office may 
retain evidence when it deems necessary.

                            Subpart D--Fees

    Passport fees in the United States shall be paid in U.S. 
currency or by draft, check, or money order payable to the 
department of State or the Passport Office. Passport fees 
abroad shall be paid in U.S. currency, travelers checks, money 
order, or the equivalent value of the fees in local currency.

[31 F.R. 14522, Nov. 11, 1966]

Sec. 51.61  Passport fees.

    Fees, including execution fees, shall be collected for the 
following passport services in the amounts prescribed in the 
Schedule of Fees for Consular Services (22 CFR 22.1):
    (a) A fee for each passport application filed, which fee 
shall vary depending on whether the passport applicant is a 
first-time applicant or a renewal applicant and on the age of 
the applicant. The passport application fee shall be paid by 
applicants at the time of application, except as provided in 
Sec. 51.62(a), and is not refundable, except as provided in 
Sec. 51.63. However, an applicant's denied application for a 
passport may be reconsidered without the payment of an 
additional passport application fee by the submission of 
adequate documentation within 90 days after the date of a 
notice of denial.
    (b) A fee for execution of the passport application, except 
as provided in Sec. 51.62(b), when the applicant is required to 
execute the application in person before a person authorized to 
administer oaths for passport purposes. This fee shall be 
collected as part of the passport issuance fee at the time of 
application and is not refundable (see 22 CFR 51.65). When 
execution services are provided by an official of a state or 
local government or of the United States Postal Services, the 
fee may be retained by that entity to cover the costs of 
service, pursuant to an appropriate agreement with the 
Department of State.

[63 F.R. 5103, January 30, 1998, as amended at 65 F.R. 14212, 
March 16, 2000]

Sec. 51.62  Exemption from payment of passport or execution fee.

    (a) The following persons are exempt from the payment of 
passport fees:
    (1) An officer or employee of the U.S. proceeding abroad on 
official business, or the members of his or her immediate 
family authorized to accompany or reside with him or her 
abroad. The applicant shall submit evidence of the official 
purpose of his or her travel and if applicable his or her 
authorization to have dependents accompany or reside with him 
or her abroad.
    (2) An American sailor who requires a passport in 
connection with his or her duties aboard an American flag-
vessel.
    (3) A widow, child, parent, brother, or a sister of a 
deceased American service member proceeding abroad to visit the 
grave of such service member.
    (4) An employees of the United Seamen's Service who 
requires a passport for travel to assume or perform duties 
thereof. The applicant shall submit with his or her application 
a letter from the United Seaman's Service certifying that he or 
she is proceeding abroad on official business to provide 
facilities and services for US. merchant seamen.
    (b) No person described in paragraph (a)(1), (2), (3), or 
(4) of this section shall be required to pay an execution fee 
when his or her application is executed before a Federal 
official.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended 
by Dept. Reg. 108.656, 37 F.R. 6053, Mar. 24, 1972; Dept. Reg. 
108.838, 49 F.R. 16989, Apr. 23, 1984; redesignated from sec. 
51.63 at 63 F.R. 5103, Jan. 30, 1998]

Sec. 51.63  Refunds.

    A collected passport application fee shall be refunded:
    (a) To any person exempt from the payment of passport fees 
under Sec. 51.62 from whom fees were erroneously collected.
    (b) For procedures on refunds of $5.00 or less see 
Sec. 22.6(b) of this title.
    (c) The passport expedite fee will be refunded if the 
Passport Agency does not provide the requested expedited 
processing as defined in Sec. 51.66.

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended 
at 52 F.R. 29515, Aug. 10, 1987; 59 F.R. 48999, Sept. 26, 1994; 
redesignated and amended at 63 F.R. 5103, Jan. 30, 1998; 65 
F.R. 14212, Mar. 16, 2000]

Sec. 51.64  Replacement passports.

    A passport issuing office shall issue a replacement 
passport without payment of a fee:
    (a) To correct an error or rectify a mistake of the 
Department.
    (b) When exceptional circumstances exist as determined by 
the Secretary.

[31 F.R. 13540, Oct. 20, 1966; redesignated at 63 F.R. 5103, 
Jan. 30, 1998]

Sec. 51.65  Execution fee not refundable.

    The fee for the execution of a passport application cannot 
be refunded.
[31 F.R. 13540, Oct. 20, 1966; redesignated at 63 F.R. 5103, 
Jan. 30, 1998]

Sec. 51.66  Expedited passport processing.

    (a) Within the United States, an applicant for a passport 
service (including issuance, amendment, extension or the 
addition of visa pages) may request expedited processing by a 
Passport Agency. All requests by applicants for in-person 
services at a Passport Agency shall be considered requests for 
expedited processing, unless the Department has determined that 
the applicant is required to apply at a U.S. Passport Agency.
    (b) Expedited passport processing shall mean completing 
processing within 3-business days commencing when the 
application reaches a Passport Agency or, if the application is 
already with a Passport Agency, commencing when the request for 
expedited processing is approved. The processing will be 
considered completed when the passport is ready to be picked up 
by the applicant or is mailed to the applicant.
    (c) A fee shall be collected for expedited processing 
service in the amount prescribed in the Schedule of Fees for 
Consular Services (22 CFR 22.1). This amount will be in 
addition to any other applicable fee and does not include 
urgent mailing costs, if any.
    (d) A request for expedited processing normally will be 
accepted only if the applicant can document urgent departure 
with airline tickets showing confirmed reservation or similar 
evidence. The Passport Agency may decline to accept the request 
if it is apparent at the time it is made that the request 
cannot be granted.
    (e) The expedite fee may be waived only where the need for 
expedited processing was necessary due to Department error, 
mistake or delay.

[Added by 59 F.R. 49000, Sept. 26, 1994; redesignated and 
amended at 63 F.R. 5103, Jan. 30, 1998]

      Subpart E--Limitation on Issuance or Extension of Passports

Sec. 51.70  Denial of passports.

    (a) A passport, except for direct return to the United 
States, shall not be issued in any case in which the Secretary 
of State determines or is informed by competent authority that:
          (1) The applicant is the subject of an outstanding 
        Federal warrant of arrest for a felony, including a 
        warrant issued under the Federal Fugitive Felon Act (18 
        U.S.C. 1073); or
          (2) The applicant is subject to a criminal court 
        order, condition of probation, or condition of parole, 
        any of which forbids departure from the United States 
        and the violation of which could result in the issuance 
        of a Federal warrant of arrest, including a warrant 
        issued under the Federal Fugitive Felon Act; or
          (3) The applicant is subject to a court order 
        committing him or her to a mental institution; or
          (4) The applicant is the subject of a request for 
        extradition or provisional arrest for extradition which 
        has been presented to the government of a foreign 
        country; or
          (5) The applicant is the subject of a subpoena issued 
        pursuant to section 1783 of title 28, United States 
        Code, in a matter involving Federal prosecution for, or 
        grand jury investigation of, a felony; or
          (6) The applicant has not repaid a loan received from 
        the United States as prescribed under Sec. Sec. 71.10 
        and 71.11 of this chapter; or
          (7) The applicant is in default on a loan received 
        from the United States to effectuate his or her return 
        from a foreign country in the course of travel abroad; 
        or
          (8) The applicant has been certified by the Secretary 
        of Health and Human Services as notified by a State 
        agency under 42 U.S.C. 652(k) to be in arrears of child 
        support in an amount exceeding $5,000.00.
    (b) A passport may be refused in any case in which the 
Secretary of State determines or is informed by competent 
authority that:
          (1) The applicant has not repaid a loan received from 
        the United States to effectuate his or her return from 
        a foreign country in the course of travel abroad; or
          (2) The applicant has been legally declared 
        incompetent unless accompanied on his or her travel 
        abroad by the guardian or other person responsible for 
        the national's custody and well-being; or
          (3) The applicant is under the age of 18 years, 
        unmarried and not in the military service of the United 
        States unless a person having legal custody of such 
        national authorizes issuance of the passport and agrees 
        to reimburse the United States for any monies advanced 
        by the United States for the minor to return to the 
        United States; or
          (4) The Secretary determines that the national's 
        activities abroad are causing or are likely to cause 
        serious damage to the national security or the foreign 
        policy of the United States; or
          (5) The applicant has been the subject of a prior 
        adverse action under this section or Sec. 51.71 and has 
        not shown that a change in circumstances since the 
        adverse action warrants issuance of a passport; or
          (6) The applicant is subject to an order of restraint 
        or apprehension issued by an appropriate officer of the 
        United States Armed Forces pursuant to chapter 47 of 
        title 10 the United States Code.

(Approved by the Office of Management and Budget under control 
number 1405-0077)

[54 F.R. 8531, Mar. 1, 1989; as amended at 62 F.R. 62695, Nov. 
25, 1997]

Sec. 51.71  Denial of passports to certain convicted drug traffickers.

    (a) A passport shall not be issued in any case in which the 
Secretary of State determines or is informed by competent 
authority that the applicant is subject to imprisonment or 
supervised release as the result of a felony conviction for a 
Federal or state drug offense if the individual used a U.S. 
passport or otherwise crossed an international border in 
committing the offense, including a felony conviction arising 
under:
          (1) The Controlled Substances Act (21 U.S.C. 801 et 
        seq.) or the Controlled Substances Import and Export 
        Act (21 U.S.C. 951 et seq.); or
          (2) Any Federal law involving controlled substances 
        as defined in section 802 of the Controlled Substances 
        Act (21 U.S.C. 801 et seq.); or
          (3) The Bank Secrecy Act (31 U.S.C. 5311 et seq.) or 
        the money Laundering Act (18 U.S.C. 1956 et seq.) if 
        the Secretary of State is in receipt of information 
        that supports the determination that the violation 
        involved is related to illicit production of or 
        trafficking in a controlled substance; or
          (4) Any state law involving the manufacture, 
        distribution, or possession of a controlled substance.
    (b) A passport may be refused in any case in which the 
Secretary of State determines or is informed by competent 
authority that the applicant is subject to imprisonment or 
supervised release as the result of a misdemeanor conviction of 
a Federal or state drug offense if the individual used a U.S. 
passport or otherwise crossed an international border in 
committing the offense, other than a first conviction for 
possession of a controlled substance, including a misdemeanor 
conviction arising under:
          (1) The Federal statutes described in Sec. 51.71(a); 
        or
          (2) Any state law involving the manufacture, 
        distribution, or possession of a controlled substance.
    (c) Notwithstanding paragraphs (a) and (b) of this section 
the Secretary of State may issue a passport when the competent 
authority confirms, or the Secretary of State otherwise finds, 
that emergency circumstances or humanitarian reasons exist.

(Approved by the Office of Management and Budget under control 
number 1405-0077)

[54 F.R. 8532, Mar. 1, 1989].

Sec. 51.72  Revocation or restriction of passports.

    A passport may be revoked or restricted or limited where:
    (a) The national would not be entitled to issuance of a new 
passport under Sec. 51.70 or Sec. 51.71; or
    (b) The passport has been obtained by fraud, or has been 
fraudulently altered, or has been fraudulently misused, or has 
been issued in error; or
    (c) The Department of State is notified that a certificate 
of naturalization issued to the applicant for or bearer of the 
passport has been canceled by a federal court.

[54 F.R. 8532, Mar. 1, 1989; as amended at 64 F.R. 19714, Apr. 
22, 1999]

Sec. 51.73  Passports invalid for travel into or through restricted 
                    areas.

    (a) Unless specifically validated therefore, U.S. passports 
shall cease to be valid for travel into or through a country or 
area which the Secretary has determined is:
          (1) A country with which the United States is at war, 
        or
          (2) A country or area where armed hostilities are in 
        progress; or
          (3) A country or area in which there is imminent 
        danger to the public health or physical safety of 
        United States travelers.
    (b) Any determination made under paragraph (a) of this 
section shall be published in the Federal Register along with a 
statement of the circumstances requiring this restriction.
    (c) Unless limited to a shorter period, any such 
restriction shall expire at the end of one year from the date 
of publication of such notice in the Federal Register,unless 
extended or sooner revoked by the Secretary by public notice.

[Dept. Reg. 108.786, 45 F.R. 11128, Feb. 20, 1980; redesignated 
by 54 F.R. 8532, Mar. 1, 1989]

Sec. 51.74  Special validation of passports for travel to restricted 
                    areas.

    (a) A United States National wishing a validation of his 
passport for travel to, in or through a restricted country or 
area may apply for a special validation to the Office of 
Passport Services, a passport agency, or a foreign service post 
authorized to issue passports. The application shall be 
accompanied by evidence that the applicant falls within the 
standards set out in paragraph (c) of this section.
    (b) The Assistant Secretary of State for Consular Affairs 
or an authorized designee of that official shall decide whether 
or not to grant a special validation. The special validation 
shall be granted only when such action is determined to be in 
the national interest of the United States.
    (c) An application may be considered if:
          (1) The applicant is a professional reporter, the 
        purpose of whose trip is to obtain, and make available 
        to the public, information about the restricted area; 
        or
          (2) The applicant is a representative of the American 
        Red Cross; or
          (3) The applicant establishes that his or her trip is 
        justified by compelling humanitarian considerations; or
          (4) The applicant's request is otherwise in the 
        national interest.

(Sec. 1, 44 Stat. 887, as amended (22 U.S.C. 211a); sec. 4, 63 
Stat. 111, as amended (22 U.S.C. 2658); E.O. 11295, 36 F.R. 
10603; 3 CFR 1966-70 Comp., 507; E.O. 12211, 45 F.R. 26685)

[Dept. Reg. 108.790, 45 F.R. 30619, May 9, 1980; redesignated 
by 54 F.R. 8532, Mar. 1, 1989]

Sec. 51.75  Notification of denial or withdrawal of passport.

    Any person whose application for issuance of a passport has 
been denied, or who has otherwise been the subject of an 
adverse action taken on an individual basis with respect to his 
or her right to receive or use a passport shall be entitled to 
notification in writing of the adverse action. The notification 
shall set forth the specific reasons for the adverse action and 
the procedures for review available under Sec. 51.81 through 
51.105.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.594, 33 F.R. 12043, Aug. 24, 1968; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.76  Surrender of passport.

    The bearer of a passport which is revoked shall surrender 
it to the Department or its authorized representative upon 
demand and upon his or her refusal to do so such passport may 
be invalidated by notifying the bearer in writing of the 
invalidation.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

         Subpart F--Procedures for Review of Adverse Action\2\

Sec. 51.80  Applicability of Sec. Sec. 51.81 through 51.89.

    (a) The provisions of Sec. Sec. 51.81 through 51.89 do not 
apply to any action of the Secretary of State taken on an 
individual basis in denying, restricting, revoking, or 
invalidating a passport or in any other way adversely affecting 
the ability of a person to receive or use a passport except 
action taken by reason of:
---------------------------------------------------------------------------
    \2\ Sections 51.90 through 51.105 were removed by 44 F.R. 68827 
(November 30, 1979).
---------------------------------------------------------------------------
          (1) Noncitizenship,
          (2) Refusal under the provisions of Sec. 51.70(a)(8),
          (3) Refusal to grant a discretionary exception under 
        the emergency or humanitarian relief provisions of 
        Sec. 51.71(c), or
          (4) Refusal to grant a discretionary exception from 
        geographical limitations of general applicability.
    (b) The provisions of this subpart shall otherwise 
constitute the administrative remedies provided by the 
Department to persons who are the subject of adverse action 
under Sec. Sec. 51.70, 51.71 or Sec. 51.72.

[65 F.R. 39288, June 26, 2000]

Sec. 51.81  Time limits on hearing to review adverse action.

    A person who has been the subject of an adverse action with 
respect to his or her right to receive or use a passport shall 
be entitled, upon request made within 60 days after receipt of 
notice of such adverse action, to require the Department or the 
appropriate Foreign Service post, as the case may be, to 
establish the basis for its action in a proceeding before a 
hearing officer. If no such request is made within 60 days, the 
adverse action will be considered final and not subject to 
further administrative review. If such request is made within 
60 days the adverse action shall be automatically vacated 
unless such proceeding is initiated by the Department or the 
appropriate Foreign Service post, as the case may be within 60 
days after request, or such longer period as is requested by 
the person adversely affected and agreed to by the hearing 
officer.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.82  Notice of hearing.

    The person adversely affected shall receive not less than 5 
business days' notice in writing of the scheduled date and 
place of the hearing.

Sec. 51.83  Functions of the hearing officer.

    The hearing officer shall act on all requests for review 
under Sec. 51.81. He shall make findings of fact and submit 
recommendations to the Deputy Assistant Secretary for Passport 
Services in the Bureau of Consular Affairs. In making his or 
her findings and recommendations, the hearing officer shall not 
consider confidential security information unless that 
information is made available to the person adversely affected 
and is made part of the record of the hearing.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984; 64 F.R. 
19715, Apr. 22, 1999]

Sec. 51.84  Appearance at hearing.

    The person adversely affected may appear at the hearing in 
person or with his or her attorney, or by his or her attorney. 
The attorney must be admitted to practice in any State of the 
United States, the District of Columbia, or any territory or 
possession of the United States or be admitted to practice 
before the courts of the country in which the hearing is to be 
held.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.637, 36 F.R. 9068, May 19, 1971; as amended by 
Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984; 64 F.R. 
19715, Apr. 22, 1999]

Sec. 51.85  Proceedings before the hearing officer.

    The person adversely affected may appear and testify in his 
or her own behalf and may himself, or by his or her attorney, 
present witnesses and offer other evidence and make argument. 
If any witness whom the person adversely affected wishes to 
call is unable to appear in person, the hearing officer may, in 
his or her discretion, accept an affidavit by the witness or 
order evidence to be taken by deposition. The person adversely 
affected shall be entitled to be informed of all the evidence 
before the hearing officer and of the source of such evidence, 
and shall be entitled to confront and cross-examine any adverse 
witness. The person shall, upon request by the hearing officer, 
confirm his or her oral statements in an affidavit for the 
record.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540. Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.86  Admissibility of evidence.

    The person adversely affected and the Department may 
introduce such evidence as the hearing officer deems proper. 
Formal rules of evidence shall not apply, but reasonable 
restrictions shall be imposed as to relevancy, competency and 
materiality of evidence presented.

Sec. 51.87  Privacy of hearing.

    The hearing shall be private. There shall be present at the 
hearing only the person adversely affected, his or her 
attorney, the hearing officer, official stenographers, 
employees of the Department directly concerned with the 
presentation of the case, and the witnesses. Witnesses shall be 
present at the hearing only while actually giving testimony or 
when otherwise directed by the hearing officer.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.88  Transcript of hearing.

    A complete verbatim stenographic transcript shall be made 
of the hearing by a qualified reporter, and the transcript 
shall constitute a permanent part of the record. Upon request, 
the appellant or his or her counsel shall be entitled to 
inspect the complete transcript and to purchase a copy thereof.

(22 U.S.C. 2658 and 3926)

[Dept. Reg. 108.541, 31 F.R. 13540, Oct. 20, 1966; as amended 
by Dept. Reg. 108.838, 49 F.R. 16989, Apr. 23, 1984]

Sec. 51.89  Decision of Deputy Assistant Secretary for Passport 
                    Services.

    The person adversely affected shall be promptly notified in 
writing of the decision of the Deputy Assistant Secretary for 
Passport Services, and, if the decision is adverse to that 
person, the notification shall state the reasons for the 
decision. The notification shall also state that the adversely 
affected person may request reconsideration within 60 days from 
the date of the notice of the adverse action. If no request is 
made within that period, the decision is considered final and 
not subject to further administrative review; a decision on a 
request for reconsideration is also administratively final. 
Nothing in this section, however, shall be considered to bar 
the adversely affected person from submitting a new passport 
application as provided for in subparts B through D of this 
part.

[64 F.R. 19715, Apr. 22, 1999]

                           PART 52--MARRIAGES

Sec.

52.1 Celebration of marriage.
52.2 Authentication of marriage and divorce documents.
52.3 Certification as to marriage laws.

    Authority: Sec. 4, 63 Stat. 111, as amended; 22 U.S.C. 
2658.
    Source: Dept. Reg. 108.541, 31 F.R. 13546, Oct. 20, 1966, 
unless otherwise noted.

Sec. 52.1 Celebration of marriage.

    Foreign Service officers are forbidden to celebrate 
marriages.

Sec. 52.2 Authentication of marriage and divorce documents.

    (a) Whenever a consular officer is requested to 
authenticate the signature of local authorities on a document 
of marriage when he was not a witness to the marriage, he shall 
include in the body of his certificate of authentication the 
qualifying statement, ``For the contents of the annexed 
document, the Consulate (General) assumes no responsibility.''
    (b) A consular officer shall include the same statement in 
certificates of authentication accompanying decrees of divorce.

[31 F.R. 13546, Oct. 20, 1966; redesignated by 51 F.R. 26247, 
July 22, 1986]

Sec. 52.3 Certification as to marriage laws.

    Although a consular officer may have knowledge respecting 
the laws of marriage, he shall not issue any official 
certificate with respect to such laws.

[31 F.R. 13546, Oct. 20, 1966; redesignated by 51 F.R. 26247, 
July 22, 1986]

PART 53--TRAVEL CONTROL OF CITIZENS OF UNITED STATES IN TIME OF WAR OR 
                           NATIONAL EMERGENCY

Sec.

53.1 Passport requirement.
53.2 Exceptions.
53.3 Attempt of a citizen to enter without a valid passport.
53.4 Optional use of a valid passport.

    Authority: 8 U.S.C. 1185. Proc. 3004, 18 F.R. 489; 3 CFR, 
1949-1953 Comp., p. 180.
    Source: Dept. Reg. 108.541, 31 F.R. 13546, Oct. 20, 1966, 
unless otherwise noted.

Sec. 53.1 Passport requirement.

    Under section 215(b) of the Immigration and Nationality Act 
(8 U.S.C. 1185(b), it is unlawful except as otherwise provided 
for any citizen of the United States to depart from or enter, 
or attempt to depart from or enter, the United States without a 
valid passport.

Sec. 53.2 Exceptions.

    A U.S. citizen is not required to bear a valid passport to 
enter or depart the United States:
          (a) When traveling directly between parts of the 
        United States as defined in Sec. 50.1 of this chapter;
          (b) When traveling between the United States and any 
        country, territory, or island adjacent thereto in 
        North, South or Central America excluding Cuba; 
        provided, that this exception is not applicable to any 
        such person when proceeding to or arriving from a place 
        outside the United States for which a valid passport is 
        required under this part if such travel is accomplished 
        within 60 days of departure from the United States via 
        any country or territory in North, South or Central 
        America or any island adjacent thereto;
          (c) When traveling as a bona fide seaman or air 
        crewman who is the holder of record of a valid merchant 
        mariner identification document or air crewman 
        identification card;
          (d) When traveling as a member of the Armed Forces of 
        the United States on active duty;
          (e) When he is under 21 years of age and is a member 
        of the household of an official or employee of a 
        foreign government or of the United Nations and is in 
        possession of or included in a foreign passport;
          (f) When he is a child under 12 years of age and is 
        included in the foreign passport of an alien parent; 
        however, such child will be required to provide 
        evidence of his U.S. citizenship when entering the 
        United States;
          (g) When the citizen entering the United States 
        presents a card of identity and registration issued by 
        a consular office abroad to facilitate travel to the 
        United States; or
          (h) When specifically authorized by the Secretary of 
        State through appropriate official channels to depart 
        from or enter the United States, as defined in 
        Sec. 50.1 of this chapter. The fee for a waiver of the 
        passport requirement under this section shall be 
        collected in the amount prescribed in the Schedule of 
        Fees for Consular Services (22 CFR 22.1).

[Dept. Reg. 108.541, 31 F.R. 13546, Oct. 20, 1966; as amended 
by Dept. Reg. 108.666, 37 F.R. 11459, June 8, 1972; 51 F.R. 
26247, July 22, 1986]

Sec. 53.3 Attempt of a citizen to enter without a valid passport.

    The appropriate officer at the port of entry shall report 
to the Secretary of State for the purpose of invoking the 
waiver provisions of Sec. 53.2(h), any citizen of the United 
States who attempts to enter the United States contrary to the 
provisions of this part.

Sec. 53.4 Optional use of a valid passport.

    Nothing in this part shall be construed to prevent a 
citizen from using a valid passport in a case in which that 
passport is not required by this Part 53, provided such travel 
is not otherwise prohibited.
                        c. Passport Limitations

                  (1) Allegiance to the United States

   Act of July 14, 1902 [R.S. Sec. 4076], 32 Stat. 386; 22 U.S.C. 212

    No passport shall be granted or issued to or verified for 
any other persons than those owing allegiance, whether citizens 
or not, to the United States.
                      (2) Application for Passport

 Partial text of Act of June 15, 1917 [H.R. 291], 40 Stat. 217 at 227; 
22 U.S.C. 213, as amended by Public Law 90-428 [S. 1418], 82 Stat. 446, 
                         approved July 26, 1968

    Section 1. Before a passport is issued to any person by or 
under authority of the United States such person shall 
subscribe to and submit a written application which shall 
contain a true recital of each and every matter of fact which 
may be required by law or by any rules authorized by law to be 
stated as a prerequisite to the issuance of any such passport. 
If the applicant has not previously been issued a United States 
passport, the application shall be duly verified by his oath 
before a person authorized and empowered by the Secretary of 
State to administer oaths.


          Note.--See, however, Woodward v. Rogers, 344 F. Supp. 
        974 (D.C.D.C. 9 1972); aff., 486 F. 2d 1317 (D.C. Cir. 
        1973).


                                (3) Fees

Partial text of the Act of June 4, 1920 \1\ [H.R. 11960], 41 Stat. 739 
at 750; 22 U.S.C. 214, as amended by Public Law 84-403 [H.R. 5844], 70 
 Stat. 11, approved February 10, 1956; Public Law 90-428 [S. 1418], 82 
Stat. 446, approved July 26, 1968; Public Law 92-14 [S. 531], 85 Stat. 
  38, approved May 14, 1971; Public Law 93-417 [H.R. 15172], 88 Stat. 
  1151, approved September 17, 1974; Public Law 97-241 [Department of 
State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 
273 at 279, approved August 24, 1982; Public Law 104-208 [Department of 
 State and Related Agencies Appropriations Act, 1997; title IV of sec. 
101(a) of title I of the Omnibus Consolidated Appropriations Act, 1997; 
H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and by Public 
 Law 106-113 [Admiral James W. Nance and Meg Donovan Foreign Relations 
 Authorization Act, Fiscal Years 2000 and 2001, H.R. 3427, enacted by 
 reference in sec. 1000(a)(7) of H.R. 3194], 113 Stat. 1536, approved 
                           November 29, 1999

    There shall be collected and paid into the Treasury of the 
United States a fee, prescribed by the Secretary of State by 
regulation, for the filing of each application for a passport 
(including the cost of passport issuance and use) \2\ and a 
fee, prescribed by the Secretary of State by regulation, for 
executing each such application;\3\ except that the Secretary 
of State may by regulation authorize State officials or the 
United States Postal Service to collect and retain the 
execution fee for each application for a passport accepted by 
such officials or by that Service.\4\, \5\ Such fees 
shall not be refundable, except as the Secretary may by 
regulation prescribe.\6\ No passport fee shall be collected 
from an officer or employee of the United States proceeding 
abroad in the discharge of official duties, or from members of 
his immediate family; from an American seaman who requires a 
passport in connection with his duties aboard an American-flag 
vessel; or from a widow, child, parent, brother, or sister of a 
deceased member of the Armed Forces proceeding abroad to visit 
the grave of such member. No execution fee shall be collected 
for an application made before a Federal official by a person 
excused from payment of the passport fee under this section.
---------------------------------------------------------------------------
    \1\ Often referred to as the Passport Act, or the Passport Act of 
June 4, 1920. Sec. 233(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536) struck out sec. 4 of this Act (22 U.S.C. 216), 
``effective on the date of issuance of final regulations under section 
1 of the Passport Act of June 4, 1920, as amended''. Sec. 4 had 
provided as follows:
    ``Whenever the appropriate officer within the United States of any 
foreign country refuses to visa a passport issued by the United States, 
the Department of State is authorized upon request in writing and the 
return of the unused passport within six months from the date of issue 
to refund to the person to whom the passport was issued the fees which 
have been paid to Federal officials, and the money for that purpose is 
appropriated and direct to be paid upon the order of the Secretary of 
State.''.
    \2\ Sec. 233(a)(1)(A) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``each passport issued'' and inserted in 
lieu thereof ``the filing of each application for a passport (including 
the cost of passport issuance and use)''. The amendment is ``effective 
on the date of issuance of final regulations under section 1 of the 
Passport Act of June 4, 1920, as amended'', pursuant to sec. 233(c) of 
the Nance/Donovan Act.
    \3\ Sec. 233(a)(1)(B) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``each application for a passport'' and 
inserted in lieu thereof ``each such application''. The amendment is 
``effective on the date of issuance of final regulations under section 
1 of the Passport Act of June 4, 1920, as amended'', pursuant to sec. 
233(c) of the Nance/Donovan Act.
    \4\ Sec. 116(a) of Public Law 97-241 (96 Stat. 279) amended and 
restated this sentence. Previously, this sentence established a fee of 
$10 for each passport issued in addition to the fee prescribed by the 
Secretary of State for executing each application. Sec. 407(1) of the 
Department of State Appropriations Act, 1997 (title IV of sec. 101(a) 
of title I of Public Law 104-208; 110 Stat. 3009), added ``; except 
that the Secretary of State may by regulation authorize State officials 
or the United States Postal Service to collect and retain the execution 
fee for each application for a passport accepted by such officials or 
by that Service''.
    \5\ Sec. 407(2) of the Department of State Appropriations Act, 1997 
(title IV of sec. 101(a) of title I of Public Law 104-208; 110 Stat. 
3009), struck out a sentence after this point, which read: ``Nothing 
contained in this section shall be construed to limit the right of the 
Secretary of State by regulation (1) to authorize State officials to 
collect and retain the execution fee, or (2) to transfer to the United 
States Postal Service the execution fee for each application accepted 
by that Service.''.
    \6\ Sec. 233(a)(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added this sentence. The amendment is ``effective on 
the date of issuance of final regulations under section 1 of the 
Passport Act of June 4, 1920, as amended'', pursuant to sec. 233(c) of 
the Nance/Donovan Act.
                   (4) Ten Year Validity of Passport

Partial text of the Act of July 3, 1926 [H.R. 12495], 44 Stat. 887; 22 
  U.S.C. 217a, as amended by Public Law 71-488 [H.R. 10826], 46 Stat. 
  839, approved July 1, 1930; Public Law 72-136 [H.R. 9393], 47 Stat. 
157, approved May 16, 1932; Public Law 86-267 [S. 1973], 73 Stat. 552, 
approved September 14, 1959; Public Law 90-428 [S. 1418], 82 Stat. 446, 
 approved July 26, 1968; and by Public Law 97-241 [Department of State 
 Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 273 
                    at 279, approved August 24, 1982

    Sec. 2.\1\ A passport shall be valid for a period of ten 
years from the date of issue, except that the Secretary of 
State may limit the validity of a passport to a period of less 
than ten years in an individual case or on a general basis 
pursuant to regulation.
---------------------------------------------------------------------------
    \1\ Sec. 116(b) of Public Law 97-241 (96 Stat. 279) amended and 
restated sec. 2 and applied only to passports issued after the date of 
enactment of Public Law 97-241 (August 24, 1982). Formerly, sec. 2 had 
provided that a passport would be valid for 5 years.
           d. Travel Documentation of Aliens and Citizens \1\

 Partial text of Public Law 82-414 [Immigration and Nationality Act of 
 1952; H.R. 5678], 66 Stat. 190, approved June 27, 1952; as amended by 
  Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 
   1979; H.R. 12598], 92 Stat. 963 at 992, approved October 7, 1978; 
 Public Law 103-416 [Immigration and Nationality Technical Corrections 
   Act of 1994; H.R. 783], 108 Stat. 4305, approved October 25, 1994

          * * * * * * *
    Sec. 215.\2\ (a) Unless otherwise ordered by the President, 
it shall be unlawful-- \3\
---------------------------------------------------------------------------
    \1\ See also ``Privileges and Immunities'' in sec. H.
    \2\ 8 U.S.C. 1185.
    \3\ Sec. 707 of Public Law 95-426 (92 Stat. 992) struck out the 
words to this point in sec. 215(a) and added this phrase.
---------------------------------------------------------------------------
          (1) for any alien to depart from or enter or attempt 
        to depart from or enter the United States except under 
        such reasonable rules, regulations, and orders, and 
        subject to such limitations and exceptions as the 
        President may prescribe;
          (2) for any person to transport or attempt to 
        transport from or into the United States another person 
        with knowledge or reasonable cause to believe that the 
        departure or entry of such other person is forbidden by 
        this section;
          (3) for any person knowingly to make any false 
        statement in an application for permission to depart 
        from or enter the United States with intent to induce 
        or secure the granting of such permission either for 
        himself or for another;
          (4) for any person knowingly to furnish or attempt to 
        furnish or assist in furnishing to another a permit or 
        evidence of permission to depart or enter not issued 
        and designed for such other person's use;
          (5) for any person knowingly to use or attempt to use 
        any permit or evidence of permission to depart or enter 
        not issued and designed for his use;
          (6) for any person to forge, counterfeit, mutilate, 
        or alter, or cause or procure to be forged, 
        counterfeited, mutilated, or altered, any permit or 
        evidence of permission to depart from or enter the 
        United States;
          (7) for any person knowingly to use or attempt to use 
        or furnish to another for use any false, forged, 
        counterfeited, mutilated, or altered permit, or 
        evidence of permission, or any permit or evidence of 
        permission which, though originally valid, has become 
        or been made void or invalid.
    (b) \4\ Except as otherwise provided by the President and 
subject to such limitations and exceptions as the President may 
authorize and prescribe, it shall be unlawful for any citizen 
of the United States to depart from or enter, or attempt to 
depart from or enter, the United States unless he bears a valid 
United States \5\ passport.
---------------------------------------------------------------------------
    \4\ Subsec. (b) was amended and restated by sec. 707(b) of Public 
Law 95-426 (92 Stat. 992).
    \5\ Sec. 204(a) of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4311) inserted 
``United States'' after ``valid'', effective on or after October 25, 
1994, for any departures and entries (and attempts thereof).
---------------------------------------------------------------------------
    (c) \6\ The term ``United States'' as used in this section 
includes the Canal Zone, and all territory and waters, 
continental or insular, subject to the jurisdiction of the 
United States. The term ``person'' as used in this section 
shall be deemed to mean by individual, partnership, 
association, company, or other incorporated body of 
individuals, or corporation, or body politic.
---------------------------------------------------------------------------
    \6\ Sec. 707(d) of Public Law 95-426 (92 Stat. 993) struck out 
subsec. (c) and redesignated subsecs. (d), (e), (f), and (g) as 
subsecs. (c), (d), (e), and (f), respectively.
---------------------------------------------------------------------------
    (d) \6\ Nothing in this section shall be construed to 
entitle an alien to whom a permit to enter the United States 
has been issued to enter the United States, if upon arrival in 
the United States, he is found to be inadmissible under any of 
the provisions of this Act, or any other law, relating to the 
entry of aliens into the United States.
    (e) \6\ The revocation of any \7\ rule, regulation, or 
order issued in pursuance of this section shall not prevent 
prosecution, for any offense committed, or the imposition of 
any penalties or forfeitures, liability for which was incurred 
under this section prior to the revocation of such \7\ rule, 
regulation, or order.
---------------------------------------------------------------------------
    \7\ Sec. 707(c) of Public Law 95-426 (92 Stat. 993) struck out the 
word ``proclamation'' which previously appeared at this point.
---------------------------------------------------------------------------
    (f) \6\ Passports, visas, reentry permits, and other 
documents required for entry under this Act may be considered 
as permits to enter for the purposes of this section.
                         e. Criminal Provisions

                       (1) Punishable Violations

  18 U.S.C. 1541-1546, as added by Public Law 80-772 [H.R. 3190], 62 
  Stat. 683 at 771, approved June 25, 1948; and amended by the Act of 
   June 27, 1952 (66 Stat. 275); Public Law 94-550 (90 Stat. 2535), 
approved October 18, 1976; Public Law 99-603 (100 Stat. 3380), approved 
November 6, 1986; Public Law 100-525 (102 Stat. 2610), approved October 
 24, 1988; Public Law 101-647 (104 Stat. 4926), approved November 29, 
1990; Public Law 103-322 [Violent Crime Control and Enforcement Act of 
 1994; H.R. 3355], 108 Stat. 1796, approved September 13, 1994; Public 
 Law 104-208 [Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996; division C of the Omnibus Consolidated Appropriations Act, 
 1996; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and by 
  Public Law 104-294 [Economic Espionage Act of 1996; H.R. 3723], 110 
                 Stat. 3488, approved October 11, 1996

Sec. 1541. Issuance Without Authority.

    Whoever, acting or claiming to act in any office or 
capacity under the United States, or a State,\1\ without lawful 
authority grants, issues, or verifies any passport or other 
instrument in the nature of a passport to or for any person 
whomsoever; or
---------------------------------------------------------------------------
    \1\ Sec. 607(n)(1) of the Economic Espionage Act of 1996 (Public 
Law 104-294; 110 Stat. 3512) struck out ``or possession'' after ``or a 
State''.
---------------------------------------------------------------------------
    Whoever, being a consular officer authorized to grant, 
issue, or verify passports, knowingly and willfully grants, 
issues, or verifies any such passport to or for any person not 
owing allegiance, to the United States, whether a citizen or 
not--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense),\2\ or both.
---------------------------------------------------------------------------
    \2\ Sec. 211(a)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 
3009) struck out ``imprisoned not more than ten years'' and inserted in 
lieu thereof ``imprisoned not more than 25 years (if the offense was 
committed to facilitate an act of international terrorism (as defined 
in section 2331 of this title)), 20 years (if the offense was committed 
to facilitate a drug trafficking crime (as defined in section 929(a) of 
this title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an act of 
international terrorism or a drug trafficking crime), or 15 years (in 
the case of any other offense)''.
    Previously, sec. 130009(a) of Public Law 103-322 (108 Stat. 2030) 
struck out ``not more than $500 or imprisoned not more than one year'' 
and inserted in lieu thereof ``under this title, imprisoned not more 
than ten years''.
    Sec. 330016(1)(G) of the same Act also struck out ``not more than 
$500'' and inserted in lieu thereof ``under this title'', throughout 
title 18 U.S.C.
---------------------------------------------------------------------------
    For \3\ purposes of this section, the term ``State'' means 
a State of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.
---------------------------------------------------------------------------
    \3\ Sec. 607(n)(2) of the Economic Espionage Act of 1996 (Public 
Law 104-294; 110 Stat. 3512) added this paragraph.
---------------------------------------------------------------------------

Sec. 1542. False Statement in Application and Use of Passport.

    Whoever willfully and knowingly makes any false statement 
in an application for passport with intent to induce or secure 
the issuance of a passport under the authority of the United 
States, either for his own use or the use of another, contrary 
to the laws regulating the issuance of passports or the rules 
prescribed pursuant to such laws; or
    Whoever willfully and knowingly uses, or attempts to use, 
or furnishes to another for use any passport the issue of which 
was secured in any way by reason of any false statement--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense),\4\ or both.
---------------------------------------------------------------------------
    \4\ Sec. 211(a)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 
3009) struck out ``imprisoned not more than ten years'' and inserted in 
lieu thereof ``imprisoned not more than 25 years (if the offense was 
committed to facilitate an act of international terrorism (as defined 
in section 2331 of this title)), 20 years (if the offense was committed 
to facilitate a drug trafficking crime (as defined in section 929(a) of 
this title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an act of 
international terrorism or a drug trafficking crime), or 15 years (in 
the case of any other offense)''.
    Previously, sec. 130009(a)(2) of Public Law 103-322 (108 Stat. 
2030) struck out ``not more than $2,000 or imprisoned not more than 
five years'' in secs. 1542, 1543, and 1544, and inserted in lieu 
thereof ``under this title, imprisoned not more than 10 years''.
    Sec. 330016(1)(I) of the same Act also struck out ``not more than 
$2,000'' and inserted in lieu thereof ``under this title'', throughout 
title 18 U.S.C.
---------------------------------------------------------------------------

Sec. 1543. Forgery or False Use of Passport.

    Whoever falsely makes, forges, counterfeits, mutilates, or 
alters any passport or instrument purporting to be a passport, 
with intent that the same may be used; or
    Whoever willfully and knowingly uses, or attempts to use, 
or furnishes to another for use any such false, forged, 
counterfeited, mutilated, or altered passport or instrument 
purporting to be a passport, or any passport validly issued 
which has become void by the occurrence of any condition 
therein prescribed invalidating the same--
    Shall be fined not under this title, imprisoned not more 
than 25 years (if the offense was committed to facilitate an 
act of international terrorism (as defined in section 2331 of 
this title)), 20 years (if the offense was committed to 
facilitate a drug trafficking crime (as defined in section 
929(a) of this title)), 10 years (in the case of the first or 
second such offense, if the offense was not committed to 
facility such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense),\4\ or both.

Sec. 1544. Misuse of Passport.

    Whoever willfully and knowingly uses, or attempts to use, 
any passport issued or designed for the use of another; or
    Whoever willfully and knowingly uses, or attempts to use, 
any passport in violation of the conditions or restrictions 
therein contained or of the rules prescribed pursuant to the 
laws regulating the issuance of passports; or
    Whoever willfully and knowingly furnishes, disposes of, or 
delivers a passport to any person, for use by another than the 
person for whose use it was originally issued and designed--
    Shall be fined under this title, imprisoned not more than 
25 years (if the offense was committed to facilitate an act of 
international terrorism (as defined in section 2331 of this 
title)), 20 years (if the offense was committed to facilitate a 
drug trafficking crime (as defined in section 929(a) of this 
title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an 
act of international terrorism or a drug trafficking crime), or 
15 years (in the case of any other offense),\4\ or both.

Sec. 1545. Safe Conduct Violation.

    Whoever violates any safe conduct or passport duly obtained 
and issued under authority of the United States shall be fined 
under this title, imprisoned not more than 10 years,\5\ or 
both.
---------------------------------------------------------------------------
    \5\ Sec. 130009(a)(3) of Public Law 103-322 (108 Stat. 2030) struck 
out ``not more than $2,000 or imprisoned not more than three years'' 
and inserted in lieu thereof ``under this title, imprisoned not more 
than 10 years''.
    Sec. 330016(1)(I) of the same Act also struck out ``not more than 
$2,000'' and inserted in lieu thereof ``under this title'', throughout 
title 18 U.S.C.
---------------------------------------------------------------------------

Sec. 1546. Fraud and Misuse of Visas, Permits, and Other Documents.\6\
---------------------------------------------------------------------------

    \6\ Public Law 99-603, as amended by Public Law 100-525, 
substituted ``Other Documents'' in lieu of ``Other Entry Documents'' in 
section catchline.
    The Act of June 27, 1952, made this section applicable to entry 
documents other than visas and permits.
---------------------------------------------------------------------------
    (a) \7\ Whoever knowingly forges, counterfeits, alters, or 
falsely makes any immigrant or nonimmigrant visa, permit, 
border crossing card, alien registration receipt card, or other 
document prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States,\8\ or utters, uses, attempts to use, possesses, 
obtains, accepts, or receives any such visa, permit, border 
crossing card, alien registration receipt card, or other 
document prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States,\8\ knowing it to be forged, counterfeited, altered, or 
falsely made, or to have been procured by means of any false 
claim or statement, or to have been otherwise procured by fraud 
or unlawfully obtained; or
---------------------------------------------------------------------------
    \7\ Public Law 99-603, as amended by Public Law 100-525, designated 
existing text as subsec. (a), and added subsecs. (b) and (c).
    \8\ Public Law 99-603, as amended by Public Law 100-525, 
substituted ``permit, border crossing card, alien registration receipt 
card, or other document prescribed by statute or regulation for entry 
into or as evidence of authorized stay or employment in the United 
States'' in lieu of ``or other document required for entry into the 
United States'' and in lieu of ``or document'' in first paragraph.
---------------------------------------------------------------------------
    Whoever, except under direction of the Attorney General or 
the Commissioner of the Immigration and Naturalization Service, 
or other proper officer, knowingly possesses any blank permit, 
or engraves, sells, brings into the United States, or has in 
his control or possession any plate in the likeness of a plate 
designed for the printing of permits, or makes any print, 
photograph, or impression in the likeness of any immigrant or 
nonimmigrant visa, permit or other document required for entry 
into the United States, or has in his possession a distinctive 
paper which has been adopted by the Attorney General or the 
Commissioner of the Immigration and Naturalization Service for 
the printing of such visas, permits, or documents; or
    Whoever, when applying for an immigrant or nonimmigrant 
visa, permit, or other document required for entry into the 
United States, or for admission to the United States personates 
another, or falsely appears in the name of a deceased 
individual, or evades or attempts to evade the immigration laws 
by appearing under an assumed or fictitious name without 
disclosing his true identity, or sells or otherwise disposes 
of, or offers to sell or otherwise dispose of, or utters, such 
visa, permit, or other document, to any person not authorized 
by law to receive such document; or
    Whoever knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, United 
States Code, knowingly subscribes as true,\9\ any false 
statement with respect to a material fact in any application, 
affidavit, or other document required by the immigration laws 
or regulations prescribed thereunder, or knowingly presents any 
such application, affidavit, or other document which contains 
any such false statement or which fails to contain any 
reasonable basis in law or fact-- \10\
---------------------------------------------------------------------------
    \9\ Public Law 94-550 inserted ``, or as permitted under penalty of 
perjury under section 1746 of title 28, United States Code, knowingly 
subscribes as true,'' after ``Whoever knowingly makes under oath''.
    \10\ Sec. 214 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 
3009) struck out ``containing any such false statement'' and inserted 
in lieu thereof ``which contains any such false statement or which 
fails to contain any reasonable basis in law or fact''.
---------------------------------------------------------------------------
    Shall be fined under this title \11\ or imprisoned not more 
than 25 years (if the offense was committed to facilitate an 
act of international terrorism (as defined in section 2331 of 
this title)), 20 years (if the offense was committed to 
facilitate a drug trafficking crime (as defined in section 
929(a) of this title)), 10 years (in the case of the first or 
second such offense, if the offense was not committed to 
facility such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other 
offense),\12\ or both.
---------------------------------------------------------------------------
    \11\ Sec. 3550 of Public Law 101-647 (104 Stat. 4926), as amended, 
struck out ``Shall be fined in accordance with this title'', and 
inserted in lieu thereof ``Shall be fined under this title''. 
Previously, Public Law 99-603, as amended by Public Law 100-525, 
substituted ``in accordance with this title'' in lieu of ``not more 
than $2,000''.
    \12\ Sec. 211(a)(2) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 
3009) struck out ``imprisoned not more than ten years'' and inserted in 
lieu thereof ``imprisoned not more than 25 years (if the offense was 
committed to facilitate an act of international terrorism (as defined 
in section 2331 of this title)), 20 years (if the offense was committed 
to facilitate a drug trafficking crime (as defined in section 929(a) of 
this title)), 10 years (in the case of the first or second such 
offense, if the offense was not committed to facility such an act of 
international terrorism or a drug trafficking crime), or 15 years (in 
the case of any other offense)''.
    Previously, sec. 130009(a)(4) of Public Law 103-322 (108 Stat. 
2030) struck out ``five years'' and inserted in lieu thereof ``10 
years''.
---------------------------------------------------------------------------
    (b) \7\ Whoever uses--
          (1) an identification document, knowing (or having 
        reason to know) that the document was not issued 
        lawfully for the use of the possessor,
          (2) an identification document knowing (or having 
        reason to know) that the document is false, or
          (3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) 
of the Immigration and Nationality Act, shall be fined under 
this title, imprisoned not more than 5 years,\13\ or both.
---------------------------------------------------------------------------
    \13\ Sec. 130009(a)(5) of Public Law 103-322 (108 Stat. 2030) 
struck out ``in accordance with this title, or imprisoned not more than 
two years'' and inserted in lieu thereof ``under this title, imprisoned 
not more than 5 years''.
---------------------------------------------------------------------------
    (c) \7\ This section does not prohibit any lawfully 
authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or a 
subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under title V of the 
Organized Crime Control Act of 1970.\14\ For purposes of this 
section, the term ``State'' means a State of the United States, 
the District of Columbia, and any commonwealth, territory, or 
possession of the United States.\15\
---------------------------------------------------------------------------
    \14\ Public Law 91-452 (84 Stat. 933), was repealed by sec. 1209(b) 
of Public Law 98-473.
    \15\ Sec. 607(m) of the Economic Espionage Act of 1996 (Public Law 
104-294; 110 Stat. 3512) added this sentence.
                       (2) Statute of Limitations

  Partial text of Act of June 30, 1951 [H.R. 2396], 65 Stat. 107, 18 
                              U.S.C. 3291

   AN ACT To amend chapter 213 of title 18 of the United States Code.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
chapter 213 of title 18 of the United States Code be amended by 
adding a new section to be known as section 3291, as follows:

``Sec. 3291. Nationality, citizenship and passports.

    ``No person shall be prosecuted, tried, or punished for 
violation of any provision of sections 1423 to 1428, inclusive, 
of chapter 69 and sections 1541 to 1544, inclusive, of chapter 
75 of title 18 of the United States Code, or for conspiracy to 
violate any of such \1\ sections, unless the indictment is 
found or the information is instituted within ten years after 
the commission of the offense.''
---------------------------------------------------------------------------
    \1\ Sec. 330008(9) of Public Law 103-322 (108 Stat. 2143) struck 
out ``the afore-mentioned'' and inserted in lieu thereof ``such''.
             5. Trafficking Victims Protection Act of 2000

 Division A of Public Law 106-386 [Victims of Trafficking and Violence 
 Protection Act of 2000; H.R. 3244], 114 Stat. 1464, approved October 
                                28, 2000

AN ACT To combat trafficking in persons, especially into the sex trade, 
  slavery, and involuntary servitude, to reauthorize certain Federal 
  programs to prevent violence against women, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

         DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000

SEC. 101.\1\ SHORT TITLE.

    This division may be cited as the ``Trafficking Victims 
Protection Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------

SEC. 102.\2\ PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this division are to combat 
trafficking in persons, a contemporary manifestation of slavery 
whose victims are predominantly women and children, to ensure 
just and effective punishment of traffickers, and to protect 
their victims.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 7101.
---------------------------------------------------------------------------
    (b) Findings.--Congress finds that:
          (1) As the 21st century begins, the degrading 
        institution of slavery continues throughout the world. 
        Trafficking in persons is a modern form of slavery, and 
        it is the largest manifestation of slavery today. At 
        least 700,000 persons annually, primarily women and 
        children, are trafficked within or across international 
        borders. Approximately 50,000 women and children are 
        trafficked into the United States each year.
          (2) Many of these persons are trafficked into the 
        international sex trade, often by force, fraud, or 
        coercion. The sex industry has rapidly expanded over 
        the past several decades. It involves sexual 
        exploitation of persons, predominantly women and girls, 
        involving activities related to prostitution, 
        pornography, sex tourism, and other commercial sexual 
        services. The low status of women in many parts of the 
        world has contributed to a burgeoning of the 
        trafficking industry.
          (3) Trafficking in persons is not limited to the sex 
        industry. This growing transnational crime also 
        includes forced labor and involves significant 
        violations of labor, public health, and human rights 
        standards worldwide.
          (4) Traffickers primarily target women and girls, who 
        are disproportionately affected by poverty, the lack of 
        access to education, chronic unemployment, 
        discrimination, and the lack of economic opportunities 
        in countries of origin. Traffickers lure women and 
        girls into their networks through false promises of 
        decent working conditions at relatively good pay as 
        nannies, maids, dancers, factory workers, restaurant 
        workers, sales clerks, or models. Traffickers also buy 
        children from poor families and sell them into 
        prostitution or into various types of forced or bonded 
        labor.
          (5) Traffickers often transport victims from their 
        home communities to unfamiliar destinations, including 
        foreign countries away from family and friends, 
        religious institutions, and other sources of protection 
        and support, leaving the victims defenseless and 
        vulnerable.
          (6) Victims are often forced through physical 
        violence to engage in sex acts or perform slavery-like 
        labor. Such force includes rape and other forms of 
        sexual abuse, torture, starvation, imprisonment, 
        threats, psychological abuse, and coercion.
          (7) Traffickers often make representations to their 
        victims that physical harm may occur to them or others 
        should the victim escape or attempt to escape. Such 
        representations can have the same coercive effects on 
        victims as direct threats to inflict such harm.
          (8) Trafficking in persons is increasingly 
        perpetrated by organized, sophisticated criminal 
        enterprises. Such trafficking is the fastest growing 
        source of profits for organized criminal enterprises 
        worldwide. Profits from the trafficking industry 
        contribute to the expansion of organized crime in the 
        United States and worldwide. Trafficking in persons is 
        often aided by official corruption in countries of 
        origin, transit, and destination, thereby threatening 
        the rule of law.
          (9) Trafficking includes all the elements of the 
        crime of forcible rape when it involves the involuntary 
        participation of another person in sex acts by means of 
        fraud, force, or coercion.
          (10) Trafficking also involves violations of other 
        laws, including labor and immigration codes and laws 
        against kidnapping, slavery, false imprisonment, 
        assault, battery, pandering, fraud, and extortion.
          (11) Trafficking exposes victims to serious health 
        risks. Women and children trafficked in the sex 
        industry are exposed to deadly diseases, including HIV 
        and AIDS. Trafficking victims are sometimes worked or 
        physically brutalized to death.
          (12) Trafficking in persons substantially affects 
        interstate and foreign commerce. Trafficking for such 
        purposes as involuntary servitude, peonage, and other 
        forms of forced labor has an impact on the nationwide 
        employment network and labor market. Within the context 
        of slavery, servitude, and labor or services which are 
        obtained or maintained through coercive conduct that 
        amounts to a condition of servitude, victims are 
        subjected to a range of violations.
          (13) Involuntary servitude statutes are intended to 
        reach cases in which persons are held in a condition of 
        servitude through nonviolent coercion. In United States 
        v. Kozminski, 487 U.S. 931 (1988), the Supreme Court 
        found that section 1584 of title 18, United States 
        Code, should be narrowly interpreted, absent a 
        definition of involuntary servitude by Congress. As a 
        result, that section was interpreted to criminalize 
        only servitude that is brought about through use or 
        threatened use of physical or legal coercion, and to 
        exclude other conduct that can have the same purpose 
        and effect.
          (14) Existing legislation and law enforcement in the 
        United States and other countries are inadequate to 
        deter trafficking and bring traffickers to justice, 
        failing to reflect the gravity of the offenses 
        involved. No comprehensive law exists in the United 
        States that penalizes the range of offenses involved in 
        the trafficking scheme. Instead, even the most brutal 
        instances of trafficking in the sex industry are often 
        punished under laws that also apply to lesser offenses, 
        so that traffickers typically escape deserved 
        punishment.
          (15) In the United States, the seriousness of this 
        crime and its components is not reflected in current 
        sentencing guidelines, resulting in weak penalties for 
        convicted traffickers.
          (16) In some countries, enforcement against 
        traffickers is also hindered by official indifference, 
        by corruption, and sometimes even by official 
        participation in trafficking.
          (17) Existing laws often fail to protect victims of 
        trafficking, and because victims are often illegal 
        immigrants in the destination country, they are 
        repeatedly punished more harshly than the traffickers 
        themselves.
          (18) Additionally, adequate services and facilities 
        do not exist to meet victims' needs regarding health 
        care, housing, education, and legal assistance, which 
        safely reintegrate trafficking victims into their home 
        countries.
          (19) Victims of severe forms of trafficking should 
        not be inappropriately incarcerated, fined, or 
        otherwise penalized solely for unlawful acts committed 
        as a direct result of being trafficked, such as using 
        false documents, entering the country without 
        documentation, or working without documentation.
          (20) Because victims of trafficking are frequently 
        unfamiliar with the laws, cultures, and languages of 
        the countries into which they have been trafficked, 
        because they are often subjected to coercion and 
        intimidation including physical detention and debt 
        bondage, and because they often fear retribution and 
        forcible removal to countries in which they will face 
        retribution or other hardship, these victims often find 
        it difficult or impossible to report the crimes 
        committed against them or to assist in the 
        investigation and prosecution of such crimes.
          (21) Trafficking of persons is an evil requiring 
        concerted and vigorous action by countries of origin, 
        transit or destination, and by international 
        organizations.
          (22) One of the founding documents of the United 
        States, the Declaration of Independence, recognizes the 
        inherent dignity and worth of all people. It states 
        that all men are created equal and that they are 
        endowed by their Creator with certain unalienable 
        rights. The right to be free from slavery and 
        involuntary servitude is among those unalienable 
        rights. Acknowledging this fact, the United States 
        outlawed slavery and involuntary servitude in 1865, 
        recognizing them as evil institutions that must be 
        abolished. Current practices of sexual slavery and 
        trafficking of women and children are similarly 
        abhorrent to the principles upon which the United 
        States was founded.
          (23) The United States and the international 
        community agree that trafficking in persons involves 
        grave violations of human rights and is a matter of 
        pressing international concern. The international 
        community has repeatedly condemned slavery and 
        involuntary servitude, violence against women, and 
        other elements of trafficking, through declarations, 
        treaties, and United Nations resolutions and reports, 
        including the Universal Declaration of Human Rights; 
        the 1956 Supplementary Convention on the Abolition of 
        Slavery, the Slave Trade, and Institutions and 
        Practices Similar to Slavery; the 1948 American 
        Declaration on the Rights and Duties of Man; the 1957 
        Abolition of Forced Labor Convention; the International 
        Covenant on Civil and Political Rights; the Convention 
        Against Torture and Other Cruel, Inhuman or Degrading 
        Treatment or Punishment; United Nations General 
        Assembly Resolutions 50/167, 51/66, and 52/98; the 
        Final Report of the World Congress against Sexual 
        Exploitation of Children (Stockholm, 1996); the Fourth 
        World Conference on Women (Beijing, 1995); and the 1991 
        Moscow Document of the Organization for Security and 
        Cooperation in Europe.
          (24) Trafficking in persons is a transnational crime 
        with national implications. To deter international 
        trafficking and bring its perpetrators to justice, 
        nations including the United States must recognize that 
        trafficking is a serious offense. This is done by 
        prescribing appropriate punishment, giving priority to 
        the prosecution of trafficking offenses, and protecting 
        rather than punishing the victims of such offenses. The 
        United States must work bilaterally and multilaterally 
        to abolish the trafficking industry by taking steps to 
        promote cooperation among countries linked together by 
        international trafficking routes. The United States 
        must also urge the international community to take 
        strong action in multilateral fora to engage 
        recalcitrant countries in serious and sustained efforts 
        to eliminate trafficking and protect trafficking 
        victims.

SEC. 103.\3\ DEFINITIONS.

    In this division:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 7102.
---------------------------------------------------------------------------
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Relations and the Committee on the 
        Judiciary of the Senate and the Committee on 
        International Relations and the Committee on the 
        Judiciary of the House of Representatives.
          (2) Coercion.--The term ``coercion'' means--
                  (A) threats of serious harm to or physical 
                restraint against any person;
                  (B) any scheme, plan, or pattern intended to 
                cause a person to believe that failure to 
                perform an act would result in serious harm to 
                or physical restraint against any person; or
                  (C) the abuse or threatened abuse of the 
                legal process.
          (3) Commercial sex act.--The term ``commercial sex 
        act'' means any sex act on account of which anything of 
        value is given to or received by any person.
          (4) Debt bondage.--The term ``debt bondage'' means 
        the status or condition of a debtor arising from a 
        pledge by the debtor of his or her personal services or 
        of those of a person under his or her control as a 
        security for debt, if the value of those services as 
        reasonably assessed is not applied toward the 
        liquidation of the debt or the length and nature of 
        those services are not respectively limited and 
        defined.
          (5) Involuntary servitude.--The term ``involuntary 
        servitude'' includes a condition of servitude induced 
        by means of--
                  (A) any scheme, plan, or pattern intended to 
                cause a person to believe that, if the person 
                did not enter into or continue in such 
                condition, that person or another person would 
                suffer serious harm or physical restraint; or
                  (B) the abuse or threatened abuse of the 
                legal process.
          (6) Minimum standards for the elimination of 
        trafficking.--The term ``minimum standards for the 
        elimination of trafficking'' means the standards set 
        forth in section 108.
          (7) Nonhumanitarian, nontrade-related foreign 
        assistance.--The term ``nonhumanitarian, nontrade-
        related foreign assistance'' means--
                  (A) any assistance under the Foreign 
                Assistance Act of 1961, other than--
                          (i) assistance under chapter 4 of 
                        part II of that Act that is made 
                        available for any program, project, or 
                        activity eligible for assistance under 
                        chapter 1 of part I of that Act;
                          (ii) assistance under chapter 8 of 
                        part I of that Act;
                          (iii) any other narcotics-related 
                        assistance under part I of that Act or 
                        under chapter 4 or 5 part II of that 
                        Act, but any such assistance provided 
                        under this clause shall be subject to 
                        the prior notification procedures 
                        applicable to reprogrammings pursuant 
                        to section 634A of that Act;
                          (iv) disaster relief assistance, 
                        including any assistance under chapter 
                        9 of part I of that Act;
                          (v) antiterrorism assistance under 
                        chapter 8 of part II of that Act;
                          (vi) assistance for refugees;
                          (vii) humanitarian and other 
                        development assistance in support of 
                        programs of nongovernmental 
                        organizations under chapters 1 and 10 
                        of that Act;
                          (viii) programs under title IV of 
                        chapter 2 of part I of that Act, 
                        relating to the Overseas Private 
                        Investment Corporation; and
                          (ix) other programs involving trade-
                        related or humanitarian assistance; and
                  (B) sales, or financing on any terms, under 
                the Arms Export Control Act, other than sales 
                or financing provided for narcotics-related 
                purposes following notification in accordance 
                with the prior notification procedures 
                applicable to reprogrammings pursuant to 
                section 634A of the Foreign Assistance Act of 
                1961.
          (8) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' means--
                  (A) sex trafficking in which a commercial sex 
                act is induced by force, fraud, or coercion, or 
                in which the person induced to perform such act 
                has not attained 18 years of age; or
                  (B) the recruitment, harboring, 
                transportation, provision, or obtaining of a 
                person for labor or services, through the use 
                of force, fraud, or coercion for the purpose of 
                subjection to involuntary servitude, peonage, 
                debt bondage, or slavery.
          (9) Sex trafficking.--The term ``sex trafficking'' 
        means the recruitment, harboring, transportation, 
        provision, or obtaining of a person for the purpose of 
        a commercial sex act.
          (10) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and 
        territories and possessions of the United States.
          (11) Task force.--The term ``Task Force'' means the 
        Interagency Task Force to Monitor and Combat 
        Trafficking established under section 105.
          (12) United states.--The term ``United States'' means 
        the fifty States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, American Samoa, Guam, the Commonwealth of the 
        Northern Mariana Islands, and the territories and 
        possessions of the United States.
          (13) Victim of a severe form of trafficking.--The 
        term ``victim of a severe form of trafficking'' means a 
        person subject to an act or practice described in 
        paragraph (8).
          (14) Victim of trafficking.--The term ``victim of 
        trafficking'' means a person subjected to an act or 
        practice described in paragraph (8) or (9).

SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) Countries Receiving Economic Assistance.--Section 
116(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151(f)) is amended to read as follows: * * * \4\
---------------------------------------------------------------------------
    \4\ Should refer to 22 U.S.C. 2151n(f). For amended text, see 
Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
    (b) Countries Receiving Security Assistance.--Section 502B 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is 
amended by adding at the end the following new subsection: * * 
* \4\

SEC. 105.\5\ INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    (a) Establishment.--The President shall establish an 
Interagency Task Force to Monitor and Combat Trafficking.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7103.
---------------------------------------------------------------------------
    (b) Appointment.--The President shall appoint the members 
of the Task Force, which shall include the Secretary of State, 
the Administrator of the United States Agency for International 
Development, the Attorney General, the Secretary of Labor, the 
Secretary of Health and Human Services, the Director of Central 
Intelligence, and such other officials as may be designated by 
the President.
    (c) Chairman.--The Task Force shall be chaired by the 
Secretary of State.
    (d) Activities of the Task Force.--The Task Force shall 
carry out the following activities:
          (1) Coordinate the implementation of this division.
          (2) Measure and evaluate progress of the United 
        States and other countries in the areas of trafficking 
        prevention, protection, and assistance to victims of 
        trafficking, and prosecution and enforcement against 
        traffickers, including the role of public corruption in 
        facilitating trafficking. The Task Force shall have 
        primary responsibility for assisting the Secretary of 
        State in the preparation of the reports described in 
        section 110.
          (3) Expand interagency procedures to collect and 
        organize data, including significant research and 
        resource information on domestic and international 
        trafficking. Any data collection procedures established 
        under this subsection shall respect the confidentiality 
        of victims of trafficking.
          (4) Engage in efforts to facilitate cooperation among 
        countries of origin, transit, and destination. Such 
        efforts shall aim to strengthen local and regional 
        capacities to prevent trafficking, prosecute 
        traffickers and assist trafficking victims, and shall 
        include initiatives to enhance cooperative efforts 
        between destination countries and countries of origin 
        and assist in the appropriate reintegration of 
        stateless victims of trafficking.
          (5) Examine the role of the international ``sex 
        tourism'' industry in the trafficking of persons and in 
        the sexual exploitation of women and children around 
        the world.
          (6) Engage in consultation and advocacy with 
        governmental and nongovernmental organizations, among 
        other entities, to advance the purposes of this 
        division.
    (e) Support for the Task Force.--The Secretary of State is 
authorized to establish within the Department of State an 
Office to Monitor and Combat Trafficking, which shall provide 
assistance to the Task Force. Any such Office shall be headed 
by a Director. The Director shall have the primary 
responsibility for assisting the Secretary of State in carrying 
out the purposes of this division and may have additional 
responsibilities as determined by the Secretary. The Director 
shall consult with nongovernmental organizations and 
multilateral organizations, and with trafficking victims or 
other affected persons. The Director shall have the authority 
to take evidence in public hearings or by other means. The 
agencies represented on the Task Force are authorized to 
provide staff to the Office on a nonreimbursable basis.

SEC. 106.\6\ PREVENTION OF TRAFFICKING.

    (a) Economic Alternatives To Prevent and Deter 
Trafficking.--The President shall establish and carry out 
international initiatives to enhance economic opportunity for 
potential victims of trafficking as a method to deter 
trafficking. Such initiatives may include--
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    \6\ 22 U.S.C. 7104.
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          (1) microcredit lending programs, training in 
        business development, skills training, and job 
        counseling;
          (2) programs to promote women's participation in 
        economic decisionmaking;
          (3) programs to keep children, especially girls, in 
        elementary and secondary schools, and to educate 
        persons who have been victims of trafficking;
          (4) development of educational curricula regarding 
        the dangers of trafficking; and
          (5) grants to nongovernmental organizations to 
        accelerate and advance the political, economic, social, 
        and educational roles and capacities of women in their 
        countries.
    (b) Public Awareness and Information.--The President, 
acting through the Secretary of Labor, the Secretary of Health 
and Human Services, the Attorney General, and the Secretary of 
State, shall establish and carry out programs to increase 
public awareness, particularly among potential victims of 
trafficking, of the dangers of trafficking and the protections 
that are available for victims of trafficking.
    (c) Consultation Requirement.--The President shall consult 
with appropriate nongovernmental organizations with respect to 
the establishment and conduct of initiatives described in 
subsections (a) and (b).

SEC. 107.\7\ PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
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    \7\ 22 U.S.C. 7105.
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          (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for 
        International Development, in consultation with 
        appropriate nongovernmental organizations, shall 
        establish and carry out programs and initiatives in 
        foreign countries to assist in the safe integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking. Such programs and initiatives 
        shall be designed to meet the appropriate assistance 
        needs of such persons and their children, as identified 
        by the Task Force.
          (2) Additional requirement.--In establishing and 
        conducting programs and initiatives described in 
        paragraph (1), the Secretary of State and the 
        Administrator of the United States Agency for 
        International Development shall take all appropriate 
        steps to enhance cooperative efforts among foreign 
        countries, including countries of origin of victims of 
        trafficking, to assist in the integration, 
        reintegration, or resettlement, as appropriate, of 
        victims of trafficking, including stateless victims.
    (b) Victims in the United States.--
          (1) Assistance.--
                  (A) Eligibility for benefits and services.--
                Notwithstanding title IV of the Personal 
                Responsibility and Work Opportunity 
                Reconciliation Act of 1996, an alien who is a 
                victim of a severe form of trafficking in 
                persons shall be eligible for benefits and 
                services under any Federal or State program or 
                activity funded or administered by any official 
                or agency described in subparagraph (B) to the 
                same extent as an alien who is admitted to the 
                United States as a refugee under section 207 of 
                the Immigration and Nationality Act.
                  (B) Requirement to expand benefits and 
                services.--Subject to subparagraph (C) and, in 
                the case of nonentitlement programs, to the 
                availability of appropriations, the Secretary 
                of Health and Human Services, the Secretary of 
                Labor, the Board of Directors of the Legal 
                Services Corporation, and the heads of other 
                Federal agencies shall expand benefits and 
                services to victims of severe forms of 
                trafficking in persons in the United States, 
                without regard to the immigration status of 
                such victims.
                  (C) Definition of victim of a severe form of 
                trafficking in persons.--For the purposes of 
                this paragraph, the term ``victim of a severe 
                form of trafficking in persons'' means only a 
                person--
                          (i) who has been subjected to an act 
                        or practice described in section 103(8) 
                        as in effect on the date of the 
                        enactment of this Act; and
                          (ii)(I) who has not attained 18 years 
                        of age; or
                          (II) who is the subject of a 
                        certification under subparagraph (E).
                  (D) Annual report.--Not later than December 
                31 of each year, the Secretary of Health and 
                Human Services, in consultation with the 
                Secretary of Labor, the Board of Directors of 
                the Legal Services Corporation, and the heads 
                of other appropriate Federal agencies shall 
                submit a report, which includes information on 
                the number of persons who received benefits or 
                other services under this paragraph in 
                connection with programs or activities funded 
                or administered by such agencies or officials 
                during the preceding fiscal year, to the 
                Committee on Ways and Means, the Committee on 
                International Relations, and the Committee on 
                the Judiciary of the House of Representatives 
                and the Committee on Finance, the Committee on 
                Foreign Relations, and the Committee on the 
                Judiciary of the Senate.
                  (E) Certification.--
                          (i) In general.--Subject to clause 
                        (ii), the certification referred to in 
                        subparagraph (C) is a certification by 
                        the Secretary of Health and Human 
                        Services, after consultation with the 
                        Attorney General, that the person 
                        referred to in subparagraph 
                        (C)(ii)(II)--
                                  (I) is willing to assist in 
                                every reasonable way in the 
                                investigation and prosecution 
                                of severe forms of trafficking 
                                in persons; and
                                  (II)(aa) has made a bona fide 
                                application for a visa under 
                                section 101(a)(15)(T) of the 
                                Immigration and Nationality 
                                Act, as added by subsection 
                                (e), that has not been denied; 
                                or
                                  (bb) is a person whose 
                                continued presence in the 
                                United States the Attorney 
                                General is ensuring in order to 
                                effectuate prosecution of 
                                traffickers in persons.
                          (ii) Period of effectiveness.--A 
                        certification referred to in 
                        subparagraph (C), with respect to a 
                        person described in clause (i)(II)(bb), 
                        shall be effective only for so long as 
                        the Attorney General determines that 
                        the continued presence of such person 
                        is necessary to effectuate prosecution 
                        of traffickers in persons.
                          (iii) Investigation and prosecution 
                        defined.--For the purpose of a 
                        certification under this subparagraph, 
                        the term ``investigation and 
                        prosecution'' includes--
                                  (I) identification of a 
                                person or persons who have 
                                committed severe forms of 
                                trafficking in persons;
                                  (II) location and 
                                apprehension of such persons; 
                                and
                                  (III) testimony at 
                                proceedings against such 
                                persons.
          (2) Grants.--
                  (A) In general.--Subject to the availability 
                of appropriations, the Attorney General may 
                make grants to States, Indian tribes, units of 
                local government, and nonprofit, 
                nongovernmental victims' service organizations 
                to develop, expand, or strengthen victim 
                service programs for victims of trafficking.
                  (B) Allocation of grant funds.--Of amounts 
                made available for grants under this paragraph, 
                there shall be set aside--
                          (i) three percent for research, 
                        evaluation, and statistics;
                          (ii) two percent for training and 
                        technical assistance; and
                          (iii) one percent for management and 
                        administration.
                  (C) Limitation on federal share.--The Federal 
                share of a grant made under this paragraph may 
                not exceed 75 percent of the total costs of the 
                projects described in the application 
                submitted.
    (c) Trafficking Victim Regulations.--Not later than 180 
days after the date of the enactment of this Act, the Attorney 
General and the Secretary of State shall promulgate regulations 
for law enforcement personnel, immigration officials, and 
Department of State officials to implement the following:
          (1) Protections while in custody.--Victims of severe 
        forms of trafficking, while in the custody of the 
        Federal Government and to the extent practicable, 
        shall--
                  (A) not be detained in facilities 
                inappropriate to their status as crime victims;
                  (B) receive necessary medical care and other 
                assistance; and
                  (C) be provided protection if a victim's 
                safety is at risk or if there is danger of 
                additional harm by recapture of the victim by a 
                trafficker, including--
                          (i) taking measures to protect 
                        trafficked persons and their family 
                        members from intimidation and threats 
                        of reprisals and reprisals from 
                        traffickers and their associates; and
                          (ii) ensuring that the names and 
                        identifying information of trafficked 
                        persons and their family members are 
                        not disclosed to the public.
          (2) Access to information.--Victims of severe forms 
        of trafficking shall have access to information about 
        their rights and translation services.
          (3) Authority to permit continued presence in the 
        united states.--Federal law enforcement officials may 
        permit an alien individual's continued presence in the 
        United States, if after an assessment, it is determined 
        that such individual is a victim of a severe form of 
        trafficking and a potential witness to such 
        trafficking, in order to effectuate prosecution of 
        those responsible, and such officials in investigating 
        and prosecuting traffickers shall protect the safety of 
        trafficking victims, including taking measures to 
        protect trafficked persons and their family members 
        from intimidation, threats of reprisals, and reprisals 
        from traffickers and their associates.
          (4) Training of government personnel.--Appropriate 
        personnel of the Department of State and the Department 
        of Justice shall be trained in identifying victims of 
        severe forms of trafficking and providing for the 
        protection of such victims.
    (d) Construction.--Nothing in subsection (c) shall be 
construed as creating any private cause of action against the 
United States or its officers or employees.
    (e) Protection From Removal for Certain Crime Victims.--
          (1) In general.--Section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
        is amended--* * *
          (2) Conditions of nonimmigrant status.--Section 214 
        of the Immigration and Nationality Act (8 U.S.C. 1184) 
        is amended--* * *
          (3) Waiver of grounds for ineligibility for 
        admission.--Section 212(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(d)) is amended by adding 
        at the end the following: * * *
          (4) Duties of the attorney general with respect to 
        ``t'' visa nonimmigrants.--Section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101) is 
        amended by adding at the end the following new 
        subsection: * * *
          (5) Statutory construction.--Nothing in this section, 
        or in the amendments made by this section, shall be 
        construed as prohibiting the Attorney General from 
        instituting removal proceedings under section 240 of 
        the Immigration and Nationality Act (8 U.S.C. 1229a) 
        against an alien admitted as a nonimmigrant under 
        section 101(a)(15)(T)(i) of that Act, as added by 
        subsection (e), for conduct committed after the alien's 
        admission into the United States, or for conduct or a 
        condition that was not disclosed to the Attorney 
        General prior to the alien's admission as a 
        nonimmigrant under such section 101(a)(15)(T)(i).
    (f) Adjustment to Permanent Resident Status.--Section 245 
of such Act (8 U.S.C 1255) is amended by adding at the end the 
following new subsection: * * *
    (g) Annual Reports.--On or before October 31 of each year, 
the Attorney General shall submit a report to the appropriate 
congressional committees setting forth, with respect to the 
preceding fiscal year, the number, if any, of otherwise 
eligible applicants who did not receive visas under section 
101(a)(15)(T) of the Immigration and Nationality Act, as added 
by subsection (e), or who were unable to adjust their status 
under section 245(l) of such Act, solely on account of the 
unavailability of visas due to a limitation imposed by section 
214(n)(1) or 245(l)(4)(A) of such Act.

SEC. 108.\8\ MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    (a) Minimum Standards.--For purposes of this division, the 
minimum standards for the elimination of trafficking applicable 
to the government of a country of origin, transit, or 
destination for a significant number of victims of severe forms 
of trafficking are the following:
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    \8\ 22 U.S.C. 7106.
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          (1) The government of the country should prohibit 
        severe forms of trafficking in persons and punish acts 
        of such trafficking.
          (2) For the knowing commission of any act of sex 
        trafficking involving force, fraud, coercion, or in 
        which the victim of sex trafficking is a child 
        incapable of giving meaningful consent, or of 
        trafficking which includes rape or kidnapping or which 
        causes a death, the government of the country should 
        prescribe punishment commensurate with that for grave 
        crimes, such as forcible sexual assault.
          (3) For the knowing commission of any act of a severe 
        form of trafficking in persons, the government of the 
        country should prescribe punishment that is 
        sufficiently stringent to deter and that adequately 
        reflects the heinous nature of the offense.
          (4) The government of the country should make serious 
        and sustained efforts to eliminate severe forms of 
        trafficking in persons.
    (b) Criteria.--In determinations under subsection (a)(4), 
the following factors should be considered as indicia of 
serious and sustained efforts to eliminate severe forms of 
trafficking in persons:
          (1) Whether the government of the country vigorously 
        investigates and prosecutes acts of severe forms of 
        trafficking in persons that take place wholly or partly 
        within the territory of the country.
          (2) Whether the government of the country protects 
        victims of severe forms of trafficking in persons and 
        encourages their assistance in the investigation and 
        prosecution of such trafficking, including provisions 
        for legal alternatives to their removal to countries in 
        which they would face retribution or hardship, and 
        ensures that victims are not inappropriately 
        incarcerated, fined, or otherwise penalized solely for 
        unlawful acts as a direct result of being trafficked.
          (3) Whether the government of the country has adopted 
        measures to prevent severe forms of trafficking in 
        persons, such as measures to inform and educate the 
        public, including potential victims, about the causes 
        and consequences of severe forms of trafficking in 
        persons.
          (4) Whether the government of the country cooperates 
        with other governments in the investigation and 
        prosecution of severe forms of trafficking in persons.
          (5) Whether the government of the country extradites 
        persons charged with acts of severe forms of 
        trafficking in persons on substantially the same terms 
        and to substantially the same extent as persons charged 
        with other serious crimes (or, to the extent such 
        extradition would be inconsistent with the laws of such 
        country or with international agreements to which the 
        country is a party, whether the government is taking 
        all appropriate measures to modify or replace such laws 
        and treaties so as to permit such extradition).
          (6) Whether the government of the country monitors 
        immigration and emigration patterns for evidence of 
        severe forms of trafficking in persons and whether law 
        enforcement agencies of the country respond to any such 
        evidence in a manner that is consistent with the 
        vigorous investigation and prosecution of acts of such 
        trafficking, as well as with the protection of human 
        rights of victims and the internationally recognized 
        human right to leave any country, including one's own, 
        and to return to one's own country.
          (7) Whether the government of the country vigorously 
        investigates and prosecutes public officials who 
        participate in or facilitate severe forms of 
        trafficking in persons, and takes all appropriate 
        measures against officials who condone such 
        trafficking.

SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.

    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. 134.\9\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                    STANDARDS FOR THE ELIMINATION OF TRAFFICKING. * * *
---------------------------------------------------------------------------

    \9\ 22 U.S.C. 2152d. See Legislation on Foreign Relations Through 
2001, vol. I-A.
---------------------------------------------------------------------------

SEC. 110.\10\ ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM 
                    STANDARDS.

    (a) Statement of Policy.--It is the policy of the United 
States not to provide nonhumanitarian, nontrade-related foreign 
assistance to any government that--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 7107.
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          (1) does not comply with minimum standards for the 
        elimination of trafficking; and
          (2) is not making significant efforts to bring itself 
        into compliance with such standards.
    (b) Reports to Congress.--
          (1) Annual report.--Not later than June 1 of each 
        year, the Secretary of State shall submit to the 
        appropriate congressional committees a report with 
        respect to the status of severe forms of trafficking in 
        persons that shall include--
                  (A) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments fully comply with such standards;
                  (B) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not yet fully comply with such 
                standards but are making significant efforts to 
                bring themselves into compliance; and
                  (C) a list of those countries, if any, to 
                which the minimum standards for the elimination 
                of trafficking are applicable and whose 
                governments do not fully comply with such 
                standards and are not making significant 
                efforts to bring themselves into compliance.
          (2) Interim reports.--In addition to the annual 
        report under paragraph (1), the Secretary of State may 
        submit to the appropriate congressional committees at 
        any time one or more interim reports with respect to 
        the status of severe forms of trafficking in persons, 
        including information about countries whose 
        governments--
                  (A) have come into or out of compliance with 
                the minimum standards for the elimination of 
                trafficking; or
                  (B) have begun or ceased to make significant 
                efforts to bring themselves into compliance, 
                since the transmission of the last annual 
                report.
          (3) Significant efforts.--In determinations under 
        paragraph (1) or (2) as to whether the government of a 
        country is making significant efforts to bring itself 
        into compliance with the minimum standards for the 
        elimination of trafficking, the Secretary of State 
        shall consider--
                  (A) the extent to which the country is a 
                country of origin, transit, or destination for 
                severe forms of trafficking;
                  (B) the extent of noncompliance with the 
                minimum standards by the government and, 
                particularly, the extent to which officials or 
                employees of the government have participated 
                in, facilitated, condoned, or are otherwise 
                complicit in severe forms of trafficking; and
                  (C) what measures are reasonable to bring the 
                government into compliance with the minimum 
                standards in light of the resources and 
                capabilities of the government.
    (c) Notification.--Not less than 45 days or more than 90 
days after the submission, on or after January 1, 2003, of an 
annual report under subsection (b)(1), or an interim report 
under subsection (b)(2), the President shall submit to the 
appropriate congressional committees a notification of one of 
the determinations listed in subsection (d) with respect to 
each foreign country whose government, according to such 
report--
          (A) does not comply with the minimum standards for 
        the elimination of trafficking; and
          (B) is not making significant efforts to bring itself 
        into compliance, as described in subsection (b)(1)(C).
    (d) Presidential Determinations.--The determinations 
referred to in subsection (c) are the following:
          (1) Withholding of nonhumanitarian, nontrade-related 
        assistance.--The President has determined that--
                  (A)(i) the United States will not provide 
                nonhumanitarian, nontrade-related foreign 
                assistance to the government of the country for 
                the subsequent fiscal year until such 
                government complies with the minimum standards 
                or makes significant efforts to bring itself 
                into compliance; or
                  (ii) in the case of a country whose 
                government received no nonhumanitarian, 
                nontrade-related foreign assistance from the 
                United States during the previous fiscal year, 
                the United States will not provide funding for 
                participation by officials or employees of such 
                governments in educational and cultural 
                exchange programs for the subsequent fiscal 
                year until such government complies with the 
                minimum standards or makes significant efforts 
                to bring itself into compliance; and
                  (B) the President will instruct the United 
                States Executive Director of each multilateral 
                development bank and of the International 
                Monetary Fund to vote against, and to use the 
                Executive Director's best efforts to deny, any 
                loan or other utilization of the funds of the 
                respective institution to that country (other 
                than for humanitarian assistance, for trade-
                related assistance, or for development 
                assistance which directly addresses basic human 
                needs, is not administered by the government of 
                the sanctioned country, and confers no benefit 
                to that government) for the subsequent fiscal 
                year until such government complies with the 
                minimum standards or makes significant efforts 
                to bring itself into compliance.
          (2) Ongoing, multiple, broad-based restrictions on 
        assistance in response to human rights violations.--The 
        President has determined that such country is already 
        subject to multiple, broad-based restrictions on 
        assistance imposed in significant part in response to 
        human rights abuses and such restrictions are ongoing 
        and are comparable to the restrictions provided in 
        paragraph (1). Such determination shall be accompanied 
        by a description of the specific restriction or 
        restrictions that were the basis for making such 
        determination.
          (3) Subsequent compliance.--The Secretary of State 
        has determined that the government of the country has 
        come into compliance with the minimum standards or is 
        making significant efforts to bring itself into 
        compliance.
          (4) Continuation of assistance in the national 
        interest.--Notwithstanding the failure of the 
        government of the country to comply with minimum 
        standards for the elimination of trafficking and to 
        make significant efforts to bring itself into 
        compliance, the President has determined that the 
        provision to the country of nonhumanitarian, nontrade-
        related foreign assistance, or the multilateral 
        assistance described in paragraph (1)(B), or both, 
        would promote the purposes of this division or is 
        otherwise in the national interest of the United 
        States.
          (5) Exercise of waiver authority.--
                  (A) In general.--The President may exercise 
                the authority under paragraph (4) with respect 
                to--
                          (i) all nonhumanitarian, nontrade-
                        related foreign assistance to a 
                        country;
                          (ii) all multilateral assistance 
                        described in paragraph (1)(B) to a 
                        country; or
                          (iii) one or more programs, projects, 
                        or activities of such assistance.
                  (B) Avoidance of significant adverse 
                effects.--The President shall exercise the 
                authority under paragraph (4) when necessary to 
                avoid significant adverse effects on vulnerable 
                populations, including women and children.
          (6) Definition of multilateral development bank.--In 
        this subsection, the term ``multilateral development 
        bank'' refers to any of the following institutions: the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the 
        International Finance Corporation, the Inter-American 
        Development Bank, the Asian Development Bank, the 
        Inter-American Investment Corporation, the African 
        Development Bank, the African Development Fund, the 
        European Bank for Reconstruction and Development, and 
        the Multilateral Investment Guaranty Agency.
    (e) Certification.--Together with any notification under 
subsection (c), the President shall provide a certification by 
the Secretary of State that, with respect to any assistance 
described in clause (ii), (iii), or (v) of section 103(7)(A), 
or with respect to any assistance described in section 
103(7)(B), no assistance is intended to be received or used by 
any agency or official who has participated in, facilitated, or 
condoned a severe form of trafficking in persons.

SEC. 111.\11\ ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.

    (a) Authority To Sanction Significant Traffickers in 
Persons.--
          (1) In general.--The President may exercise the 
        authorities set forth in section 203 of the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701) without regard to section 202 of that Act (50 
        U.S.C. 1701) in the case of any of the following 
        persons:
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 7108.
---------------------------------------------------------------------------
                  (A) Any foreign person that plays a 
                significant role in a severe form of 
                trafficking in persons, directly or indirectly 
                in the United States.
                  (B) Foreign persons that materially assist 
                in, or provide financial or technological 
                support for or to, or provide goods or services 
                in support of, activities of a significant 
                foreign trafficker in persons identified 
                pursuant to subparagraph (A).
                  (C) Foreign persons that are owned, 
                controlled, or directed by, or acting for or on 
                behalf of, a significant foreign trafficker 
                identified pursuant to subparagraph (A).
          (2) Penalties.--The penalties set forth in section 
        206 of the International Emergency Economic Powers Act 
        (50 U.S.C. 1705) apply to violations of any license, 
        order, or regulation issued under this section.
    (b) Report to Congress on Identification and Sanctioning of 
Significant Traffickers in Persons.--
          (1) In general.--Upon exercising the authority of 
        subsection (a), the President shall report to the 
        appropriate congressional committees--
                  (A) identifying publicly the foreign persons 
                that the President determines are appropriate 
                for sanctions pursuant to this section and the 
                basis for such determination; and
                  (B) detailing publicly the sanctions imposed 
                pursuant to this section.
          (2) Removal of sanctions.--Upon suspending or 
        terminating any action imposed under the authority of 
        subsection (a), the President shall report to the 
        committees described in paragraph (1) on such 
        suspension or termination.
          (3) Submission of classified information.--Reports 
        submitted under this subsection may include an annex 
        with classified information regarding the basis for the 
        determination made by the President under paragraph 
        (1)(A).
    (c) Law Enforcement and Intelligence Activities Not 
Affected.--Nothing in this section prohibits or otherwise 
limits the authorized law enforcement or intelligence 
activities of the United States, or the law enforcement 
activities of any State or subdivision thereof.
    (d) Exclusion of Persons Who Have Benefited From Illicit 
Activities of Traffickers in Persons.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
amended by inserting at the end the following new subparagraph: 
* * *
    (e) Implementation.--
          (1) Delegation of authority.--The President may 
        delegate any authority granted by this section, 
        including the authority to designate foreign persons 
        under paragraphs (1)(B) and (1)(C) of subsection (a).
          (2) Promulgation of rules and regulations.--The head 
        of any agency, including the Secretary of Treasury, is 
        authorized to take such actions as may be necessary to 
        carry out any authority delegated by the President 
        pursuant to paragraph (1), including promulgating rules 
        and regulations.
          (3) Opportunity for review.--Such rules and 
        regulations shall include procedures affording an 
        opportunity for a person to be heard in an expeditious 
        manner, either in person or through a representative, 
        for the purpose of seeking changes to or termination of 
        any determination, order, designation or other action 
        associated with the exercise of the authority in 
        subsection (a).
    (f) Definition of Foreign Persons.--In this section, the 
term ``foreign person'' means any citizen or national of a 
foreign state or any entity not organized under the laws of the 
United States, including a foreign government official, but 
does not include a foreign state.
    (g) Construction.--Nothing in this section shall be 
construed as precluding judicial review of the exercise of the 
authority described in subsection (a).

SEC. 112.\12\ STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.

    (a) Title 18 Amendments.--Chapter 77 of title 18, United 
States Code, is amended--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 7109.
---------------------------------------------------------------------------
          (1) in each of sections 1581(a), 1583, and 1584--
                  (A) by striking ``10 years'' and inserting 
                ``20 years''; and
                  (B) by adding at the end the following: ``If 
                death results from the violation of this 
                section, or if the violation includes 
                kidnapping or an attempt to kidnap, aggravated 
                sexual abuse or the attempt to commit 
                aggravated sexual abuse, or an attempt to kill, 
                the defendant shall be fined under this title 
                or imprisoned for any term of years or life, or 
                both.'';
          (2) by inserting at the end the following:

``Sec. 1589. Forced labor

    ``Whoever knowingly provides or obtains the labor or 
services of a person--
          ``(1) by threats of serious harm to, or physical 
        restraint against, that person or another person;
          ``(2) by means of any scheme, plan, or pattern 
        intended to cause the person to believe that, if the 
        person did not perform such labor or services, that 
        person or another person would suffer serious harm or 
        physical restraint; or
          ``(3) by means of the abuse or threatened abuse of 
        law or the legal process,
shall be fined under this title or imprisoned not more than 20 
years, or both. If death results from the violation of this 
section, or if the violation includes kidnapping or an attempt 
to kidnap, aggravated sexual abuse or the attempt to commit 
aggravated sexual abuse, or an attempt to kill, the defendant 
shall be fined under this title or imprisoned for any term of 
years or life, or both.

``Sec. 1590. Trafficking with respect to peonage, slavery, involuntary 
                    servitude, or forced labor

    ``Whoever knowingly recruits, harbors, transports, 
provides, or obtains by any means, any person for labor or 
services in violation of this chapter shall be fined under this 
title or imprisoned not more than 20 years, or both. If death 
results from the violation of this section, or if the violation 
includes kidnapping or an attempt to kidnap, aggravated sexual 
abuse, or the attempt to commit aggravated sexual abuse, or an 
attempt to kill, the defendant shall be fined under this title 
or imprisoned for any term of years or life, or both.

``Sec. 1591. Sex trafficking of children or by force, fraud or coercion

    ``(a) Whoever knowingly--
          ``(1) in or affecting interstate commerce, recruits, 
        entices, harbors, transports, provides, or obtains by 
        any means a person; or
          ``(2) benefits, financially or by receiving anything 
        of value, from participation in a venture which has 
        engaged in an act described in violation of paragraph 
        (1),
knowing that force, fraud, or coercion described in subsection 
(c)(2) will be used to cause the person to engage in a 
commercial sex act, or that the person has not attained the age 
of 18 years and will be caused to engage in a commercial sex 
act, shall be punished as provided in subsection (b).
    ``(b) The punishment for an offense under subsection (a) 
is--
          ``(1) if the offense was effected by force, fraud, or 
        coercion or if the person transported had not attained 
        the age of 14 years at the time of such offense, by a 
        fine under this title or imprisonment for any term of 
        years or for life, or both; or
          ``(2) if the offense was not so effected, and the 
        person transported had attained the age of 14 years but 
        had not attained the age of 18 years at the time of 
        such offense, by a fine under this title or 
        imprisonment for not more than 20 years, or both.
    ``(c) In this section:
          ``(1) The term `commercial sex act' means any sex 
        act, on account of which anything of value is given to 
        or received by any person.
          ``(2) The term `coercion' means--
                  ``(A) threats of serious harm to or physical 
                restraint against any person;
                  ``(B) any scheme, plan, or pattern intended 
                to cause a person to believe that failure to 
                perform an act would result in serious harm to 
                or physical restraint against any person; or
                  ``(C) the abuse or threatened abuse of law or 
                the legal process.
          ``(3) The term `venture' means any group of two or 
        more individuals associated in fact, whether or not a 
        legal entity.

``Sec. 1592. Unlawful conduct with respect to documents in furtherance 
                    of trafficking, peonage, slavery, involuntary 
                    servitude, or forced labor

    ``(a) Whoever knowingly destroys, conceals, removes, 
confiscates, or possesses any actual or purported passport or 
other immigration document, or any other actual or purported 
government identification document, of another person--
          ``(1) in the course of a violation of section 1581, 
        1583, 1584, 1589, 1590, 1591, or 1594(a);
          ``(2) with intent to violate section 1581, 1583, 
        1584, 1589, 1590, or 1591; or
          ``(3) to prevent or restrict or to attempt to prevent 
        or restrict, without lawful authority, the person's 
        liberty to move or travel, in order to maintain the 
        labor or services of that person, when the person is or 
        has been a victim of a severe form of trafficking in 
        persons, as defined in section 103 of the Trafficking 
        Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than 
5 years, or both.
    ``(b) Subsection (a) does not apply to the conduct of a 
person who is or has been a victim of a severe form of 
trafficking in persons, as defined in section 103 of the 
Trafficking Victims Protection Act of 2000, if that conduct is 
caused by, or incident to, that trafficking.

``Sec. 1593. Mandatory restitution

    ``(a) Notwithstanding section 3663 or 3663A, and in 
addition to any other civil or criminal penalties authorized by 
law, the court shall order restitution for any offense under 
this chapter.
    ``(b)(1) The order of restitution under this section shall 
direct the defendant to pay the victim (through the appropriate 
court mechanism) the full amount of the victim's losses, as 
determined by the court under paragraph (3) of this subsection.
    ``(2) An order of restitution under this section shall be 
issued and enforced in accordance with section 3664 in the same 
manner as an order under section 3663A.
    ``(3) As used in this subsection, the term `full amount of 
the victim's losses' has the same meaning as provided in 
section 2259(b)(3) and shall in addition include the greater of 
the gross income or value to the defendant of the victim's 
services or labor or the value of the victim's labor as 
guaranteed under the minimum wage and overtime guarantees of 
the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
    ``(c) As used in this section, the term `victim' means the 
individual harmed as a result of a crime under this chapter, 
including, in the case of a victim who is under 18 years of 
age, incompetent, incapacitated, or deceased, the legal 
guardian of the victim or a representative of the victim's 
estate, or another family member, or any other person appointed 
as suitable by the court, but in no event shall the defendant 
be named such representative or guardian.

``Sec. 1594. General provisions

    ``(a) Whoever attempts to violate section 1581, 1583, 1584, 
1589, 1590, or 1591 shall be punishable in the same manner as a 
completed violation of that section.
    ``(b) The court, in imposing sentence on any person 
convicted of a violation of this chapter, shall order, in 
addition to any other sentence imposed and irrespective of any 
provision of State law, that such person shall forfeit to the 
United States--
          ``(1) such person's interest in any property, real or 
        personal, that was used or intended to be used to 
        commit or to facilitate the commission of such 
        violation; and
          ``(2) any property, real or personal, constituting or 
        derived from, any proceeds that such person obtained, 
        directly or indirectly, as a result of such violation.
    ``(c)(1) The following shall be subject to forfeiture to 
the United States and no property right shall exist in them:
          ``(A) Any property, real or personal, used or 
        intended to be used to commit or to facilitate the 
        commission of any violation of this chapter.
          ``(B) Any property, real or personal, which 
        constitutes or is derived from proceeds traceable to 
        any violation of this chapter.
    ``(2) The provisions of chapter 46 of this title relating 
to civil forfeitures shall extend to any seizure or civil 
forfeiture under this subsection.
    ``(d) Witness Protection.--Any violation of this chapter 
shall be considered an organized criminal activity or other 
serious offense for the purposes of application of chapter 224 
(relating to witness protection).''; and
          (3) by amending the table of sections at the 
        beginning of chapter 77 by adding at the end the 
        following new items: * * *
    (b) Amendment to the Sentencing Guidelines.--
          (1) Pursuant to its authority under section 994 of 
        title 28, United States Code, and in accordance with 
        this section, the United States Sentencing Commission 
        shall review and, if appropriate, amend the sentencing 
        guidelines and policy statements applicable to persons 
        convicted of offenses involving the trafficking of 
        persons including component or related crimes of 
        peonage, involuntary servitude, slave trade offenses, 
        and possession, transfer or sale of false immigration 
        documents in furtherance of trafficking, and the Fair 
        Labor Standards Act and the Migrant and Seasonal 
        Agricultural Worker Protection Act.
          (2) In carrying out this subsection, the Sentencing 
        Commission shall--
                  (A) take all appropriate measures to ensure 
                that these sentencing guidelines and policy 
                statements applicable to the offenses described 
                in paragraph (1) of this subsection are 
                sufficiently stringent to deter and adequately 
                reflect the heinous nature of such offenses;
                  (B) consider conforming the sentencing 
                guidelines applicable to offenses involving 
                trafficking in persons to the guidelines 
                applicable to peonage, involuntary servitude, 
                and slave trade offenses; and
                  (C) consider providing sentencing 
                enhancements for those convicted of the 
                offenses described in paragraph (1) of this 
                subsection that--
                          (i) involve a large number of 
                        victims;
                          (ii) involve a pattern of continued 
                        and flagrant violations;
                          (iii) involve the use or threatened 
                        use of a dangerous weapon; or
                          (iv) result in the death or bodily 
                        injury of any person.
          (3) The Commission may promulgate the guidelines or 
        amendments under this subsection in accordance with the 
        procedures set forth in section 21(a) of the Sentencing 
        Act of 1987, as though the authority under that Act had 
        not expired.

SEC. 113.\13\ AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations in Support of the Task 
Force.--To carry out the purposes of sections 104, 105, and 
110, there are authorized to be appropriated to the Secretary 
of State $1,500,000 for fiscal year 2001 and $3,000,000 for 
fiscal year 2002.
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    \13\ 22 U.S.C. 7110.
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    (b) Authorization of Appropriations to the Secretary of 
Health and Human Services.--To carry out the purposes of 
section 107(b), there are authorized to be appropriated to the 
Secretary of Health and Human Services $5,000,000 for fiscal 
year 2001 and $10,000,000 for fiscal year 2002.
    (c) Authorization of Appropriations to the Secretary of 
State.--
          (1) Assistance for victims in other countries.--To 
        carry out the purposes of section 107(a), there are 
        authorized to be appropriated to the Secretary of State 
        $5,000,000 for fiscal year 2001 and $10,000,000 for 
        fiscal year 2002.
          (2) Voluntary contributions to osce.--To carry out 
        the purposes of section 109, there are authorized to be 
        appropriated to the Secretary of State $300,000 for 
        voluntary contributions to advance projects aimed at 
        preventing trafficking, promoting respect for human 
        rights of trafficking victims, and assisting the 
        Organization for Security and Cooperation in Europe 
        participating states in related legal reform for fiscal 
        year 2001.
          (3) Preparation of annual country reports on human 
        rights.--To carry out the purposes of section 104, 
        there are authorized to be appropriated to the 
        Secretary of State such sums as may be necessary to 
        include the additional information required by that 
        section in the annual Country Reports on Human Rights 
        Practices, including the preparation and publication of 
        the list described in subsection (a)(1) of that 
        section.
    (d) Authorization of Appropriations to Attorney General.--
To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Attorney General 
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002.
    (e) Authorization of Appropriations to President.--
          (1) Foreign victim assistance.--To carry out the 
        purposes of section 106, there are authorized to be 
        appropriated to the President $5,000,000 for fiscal 
        year 2001 and $10,000,000 for fiscal year 2002.
          (2) Assistance to foreign countries to meet minimum 
        standards.--To carry out the purposes of section 109, 
        there are authorized to be appropriated to the 
        President $5,000,000 for fiscal year 2001 and 
        $10,000,000 for fiscal year 2002.
    (f) Authorization of Appropriations to the Secretary of 
Labor.--To carry out the purposes of section 107(b), there are 
authorized to be appropriated to the Secretary of Labor 
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002.
          * * * * * * *
             6. International Religious Freedom Act of 1998

Public Law 105-292 [H.R. 2431], 112 Stat. 2787, approved on October 27, 
 1998; amended by Public Law 106-55 [S. 1546], 113 Stat. 401, approved 
August 17, 1999; and by Public Law 106-113 [Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001, H.R. 3427, enacted by reference in sec. 1000(a)(7) of H.R. 3194], 
               113 Stat. 1536, approved November 29, 1999

AN ACT To express United States foreign policy with respect to, and to 
strengthen United States advocacy on behalf of, individuals persecuted 
in foreign countries on account of religion; to authorize United States 
   actions in response to violations of religious freedom in foreign 
   countries; to establish an Ambassador at Large for International 
   Religious Freedom within the Department of State, a Commission on 
International Religious Freedom, and a Special Adviser on International 
 Religious Freedom within the National Security Council; 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.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a)  Short Title.--This Act may be cited as the 
``International Religious Freedom Act of 1998''.
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    \1\ 22 U.S.C. 6401 note.
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    (b) Table of Contents.--The table of contents for this Act 
is as follows:

                                                                   Page

Sec. 1. Short title; table of contents...........................  1077
Sec. 2. Findings; policy.........................................  1078
Sec. 3. Definitions..............................................  1080

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

Sec. 101. Office on International Religious Freedom; Ambassador 
  at Large for International Religious Freedom...................  1082
Sec. 102. Reports................................................  1083
Sec. 103. Establishment of a religious freedom Internet site.....  1085
Sec. 104. Training for Foreign Service officers..................  1085
Sec. 105. High-level contacts with nongovernmental organizations.  1086
Sec. 106. Programs and allocations of funds by United States 
  missions abroad................................................  1086
Sec. 107. Equal access to United States missions abroad for 
  conducting religious 
  activities.....................................................  1086
Sec. 108. Prisoner lists and issue briefs on religious freedom 
  concerns.......................................................  1087

        TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

Sec. 201. Establishment and composition..........................  1087
Sec. 202. Duties of the Commission...............................  1089
Sec. 203. Powers of the Commission...............................  1090
Sec. 204. Commission personnel matters...........................  1091
Sec. 205. Report of the Commission...............................  1092
Sec. 206. Applicability of other laws............................  1092
Sec. 207. Authorization of appropriations........................  1092
Sec. 208. Standards of conduct and disclosure....................  1092
Sec. 209. Termination............................................  1094

                  TITLE III--NATIONAL SECURITY COUNCIL

Sec. 301. Special Adviser on International Religious Freedom.....  1094

                     TITLE IV--PRESIDENTIAL ACTIONS
   Subtitle I--Targeted Responses to Violations of Religious Freedom 
                                 Abroad

Sec. 401. Presidential actions in response to violations of 
  religious freedom..............................................  1095
Sec. 402. Presidential actions in response to particularly severe 
  violations of 
  religious freedom..............................................  1096
Sec. 403. Consultations..........................................  1099
Sec. 404. Report to Congress.....................................  1100
Sec. 405. Description of Presidential actions....................  1101
Sec. 406. Effects on existing contracts..........................  1103
Sec. 407. Presidential waiver....................................  1103
Sec. 408. Publication in Federal Register........................  1104
Sec. 409. Termination of Presidential actions....................  1104
Sec. 410. Preclusion of judicial review..........................  1104

                Subtitle II--Strengthening Existing Law

Sec. 421. United States assistance...............................  1104
Sec. 422. Multilateral assistance................................  1105
Sec. 423. Exports of certain items used in particularly severe 
  violations of religious freedom................................  1105

                TITLE V--PROMOTION OF RELIGIOUS FREEDOM

Sec. 501. Assistance for promoting religious freedom.............  1105
Sec. 502. International broadcasting.............................  1106
Sec. 503. International exchanges................................  1106
Sec. 504. Foreign Service awards.................................  1106

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

Sec. 601. Use of Annual Report...................................  1106
Sec. 602. Reform of refugee policy...............................  1106
Sec. 603. Reform of asylum policy................................  1107
Sec. 604. Inadmissibility of foreign government officials who 
  have engaged in 
  particularly severe violations of religious freedom............  1108
Sec. 605. Studies on the effect of expedited removal provisions 
  on asylum claims...............................................   108

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Business codes of conduct..............................  1109

SEC. 2.\2\ FINDINGS; POLICY.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 6401.
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          (1) The right to freedom of religion undergirds the 
        very origin and existence of the United States. Many of 
        our Nation's founders fled religious persecution 
        abroad, cherishing in their hearts and minds the ideal 
        of religious freedom. They established in law, as a 
        fundamental right and as a pillar of our Nation, the 
        right to freedom of religion. From its birth to this 
        day, the United States has prized this legacy of 
        religious freedom and honored this heritage by standing 
        for religious freedom and offering refuge to those 
        suffering religious persecution.
          (2) Freedom of religious belief and practice is a 
        universal human right and fundamental freedom 
        articulated in numerous international instruments, 
        including the Universal Declaration of Human Rights, 
        the International Covenant on Civil and Political 
        Rights, the Helsinki Accords, the Declaration on the 
        Elimination of All Forms of Intolerance and 
        Discrimination Based on Religion or Belief, the United 
        Nations Charter, and the European Convention for the 
        Protection of Human Rights and Fundamental Freedoms.
          (3) Article 18 of the Universal Declaration of Human 
        Rights recognizes that ``Everyone has the right to 
        freedom of thought, conscience, and religion. This 
        right includes freedom to change his religion or 
        belief, and freedom, either alone or in community with 
        others and in public or private, to manifest his 
        religion or belief in teaching, practice, worship, and 
        observance.''. Article 18(1) of the International 
        Covenant on Civil and Political Rights recognizes that 
        ``Everyone shall have the right to freedom of thought, 
        conscience, and religion. This right shall include 
        freedom to have or to adopt a religion or belief of his 
        choice, and freedom, either individually or in 
        community with others and in public or private, to 
        manifest his religion or belief in worship, observance, 
        practice, and teaching ''. Governments have the 
        responsibility to protect the fundamental rights of 
        their citizens and to pursue justice for all. Religious 
        freedom is a fundamental right of every individual, 
        regardless of race, sex, country, creed, or 
        nationality, and should never be arbitrarily abridged 
        by any government.
          (4) The right to freedom of religion is under renewed 
        and, in some cases, increasing assault in many 
        countries around the world. More than one-half of the 
        world's population lives under regimes that severely 
        restrict or prohibit the freedom of their citizens to 
        study, believe, observe, and freely practice the 
        religious faith of their choice. Religious believers 
        and communities suffer both government-sponsored and 
        government-tolerated violations of their rights to 
        religious freedom. Among the many forms of such 
        violations are state-sponsored slander campaigns, 
        confiscations of property, surveillance by security 
        police, including by special divisions of ``religious 
        police'', severe prohibitions against construction and 
        repair of places of worship, denial of the right to 
        assemble and relegation of religious communities to 
        illegal status through arbitrary registration laws, 
        prohibitions against the pursuit of education or public 
        office, and prohibitions against publishing, 
        distributing, or possessing religious literature and 
        materials.
          (5) Even more abhorrent, religious believers in many 
        countries face such severe and violent forms of 
        religious persecution as detention, torture, beatings, 
        forced marriage, rape, imprisonment, enslavement, mass 
        resettlement, and death merely for the peaceful belief 
        in, change of or practice of their faith. In many 
        countries, religious believers are forced to meet 
        secretly, and religious leaders are targeted by 
        national security forces and hostile mobs.
          (6) Though not confined to a particular region or 
        regime, religious persecution is often particularly 
        widespread, systematic, and heinous under totalitarian 
        governments and in countries with militant, politicized 
        religious majorities.
          (7) Congress has recognized and denounced acts of 
        religious persecution through the adoption of the 
        following resolutions:
                  (A) House Resolution 515 of the One Hundred 
                Fourth Congress, expressing the sense of the 
                House of Representatives with respect to the 
                persecution of Christians worldwide.
                  (B) Senate Concurrent Resolution 71 of the 
                One Hundred Fourth Congress, expressing the 
                sense of the Senate regarding persecution of 
                Christians worldwide.
                  (C) House Concurrent Resolution 102 of the 
                One Hundred Fourth Congress, expressing the 
                sense of the House of Representatives 
                concerning the emancipation of the Iranian 
                Baha'i community.
    (b) Policy.--It shall be the policy of the United States, 
as follows:
          (1) To condemn violations of religious freedom, and 
        to promote, and to assist other governments in the 
        promotion of, the fundamental right to freedom of 
        religion.
          (2) To seek to channel United States security and 
        development assistance to governments other than those 
        found to be engaged in gross violations of the right to 
        freedom of religion, as set forth in the Foreign 
        Assistance Act of 1961, in the International Financial 
        Institutions Act of 1977, and in other formulations of 
        United States human rights policy.
          (3) To be vigorous and flexible, reflecting both the 
        unwavering commitment of the United States to religious 
        freedom and the desire of the United States for the 
        most effective and principled response, in light of the 
        range of violations of religious freedom by a variety 
        of persecuting regimes, and the status of the relations 
        of the United States with different nations.
          (4) To work with foreign governments that affirm and 
        protect religious freedom, in order to develop 
        multilateral documents and initiatives to combat 
        violations of religious freedom and promote the right 
        to religious freedom abroad.
          (5) Standing for liberty and standing with the 
        persecuted, to use and implement appropriate tools in 
        the United States foreign policy apparatus, including 
        diplomatic, political, commercial, charitable, 
        educational, and cultural channels, to promote respect 
        for religious freedom by all governments and peoples.

SEC. 3.\3\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 6402.
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          (1) Ambassador at large.--The term ``Ambassador at 
        Large'' means the Ambassador at Large for International 
        Religious Freedom appointed under section 101(b).
          (2) Annual report.--The term ``Annual Report'' means 
        the Annual Report on International Religious Freedom 
        described in section 102(b).
          (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Foreign Relations of the 
                Senate and the Committee on International 
                Relations of the House of Representatives; and
                  (B) in the case of any determination made 
                with respect to the taking of President action 
                under paragraphs (9) through (15) of section 
                405(a), the term includes the committees 
                described in subparagraph (A) and, where 
                appropriate, the Committee on Banking and 
                Financial Services of the House of 
                Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
          (4) Commensurate action.--The term ``commensurate 
        action'' means action taken by the President under 
        section 405(b).
          (5) Commission.--The term ``Commission'' means the 
        United States Commission on International Religious 
        Freedom established in section 201(a).
          (6) Country reports on human rights practices.--The 
        term ``Country Reports on Human Rights Practices'' 
        means the annual reports required to be submitted by 
        the Department of State to Congress under sections 
        116(d) and 502B(b) of the Foreign Assistance Act of 
        1961.
          (7) Executive summary.--The term ``Executive 
        Summary'' means the Executive Summary to the Annual 
        Report, as described in section 102(b)(1)(F).
          (8) Government or foreign government.--The term 
        ``government'' or ``foreign government'' includes any 
        agency or instrumentality of the government.
          (9) Human rights reports.--The term ``Human Rights 
        Reports'' means all reports submitted by the Department 
        of State to Congress under sections 116 and 502B of the 
        Foreign Assistance Act of 1961.
          (10) Office.--The term ``Office'' means the Office on 
        International Religious Freedom established in section 
        101(a).
          (11) Particularly severe violations of religious 
        freedom.--The term ``particularly severe violations of 
        religious freedom'' means systematic, ongoing, 
        egregious violations of religious freedom, including 
        violations such as--
                  (A) torture or cruel, inhuman, or degrading 
                treatment or punishment;
                  (B) prolonged detention without charges;
                  (C) causing the disappearance of persons by 
                the 
                abduction or clandestine detention of those 
                persons; or
                  (D) other flagrant denial of the right to 
                life, liberty, or the security of persons.
          (12) Special adviser.--The term ``Special Adviser'' 
        means the Special Adviser to the President on 
        International Religious Freedom described in section 
        101(i) of the National Security Act of 1947, as added 
        by section 301 of this Act.
          (13) Violations of religious freedom.--The term 
        ``violations of religious freedom'' means violations of 
        the internationally recognized right to freedom of 
        religion and religious belief and practice, as set 
        forth in the international instruments referred to in 
        section 2(a)(2) and as described in section 2(a)(3), 
        including violations such as--
                  (A) arbitrary prohibitions on, restrictions 
                of, or punishment for--
                          (i) assembling for peaceful religious 
                        activities such as worship, preaching, 
                        and prayer, including arbitrary 
                        registration requirements;
                          (ii) speaking freely about one's 
                        religious beliefs;
                          (iii) changing one's religious 
                        beliefs and affiliation;
                          (iv) possession and distribution of 
                        religious 
                        literature, including Bibles; or
                          (v) raising one's children in the 
                        religious teachings and practices of 
                        one's choice; or
                  (B) any of the following acts if committed on 
                account of an individual's religious belief or 
                practice: detention, interrogation, imposition 
                of an onerous financial penalty, forced labor, 
                forced mass resettlement, imprisonment, forced 
                religious conversion, beating, torture, 
                mutilation, rape, enslavement, murder, and 
                execution.

                TITLE I--DEPARTMENT OF STATE ACTIVITIES

SEC. 101.\4\ OFFICE ON INTERNATIONAL RELIGIOUS FREEDOM; AMBASSADOR AT 
                    LARGE FOR INTERNATIONAL RELIGIOUS FREEDOM.

    (a) Establishment of Office.--There is established within 
the Department of State an Office on International Religious 
Freedom that shall be headed by the Ambassador at Large for 
International Religious Freedom appointed under subsection (b).
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 6411.
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    (b) Appointment.--The Ambassador at Large shall be 
appointed by the President, by and with the advice and consent 
of the Senate.
    (c) Duties.--The Ambassador at Large shall have the 
following responsibilities:
          (1) In general.--The primary responsibility of the 
        Ambassador at Large shall be to advance the right to 
        freedom of religion abroad, to denounce the violation 
        of that right, and to recommend appropriate responses 
        by the United States Government when this right is 
        violated.
          (2) Advisory role.--The Ambassador at Large shall be 
        a principal adviser to the President and the Secretary 
        of State regarding matters affecting religious freedom 
        abroad and, with advice from the Commission on 
        International Religious Freedom, shall make 
        recommendations regarding--
                  (A) the policies of the United States 
                Government toward governments that violate 
                freedom of religion or that fail to ensure the 
                individual's right to religious belief and 
                practice; and
                  (B) policies to advance the right to 
                religious freedom abroad.
          (3) Diplomatic representation.--Subject to the 
        direction of the President and the Secretary of State, 
        the Ambassador at Large is authorized to represent the 
        United States in matters and cases relevant to 
        religious freedom abroad in--
                  (A) contacts with foreign governments, 
                intergovernmental organizations, and 
                specialized agencies of the United Nations, the 
                Organization on Security and Cooperation in 
                Europe, and other international organizations 
                of which the United States is a member; and
                  (B) multilateral conferences and meetings 
                relevant to religious freedom abroad.
          (4) Reporting responsibilities.--The Ambassador at 
        Large shall have the reporting responsibilities 
        described in section 102.
    (d) Funding.--The Secretary of State shall provide the 
Ambassador at Large with such funds as may be necessary for the 
hiring of staff for the Office, for the conduct of 
investigations by the Office, and for necessary travel to carry 
out the provisions of this section.

SEC. 102.\5\ REPORTS.

    (a) Portions of Annual Human Rights Reports.--The 
Ambassador at Large shall assist the Secretary of State in 
preparing those portions of the Human Rights Reports that 
relate to freedom of religion and freedom from discrimination 
based on religion and those portions of other information 
provided Congress under sections 116 and 502B of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151m, 2304) that relate to 
the right to freedom of religion.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 6412.
---------------------------------------------------------------------------
    (b) Annual Report on International Religious Freedom.--
          (1) Deadline for submission.--On September 1 of each 
        year or the first day thereafter on which the 
        appropriate House of Congress is in session, the 
        Secretary of State, with the assistance of the 
        Ambassador at Large, and taking into consideration the 
        recommendations of the Commission, shall prepare and 
        transmit to Congress an Annual Report on International 
        Religious Freedom supplementing the most recent Human 
        Rights Reports by providing additional detailed 
        information with respect to matters involving 
        international religious freedom. Each Annual Report 
        shall contain the following:
                  (A) Status of religious freedom.--A 
                description of the status of religious freedom 
                in each foreign country, including--
                          (i) trends toward improvement in the 
                        respect and protection of the right to 
                        religious freedom and trends toward 
                        deterioration of such right;
                          (ii) violations of religious freedom 
                        engaged in or tolerated by the 
                        government of that country; and
                          (iii) particularly severe violations 
                        of religious 
                        freedom engaged in or tolerated by the 
                        government of that country.
                  (B) Violations of religious freedom.--An 
                assessment and description of the nature and 
                extent of violations of religious freedom in 
                each foreign country, including persecution of 
                one religious group by another religious group, 
                religious persecution by governmental and 
                nongovernmental entities, persecution targeted 
                at individuals or particular denominations or 
                entire religions, the existence of government 
                policies violating religious freedom, and the 
                existence of government policies concerning--
                          (i) limitations or prohibitions on, 
                        or lack of 
                        availability of, openly conducted, 
                        organized religious services outside of 
                        the premises of foreign diplomatic 
                        missions or consular posts; and
                          (ii) the forced religious conversion 
                        of minor United States citizens who 
                        have been abducted or illegally removed 
                        from the United States, and the refusal 
                        to allow such citizens to be returned 
                        to the United States.
                  (C) United states policies.--A description of 
                United States actions and policies in support 
                of religious freedom in each foreign country 
                engaging in or tolerating violations of 
                religious freedom, including a description of 
                the measures and policies implemented during 
                the preceding 12 months by the United States 
                under titles I, IV, and V of this Act in 
                opposition to violations of religious freedom 
                and in support of international religious 
                freedom.
                  (D) International agreements in effect.--A 
                description of any binding agreement with a 
                foreign government entered into by the United 
                States under section 401(b) or 402(c).
                  (E) Training and guidelines of government 
                personnel.--A description of--
                          (i) the training described in section 
                        602(a) and (b) and section 603(b) and 
                        (c) on violations of religious freedom 
                        provided to immigration judges and 
                        consular, refugee, immigration, and 
                        asylum officers; and
                          (ii) the development and 
                        implementation of the guidelines 
                        described in sections 602(c) and 
                        603(a).
                  (F) Executive summary.--An Executive Summary 
                to the Annual Report highlighting the status of 
                religious 
                freedom in certain foreign countries and 
                including the 
                following:
                          (i) Countries in which the united 
                        states is actively promoting religious 
                        freedom.--An identification of foreign 
                        countries in which the United States is 
                        actively promoting religious freedom. 
                        This section of the report shall 
                        include a description of United States 
                        actions taken to promote the 
                        internationally recognized right to 
                        freedom of religion and oppose 
                        violations of such right under title IV 
                        and title V of this Act during the 
                        period covered by the Annual Report. 
                        Any country designated as a country of 
                        particular concern for religious 
                        freedom under section 402(b)(1) shall 
                        be included in this section of the 
                        report.
                          (ii) Countries of significant 
                        improvement in religious freedom.--An 
                        identification of foreign countries the 
                        governments of which have demonstrated 
                        significant improvement in the 
                        protection and promotion of the 
                        internationally recognized right to 
                        freedom of religion during the period 
                        covered by the Annual Report. This 
                        section of the report shall include a 
                        description of the nature of the 
                        improvement and an analysis of the 
                        factors contributing to such 
                        improvement, including actions taken by 
                        the United States under this Act.
          (2) Classified addendum.--If the Secretary of State 
        determines that it is in the national security 
        interests of the United States or is necessary for the 
        safety of individuals to be identified in the Annual 
        Report or is necessary to further the purposes of this 
        Act, any information required by paragraph (1), 
        including measures or actions taken by the United 
        States, may be summarized in the Annual Report or the 
        Executive Summary and submitted in more detail in a 
        classified addendum to the Annual Report or the 
        Executive Summary.
    (c) Preparation of Reports Regarding Violations of 
Religious Freedom.--
          (1) Standards and investigations.--The Secretary of 
        State shall ensure that United States missions abroad 
        maintain a consistent reporting standard and thoroughly 
        investigate reports of violations of the 
        internationally recognized right to freedom of 
        religion.
          (2) Contacts with nongovernmental organizations.--In 
        compiling data and assessing the respect of the right 
        to religious freedom for the Human Rights Reports, the 
        Annual Report on International Religious Freedom, and 
        the Executive Summary, United States mission personnel 
        shall, as appropriate, seek out and maintain contacts 
        with religious and human rights nongovernmental 
        organizations, with the consent of those organizations, 
        including receiving reports and updates from such 
        organizations and, when appropriate, investigating such 
        reports.
    (d) Amendments to the Foreign Assistance Act of 1961.--
          (1) Content of human rights reports for countries 
        receiving economic assistance.--Section 116(d) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is 
        amended--* * *
          (2) Contents of human rights reports for countries 
        receiving security assistance.--Section 502B(b) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is 
        amended--* * *

SEC. 103.\6\ ESTABLISHMENT OF A RELIGIOUS FREEDOM INTERNET SITE.

    In order to facilitate access by nongovernmental 
organizations (NGOs) and by the public around the world to 
international documents on the protection of religious freedom, 
the Secretary of State, with the assistance of the Ambassador 
at Large, shall establish and maintain an Internet site 
containing major international documents relating to religious 
freedom, the Annual Report, the Executive Summary, and any 
other documentation or references to other sites as deemed 
appropriate or relevant by the Ambassador at Large.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 6413.
---------------------------------------------------------------------------

SEC. 104.\7\ TRAINING FOR FOREIGN SERVICE OFFICERS.

    Chapter 2 of title I of the Foreign Service Act of 1980 is 
amended by adding at the end the following new section: * * *
---------------------------------------------------------------------------
    \7\ Added sec. 708 to the Foreign Service Act of 1980 (at 22 U.S.C. 
4028).
---------------------------------------------------------------------------

SEC. 105.\8\ HIGH-LEVEL CONTACTS WITH NONGOVERNMENTAL ORGANIZATIONS.

    United States chiefs of mission shall seek out and contact 
religious nongovernmental organizations to provide high-level 
meetings with religious nongovernmental organizations where 
appropriate and beneficial. United States chiefs of mission and 
Foreign Service officers abroad shall seek to meet with 
imprisoned religious leaders where appropriate and beneficial.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 6414.
---------------------------------------------------------------------------

SEC. 106.\9\ PROGRAMS AND ALLOCATIONS OF FUNDS BY UNITED STATES 
                    MISSIONS ABROAD.

    It is the sense of the Congress that--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 6415.
---------------------------------------------------------------------------
          (1) United States diplomatic missions in countries 
        the governments of which engage in or tolerate 
        violations of the internationally recognized right to 
        freedom of religion should develop, as part of annual 
        program planning, a strategy to promote respect for the 
        internationally recognized right to freedom of 
        religion; and
          (2) in allocating or recommending the allocation of 
        funds or the recommendation of candidates for programs 
        and grants funded by the United States Government, 
        United States diplomatic missions should give 
        particular consideration to those programs and 
        candidates deemed to assist in the promotion of the 
        right to religious freedom.

SEC. 107.\10\ EQUAL ACCESS TO UNITED STATES MISSIONS ABROAD FOR 
                    CONDUCTING RELIGIOUS ACTIVITIES.

    (a) In General.--Subject to this section, the Secretary of 
State shall permit, on terms no less favorable than that 
accorded other nongovernmental activities unrelated to the 
conduct of the diplomatic mission, access to the premises of 
any United States diplomatic mission or consular post by any 
United States citizen seeking to conduct an activity for 
religious purposes.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 6416.
---------------------------------------------------------------------------
    (b) Timing and Location.--The Secretary of State shall make 
reasonable accommodations with respect to the timing and 
location of such access in light of--
          (1) the number of United States citizens requesting 
        the access (including any particular religious concerns 
        regarding the time of day, date, or physical setting 
        for services);
          (2) conflicts with official activities and other 
        nonofficial United States citizen requests;
          (3) the availability of openly conducted, organized 
        religious services outside the premises of the mission 
        or post;
          (4) availability of space and resources; and
          (5) necessary security precautions.
    (c) Discretionary Access for Foreign Nationals.--The 
Secretary of State may permit access to the premises of a 
United States diplomatic mission or consular post to foreign 
nationals for the purpose of attending or participating in 
religious activities conducted pursuant to this section.

SEC. 108.\11\ PRISONER LISTS AND ISSUE BRIEFS ON RELIGIOUS 
                    FREEDOM CONCERNS.

    (a) Sense of the Congress.--To encourage involvement with 
religious freedom concerns at every possible opportunity and by 
all appropriate representatives of the United States 
Government, it is the sense of the Congress that officials of 
the executive branch of Government should promote increased 
advocacy on such issues during meetings between foreign 
dignitaries and executive branch officials or Members of 
Congress.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 6417.
---------------------------------------------------------------------------
    (b) Prisoner Lists and Issue Briefs on Religious Freedom 
Concerns.--The Secretary of State, in consultation with the 
Ambassador at Large, the Assistant Secretary of State for 
Democracy, Human Rights and Labor, United States chiefs of 
mission abroad, regional experts, and nongovernmental human 
rights and religious groups, shall prepare and maintain issue 
briefs on religious freedom, on a country-by-country basis, 
consisting of lists of persons believed to be imprisoned, 
detained, or placed under house arrest for their religious 
faith, together with brief evaluations and critiques of the 
policies of the respective country restricting religious 
freedom. In considering the inclusion of names of prisoners on 
such lists, the Secretary of State shall exercise appropriate 
discretion, including concerns regarding the safety, security, 
and benefit to such prisoners.
    (c) Availability of Information.--The Secretary shall, as 
appropriate, provide religious freedom issue briefs under 
subsection (b) to executive branch officials and Members of 
Congress in anticipation of bilateral contacts with foreign 
leaders, both in the United States and abroad.

        TITLE II--COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SEC. 201.\12\ ESTABLISHMENT AND COMPOSITION.

    (a) In General.--There is established the United States 
Commission on International Religious Freedom.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 6431.
---------------------------------------------------------------------------
    (b) Membership.--
          (1) Appointment.--The Commission shall be composed 
        of--
                  (A) the Ambassador at Large, who shall serve 
                ex officio as a nonvoting member of the 
                Commission; and
                  (B) Nine other members, who shall be United 
                States citizens who are not being paid as 
                officers or employees of the United States, and 
                who shall be appointed as follows:
                          (i) Three members of the Commission 
                        shall be appointed by the President.
                          (ii) Three members of the Commission 
                        shall be appointed by the President pro 
                        tempore of the Senate, of which two of 
                        the members shall be appointed upon the 
                        recommendation of the leader in the 
                        Senate of the political party that is 
                        not the political party of the 
                        President, and of which one of the 
                        members shall be appointed upon the 
                        recommendation of the leader in the 
                        Senate of the other political party.
                          (iii) Three \13\ members of the 
                        Commission shall be appointed by the 
                        Speaker of the House of 
                        Representatives, of which two of the 
                        members shall be appointed upon the 
                        recommendation of the leader in the 
                        House of the political party that is 
                        not the political party of the 
                        President, and of which one of the 
                        members shall be appointed upon the 
                        recommendation of the leader in the 
                        House of the other political party.
---------------------------------------------------------------------------
    \13\ Sec. 2(b) of Public Law 106-55 (113 Stat. 406) struck out 
``three'' and inserted in lieu thereof ``Three''.
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          (2) Selection.--
                  (A) In general.--Members of the Commission 
                shall be selected among distinguished 
                individuals noted for their knowledge and 
                experience in fields relevant to the issue of 
                international religious freedom, including 
                foreign affairs, direct experience abroad, 
                human rights, and international law.
                  (B) Security clearances.--Each member of the 
                Commission shall be required to obtain a 
                security clearance.
          (3) Time of appointment.--The appointments required 
        by paragraph (1) shall be made not later than 120 days 
        after the date of the enactment of this Act.
    (c) Terms.--(1) In general.--The \14\ term of office of 
each member of the Commission shall be 2 years. The term of 
each member of the Commission appointed to the first two-year 
term of the Commission shall be considered to have begun on May 
15, 1999, and shall end on May 14, 2001, regardless of the date 
of appointment to the Commission. The term of each member of 
the Commission appointed to the second two-year term of the 
Commission shall begin on May 15, 2001, and shall end on May 
14, 2003, regardless of the date of appointment to the 
Commission. In the case in which a vacancy in the membership of 
the Commission is filled during a two-year term of the 
Commission, such membership on the Commission shall terminate 
at the end of that two-year term of the Commission.\15\ Members 
of the Commission shall be eligible for reappointment to a 
second term.
---------------------------------------------------------------------------
    \14\ Sec. 1(a)(1)(A) of Public Law 106-55 (113 Stat. 401) struck 
out ``The'' and inserted in lieu thereof ``(1) In general.--The''.
    \15\ Sec. 1(a)(2) of Public Law 106-55 (113 Stat. 401) inserted 
``The term of each member of the Commission appointed to the first two-
year term of the Commission shall be considered to have begun on May 
15, 1999, and shall end on May 14, 2001, regardless of the date of 
appointment to the Commission. The term of each member of the 
Commission appointed to the second two-year term of the Commission 
shall begin on May 15, 2001, and shall end on May 14, 2003, regardless 
of the date of appointment to the Commission. In the case in which a 
vacancy in the membership of the Commission is filled during a two-year 
term of the Commission, such membership on the Commission shall 
terminate at the end of that two-year term of the Commission.''.
---------------------------------------------------------------------------
    (d) Election of Chair.--At the first meeting of the 
Commission in each calendar year, a majority of the members of 
the Commission present and voting shall elect the Chair of the 
Commission.
    (e) Quorum.--Six voting members of the Commission shall 
constitute a quorum for purposes of transacting business.
    (f) Meetings.--Each year, within 15 days, or as soon as 
practicable, after the issuance of the Country Report on Human 
Rights Practices, the Commission shall convene. The Commission 
shall otherwise meet at the call of the Chair or, if no Chair 
has been elected for that calendar year, at the call of six 
voting members of the Commission.
    (g) Vacancies.--Any vacancy of the Commission shall not 
affect its powers, but shall be filled in the manner in which 
the original appointment was made.
    (h) \16\ Administrative Support.--The Administrator of 
General Services shall provide to the Commission on a 
reimbursable basis (or, in the discretion of the Administrator, 
on a nonreimbursable basis) such administrative support 
services as the Commission may request to carry out the 
provisions of this title.
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    \16\ Sec. 1(a)(3) of Public Law 106-55 (113 Stat. 401) amended and 
restated subsec. (h). It previously read as follows:
    ``Administrative Support.--The Secretary of State shall assist the 
Commission by providing to the Commission such staff and administrative 
services of the Office as may be necessary and appropriate for the 
Commission to perform its functions. Any employee of the executive 
branch of Government may be detailed to the Commission without 
reimbursement to the agency of that employee and such detail shall be 
without interruption or loss of civil service status or privilege.''.
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    (i) Funding.--Members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence at 
rates authorized for employees of agencies under subchapter I 
of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission.

SEC. 202.\17\ DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall have as its primary 
responsibility--
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 6432.
---------------------------------------------------------------------------
          (1) the annual and ongoing review of the facts and 
        circumstances of violations of religious freedom 
        presented in the Country Reports on Human Rights 
        Practices, the Annual Report, and the Executive 
        Summary, as well as information from other sources as 
        appropriate; and
          (2) the making of policy recommendations to the 
        President, the Secretary of State, and Congress with 
        respect to matters involving international religious 
        freedom.
    (b) Policy Review and Recommendations in Response to 
Violations.--The Commission, in evaluating United States 
Government policies in response to violations of religious 
freedom, shall consider and recommend options for policies of 
the United States Government with respect to each foreign 
country the government of which has engaged in or tolerated 
violations of religious freedom, including particularly severe 
violations of religious freedom, including diplomatic 
inquiries, diplomatic protest, official public protest demarche 
of protest, condemnation within multilateral fora, delay or 
cancellation of cultural or scientific exchanges, delay or 
cancellation of working, official, or state visits, reduction 
of certain assistance funds, termination of certain assistance 
funds, imposition of targeted trade sanctions, imposition of 
broad trade sanctions, and withdrawal of the chief of mission.
    (c) Policy Review and Recommendations in Response to 
Progress.--The Commission, in evaluating the United States 
Government policies with respect to countries found to be 
taking deliberate steps and making significant improvement in 
respect for the right of religious freedom, shall consider and 
recommend policy options, including private commendation, 
diplomatic commendation, official public commendation, 
commendation within multilateral fora, an increase in cultural 
or scientific exchanges, or both, termination or reduction of 
existing Presidential actions, an increase in certain 
assistance funds, and invitations for working, official, or 
state visits.
    (d) Effects on Religious Communities and Individuals.--
Together with specific policy recommendations provided under 
subsections (b) and (c), the Commission shall also indicate its 
evaluation of the potential effects of such policies, if 
implemented, on the religious communities and individuals whose 
rights are found to be violated in the country in question.
    (e) Monitoring.--The Commission shall, on an ongoing basis, 
monitor facts and circumstances of violations of religious 
freedom, in consultation with independent human rights groups 
and nongovernmental organizations, including churches and other 
religious communities, and make such recommendations as may be 
necessary to the appropriate officials and offices in the 
United States Government.
    (f) \18\ * * * [Repealed--1999]
---------------------------------------------------------------------------
    \18\ Sec. 1(b)(1) of Public Law 106-55 (113 Stat. 401) struck ouf 
subsec. (f), which had read as follows:
    ``(f) Hearings and Sessions.--The Commission may, for the purpose 
of carrying out its duties under this title, hold hearings, sit and act 
at times and places in the United States, take testimony, and receive 
evidence as the Commission considers advisable to carry out the 
purposes of this Act.''.
---------------------------------------------------------------------------

SEC. 203.\19\ POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the 
purpose of carrying out its duties under this title, hold 
hearings, sit and act at times and places in the United States, 
take testimony and receive evidence as the Commission considers 
advisable to carry out the purposes of this Act.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 6432a. Added by sec. 1(b)(3) of Public Law 106-55 
(113 Stat. 401).
---------------------------------------------------------------------------
    (b) Information from Federal Agencies.--The Commission may 
secure directly from any Federal department or agency such 
information as the Commission considers necessary to carry out 
the provisions of this section. Upon request of the Chairperson 
of the Commission, the head of such department or agency shall 
furnish such information to the Commission, subject to 
applicable law.
    (c) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government.
    (d) Administrative Procedures.--The Commission may adopt 
such rules and regulations, relating to administrative 
procedure, as may be reasonably necessary to enable it to carry 
out the provisions of this title.
    (e) Views of the Commission.--The Members of the Commission 
may speak in their capacity as private citizens. Statements on 
behalf of the Commission shall be issued in writing over the 
names of the Members. The Commission shall in its written 
statements clearly describe its statutory authority, 
distinguishing that authority from that of appointed or elected 
officials of the United States Government. Oral statements, 
where practicable, shall include a similar description.
    (f) Travel.--The Members of the Commission may, with the 
approval of the Commission, conduct such travel as is necessary 
to carry out the purpose of this title. Each trip must be 
approved by a majority of the Commission. This provision shall 
not apply to the Ambassador-at-Large, whose travel shall not 
require approval by the Commission.

SEC. 204.\20\ COMMISSION PERSONNEL MATTERS.

    (a) In General.--The Commission may, without regard to the 
civil service laws and regulations, appoint and terminate an 
Executive Director and such other additional personnel as may 
be necessary to enable the Commission to perform its duties. 
The decision to employ or terminate an Executive Director shall 
be made by an affirmative vote of at least six of the nine 
members of the Commission.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 6432b. Added by sec. 1(b)(3) of Public Law 106-55 
(113 Stat. 401).
---------------------------------------------------------------------------
    (b) Compensation.--The Commission may fix the compensation 
of the Executive Director and other personnel without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 
of title 5, United States Code, relating to classification of 
positions and General Schedule pay rates, except that the rate 
of pay for the Executive Director and other personnel may not 
exceed the rate payable for level V of the Executive Schedule 
under section 5316 of such title.
    (c) Professional Staff.--The Commission and the Executive 
Director shall hire Commission staff on the basis of 
professional and nonpartisan qualifications. Commissioners may 
not individually hire staff of the Commission. Staff shall 
serve the Commission as a whole and may not be assigned to the 
particular service of a single Commissioner or a specified 
group of Commissioners. This subsection does not prohibit staff 
personnel from assisting individual members of the Commission 
with particular needs related to their duties.
    (d) Staff and services of Other Federal Agencies.--
          (1) Department of state.--The Secretary of State 
        shall assist the Commission by providing on a 
        reimbursable or nonreimbursable basis to the Commission 
        such staff and administrative services as may be 
        necessary and appropriate to perform its functions.
          (2) Other federal agencies.--Upon the request of the 
        Commission, the head of any Federal department or 
        agency may detail, on a reimbursable or nonreimbursable 
        basis, any of the personnel of that department or 
        agency to the Commission to assist it in carrying out 
        its functions under this title. The detail of any such 
        personnel shall be without interruption or loss of 
        civil service or Foreign Service status or privilege.
    (e) Security Clearances.--The Executive Director shall be 
required to obtain a security clearance. The Executive Director 
may request, on a needs-only basis and in order to perform the 
duties of the Commission, that other personnel of the 
Commission be required to obtain a security clearance. The 
level of clearance shall be the lowest necessary to 
appropriately perform the duties of the Commission.
    (f) Cost.--The Commission shall reimburse all appropriate 
Government agencies for the cost of obtaining clearances for 
members of the commission, for the executive director, and for 
any other personnel.

SEC. 205.\21\ REPORT OF THE COMMISSION.

    (a) In General.--Not later than May 1 of each year, the 
Commission shall submit a report to the President, the 
Secretary of State, and Congress setting forth its 
recommendations for United States policy options based on its 
evaluations under section 202.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 6433. Redesignated from sec. 203 by sec. 1(b)(2) of 
Public Law 106-55 (113 Stat. 401).
---------------------------------------------------------------------------
    (b) Classified Form of Report.--The report may be submitted 
in classified form, together with a public summary of 
recommendations, if the classification of information would 
further the purposes of this Act.
    (c) Individual or Dissenting Views.--Each member of the 
Commission may include the individual or dissenting views of 
the member.

SEC. 206.\22\ APPLICABILITY OF OTHER LAWS.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Commission.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 6434. Redesignated from sec. 204 by sec. 1(b)(2) of 
Public Law 106-55 (113 Stat. 401).
---------------------------------------------------------------------------

SEC. 207.\23\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
the Commission $3,000,000 to carry out the provisions of this 
title.\24\
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 6435. Redesignated from sec. 205 by sec. 1(b)(2) of 
Public Law 106-55 (113 Stat. 401).
    \24\ Sec. 1(b)(4) of Public Law 106-55 (113 Stat. 403) struck out 
``for each of the fiscal years 1999 and 2000 to carry out the 
provisions of this title.'' and inserted in lieu thereof ``to carry out 
the provisions of this title.''.
---------------------------------------------------------------------------
    (b) Availability of Funds.--Amounts authorized to be 
appropriated under subparagraph (a) are authorized to remain 
available until expended but not later than the date of 
termination of the Commission.

SEC. 208.\25\ STANDARDS OF CONDUCT AND DISCLOSURE.

    (a) Cooperation with Nongovernmental Organizations, the 
Department of State, and Congress.--The Commission shall seek 
to effectively and freely cooperate with all entities engaged 
in the promotion of religious freedom abroad, governmental and 
nongovernmental, in the performance of the Commission's duties 
under this title.
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 6435a. Added by sec. 1(b)(5) of Public Law 106-55 
(113 Stat. 403).
---------------------------------------------------------------------------
    (b) Conflict of Interest and Antinepotism.--
          (1) Member affiliations.--Except as provided in 
        paragraph (3), in order to ensure the independence and 
        integrity of the Commission, the Commission may not 
        compensate any nongovernmental agency, project, or 
        person related to or affiliated with any member of the 
        Commission, whether in that member's direct employ or 
        not. Staff employed by the Commission may not serve in 
        the employ of any nongovernmental agency, project, or 
        person related to or affiliated with any member of the 
        Commission while employed by the Commission.
          (2) Staff compensation.--Staff of the Commission may 
        not receive compensation from any other source for work 
        performed in carrying out the duties of the Commission 
        while employed by the Commission.
          (3) Exception.--
                  (A) In general.--Subject to subparagraph (B), 
                paragraph (1) shall not apply to payments made 
                for items such as conference fees or the 
                purchase of periodicals or other similar 
                expenses, if such payments would not cause the 
                aggregate value paid to any agency, project, or 
                person for a fiscal year to exceed $250.
                  (B) Limitation.--Notwithstanding subparagraph 
                (A), the Commission shall not give special 
                preference to any agency, project, or person 
                related to or affiliated with any member of the 
                Commission.
          (4) Definitions.--In this subsection, the term 
        ``affiliated'' means the relationship between a member 
        of the Commission and--
                  (A) an individual who holds the position of 
                officer, trustee, partner, director, or 
                employee of an agency, project, or person of 
                which that member, or relative of that member 
                of, the Commission is an officer, trustee, 
                partner, director, or employee; or
                  (B) a nongovernmental agency or project of 
                which that member, or a relative of that 
                member, of the Commission is an officer, 
                trustee, partner, director, or employee.
    (c) Contract Authority.--
          (1) In general.--Subject to the availability of 
        appropriations, the Commission may contract with and 
        compensate Government agencies or persons for the 
        conduct of activities necessary to the discharge of its 
        functions under this title. Any such person shall be 
        hired without interruption or loss of civil service or 
        Foreign Service status or privilege. The Commission may 
        not procure temporary and intermittent services under 
        section 3109(b) of title 5, United States Code, or 
        under other contracting authority other than that 
        allowed under this title.
          (2) Expert Study.--In the case of a study requested 
        under section 605 of this Act, the Commission may, 
        subject to the availability of appropriations, contract 
        with experts and shall provide the funds for such a 
        study. The Commission shall not be required to provide 
        the funds for that part of the study conducted by the 
        Comptroller General of the United States.
    (d) Gifts.--
          (1) In general.--In order to preserve its 
        independence, the Commission may not accept, use, or 
        dispose of gifts or donations of services or property. 
        An individual Commissioner or employee of the 
        Commission may not, in his or her capacity as a 
        Commissioner or employee, knowingly accept, use or 
        dispose of gifts or donations of services or property, 
        unless he or she in good faith believes such gifts or 
        donations to have a value of less than $50 and a 
        cumulative value during a calendar year of less than 
        $100.
          (2) Exceptions.--This subsection shall not apply to 
        the following:
                  (A) Gifts provided on the basis of a personal 
                friendship with a Commissioner or employee, 
                unless the Commissioner or employee has reason 
                to believe that the gift was provided because 
                of the Commissioner's position and not because 
                of the personal friendship.
                  (B) Gifts provided on the basis of a family 
                relationship.
                  (C) The acceptance of training, invitations 
                to attend or participate in conferences or such 
                other events as are related to the conduct of 
                the duties of the Commission, or food or 
                refreshment associated with such activities.
                  (D) Items of nominal value or gifts of 
                estimated value of $10 or less.
                  (E) De minimis gifts provided by a foreign 
                leader or state, not exceeding a value of $260. 
                Gifts believed by Commissioners to be in excess 
                of $260, but which would create offense or 
                embarrassment to the United States Government 
                if refused, shall be accepted and turned over 
                to the United States Government in accordance 
                with the Foreign Gifts and Decorations Act of 
                1966 and the rules and regulations governing 
                such gifts provided to Members of Congress.
                  (F) Informational materials such as 
                documents, books, videotapes, periodicals, or 
                other forms of communications.
                  (G) Goods or services provided by any agency 
                or component of the Government of the United 
                States, including any commission established 
                under the authority of such Government.
    (e) Annual Financial Report.--In addition to providing the 
reports required under section 202, the Commission shall 
provide, each year no later than January 1, to the Committees 
on International Relations and Appropriations of the House of 
Representatives, and to the Committees on Foreign Relations and 
Appropriations of the Senate, a financial report detailing and 
identifying its expenditures for the preceding fiscal year.

SEC. 209.\26\ TERMINATION.

    The Commission shall terminate on May 14, 2003.\27\
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    \26\ 22 U.S.C. 6436. Redesignated from sec. 206 by sec. 1(b)(2) of 
Public Law 106-55 (113 Stat. 401).
    \27\ Sec. 1(c) of Public Law 106-55 (113 Stat. 405) struck out ``4 
years after the initial appointment of all of the Commissioners'' and 
inserted in lieu thereof ``on May 14, 2003''.
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                  TITLE III--NATIONAL SECURITY COUNCIL

SEC. 301.\28\ SPECIAL ADVISER ON INTERNATIONAL RELIGIOUS FREEDOM.

    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:
---------------------------------------------------------------------------
    \28\ See Legislation on Foreign Relations Through 2001, vol. IV.
---------------------------------------------------------------------------
    ``(i) It is the sense of the Congress that there should be 
within the staff of the National Security Council a Special 
Adviser to the President on International Religious Freedom, 
whose position should be comparable to that of a director 
within the Executive Office of the President. The Special 
Adviser should serve as a resource for executive branch 
officials, compiling and maintaining information on the facts 
and circumstances of violations of religious freedom (as 
defined in section 3 of the International Religious Freedom Act 
of 1998), and making policy recommendations. The Special 
Adviser should serve as liaison with the Ambassador at Large 
for International Religious Freedom, the United States 
Commission on International Religious Freedom, Congress and, as 
advisable, religious nongovernmental organizations.''.

                     TITLE IV--PRESIDENTIAL ACTIONS

   Subtitle I--Targeted Responses to Violations of Religious Freedom 
                                 Abroad

SEC. 401.\29\ PRESIDENTIAL ACTIONS IN RESPONSE TO VIOLATIONS OF 
                    RELIGIOUS FREEDOM.

    (a) Response to violations of religious freedom.--
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 6441.
---------------------------------------------------------------------------
          (1) In general.--
                  (A) United states policy.--It shall be the 
                policy of the United States--
                          (i) to oppose violations of religious 
                        freedom that are or have been engaged 
                        in or tolerated by the governments of 
                        foreign countries; and
                          (ii) to promote the right to freedom 
                        of religion in those countries through 
                        the actions described in subsection 
                        (b).
                  (B) Requirement of presidential action.--For 
                each foreign country the government of which 
                engages in or tolerates violations of religious 
                freedom, the President shall oppose such 
                violations and promote the right to freedom of 
                religion in that country through the actions 
                described in subsection (b).
          (2) Basis of actions.--Each action taken under 
        paragraph (1)(B) shall be based upon information 
        regarding violations of religious freedom, as described 
        in the latest Country Reports on Human Rights 
        Practices, the Annual Report and Executive Summary, and 
        on any other evidence available, and shall take into 
        account any findings or recommendations by the 
        Commission with respect to the foreign country.
    (b) Presidential Actions.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        the President, in consultation with the Secretary of 
        State, the Ambassador at Large, the Special Adviser, 
        and the Commission, shall, as expeditiously as 
        practicable in response to the violations described in 
        subsection (a) by the government of a foreign country--
                  (A) take one or more of the actions described 
                in paragraphs (1) through (15) of section 
                405(a) (or commensurate action in substitution 
                thereto) with respect to such country; or
                  (B) negotiate and enter into a binding 
                agreement with the government of such country, 
                as described in section 405(c).
          (2) Deadline for actions.--Not later than September 1 
        of each year, the President shall take action under any 
        of paragraphs (1) through (15) of section 405(a) (or 
        commensurate action in substitution thereto) with 
        respect to each foreign country the government of which 
        has engaged in or tolerated violations of religious 
        freedom at any time since September 1 of the preceding 
        year, except that in the case of action under any of 
        paragraphs (9) through (15) of section 405(a) (or 
        commensurate action in substitution thereto)--
          (A) the action may only be taken after the 
        requirements of sections 403 and 404 have been 
        satisfied; and
          (B) the September 1 limitation shall not apply.
          (3) Authority for delay of presidential actions.--The 
        President may delay action under paragraph (2) 
        described in any of paragraphs (9) through (15) of 
        section 405(a) (or commensurate action in substitution 
        thereto) if he determines and certifies to Congress 
        that a single, additional period of time, not to exceed 
        90 days, is necessary pursuant to the same provisions 
        applying to countries of particular concern for 
        religious freedom under section 402(c)(3).
    (c) Implementation.--
          (1) In general.--In carrying out subsection (b), the 
        President shall--
                  (A) take the action or actions that most 
                appropriately respond to the nature and 
                severity of the violations of religious 
                freedom;
                  (B) seek to the fullest extent possible to 
                target action as narrowly as practicable with 
                respect to the agency or instrumentality of the 
                foreign government, or specific officials 
                thereof, that are responsible for such 
                violations; and
                  (C) when appropriate, make every reasonable 
                effort to conclude a binding agreement 
                concerning the cessation of such violations in 
                countries with which the United States has 
                diplomatic relations.
          (2) Guidelines for presidential actions.--In addition 
        to the guidelines under paragraph (1), the President, 
        in determining whether to take a Presidential action 
        under paragraphs (9) through (15) of section 405(a) (or 
        commensurate action in substitution thereto), shall 
        seek to minimize any adverse impact on--
                  (A) the population of the country whose 
                government is targeted by the Presidential 
                action or actions; and
                  (B) the humanitarian activities of United 
                States and foreign nongovernmental 
                organizations in such country.

SEC. 402.\30\ PRESIDENTIAL ACTIONS IN RESPONSE TO PARTICULARLY SEVERE 
                    VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Response to Particularly Severe Violations of 
Religious Freedom.--
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 6442.
---------------------------------------------------------------------------
          (1) United states policy.--It shall be the policy of 
        the United States--
                          (A) to oppose particularly severe 
                        violations of religious freedom that 
                        are or have been engaged in or 
                        tolerated by the governments of foreign 
                        countries; and
                          (B) to promote the right to freedom 
                        of religion in those countries through 
                        the actions described in subsection 
                        (c).
          (2) Requirement of presidential action.--Whenever the 
        President determines that the government of a foreign 
        country has engaged in or tolerated particularly severe 
        violations of religious freedom, the President shall 
        oppose such violations and promote the right to 
        religious freedom through one or more of the actions 
        described in subsection (c).
    (b) Designations of Countries of Particular Concern for 
Religious Freedom.--
          (1) Annual review.--
                  (A) In general.--Not later than September 1 
                of each year, the President shall review the 
                status of religious freedom in each foreign 
                country to determine whether the government of 
                that country has engaged in or tolerated 
                particularly severe violations of religious 
                freedom in that country during the preceding 12 
                months or since the date of the last review of 
                that country under this subparagraph, whichever 
                period is longer. The President shall designate 
                each country the government of which has 
                engaged in or tolerated violations described in 
                this subparagraph as a country of particular 
                concern for religious freedom.
                  (B) Basis of review.--Each review conducted 
                under subparagraph (A) shall be based upon 
                information contained in the latest Country 
                Reports on Human Rights Practices, the Annual 
                Report, and on any other evidence available and 
                shall take into account any findings or 
                recommendations by the Commission with respect 
                to the foreign country.
                  (C) Implementation.--Any review under 
                subparagraph (A) of a foreign country may take 
                place singly or jointly with the review of one 
                or more countries and may take place at any 
                time prior to September 1 of the respective 
                year.
          (2) Determinations of responsible parties.--For the 
        government of each country designated as a country of 
        particular concern for religious freedom under 
        paragraph (1)(A), the President shall seek to determine 
        the agency or instrumentality thereof and the specific 
        officials thereof that are responsible for the 
        particularly severe violations of religious freedom 
        engaged in or tolerated by that government in order to 
        appropriately target Presidential actions under this 
        section in response.
          (3) Congressional notification.--Whenever the 
        President designates a country as a country of 
        particular concern for religious freedom under 
        paragraph (1)(A), the President shall, as soon as 
        practicable after the designation is made, transmit to 
        the appropriate congressional committees--
                  (A) the designation of the country, signed by 
                the 
                President; and
                  (B) the identification, if any, of 
                responsible parties determined under paragraph 
                (2).
    (c) Presidential Actions With Respect to Countries of 
Particular Concern for Religious Freedom.--
          (1) In general.--Subject to paragraphs (2), (3), (4), 
        and (5) \31\ with respect to each country of particular 
        concern for religious freedom designated under 
        subsection (b)(1)(A), the President shall, after the 
        requirements of sections 403 and 404 have been 
        satisfied, but not later than 90 days (or 180 days in 
        case of a delay under paragraph (3)) after the date of 
        designation of the country under that subsection, carry 
        out one or more of the following actions under 
        subparagraph (A) or subparagraph (B):
---------------------------------------------------------------------------
    \31\ Sec. 2(1) of Public Law 106-55 (113 Stat. 405) struck out 
``and (4)'' and inserted in lieu thereof ``(4), and (5)''.
---------------------------------------------------------------------------
                  (A) Presidential actions.--One or more of the 

                Presidential actions described in paragraphs 
                (9) through (15) of section 405(a), as 
                determined by the President.
                  (B) Commensurate actions.--Commensurate 
                action in substitution to any action described 
                in subparagraph (A).
          (2) Substitution of binding agreements.--
                  (A) In general.--In lieu of carrying out 
                action under paragraph (1), the President may 
                conclude a binding agreement with the 
                respective foreign government as described in 
                section 405(c). The existence of a binding 
                agreement under this paragraph with a foreign 
                government may be considered by the President 
                prior to making any determination or taking any 
                action under this title.
                  (B) Statutory construction.--Nothing in this 
                paragraph may be construed to authorize the 
                entry of the United States into an agreement 
                covering matters outside the scope of 
                violations of religious freedom.
          (3) Authority for delay of presidential actions.--If, 
        on or before the date that the President is required 
        (but for this paragraph) to take action under paragraph 
        (1), the 
        President determines and certifies to Congress that a 
        single, additional period of time not to exceed 90 days 
        is necessary--
                  (A) for a continuation of negotiations that 
                have been commenced with the government of that 
                country to bring about a cessation of the 
                violations by the foreign country;
                  (B) for a continuation of multilateral 
                negotiations into which the United States has 
                entered to bring about a cessation of the 
                violations by the foreign country;
                  (C)(i) for a review of corrective action 
                taken by the foreign country after designation 
                of such country as a country of particular 
                concern; or
                  (ii) in anticipation that corrective action 
                will be taken by the foreign country during the 
                90-day period,
        then the President shall not be required to take action 
        until the expiration of that period of time.
          (4) \32\ Exception for ongoing presidential action 
        under this act.--The President shall not be required to 
        take action pursuant to this subsection in the case of 
        a country of particular concern for religious freedom, 
        if with respect to such country--
---------------------------------------------------------------------------
    \32\ Sec. 2(2)(a) of Public Law 106-55 (113 Stat. 405) inserted 
``under this act'' after ``Exception for ongoing presidential action''.
---------------------------------------------------------------------------
                  (A) the President has taken action pursuant 
                to this Act in a preceding year;
                  (B) such action is in effect at the time the 
                country is designated as a country of 
                particular concern for religious freedom under 
                this section; and \33\
---------------------------------------------------------------------------
    \33\ Sec. 2(2) of Public Law 106-55 (113 Stat. 405) inserted 
``and'' at the end of subpara. (B); struck out ``; and'' at the end of 
subpara. (C) and inserted in lieu thereof a period; struck out subpara. 
designation (D), added ``(5) Exception for ongoing, multiple, 
broadbased sanctions in response to human rights violations.--At'' to 
convert the text of former subpara. (D) into para. (5).
---------------------------------------------------------------------------
                  (C) the President reports to Congress the 
                information described in section 404(a)(1), 
                (2), (3), and (4) regarding the actions in 
                effect with respect to the country.\33\
          (5) \33\ Exception for ongoing, multiple, broadbased 
        sanctions in response to human rights violations.--At 
        the time the President determines a country to be a 
        country of particular concern, if that country is 
        already subject to multiple, broad-based sanctions 
        imposed in significant part in response to human rights 
        abuses, and such sanctions are ongoing, the President 
        may determine that one or more of these sanctions also 
        satisfies the requirements of this subsection. In a 
        report to Congress pursuant to section 404(a)(1), (2), 
        (3), and (4), and, as applicable, to section 408, the 
        President must designate the specific sanction or 
        sanctions which he determines satisfy the requirements 
        of this subsection. The sanctions so designated shall 
        remain in effect subject to section 409 of this Act.
    (d) Statutory Construction.--A determination under this 
Act, or any amendment made by this Act, that a foreign country 
has engaged in or tolerated particularly severe violations of 
religious freedom shall not be construed to require the 
termination of assistance or other activities with respect to 
that country under any other provision of law, including 
section 116 or 502B of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n, 2304).

SEC. 403.\34\ CONSULTATIONS.

    (a) In General.--As soon as practicable after the President 
decides to take action under section 401 in response to 
violations of religious freedom and the President decides to 
take action under paragraphs (9) through (15) of section 405(a) 
(or commensurate action in substitution thereto) with respect 
to that country, or not later than 90 days after the President 
designates a country as a country of particular concern for 
religious freedom under section 402, as the case may be, the 
President shall carry out the consultations required in this 
section.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 6443.
---------------------------------------------------------------------------
    (b) Duty To Consult With Foreign Governments Prior To 
Taking Presidential Actions.--
          (1) In general.--The President shall--
                  (A) request consultation with the government 
                of such country regarding the violations giving 
                rise to designation of that country as a 
                country of particular concern for religious 
                freedom or to Presidential action under section 
                401; and
                  (B) if agreed to, enter into such 
                consultations, privately or publicly.
          (2) Use of multilateral fora.--If the President 
        determines it to be appropriate, such consultations may 
        be sought and may occur in a multilateral forum, but, 
        in any event, the President shall consult with 
        appropriate foreign governments for the purposes of 
        achieving a coordinated international policy on actions 
        that may be taken with respect to a country described 
        in subsection (a), prior to implementing any such 
        action.
          (3) Election of nondisclosure of negotiations to 
        public.--If negotiations are undertaken or an agreement 
        is concluded with a foreign government regarding steps 
        to cease the pattern of violations by that government, 
        and if public disclosure of such negotiations or 
        agreement would jeopardize the negotiations or the 
        implementation of such agreement, as the case may be, 
        the President may refrain from disclosing such 
        negotiations and such agreement to the public, except 
        that the President shall inform the appropriate 
        congressional committees of the nature and extent of 
        such negotiations and any agreement reached.
    (c) Duty To Consult With Humanitarian Organizations.--The 
President should consult with appropriate humanitarian and 
religious organizations concerning the potential impact of 
United States policies to promote freedom of religion in 
countries described in subsection (a).
    (d) Duty To Consult With United States Interested 
Parties.--The President shall, as appropriate, consult with 
United States interested parties as to the potential impact of 
intended Presidential action or actions in countries described 
in subsection (a) on economic or other interests of the United 
States.

SEC. 404.\35\ REPORT TO CONGRESS.

    (a) In General.--Subject to subsection (b), not later than 
90 days after the President decides to take action under 
section 401 in response to violations of religious freedom and 
the President decides to take action under paragraphs (9) 
through (15) of section 405(a) (or commensurate action in 
substitution thereto) with respect to that country, or not 
later than 90 days after the President designates a country as 
a country of particular concern for religious freedom under 
section 402, as the case may be, the President shall submit a 
report to Congress containing the following:
---------------------------------------------------------------------------
    \35\ 22 U.S.C. 6444.
---------------------------------------------------------------------------
          (1) Identification of presidential actions.--An 
        identification of the Presidential action or actions 
        described in paragraphs (9) through (15) of section 
        405(a) (or commensurate action in substitution thereto) 
        to be taken with respect to the foreign country.
          (2) Description of violations.--A description of the 
        violations giving rise to the Presidential action or 
        actions to be taken.
          (3) Purpose of presidential actions.--A description 
        of the purpose of the Presidential action or actions.
          (4) Evaluation.--
                  (A) Description.--An evaluation, in 
                consultation with the Secretary of State, the 
                Ambassador at Large, the Commission, the 
                Special Adviser, the parties described in 
                section 403(c) and (d), and whoever else the 
                President deems appropriate, of--
                          (i) the impact upon the foreign 
                        government;
                          (ii) the impact upon the population 
                        of the country; and
                          (iii) the impact upon the United 
                        States economy and other interested 
                        parties.
                  (B) Authority to withhold disclosure.--The 
                President may withhold part or all of such 
                evaluation from the public but shall provide 
                the entire evaluation to Congress.
          (5) Statement of policy options.--A statement that 
        noneconomic policy options designed to bring about 
        cessation of the particularly severe violations of 
        religious freedom have reasonably been exhausted, 
        including the consultations required in section 403.
          (6) Description of multilateral negotiations.--A 
        description of multilateral negotiations sought or 
        carried out, if appropriate and applicable.
    (b) Delay in Transmittal of Report.--If, on or before the 
date that the President is required (but for this subsection) 
to submit a report under subsection (a) to Congress, the 
President determines and certifies to Congress that a single, 
additional period of time not to exceed 90 days is necessary 
pursuant to section 401(b)(3) or 402(c)(3), then the President 
shall not be required to submit the report to Congress until 
the expiration of that period of time.

SEC. 405.\36\ DESCRIPTION OF PRESIDENTIAL ACTIONS.

    (a) Description of Presidential Actions.--Except as 
provided in subsection (d), the Presidential actions referred 
to in this subsection are the following:
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 6445.
---------------------------------------------------------------------------
          (1) A private demarche.
          (2) An official public demarche.
          (3) A public condemnation.
          (4) A public condemnation within one or more 
        multilateral fora.
          (5) The delay or cancellation of one or more 
        scientific exchanges.
          (6) The delay or cancellation of one or more cultural 
        exchanges.
          (7) The denial of one or more working, official, or 
        state visits.
          (8) The delay or cancellation of one or more working, 

        official, or state visits.
          (9) The withdrawal, limitation, or suspension of 
        United States development assistance in accordance with 
        section 116 of the Foreign Assistance Act of 1961.
          (10) Directing the Export-Import Bank of the United 
        States, the Overseas Private Investment Corporation, or 
        the Trade and Development Agency not to approve the 
        issuance of any (or a specified number of ) guarantees, 
        insurance, extensions of credit, or participations in 
        the extension of credit with respect to the specific 
        government, agency, instrumentality, or official found 
        or determined by the President to be responsible for 
        violations under section 401 or 402.
          (11) The withdrawal, limitation, or suspension of 
        United States security assistance in accordance with 
        section 502B of the Foreign Assistance Act of 1961.
          (12) Consistent with section 701 of the International 
        Financial Institutions Act of 1977, directing the 
        United States executive directors of international 
        financial institutions to oppose and vote against loans 
        primarily benefiting the specific foreign government, 
        agency, instrumentality, or official found or 
        determined by the President to be responsible for 
        violations under section 401 or 402.
          (13) Ordering the heads of the appropriate United 
        States agencies not to issue any (or a specified number 
        of ) specific licenses, and not to grant any other 
        specific authority (or a specified number of 
        authorities), to export any goods or technology to the 
        specific foreign government, agency, instrumentality, 
        or official found or determined by the President to be 
        responsible for violations under section 401 or 402, 
        under--
                  (A) the Export Administration Act of 1979;
                  (B) the Arms Export Control Act;
                  (C) the Atomic Energy Act of 1954; or
                  (D) any other statute that requires the prior 
                review and approval of the United States 
                Government as a condition for the export or 
                reexport of goods or services.
          (14) Prohibiting any United States financial 
        institution from making loans or providing credits 
        totaling more than $10,000,000 in any 12-month period 
        to the specific foreign government, agency, 
        instrumentality, or official found or determined by the 
        President to be responsible for violations under 
        section 401 or 402.
          (15) Prohibiting the United States Government from 
        procuring, or entering into any contract for the 
        procurement of, any goods or services from the foreign 
        government, entities, or officials found or determined 
        by the President to be responsible for violations under 
        section 401 or 402.
    (b) Commensurate Action.--Except as provided in subsection 
(d), the President may substitute any other action authorized 
by law for any action described in paragraphs (1) through (15) 
of subsection (a) if such action is commensurate in effect to 
the action substituted and if the action would further the 
policy of the United States set forth in section 2(b) of this 
Act. The President shall seek to take all appropriate and 
feasible actions authorized by law to obtain the cessation of 
the violations. If commensurate action is taken, the President 
shall report such action, together with an explanation for 
taking such action, to the appropriate congressional 
committees.
    (c) Binding Agreements.--The President may negotiate and 
enter into a binding agreement with a foreign government that 
obligates such government to cease, or take substantial steps 
to address and phase out, the act, policy, or practice 
constituting the violation of religious freedom. The entry into 
force of a binding agreement for the cessation of the 
violations shall be a primary objective for the President in 
responding to a foreign government that has engaged in or 
tolerated particularly severe violations of religious freedom.
    (d) Exceptions.--Any action taken pursuant to subsection 
(a) or (b) may not prohibit or restrict the provision of 
medicine, medical equipment or supplies, food, or other 
humanitarian assistance.

SEC. 406.\37\ EFFECTS ON EXISTING CONTRACTS.

    The President shall not be required to apply or maintain 
any Presidential action under this subtitle--
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 6446.
---------------------------------------------------------------------------
          (1) in the case of procurement of defense articles or 
        defense services--
                  (A) under existing contracts or subcontracts, 
                including the exercise of options for 
                production quantities, to satisfy requirements 
                essential to the national security of the 
                United States;
                  (B) if the President determines in writing 
                and so reports to Congress that the person or 
                other entity to which the Presidential action 
                would otherwise be applied is a sole source 
                supplier of the defense articles or services, 
                that the defense articles or services are 
                essential, and that alternative sources are not 
                readily or reasonably available; or
                  (C) if the President determines in writing 
                and so reports to Congress that such articles 
                or services are essential to the national 
                security under defense coproduction agreements; 
                or
          (2) to products or services provided under contracts 
        entered into before the date on which the President 
        publishes his intention to take the Presidential 
        action.

SEC. 407.\38\ PRESIDENTIAL WAIVER.

    (a) In General.--Subject to subsection (b), the President 
may waive the application of any of the actions described in 
paragraphs (9) through (15) of section 405(a) (or commensurate 
action in substitution thereto) with respect to a country, if 
the President determines and so reports to the appropriate 
congressional committees that--
---------------------------------------------------------------------------
    \38\ 22 U.S.C. 6447.
---------------------------------------------------------------------------
          (1) the respective foreign government has ceased the 
        violations giving rise to the Presidential action;
          (2) the exercise of such waiver authority would 
        further the purposes of this Act; or
          (3) the important national interest of the United 
        States requires the exercise of such waiver authority.
    (b) Congressional Notification.--Not later than the date of 
the exercise of a waiver under subsection (a), the President 
shall notify the appropriate congressional committees of the 
waiver or the intention to exercise the waiver, together with a 
detailed justification thereof.

SEC. 408.\39\ PUBLICATION IN FEDERAL REGISTER.

    (a) In General.--Subject to subsection (b), the President 
shall cause to be published in the Federal Register the 
following:
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 6448.
---------------------------------------------------------------------------
          (1) Determinations of governments, officials, and 
        entities of particular concern.--Any designation of a 
        country of particular concern for religious freedom 
        under section 402(b)(1), together with, when applicable 
        and to the extent practicable, the identities of the 
        officials or entities determined to be responsible for 
        the violations under section 402(b)(2).
          (2) Presidential actions.--A description of any 
        Presidential action under paragraphs (9) through (15) 
        of section 405(a) (or commensurate action in 
        substitution thereto) and the effective date of the 
        Presidential action.
          (3) Delays in transmittal of presidential action 
        reports.--Any delay in transmittal of a Presidential 
        action report, as described in section 404(b).
          (4) Waivers.--Any waiver under section 407.
    (b) Limited Disclosure of Information.--The President may 
limit publication of information under this section in the same 
manner and to the same extent as the President may limit the 
publication of findings and determinations described in section 
654(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2414(c)), if the President determines that the publication of 
information under this section--
          (1) would be harmful to the national security of the 
        United States; or
          (2) would not further the purposes of this Act.

SEC. 409.\40\ TERMINATION OF PRESIDENTIAL ACTIONS.

    Any Presidential action taken under this Act with respect 
to a foreign country shall terminate on the earlier of the 
following dates:
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 6449.
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          (1) Termination date.--Within 2 years of the 
        effective date of the Presidential action unless 
        expressly reauthorized by law.
          (2) Foreign government actions.--Upon the 
        determination by the President, in consultation with 
        the Commission, and certification to Congress that the 
        foreign government has ceased or taken substantial and 
        verifiable steps to cease the particularly severe 
        violations of religious freedom.

SEC. 410.\41\ PRECLUSION OF JUDICIAL REVIEW.

    No court shall have jurisdiction to review any Presidential 
determination or agency action under this Act or any amendment 
made by this Act.
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    \41\ 22 U.S.C. 6450.
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                Subtitle II--Strengthening Existing Law

SEC. 421. UNITED STATES ASSISTANCE.

    (a) Implementation of Prohibition on Economic Assistance.--
Section 116(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151n(c)) is amended--* * * \42\
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    \42\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. I-A.
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    (b) Implementation of Prohibition on Military Assistance.--
Section 502B(a) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(a)) is amended by adding at the end the following 
new paragraph: * * * \42\

SEC. 422. MULTILATERAL ASSISTANCE.

    Section 701 of the International Financial Institutions Act 
(22 U.S.C. 262d) is amended by adding at the end the following 
new subsection: * * * \43\
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    \43\ For amended text, see Legislation on Foreign Relations Through 
2000, vol. III.
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SEC. 423.\44\ EXPORTS OF CERTAIN ITEMS USED IN PARTICULARLY SEVERE 
                    VIOLATIONS OF RELIGIOUS FREEDOM.

    (a) Mandatory Licensing.--Notwithstanding any other 
provision of law, the Secretary of Commerce, with the 
concurrence of the Secretary of State, shall include on the 
list of crime control and detection instruments or equipment 
controlled for export and reexport under section 6(n) of the 
Export Administration Act of 1979 (22 U.S.C. App. 2405(n)), or 
under any other provision of law, items being exported or 
reexported to countries of particular concern for religious 
freedom that the Secretary of Commerce, with the concurrence of 
the Secretary of State, and in consultation with appropriate 
officials including the Assistant Secretary of State for 
Democracy, Human Rights and Labor and the Ambassador at Large, 
determines are being used or are intended for use directly and 
in significant measure to carry out particularly severe 
violations of religious freedom.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 6461.
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    (b) Licensing Ban.--The prohibition on the issuance of a 
license for export of crime control and detection instruments 
or equipment under section 502B(a)(2) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2304(a)(2)) shall apply to the export 
and reexport of any item included pursuant to subsection (a) on 
the list of crime control instruments.

                TITLE V--PROMOTION OF RELIGIOUS FREEDOM

SEC. 501.\45\ ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \45\ 22 U.S.C. 2151n note.
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          (1) In many nations where severe violations of 
        religious freedom occur, there is not sufficient 
        statutory legal protection for religious minorities or 
        there is not sufficient cultural and social 
        understanding of international norms of religious 
        freedom.
          (2) Accordingly, in the provision of foreign 
        assistance, the United States should make a priority of 
        promoting and developing legal protections and cultural 
        respect for religious freedom.
    (b) Allocation of Funds for Increased Promotion of 
Religious Freedoms.--Section 116(e) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151n(e)) is amended by inserting ``, 
including the right to free religious belief and practice'' 
after ``adherence to civil and political rights''.

SEC. 502. INTERNATIONAL BROADCASTING.

    Section 303(a) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6202(a)) is amended--* * *

SEC. 503. INTERNATIONAL EXCHANGES.

    Section 102(b) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2452(b)) is amended--* * *

SEC. 504. FOREIGN SERVICE AWARDS.

    (a) Performance Pay.--Section 405(d) of the Foreign Service 
Act of 1980 (22 U.S.C. 3965(d)) is amended by inserting after 
the first sentence the following: ``Such service in the 
promotion of internationally recognized human rights, including 
the right to freedom of religion, shall serve as a basis for 
granting awards under this section.''.
    (b) Foreign Service Awards.--Section 614 of the Foreign 
Service Act of 1980 (22 U.S.C. 4013) is amended by adding at 
the end the following new sentence: ``Distinguished, 
meritorious service in the promotion of internationally 
recognized human rights, including the right to freedom of 
religion, shall serve as a basis for granting awards under this 
section.''.

            TITLE VI--REFUGEE, ASYLUM, AND CONSULAR MATTERS

SEC. 601.\46\ USE OF ANNUAL REPORT.

    The Annual Report, together with other relevant 
documentation, shall serve as a resource for immigration judges 
and consular, refugee, and asylum officers in cases involving 
claims of persecution on the grounds of religion. Absence of 
reference by the Annual Report to conditions described by the 
alien shall not constitute the sole grounds for a denial of the 
alien's claim.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 6471.
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SEC. 602. REFORM OF REFUGEE POLICY.

    (a) Training.--Section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157) is amended by adding at the end 
the following new subsection: * * *
    (b) Training for Foreign Service Officers.--Section 708 of 
the Foreign Service Act of 1980, as added by section 104 of 
this Act, is further amended--* * *
    (c) Guidelines for Refugee-Processing Posts.--
          (1) Guidelines for addressing hostile biases.--The 
        Attorney General and the Secretary of State shall 
        develop and implement guidelines that address potential 
        biases in personnel of the Immigration and 
        Naturalization Service and of the Department of State 
        \47\ that are hired abroad and involved with duties 
        which could constitute an effective barrier to a 
        refugee claim if such personnel carries a bias against 
        the claimant on the grounds of religion, race, 
        nationality, membership in a particular social group, 
        or political opinion. The subject matter of this 
        training should be culturally sensitive and tailored to 
        provide a nonbiased, nonadversarial atmosphere for the 
        purpose of refugee adjudications.
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    \47\ Sec. 253(a) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), inserted ``and of the Department of State'' after 
``Service''.
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          (2) Guidelines for refugee-processing posts in 
        establishing agreements with united states government-
        designated refugee processing entities.--The Attorney 
        General and the Secretary of State shall develop and 
        implement guidelines to ensure uniform procedures for 
        establishing agreements with United States Government-
        designated refugee processing entities and personnel, 
        and uniform procedures for such entities and personnel 
        responsible for preparing refugee case files for use by 
        the Immigration and Naturalization Service during 
        refugee adjudications. These procedures should ensure, 
        to the extent practicable, that case files prepared by 
        such entities accurately reflect information provided 
        by the refugee applicants and that genuine refugee 
        applicants are not disadvantaged or denied refugee 
        status due to faulty case file preparation.
          (3) \48\ Not later than 120 days after the date of 
        the enactment of the Admiral James W. Nance and Meg 
        Donovan Foreign Relations Authorization Act, Fiscal 
        Years 2000 and 2001, the Secretary of State (after 
        consultation with the Attorney General) shall issue 
        guidelines to ensure that persons with potential biases 
        against any refugee applicant, including persons 
        employed by, or otherwise subject to influence by, 
        governments known to be involved in persecution on 
        account of religion, race, nationality, membership in a 
        particular social group, or political opinion, shall 
        not in any way be used in processing determinations of 
        refugee status, including interpretation of 
        conversations or examination of documents presented by 
        such applicants.
---------------------------------------------------------------------------
    \48\ Sec. 253(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added para. (3).
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    (d) Annual Consultation.--The President shall include in 
each annual report on proposed refugee admissions under section 
207(d) of the Immigration and Nationality Act (8 U.S.C. 
1157(d)) information about religious persecution of refugee 
populations eligible for consideration for admission to the 
United States. The Secretary of State shall include information 
on religious persecution of refugee populations in the formal 
testimony presented to the Committees on the Judiciary of the 
House of Representatives and the Senate during the consultation 
process under section 207(e) of the Immigration and Nationality 
Act (8 U.S.C. 1157(e)).

SEC. 603.\49\ REFORM OF ASYLUM POLICY.

    (a) Guidelines.--The Attorney General and the Secretary of 
State shall develop guidelines to ensure that persons with 
potential biases against individuals on the grounds of 
religion, race, nationality, membership in a particular social 
group, or political opinion, including interpreters and 
personnel of airlines owned by governments known to be involved 
in practices which would meet the definition of persecution 
under international refugee law, shall not in any manner be 
used to interpret conversations between aliens and inspection 
or asylum officers.
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 6473.
---------------------------------------------------------------------------
    (b) Training for Asylum and Immigration Officers.--The 
Attorney General, in consultation with the Secretary of State, 
the Ambassador at Large, and other relevant officials such as 
the Director of the National Foreign Affairs Training Center, 
shall provide training to all officers adjudicating asylum 
cases, and to immigration officers performing duties under 
section 235(b) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)), on the nature of religious persecution abroad, 
including country-specific conditions, instruction on the 
internationally recognized right to freedom of religion, 
instruction on methods of religious persecution practiced in 
foreign countries, and applicable distinctions within a country 
in the treatment of various religious practices and believers.
    (c) Training for Immigration Judges.--The Executive Office 
of Immigration Review of the Department of Justice shall 
incorporate into its initial and ongoing training of 
immigration judges training on the extent and nature of 
religious persecution internationally, including country-
specific conditions, and including use of the Annual Report. 
Such training shall include governmental and nongovernmental 
methods of persecution employed, and differences in the 
treatment of religious groups by such persecuting entities.

SEC. 604. INADMISSIBILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVE 
                    ENGAGED IN PARTICULARLY SEVERE VIOLATIONS OF 
                    RELIGIOUS FREEDOM.

    (a) Ineligibility for Visas or Admission.--Section 
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following new 
subparagraph: * * *
    (b) \50\ Effective Date.--The amendment made by subsection 
(a) shall apply to aliens seeking to enter the United States on 
or after the date of the enactment of this Act.
---------------------------------------------------------------------------
    \50\ 8 U.S.C. 1182 note.
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SEC. 605.\51\ STUDIES ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS ON 
                    ASYLUM CLAIMS.

    (a) Studies.--
          (1) Commission request for participation by experts 
        on refugee and asylum issues.--If the Commission so 
        requests, the Attorney General shall invite experts 
        designated by the Commission, who are recognized for 
        their expertise and knowledge of refugee and asylum 
        issues, to conduct a study, in cooperation with the 
        Comptroller General of the United States, to determine 
        whether immigration officers described in paragraph (2) 
        are engaging in any of the conduct described in such 
        paragraph.
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 6474.
---------------------------------------------------------------------------
          (2) Duties of comptroller general.--The Comptroller 
        General of the United States shall conduct a study 
        alone or, upon request by the Commission, in 
        cooperation with experts designated by the Commission, 
        to determine whether immigration officers performing 
        duties under section 235(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)) with respect to 
        aliens who may be eligible to be granted asylum are 
        engaging in any of the following conduct:
                  (A) Improperly encouraging such aliens to 
                withdraw their applications for admission.
                  (B) Incorrectly failing to refer such aliens 
                for an interview by an asylum officer for a 
                determination of whether they have a credible 
                fear of persecution (within the meaning of 
                section 235(b)(1)(B)(v) of such Act).
                  (C) Incorrectly removing such aliens to a 
                country where they may be persecuted.
                  (D) Detaining such aliens improperly or in 
                inappropriate conditions.
    (b) Reports.--
          (1) Participation by experts.--In the case of a 
        Commission request under subsection (a), the experts 
        designated by the Commission under that subsection may 
        submit a report to the committees described in 
        paragraph (2). Such report may be submitted with the 
        Comptroller General's report under subsection (a)(2) or 
        independently.
          (2) Duties of comptroller general.--Not later than 
        September 1, 2000, the Comptroller General of the 
        United States shall submit to the Committees on the 
        Judiciary of the House of Representatives and the 
        Senate, the Committee on International Relations of the 
        House of Representatives, and the Committee on Foreign 
        Relations of the Senate a report containing the results 
        of the study conducted under subsection (a)(2). If the 
        Commission requests designated experts to participate 
        with the Comptroller General in the preparation and 
        submission of the report, the Comptroller General shall 
        grant the request.
    (c) Access to Proceedings.--
          (1) In general.--Except as provided in paragraph (2), 
        to facilitate the studies and reports, the Attorney 
        General shall permit the Comptroller General of the 
        United States and, in the case of a Commission request 
        under subsection (a), the experts designated under 
        subsection (a) to have unrestricted access to all 
        stages of all proceedings conducted under section 
        235(b) of the Immigration and Nationality Act.
          (2) Exceptions.--Paragraph (1) shall not apply in 
        cases in which the alien objects to such access, or the 
        Attorney General determines that the security of a 
        particular proceeding would be threatened by such 
        access, so long as any restrictions on the access of 
        experts designated by the Commission under subsection 
        (a) do not contravene international law.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701.\52\ BUSINESS CODES OF CONDUCT.

    (a) Congressional Finding.--Congress recognizes the 
increasing importance of transnational corporations as global 
actors, and their potential for providing positive leadership 
in their host countries in the area of human rights.
---------------------------------------------------------------------------
    \52\ 22 U.S.C. 6481.
---------------------------------------------------------------------------
    (b) Sense of the Congress.--It is the sense of the Congress 
that transnational corporations operating overseas, 
particularly those corporations operating in countries the 
governments of which have engaged in or tolerated violations of 
religious freedom, as identified in the Annual Report, should 
adopt codes of conduct--
          (1) upholding the right to freedom of religion of 
        their employees; and
          (2) ensuring that a worker's religious views and 
        peaceful practices of belief in no way affect, or be 
        allowed to affect, the status or terms of his or her 
        employment.
                      7. Foreign Service Buildings

         a. The Foreign Service Buildings Act, 1926, as amended

Public Law 69-186 [H.R. 10200], 44 Stat. 403, approved May 7, 1926, as 
    amended by Public Law 70-586 [H.R. 10166], 45 Stat. 971, approved 
    May 29, 1928; Public Law 79-33 [H.R. 685], 59 Stat. 53, approved 
    April 19, 1945; Public Law 82-399 [H.R. 6661], 66 Stat. 140, 
    approved June 19, 1952; Public Law 86-723 [S. 2633], 74 Stat. 847, 
    approved September 8, 1960; Public Law 88-94 [H.R. 5207], 77 Stat. 
    121, approved August 12, 1963; Public Law 88-414 [H.R. 11754], 78 
    Stat. 387, approved August 10, 1964; Public Law 89-22 [H.R. 7064], 
    79 Stat. 112, approved May 29, 1965; Public Law 89-636 [H.R. 
    14019], 80 Stat. 881, approved October 10, 1966; Public Law 90-442 
    [H.R. 18065], 82 Stat. 461, approved July 30, 1968; Public Law 91-
    586 [Foreign Service Buildings Appropriations, H.R. 18012], 84 
    Stat. 1578, approved December 24, 1970; Public Law 93-47 [Foreign 
    Service Buildings Appropriations, H.R. 5610], 87 Stat. 98, approved 
    June 22, 1973; Public Law 93-263 [H.R. 12463], 88 Stat. 83, 
    approved April 12, 1974; Public Law 94-141 [Foreign Relations 
    Authorization Act, Fiscal Year 1976; S. 1517], 89 Stat. 756, 
    approved November 29, 1975; Public Law 94-350 [foreign Relations 
    Authorization Act, Fiscal Year 1977; S. 3168], 90 Stat. 823, 
    approved July 12, 1976; Public Law 95-45 [Department of State 
    Appropriations Authorization, Fiscal Year 1977; H.R. 5040], 91 
    Stat. 221, approved June 15, 1977; Public Law 95-105 [Foreign 
    Relations Authorization Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 
    844 at 845, approved August 17, 1977; by Public Law 98-164 
    [Department of State Authorization Act, Fiscal Years 1984 and 1985; 
    H.R. 2915], 97 Stat. 1017, approved November 22, 1983; Public Law 
    99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986, 
    H.R. 2151], 100 Stat. 863, approved August 27, 1986; Public Law 
    101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 
    1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public 
    Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 
    and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; 
    Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, 
    approved December 17, 1993; and by Public Law 105-277 [Foreign 
    Relations Authorization Act, Fiscal Years 1998 and 1999; H.R. 
    4328], 112 Stat. 2681, approved October 21, 1998

AN ACT For the acquisition of buildings and grounds in foreign 
    countries for the use of the Government of the United States of 
    America.\1\
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    \1\ All references in this Act to the Foreign Service Buildings 
Commission were deleted by sec. 2 of Public Law 88-94 (77 Stat. 121).

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That \2\ 
(a) \3\ the Secretary of State is empowered to acquire by 
purchase or construction in the manner hereinafter provided, 
within the limits of appropriations made to carry out \4\ this 
Act, or by exchange, in whole or in part, of any building or 
grounds of the United States in foreign countries and under the 
jurisdiction and control of the Secretary of State, sites and 
buildings in foreign capitals and in other foreign cities, and 
to alter, repair, and furnish such buildings for the use of the 
diplomatic and consular establishments of the United States, or 
for the purpose of consolidating within one or more buildings, 
the embassies, legation, consulates, and other agencies of the 
United States Government there maintained.\5\ The space in such 
buildings shall be allotted by the Secretary of State \6\ among 
the several agencies of the United States Government.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 292. Sec. 1 was amended and restated by Public Law 
70-586 (45 Stat. 971), and further amended by Public Law 88-94 (77 
Stat. 122) and Public Law 89-636 (80 Stat. 881).
    \3\ Sec. 2 of Public Law 89-636 (80 Stat. 881), inserted ``(a)'' 
and added subsec. (b).
    \4\ The words ``to carry out'' were substituted in lieu of 
``pursuant to'' and ``under authority of'', respectively, by sec. 
106(a) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 
Stat. 845).
    \5\ Sec. 134 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995, as amended (Public Law 103-236; 108 Stat. 396; 22 
U.S.C. 292 note), required the following:
    ``sec. 134. property agreements.
    ``Whenever the Department of State enters into lease-purchase 
agreements involving property in foreign countries pursuant to section 
1 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292), the 
Department shall account for such transactions in accordance with 
fiscal year obligations.''.
    Sec. 105 of the Foreign Relations Authorization Act, Fiscal Year 
1979 (92 Stat. 965), directed the Secretary of State to implement 
projects for the application of solar energy or other forms of 
renewable energy in buildings acquired under this section.
    \6\ Sec. 2(b)(4) of Public Law 89-94 (77 Stat. 121), added ``The 
space in such buildings shall be allotted by the Secretary of State''.
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    (b) \3\ Payments made for rent or otherwise by the United 
States from funds other than appropriations made to carry out 
\4\ this Act may be credited toward the acquisition of property 
under this Act without regard to limitations of amounts imposed 
by this Act.
    Sec. 2.\7\ * * * [Repealed--1963]
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    \7\ Sec. 2(c) of Public Law 88-94 (77 Stat. 122), approved August 
12, 1963, repealed sec. 2 of the 1926 Act, establishing the Foreign 
Service Buildings Commission; sec. 2(g) of the 1963 Act repealed all 
references to the Commission in all of the laws of the United States; 
and sec. 2(f) of the 1963 Act repealed sec. 1(e) of Reorganization Plan 
No. 2 of May 9, 1939 (53 Stat. 1432, 66 Stat. 140).
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    Sec. 3.\8\ Buildings and grounds acquired under this Act or 
heretofore acquired or authorized for the use of the diplomatic 
and consular establishments in foreign countries may \9\ be 
used, in the case of buildings and grounds for the diplomatic 
establishment, as Government offices or residences or as such 
offices and residences; or, in the case of other buildings and 
grounds, as such offices or such offices and residences. The 
contracts for purchases of buildings, for leases, and for \10\ 
all work of construction, alteration, and repair under this Act 
are authorized to be negotiated, the terms of the contracts to 
be prescribed, and the work to be performed, where necessary 
\9\ without regard to such statutory provisions as relate to 
the negotiation, making, and performance of contracts and 
performance of work in the United States and without regard to 
section 3648 of the Revised Statutes of the United States (31 
U.S.C. 529).\11\
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    \8\ 22 U.S.C. 294.
    \9\ Sec. 2(c)(1) of Public Law 88-94 (70 Stat. 122) deleted the 
phrases ``subject to the direction of the Commission'' and ``in the 
judgment of the Commission''.
    \10\ Sec. 115(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 656), inserted 
``purchases of buildings, for leases, and for''.
    \11\ Sec. 2(c)(2) of Public Law 88-94 (70 Stat. 122), added ``and 
without regard to * * * (31 U.S.C. 529)''.
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    Sec. 4.\12\ (a) For the purpose of carrying into effect the 
provisions of this Act there is hereby authorized to be 
appropriated an amount not exceeding $10,000,000, and the 
appropriations made pursuant to this authorization shall 
constitute a fund to be known as the Foreign Service Buildings 
Fund, to remain available until expended. Under this 
authorization not more than $2,000,000 shall be appropriated 
for any one year, but within the total authorization provided 
in this Act the Secretary of State \13\ may enter into 
contracts for the acquisition of the buildings and grounds 
authorized by this Act. In the case of the buildings and 
grounds authorized by this Act, after the initial alterations, 
repairs, and furnishings have been completed, subsequent 
expenditures for such purposes may be made out of the 
appropriations authorized by this Act in amounts authorized by 
the Congress each year.\14\
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    \12\ 22 U.S.C. 295.
    \13\ Sec. 2(d) of Public Law 88-94 (70 Stat. 122), struck out the 
phrase ``subject to the direction of the commission''.
    \14\ Sec. 2 of Public Law 82-399 (66 Stat. 140), added the phrase 
``in amounts authorized by Congress each fiscal year''.
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    (b) \15\ For the purpose of carrying into effect the 
provisions of this Act there is hereby authorized to be 
appropriated, in addition to amounts previously authorized, an 
amount not to exceed $90,000,000, which shall be available 
exclusively for payments representing the value, in whole or in 
part, of property or credits in accordance with the provisions 
of the Act of July 25, 1946 (60 Stat. 663). Sums appropriated 
pursuant to this authorization shall remain available until 
expended.
---------------------------------------------------------------------------
    \15\ Subsec.(b) was added by sec. 2 of Public Law 82-399 (66 Stat. 
140).
---------------------------------------------------------------------------
    (c) \16\ For the purpose of carrying into effect the 
provisions of this Act there is hereby authorized to be 
appropriated, in addition to amounts previously authorized, an 
amount not to exceed $10,000,000, which shall remain available 
until expended.
---------------------------------------------------------------------------
    \16\ Subsec. (c) was added by sec. 49 of Public Law 86-723 (74 
Stat. 847).
---------------------------------------------------------------------------
    (d) In addition to amounts authorized before the date of 
enactment of this section, there is hereby authorized to be 
appropriated to the Secretary of State--
          (1) \17\ for acquisition by purchase or construction 
        (including acquisition of leaseholds) of sites and 
        buildings in foreign countries under this Act, and for 
        major alterations of buildings acquired under this Act, 
        the following sums--
---------------------------------------------------------------------------
    \17\ Par. (1) was added by sec. 1 of Public Law 88-94 (77 Stat. 
121).
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                  (A) for use in Africa, not to exceed 
                $7,140,000 of which not to exceed $3,270,000 
                may be appropriated for the fiscal year 1964;
                  (B) for use in the American Republics, not to 
                exceed $5,360,000, of which not to exceed 
                $4,030,000 may be appropriated for the fiscal 
                year 1964;
                  (C) for use in Europe, not to exceed 
                $6,839,000, of which not to exceed $1,820,000 
                may be appropriated for the fiscal year 1964;
                  (D) for use in the Far East, not to exceed 
                $2,350,000, of which not to exceed $2,220,000 
                may be appropriated for the fiscal year 1964;
                  (E) for use in the Near East, not to exceed 
                $2,710,000, of which not to exceed $2,100,000 
                may be appropriated for the fiscal year 1964;
                  (F) for facilities for the United States 
                Information Agency,\18\ not to exceed 
                $1,125,000, of which not to exceed $720,000 may 
                be appropriated for the fiscal year 1964; and
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    \18\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions in subsecs. (d)(1)(F), (f)(1)(F), (g)(1)(F), (h)(1)(C), 
and (h)(1)(F), vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this Act were 
transferred to the Director of the International Communication Agency. 
Sec. 303(b) of Public Law 97-241 (96 Stat. 291) substituted ``United 
States Information Agency'' for ``International Communications Agency'' 
in these subsecs. Subsec. (h)(1)(F) was repealed by Public Law 95-45.
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                  (G) for facilities for agricultural and 
                defense attache housing, not to exceed 
                $800,000, of which not to exceed $400,000 may 
                be appropriated for the fiscal year 1964;
          (2)\19\ for use to carry out the other purposes of 
        this Act, not to exceed $11,500,000 for the fiscal year 
        1964, $12,000,000 for the fiscal year 1965, $12,200,000 
        for the fiscal year 1966, $12,400,000 for the fiscal 
        year 1967.
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    \19\ Paragraph (2) was added by sec. 1 of Public Law 88-94 (77 
Stat. 121); further amended and restated by Public Law 88-414 (78 Stat. 
387); further amended by sec. 1(1) of Public Law 89-636 (80 Stat. 881).
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    (e) \20\ For the purpose of carrying into effect the 
provisions of this Act in South Vietnam, there is hereby 
authorized to be appropriated, in addition to amounts 
previously authorized prior to the enactment of this amendment, 
$2,600,000, to remain available until expended.
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    \20\ Subsec. (e) was added by Public Law 89-22 (79 Stat. 112), and 
amended by sec. 1(2) of Public Law 89-636 (80 Stat. 881), which struck 
out ``$1,000,000'' and inserted ``$2,600,000''.
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    (f) \21\ In addition to amounts authorized before the date 
of enactment of this subsection, there is hereby authorized to 
be appropriated to the Secretary of State--
---------------------------------------------------------------------------
    \21\ Subsec. (f) was added by sec. 1(3) of Public Law 89-636 (80 
Stat. 881). Sums for fiscal years 1970 and 1971 were added by Public 
Law 90-442 (82 Stat. 461); and for fiscal years 1972 and 1973 by Public 
Law 91-586 (84 Stat. 1578).
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          (1) for acquisition by purchase or construction 
        (including acquisition of leaseholds) of sites and 
        buildings in foreign countries under this Act, and for 
        major alterations of buildings acquired under this Act, 
        the following sums--
                  (A) for use in Africa, not to exceed 
                $5,485,000, of which not to exceed $1,885,000 
                may be appropriated for the fiscal year 1967;
                  (B) for use in the American Republics, not to 
                exceed $7,920,000, of which not to exceed 
                $3,585,000 may be appropriated for the fiscal 
                year 1967;
                  (C) for use in Europe, not to exceed 
                $3,310,000, of which not to exceed $785,000 may 
                be appropriated for the fiscal year 1967;
                  (D) for use in the Far East, not to exceed 
                $3,150,000, of which not to exceed $2,890,000 
                may be appropriated for the fiscal year 1967;
                  (E) for use in the Near East, not to exceed 
                $6,930,000, of which not to exceed $1,890,000 
                may be appropriated for the fiscal year 1967;
                  (F) for facilities for the United States 
                Information Agency,\18\ not to exceed $615,000, 
                of which not to exceed $430,000 may be 
                appropriated for the fiscal year 1967;
                  (G) for facilities for agricultural and 
                defense attache housing, not to exceed 
                $800,000, of which not to exceed $400,000 may 
                be appropriated for the fiscal year 1967;
          (2) for use to carry out the other purposes of this 
        Act, not to exceed $12,600,000 for the fiscal year 
        1968, not to exceed $12,750,000 for the fiscal year 
        1969, not to exceed $13,500,000 for the fiscal year 
        1970, not to exceed $14,300,000 for the fiscal year 
        1971, not to exceed $15,000,000 for the fiscal year 
        1972, and not to exceed $15,900,000 for the fiscal year 
        1973.
    (g) \22\ In addition to amounts authorized before the date 
of enactment of this subsection, there is hereby authorized to 
be appropriated to the Secretary of State--
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    \22\ Subsec. (g) was added by Public Law 93-47, renumbering the old 
sec. (g) as (h) and inserting this new sec. (g).
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          (1) for acquisition by purchase or construction 
        (including acquisition of leaseholds) of sites and 
        buildings in foreign countries under this Act, and for 
        major alterations of buildings acquired under this Act, 
        the following sums--
                  (A) for use in Africa, not to exceed 
                $850,000,\23\ of which not to exceed $631,000 
                may be appropriated for the fiscal year 1974;
---------------------------------------------------------------------------
    \23\ Sec. 171(a)(1) of Public Law 94-141 struck out ``$2,190,000'' 
and inserted ``$850,000''.
---------------------------------------------------------------------------
                  (B) for use in the American Republics, not to 
                exceed $240,000,\24\ of which not to exceed 
                $240,000 may be appropriated for the fiscal 
                year 1974;
---------------------------------------------------------------------------
    \24\ Sec. 171(a)(2) of Public Law 94-141 struck out ``$375,000'' 
and inserted ``$240,000''.
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                  (C) for use in Europe, not to exceed 
                $682,000,\25\ of which not to exceed $985,000 
                may be appropriated for the fiscal year 1974;
---------------------------------------------------------------------------
    \25\ Sec. 171(a)(3) of Public Law 94-141 struck out ``$4,780,000'' 
and inserted ``$682,000''.
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                  (D) for use in Africa, not to exceed 
                $1,243,000,\26\ of which not to exceed $204,000 
                may be appropriated for the fiscal year 1974;
---------------------------------------------------------------------------
    \26\ Sec. 171(a)(4) of Public Law 94-141 struck out ``$2,190,000'' 
and inserted ``$1,243,000''.
---------------------------------------------------------------------------
                  (E) for use in the Near East and South Asia, 
                not to exceed $10,433,000,\27\ of which not to 
                exceed $2,287,000 may be appropriated for the 
                fiscal year 1974;
---------------------------------------------------------------------------
    \27\ Sec. 171(a)(5) of Public Law 94-141 struck out ``$3,518,000'' 
and inserted ``$10,433,000''.
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                  (F) for facilities for the United States 
                Information Agency,\18\ not to exceed $45,000 
                for use beginning in the fiscal year 1975;
                  (G) for facilities for agricultural and 
                defense attache housing, not to exceed $318,000 
                for use beginning in the fiscal year 1974; and
          (2) for use to carry out other purposes of this Act 
        for fiscal years 1974 and 1975, $48,532,000,\28\ of 
        which not to exceed $23,066,000 \28\ may be 
        appropriated for fiscal year 1974.
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    \28\ Sec. 1(4) of Public Law 92-263 (88 Stat. 83) struck out 
``$45,800,000'' and ``$21,700,000'' and inserted ``$48,532,000'' and 
``$23,066,000,'' respectively.
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    (h) \29\ In addition to amounts authorized before the date 
of enactment of this subsection, there is authorized to be 
appropriated to the Secretary of State--
---------------------------------------------------------------------------
    \29\ Sec. 171(b) of Public Law 94-141 redesignated subsec. (h) as 
subsec. (i) and inserted this new subsec. (h).
---------------------------------------------------------------------------
          (1) for acquisition by purchase or construction 
        (including acquisition of leaseholds) of sites and 
        buildings in foreign countries under this Act, and for 
        major alterations of buildings acquired under this Act, 
        the following sums--
                  (A) \30\ for use in Europe, not to exceed 
                $225,000 for fiscal year 1977;
---------------------------------------------------------------------------
    \30\ Sec. 3 of Public Law 95-45 (91 Stat. 221) struck out subpars. 
(A) through (G) and inserted the new subpars. (A) through (E).
---------------------------------------------------------------------------
                  (B) \30\ for use in the Near East and South 
                Asia, not to exceed $12,885,000, of which not 
                to exceed $3,985,000 may be appropriated for 
                fiscal year 1976;
                  (C) \30\ for facilities for the United States 
                Information Agency, not to exceed $3,400,000, 
                of which not to exceed $2,800,000 may be 
                appropriated for fiscal year 1976;
                  (D) \30\ for facilities for agricultural and 
                defense attache housing, not to exceed $150,000 
                for fiscal year 1977; and
                  (E) \30\ for facilities for the United States 
                Agency for International Development, not to 
                exceed $17,200,000 for fiscal year 1977; and
          (2) for use to carry out the other purposes of this 
        Act for fiscal years 1976 and 1977, $73,058,000,\31\ of 
        which not to exceed $32,840,000 may be appropriated for 
        fiscal year 1976.
---------------------------------------------------------------------------
    \31\ Sec. 109(1) of the Foreign Relations Authorization Act, Fiscal 
Year 1977 (Public Law 94-350), substituted ``$73,058,000'' in lieu of 
``$71,600,000''.
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    (i) \32\ (1) Sums appropriated under authority of this Act 
shall remain available until expended. To the maximum extent 
feasible, expenditures under this Act shall be made out of 
foreign currencies owned by or owed to the United States.
---------------------------------------------------------------------------
    \32\ Subsec. (i) was added by sec. 1(3) of Public Law 89-636 (80 
Stat. 881) and redesignated subsec. (i) by sec. 171(b)(1) of Public Law 
94-141.
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    (2) \33\ Not to exceed 10 per centum of the funds 
authorized by any subparagraph under paragraph (1) of 
subsections (d), (f), (g), and (h) of this section may be used 
for any of the purposes for which funds are authorized under 
any other subparagraph of any of such paragraph (1).
---------------------------------------------------------------------------
    \33\ Par. (2) was added by Public Law 93-47 and revised by sec. 
171(b)(2) of Public Law 94-141.
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    (3) \34\ There are hereby authorized to be appropriated to 
the Secretary of State such additional or supplemental amounts 
as may be necessary for increases in salary, pay, retirement, 
or other employee benefits authorized by law.
---------------------------------------------------------------------------
    \34\ Paragraph (3) was added by Public Law 93-47 of June 22, 1973.
---------------------------------------------------------------------------
    (j) \35\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \35\ Subsec. (j), added by sec. 109(2) of the Foreign Relations 
Authorization Act, Fiscal Year 1977 (Public Law 94-350), authorized $30 
million in appropriations for Foreign Service buildings in the Union of 
Soviet Socialist Republics, was repealed by sec. 503 of Public Law 103-
199 (107 Stat. 2327).
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    Sec. 5.\36\ For the purposes of this Act the Secretary of 
State is authorized to supervise, preserve, maintain, operate, 
and, when deemed necessary, to insure the Foreign Service 
properties in foreign countries and the other properties 
acquired in accordance with the provisions of this Act; to rent 
and insure objects of art; to collect information and formulate 
plans; and, without regard to civil service and classification 
laws, to obtain architectural and other expert technical 
services as may be necessary and pay therefor the scale of 
professional fees as established by local authority, law or 
custom, and to make expenditures without regard to that part of 
52 Statutes 441 (22 U.S.C. 295a) requiring purchase of articles 
manufactured in the United States.
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 296. Sec. 5 was amended and restated by sec. 3 of 
Public Law 82-399 (66 Stat. 140).
---------------------------------------------------------------------------
    Sec. 6.\37\ The authority granted to acquire sites and 
buildings by purchase or otherwise shall include authority to 
acquire leaseholds.\38\
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 297. Sec. 6 was amended and restated by sec. 4 of 
Public Law 82-399 (66 Stat. 140).
    \38\ Sec. 106(b) of the Foreign Relations Authorization Act, Fiscal 
Year 1978, struck out the words ``of not less than ten years'' which 
formerly appeared at this point.
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    Sec. 7.\39\ The Act entitled ``An Act providing for the 
purchase or erection, within certain limits of cost, of 
embassy, legation, and consular buildings abroad,'' approved 
February 17, 1911, is repealed, but such repeal shall not 
invalidate appropriations already made under the authority of 
such Act.
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    \39\ 22 U.S.C. 298.
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    Sec. 8.\40\ This Act may be cited as the ``Foreign Service 
Buildings Act, 1926''.
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 299.
---------------------------------------------------------------------------
    Sec. 9.\41\ (a) The Secretary of State is authorized--
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    \41\ 22 U.S.C. 300. Sec. 9 was added by Public Law 79-33 (59 Stat. 
53); further amended by sec. 2(e) of Public Law 88-94 (77 Stat. 122); 
further amended and restated by sec. 3 of Public Law 82-399 (80 Stat. 
882).
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          (1) to sell, exchange, lease, or license any property 
        or property interest acquired under this Act, or under 
        other authority, for use of diplomatic and consular 
        establishments in foreign countries or in the United 
        States pursuant to section 204(b)(5) of the State 
        Department Basic Authorities Act of 1956,\42\
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    \42\ Sec. 116(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 25), added this 
reference to the State Department Basic Authorities Act of 1956.
---------------------------------------------------------------------------
          (2) to receive payment in whatever form, or in kind, 
        he determines to be in the interest of the United 
        States for damage to or destruction of property 
        acquired for use of diplomatic and consular 
        establishments abroad, and the contents of such 
        buildings, and
          (3) to accept on behalf of the United States gifts of 
        property or services of any kind made by will or 
        otherwise for the purposes of this Act.
    (b) Proceeds derived from dispositions, payments, or gifts 
under subsection (a) shall, notwithstanding the provisions of 
any other law, be applied toward acquisition, construction, or 
other purposes authorized by this Act or held in the Foreign 
Service Buildings Fund, as in the judgment of the Secretary may 
best serve the Government's interest: Provided, That the 
Secretary shall report all such transactions annually to the 
Congress with the budget estimates of the Department of State.
    (c) \43\ Notwithstanding subsection (b), proceeds from the 
disposition of furniture, furnishings, and equipment from 
diplomatic and consular establishments in foreign countries 
shall be deposited into the Foreign Service Building Fund to be 
available for obligation or expenditure as directed by the 
Secretary.
---------------------------------------------------------------------------
    \43\ Subsec. (c) was added by sec. 401 (h)(2) of Public Law 99-399 
(100 Stat. 863).
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    Sec. 10.\44\ (a) Leases.--Notwithstanding the provisions of 
this or any other Act no lease or other rental arrangement for 
a period of less than ten years, and requiring an annual 
payment in excess of $50,000,\45\ shall be entered into by the 
Secretary of State for the purpose of renting or leasing 
offices, buildings, grounds, or living quarters for the use of 
the Foreign Service abroad, unless such lease or other rental 
arrangement is approved by the Secretary. The Secretary may 
delegate his authority under this section only to the Deputy 
Under Secretary of State for Administration or to the Director 
of the Office of Foreign Buildings. The Secretary shall keep 
the Congress fully and currently informed with respect to 
leases or other rental arrangements approved under this 
section.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 301. Sec. 10 was added by sec. 4 of Public Law 89-
636 (80 Stat. 882). Subsec. (a) designation and its subsection heading, 
and subsec. (b) were added by Sec. 115(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 655).
    \45\ Sec. 115(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 655), increased this 
lease authority from $25,000 to $50,000.
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  (b) \44\, \46\ Advance Payments for Long-Term 
Leases and Lease Purchase.--The Secretary may, subject to the 
availability of appropriations, make advance payments for long-
term leases and lease-purchase agreements, if the Secretary or 
his designee determines, in each case, that such payments are 
in the interest of the United States Government in carrying out 
the purposes of this Act.
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    \46\ Functions vested in the Secretary of State in this section 
were further delegated to the Under Secretary for Management by 
Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 
57 F.R. 2298; January 21, 1992).
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    Sec. 11.\47\ (a) Eligibility for award of contracts under 
this Act or of any other contract by the Secretary of State, 
including lease-back or other agreements, the purpose of which 
is to obtain the construction, alteration, or repair of 
buildings and grounds abroad, when estimated to exceed 
$5,000,000, including any contract alternatives or options, 
shall be limited, after a determination that adequate 
competition will be obtained thereby, to (1) American-owned 
bidders and (2) bidders from countries which permit or agree to 
permit substantially equal access to American bidders for 
comparable diplomatic and consular building projects, except 
that participation may be permitted by or limited to host-
country bidders where required by international agreement or by 
the law of the host country or where determined by the 
Secretary of State to be necessary in the interest of bilateral 
relations or necessary, to carry out the construction project.
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 302. Sec. 136 of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1029), added sec. 11.
---------------------------------------------------------------------------
    (b)(1) Generally applicable laws and regulations pertaining 
to licensing and other qualifications to do business in the 
country in which the contract is to be performed shall not be 
deemed a limitation of access for purposes of this section.
    (2) For purposes of determining competitive status, bids 
qualifying under subsection (a)(1) shall be reduced by ten 
percent.
    (3) A determination of adequacy of competition for purposes 
of subsection (a) shall be made after advance publication by 
the Secretary of State of the proposed project, and receipt 
from not less than two prospective responsible bidders of 
intent to submit a bid or proposal. If competition is not 
determined to be adequate, contracts may be awarded without 
regard to subsection (a) and this subsection.
    (4) Bidder qualification under subsection (a) shall be 
determined on the basis of nationality of ownership, the burden 
of which shall be on the prospective bidder. Qualification 
under subsection (a)(1) shall require evidence of (A) 
performance of similar construction work in the United States, 
and (B) either (i) ownership in excess of fifty percent by 
United States citizens or permanent residents, or (ii) 
incorporation in the United States for more than three years 
and employment of United States citizens or permanent residents 
in more than half of the corporation's permanent full-time 
professional and managerial positions in the United States.
    (5) Qualification under this section shall be established 
on the basis of determinations at the time bids are requested.
    (c) Contracts for construction, alteration, or repair in 
the United States for or on behalf of any foreign mission (as 
defined in section 202(a)(4) of title II of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 4302(a)(4)) 
may, pursuant to the authority by bidders qualifying under 
subsection (a)(1) or (2) or by nationals of the country for 
which the contract is being performed who are granted the right 
of entry into the United States for that purpose.
    (d) Determinations under this section shall be committed to 
the discretion of the Secretary of State.
    (e) This section shall cease to be effective when the 
Secretary of State determines that there are internationally-
agreed-upon rules in effect on bidding for construction 
contracts.
    Sec. 12.\48\ Not later than March 1 of each year, the 
Secretary of State shall submit to Congress a report listing 
overseas United States surplus properties that are administered 
under this Act and that have been identified for sale.
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 303. Added by sec. 2215 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-814).
                       b. The Act of May 25, 1938

 Public Law 75-543 [H.R. 5633], 52 Stat. 441, 22 U.S.C. 295a, approved 
                              May 25, 1938

  AN ACT To provide additional funds for buildings for the use of the 
      diplomatic and consular establishments of the United States.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That for 
the purpose of further carrying into effect the provisions of 
the Foreign Service Buildings Act, 1926, as amended, there is 
authorized to be appropriated, in addition to the amount 
authorized by such Act, an amount not to exceed $5,000,000, of 
which not more than $1,000,000 shall be appropriated for any 
one year. Sums appropriated pursuant to this Act shall be 
available for the purposes and be subject to the conditions and 
limitations of such Act, as amended: Provided, That in the 
expenditure of appropriations for the construction of 
diplomatic and consular establishments, the Secretary of State 
shall, unless in his discretion the interests of the Government 
will not permit, purchase or contract for only articles of 
manufacture of the United States, notwithstanding that such 
articles, when delivered abroad, may cost more if such excess 
of cost be not unreasonable.
                      c. The Act of July 25, 1946

 Public Law 79-547 [H.R. 6627], 60 Stat. 663, 22 U.S.C. 295b, approved 
                             July 25, 1946

    AN ACT For the acquisition of buildings and grounds in foreign 
    countries for the use of the Government of the United States of 
                                America.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That for 
the purpose of further carrying into effect the provisions of 
the Foreign Service Buildings Act of May 7, 1926, as amended 
(22 U.S.C. 291-297), there is authorized to be appropriated in 
addition to the amount authorized by such Act, and the Act of 
May 25, 1938, an amount not to exceed $125,000,000, of which 
$110,000,000 shall be available exclusively for payments 
representing the value, in whole or in part, of property or 
credits of whatever nature acquired through lend-lease 
settlements, the disposal of surplus property abroad, or 
otherwise, and held abroad by the Government or owing the 
Government by any foreign government or by any person or 
organization residing or situated abroad, which property or 
credits may be used by the Department of State for sites, 
buildings, equipment, construction, and leaseholds; such 
payments to be made to the agency of the United States 
administering the property or credits and be treated by such 
agency as though made by the foreign government, person, or 
organization concerned. Sums appropriated pursuant to this Act 
shall be available for the purposes and subject to the 
conditions and limitations of the above Acts, except that there 
shall be no limitation on the amount to be appropriated in any 
one year and that expenditures for furnishings shall not be 
subject to the provisions of section 3709 of the Revised 
Statutes.
                    d. Jerusalem Embassy Act of 1995

      Public Law 104-45 [S. 1322], 109 Stat. 298, enacted without 
               Presidential signature on November 8, 1995

 AN ACT To provide for the relocation of the United States Embassy in 
              Israel to Jerusalem, 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 ``Jerusalem Embassy Act of 
1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
          (1) Each sovereign nation, under international law 
        and custom, may designate its own capital.
          (2) Since 1950, the city of Jerusalem has been the 
        capital of the State of Israel.
          (3) The city of Jerusalem is the seat of Israel's 
        President, Parliament, and Supreme Court, and the site 
        of numerous government ministries and social and 
        cultural institutions.
          (4) The city of Jerusalem is the spiritual center of 
        Judaism, and is also considered a holy city by the 
        members of other religious faiths.
          (5) From 1948-1967, Jerusalem was a divided city and 
        Israeli citizens of all faiths as well as Jewish 
        citizens of all states were denied access to holy sites 
        in the area controlled by Jordan.
          (6) In 1967, the city of Jerusalem was reunited 
        during the conflict known as the Six Day War.
          (7) Since 1967, Jerusalem has been a united city 
        administered by Israel, and persons of all religious 
        faiths have been guaranteed full access to holy sites 
        within the city.
          (8) This year marks the 28th consecutive year that 
        Jerusalem has been administered as a unified city in 
        which the rights of all faiths have been respected and 
        protected.
          (9) In 1990, the Congress unanimously adopted Senate 
        Concurrent Resolution 106, which declares that the 
        Congress ``strongly believes that Jerusalem must remain 
        an undivided city in which the rights of every ethnic 
        and religious group are protected''.
          (10) In 1992, the United States Senate and House of 
        Representatives unanimously adopted Senate Concurrent 
        Resolution 113 of the One Hundred Second Congress to 
        commemorate the 25th anniversary of the reunification 
        of Jerusalem, and reaffirming congressional sentiment 
        that Jerusalem must remain an undivided city.
          (11) The September 13, 1993, Declaration of 
        Principles on Interim Self-Government Arrangements lays 
        out a timetable for the resolution of ``final status'' 
        issues, including Jerusalem.
          (12) The Agreement on the Gaza Strip and the Jericho 
        Area was signed May 4, 1994, beginning the five-year 
        transitional period laid out in the Declaration of 
        Principles.
          (13) In March of 1995, 93 members of the United 
        States Senate signed a letter to Secretary of State 
        Warren Christopher encouraging ``planning to begin 
        now'' for relocation of the United States Embassy to 
        the city of Jerusalem.
          (14) In June of 1993, 257 members of the United 
        States House of Representatives signed a letter to the 
        Secretary of State Warren Christopher stating that the 
        relocation of the United States Embassy to Jerusalem 
        ``should take place no later than . . . 1999''.
          (15) The United States maintains its embassy in the 
        functioning capital of every country except in the case 
        of our democratic friend and strategic ally, the State 
        of Israel.
          (16) The United States conducts official meetings and 
        other business in the city of Jerusalem in de facto 
        recognition of its status as the capital of Israel.
          (17) In 1996, the State of Israel will celebrate the 
        3,000th anniversary of the Jewish presence in Jerusalem 
        since King David's entry.

SEC. 3. TIMETABLE.

    (a) Statement of the Policy of the United States.--
          (1) Jerusalem should remain an undivided city in 
        which the rights of every ethnic and religious group 
        are protected;
          (2) Jerusalem should be recognized as the capital of 
        the State of Israel; and
          (3) the United States Embassy in Israel should be 
        established in Jerusalem no later than May 31, 1999.
    (b) Opening Determination.--Not more than 50 percent of the 
funds appropriated to the Department of State for fiscal year 
1999 for ``Acquisition and Maintenance of Buildings Abroad'' 
may be obligated until the Secretary of State determines and 
reports to Congress that the United States Embassy in Jerusalem 
has officially opened.

SEC. 4. FISCAL YEARS 1996 AND 1997 FUNDING.

    (a) Fiscal Year 1996.--Of the funds authorized to be 
appropriated for ``Acquisition and Maintenance of Buildings 
Abroad'' for the Department of State in fiscal year 1996, not 
less than $25,000,000 should be made available until expended 
only for construction and other costs associated with the 
establishment of the United States Embassy in Israel in the 
capital of Jerusalem.
    (b) Fiscal Year 1997.--Of the funds authorized to be 
appropriated for ``Acquisition and Maintenance of Buildings 
Abroad'' for the Department of State in fiscal year 1997, not 
less than $75,000,000 should be made available until expended 
only for construction and other costs associated with the 
establishment of the United States Embassy in Israel in the 
capital of Jerusalem.

SEC. 5. REPORT ON IMPLEMENTATION.

    Not later than 30 days after the date of enactment of this 
Act, the Secretary of State shall submit a report to the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations of the Senate detailing the Department of 
State's plan to implement this Act. Such report shall include--
          (1) estimated dates of completion for each phase of 
        the establishment of the United States Embassy, 
        including site identification, land acquisition, 
        architectural, engineering and construction surveys, 
        site preparation, and construction; and
          (2) an estimate of the funding necessary to implement 
        this Act, including all costs associated with 
        establishing the United States Embassy in Israel in the 
        capital of Jerusalem.

SEC. 6. SEMIANNUAL REPORTS.

    At the time of the submission of the President's fiscal 
year 1997 budget request, and every six months thereafter, the 
Secretary of State shall report to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate on the progress made toward opening the United States 
Embassy in Jerusalem.

SEC. 7. PRESIDENTIAL WAIVER.

    (a) Waiver Authority.--(1) Beginning on October 1, 1998, 
the President may suspend the limitation set forth in section 
3(b) for a period of six months if he determines and reports to 
Congress in advance that such suspension is necessary to 
protect the national security interests of the United States.
    (2) The President may suspend such limitation for an 
additional six month period at the end of any period during 
which the suspension is in effect under this subsection if the 
President determines and reports to Congress in advance of the 
additional suspension that the additional suspension is 
necessary to protect the national security interests of the 
United States.
    (3) A report under paragraph (1) or (2) shall include--
          (A) a statement of the interests affected by the 
        limitation that the President seeks to suspend; and
          (B) a discussion of the manner in which the 
        limitation affects the interests.
    (b) Applicability of Waiver to Availability of Funds.--If 
the President exercises the authority set forth in subsection 
(a) in a fiscal year, the limitation set forth in section 3(b) 
shall apply to funds appropriated in the following fiscal year 
for the purpose set forth in such section 3(b) except to the 
extent that the limitation is suspended in such following 
fiscal year by reason of the exercise of the authority in 
subsection (a).

SEC. 8. DEFINITION.

    As used in this Act, the term ``United States Embassy'' 
means the offices of the United States diplomatic mission and 
the residence of the United States chief of mission.
                8. International Center Act, as amended

Public Law 90-553 [H.R. 16175], 82 Stat. 958, approved October 8, 1968; 
   as amended by Public Law 93-40 [International Center for Foreign 
 Chanceries--Appropriations; S. 1235], 87 Stat. 74, approved June 12, 
1973; Public Law 97-186 [S. 1611] 99 Stat. 101, approved May 25, 1982; 
  Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 
1986 and 1987; H.R. 2068], 99 Stat. 405, approved August 16, 1985; and 
  by Public Law 101-246 [Foreign Relations Authorization Act, Fiscal 
 Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 
                                  1990

 AN ACT To authorize the transfer, conveyance, lease, and improvement 
of, and construction on, certain property in the District of Columbia, 
for use as a headquarters site for the Organization of American States, 
 as sites for governments of foreign countries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That: in 
order to facilitate the conduct of foreign relations by the 
Department of State in Washington, District of Columbia, 
through the creation of a more propitious atmosphere for the 
establishment of foreign government and international 
organization offices and other facilities, the Secretary of 
State is authorized to develop in coordination with the 
Administrator of General Services for, or to sell, exchange, or 
lease; to foreign governments and international organizations 
property owned by the United States in the Northwest sections 
of the District of Columbia bounded by Connecticut Avenue, Yuma 
Street, 36th Street, Reno Road, and Tilden Street, except that 
portion of lot 802 in square 1964, the jurisdiction over which 
was transferred to the District of Columbia for use as an 
educational facility, upon such terms and conditions as the 
Secretary may prescribe. Every lease, contract of sale, deed, 
and other document of transfers shall provide (a) that the 
foreign government shall devote the property transferred to use 
for legation purposes, or (b) that the international 
organization shall devote the property transferred to its 
official uses.
    Sec. 2.\1\ Upon the request of any foreign government or 
international organization and with funds provided by such 
government or organization in advance, the Secretary of State 
in conjunction with the Administrator of General Services, is 
authorized to design, construct, and equip a headquarters 
building or related facilities on property conveyed described 
in the first section of this Act.
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    \1\ Sec. 124(1) of Public Law 99-93 (99 Stat. 405), amended sec. 2 
by striking out ``Administrator of General Services'' and inserting in 
lieu thereof ``Secretary of State, in conjunction with the 
Administrator of General Services,''; and by striking out ``conveyed 
pursuant to'' and inserting in lieu thereof ``described in''.
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    Sec. 3. The Act of June 20, 1938 (D.C. Code, secs. 5-413 to 
5-428), shall not apply to buildings constructed on property 
transferred or conveyed pursuant to this Act including section 
3 of this Act as in effect January 1, 1980. Plans showing the 
location, height, bulk, number of stories, and size of, and the 
provisions for open space and offstreet parking in and around, 
such buildings shall be approved by the National Capital 
Planning Commission, and plans showing the height and 
appearance, color, and texture of the materials of exterior 
construction of such buildings shall be approved by the 
Commission of Fine Arts prior to the construction thereof.
    Sec. 4.\2\ (a) The demolition or removal of existing 
structures, site preparation, and the construction, 
reconstruction, relocation, and rebuilding of (1) public 
streets and sidewalks, (2) public sewers and their 
appurtenances, (3) water mains, fire hydrants, and other parts 
of the public water supply and distribution system, (4) the 
fire alarm system, (5) other utilities, (6) facilities for 
security maintenance, and (7) related improvements necessary to 
accomplish the purposes of this Act, which are within or 
contiguous to the area described in section 1 of this Act and 
which are occasioned in carrying out the provisions of this 
Act, shall be provided by the Secretary of State, in 
coordination with the Administrator of General Services and the 
government of the District of Columbia.
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    \2\ Sec. 124(2) of Public Law 99-93 (99 Stat. 405), added the text 
of sec. 2(a)(6) and the text of sec. 2(b).
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    (b) The Secretary of State shall periodically advise the 
Committees on Foreign Affairs and Public Works and 
Transportation of the House of Representatives \3\ and the 
Committee on Foreign Relations of the Senate on construction of 
facilities for security or maintenance under this section.
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    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(a)(9) 
of that Act provided that references to the Committee on Public Works 
and Transportation shall be treated as referring to the Committee on 
Transportation and Infrastructure.
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    (c) \4\ (1)(A) The Department of State is authorized to 
require the payment of a fee by other executive agencies of the 
United States for the lease or use of facilities located at the 
International Center which are used for the purposes of 
security and maintenance. Any payments received for lease or 
use of such facilities shall be credited to the account 
entitled ``International Center, Washington, District of 
Columbia'' and shall be available, without fiscal year 
limitation, to cover the operation and maintenance expenses of 
such facilities, including administration, maintenance, 
utilities, repairs, and alterations.
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    \4\ Sec. 120 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 26), added subsec. 
(c).
    Under ``Administration of Foreign Affairs; Diplomatic and Consular 
Programs'', the Department of State and Related Agency Appropriations 
Act, 2001 (title IV of H.R. 5548, enacted by reference in Public Law 
106-553; 114 Stat. 32762A-91) provided: ``In addition, not to exceed 
$1,252,000 shall be derived from fees collected from other executive 
agencies for lease or use of facilities located at the International 
Center in accordance with section 4 of the International Center Act, as 
amended; in addition, as authorized by section 5 of such Act $490,000, 
to be derived from the reserve authorized by that section, to be used 
for the purposes set out in that section;''.
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                  (B) The authority of subparagraph (A) shall 
                be exercised only to such extent or in such 
                amounts as a re provided in advance in an 
                appropriation Act.
          (2) For purposes of paragraph (1), the term 
        ``Executive agencies'' is used within the meaning of 
        section 105 of title 5, United States Code.
    Sec. 5. There is hereby authorized to be appropriated, 
without fiscal year limitation, not to exceed $2,200,000 to 
carry out the purposes of section 5 of this Act: Provided, That 
such sums as may be appropriated hereunder shall be reimbursed 
to the Treasury from \5\ proceeds of the sale, exchange, or 
lease of property to foreign governments and international 
organizations as provided for in this first section of this 
Act. All proceeds received from such sales, exchanges, or 
leases shall, notwithstanding the provisions of section 3617 of 
the Revised Statutes (31 U.S.C. 484) or any other law, be paid 
into a special account with the Treasurer of the United States, 
such account to be administered by the Secretary of State for 
the purposes set out in section 5 of this Act. All sums 
remaining in such special account after completion of the 
projects authorized in section 5 shall be covered into the 
Treasury as miscellaneous receipts.\6\ The Secretary may retain 
therefrom a reserve for maintenance and security of those 
public improvements authorized by this Act which have not been 
conveyed to a government or international organization under 
the first section of this Act, and for surveys and plans 
related to development of additional areas within the Nation's 
Capital for chancery and diplomatic purposes. Amounts in the 
reserve will be available only to the extent and in such 
amounts as provided in advance in appropriations Acts.
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    \5\ The text from the beginning of the section to the footnote was 
added by Public Law 93-40 (87 Stat. 74).
    \6\ The text from the footnote to the end of the Act was added by 
Public Law 97-186 (96 Stat. 101).
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    Sec. 6. This Act may be cited as the International Center 
Act.
                    9. Foreign Gifts and Decorations

        a. Foreign Gifts and Decorations Act of 1966, as amended

 Public Law 89-673 [S. 2463], 80 Stat. 592, approved October 15, 1966; 
  as amended by Public Law 90-83 [H.R. 5876], 81 Stat. 195, approved 
                           September 11, 1967

   AN ACT To grant the consent of the Congress to the acceptance of 
 certain gifts and decorations from foreign governments, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Gifts and Decorations Act of 
1966''.
    Sec. 2.\1\ In this Act--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2621.
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          (1) The term ``person'' includes every person who 
        occupies an office or a position in the Government of 
        the United States, its territories and possessions, the 
        Canal Zone government, and the government of the 
        District of Columbia, or is a member of the Armed 
        Forces of the United States, or a member of the family 
        and household of any such person.
          (2) The term ``foreign government'' includes every 
        foreign government and every official, agent, or 
        representative thereof.
          (3) The term ``gift'' includes any present or thing, 
        other than a decoration, tendered by or received from a 
        foreign government.
          (4) The term ``decoration'' includes any order, 
        device, medal, badge, insignia, or emblem tendered by 
        or received from a foreign government.
    Sec. 3.\2\ * * * [Repealed--1967]
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    \2\ Secs. 3, 4, 5, 7, and 8 were repealed by sec. 10(b) of Public 
Law 90-83 (81 Stat. 224). They were superseded by sec. 1(45)(c) of 
Public Law 90-83 (81 Stat. 200), as amended and restated by sec. 515 of 
the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 
95-105; 91 Stat. 862).
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    Sec. 4.\2\ * * * [Repealed--1967]
    Sec. 5.\2\ * * * [Repealed--1967]
    Sec. 6.\3\ Any gift or decoration on deposit with the 
Department of State on the date of enactment of this Act shall, 
when approved by the Secretary of State and the appropriate 
department, agency, office, or other entity, be released to the 
donee or his legal representative. Such donee may, if 
authorized, be entitled to wear any decoration so approved. A 
gift or decoration not approved for release, because of any 
special or unusual circumstances involved, shall be deemed a 
gift to the United States and shall be deposited by the donee 
in accordance with the rules and regulations issued pursuant to 
this Act.
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    \3\ 22 U.S.C. 2625.
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    Sec. 7.\2\ * * * [Repealed--1967]
    Sec. 8.\2\ * * * [Repealed--1967]
b. Senate Resolution 314, 90th Congress (Report No. 90-1427), approved 
                             July 19, 1968

                               resolution

    Resolved, That the Committee on Rules and Administration is 
hereby authorized to grant approval, for the purposes of 
section 7342 of title 5, United States Code, and regulations 
prescribed thereunder, of the acceptance, retention, and 
wearing by a Member, officer, or employee of the Senate of a 
decoration tendered by a foreign government in recognition of 
active field service in time of combat operations or awarded 
for other outstanding or unusually meritorious service.
      c. Receipt and Disposition of Foreign Gifts and Decorations

  Partial text of Public Law 95-105 [H.R. 6689], 91 Stat. 844 at 862, 
                      approved August 17, 1977 \1\

          * * * * * * *
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    \1\ The previous comprehensive amendment to sec. 7342 of title 5, 
U.S.C., was contained in Public Law 90-83 [H.R. 5876], 81 Stat. 195, 
approved Sept. 11, 1967. Sec. 7342 of title 5, U.S.C., was further 
amended by sec. 712 of the Foreign Relations Authorization Act, Fiscal 
Year 1979 (Public Law 95-426; 92 Stat. 994). Sec. 712(d) of such Act 
further stated: ``(d) In the event that the space and facilities 
available to the Secretary of the Senate for carrying out his 
responsibilities in storing and safeguarding property in his custody 
under section 7342 of title 5, United States Code, are insufficient for 
such purpose, he may, with the approval of the Committee on Rules and 
Administration of the Senate, lease such space and facilities as may be 
necessary for such purpose. Rental payments under any such lease and 
expenses incurred in connection therewith shall be paid from the 
contingent fund of the Senate upon vouchers approved by the Secretary 
of the Senate.''.
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                     foreign gifts and decorations

    Sec. 515. (a)(1) Section 7342 of title 5, United States 
Code, is amended to read as follows:

``Sec. 7342. Receipt and disposition of foreign gifts and decorations

    ``(a) For the purpose of this section--
          ``(1) `employee' means--
                  ``(A) an employee as defined by section 2105 
                of this title and an officer or employee of the 
                United States Postal Service or of the Postal 
                Rate Commission;
                  ``(B) an expert or consultant who is under 
                contract under section 3109 of this title with 
                the United States or any agency, department, or 
                establishment thereof, including, in the case 
                of an organization performing services under 
                such section, any individual involved in the 
                performance of such services;
                  ``(C) an individual employed by, or occupying 
                an office or position in, the government of a 
                territory or possession of the United States or 
                the government of the District of Columbia;
                  ``(D) a member of a uniformed service;
                  ``(E) the President and the Vice President;
                  ``(F) a Member of Congress as defined by 
                section 2106 of this title (except the Vice 
                President) and any Delegate to the Congress; 
                and
                  ``(G) the spouse of an individual described 
                in subparagraphs (A) through (F) (unless such 
                individual and his or her spouse are separated) 
                or a dependent (within the meaning of section 
                152 of the Internal Revenue Code of 1954) of 
                such an individual, other than a spouse or 
                dependent who is an employee under 
                subparagraphs (A) through (F);
          ``(2) `foreign government' means--
                  ``(A) any unit of foreign governmental 
                authority, including any foreign national, 
                State, local, and municipal government;
                  ``(B) any international or multinational 
                organization whose membership is composed of 
                any unit of foreign government described in 
                subparagraph (A); and
                  ``(C) any agent or representative of any such 
                unit or such organization, while acting as 
                such;
          ``(3) `gift' means a tangible or intangible present 
        (other than a decoration) tendered by, or received 
        from, a foreign government;
          ``(4) `decoration' means an order, device, medal, 
        badge, insignia, emblem, or award tendered by, or 
        received from, a foreign government;
          ``(5) `minimal value' means a retail value in the 
        United States at the time of acceptance of $100 or 
        less, except that--
                  ``(A) on January 1, 1981, and at 3 year 
                intervals thereafter, `minimal value' shall be 
                redefined in regulations prescribed by the 
                Administrator of General Services, in 
                consultation with the Secretary of State, to 
                reflect changes in the consumer price index for 
                the immediately preceding 3-year period; and
                  ``(B) regulations of an employing agency may 
                define `minimal value' for its employees to be 
                less than the value established under this 
                paragraph; and
          ``(6) `employing agency' means--
                  ``(A) the Committee on Standards of Official 
                Conduct of the House of Representatives, for 
                Members and employees of the House of 
                Representatives, except that those 
                responsibilities specified in subsections 
                (c)(2)(A), (e)(1), and (g)(2)(B) shall be 
                carried out by the Clerk of the House;
                  ``(B) the Select Committee on Ethics of the 
                Senate, for Senators and employees of the 
                Senate, except that those responsibilities 
                (other than responsibilities involving approval 
                of the employing agency) specified in 
                subsections (c)(2), (d) and (g)(2)(B) shall be 
                carried out by the Secretary of the Senate; \2\
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    \2\ The words to this point beginning with ``except that'' were 
added by sec. 712(a)(2) of Public Law 95-426 (92 Stat. 994).
---------------------------------------------------------------------------
                  ``(C) the Administrative Office of the United 
                States Courts, for judges and judicial branch 
                employees; and
                  ``(D) the department, agency, office, or 
                other entity in which an employee is employed, 
                for other legislative branch employees and for 
                all executive branch employees.
    ``(b) An employee may not--
          ``(1) request or otherwise encourage the tender of a 
        gift or decoration; or
          ``(2) accept a gift or decoration, other than in 
        accordance with the provisions of subsections (c) and 
        (d).
    ``(c)(1) The Congress consents to--
          ``(A) the accepting and retaining by an employee of a 
        gift of minimal value tendered and received as a 
        souvenir or mark of courtesy; and
          ``(B) the accepting by an employee of a gift of more 
        than minimal value when such gift is in the nature of 
        an educational scholarship or medical treatment or when 
        it appears that to refuse the gift would likely cause 
        offense or embarrassment or otherwise adversely affect 
        the foreign relations of the United States, except 
        that--
                  ``(i) a tangible gift of more than minimal 
                value is deemed to have been accepted on behalf 
                of the United States and, upon acceptance, 
                shall become the property of the United States; 
                and
                  ``(ii) an employee may accept gifts of travel 
                or expenses for travel taking place entirely 
                outside the United States
        (such as transportation, food, and lodging) of more 
        than minimal value if such acceptance is appropriate, 
        consistent with the interests of the United States, and 
        permitted by the employing agency and any regulations 
        which may be prescribed by employing agency.
    ``(2) Within 60 days after accepting a tangible gift of 
more than minimal value (other than a gift described in 
paragraph (1)(B)(ii)), an employee shall--
          ``(A) deposit the gift for disposal with his or her 
        employing agency; or
          ``(B) subject to the approval of the employing 
        agency, deposit the gift with that agency for official 
        use.
Within 30 days after terminating the official use of a gift 
under subparagraph (B), the employing agency shall forward the 
gift to the Administrator of General Services in accordance 
with subsection (e)(1) or provide for its disposal in 
accordance with subsection (e)(2).\3\
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    \3\ The words to this point beginning with ``(1) or provide'' were 
added by sec. 712(b)(1) of Public Law 95-426 (92 Stat. 994).
---------------------------------------------------------------------------
    ``(3) When an employee deposits a gift of more than minimal 
value for disposal or for official use pursuant to paragraph 
(2), or within 30 days after accepting travel or travel 
expenses as provided in paragraph (1)(B)(ii) unless such travel 
or travel expenses are accepted in accordance with specific 
instructions of his or her employing agency, the employee shall 
file a statement with his or her employing agency or its 
delegate containing the information prescribed in subsection 
(f) for that gift.
    ``(d) The Congress consents to the accepting, retaining, 
and wearing by an employee of a decoration tendered in 
recognition of active field service in time of combat 
operations or awarded for other outstanding or unusually 
meritorious performance, subject to the approval of the 
employing agency of such employee. Without this approval, the 
decoration is deemed to have been accepted on behalf of the 
United States, shall become the property of the United States, 
and shall be deposited by the employee, within sixty days of 
acceptance, with the employing agency for official use, for 
forwarding to the Administrator of General Services for 
disposal in accordance with subsection (e)(1), or for provide 
for its disposal in accordance with subsection (e)(2).\3\
    ``(e)(1) \4\ Except as provided in paragraph (2), gifts and 
decorations that have been deposited with an employing agency 
for disposal shall be (A) returned to the donor, or (B) 
forwarded to the Administrator of General Services for 
transfer, donation, or other disposal in accordance with the 
provisions of the Federal Property and Administrative Services 
Act of 1949. However, no gift or decoration that has been 
deposited for disposal may be sold without the approval of the 
Secretary of State, upon a determination that the sale will not 
adversely affect the foreign relations of the United States. 
Gifts and decorations may be sold by negotiated sale.
---------------------------------------------------------------------------
    \4\ Sec. 712(c) of Public Law 95-426 (92 Stat. 994) added the 
paragraph designation ``(1)'' and added a new par. (2).
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    ``(2) \4\ Gifts and decorations received by a Senator or an 
employee of the Senate that are deposited with the Secretary of 
the Senate for disposal, or are deposited for an official use 
which has terminated, shall be disposed of by the Commission on 
Arts and Antiquities of the United States Senate. Any such gift 
or decoration may be returned by the Commission to the donor or 
may be transferred or donated by the Commission, subject to 
such terms and conditions as it may prescribe, (A) to an agency 
or instrumentality of (i) the United States, (ii) a State, 
territory, or possession of the United States, or a political 
subdivision of the foregoing, or (iii) the District of 
Columbia, or (B) to an organization described in section 
501(c)(3) of the Internal Revenue Code of 1954 which is exempt 
from taxation under section 501(a) of such Code. Any such gift 
or decoration not disposed of as provided in the preceding 
sentence shall be forwarded to the Administrator of General 
Services for disposal in accordance with paragraph (1). If the 
Administrator does not dispose of such gift or decoration 
within one year, he shall, at the request of the Commission, 
return it to the Commission and the Commission may dispose of 
such gift or decoration in such manner as it considers proper, 
except that such gift or decoration may be sold only with the 
approval of the Secretary of State upon a determination that 
the sale will not adversely affect the foreign relations of the 
United States.
    ``(f)(1) Not later than January 31 of each year, each 
employing agency or its delegate shall compile a listing of all 
statements filed during the preceding year by the employees of 
that agency pursuant to subsection (c)(3) and shall transmit 
such listing to the Secretary of State who shall publish a 
comprehensive listing of all such statements in the Federal 
Register.
    ``(2) Such listings shall include for each tangible gift 
reported--
          ``(A) the name and position of the employee;
          ``(B) a brief description of the gift and the 
        circumstances justifying acceptance;
          ``(C) the identity, if known, of the foreign 
        government and the name and position of the individual 
        who presented the gift;
          ``(D) the date of acceptance of the gift;
          ``(E) the estimated value in the United States of the 
        gift at the time of acceptance; and
          ``(F) disposition or current location of the gift.
    ``(3) Such listings shall include for each gift of travel 
or travel expenses--
          ``(A) the name and position of the employee;
          ``(B) a brief description of the gift and the 
        circumstances justifying acceptance; and
          ``(C) the identity, if known, of the foreign 
        government and the name and position of the individual 
        who presented the gift.
    ``(4) In transmitting such listings for the Central 
Intelligence Agency, the Director of Central Intelligence may 
delete the information described in subparagraphs (A) and (C) 
of paragraphs (2) and (3) if the Director certifies in writing 
to the Secretary of State that the publication of such 
information could adversely affect United States intelligence 
sources.
    ``(g)(1) Each employing agency shall prescribe such 
regulations as may be necessary to carry out the purpose of 
this section. For all employing agencies in the executive 
branch, such regulations shall be prescribed pursuant to 
guidance provided by the Secretary of State. These regulations 
shall be implemented by each employing agency for its 
employees.
    ``(2) Each employing agency shall--
          ``(A) report to the Attorney General cases in which 
        there is reason to believe that an employee has 
        violated this section;
          ``(B) establish a procedure for obtaining an 
        appraisal, when necessary, of the value of gifts; and
          ``(C) take any other actions necessary to carry out 
        the purpose of this section.
    ``(h) The Attorney General may bring a civil action in any 
district court of the United States against any employee who 
knowingly solicits or accepts a gift from a foreign government 
not consented to by this section or who fails to deposit or 
report such gift as required by this section. The court in 
which such action is brought may assess a penalty against such 
employee in any amount not to exceed the retail value of the 
gift improperly solicited or received plus $5,000.
    ``(i) The President shall direct all Chiefs of a United 
States Diplomatic Mission to inform their host governments that 
it is a general policy of the United States Government to 
prohibit United States Government employees from receiving 
gifts or decorations of more than minimal value.
    ``(j) Nothing in this section shall be construed to 
derogate any regulation prescribed by any employing agency 
which provides for more stringent limitations on the receipt of 
gifts and decorations by its employees.
    ``(k) The provisions of this section do not apply to grants 
and other forms of assistance to which section 108A of the 
Mutual Educational and Cultural Exchange Act of 1961 
applies.''.
    (2) The amendment made by paragraph (1) of this subsection 
shall take effect on January 1, 1978.
    (b)(1) After September 30, 1977, no appropriated funds, 
other than funds from the ``Emergencies in the Diplomatic and 
Consular Service'' account of the Department of State, may be 
used to purchase any tangible gift of more than minimal value 
(as defined in section 7342(a)(5) of title 5, United States 
Code) for any foreign individual unless such gift has been 
approved by the Congress.
    (2) Beginning October 1, 1977, the Secretary of State shall 
annually transmit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report containing details on (1) any 
gifts of more than minimal value purchased with appropriated 
funds which were given to a foreign individual during the 
previous fiscal year, and (2) any other gifts of more than 
minimal value given by the United States Government to a 
foreign individual which were not obtained using appropriated 
funds.
                  d. Gifts and Decorations Regulations

 Regulations of the Secretary of State, Department Regulation 108.556, 
 22 CFR 3.1 through 3.12, April 28, 1967, 32 F.R. 6569; as revised by 
          Dept. Reg. 108.798, December 8, 1980, 45 F.R. 80819

         PART 3--GIFTS AND DECORATIONS FROM FOREIGN GOVERNMENTS

    Authority: Sec. 515(a)(1), 91 Stat. 862, amending 5 U.S.C. 
7342 (1976).

Sec. 3.1  Purpose.

  These regulations provide basic standards for employees of 
the Department of State, the United States International 
Development Cooperation Agency (IDCA), the Agency for 
International Development (AID), and the United States 
Information Agency (USIA),\1\ their spouses (unless separated) 
and their dependents to accept and retain gifts and decorations 
from foreign governments.
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    \1\ ``United States Information Agency'' was substituted for 
``International Communication Agency'' pursuant to sec. 303(b) of 
Public Law 97-241 (96 Stat. 291; 22 U.S.C. 1461 note), which provided 
that: ``Any reference in any statute, reorganization plan, Executive 
order, regulation, agreement, determination, or other official document 
or proceeding to the International Communication Agency or the Director 
or other official of the International Communication Agency shall be 
deemed to refer respectively to the United States Information Agency or 
the Director or other official of the United States Information Agency, 
as so redesignated by subsection (a).''.
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Sec. 3.2  Authority.

  (a) Section 515(a)(1) of the Foreign Relations Authorization 
Act of 1978 (91 Stat. 862-866), approved August 17, 1977 
(hereafter referred to as ``the Act'') amended Section 7342 of 
Title 5, U.S. Code (1976), making substantial changes in the 
law relating to the acceptance and retention of gifts and 
decorations from foreign governments.
  (b) 5 U.S.C. 7342(g) authorizes each employing agency to 
prescribe regulations as necessary to carry out the new law.

Sec. 3.3  Definitions.

  When used in this part, the following terms have the meanings 
indicated:
  (a) ``Employee'' means (1) an officer or employee of the 
Department, AID, IDCA, or USIA,\1\ including an expert or 
consultant, however appointed, and (2) a spouse (unless 
separated) or a dependent of such a person, as defined in 
section 152 of the Internal Revenue Code of 1954 (26 U.S.C. 
152).
  (b) ``Foreign government'' means: (1) any unit of foreign 
governmental authority, including any foreign national, State, 
local, or municipal government; (2) any international or 
multinational organization whose membership is composed of any 
unit of foreign government as described in subsection (b)(1) of 
this section; (3) any agent or representative of any such unit 
or organization, while acting as such;
  (c) ``Gift'' means a tangible or intangible present (other 
than a decoration) tendered by, or received from, a foreign 
government;
  (d) ``Decoration'' means an order, device, medal, badge, 
insignia, emblem or award tendered by, or received from, a 
foreign government;
  (e) ``Minimal value'' means retail value in the United States 
at the time of acceptance of $100 or less, except that on 
January 1, 1981, and at 3-year intervals thereafter, ``minimal 
value'' is to be redefined in regulations prescribed by the 
Administrator of General Services, in consultation with the 
Secretary of State, to reflect changes in the consumer price 
index for the immediately preceding 3-year period.

Sec. 3.4  Restriction on acceptance of gifts and decorations.

  (a) An employee is prohibited from requesting or otherwise 
encouraging the tender of a gift or decoration from a foreign 
government. An employee is also prohibited from accepting a 
gift or decoration from a foreign government, except in 
accordance with these regulations.
  (b) An employee may accept and retain a gift of minimal value 
tendered and received as a souvenir or mark of courtesy, 
subject, however, to the following restrictions--
          (1) Where more than one tangible item is included in 
        a single presentation, the entire presentation shall be 
        considered as one gift, and the aggregate value of all 
        items taken together must not exceed ``minimal value''.
          (2) The donee is responsible for determining that a 
        gift is of minimal value in the United States at the 
        time of acceptance. However, should any dispute result 
        from a difference of opinion concerning the value of a 
        gift, the employing agency will secure the services of 
        an outside appraiser to establish whether the gift is 
        one of ``minimal value''. If, after an appraisal has 
        been made, it is established that the value of the gift 
        in question is $200 or more at retail in the United 
        States, the donee will bear the costs of the appraisal. 
        If, however, the appraised value is established to be 
        less than $200, the employing agency will bear the 
        costs.
  (c) An employee may accept a gift of more than minimal value 
when (1) such gift is in the nature of an educational 
scholarship or medical treatment, or (2) it appears that to 
refuse the gift would likely cause offense or embarrassment or 
otherwise adversely affect the foreign relations of the United 
States, except that a tangible gift of more than minimal value 
is deemed to have been accepted on behalf of the United States 
and, upon acceptance, shall become the property of the United 
States.
  (d) An employee may accept gifts of travel or expenses for 
travel taking place entirely outside the United States (such as 
transportation, food, and lodging) of more than minimal value 
if such acceptance is appropriate, consistent with the 
interests of the United States, and permitted by the employing 
agency. Except where the employing agency has specific 
interests which may be favorably affected by employee travel 
wholly outside the United States, even though it would not 
normally authorize its employees to engage in such travel, the 
standards normally applied to determine when proposed travel 
will be in the best interests of the employing agency and of 
the United States Government shall be applied in approving 
acceptance of travel or travel expenses offered by a foreign 
government.
  (1) There are two circumstances under which employees may 
accept gifts of travel or expenses:
          (i) When the employee is issued official travel 
        orders placing him or her in the position of accepting 
        travel or travel expenses offered by a foreign 
        government which are directly related to the authorized 
        purpose of the travel; or
          (ii) When the employee's travel orders specifically 
        anticipate the acceptance of additional travel and 
        travel expenses incident to the authorized travel.
  (2) When an employee is traveling under circumstances 
described in paragraph (d)(1)(i) of this section, that is, 
without specific instructions authorizing acceptance of 
additional travel expenses from a foreign government, the 
employee must file a report with the employing agency under the 
procedures prescribed in Sec. 3.6.
  (e) Since tangible gifts of more than minimal value may not 
lawfully become the personal property of the donee, all 
supervisory officials shall, in advising employees of their 
responsibilities under the regulations, impress upon them their 
obligation to decline acceptance of such gifts, whenever 
possible, at the time they are offered, or to return them if 
they have been sent or delivered without a prior offer. All 
practical measures, such as periodic briefings, shall be taken 
to minimize the number of gifts which employees must deposit 
and which thus become subject to disposal as provided by law 
and regulation. Employees should not accept gifts of more than 
minimal value on the assumption that refusal would be likely to 
``cause offense or embarrassment or otherwise adversely affect 
the foreign relations of the United States''. In many instances 
it should be possible, by explanation of the prohibition 
against an employee's retention of such gifts, to avoid 
consequences of acceptance, including possible return of the 
gift to the donor. Refusal of the gift at the inception should 
typically be regarded as in the interest both of the foreign 
government donor and the U.S. Government.

Sec. 3.5  Designation of officials and offices responsible for 
                    administration of foreign gifts and decorations.

  (a) The Act effects a significant degree of decentralization 
of administration relative to the disposal of foreign gifts and 
decorations which become U.S. Government property. Each agency 
is now responsible for receiving from its employees deposits of 
foreign gifts of more than minimal value, as well as of foreign 
decorations not meeting the statutory criteria for retention by 
the recipient. The agency is also responsible for disposing of 
this property by return to the donor, for retaining it in the 
agency if official use of it is approved, for reporting to the 
General Services Administration within 30 calendar days after 
deposit items neither disposed of nor retained, and for 
assuming custody, proper care and handling of such property 
pending removal from that custody pursuant to disposal 
arrangements by the General Services Administration. The 
Secretary of State, however, is made responsible for providing 
guidance to other executive agencies in the development of 
their own regulations to implement the Act, as well as for the 
annual publication of lists of all gifts of more than minimal 
value deposited by Federal employees during the preceding year. 
[See Sec. 3.5(c).] Authority for the discharge of the 
Secretary's responsibilities is delegated by these regulations 
to the Chief of Protocol.
  (b) The Office of the Chief of Protocol retains primary 
responsibility for administration of the Act within the 
Department of State. That Office will, however, serve as the 
depository only for those foreign gifts and decorations which 
are turned in by State Department employees. The Director of 
Personnel Services of the USIA \1\ will have responsibility for 
administration of the Act within that agency and will serve as 
the depository of foreign gifts and decorations. Employees of 
the other foreign affairs agencies must deposit with their 
respective agencies any gifts or decorations deposit of which 
is required by law.
  (c) Any questions concerning the implementation of these 
regulations or interpretation of the law should be directed to 
the following:
          (1) For the Department of State, to the Office of 
        Protocol or to the Office of the Assistant Legal 
        Adviser for Management, as appropriate;
          (2) For IDCA, to the Office of the General Counsel;
          (3) For AID, to the Assistant General Counsel for 
        Employee and Public Affairs; and
          (4) For USIA,\1\ to the General Counsel.

Sec. 3.6  Procedure to be followed by employees in depositing gifts of 
                    more than minimal value and reporting acceptance of 
                    travel or travel expenses.

  (a) An employee who has accepted a tangible gift of more than 
minimal value shall, within 60 days after acceptance, 
relinquish it to the designated depository office for the 
employing agency for disposal or with the approval of that 
office, deposit it for official use at a designated location in 
the employing agency or at a specified Foreign Service post. 
The designated depository offices are:
          (1) For the Department of State, the Office of 
        Protocol;
          (2) For IDCA, the General Services Division of the 
        Office of Management Planning in AID;
          (3) For AID, the General Services Division of the 
        Office of Management Planning; and
          (4) For USIA,\1\ the Office of Personnel Services.
  (b) At the time that an employee deposits gifts of more than 
minimal value for disposal or for official use pursuant to 
paragraph (a) of this section, or within 30 days after 
accepting a gift of travel or travel expenses as provided in 
Sec. 3.4(d) (unless the gift of such travel or travel expenses 
has been accepted in accordance with specific instructions from 
the Department or agency), the employee shall file a statement 
with the designated depository office with the following 
information:
  (1) For each tangible gift reported:
          (i) The name and position of the employee;
          (ii) A brief description of the gift and the 
        circumstances justifying acceptance;
          (iii) The identity of the foreign government and the 
        name and position of the individual who presented the 
        gift;
          (iv) The date of acceptance of the gift;
          (v) The donee's best estimate in specific dollar 
        terms of the value of the gift in the United States at 
        the time of acceptance; and
          (vi) Disposition or current location of the gift. 
        (For State Department employees, forms for this purpose 
        are available in the Office of Protocol.)
  (2) For each gift of travel or travel expenses:
          (i) The name and position of the employee;
          (ii) A brief description of the gift and the 
        circumstances justifying acceptance; and
          (iii) The identity of the foreign government and the 
        name and position of the individual who presented the 
        gift.
  (c) The information contained in the statements called for in 
paragraph b of this section is needed to comply with the 
statutory requirement that, not later than January 31 of each 
year, the Secretary of State publish in the Federal Register a 
comprehensive listing of all such statements filed by Federal 
employees concerning gifts of more than minimal value received 
by them during the preceding year.

Sec. 3.7  Decorations.

  (a) Decorations tendered in recognition of active field 
service in time of combat operations or awarded for other 
outstanding or unusually meritorious performance may be 
accepted, retained, and worn by an employee, subject to the 
approval of the employing agency. Without such approval, the 
decoration is deemed to have been accepted on behalf of the 
United States and, like tangible gifts of more than minimal 
value, must be deposited by the employee with the designated 
depository office for the employing agency within sixty days 
after acceptance, for retention for official use or for 
disposal in accordance with Sec. 3.9.
  (b) The decision as to whether a decoration has been awarded 
for outstanding or unusually meritorious performance will be 
made:
          (1) For the Department of State, by the supervising 
        Assistant Secretary of State or comparable official, 
        except that, in the case of a decoration awarded to an 
        Assistant Secretary or other officer of comparable or 
        higher rank, the decision shall be made by the Office 
        of Protocol;
          (2) For IDCA, by the Assistant Director for 
        Administration;
          (3) For AID, by the Director of Personnel Management; 
        and
          (4) For USIA,\1\ by the Supervising Associate 
        Director, the General Counsel, or the Director of the 
        Office of Congressional and Public Liaison (for 
        domestic employees), and by the Director of Area 
        Offices (for overseas employees).
  (c) To justify an affirmative decision, a statement from the 
foreign government, preferably in the form of a citation which 
shows the specific basis for the tender of the award, should be 
supplied. An employee who has received or been tendered a 
decoration should forward to the designated depository office 
of the employing agency a request for review of the case. This 
request should contain a statement of circumstances of the 
award and such documentation from the foreign government as has 
accompanied it. The depository office will obtain the decision 
of the cognizant office as to whether the award meets the 
statutory criteria and thus whether the decoration may be 
retained and worn. Pending receipt of that decision, the 
decoration should remain in the custody of the recipient.

Sec. 3.8  Approval of retention of gifts or decorations with employing 
                    agency for official use.

  (a) At the request of an overseas post or an office within 
the employing agency, a gift or decoration deemed to have been 
accepted on behalf of the United States may be retained for 
official use. Such retention should be approved:
          (1) For the Department of State, by the Chief of 
        Protocol;
          (2) For IDCA, by AID's Director of Management 
        Operations;
          (3) For AID, by the Director of Management 
        Operations; and
          (4) For USIA,\1\ by the Associate Director for 
        Management.
However, to qualify for such approval, the gift or decoration 
should be an item which can be used in the normal conduct of 
agency business, such as a rug or a tea service, or an art 
object meriting display, such as a painting or sculpture. 
Personal gift items, such as wristwatches, jewelry, or wearing 
apparel, should not be regarded as suitable for ``official 
use''. Only under unusual circumstances will retention of a 
decoration for official use be authorized. Every effort should 
be made to place each ``official use'' item in a location that 
will afford the largest number of employees, and, if feasible, 
members of the public, the maximum opportunity to receive the 
benefit of its display, provided the security of the location 
is adequate.
  (b) Items approved for official use must be accounted for and 
safeguarded as Federal property at all times under standard 
Federal property management procedures. Within 30 days after 
the official use of a gift has been terminated, the gift or 
decoration shall be deposited with the designated depository 
office of the employing agency to be held pending completion of 
disposal arrangements by the General Services Administration.

Sec. 3.9  Disposal of gifts and decorations which become the property 
                    of the United States.

  (a) Gifts and decorations which have been reported to an 
employing agency shall either be returned to the donor or kept 
in safe storage pending receipt of instructions from the 
General Services Administration for transfer, donation or other 
disposal under the provisions of the Federal Property and 
Administrative Services Act of 1949, 63 Stat. 377, as amended, 
and the Federal Property Management Regulations (41 CFR Part 
101-49). The employing agency shall examine each gift or 
decoration and the circumstances surrounding its donation and 
assess whether any adverse effect upon the foreign relations of 
the United States might result from a return of the gift (or 
decoration) to the donor, which shall be the preferred means of 
disposal. If this is not deemed feasible, the employing agency 
is required by GSA regulations to report deposit of the gift or 
decoration within 30 calendar days, using Standard Form 120, 
Report of Excess Personal Property and, as necessary, Standard 
Form 120A, Continuation Sheet, and citing Section 7342 of Title 
5, U.S. Code (1976), on the reporting document. Such reports 
shall be submitted to the General Services Administration, 
Washington National Capital Region (WDPO), Attention: Federal 
Property Resources Service, Seventh and D Streets, S.W., 
Washington, D.C. 20407.
  (b) No gift or decoration deposited with the General Services 
Administration for disposal may be sold without the approval of 
the Secretary of State, upon a determination that the sale will 
not adversely affect the foreign relations of the United 
States. When depositing gifts or decorations with the 
designated depository office of their employing agency, 
employees may indicate their interest in participating in any 
subsequent sale of the items by the Government. Before gifts 
and decorations may be considered for sale by the General 
Services Administration, however, they must first have been 
offered for transfer to Federal agencies and for donation to 
the States. Consequently, employees should understand that 
there is no assurance that an item will be offered for sale, 
or, if so offered, that it will be feasible for an employee to 
participate in the sale. Employees are reminded in this 
connection that the primary aim of the Act is to discourage 
employees' acceptance of gifts of more than minimal value.

Sec. 3.10  Enforcement.

  (a) Each employing agency is responsible under the Act for 
reporting to the Attorney General cases in which there is 
reason to believe that one of its employees has violated the 
Act. The Attorney General in turn may file a civil action in 
any United States District Court against any Federal employee 
who has knowingly solicited or accepted a gift from a foreign 
government in violation of the Act, or who has failed to 
deposit or report such gift, as an Act required by the Act. In 
such case, the court may assess a maximum penalty of the retail 
value of a gift improperly solicited or received, plus $5,000.
  (b) Supervisory officials at all levels within employing 
agencies shall be responsible for providing periodic 
reorientation of all employees under their supervision on the 
basic features of the Act and these regulations, and for 
ensuring that those employees observe the requirements for 
timely reporting and deposit of any gifts of more than minimal 
value they may have accepted.
  (c) Employees are advised of the following actions which may 
result from failure to comply with the requirements of the Act 
and these regulations:
  (1) Any supervisor who has substantial reason to believe that 
an employee under his or her supervision has violated the 
reporting or other compliance provisions of the Act shall 
report the facts and circumstances in writing to the senior 
official in charge of administration within the cognizant 
bureau or office or at the post abroad. If that official upon 
investigation decides that an employee who is the donee of a 
gift or is the recipient of travel or travel expenses has, 
through actions within the employee's control, failed to comply 
with the procedures established by the Act and these 
regulations, the case shall be referred to the Attorney General 
for appropriate action.
  (2) In cases of confirmed evidence of a violation, whether or 
not such violation results in the taking of action by the 
Attorney General, the senior administrative official referred 
to in Sec. 3.10(c)(1) as responsible for forwarding a violation 
report to the Attorney General shall institute appropriate 
disciplinary action against an employee who has failed to (i) 
Deposit tangible gifts within 60 days after acceptance, (ii) 
account properly for the acceptance of travel expenses or (iii) 
comply with the Act's requirements respecting disposal of gifts 
and decorations retained for official use.
  (3) In cases where there is confirmed evidence of a 
violation, but no evidence that the violation was willful on 
the part of the employee, the senior administrative official 
referred to in Sec. 3.10(c)(1) shall institute appropriate 
disciplinary action of a lesser degree than that called for in 
Sec. 3.10(c)(2) in order to deter future violations by the same 
or another employee.

Sec. 3.11  Responsibility of chief of mission to inform host government 
                    of restrictions on employee's receipt of gifts and 
                    decorations.

  A special provision of the Act requires the President to 
direct every chief of a United States diplomatic mission to 
inform the host government that it is a general policy of the 
United States Government to prohibit its employees from 
receiving gifts of more than minimal value or decorations that 
have not been tendered ``in recognition of active field service 
in time of combat operations or awarded for other outstanding 
or unusually meritorious performance.'' Accordingly, all Chiefs 
of Mission shall in January of each year conduct a thorough and 
explicit program of orientation aimed at appropriate officials 
of the host government concerning the operation of the Act.

Sec. 3.12  Exemption of grants and other foreign government assistance 
                    in cultural exchange programs from coverage of 
                    foreign gifts and decorations legislation.

  The Act specifically excludes from its application grants and 
other forms of assistance ``to which section 108A of the Mutual 
Education and Cultural Exchange Act of 1961 applies''. See 22 
U.S.C. 2558 (a) and (b) for the terms and conditions under 
which Congress consents to the acceptance by a Federal employee 
of grants and other forms of assistance provided by a foreign 
government to facilitate the participation of such employee in 
a cultural exchange.
           10. Immigration, Migration and Refugee Assistance

                           a. Administration

      (1) Migration and Refugee Assistance Act of 1962, as amended

Public Law 87-510 [H.R. 8291], 76 Stat. 121, approved June 28, 1962, as 
  amended by Public Law 88-634 [H.R. 11812], 78 Stat. 1021, approved 
  October 7, 1964; Public Law 94-141 [Foreign Relations Authorization 
 Act, Fiscal Year 1976; S. 1517], 89 Stat. 756, approved November 29, 
 1975; Public Law 96-212 [Refugee Act of 1980, S. 643], 94 Stat. 102, 
  approved March 17, 1980; Public Law 96-465 [Foreign Service Act of 
  1980, H.R. 6790], 94 Stat. 2071 at 2162, approved October 17, 1980; 
  Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 
   1986 and 1987; H.R. 2068], 99 Stat 405, approved August 16, 1985; 
 Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 
 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; 
 Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; and 
  by Public Law 104-66 [Federal Reports Elimination and Sunset Act of 
        1995; S. 790], 109 Stat. 707, approved December 21, 1995

  AN ACT To enable the United States to participate in the assistance 
               rendered to certain migrants and refugees.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Migration and Refugee Assistance Act 
of 1962.''
    Sec. 2.\1\ (a) The President is hereby authorized to 
continue membership for the United States in the International 
Organization for Migration \2\ in accordance with its 
constitution approved in Venice, Italy, on October 19, 1953, as 
amended in Geneva, Switzerland, on May 20, 1987.\3\ For the 
purpose of assisting in the movement of refugees and migrants 
and to enhance the economic progress of the developing 
countries by providing for a coordinated supply of selected 
manpower, there are hereby authorized to be appropriated such 
amounts as may be necessary from time to time for the payment 
by the United States of its contributions to the Organization 
\4\ and all necessary salaries and expenses incidental to 
United States participation in the Organization.\4\
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    \1\ 22 U.S.C. 2601. See also sec. 251 of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public 
Law 106-113; 113 Stat. 1536), relating to U.S. policy regarding the 
involuntary return of refugees.
    \2\ Sec. 430(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), struck 
out ``Intergovernmental Committee for European Migration'' and inserted 
in lieu thereof ``International Organization for Migration''.
    \3\ Sec. 430(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), 
inserted ``, as amended in Geneva, Switzerland, on May 20, 1987''.
    \4\ Sec. 430(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), struck 
out ``Committee'' and inserted in lieu thereof ``Organization''.
---------------------------------------------------------------------------
    (b) \5\ There are hereby authorized to be appropriated such 
amounts as may be necessary from time to time--
---------------------------------------------------------------------------
    \5\ Sec. 312(b)(1) of Public Law 96-212 (94 Stat. 116) amended 
subsec. (b) by striking pars. (1) through (6) and adding new pars. (1) 
and (2).
    Appropriations for Migration and Refugee Assistance administered by 
the Department of State are provided in the annual Foreign Operations, 
Export Financing, and Related Programs Appropriations Act. For fiscal 
year 2001, title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2001 (H.R. 5526, enacted by 
reference in sec. 101(a) of Public Law 106-429; 114 Stat. 1900), 
provided:
---------------------------------------------------------------------------

                   ``migration and refugee assistance
---------------------------------------------------------------------------
    ``For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $700,000,000, which shall remain available until expended: 
Provided, That not more than $14,500,000 shall be available for 
administrative expenses: Provided further, That funds appropriated 
under this heading to support activities and programs conducted by the 
United Nations High Commissioner for Refugees shall be made available 
after reporting at least 5 days in advance to the Committees on 
Appropriations: Provided further, That the reporting requirement 
contained in the previous proviso may be waived for any such obligation 
if failure to waive this requirement would pose a substantial risk to 
human health or welfare: Provided further, That in case of any such 
waiver, a report to the Committees on Appropriations shall be provided 
as early as practicable, but in no event later than 5 days after such 
obligation: Provided further, That not less than $60,000,000 of the 
funds made available under this heading shall be made available for 
refugees from the former Soviet Union and Eastern Europe and other 
refugees resettling in Israel.''.
    Sec. 103 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), provided the following:
    ``sec. 103. migration and refugee assistance.
    ``(a) Migration and Refugee Assistance.--
---------------------------------------------------------------------------

          ``(1) Authorization of appropriations.--There are authorized 
        to be appropriated for `Migration and Refugee Assistance' for 
        authorized activities, $750,000,000 for the fiscal year 2000 
        and $750,000,000 for the fiscal year 2001.
          ``(2) Limitations.--

                  ``(A) Tibetan refugees in india and nepal.--Of the 
                amounts authorized to be appropriated in paragraph (1), 
                $2,000,000 for the fiscal year 2000 and $2,000,000 for 
                the fiscal year 2001 is authorized to be available for 
                humanitarian assistance, including food, medicine, 
                clothing, and medical and vocational training, to 
                Tibetan refugees in India and Nepal who have fled 
                Chinese-occupied Tibet.
                  ``(B) Refugees resettling in israel.--Of the amounts 
                authorized to be appropriated in paragraph (1), 
                $60,000,000 for the fiscal year 2000 and $60,000,000 
                for the fiscal year 2001 is authorized to be available 
                only for assistance for refugees resettling in Israel 
                from other countries.
                  ``(C) Humanitarian assistance for displaced 
                burmese.--Of the amounts authorized to be appropriated 
                in paragraph (1), $2,000,000 for the fiscal year 2000 
                and $2,000,000 for the fiscal year 2001 are authorized 
                to be available for humanitarian assistance (including 
                food, medicine, clothing, and medical and vocational 
                training) to persons displaced as a result of civil 
                conflict in Burma, including persons still within 
                Burma.
                  ``(D) Assistance for displaced sierra leoneans.--Of 
                the amounts authorized to be appropriated in paragraph 
                (1), $2,000,000 for the fiscal year 2000 and $2,000,000 
                for the fiscal year 2001 are authorized to be available 
                for humanitarian assistance (including food, medicine, 
                clothing, and medical and vocational training) and 
                resettlement of persons who have been severely 
                mutilated as a result of civil conflict in Sierra 
                Leone, including persons still within Sierra Leone.
                  ``(E) International rape counseling program.--Of the 
                amounts authorized to be appropriated in paragraph (1), 
                $1,000,000 for the fiscal year 2000 and $1,000,000 for 
                the fiscal year 2001 are authorized to be appropriated 
                for a program of counseling for female victims of rape 
                and gender violence in times of conflict and war.
    (b) Availability of Funds.--Funds appropriated pursuant to 
this section are authorized to remain available until 
expended.''.
          (1) for contributions to the activities of the United 
        Nations High Commissioner for Refugees for assistance 
        to refugees under his mandate or persons on behalf of 
        whom he is exercising his good offices, and for 
        contributions to the International Organization for 
        Migration,\2\ the International Committee of the Red 
        Cross, and to other relevant international 
        organizations; and
          (2) \6\ for assistance to or on behalf of refugees 
        who are outside the United States designated by the 
        President (by class, group, or designation of their 
        respective countries of origin or areas of residence) 
        when the President determines that such assistance will 
        contribute to the foreign policy interests of the 
        United States.
---------------------------------------------------------------------------
    \6\ In Presidential Determination No. 99-6 of November 30, 1998, 
the President delegated the functions and authorities under sec. 
2(b)(2) to the Secretary of State, who was authorized, in turn, to 
redelegate the functions and authorities consistent with applicable 
law.
---------------------------------------------------------------------------
    (c) \7\ (1) \8\ Whenever the President determines it to be 
important to the national interest he is authorized to furnish 
on such terms and conditions as he may determine assistance 
under this Act for the purpose of meeting unexpected urgent 
refugee and migration needs.
---------------------------------------------------------------------------
    \7\ Subsec. (c) was amended and restated by sec. 501(a) of Public 
Law 94-141.
    \8\ Presidential Determination No. 97-14 of December 27, 1996 (62 
F.R. 1379), provided the following pursuant to sec. 2(c):
    ``* * * it is in the national interest of the United States to draw 
down articles and services from the inventory and resources of the 
Department of Defense for the purpose of providing assistance to the 
victims of conflict and other persons at risk for Northern Iraq.
    ``Therefore, I hereby direct the drawdown of up to $10,000,000 of 
such articles and services from the inventory and resources of the 
Department of Defense, for the purposes and under the authorities of 
the Migration and Refugee Assistance Act of 1962, as amended, section 
2(c).''.
    Presidential Determination No. 98-24 of May 29, 1998 (63 F.R. 
31879) provided the following pursuant to sec. 2(c)(1):
    ``* * * it is important to the national interest that up to 
$37,000,000 be made available from the United States Emergency Refugee 
and Migration Assistance Fund to meet the urgent and unexpected needs 
of refugees, victims of conflict, and other persons at risk in Africa 
and Southeast Asia. These funds may be used, as appropriate, to provide 
contributions to international and nongovernmental agencies.".
    Presidential Determination No. 98-34 of September 9, 1998 (63 F.R. 
50453), provided the following pursuant to sec. 2(c)(1):
    ``* * * it is important to the national interest that up to 
$20,000,000 be made available from the U.S. Emergency Refugee and 
Migration Assistance Fund to meet the urgent and unexpected needs of 
refugees, displaced persons, conflict victims, and other persons at 
risk due to the Kosovo crisis. These funds may be used, as appropriate, 
to provide contributions to international and nongovernmental 
organizations.''.
    Presidential Determination No. 99-10 of January 25, 1999 (64 F.R. 
5925), provided the following pursuant to sec. 2(c)(1):
    ``* * * it is important to the national interest that up to $25 
million be made available from the U.S. Emergency Refugee and Migration 
Assistance Fund to meet the urgent and unexpected needs of * * * 
refugees, displaced persons, victims of conflict, and other persons at 
risk due to the Kosovo crisis. These funds may be used, as appropriate, 
to provide contributions to international and nongovernmental 
organizations.''.
    Presidential Determination No. 99-19 of March 31, 1999 (64 F.R. 
17081), provided the following pursuant to sec. 2(c)(1):
    ``* * * it is important to the national interest that up to 
$25,000,000 be made available from the U.S. Emergency Refugee and 
Migration Assistance Fund to meet the urgent and unexpected needs of * 
* * refugees, displaced persons, victims of conflict, and other persons 
at risk due to the Kosovo crisis. These funds may be used, as 
appropriate, to provide contributions to international and 
nongovernmental organizations.''.
    Presidential Determination No. 99-22 of April 29, 1999 (64 F.R. 
24501), provided the following pursuant to sec. 2(c)(1):
    ``* * * it is important to the national interest that up to $20 
million be made available from the U.S. Emergency Refugee and Migration 
Assistance Fund to meet the urgent and unexpected needs relating to the 
program under which the United States will provide refuge in the United 
States to refugees fleeing from the Kosovo crisis.
    ``These funds may be used to meet the urgent and unexpected needs 
of refugees, displaced persons, victims of conflict, and other persons 
at risk due to the Kosovo crisis. These funds may be used, as 
appropriate, to provide contributions to international and 
nongovernmental organizations.''.
    Presidential Determination No. 99-23 of May 18, 1999 (64 F.R. 
28085), provided the following pursuant to sec. 2(c)(1):
    ``* * * it is important to the national interest that up to $15 
million be made available from the U.S. Emergency Refugee and Migration 
Assistance Fund to meet the urgent and unexpected humanitarian 
requirements associated with the Kosovo crisis.
    ``These funds may be used to meet the urgent and unexpected needs 
of refugees, displaced persons, victims of conflict, and other persons 
at risk due to the Kosovo crisis. These funds may be used, as 
appropriate, to provide contributions to governmental, international 
and nongovernmental organizations. As necessary, funds will also 
support requirements associated with the U.S. program to provide refuge 
in the United States for up to 20,000 Kosovar refugees, and for 
administrative expenses of the Bureau of Population, Refugees, and 
Migration.''.
    Presidential Determination No. 2000-07 of November 10, 1999 (64 
F.R. 65653), provided the following pursuant to sec. 2(c)(1):
    ``* * * it is important to the national interest that up to $40 
million be made available from the U.S. Emergency Refugee and Migration 
Assistance Fund to meet the unexpected urgent refugee and migration 
needs, including those of refugees, displaced persons, conflict 
victims, and other persons at risk, due to the Timor and North Caucasus 
crises. These funds may be used, as appropriate, to provide 
contributions to international, governmental, and nongovernmental 
organizations.''.
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    (2) There is established a United States Emergency Refugee 
and Migration Assistance Fund to carry out the purposes of this 
section. There is authorized to be appropriated to the 
President from time to time such amounts as may be necessary 
for the fund to carry out the purposes of this section, except 
that no amount of funds may be appropriated which, when added 
to amounts previously appropriated but not yet obligated, would 
cause such amounts to exceed $100,000,000.\9\ Amounts 
appropriated hereunder shall remain available until expended.
---------------------------------------------------------------------------
    \9\ Sec. 430(a)(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), 
inserted ``$100,000,000'' in lieu of ``$50,000,000''.
    Previously, sec. 312(b)(2) of Public Law 96-212 (94 Stat. 117) 
substituted $50,000,000 in lieu of $25,000,000.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2001 ((H.R. 5526, enacted by reference in 
sec. 101(a) of Public Law 106-429; 114 Stat. 1900), provided the 
following:
---------------------------------------------------------------------------

    ``united states emergency refugee and migration assistance fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $15,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Act which would limit the amount of funds which could be 
appropriated for this purpose.''.
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    (3) Whenever the President requests appropriations pursuant 
to this authorization he shall justify such requests to the 
Committee on Foreign Relations of the Senate and to the Speaker 
of the House of Representatives, as well as to the Committees 
on Appropriations.
    (d) The President shall keep the appropriate committees of 
Congress currently informed of the use of funds and the 
exercise of functions authorized in this Act.
    (e) Unexpended balances of funds made available under 
authority of the Mutual Security Act of 1954, as amended, and 
of the Foreign Assistance Act of 1961, as amended and allocated 
or transferred for the purposes of sections 405(a), 405(c), 
405(d) and 451(c) of the Mutual Security Act of 1954, as 
amended, are hereby authorized to be continued available for 
the purposes of this section and may be consolidated with 
appropriations authorized by this section.\10\
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    \10\ The final sentence in sec. 2(e) of this Act, repealed by the 
Foreign Assistance and Related Agencies Appropriation Act, 1965 (Public 
Law 88-634; 78 Stat. 1021), read: ``Funds appropriated for the purposes 
of this section shall remain available until expended.''
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    (f) \11\ The President may furnish assistance and make 
contributions under this Act notwithstanding any provision of 
law which restricts assistance to foreign countries.
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    \11\ Subsec. (f) was added by sec. 111 of Public Law 99-93 (99 
Stat. 405).
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    Sec. 3.\12\ (a) In carrying out the purpose of this Act, 
the President is authorized--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2602.
---------------------------------------------------------------------------
          (1) to make loans, advances, and grants to, make and 
        perform agreements and contracts with, or enter into 
        other transactions with, any individual, corporation, 
        or other body of persons, government or government 
        agency, whether within or without the United States, 
        and international and intergovernmental organizations;
          (2) to accept and use money, funds, property, and 
        services of any kind made available by gift, devise, 
        bequest, grant, or otherwise for such purposes.
    (b) Whenever the President determines it to be in 
furtherance of the purposes of this Act, the functions 
authorized under this Act may be performed without regard to 
such provisions of law (other than the Renegotiation Act of 
1951 (65 Stat. 7), as amended) \13\ regulating the making, 
performance, amendment, or modification of contracts and the 
expenditure of funds of the United States Government as the 
President may specify.
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    \13\ 50 U.S.C. App. 1211 note.
---------------------------------------------------------------------------
    Sec. 4.\14\ (a)(1) The President is authorized to designate 
the head of any department or agency of the United States 
Government, or any official thereof who is required to be 
appointed by the President by and with the advice and consent 
of the Senate, to perform any functions conferred upon the 
President by this Act. If the President shall so specify, any 
individual so designated under this subsection is authorized to 
redelegate to any of his subordinates any functions authorized 
to be performed by him under this subsection, except the 
function of exercising the waiver authority specified in 
section 3(b) of this Act.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2603.
---------------------------------------------------------------------------
    (2) Section 104(b) of the Immigration and Nationality Act 
(8 U.S.C. 1104(b)), is amended by inserting after the first 
sentence the following: ``He shall be appointed by the 
President by and with the advice and consent of the Senate.''
    (b) \15\ The President may allocate or transfer to any 
agency of the United States Government any part of any funds 
available for carrying out the purposes of this Act. Such funds 
shall be available for obligation and expenditure for the 
purposes for which authorized in accordance with authority 
granted in this Act or under authority governing the activities 
of the agencies of the United States Government to which such 
funds are allocated or transferred. Funds allocated or 
transferred pursuant to this subsection to any such agency may 
be established in separate appropriation accounts on the books 
of the Treasury.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2604.
---------------------------------------------------------------------------
    Sec. 5.\16\ (a) Funds made available for the purposes of 
this Act shall be available for--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2605.
---------------------------------------------------------------------------
          (1) compensation, allowances, and travel of 
        personnel, including members of the Foreign Service 
        \17\ whose services are utilized primarily for the 
        purpose of this Act, and without regard to the 
        provisions of any other law, for printing and binding, 
        and for expenditures outside the United States for the 
        procurement of supplies and services and for other 
        administrative and operating purposes (other than 
        compensation of personnel) without regard to such laws 
        and regulations governing the obligation and 
        expenditure of Government funds as may be necessary to 
        accomplish the purposes of this Act;
---------------------------------------------------------------------------
    \17\ The reference to members of the Foreign Service was 
substituted in lieu of a reference to Foreign Service personnel by sec. 
2206(a)(6) of the Foreign Service Act of 1980 (Public Law 96-465; 94 
Stat. 2162).
---------------------------------------------------------------------------
          (2) employment or assignment of members of the 
        Foreign Service serving under limited appointments \18\ 
        for the duration of operations under this Act;
---------------------------------------------------------------------------
    \18\ The reference to members of the Foreign Service serving under 
limited appointments was substituted in lieu of a reference to Foreign 
Service Reserve officers by sec. 2206(a)(6) of the Foreign Service Act 
of 1980 (Public Law 96-465; 94 Stat. 2162).
---------------------------------------------------------------------------
          (3) exchange of funds without regard to section 3651 
        of the Revised Statutes (31 U.S.C. 543), and loss by 
        exchanges;
          (4) expenses authorized by the Foreign Service Act of 
        1980,\19\ not otherwise provided for;
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    \19\ The reference to the Foreign Service Act of 1980 was 
substituted in lieu of a reference to the Foreign Service Act of 1946 
by sec. 2206(a)(6) of Public Law 96-465 (94 Stat. 2162).
---------------------------------------------------------------------------
          (5) expenses authorized by the Act of August 1, 1956 
        (70 Stat. 890-892), as amended; \20\ and
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 2662 et seq.
---------------------------------------------------------------------------
          (6) \21\ contracting for personal services abroad, 
        and individuals employed by contract to perform such 
        services shall not be considered to be employees of the 
        United States for purposes of any law administered by 
        the Office of Personnel Management, except that the 
        Secretary of State may determine the applicability to 
        such individuals of section 2(f) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2669(f)) and of any other law administered by the 
        Secretary concerning the employment of such individuals 
        abroad; and
---------------------------------------------------------------------------
    \21\ Paragraph 6 of sec. 5(a) was added by sec. 112 of Public Law 
99-93 (99 Stat. 405). Authority provided by this amendment applied only 
to funds appropriated after August 16, 1985.
---------------------------------------------------------------------------
          (7) all other expenses determined by the President to 
        be necessary to carry out the purposes of this Act.
    (b) Except as may be expressly provided to the contrary in 
this Act, all determinations, authorizations, regulations, 
orders, contracts, agreements and other actions issued, 
undertaken, or entered into under authority of any provision of 
law repealed by this Act shall continue in full force and 
effect until modified, revoked, or superseded under the 
authority of this Act.
    (c) \22\ Personnel funded pursuant to this section are 
authorized to provide administrative assistance to personnel 
assigned to the bureau charged with carrying out this Act.
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    \22\ Sec. 164(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995, as amended (Public Law 103-236; 108 Stat. 411), 
added subsec. (c).
---------------------------------------------------------------------------
    Sec. 6. Subsections (a), (c) and (d) of section 405 of the 
Mutual Security Act of 1954, as amended, subsection (c) of 
section 451 of the said Act, and the last sentence of section 
2(a) of the Act of July 14, 1960 (74 Stat. 504), are hereby 
repealed.
    Sec. 7. Until the enactment of legislation appropriating 
funds for activities under this Act, such activities may be 
conducted with funds made available under section 451(a) of the 
Foreign Assistance Act of 1961, as amended.
    Sec. 8.\23\ Audits of U.S. Funds Received by the United 
Nations High Commissioner for Refugees.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 2606. Sec. 8 was added by sec. 113 of Public Law 99-
93 (99 Stat. 405).
---------------------------------------------------------------------------
    (a) \24\ Program Audits.--Funds may not be available to the 
United Nations High Commissioner for Refugees (UNHCR) under 
this or any other Act unless provision is made for--
---------------------------------------------------------------------------
    \24\ Sec. 701 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 74), restated 
subsec. (a).
---------------------------------------------------------------------------
          (1) annual program audits to determine the use of 
        UNHCR funds, including the use of such funds by 
        implementing partners; and
          (2) such audits are made available through the 
        Department of State for inspection by the Comptroller 
        General of the United States.
    (b) \25\ First Program Audit.--The first program audit 
pursuant to subsection (a)(1) shall begin not later than June 
1, 1986.
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    \25\ Sec. 1111(a) of Public Law 104-66 (109 Stat. 723) struck out 
subsec. (b) and redesignated subsec. (c) as subsec. (b). Former subsec. 
(b) had required that the U.S. Comptroller General inspect and report 
to Congress on each program audit.
 (2) Administration of the Migration and Refugee Assistance Act of 1962

Executive Order 11077,\1\ January 22, 1963, 28 F.R. 629; as amended by 
 Executive Order 11922, June 16, 1976, 41 F.R. 24573; and by Executive 
             Order 12608, September 9, 1987, 52 F.R. 34617

    By virtue of the authority vested in me by the Migration 
and Refugee Assistance Act of 1962 (76 Stat. 121-124; 
hereinafter referred to as the Act), and as President of the 
United States, it is ordered as follows:
    Section 1. Department of State. (a) The Secretary of State 
is hereby designated to perform the following:
          (1) The functions provided for in sections 2(a) and 
        2(b)(1) of the Act.
          (2) The functions provided for in section 2(b)(2) of 
        the Act, exclusive of so much thereof as is assigned or 
        reserved by the provisions of section 2(1) of this 
        order.
          (3) In connection with functions under the Act 
        assigned to the Secretary of State, the functions 
        provided for in sections 3(a), 4(b), and 5(a) of the 
        Act.
    (b) The Secretary of State shall from time to time furnish 
the President documents appropriate for the discharge by the 
President of his responsibilities under section 2(d) of the 
Act.\2\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2603 note.
    \2\ Sec. 14(a) of Executive Order 12608 (56 F.R. 34619) deleted the 
second sentence of subsec. (b), relating to the Secretary of Health, 
Education, and Welfare.
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    (c) With due regard for other relevant considerations 
(including the interests of \3\ any other executive agencies 
which may be concerned), the Secretary of State shall assume 
the leadership and provide the guidance for assuring that 
programs authorized under the Act best serve the foreign policy 
objectives of the United States.
---------------------------------------------------------------------------
    \3\ Sec. 14(b) of Executive Order 12608 (56 F.R. 34619) struck out 
reference to the Department of Health, Education, and Welfare here.
---------------------------------------------------------------------------
    (d) \4\ Funds appropriated or otherwise made available to 
the President for the United States Emergency Refugee and 
Migration Assistance Fund established by Section 2(c) of the 
Act (22 U.S.C. 2601) shall be deemed to be allocated without 
further action of the President to the Secretary of State, and 
the Secretary may allocate or transfer as appropriate, such 
funds to any agency, or part thereof, for obligation or 
expenditure consistent with the provisions of this order, the 
Act, and other applicable law: Provided, That such funds may 
not be transferred, obligated, or expended until the President 
shall have made the determinations provided for in Section 
2(c)(1) of the Act, which determinations are reserved to the 
President, and the designations and determinations provided for 
in Section 2(b)(2) of the Act.
---------------------------------------------------------------------------
    \4\ Subsec. (d) was added by Executive Order 11922 (41 F.R. 24573; 
June 16, 1976).
---------------------------------------------------------------------------
    Sec. 2.\5\ Redelegation. (a) The Secretary of State may 
redelegate any of his functions under this order to any of his 
subordinates.
---------------------------------------------------------------------------
    \5\ Sec. 14(c) of Executive Order 12608 (56 F.R. 34619) struck out 
sec. 2, designating functions of the Secretary of Health, Education, 
and Welfare in matters pertaining to the Migration and Refugee 
Assistance Act of 1962. Sec. 14(d) of that Executive Order renumbered 
subsequent sections.
    Sec. 14(e) of Executive Order 12608 (56 F.R. 34619) struck out 
reference to the Secretary of Health, Education, and Welfare throughout 
sec. 2.
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    (b) The Secretary of State may assign to the head of any 
executive department or to the head of any other agency of the 
executive branch of the Government, with the consent of the 
head of the department or agency concerned, the performance or 
agency concerned, the performance of any functions of the 
Secretary under this order whenever he deems that such action 
would be advantageous to the Government.
    Sec. 3. Waivers. (a) In accordance with Section 3(b) of the 
Act, it is hereby determined that it is in furtherance of the 
purposes of the Act that the functions authorized under the Act 
may be performed (by any department or agency of the Government 
authorized to perform those functions) without regard to the 
following-specified provisions of law:
    (1) the Act of March 26, 1934, c. 90, 48 Stat. 500, as 
amended (15 U.S.C. 616a) (shipment of certain exports in United 
States vessels).
    (2) Section 3648 of the Revised Statutes, as amended (31 
U.S.C. 529) (advance of funds).
    (3) Section 3709 of the Revised Statutes, as amended (41 
U.S.C. 5) (competitive bids).
    (4) Section 3710 of the Revised Statutes (41 U.S.C. 8) 
(opening of bids).
    (5) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 
1520 (41 U.S.C. 10a) (Buy American Act).
    (6) Section 3735 of the Revised Statutes (41 U.S.C. 13) 
(contracts limited to one year).
    (7) Sections 302-305 of the Federal Property and 
Administrative Services Act of 1949 (June 30, 1949, c. 288, 63 
Stat. 393 et seq.), as amended (41 U.S.C. 252-255) (competitive 
bids; negotiated contracts; advances).
    (8) Section 901(a) of the Merchant Marine Act, 1936 (June 
29, 1936, c. 858, 49 Stat. 2015, as amended; 46 U.S.C. 1241(a)) 
(official travel overseas of United States officers and 
employees, and transportation of their personal effects, on 
ships registered under the laws of the United States).
    (b) It is directed (1) that all waivers of statutes and 
limitations of authority effected by the foregoing provisions 
of this section shall be utilized in a prudent manner and as 
sparingly as may be practical, and (2) that suitable steps 
shall be taken by the administrative agencies concerned to 
insure that result, including, as may be appropriate, the 
imposition of administrative limitations in lieu of waived 
statutory requirements and limitations of authority.
    Sec. 4. Definition. As used in this order, the word 
``function'' or ``functions'' includes any executive duty, 
obligation, power, authority, responsibility, right, privilege, 
discretion or activity.
    Sec. 5. Saving provisions. Except to the extent that they 
may be inconsistent with law or with this order, all 
determinations, authorizations, regulations, orders, contracts, 
agreements and other actions issued, undertaken, or entered 
into with respect to any function affected by this order and 
not revoked, superseded, or otherwise made inapplicable before 
the date of this order, shall continue in force and effect 
until amended, modified, or terminated by appropriate 
authority.
    Sec. 6. Effective date. The provisions of this order shall 
be effective as of July 1, 1962.
          (3) The Immigration and Nationality Act, as amended

 Partial text of Public Law 82-414 [H.R. 5678], 66 Stat. 163, approved 
 June 27, 1952; as amended by Public Law 87-510 [Migration and Refugee 
  Assistance Act of 1962, H.R. 8291], 76 Stat. 121, approved June 28, 
  1962; Public Law 88-426 [H.R. 11049], 78 Stat. 400 at 428, approved 
  August 14, 1964; Public Law 95-105 [Foreign Relations Authorization 
Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 844 at 847, approved August 
17, 1977; Public Law 100-525 [Immigration Technical Corrections Act of 
 1988, S. 2479], 102 Stat. 2609, approved October 24, 1988; Public Law 
  103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; and by Public 
Law 104-132 [Antiterrorism and Effective Death Penalty Act of 1996; S. 
             735], 110 Stat. 1214, approved April 24, 1996

          * * * * * * *

              powers and duties of the secretary of state

    Sec 104.\1\ (a) The Secretary of State shall be charged 
with the administration and the enforcement of the provisions 
of this Act and all other immigration and nationality laws 
relating to (1) the powers, duties and functions of diplomatic 
and consular officers of the United States, except those 
powers, duties and functions conferred upon the consular 
officers relating to the granting or refusal of visas; (2) the 
powers, duties and functions of the Administrator; \2\ and (3) 
the determination of nationality of a person not in the United 
States. He shall establish such regulations; prescribe such 
forms of reports, entries and other papers; issue such 
instructions; and perform such other acts as he deems necessary 
for carrying out such provisions. He is authorized to confer or 
impose upon any employee of the United States, with the consent 
of the head of the department or independent establishment 
under whose jurisdiction the employee is serving, any of the 
powers, functions, or duties conferred or imposed by this Act 
or regulations issued thereunder upon officers or employees of 
the Department of State or of the American Foreign Service.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1104. Section heading formerly also referred to 
``Bureau of Security and Consular Affairs''. Sec. 9(d) of Public Law 
100-525 (102 Stat. 2620) struck out ``security and''; sec. 162(h)(2)(A) 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 407), struck out ``Bureau of Consular 
Affairs''.
    \2\ Formerly read ``Bureau of Security and Consular Affairs''. Sec. 
109(b)(1) of the Foreign Relations Authorization Act, Fiscal Year 1978 
(91 Stat. 847) struck out ``Security and''; sec. 162(h)(2)(B) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 108 Stat. 407), struck out ``Bureau of Consular Affairs''.
---------------------------------------------------------------------------
    (b) \3\ The Secretary of State shall designate an 
Administrator who shall be a citizen of the United States, 
qualified by experience. The Administrator shall maintain close 
liaison with the appropriate committees of Congress in order 
that they may be advised regarding the administration of this 
Act by consular officers. The Administrator shall be charged 
with any and all responsibility and authority in the 
administration of this Act which are conferred on the Secretary 
of State as may be delegated to the Administrator by the 
Secretary of State or which may be prescribed by the Secretary 
of State, and shall perform such other duties as the Secretary 
of State may prescribe.
---------------------------------------------------------------------------
    \3\ Sec. 162(h)(2)(C) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), amended 
and rested subsec. (b). Subsec. (b) formerly read as follows:
    ``(b) There is hereby established in the Department of State a 
Bureau of Consular Affairs, to be headed by an Assistant Secretary of 
State for Consular Affairs. The Assistant Secretary of State for 
Consular Affairs shall be a citizen of the United States, qualified by 
experience, and shall maintain close liaison with the appropriate 
committees of Congress in order that they may be advised regarding the 
administration of this Act by consular officers. He shall be charged 
with any and all responsibility and authority in the administration of 
the Bureau and of this Act which are conferred on the Secretary of 
State as may be delegated to him by the Secretary of State or which may 
be prescribed by the Secretary of State. He shall also perform such 
other duties as the Secretary of State may prescribe.''.
    In Department of State Public Notice No. 2047 of July 29, 1994 
(Delegation of Authority No. 213; 59 F.R. 42323), the Secretary of 
State designated the Assistant Secretary of State for Consular Affairs 
as Administrator.
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    (c) Within the Department of State \4\ there shall be a 
Passport Office, a Visa Office, and such other offices as the 
Secretary of State may deem to be appropriate, each office to 
be headed by a director. The Directors of the Passport Office 
and the Visa Office shall be experienced in the administration 
of the nationality and immigration laws.
---------------------------------------------------------------------------
    \4\ Sec. 162(h)(2)(D) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``Bureau'' and inserted in lieu thereof ``Department of State''.
---------------------------------------------------------------------------
    (d) The functions heretofore performed by the Passport 
Division and the Visa Division of the Department of State shall 
hereafter be performed by the Passport Office and the Visa 
Office, respectively.\5\
---------------------------------------------------------------------------
    \5\ Sec. 162(h)(2)(E) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 407), struck 
out ``, of the Bureau of Consular Affairs'' after ``respectively''.
---------------------------------------------------------------------------
    (e) There shall be a General Counsel of the Visa Office, 
who shall be appointed by the Secretary of State and who shall 
serve under the general direction of the Legal Adviser of the 
Department of State. The General Counsel shall have authority 
to maintain liaison with the appropriate officers of the 
Service with a view to securing uniform interpretations of the 
provisions of this Act.
    (f) \6\ * * * [Repealed--1977]
---------------------------------------------------------------------------
    \6\ Subsec. (f) was repealed by sec. 109(b)(1)(D) of the Foreign 
Relations Authorization Act, Fiscal Year 1978 (91 Stat. 847). It 
formerly read as follows:
    ``(f) The Bureau shall be under the immediate jurisdiction of the 
Deputy Under Secretary of State for Administration.''
---------------------------------------------------------------------------
          * * * * * * *

SEC. 219.\7\ DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

    (a) Designation.--
---------------------------------------------------------------------------
    \7\ 8 U.S.C. 1189. Added by sec. 302(a) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1248). On October 2, 1997, the Secretary of State issued a list 
designating organizations as foreign terrorist organizations as 
required by sec. 219(a)(2)(A)(ii). See Department of State Public 
Notice 2612; 62 F.R. 52650.
---------------------------------------------------------------------------
          (1) In general.--The Secretary is authorized to 
        designate an organization as a foreign terrorist 
        organization in accordance with this subsection if the 
        Secretary finds that--
                  (A) the organization is a foreign 
                organization;
                  (B) the organization engages in terrorist 
                activity (as defined in section 212(a)(3)(B)); 
                and
                  (C) the terrorist activity of the 
                organization threatens the security of United 
                States nationals or the national security of 
                the United States.
          (2) Procedure.--
                  (A) Notice.--Seven days before making a 
                designation under this subsection, the 
                Secretary shall, by classified communication--
                          (i) notify the Speaker and Minority 
                        Leader of the House of Representatives, 
                        the President pro tempore, Majority 
                        Leader, and Minority Leader of the 
                        Senate, and the members of the relevant 
                        committees, in writing, of the intent 
                        to designate a foreign organization 
                        under this subsection, together with 
                        the findings made under paragraph (1) 
                        with respect to that organization, and 
                        the factual basis therefor; and
                          (ii) seven days after such 
                        notification, publish the designation 
                        in the Federal Register.
                  (B) Effect of designation.--
                          (i) For purposes of section 2339B of 
                        title 18, United States Code, a 
                        designation under this subsection shall 
                        take effect upon publication under 
                        subparagraph (A).
                          (ii) Any designation under this 
                        subsection shall cease to have effect 
                        upon an Act of Congress disapproving 
                        such designation.
                  (C) Freezing of assets.--Upon notification 
                under paragraph (2), the Secretary of the 
                Treasury may require United States financial 
                institutions possessing or controlling any 
                assets of any foreign organization included in 
                the notification to block all financial 
                transactions involving those assets until 
                further directive from either the Secretary of 
                the Treasury, Act of Congress, or order of 
                court.
          (3) Record.--
                  (A) In general.--In making a designation 
                under this subsection, the Secretary shall 
                create an administrative record.
                  (B) Classified information.--The Secretary 
                may consider classified information in making a 
                designation under this subsection. Classified 
                information shall not be subject to disclosure 
                for such time as it remains classified, except 
                that such information may be disclosed to a 
                court ex parte and in camera for purposes of 
                judicial review under subsection (c).
          (4) Period of designation.--
                  (A) In general.--Subject to paragraphs (5) 
                and (6), a designation under this subsection 
                shall be effective for all purposes for a 
                period of 2 years beginning on the effective 
                date of the designation under paragraph (2)(B).
                  (B) Redesignation.--The Secretary may 
                redesignate a foreign organization as a foreign 
                terrorist organization for an additional 2-year 
                period at the end of the 2-year period referred 
                to in subparagraph (A) (but not sooner than 60 
                days prior to the termination of such period) 
                upon a finding that the relevant circumstances 
                described in paragraph (1) still exist. The 
                procedural requirements of paragraphs (2) and 
                (3) shall apply to a redesignation under this 
                subparagraph.
          (5) Revocation by act of congress.--The Congress, by 
        an Act of Congress, may block or revoke a designation 
        made under paragraph (1).
          (6) Revocation based on change in circumstances.--
                  (A) In general.--The Secretary may revoke a 
                designation made under paragraph (1) if the 
                Secretary finds that--
                          (i) the circumstances that were the 
                        basis for the designation have changed 
                        in such a manner as to warrant 
                        revocation of the designation; or
                          (ii) the national security of the 
                        United States warrants a revocation of 
                        the designation.
                  (B) Procedure.--The procedural requirements 
                of paragraphs (2) through (4) shall apply to a 
                revocation under this paragraph.
          (7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect 
        any action or proceeding based on conduct committed 
        prior to the effective date of such revocation.
          (8) Use of designation in trial or hearing.--If a 
        designation under this subsection has become effective 
        under paragraph (1)(B), a defendant in a criminal 
        action shall not be permitted to raise any question 
        concerning the validity of the issuance of such 
        designation as a defense or an objection at any trial 
        or hearing.
    (b) Judicial Review of Designation.--
          (1) In general.--Not later than 30 days after 
        publication of the designation in the Federal Register, 
        an organization designated as a foreign terrorist 
        organization may seek judicial review of the 
        designation in the United States Court of Appeals for 
        the District of Columbia Circuit.
          (2) Basis of review.--Review under this subsection 
        shall be based solely upon the administrative record, 
        except that the Government may submit, for ex parte and 
        in camera review, classified information used in making 
        the designation.
          (3) Scope of review.--The Court shall hold unlawful 
        and set aside a designation the court finds to be--
                  (A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with 
                law;
                  (B) contrary to constitutional right, power, 
                privilege, or immunity; or
                  (C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory 
                right.
          (4) Judicial review invoked.--The pendency of an 
        action for judicial review of a designation shall not 
        affect the application of this section, unless the 
        court issues a final order setting aside the 
        designation.
    (c) Definitions.--As used in this section--
          (1) the term ``classified information'' has the 
        meaning given that term in section 1(a) of the 
        Classified Information Procedures Act (18 U.S.C. App.);
          (2) the term ``national security'' means the national 
        defense, foreign relations, or economic interests of 
        the United States;
          (3) the term ``relevant committees'' means the 
        Committees on the Judiciary, Intelligence, and Foreign 
        Relations of the Senate and the Committees on the 
        Judiciary, Intelligence, and International Relations of 
        the House of Representatives; and
          (4) the term ``Secretary'' means the Secretary of 
        State, in consultation with the Secretary of the 
        Treasury and the Attorney General.
          * * * * * * *
             (4) Immigration Reform and Control Act of 1986

 Partial text of Public Law 99-603 [S. 1200], 100 Stat. 5649, approved 
    November 5, 1986; as amended by Public Law 100-525 [Immigration 
 Technical Corrections Act of 1988, S. 2479], 102 Stat. 2609 at 2614, 
                       approved October 24, 1988

   AN ACT To amend the Immigration and Nationality Act to revise and 
          reform the immigration laws, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

   TITLE VI--COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND 
                    COOPERATIVE ECONOMIC DEVELOPMENT

SEC. 601.\1\ COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND 
                    COOPERATIVE ECONOMIC DEVELOPMENT.
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    \1\ 8 U.S.C. 1101 note.
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    (a) Establishment and Composition of Commission.--(1) There 
is established a Commission for the Study of International 
Migration and Cooperative Economic Development (in this section 
referred to as the ``Commission''), to be composed of twelve 
members--
          (A) three members to be appointed by the Speaker of 
        the House of Representatives;
          (B) three members to be appointed by the Minority 
        Leader of the House of Representatives;
          (C) three members to be appointed by the Majority 
        Leader of the Senate; and
          (D) three members to be appointed by the Minority 
        Leader of the Senate.
    (2) Members shall be appointed for the life of the 
Commission. Appointments to the Commission shall be made within 
90 days after the date of the enactment of this Act. A vacancy 
in the Commission shall be filled in the manner in which the 
original appointment was made.
    (3) A majority of the members of the Commission shall elect 
a Chairman.
    (b) Duty of Commission.--The Commission, in consultation 
with the governments of Mexico and other sending countries in 
the Western Hemisphere, shall examine the conditions in Mexico 
and such other sending countries which contribute to 
unauthorized migration to the United States and mutually 
beneficial, reciprocal trade and investment programs to 
alleviate such conditions. For purposes of this section, the 
term ``sending country'' means a foreign country a substantial 
number of whose nationals migrate to, or remain in, the United 
States without authorization.
    (c) Report to the President and Congress.--Not later than 
three years after the appointment of the members of the 
Commission, the Commission shall prepare and transmit to the 
President and to the Congress a report describing the results 
of the Commission's examination and recommending steps to 
provide mutually beneficial reciprocal trade and investment 
programs to alleviate conditions leading to unauthorized 
migration to the United States.
    (d) \2\ Compensation of Members, Meetings, Staff, Authority 
of Commission, and Authorization of Appropriations.--(1) The 
provisions of subsections (d), (e)(3), (f), (g), and (h) of 
section 304 shall apply to the Commission in the same manner as 
they apply to the Commission established under section 304.\3\ 
Not more than 1 percent of the amounts appropriated for the 
Commission may be used, at the sole discretion of the Chairman, 
for official entertainment.\4\
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    \2\ Title V of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1019), provided $1,290,000 for salaries and expenses 
of the Commission, to remain until expended.
    \3\ Sec. 304 established a Commission on Agricultural Workers.
    \4\ Sec. 2(r) of Public Law 100-525 (102 Stat. 2614) added this 
last sentence.
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    (2) Seven members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (e) Termination Date.--The Commission shall terminate on 
the date on which a report is required to be transmitted by 
subsection (c), except that the Commission may continue to 
function for not more than thirty days thereafter for the 
purpose of concluding its activities.
          * * * * * * *
                        (5) Refugee Act of 1980

Partial text of Public Law 96-212 [S. 643] 94 Stat. 102, approved March 
      17, 1980; amended by Public Law 103-236 [Foreign Relations 
 Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 
                      382, approved April 30, 1994

   AN ACT To amend the Immigration and Nationality Act to revise the 
 procedures for the admission of refugees, to amend the Migration and 
 Refugee Assistance Act of 1962 to establish a more uniform basis for 
    the provision of assistance to refugees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Refugee Act of 1980''.


          Note.--This Act primarily consists of amendments to 
        the Immigration and Nationality Act (8 U.S.C. 1101). 
        Only those portions directly relating to the Department 
        of State are set out below.



                            TITLE I--PURPOSE

    Sec. 101.\1\ (a) The Congress declares that it is the 
historic policy of the United States to respond to the urgent 
needs of persons subject to persecution in their homelands, 
including, where appropriate, humanitarian assistance for their 
care and maintenance in asylum areas, efforts to promote 
opportunities for resettlement or voluntary repatriation, aid 
for necessary transportation and processing, admission to this 
country of refugees of special humanitarian concern to the 
United States, and transitional assistance to refugees in the 
United States. The Congress further declares that it is the 
policy of the United States to encourage all nations to provide 
assistance and resettlement opportunities to refugees to the 
fullest extent possible.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1521 note.
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    (b) The objectives of this Act are to provide a permanent 
and systematic procedure for the admission to this country of 
refugees of special humanitarian concern to the United States, 
and to provide comprehensive and uniform provisions for the 
effective resettlement and absorption of those refugees who are 
admitted.

          * * * * * * *

  TITLE III--ASSISTANCE FOR EFFECTIVE RESETTLEMENT OF REFUGEES IN THE 
                           UNITED STATES \2\

      
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    \2\ Formerly read ``Title III--United States Coordinator for 
Refugee Affairs and Assistance for * * *''. Sec. 162(m)(1) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 108 Stat. 409), struck out reference to U.S. Coordinator. 
Para. (2) of that subsec. struck out designation for ``Part A--United 
States Coordinator for Refugee Affairs'' under Title III. Para. (3) of 
that subsec. repealed sec. 301 (8 U.S.C. 1525), which established the 
position of ``United States Coordinator for Refugee Affairs'', with the 
rank of Ambassador at Large.
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          * * * * * * *
                 (6) Bring Them Home Alive Act of 2000

 Public Law 106-484 [S. 484], 114 Stat. 2195, approved November 9, 2000

  AN ACT To provide for the granting of refugee status in the United 
  States to nationals of certain foreign countries in which American 
Vietnam War POW/MIAs or American Korean War POW/MIAs may be present, if 
those nationals assist in the return to the United States of those POW/
                              MIAs alive.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Bring Them Home Alive Act of 
2000''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1157 note.
---------------------------------------------------------------------------

SEC. 2.\1\ AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.

    (a) Asylum for Eligible Aliens.--Notwithstanding any other 
provision of law, the Attorney General shall grant refugee 
status in the United States to any alien described in 
subsection (b), upon the application of that alien.
    (b) Eligibility.--Refugee status shall be granted under 
subsection (a) to--
          (1) any alien who--
                  (A) is a national of Vietnam, Cambodia, Laos, 
                China, or any of the independent states of the 
                former Soviet Union; and
                  (B) personally delivers into the custody of 
                the United States Government a living American 
                Vietnam War POW/MIA; and
          (2) any parent, spouse, or child of an alien 
        described in paragraph (1).
    (c) Definitions.--In this section:
          (1) American vietnam war pow/mia.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``American Vietnam 
                War POW/MIA'' means an individual--
                          (i) 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 and this 
                        subsection) as a result of the Vietnam 
                        War; or
                          (ii) 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 War.
                  (B) Exclusion.--Such term does not include an 
                individual with respect to whom it is 
                officially determined under section 552(c) of 
                title 37, United States Code, that such 
                individual is officially absent from such 
                individual's post of duty without authority.
          (2) Missing status.--The term ``missing status'', 
        with respect to the Vietnam War, means the status of an 
        individual as a result of the Vietnam War if 
        immediately before that status began the individual--
                  (A) was performing service in Vietnam; or
                  (B) was performing service in Southeast Asia 
                in direct support of military operations in 
                Vietnam.
          (3) Vietnam war.--The term ``Vietnam War'' means the 
        conflict in Southeast Asia during the period that began 
        on February 28, 1961, and ended on May 7, 1975.

SEC. 3.\1\ AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM.

    (a) Asylum for Eligible Aliens.--Notwithstanding any other 
provision of law, the Attorney General shall grant refugee 
status in the United States to any alien described in 
subsection (b), upon the application of that alien.
    (b) Eligibility.--Refugee status shall be granted under 
subsection (a) to--
          (1) any alien--
                  (A) who is a national of North Korea, China, 
                or any of the independent states of the former 
                Soviet Union; and
                  (B) who personally delivers into the custody 
                of the United States Government a living 
                American Korean War POW/MIA; and
          (2) any parent, spouse, or child of an alien 
        described in paragraph (1).
    (c) Definitions.--In this section:
          (1) American korean war pow/mia.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``American Korean 
                War POW/MIA'' means an individual--
                          (i) 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 and this 
                        subsection) as a result of the Korean 
                        War; or
                          (ii) 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 War.
                  (B) Exclusion.--Such term does not include an 
                individual with respect to whom it is 
                officially determined under section 552(c) of 
                title 37, United States Code, that such 
                individual is officially absent from such 
                individual's post of duty without authority.
          (2) Korean war.--The term ``Korean War'' means the 
        conflict on the Korean peninsula during the period that 
        began on June 27, 1950, and ended January 31, 1955.
          (3) Missing status.--The term ``missing status'', 
        with respect to the Korean War, means the status of an 
        individual as a result of the Korean War if immediately 
        before that status began the individual--
                  (A) was performing service in the Korean 
                peninsula; or
                  (B) was performing service in Asia in direct 
                support of military operations in the Korean 
                peninsula.

SEC. 4.\1\ BROADCASTING INFORMATION ON THE ``BRING THEM HOME ALIVE'' 
                    PROGRAM.

    (a) Requirement.--
          (1) In general.--The International Broadcasting 
        Bureau shall broadcast, through WORLDNET Television and 
        Film Service and Radio, VOA-TV, VOA Radio, or 
        otherwise, information that promotes the ``Bring Them 
        Home Alive'' refugee program under this Act to foreign 
        countries covered by paragraph (2).
                  (2) Covered countries.--The foreign countries 
                covered by paragraph (1) are--
                          (A) Vietnam, Cambodia, Laos, China, 
                        and North Korea; and
                          (B) Russia and the other independent 
                        states of the former Soviet Union.
    (b) Level of Programming.--The International Broadcasting 
Bureau shall broadcast--
          (1) at least 20 hours of the programming described in 
        subsection (a)(1) during the 30-day period that begins 
        15 days after the date of enactment of this Act; and
          (2) at least 10 hours of the programming described in 
        subsection (a)(1) in each calendar quarter during the 
        period beginning with the first calendar quarter that 
        begins after the date of enactment of this Act and 
        ending five years after the date of enactment of this 
        Act.
    (c) Availability of Information on the Internet.--The 
International Broadcasting Bureau shall ensure that information 
regarding the ``Bring Them Home Alive'' refugee program under 
this Act is readily available on the World Wide Web sites of 
the Bureau.
    (d) Sense of Congress.--It is the sense of Congress that 
RFE/RL, Incorporated, Radio Free Asia, and any other recipient 
of Federal grants that engages in international broadcasting to 
the countries covered by subsection (a)(2) should broadcast 
information similar to the information required to be broadcast 
by subsection (a)(1).
    (e) Definition.--The term ``International Broadcasting 
Bureau'' means the International Broadcasting Bureau of the 
United States Information Agency or, on and after the effective 
date of title XIII of the Foreign Affairs Reform and 
Restructuring Act of 1998 (as contained in division G of Public 
Law 105-277), the International Broadcasting Bureau of the 
Broadcasting Board of Governors.

SEC. 5.\1\ INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.

    In this Act, the term ``independent states of the former 
Soviet Union'' has the meaning given the term in section 3 of 
the FREEDOM Support Act (22 U.S.C. 5801).
       (7) Syrian Nationals--Adjustment of Immigration Status \1\

 Public Law 106-378 [H.R. 4681], 114 Stat. 1442, approved October 27, 
                                  2000

   AN ACT To provide for the adjustment of status of certain Syrian 
                               nationals.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds as follows:
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
          (1) President Bush and President Clinton successively 
        conducted successful negotiations with the Government 
        of Syria to bring about the release of members of the 
        Syrian Jewish population and their immigration to the 
        United States.
          (2) In order to accommodate the Syrian Government, 
        the United States was required to admit these aliens by 
        first granting them temporary nonimmigrant visas and 
        subsequently granting them asylum, rather than 
        admitting them as refugees (as is ordinarily done when 
        the United States grants refuge to members of a 
        persecuted alien minority group).
          (3) The asylee status of these aliens has resulted in 
        a long and unnecessary delay in their adjustment to 
        lawful permanent resident status that would not have 
        been encountered had they been admitted as refugees.
          (4) This delay has impaired these aliens' ability to 
        work in their chosen professions, travel freely, and 
        apply for naturalization.
          (5) The Attorney General should act without further 
        delay to grant lawful permanent resident status to 
        these aliens in accordance with section 2.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN SYRIAN NATIONALS.

    (a) Adjustment of Status.--Subject to subsection (c), the 
Attorney General shall adjust the status of an alien described 
in subsection (b) to that of an alien lawfully admitted for 
permanent residence, if the alien--
          (1) applies for adjustment of status under this 
        section not later than 1 year after the date of the 
        enactment of this Act or applied for adjustment of 
        status under the Immigration and Nationality Act before 
        the date of the enactment of this Act;
          (2) has been physically present in the United States 
        for at least 1 year after being granted asylum;
          (3) is not firmly resettled in any foreign country; 
        and
          (4) is admissible as an immigrant under the 
        Immigration and Nationality Act at the time of 
        examination for adjustment of such alien.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien--
          (1) who--
                  (A) is a Jewish national of Syria;
                  (B) arrived in the United States after 
                December 31, 1991, after being permitted by the 
                Syrian Government to depart from Syria; and
                  (C) is physically present in the United 
                States at the time of filing the application 
                described in subsection (a)(1); or
          (2) who is the spouse, child, or unmarried son or 
        daughter of an alien described in paragraph (1).
    (c) Numerical Limitation.--The total number of aliens whose 
status may be adjusted under this section may not exceed 2,000.
    (d) Record of Permanent Residence.--Upon approval of an 
application for adjustment of status under this section, the 
Attorney General shall establish a record of the alien's 
admission for lawful permanent residence as of the date 1 year 
before the date of the approval of the application.
    (e) Availability of Administrative Review.--The Attorney 
General shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to applicants for 
adjustment of status under section 209(b) of the Immigration 
and Nationality Act (8 U.S.C. 1159(b)).
    (f) No Offset in Number of Visas Available.--Whenever an 
alien is granted the status of having been lawfully admitted 
for permanent residence pursuant to this section, the Secretary 
of State shall not be required to reduce the number of 
immigrant visas authorized to be issued under any provision of 
the Immigration and Nationality Act.
    (g) Application of Immigration and Nationality Act 
Provisions.--The definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
section. The fact that an alien may be eligible to be granted 
the status of having been lawfully admitted for permanent 
residence under this section shall not preclude the alien from 
seeking such status under any other provision of law for which 
the alien may be eligible.
     (8) Irish Peace Process Cultural and Training Program Act \1\

 Public Law 105-319 [H.R. 4293], 112 Stat. 3013, approved October 30, 
                                  1998

   AN ACT To establish a cultural training program for disadvantaged 
             individuals to assist the Irish peace process.

    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 ``Irish Peace Process Cultural 
and Training Program Act of 1998''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1101 note.
---------------------------------------------------------------------------

SEC. 2. IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM.

    (a) Purpose.--
          (1) In general.--The Secretary of State and the 
        Attorney General shall establish a program to allow 
        young people from disadvantaged areas of designated 
        counties suffering from sectarian violence and high 
        structural unemployment to enter the United States for 
        the purpose of developing job skills and conflict 
        resolution abilities in a diverse, cooperative, 
        peaceful, and prosperous environment, so that those 
        young people can return to their homes better able to 
        contribute toward economic regeneration and the Irish 
        peace process. The program shall promote cross-
        community and cross-border initiatives to build 
        grassroots support for long-term peaceful coexistence. 
        The Secretary of State and the Attorney General shall 
        cooperate with nongovernmental organizations to assist 
        those admitted to participate fully in the economic, 
        social, and cultural life of the United States.
          (2) Scope and duration of program.--
                  (A) In general.--The program under paragraph 
                (1) shall provide for the admission of not more 
                than 4,000 aliens under section 
                101(a)(15)(Q)(ii) of the Immigration and 
                Nationality Act (including spouses and minor 
                children) in each of 3 consecutive program 
                years.
                  (B) Offset in number of h-2b nonimmigrant 
                admissions allowed.--Notwithstanding any other 
                provision of law, for each alien so admitted in 
                a fiscal year, the numerical limitation 
                specified under section 214(g)(1)(B) of the 
                Immigration and Nationality Act shall be 
                reduced by 1 for that fiscal year or the 
                subsequent fiscal year.
          (3) Records and report.--The Immigration and 
        Naturalization Service shall maintain records of the 
        nonimmigrant status and place of residence of each 
        alien admitted under the program. Not later than 120 
        days after the end of the third program year and for 
        the 3 subsequent years, the Immigration and 
        Naturalization Service shall compile and submit to the 
        Congress a report on the number of aliens admitted with 
        nonimmigrant status under section 101(a)(15)(Q)(ii) who 
        have overstayed their visas.
          (4) Designated counties defined.--For the purposes of 
        this Act, the term ``designated counties'' means the 
        six counties of Northern Ireland and the counties of 
        Louth, Monaghan, Cavan, Leitrim, Sligo, and Donegal 
        within the Republic of Ireland.
    (b) Temporary Nonimmigrant Visa.--
          (1) In general.--Section 101(a)(15)(Q) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(Q)) is amended--
                  (A) by inserting ``(i)'' after ``(Q)''; and
                  (B) by inserting after the semicolon at the 
                end the following: ``or (ii)(I) an alien 35 
                years of age or younger having a residence in 
                Northern Ireland, or the counties of Louth, 
                Monaghan, Cavan, Leitrim, Sligo, and Donegal 
                within the Republic of Ireland, which the alien 
                has no intention of abandoning who is coming 
                temporarily (for a period not to exceed 36 
                months) to the United States as a participant 
                in a cultural and training program approved by 
                the Secretary of State and the Attorney General 
                under section 2(a) of the Irish Peace Process 
                Cultural and Training Program Act of 1998 for 
                the purpose of providing practical training, 
                employment, and the experience of coexistence 
                and conflict resolution in a diverse society, 
                and (II) the alien spouse and minor children of 
                any such alien if accompanying the alien or 
                following to join the alien;''.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated for each fiscal year such sums as may be 
necessary to carry out the purposes of this section. Amounts 
appropriated pursuant to this subsection are authorized to be 
available until expended.
    (d) Sunset.--
          (1) Effective October 1, 2005, the Irish Peace 
        Process Cultural and Training Program Act of 1998 is 
        repealed.
          (2) Effective October 1, 2005, section 101(a)(15)(Q) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(Q)) is amended--
                  (A) by striking ``or'' at the end of clause 
                (i);
                  (B) by striking ``(i)'' after ``(Q)''; and
                  (C) by striking clause (ii).
                   (9) Interdiction of Illegal Aliens

 Executive Order 12807, May 24, 1992, 57 F.R. 23133, 8 U.S.C. 1182 note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including sections 212(f) and 215(a)(1) of the Immigration and 
Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)), 
and whereas:
    (1) The President has authority to suspend the entry of 
aliens coming by sea to the United States without necessary 
documentation, to establish reasonable rules and regulations 
regarding, and other limitations on, the entry or attempted 
entry of aliens into the United States, and to repatriate 
aliens interdicted beyond the territorial sea of the United 
States;
    (2) The international legal obligations of the United 
States under the United Nations Protocol Relating to the Status 
of Refugees (U.S. T.I.A.S. 6577; 19 U.S.T. 6223) to apply 
Article 33 of the United Nations Convention Relating to the 
Status of Refugees do not extend to persons located outside the 
territory of the United States;
    (3) Proclamation No. 4865 suspends the entry of all 
undocumented aliens into the United States by the high seas; 
and
    (4) There continues to be a serious problem of persons 
attempting to come to the United States by sea without 
necessary documentation and otherwise illegally;

    I, GEORGE BUSH, President of the United States of America, 
hereby order as follows:
    Section 1. The Secretary of States shall undertake to enter 
into, on behalf of the United States, cooperative arrangements 
with appropriate foreign governments for the purpose of 
preventing illegal migration to the United States by sea.
    Sec. 2. (a) The Secretary of the Department in which the 
Coast Guard is operating in consultation, where appropriate, 
with the Secretary of Defense, the Attorney General, and the 
Secretary of State, shall issue appropriate instructions to the 
Coast Guard in order to enforce the suspension of the entry of 
undocumented aliens by sea and the interdiction of any defined 
vessel carrying such aliens.
    (b) Those instruments shall apply to any of the following 
defined vessels:
          (1) Vessels of the United States, meaning any vessel 
        documented or numbered pursuant to the laws of the 
        United States, or owned in whole or in part by the 
        United States, a citizen of the United States, or a 
        corporation incorporated under the laws of the United 
        States or any State, Territory, District, Commonwealth, 
        or possession thereof, unless the vessel has been 
        granted nationality by a foreign nation in accord with 
        Article 5 of the Convention on the High Seas of 1958 
        (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).
          (2) Vessels without nationality or vessels 
        assimilated to vessels without nationality in 
        accordance with paragraph (2) of Article 6 of the 
        convention on the High Seas of 1958 (U.S. T.I.A.S. 
        5222; 13 U.S.T. 2312).
          (3) Vessels of foreign nations with whom we have 
        arrangements authorizing the United States to stop and 
        board such vessels.
    (c) Those instructions to the Coast Guard shall include 
appropriate directives providing for the Coast Guard:
          (1) To stop and board defined vessels, when there is 
        reason to believe that such vessels are engaged in the 
        irregular transportation of persons or violations of 
        United States law or the law of a country with which 
        the United States has an arrangement authorizing such 
        action.
          (2) To make inquiries of those on board, examine 
        documents and take such actions as are necessary to 
        carry out this order.
          (3) To return the vessel and its passengers to the 
        country from which it came, or to another country, when 
        there is reason to believe that an offense is being 
        committed against the United States immigration laws, 
        or appropriate laws of a foreign country with which we 
        have an arrangement to assist; provided, however, that 
        the Attorney General, in his unreviewable discretion, 
        may decide that a person who is a refugee will not be 
        returned without his consent.
    (d) these actions, pursuant to this section, as authorized 
to be undertaken only beyond the territorial sea of the United 
States.
    Sec. 3. This order is intended only to improve the internal 
management of the Executive Branch. Neither this order nor any 
agency guidelines, procedures, instructions, directives, rules 
or regulations implementing this order shall create, or shall 
be construed to create, any right or benefit, substantive or 
procedural (including without limitation any right or benefit 
under the Administrative Procedure Act), legally enforceable by 
any party against the United States, its agencies or 
instrumentalities, officers, employees, or any other person. 
Nor shall this order be construed to require any procedures to 
determine whether a person is a refugee.
    Sec. 4. Executive Order 12324 is hereby revoked and 
replaced by this order.
    Sec. 5. This order shall be effective immediately.
            (10) Consultations on the Admission of Refugees

  Executive Order 12208, April 15, 1980, 45 F.R. 25789, 8 U.S.C. 1157 
 note; as amended by Executive Order 12608, September 9, 1987, 52 F.R. 
                                 34620

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, 
including the Refugee Act of 1980 (P.L. 96-212; 8 U.S.C. 1101 
note), the Immigration and Nationality Act, as amended (8 
U.S.C. 1101 et seq.), and Section 301 of Title 3 of the United 
States Code, it is hereby ordered as follows:
    1-101. Exclusive of the functions otherwise delegated, or 
reserved to the President, by this Order, there are hereby 
delegated the following functions:
          (a) To the Secretary of State and the Attorney 
        General, or either of them, the functions of initiating 
        and carrying out appropriate consultations with members 
        of the Committees on the Judiciary of the Senate and of 
        the House of Representatives for purposes of Sections 
        101(a)(42)(B) and 207 (a), (b), (d), and (e) of the 
        Immigration and Nationality Act, as amended (8 U.S.C. 
        1101(a)(42)(B) and 1157(a), (b), (d), and (e)).
          (b) To the United States Coordinator for Refugee 
        Affairs, the functions of reporting and carrying on 
        periodic discussions under section 207(d)(1) of the 
        Immigration and Nationality Act, as amended.
    1-102. (a) The functions vested in the United States 
Coordinator for Refugee Affairs by Section 1-101(b) of this 
Order shall be carried out in consultation with the Secretary 
of State, the Attorney General, and the Secretary of Health and 
Human Services.\1\
---------------------------------------------------------------------------
    \1\ The words to this point beginning with ``Secretary of Health * 
* *'' were substituted in lieu of ``Secretary of Health, Education, and 
Welfare'' by Executive Order 12608 (September 14, 1986; 52 F.R. 34620).
---------------------------------------------------------------------------
    (b) The United States Coordinator shall notify the 
Committees on the Judiciary of the Senate and of the House of 
Representatives that the Secretary of State and the Attorney 
General, or either of them, wish to consult for the purposes of 
Section 207 (a), (b), or (d) of the Immigration and Nationality 
Act, as amended. The United States Coordinator for Refugee 
Affairs shall, in accord with his responsibilities under 
Section 301 of the Refugee Act of 1980 (8 U.S.C. 1525), prepare 
for those Committees the information required by 207(e) of the 
Immigration and Nationality Act, as amended.
    1-103. There are reserved to the President the following 
functions under the Immigration and Nationality Act, as 
amended:
          (a) To specify special circumstances for purposes of 
        qualifying persons as refugees under Section 
        101(a)(42)(B).
          (b) To make determinations under Sections 207(a)(1), 
        207(a)(2), 207(a)(3) and 207(b).
          (c) To fix the number of refugees to be admitted 
        under Section 207(b).
    1-104. Except to the extent inconsistent with this Order, 
all actions previously taken pursuant to any function delegated 
or assigned by this Order shall be deemed to have been taken 
and authorized by this Order.
                              b. Caribbean

          (1) Haitian Refugee Immigration Fairness Act of 1998

  Partial text of Public Law 105-277 [H.R. 4328], 112 Stat. 2681-538, 
 approved October 21, 1998; amended by Public Law 106-386 [Victims of 
Trafficking and Violence Protection Act of 2000; H.R. 3244], 114 Stat. 
1464, approved October 28, 2000; and by Public Law 106-554 [H.R. 4577], 
               114 Stat. 2763, approved December 21, 2000

     TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998 \1\

    Sec. 901. Short Title. This title may be cited as the 
``Haitian Refugee Immigration Fairness Act of 1998''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1101 note.
---------------------------------------------------------------------------
    Sec. 902.\2\ Adjustment of Status of Certain Haitian 
Nationals.--(a) Adjustment of Status.--
          (1) In general.--The status of any alien described in 
        subsection (b) shall be adjusted by the Attorney 
        General to that of an alien lawfully admitted for 
        permanent residence, if the alien--
---------------------------------------------------------------------------
    \2\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
                  (A) applies for such adjustment before April 
                1, 2000; and
                  (B) is otherwise admissible to the United 
                States for permanent residence, except that, in 
                determining such admissibility, the grounds for 
                inadmissibility specified in paragraphs (4), 
                (5), (6)(A), (7)(A), and (9)(B) of section 
                212(a) of the Immigration and Nationality Act 
                shall not apply.
          (2) \3\ Inapplicability of certain provisions.--In 
        the case of an alien described in subsection (b) or (d) 
        who is applying for adjustment of status under this 
        section--
---------------------------------------------------------------------------
    \3\ Sec. 1505(b)(1) of Public Law 106-554 (114 Stat. 2763A-326) 
redesignated para. (2) as para. (3), and added a new para. (2). Sec. 
1505(b)(2) of that Act provided:
    ``(2) Permitting motion to reopen.--Notwithstanding any time and 
number limitations imposed by law on motions to reopen exclusion, 
removal, or deportation proceedings (except limitations premised on an 
alien's conviction of an aggravated felony (as defined by section 
101(a) of the Immigration and Nationality Act)), a national of Haiti 
who has become eligible for adjustment of status under the Haitian 
Refugee Immigration Fairness Act of 1998 as a result of the amendments 
made by paragraph (1), may file one motion to reopen exclusion, 
deportation, or removal proceedings to apply for such adjustment under 
that Act. The scope of any proceeding reopened on this basis shall be 
limited to a determination of the alien's eligibility for adjustment of 
status under that Act. All such motions shall be filed within 180 days 
of the date of the enactment of this Act.''.
---------------------------------------------------------------------------
                  (A) the provisions of section 241(a)(5) of 
                the Immigration and Nationality Act shall not 
                apply; and
                  (B) the Attorney General may grant the alien 
                a waiver onthe grounds of inadmissibility under 
                subparagraphs (A) and (C) of section 212(a)(9) 
                of such Act.
        In granting waivers under subparagraph (B), the 
        Attorney General shall use standards used in granting 
        consent under subparagraphs (A)(iii) and (C)(ii) of 
        such section 212(a)(9).
          (3) \3\ Relationship of application to certain 
        orders.--An alien present in the United States who has 
        been ordered excluded, deported, removed, or ordered to 
        depart voluntarily from the United States under any 
        provision of the Immigration and Nationality Act may, 
        notwithstanding such order, apply for adjustment of 
        status under paragraph (1). Such an alien may not be 
        required, as a condition on submitting or granting such 
        application, to file a separate motion to reopen, 
        reconsider, or vacate such order. If the Attorney 
        General grants the application, the Attorney General 
        shall cancel the order. If the Attorney General makes a 
        final decision to deny the application, the order shall 
        be effective and enforceable to the same extent as if 
        the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien who is a 
national of Haiti who--
          (1) was present in the United States on December 31, 
        1995, who--
                  (A) filed for asylum before December 31, 
                1995,
                  (B) was paroled into the United States prior 
                to December 31, 1995, after having been 
                identified as having a credible fear of 
                persecution, or paroled for emergent reasons or 
                reasons deemed strictly in the public interest, 
                or
                  (C) was a child (as defined in the text above 
                subparagraph (A) of section 101(b)(1) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(b)(1)) at the time of arrival in the 
                United States and on December 31, 1995, and 
                who--
                          (i) arrived in the United States 
                        without parents in the United States 
                        and has remained without parents in the 
                        United States since such arrival,
                          (ii) became orphaned subsequent to 
                        arrival in the United States, or
                          (iii) was abandoned by parents or 
                        guardians prior to April 1, 1998 and 
                        has remained abandoned since such 
                        abandonment; and
          (2) has been physically present in the United States 
        for a continuous period beginning not later than 
        December 31, 1995, and ending not earlier than the date 
        the application for such adjustment is filed, except 
        that an alien shall not be considered to have failed to 
        maintain continuous physical presence by reason of an 
        absence, or absences, from the United States for any 
        period or periods amounting in the aggregate to not 
        more than 180 days.
    (c) Stay of Removal.--
          (1) In general.--The Attorney General shall provide 
        by regulation for an alien who is subject to a final 
        order of deportation or removal or exclusion to seek a 
        stay of such order based on the filing of an 
        application under subsection (a).
          (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the 
        Attorney General shall not order any alien to be 
        removed from the United States, if the alien is in 
        exclusion, deportation, or removal proceedings under 
        any provision of such Act and has applied for 
        adjustment of status under subsection (a), except where 
        the Attorney General has made a final determination to 
        deny the application.
          (3) Work authorization.--The Attorney General may 
        authorize an alien who has applied for adjustment of 
        status under subsection (a) to engage in employment in 
        the United States during the pendency of such 
        application and may provide the alien with an 
        ``employment authorized'' endorsement or other 
        appropriate document signifying authorization of 
        employment, except that if such application is pending 
        for a period exceeding 180 days, and has not been 
        denied, the Attorney General shall authorize such 
        employment.
    (d) Adjustment of Status for Spouses and Children.--
          (1) In general.--The status of an alien shall be 
        adjusted by the Attorney General to that of an alien 
        lawfully admitted for permanent residence, if--
                  (A) the alien is a national of Haiti;
                  (B) \4\ (i) the alien is the spouse, child, 
                or unmarried son or daughter of an alien whose 
                status is adjusted to that of an alien lawfully 
                admitted for permanent residence under 
                subsection (a), except that, in the case of 
                such an unmarried son or daughter, the son or 
                daughter shall be required to establish that 
                the son or daughter has been physically present 
                in the United States for a continuous period 
                beginning not later than December 1, 1995, and 
                ending not earlier than the date on which the 
                application for such adjustment is filed;
---------------------------------------------------------------------------
    \4\ Sec. 1511(a) of Public Law 106-386 (114 Stat. 1532) amended and 
restated subpara. (B). It previously read as follows:
    ``(B) the alien is the spouse, child, or unmarried son or daughter, 
of an alien whose status is adjusted to that of an alien lawfully 
admitted for permanent residence under subsection (a), except that, in 
the case of such an unmarried son or daughter, the son or daughter 
shall be required to establish that he or she has been physically 
present in the United States for a continuous period beginning not 
later than December 31, 1995, and ending not earlier than the date the 
application for such adjustment is filed;''.
---------------------------------------------------------------------------
                  (ii) at the time of filing of the application 
                for adjustment under subsection (a), the alien 
                is the spouse or child of an alien whose status 
                is adjusted to that of an alien lawfully 
                admitted for permanent residence under 
                subsection (a) and the spouse, child, or child 
                of the spouse has been battered or subjected to 
                extreme cruelty by the individual described in 
                subsection (a); and
                  (iii) in acting on applications under this 
                section with respect to spouses or children who 
                have been battered or subjected to extreme 
                cruelty, the Attorney General shall apply the 
                provisions of section 204(a)(1)(H).
                  (C) the alien applies for such adjustment and 
                is physically present in the United States on 
                the date the application is filed; and
                  (D) the alien is otherwise admissible to the 
                United States for permanent residence, except 
                that, in determining such admissibility, the 
                grounds for inadmissibility specified in 
                paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) 
                of section 212(a) of the Immigration and 
                Nationality Act shall not apply.
          (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous 
        physical presence by reason of an absence, or absences, 
        from the United States for any period or periods 
        amounting in the aggregate to not more than 180 days.
    (e) Availability of Administrative Review.--The Attorney 
General shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
          (1) applicants for adjustment of status under section 
        245 of the Immigration and Nationality Act; or
          (2) aliens subject to removal proceedings under 
        section 240 of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Attorney General as to whether the status of any alien should 
be adjusted under this section is final and shall not be 
subject to review by any court.
    (g) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for 
permanent resident pursuant to this section, the Secretary of 
State shall not be required to reduce the number of immigrant 
visas authorized to be issued under any provision of the 
Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act 
Provisions.--Except as otherwise specifically provided in this 
title, the definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
section. Nothing contained in this title shall be held to 
repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General in the 
administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. The 
fact that an alien may be eligible to be granted the status of 
having been lawfully admitted for permanent residence under 
this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may 
be eligible.
    (i) Adjustment of Status Has No Effect On Eligibility For 
Welfare and Public Benefits.--No alien whose status has been 
adjusted in accordance with this section and who was not a 
qualified alien on the date of enactment of this Act may, 
solely on the basis of such adjusted status, be considered to 
be a qualified alien under section 431(b) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced 
Budget Act of 1997 (Public Law 105-33; 111 Stat. 598), for 
purposes of determining the alien's eligibility for 
supplemental security income benefits under title XVI of the 
Social Security Act (42 U.S.C. 1381 et seq.) or medical 
assistance under title XIX of such Act (42 U.S.C. 1396 et 
seq.).
    (j) Period of Applicability.--Subsection (i) shall not 
apply after October 1, 2003.
    (k) Not later than 6 months after the date of the enactment 
of this Act, and every 6 months thereafter (until all 
applications for adjustment of status under this section have 
been finally adjudicated), the Comptroller General of the 
United States shall submit to the Committees on the Judiciary 
and the Committees on Appropriations of the United States House 
of Representatives and the United States Senate a report 
containing the following:
          (1)(A) The number of aliens who applied for 
        adjustment of status under subsection (a), including a 
        breakdown specifying the number of such applicants who 
        are described in subparagraph (A), (B), or (C) of 
        subsection (b)(1), respectively.
          (B) The number of aliens described in subparagraph 
        (A) whose status was adjusted under this section, 
        including a breakdown described in the subparagraph.
          (2)(A) The number of aliens who applied for 
        adjustment of status under subsection (d), including a 
        breakdown specifying the number of such applicants who 
        are sponsors, children, or unmarried sons or daughters 
        described in such subsection, respectively.
          (B) The number of aliens described in subparagraph 
        (A) whose status was adjusted under this section, 
        including a breakdown described in the subparagraph.
    Sec. 903.\5\ Collection of Data on Detained Asylum 
Seekers.--(a) In General.--The Attorney General shall regularly 
collect data on a nation-wide basis with respect to asylum 
seekers in detention in the United States, including the 
following information:
---------------------------------------------------------------------------
    \5\ 8 U.S.C. 1377.
---------------------------------------------------------------------------
          (1) The number of detainees.
          (2) An identification of the countries of origin of 
        the detainees.
          (3) The percentage of each gender within the total 
        number of detainees.
          (4) The number of detainees listed by each year of 
        age of the detainees.
          (5) The location of each detainee by detention 
        facility.
          (6) With respect to each facility where detainees are 
        held, whether the facility is also used to detain 
        criminals and whether any of the detainees are held in 
        the same cells as criminals.
          (7) The number and frequency of the transfers of 
        detainees between detention facilities.
          (8) The average length of detention and the number of 
        detainees by category of the length of detention.
          (9) The rate of release from detention of detainees 
        for each district of the Immigration and Naturalization 
        Service.
          (10) A description of the disposition of cases.
    (b) Annual Reports.--Beginning October 1, 1999, and not 
later than October 1 of each year thereafter, the Attorney 
General shall submit to the Committee on the Judiciary of each 
House of Congress a report setting forth the data collected 
under subsection (a) for the fiscal year ending September 30 of 
that year.
    (c) Availability to Public.--Copies of the data collected 
under subsection (a) shall be made available to members of the 
public upon request pursuant to such regulations as the 
Attorney General shall prescribe.
    Sec. 904.\6\ Collection of Data on Other Detained Aliens.--
(a) In General.--The Attorney General shall regularly collect 
data on a nationwide basis on aliens being detained in the 
United States by the Immigration and Naturalization Service 
other than the aliens described in section 903, including the 
following information:
---------------------------------------------------------------------------
    \6\ 8 U.S.C. 1378.
---------------------------------------------------------------------------
          (1) The number of detainees who are criminal aliens 
        and the number of detainees who are noncriminal aliens 
        who are not seeking asylum.
          (2) An identification of the ages, gender, and 
        countries of origin of detainees within each category 
        described in paragraph (1).
          (3) The types of facilities, whether facilities of 
        the Immigration and Naturalization Service or other 
        Federal, State, or local facilities, in which each of 
        the categories of detainees described in paragraph (1) 
        are held.
    (b) Length of Detention, Transfers, and Dispositions.--With 
respect to detainees who are criminal aliens and detainees who 
are noncriminal aliens who are not seeking asylum, the Attorney 
General shall also collect data concerning--
          (1) the number and frequency of transfers between 
        detention facilities for each category of detainee;
          (2) the average length of detention of each category 
        of detainee;
          (3) for each category of detainee, the number of 
        detainees who have been detained for the same length of 
        time, in 3-month increments;
          (4) for each category of detainee, the rate of 
        release from detention for each district of the 
        Immigration and Naturalization Service; and
          (5) for each category of detainee, the disposition of 
        detention, including whether detention ended due to 
        deportation, release on parole, or any other release.
    (c) Criminal Aliens.--With respect to criminal aliens, the 
Attorney General shall also collect data concerning--
          (1) the number of criminal aliens apprehended under 
        the immigration laws and not detained by the Attorney 
        General; and
          (2) a list of crimes committed by criminal aliens 
        after the decision was made not to detain them, to the 
        extent this information can be derived by cross-
        checking the list of criminal aliens not detained with 
        other databases accessible to the Attorney General.
    (d) Annual Reports.--Beginning on October 1, 1999, and not 
later than October 1 of each year thereafter, the Attorney 
General shall submit to the Committee on the Judiciary of each 
House of Congress a report setting forth the data collected 
under subsections (a), (b), and (c) for the fiscal year ending 
September 30 of that year.
    (e) Availability to Public.--Copies of the data collected 
under subsections (a), (b), and (c) shall be made available to 
members of the public upon request pursuant to such regulations 
as the Attorney General shall prescribe.
       (2) Nicaraguan Adjustment and Central American Relief Act

    Partial text of Public Law 105-100 [H.R. 2607], 111 Stat. 2160, 
     November 19, 1997; amended by Public Law 106-386 [Victims of 
Trafficking and Violence Protection Act of 2000; H.R. 3244], 114 Stat. 
1464, approved October 28, 2000; and by Public Law 106-554 [H.R. 4577], 
               114 Stat. 2763, approved December 21, 2000

  AN ACT Making appropriations for the government of the District of 
 Columbia and other activities chargeable in whole or in part against 
the revenues of said District for the fiscal year ending September 30, 
                     1998, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, * * *

  TITLE II--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND 
                     DEPORTATION FOR CERTAIN ALIENS

    Sec. 201.\1\ Short Title.--This title may be cited as the 
``Nicaraguan Adjustment and Central American Relief Act''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1101 note.
---------------------------------------------------------------------------
    Sec. 202.\2\ Adjustment of Status of Certain Nicaraguans 
and Cubans. (a) Adjustment of Status.--
---------------------------------------------------------------------------
    \2\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
          (1) In general.--The \3\ status of any alien 
        described in subsection (b) shall be adjusted by the 
        Attorney General to that of an alien lawfully admitted 
        for permanent residence, if the alien--
---------------------------------------------------------------------------
    \3\ Sec. 1(a)(1) of Public Law 105-139 (111 Stat. 2644) struck out 
``Notwithstanding section 245(c) of the Immigration and Nationality 
Act, the'' and inserted in lieu thereof ``The''.
---------------------------------------------------------------------------
                  (A) applies for such adjustment before April 
                1, 2000; and
                  (B) \4\ is otherwise admissible to the United 
                States for permanent residence, except in 
                determining such admissibility the grounds for 
                inadmissibility specified in paragraphs (4), 
                (5), (6)(A), (7)(A), and (9)(B) \5\ of section 
                212(a) of the Immigration and Nationality Act 
                shall not apply.
---------------------------------------------------------------------------
    \4\ Sec. 1(a)(2)(A) of Public Law 105-139 (111 Stat. 2644) struck 
out ``is otherwise eligible to receive an immigrant visa and'' at the 
beginning of subpara. (B).
    \5\ Sec. 1(a)(2)(B) of Public Law 105-139 (111 Stat. 2644) added 
reference to para. (9)(B).
---------------------------------------------------------------------------
          (2) \6\ Rules in applying certain provisions.--In the 
        case of an alien described in subsection (b) or (d) who 
        is applying for adjustment of status under this 
        section--
---------------------------------------------------------------------------
    \6\ Sec. 1505(a)(1) of Public Law 106-554 (114 Stat. 2763A-326) 
redesignated para. (2) as para. (3), and added a new para. (2). Sec. 
1505(a)(2) of that Act provided the following:
    ``(2) Permitting motion to reopen.--Notwithstanding any time and 
number limitations imposed by law on motions to reopen exclusion, 
removal, or deportation proceedings (except limitations premised on an 
alien's conviction of an aggravated felony (as defined by section 
101(a) of the Immigration and Nationality Act)), a national of Cuba or 
Nicaragua who has become eligible for adjustment of status under the 
Nicaraguan Adjustment and Central American Relief Act as a result of 
the amendments made by paragraph (1), may file one motion to reopen 
exclusion, deportation, or removal proceedings to apply for such 
adjustments under that Act. The scope of any proceeding reopened on 
this basis shall be limited to a determination of the alien's 
eligibility for adjustment of status under that Act. All such motions 
shall be filed within 180 days of the date of the enactment of this 
Act.''.
---------------------------------------------------------------------------
                  (A) the provisions of section 241(a)(5) of 
                the Immigration and Nationality Act shall not 
                apply; and
                  (B) the Attorney General may grant the alien 
                a waiver on the grounds of inadmissibility 
                under subparagraphs (A) and (C) of section 
                212(a)(9) of such Act.
        In granting waivers under subparagraph (B), the 
        Attorney General shall use standards used in granting 
        consent under subparagraphs (A)(iii) and (C)(ii) of 
        such section 212(a)(9).
          (3) \6\ Relationship of application to certain 
        orders.--An alien present in the United States who has 
        been ordered excluded, deported, removed, or ordered to 
        depart voluntarily from the United States under any 
        provision of the Immigration and Nationality Act may, 
        notwithstanding such order, apply for adjustment of 
        status under paragraph (1). Such an alien may not be 
        required, as a condition of submitting or granting such 
        application, to file a separate motion to reopen, 
        reconsider, or vacate such order. If the Attorney 
        General grants the application, the Attorney General 
        shall cancel the order. If the Attorney General renders 
        a final administrative decision to deny the 
        application, the order shall be effective and 
        enforceable to the same extent as if the application 
        had not been made.
    (b) Aliens Eligible for Adjustment of Status.--
          (1) In general.--The benefits provided by subsection 
        (a) shall apply to any alien who is a national of 
        Nicaragua or Cuba and who has been physically present 
        in the United States for a continuous period, beginning 
        not later than December 1, 1995, and ending not earlier 
        than the date the application for adjustment under such 
        subsection is filed, except an alien shall not be 
        considered to have failed to maintain continuous 
        physical presence by reason of an absence, or absences, 
        from the United States for any periods in the aggregate 
        not exceeding 180 days.
          (2) Proof of commencement of continuous presence.--
        For purposes of establishing that the period of 
        continuous physical presence referred to in paragraph 
        (1) commenced not later than December 1, 1995, an 
        alien--
                  (A) shall demonstrate that the alien, prior 
                to December 1, 1995--
                          (i) applied to the Attorney General 
                        for asylum;
                          (ii) was issued an order to show 
                        cause under section 242 or 242B of the 
                        Immigration and Nationality Act (as in 
                        effect prior to April 1, 1997);
                          (iii) was placed in exclusion 
                        proceedings under section 236 of such 
                        Act (as so in effect);
                          (iv) applied for adjustment of status 
                        under section 245 of such Act;
                          (v) applied to the Attorney General 
                        for employment authorization;
                          (vi) performed service, or engaged in 
                        a trade or business, within the United 
                        States which is evidenced by records 
                        maintained by the Commissioner of 
                        Social Security; or
                          (vii) applied for any other benefit 
                        under the Immigration and Nationality 
                        Act by means of an application 
                        establishing the alien's presence in 
                        the United States prior to December 1, 
                        1995; or
                  (B) shall make such other demonstration of 
                physical presence as the Attorney General may 
                provide for by regulation.
    (c) Stay of Removal; Work Authorization.--
          (1) In general.--The Attorney General shall provide 
        by regulation for an alien subject to a final order of 
        deportation or removal to seek a stay of such order 
        based on the filing of an application under subsection 
        (a).
          (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the 
        Attorney General shall not order any alien to be 
        removed from the United States, if the alien is in 
        exclusion, deportation, or removal proceedings under 
        any provision of such Act and has applied for 
        adjustment of status under subsection (a), except where 
        the Attorney General has rendered a final 
        administrative determination to deny the application.
          (3) Work authorization.--The Attorney General may 
        authorize an alien who has applied for adjustment of 
        status under subsection (a) to engage in employment in 
        the United States during the pendency of such 
        application and may provide the alien with an 
        ``employment authorized'' endorsement or other 
        appropriate document signifying authorization of 
        employment, except that if such application is pending 
        for a period exceeding 180 days, and has not been 
        denied, the Attorney General shall authorize such 
        employment.
    (d) Adjustment of Status for Spouses and Children.--
          (1) In general.--The \7\ status of an alien shall be 
        adjusted by the Attorney General to that of an alien 
        lawfully admitted for permanent residence, if--
---------------------------------------------------------------------------
    \7\ Sec. 1(b)(1) of Public Law 105-139 (111 Stat. 2644) struck out 
``Notwithstanding section 245(c) of the Immigration and Nationality 
Act, the'' and inserted in lieu thereof ``The''.
---------------------------------------------------------------------------
                  (A) the alien is a national of Nicaragua or 
                Cuba;
                  (B) \8\ the alien--
---------------------------------------------------------------------------
    \8\ Sec. 1510(a)(1) of Public Law 106-386 (114 Stat. 1531) amended 
and restated subpara. (B). It previously read as follows:
    ``(B) the alien is the spouse, child, or unmarried son or daughter, 
of an alien whose status is adjusted to that of an alien lawfully 
admitted for permanent residence under subsection (a), except that in 
the case of such an unmarried son or daughter, the son or daughter 
shall be required to establish that they have been physically present 
in the United States for a continuous period, beginning not later than 
December 1, 1995, and ending not earlier than the date the application 
for adjustment under this subsection is filed;''.
---------------------------------------------------------------------------
                          (i) is the spouse, child, or 
                        unmarried son or daughter of an alien 
                        whose status is adjusted to that of an 
                        alien lawfully admitted for permanent 
                        residence under subsection (a), except 
                        that in the case of such an unmarried 
                        son or daughter, the son or daughter 
                        shall be required to establish that the 
                        son or daughter has been physically 
                        present in the United States for a 
                        continuous period beginning not later 
                        than December 1, 1995, and ending not 
                        earlier than the date on which the 
                        application for adjustment under this 
                        subsection is filed; or
                          (ii) was, at the time at which an 
                        alien filed for adjustment under 
                        subsection (a), the spouse or child of 
                        an alien whose status is adjusted to 
                        that of an alien lawfully admitted for 
                        permanent residence under subsection 
                        (a), and the spouse, child, or child of 
                        the spouse has been battered or 
                        subjected to extreme cruelty by the 
                        alien that filed for adjustment under 
                        subsection (a);
                  (C) the alien applies for such adjustment and 
                is physically present in the United States on 
                the date the application is filed;
                  (D) the alien \9\ is otherwise admissible to 
                the United States for permanent residence, 
                except in determining such admissibility the 
                grounds for inadmissibility \10\ specified in 
                paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) 
                \11\ of section 212(a) of the Immigration and 
                Nationality Act shall not apply; and
---------------------------------------------------------------------------
    \9\ Sec. 1(b)(2)(A) of Public Law 105-139 (111 Stat. 2644) struck 
out ``is otherwise eligible to receive an immigrant visa and'' after 
``the alien''.
    \10\ Sec. 1(b)(2)(B) of Public Law 105-139 (111 Stat. 2644) struck 
out ``exclusion'' and inserted in lieu thereof ``inadmissibility''.
    \11\ Sec. 1(b)(2)(C) of Public Law 105-139 (111 Stat. 2644) added 
the reference to para. (9)(B).
---------------------------------------------------------------------------
                  (E) applies for such adjustment before April 
                1, 2000.
          (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien--
                  (A) shall demonstrate that such period 
                commenced not later than December 1, 1995, in a 
                manner consistent with subsection (b)(2); and
                  (B) shall not be considered to have failed to 
                maintain continuous physical presence by reason 
                of an absence, or absences, from the United 
                States for any period in the aggregate not 
                exceeding 180 days.
          (3) \12\ Procedure.--In acting on an application 
        under this section with respect to a spouse or child 
        who has been battered or subjected to extreme cruelty, 
        the Attorney General shall apply section 204(a)(1)(H).
---------------------------------------------------------------------------
    \12\ Sec. 1510(a)(2) of Public Law 106-386 (114 Stat. 1531) added 
para. (3).
---------------------------------------------------------------------------
    (e) Availability of Administrative Review.--The Attorney 
General shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
          (1) applicants for adjustment of status under section 
        245 of the Immigration and Nationality Act; or
          (2) aliens subject to removal proceedings under 
        section 240 of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Attorney General as to whether the status of any alien should 
be adjusted under this section is final and shall not be 
subject to review by any court.
    (g) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for 
permanent residence pursuant to this section, the Secretary of 
State shall not be required to reduce the number of immigrant 
visas authorized to be issued under any provision of the 
Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act 
Provisions.--Except as otherwise specifically provided in this 
section, the definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
section. Nothing contained in this section shall be held to 
repeal, amend, alter, modify, affect, or restrict the powers, 
duties, functions, or authority of the Attorney General in the 
administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. The 
fact that an alien may be eligible to be granted the status of 
having been lawfully admitted for permanent residence under 
this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may 
be eligible.
    Sec. 203. Modification of Certain Transition Rules. (a) 
Transitional Rules with Regard to Suspension of Deportation.--
          (1) In general.--Section 309(c)(5) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 
        1996 (Public Law 104-208; division C; 110 Stat. 3009-
        627) is amended to read as follows: * * *
          (2) Conforming Amendment.--Subsection (c) of section 
        309 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law 104-208; 
        division C; 110 Stat. 3009-625) is amended by striking 
        the subsection designation and the subsection heading 
        and inserting the following: * * *
    (b) Special Rule for Cancellation of Removal.--Section 309 
of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (Public Law 104-208; 110 Stat. 3009-625) is amended 
by adding at the end the following: * * *
    (c) Motions To Reopen Deportation or Removal Proceedings.--
Section 309 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
625), as amended by subsection (b), is further amended by 
adding at the end the following: * * *
    (d) \13\ Temporary Reduction in Diversity Visas.--
---------------------------------------------------------------------------
    \13\ 8 U.S.C. 1151 note.
---------------------------------------------------------------------------
          (1) Beginning in fiscal year 1999, subject to 
        paragraph (2), the number of visas available for a 
        fiscal year under section 201(e) of the Immigration and 
        Nationality Act shall be reduced by 5,000 from the 
        number of visas otherwise \14\ available under that 
        section for such fiscal year.
---------------------------------------------------------------------------
    \14\ Sec. 1(d)(1) of Public Law 105-139 (111 Stat. 2644) inserted 
``otherwise'' before ``available under that section''.
---------------------------------------------------------------------------
          (2) In no case shall the reduction under paragraph 
        (1) for a fiscal year exceed the amount by which--
                  (A) one-half of the total number of 
                individuals described in subclauses (I), (II), 
                (III), and (IV) of section 309(c)(5)(C)(i) \15\ 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 who have adjusted 
                their status to that of aliens lawfully 
                admitted for permanent residence under the 
                Nicaraguan Adjustment and Central American 
                Relief Act as of the end of the previous fiscal 
                year; \16\ exceeds--
---------------------------------------------------------------------------
    \15\ Sec. 1(d)(2)(A) of Public Law 105-139 (111 Stat. 2645) struck 
out ``309(c)(5)(C)'' and inserted in lieu thereof ``309(c)(5)(C)(i)''.
    \16\ Sec. 1(d)(2)(B) of Public Law 105-139 (111 Stat. 2645) 
inserted the semicolon.
---------------------------------------------------------------------------
                  (B) the total of the reductions in available 
                visas under this subsection for all previous 
                fiscal years.
    (e) \17\ Temporary Reduction in Other Workers' Visas.--
---------------------------------------------------------------------------
    \17\ 8 U.S.C. 1153 note.
---------------------------------------------------------------------------
          (1) Beginning in the fiscal year following the fiscal 
        year in which a visa has been made available under 
        section 203(b)(3)(A)(iii) of the Immigration and 
        Nationality Act for all aliens who are the beneficiary 
        of a petition approved under section 204 of such Act as 
        of the date of the enactment of this Act for 
        classification under section 203(b)(3)(A)(iii) of such 
        Act, subject to paragraph (2), visas available under 
        section 203(b)(3)(A)(iii) of that Act shall be reduced 
        by 5,000 from the number of visas otherwise available 
        under that section for such fiscal year.
          (2) In no case shall the reduction under paragraph 
        (1) for a fiscal year exceed the amount by which--
                  (A) the number computed under subsection 
                (d)(2)(A); \18\ exceeds--
---------------------------------------------------------------------------
    \18\ Sec. 1(e) of Public Law 105-139 (111 Stat. 2645) replaced a 
comma with a semicolon at this point.
---------------------------------------------------------------------------
                  (B) the total of the reductions in available 
                visas under this subsection for all previous 
                fiscal years.
    (f) \19\ Effective Date.--The amendments made by this 
section to the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 shall take effect as if included in 
the enactment of such Act.
---------------------------------------------------------------------------
    \19\ 8 U.S.C. 1101 note.
---------------------------------------------------------------------------
    Sec. 204. Limitation on Cancellations of Removal and 
Suspensions of Deportation. (a) Annual Limitation.--Section 
240A(e) of the Immigration and Nationality Act (8 U.S.C. 
1229b(e)) is amended to read as follows: * * *
    (b) Cancellation of Removal and Adjustment of Status for 
Certain Nonpermanent Residents.--Section 240A(b) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended 
in each of paragraphs (1) and (2) * * *
    (c) Recordation of Date.--Section 240A(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(b)(3)) is 
amended to read as follows: * * *
    (d) April 1 Effective Date for Aggregate Limitation.--
Section 309(c)(7) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 
division C; 110 Stat. 3009-627) is amended to read as follows: 
* * *
    (e) \20\ Effective Date.--The amendments made by this 
section shall take effect as if included in the enactment of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (Public Law 104-208; 110 Stat. 3009-546).
---------------------------------------------------------------------------
    \20\ 8 U.S.C. 1229b note.
              (3) Cuban Political Prisoners and Immigrants

   Partial text of Public Law 100-202 [Sec. 101(a) of the Continuing 
 Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-39, approved 
                           December 22, 1987

   JOINT RESOLUTION Making further continuing appropriations for the 
               fiscal year 1988, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That--
          * * * * * * *
    The following sums are hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, 
for the several departments, agencies, corporations, and other 
organizational units of the Government for the fiscal year 
1988, and for other purposes, namely:
          * * * * * * *
    Sec. 101. (a) Such amounts as may be necessary for 
programs, projects or activities provided for in the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1988 at a rate of 
operations and to the extent and in the manner provided for, 
the provisions of such Act to be effective as if it had been 
enacted into law as the regular appropriations Act, as follows:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1988, and for other purposes.

          * * * * * * *

          TITLE VII--CUBAN POLITICAL PRISONERS AND IMMIGRANTS

  Sec. 701.\1\ This title may be cited as ``Cuban Political 
Prisoners and Immigrants''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1201 note. See also sec. 903 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1401), relating to processing of Cuban nationals for admission to 
the United States.
---------------------------------------------------------------------------
  Sec. 702.\1\ (a) Processing of Certain Cuban Political 
Prisoners as Refugees.--In light of the announcement of the 
Government of Cuba on November 20, 1987, that it would 
reimplement immediately the agreement of December 14, 1984, 
establishing normal migration procedures between the United 
States and Cuba, on and after the date of enactment of this 
Act, consular officer of the Department of State and 
appropriate officers of the Immigration and Naturalization 
Service shall, in accordance with the procedures applicable to 
such cases in other countries, process any application for 
admission to the United States as a refugee from any Cuban 
national who was imprisoned for political reasons by the 
Government of Cuba on or after January 1, 1959, without regard 
to the duration of such imprisonment, except as may be 
necessary to reassure the orderly process of available 
applicants.
  (b) Processing of Immigrant Visa Applications of Cuban 
Nationals in Third Countries.--Notwithstanding section 212(f) 
and section 243(g) of the Immigration and Nationality Act, on 
and after the date of the enactment of this Act, consular 
officers of the Department of State shall process immigrant 
visa applications by nationals of Cuba located in third 
countries on the same basis as immigrant visa applications by 
nationals of other countries.
  (c) Definitions.--For purposes of this section:
          (1) The term ``process'' means the acceptance and 
        review of applications and the preparation of necessary 
        documents and the making of appropriate determinations 
        with respect to such applications.
          (2) The term ``refugee'' has the meaning given such 
        term in section 101(a)(42) of the Immigration and 
        Nationality Act.
          * * * * * * *
              (4) Refugee Education Assistance Act of 1980

Partial text of Public Law 96-422 [H.R. 7859], 94 Stat. 1799, approved 
                            October 10, 1980

   AN ACT To provide general assistance educational agencies for the 
  education of Cuban and Haitian refugee children, to provide special 
  impact aid of such agencies for the education of Cuban and Haitian 
   refugee children and Indochinese refugee children, and to provide 
assistance to State educational agencies for the education of Cuban and 
                        Haitian refugee adults.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Refugee Education Assistance Act of 
1980''.
          * * * * * * *

    TITLE V--OTHER PROVISIONS RELATING TO CUBAN AND HAITIAN ENTRANTS

             authorities for other programs and activities

    Sec. 501.\1\ (a)(1) The President shall exercise 
authorities with respect to Cuban and Haitian entrants which 
are identical to the authorities which are exercised under 
chapter 2 of title IV of the Immigration and Nationality Act. 
The authorizations provided in section 414 of that Act shall be 
available to carry out this section without regard to the 
dollar limitation contained in section 414(a)(2).
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1522 note.
---------------------------------------------------------------------------
    (2) Any reference in chapter III of title I of the 
Supplemental Appropriations and Rescission Act, 1980, to 
section 405(c)(2) of the International Security and Development 
Assistance Act of 1980 or to the International Security Act of 
1980 shall be construed to be a reference to paragraph (1) of 
this subsection.
    (b) In addition, the President may, by regulation, provide 
that benefits granted under any law of the United States (other 
than the Immigration and Nationality Act) with respect to 
individuals admitted to the United States under section 207(c) 
of the Immigration and Nationality Act shall be granted in the 
same manner and to the same extent with respect to Cuban and 
Haitian entrants.
    (a)(1)(A) Any Federal agency may, under the direction of 
the president, provide assistance (in the form of materials, 
supplies, equipment, work, services, facilities, or otherwise) 
for the processing, care, maintenance, security, 
transportation, and initial reception and placement in the 
United States of Cuban and Haitian entrants. Such assistance 
shall be provided on such terms and conditions as the President 
may determine.
    (B) Funds available to carry out this subsection shall be 
used to reimburse State and local governments for expenses 
which they incur for the purposes described in subparagraph 
(A). Such funds may be used to reimburse Federal agencies for 
assistance which they provide under subparagraph (A).
    (2) The President may direct the head of any Federal agency 
to detail personnel of that agency, on either a reimbursable or 
nonreimbursable basis, for temporary duty with any Federal 
agency directed to provide supervision and management for 
purposes of this subsection.
    (3) The furnishing of assistance or other exercise of 
functions under this subsection shall not be considered a major 
Federal action significantly affecting the quality of the human 
environment within the meaning of the National Environmental 
Policy Act of 1969.
    (4) Funds to carry out this subsection may be available 
until expended.
    (5) To facilitate the transfer of the functions described 
in paragraph (1) from the Federal Emergency Management Agency 
to other Federal agencies pursuant to this subsection, the 
purposes for which the funds appropriated to the President in 
the first paragraph under the heading ``FEDERAL EMERGENCY 
MANAGEMENT AGENCY'' in chapter VII of title I of the 
Supplemental Appropriations and Rescission Act, 1980, are 
available may be construed to include use in carrying out this 
subsection to the extent that those funds are allocated for use 
for any of the purposes described in paragraph (1) of this 
subsection.
    (d) The authorities provided in this section are applicable 
to assistance and services provided with respect to Cuban or 
Haitian entrants at any time after their arrival in the United 
States, including periods prior to the enactment of this 
section.
    (e) As used in this section, the term ``Cuban and Haitian 
entrant'' means--
          (1) any individual granted parole status as a Cuban-
        Haitian Entrant (Status Pending) or granted any other 
        special status subsequently established under the 
        immigration laws for nationals of Cuba or Haiti, 
        regardless of the status of the individual at the time 
        assistance or services are provided; and
          (2) any other national of Cuba or Haiti--
                  (A) who--
                          (i) was paroled into the United 
                        States and has not acquired any other 
                        status under the Immigration and 
                        Nationality Act;
                          (ii) is the subject of exclusion or 
                        deportation proceedings under the 
                        Immigration and Nationality Act; or
                          (iii) has an application for asylum 
                        pending with the Immigration and 
                        Naturalization Service; and
                  (B) with respect to whom a final, 
                nonappealable, and legally enforceable order of 
                deportation or exclusion has not been entered.
              (5) Cuban Refugee Adjustment Act of 1966 \1\

Partial text of Public Law 89-732 [H.R. 15183], 80 Stat. 1161, approved 
    November 2, 1966; amended by Public Law 94-571 [Immigration and 
    Nationality Act Amendments of 1976, H.R. 14535], 90 Stat. 2703, 
 approved October 20, 1976; Public Law 96-212 [Refugee Act of 1980, S. 
643], 94 Stat. 102, approved March 17, 1980; and by Public Law 106-386 
   [Victims of Trafficking and Violence Protection Act of 2000; H.R. 
            3244], 114 Stat. 1464, approved October 28, 2000

    AN ACT To adjust the status of Cuban refugees to that of lawful 
   permanent residents of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That:
    Notwithstanding the provisions of section 245(c) of the 
Immigration and Nationality Act, the status of any alien who is 
a native or citizen of Cuba and who has been inspected and 
admitted or paroled into the United States subsequent to 
January 1, 1959 and has been physically present in the United 
States for at least one year,\2\ may be adjusted by the 
Attorney General, in his direction and under such regulations 
as me may prescribe, to that of an alien lawfully admitted for 
permanent residence if the alien makes an application for such 
adjustment, and the alien is eligible to receive an immigrant 
visa and is admissible to the United States for permanent 
residence. Upon approval of such an application for adjustment 
of status, the Attorney General shall create a record of the 
alien's admission for permanent residence as of a date thirty 
months prior to the filing of such an application or the date 
of his last arrival into the United States, whichever date is 
later. The provisions of this Act shall be applicable to the 
spouse and child of any alien described in this subsection, 
regardless of their citizenship and place of birth, who are 
residing with such alien in the United States, except that such 
spouse or child who has been battered or subjected to extreme 
cruelty may adjust to permanent resident status under this Act 
without demonstrating that he or she is residing with the Cuban 
spouse or parent in the United States. In acting on 
applications under this section with respect to spouses or 
children who have been battered or subjected to extreme 
cruelty, the Attorney General shall apply the provisions of 
section 204(a)(1)(H).\3\
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
    \2\ Sec. 203(i) of the Refugee Act of 1980 (Public Law 96-212; 94 
Stat. 108) struck out ``two years'' and inserted in lieu thereof ``one 
year''.
    \3\ Sec. 1509(a) of Public Law 106-386 (114 Stat. 1530) added text 
to this point beginning with ``, except that such spouse''.
---------------------------------------------------------------------------
    Sec. 2. In the case of any alien described in section 1 of 
this Act who, prior to the effective date thereof, has been 
lawfully admitted into the United States for permanent 
residence, the Attorney General shall, upon application, record 
his admission for permanent residence as of the date the alien 
originally arrived in the United States as a nonimmigrant or as 
a parolee, or a date thirty months prior to the date of 
enactment of this Act, whichever date is later.
          * * * * * * *
    Sec. 4. Except as otherwise specifically provided in this 
Act, the definitions contained in section 101(a) and (b) of the 
Immigration and Nationality Act shall apply in the 
administration of this Act. Nothing contained in this Act shall 
be held to repeal, amend, alter, modify, affect, or restrict 
the powers, duties, functions, or authority of the Attorney 
General in the administration and enforcement of the 
Immigration and Nationality Act or any other law relating to 
immigration, nationality, or naturalization.
    Sec. 5.\4\ The approval of an application for adjustment of 
status to that of lawful permanent resident of the United 
States pursuant to the provisions of section 1 of this Act 
shall not require the Secretary of State to reduce the number 
of visas authorized to be issued in any class in the case of 
any alien who is physically present in the United States on or 
before the effective date of the Immigration and Nationality 
Act Amendments of 1976.
---------------------------------------------------------------------------
    \4\ Added by sec. 8 of Public Law 94-571 (90 Stat. 2706).
                     (6) Cuban and Haitian Entrants

 Executive Order 12341, January 21, 1982, 47 F.R. 3341, 8 U.S.C. 1522 
                                  note

    By the authority vested in me as President of the United 
States of America by Section 501 of the Refugee Education 
Assistance Act of 1980 (8 U.S.C. 1522 note) and Section 301 of 
Title 3 of the United States Code, and to reassign some 
responsibilities for providing assistance to Cuban and Haitian 
entrants, it is hereby ordered as follows:
    Section 1. The functions vested in the President by 
Sections 501 (a) and (b) of the Refugee Education Assistance 
Act of 1980, hereinafter referred to as the Act (8 U.S.C. 1522 
note), are delegated to the Secretary of Health and Human 
Services.
    Sec. 2. The Attorney General shall ensure that actions are 
taken to provide such assistance to Cuban and Haitian entrants 
as provided for by Section 501(c) of the Act. To that end, the 
functions vested in the President by Section 501(c) of the Act 
are delegated to the Attorney General.
    Sec. 3. All actions taken pursuant to Executive Order No. 
12251 shall continue in effect until superseded by actions 
under this Order.
    Sec. 4. Executive Order No. 12251 of November 15, 1980, is 
revoked.
                         c. China and Indochina

                   (1) Visas for Officials of Taiwan

    Partial text of Public Law 103-416 [Immigration and Nationality 
 Technical Corrections Act of 1994; H.R. 783], 108 Stat. 4305 at 4320, 
                       approved October 25, 1994

  AN ACT To amend title III of the Immigration and Nationality Act to 
  make changes in the laws relating to nationality and naturalization.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 221.\1\ VISAS FOR OFFICIALS OF TAIWAN.

    Whenever the President of Taiwan or any other high-level 
official of Taiwan shall apply to visit the United States for 
the purposes of discussions with United States Federal or State 
government officials concerning--
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1101 note.
---------------------------------------------------------------------------
          (1) trade or business with Taiwan that will reduce 
        the United States-Taiwan trade deficit;
          (2) prevention of nuclear proliferation;
          (3) threats to the national security of the United 
        States;
          (4) the protection of the global environment;
          (5) the protection of endangered species; or
          (6) regional humanitarian disasters.
The official shall be admitted to the United States, unless the 
official is otherwise excludable under the immigration laws of 
the United States.
          * * * * * * *
               (2) Chinese Student Protection Act of 1992

 Public Law 102-404 [S. 1216], 106 Stat. 1969, approved October 9, 1992

 AN ACT To provide for the adjustment of status under the Immigration 
 and Nationality Act of certain nationals of the People's Republic of 
 China unless conditions permit their return in safety to that foreign 
                                 state.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Chinese Student Protection 
Act of 1992''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------

SEC. 2.\1\ ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN 
                    NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Subject to subsection (c)(1), whenever an 
alien described in subsection (b) applies for adjustment of 
status under section 245 of the Immigration and Nationality Act 
during the application period (as defined in subsection (e)) 
the following rules shall apply with respect to such 
adjustment:
          (1) The alien shall be deemed to have had a petition 
        approved under section 204(a) of such Act for 
        classification under section 203(b)(3)(A)(i) of such 
        Act.
          (2) The application shall be considered without 
        regard to whether an immigrant visa number is 
        immediately available at the time the application is 
        filed.
          (3) In determining the alien's admissibility as an 
        immigrant, and the alien's eligibility for an immigrant 
        visa--
                  (A) paragraphs (5) and (7)(A) of section 
                212(a) and section 212(e) of such Act shall not 
                apply; and
                  (B) the Attorney General may waive any other 
                provision of section 212(a) (other than 
                paragraph (2)(C) and subparagraph (A), (B), 
                (C), or (E) of paragraph (3)) of such Act with 
                respect to such adjustment for humanitarian 
                purposes, for purposes of assuring family 
                unity, or if otherwise in the public interest.
          (4) The numerical level of section 202(a)(2) of such 
        Act shall not apply.
          (5) Section 245(c) of such Act shall not apply.
    (b) Aliens Covered.--For purposes of this section, an alien 
described in this subsection is an alien who--
          (1) is a national of the People's Republic of China 
        described in section 1 of Executive Order No. 12711 as 
        in effect on April 11, 1990;
          (2) has resided continuously in the United States 
        since April 11, 1990 (other than brief, casual, and 
        innocent absences); and
          (3) was not physically present in the People's 
        Republic of China for longer than 90 days after such 
        date and before the date of the enactment of this Act.
    (c) Condition; Dissemination of Information.--
          (1) Not applicable if safe return permitted.--
        Subsection (a) shall not apply to any alien if the 
        President has determined and certified to Congress, 
        before the first day of the application period, that 
        conditions in the People's Republic of China permit 
        aliens described in subsection (b)(1) to return to that 
        foreign state in safety.
          (2) Dissemination of information.--If the President 
        has not made the certification described in paragraph 
        (1) by the first day of the application period, the 
        Attorney General shall, subject to the availability of 
        appropriations, immediately broadly disseminate to 
        aliens described in subsection (b)(1) information 
        respecting the benefits available under this section. 
        To the extent practicable, the Attorney General shall 
        provide notice of these benefits to the last known 
        mailing address of each such alien.
    (d) Offset in Per Country Numerical Level.--
          (1) In general.--The numerical level under section 
        202(a)(2) of the Immigration and Nationality Act 
        applicable to natives of the People's Republic of China 
        in each applicable fiscal year (as defined in paragraph 
        (3)) shall be reduced by 1,000.
          (2) Allotment if section 202(e) applies.--If section 
        202(e) of the Immigration and Nationality Act is 
        applied to the People's Republic of China in an 
        applicable fiscal year, in applying such section--
                  (A) 300 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(3)(A)(i) of such Act in that year, and
                  (B) 700 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(5) of such Act in that year.
          (3) Applicable fiscal year.--
                  (A) In general.--In this subsection, the term 
                ``applicable fiscal year'' means each fiscal 
                year during the period--
                          (i) beginning with the fiscal year in 
                        which the application period begins; 
                        and
                          (ii) ending with the first fiscal 
                        year by the end of which the cumulative 
                        number of aliens counted for all fiscal 
                        years under subparagraph (B) equals or 
                        exceeds the total number of aliens 
                        whose status has been adjusted under 
                        section 245 of the Immigration and 
                        Nationality Act pursuant to subsection 
                        (a).
                  (B) Number counted each year.--The number 
                counted under this subparagraph for a fiscal 
                year (beginning during or after the application 
                period) is 1,000, plus the number (if any) by 
                which (i) the immigration level under section 
                202(a)(2) of the Immigration and Nationality 
                Act for the People's Republic of China in the 
                fiscal year (as reduced under this subsection), 
                exceeds (ii) the number of aliens who were 
                chargeable to such level in the year.
    (e) Application Period Defined.--In this section, the term 
``application period'' means the 12-month period beginning July 
1, 1993.
    (3) Indochinese Refugee Resettlement and Protection Act of 1987

   Partial text of Public Law 100-202 [Sec. 101(a) of the Continuing 
 Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-40, approved 
                           December 22, 1987

   JOINT RESOLUTION Making further continuing appropriations for the 
               fiscal year 1988, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That--
          * * * * * * *
    The following sums are hereby appropriated, out of any 
money in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, 
for the several departments, agencies, corporations, and other 
organizational units of the Government for the fiscal year 
1988, and for other purposes, namely:
          * * * * * * *
    Sec. 101. (a) Such amounts as may be necessary for 
programs, projects or activities provided for in the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1988 at a rate of 
operations and to the extent and in the manner provided for, 
the provisions of such Act to be effective as if it had been 
enacted into law as the regular appropriations Act, as follows:

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1988, and for other purposes.

          * * * * * * *

TITLE VIII--INDOCHINESE REFUGEE RESETTLEMENT AND PROTECTION ACT OF 1987 
                                  \1\

  Sec. 801. This title may be cited as the ``Indochinese 
Refugee Resettlement and Protection Act of 1987''.
---------------------------------------------------------------------------
    \1\ Legislation nearly identical to secs. 801 through 803 of this 
Act was enacted as sec. 904 of the Foreign Relations Authorization Act, 
1988 and 1989 (Public Law 100-204; 101 Stat. 1402).
---------------------------------------------------------------------------
  Sec. 802. (a) Findings.--It is the sense of the Congress 
that--
          (1) the continued occupation of Cambodia by Vietnam 
        and the oppressive conditions within Vietnam, Cambodia, 
        and Laos have led to a steady flight of persons from 
        those countries, and the likelihood for the safe 
        repatriation of the hundreds of thousands of refugees 
        in the region's camps is negligible for the foreseeable 
        future;
          (2) the United States has already played a major role 
        in responding to the Indochinese refugee problem by 
        accepting approximately 850,000 Indochinese refugees 
        into the United States since 1975 and has a continued 
        interest in persons who have fled and continue to flee 
        the countries of Cambodia, Laos, and Vietnam;
          (3) Hong Kong, Indonesia, Malaysia, Singapore, the 
        Philippines, and Thailand have been the front line 
        countries bearing tremendous burdens caused by the 
        flight of these persons;
          (4) all members of the international community bear a 
        share of the responsibility for the deterioration in 
        the refugee first asylum situation in Southeast Asia 
        because of slow and limited procedures, failure to 
        implement effective policies for the region's ``long-
        stayer'' populations, failure to monitor adequately 
        refugee protection and screening programs, particularly 
        along the Thai-Cambodian and Thai-Laotian borders, and 
        the instability of the Orderly Departure Program (ODP) 
        from Vietnam which has served as the only safe, legal 
        means of departure from Vietnam for refugees, including 
        Amerasians and long-held ``reeducation camp'' 
        prisoners;
          (5) the Government of Thailand should be complimented 
        for allowing the United States to process ration card 
        holders in Khao I Dang and potentially qualified 
        immigrants in Site 2 and in Khao I Dang;
          (6) given the serious protection problem in Southeast 
        Asian first asylum countries and the need to preserve 
        first asylum in the region, the United States should 
        continue its commitment to an ongoing, generous 
        admission and protection program for Indochinese 
        refugees, including urgently needed educational 
        programs for refugees along the Thai-Cambodian and 
        Thai-Laotian borders, until the underlying causes of 
        refugee flight are addressed and resolved;
          (7) the executive branch should seek adequate funding 
        levels to meet United States policy objectives to 
        ensure the well-being of Indochinese refugees in first 
        asylum, and to process 29,500 Indochinese refugees 
        within the overall refugee admissions level of 68,000 
        as determined by the President; and
          (8) the Government of Thailand should be complimented 
        for the progress that has been made in implementing an 
        effective antipiracy program.
  (b) Recommendations.--The Congress finds and recommends the 
following with respect to Indochinese refugees:
          (1) The Secretary of State should urge the Government 
        of Thailand to allow full access by highland refugees 
        to the Lao Screening Program, regardless of the method 
        of their arrival or the circumstances of their 
        apprehension, and should intensify its efforts to 
        persuade the Government of Laos to accept the safe 
        return of persons rejected under the Lao Screening 
        Program.
          (2) Refugee protection and monitoring activities 
        should be expanded along the Thai-Laotian border in an 
        effort to identify and report on incidents of refugees 
        forcibly repatriated into Laos.
          (3) The Secretary of State should urge the Government 
        of Thailand to address immediately the problems of 
        protection associated with the Khmer along the Thai-
        Cambodian border. The Government of Thailand, along 
        with appropriate international relief agencies, should 
        develop and implement a plan to provide for greater 
        security and protection for the Khmer at the Thai 
        border.
          (4) The international community should increase its 
        efforts to assure that Indochinese refugee camps are 
        protected, that refugees have access to a free market 
        at Site 2, and that international observers and relief 
        personnel are present on a 24-hour-a-day basis at Site 
        2 and any other camp where it is deemed necessary.
          (5) The Secretary of State should make every effort 
        to identify each person at Site 2 who may qualify for 
        admission to the United States as an immigrant and for 
        humanitarian parole.
          (6) The United Nations High Commissioner for Refugees 
        should be pressed to upgrade staff presence and the 
        level of advocacy to revive the international 
        commitment with regard to the problems facing 
        Indochinese refugees in the region, and to pursue 
        voluntary repatriation possibilities in cases where 
        monitoring is available and the safety of the refugees 
        is assured.
  (c) Allocations of Refugee Admissions.--Given the existing 
connection between ongoing resettlement and the preservation of 
first asylum, the United States and the United Nations High 
Commissioner for Refugees should redouble efforts to assure a 
stable and secure environment for refugees while dialog is 
pursued on other long-range solutions, it is the sense of the 
Senate that--
          (1) within the worldwide refugee admissions ceiling 
        determined by the President, the President should 
        allocate--
                  (A) at least 28,000 admissions from East 
                Asia, first-asylum camps,
                  (B) at least 8,500 admissions for the Orderly 
                Departure Program, for each of the fiscal years 
                1988, 1989, and 1990; and
          (2) within the allocation made by the President for 
        the Orderly Departure Program from Vietnam pursuant to 
        paragraph (1)(B), admissions allocated in a fiscal year 
        under priorities II and III of the program (as defined 
        in the Department of State Bureau for Refugee Programs 
        worldwide processing priorities) and the number of 
        admissions allocated for Amerasians and their immediate 
        family members under priority I, should be generous.
  (d) International Solutions to Refugee Problems.--It is the 
sense of the Congress that--
          (1) renewed international efforts must be taken to 
        address the problem of Indochinese refugees who have 
        lived in camps for 3 years or longer; and
          (2) the Secretary of State should urge the United 
        Nations High Commissioner for Refugees to organize 
        immediately an international conference to address the 
        problems of Indochinese refugees.
  Sec. 803. Reporting Requirement.--The President shall submit 
a report to Congress within 180 days after the date of the 
enactment of this Act on the respective roles of the 
Immigration and Naturalization Service and the Department of 
State in the refugee program with recommendations for improving 
the effectiveness and efficiency of the program.
  Sec. 804.\2\ Findings and Declarations.--The Congress makes 
the following findings and declarations:
---------------------------------------------------------------------------
    \2\ Sec. 804 was also enacted as sec. 905(a), paragraphs (1) 
through (5), of the Foreign Relations Authorization Act, 1988 and 1989 
(Public Law 100-204; 101 Stat. 1404).
---------------------------------------------------------------------------
          (a) Thousands of children in the Socialist Republic 
        of Vietnam were fathered by American civilians and 
        military personnel.
          (b) It has been reported that many of these Amerasian 
        children are ineligible for ration cards and often beg 
        in the streets, peddle black market wares, or 
        prostitute themselves.
          (c) The mothers of Amerasian children in Vietnam are 
        not eligible for government jobs or employment in 
        government enterprises and many are estranged from 
        their families and are destitute.
          (d) Amerasian children and their families have 
        undisputed ties to the United States and are of 
        particular humanitarian concern to the United States.
          (e) The United States has a longstanding and very 
        strong commitment to receive the Amerasian children in 
        Vietnam, if they desire to come to the United States.
          * * * * * * *
    (4) Eligibility Criteria for Admission of Refugees from Cambodia

Partial text of Public Law 95-624 [Department of Justice Appropriation 
Authorization Act, Fiscal Year 1979; S. 3151], 92 Stat. 3459, approved 
                            November 9, 1978

AN ACT To authorize appropriations for the purpose of carrying out the 
 activities of the Department of Justice for fiscal year 1979, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assemble, That this 
Act may be cited as the ``Department of Justice Appropriation 
Authorization Act, Fiscal Year 1979''.
          * * * * * * *
    Sec. 16.\1\ The Attorney General, in consultation with the 
Congress, shall develop special eligibility criteria under the 
current United States parole program for Indochina Refugees 
which would enable a larger number of refugees from Cambodia to 
qualify for admission to the United States.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
          * * * * * * *
               (5) Indochina Refugees--Status Adjustment

Partial text of Public Law 95-145 [H.R. 7769], 91 Stat. 1223, approved 
October 28, 1977; amended by Public Law 96-212 [Refugee Act of 1980, S. 
               643], 94 Stat 102, approved March 17, 1980

AN ACT To authorize the creation of a record of admission for permanent 
   residence in the cases of certain refugees form Vietnam, Laos, or 
 Cambodia, and to amend the Indochina Migration and Refugee Assistance 
Act of 1975 to extend the period during which refugee assistance may be 
                   provided, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

        TITLE I--ADJUSTMENT OF STATUS OF INDOCHINA REFUGEES \1\

    Sec. 101. That (a) the status of any alien described in 
subsection (b) of this section may be adjusted by the Attorney 
General, in his discretion and under such regulations as he may 
prescribe, to that of an alien lawfully admitted for permanent 
residence if--
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
          (1) the alien makes an application for such 
        adjustment within six years after the date of enactment 
        of this title;
          (2) the alien is otherwise eligible to receive an 
        immigrant visa and is otherwise admissible to the 
        United States for permanent residence, except for the 
        grounds for exclusion specified in paragraph (14), 
        (15), (20), (21), (25), and (32) of section 212(a) of 
        the Immigration and Nationality Act; and
          (3) the alien has been physically present in the 
        United States for at least one year.\2\
---------------------------------------------------------------------------
    \2\ Sec. 203(i) of the Refugee Act of 1980 (Public Law 96-212; 94 
Stat. 108) struck out ``two years'' and inserted in lieu thereof ``one 
year''.
---------------------------------------------------------------------------
    (b) The benefits provided by subsection (a) shall apply to 
any alien who is a native or citizen of Vietnam, Laos, or 
Cambodia and who--
          (1) was paroled into the United States as a refugee 
        from those countries under section 212(d)(5) of the 
        Immigration and Nationality Act subsequent to March 31, 
        1975, but prior to January 1, 1979; or
          (2) was inspected and admitted or paroled into the 
        United States on or before March 31, 1975, and was 
        physically present in the United States on March 31, 
        1975.
    Sec. 102. Upon approval of an application for adjustment of 
status under section 101 of this title, the Attorney General 
shall establish a record of the alien's admission for permanent 
residence as of March 31, 1975, or the date of the alien's 
arrival in the United States, whichever date is later.
    Sec. 103. Any alien determined to be eligible for lawful 
admission for permanent residence under this title who acquired 
that status under the provisions of the Immigration and 
Nationality Act prior to the date of enactment of this title 
may, upon application, have his admission for permanent 
residence recorded as of March 31, 1975, or the date of his 
arrival in the United States, whichever date is later.
    Sec. 104. When an alien has been granted the status of 
having been lawfully admitted to the United States for 
permanent residence pursuant to this title, his spouse and 
children, regardless of nationality, may also be granted such 
status by the Attorney General, in his discretion and under 
such regulations he may prescribe, if they meet the 
requirements specified in section 101(a) of this title. Upon 
approval of the application, the Attorney General shall create 
a record of the alien's admission for permanent residence as of 
the date of the record of admission of the alien through whom 
such spouse and children derive benefits under this section.
    Sec. 105. Any alien who ordered, assisted, or otherwise 
participated in the persecution of any person because of race, 
religion, or political opinion shall be ineligible for 
permanent residence under any provision of this title.
    Sec. 106. When an alien is granted the status of having 
been lawfully admitted for permanent residence pursuant to the 
provisions of this title the Secretary of State shall not be 
required to reduce the number of visas authorized to be issued 
under the Immigration and Nationality Act, and the Attorney 
General shall not be required to charge the alien any fee.
    Sec. 107. Except as otherwise specifically provided in this 
title, the definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
title. Nothing contained in this title shall be held to repeal, 
amend, alter, modify, effect, or restrict the powers, duties, 
functions, or authority of the Attorney General in the 
administration and enforcement of the Immigration and 
Nationality Act or any other law relating to immigration, 
nationality, and naturalization. The fact that an alien may be 
eligible to be granted the status of having been lawfully 
admitted for permanent residence under this title shall not 
preclude him from seeking such status under any other provision 
of law for which he may be eligible.
          * * * * * * *
  (6) Policy Implementation With Respect to Nationals of the People's 
                           Republic of China

  Executive Order 12711, April 11, 1990, 55 F.R. 13897, 8 U.S.C. 1101 
                                  note

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, the 
Attorney General and the Secretary of State are hereby ordered 
to exercise their authority, including that under the 
Immigration and Nationality Act (8 U.S.C. 1101-1557), as 
follows:
    Section 1. The Attorney General is directed to take any 
steps necessary to defer until January 1, 1994, the enforced 
departure of all nationals of the People's Republic of China 
(PRC) and their dependents who were in the United States on or 
after June 5, 1989, up to and including the date of this order 
(hereinafter ``such PRC nationals'').
    Sec. 2. The Secretary of State and the Attorney General are 
directed to take all steps necessary with respect to such PRC 
nationals (a) to waive through January 1, 1994, the requirement 
of a valid passport and (b) to process and provide necessary 
documents, both within the United States and at U.S. consulates 
overseas, to facilitate travel across the borders of other 
nations and reentry into the United States in the same status 
such PRC nationals had upon departure.
    Sec. 3. The Secretary of State and the Attorney General are 
directed to provide the following protections:
    (a) irrevocable waiver of the 2-year home country residence 
requirement that may be exercised until January 1, 1994, for 
such PRC nationals;
    (b) maintenance of lawful status for purposes of adjustment 
of status or change of nonimmigrant status for such PRC 
nationals who were in lawful status at any time on or after 
June 5, 1989, up to and including the date of this order;
    (c) authorization for employment of such PRC nationals 
through January 1, 1994; and
    (d) notice of expiration of nonimmigrant status (if 
applicable) rather than the institution of deportation 
proceedings, and explanation of options available for such PRC 
nationals eligible for deferral of enforced departure whose 
nonimmigrant status has expired.
    Sec. 4. The Secretary of State and the Attorney General are 
directed to provide for enhanced consideration under the 
immigration laws for individuals from any country who express a 
fear of persecution upon return to their country related to 
that country's policy of forced abortion or coerced 
sterilization, as implemented by the Attorney General's 
regulation effective January 29, 1990.
    Sec. 5. The Attorney General is directed to ensure that the 
Immigration and Naturalization Service finalizes and makes 
public its position on the issue of training for individuals in 
F-1 visa status and on the issue of reinstatement into lawful 
nonimmigrant status of such PRC nationals who have withdrawn 
their applications for asylum.
    Sec. 6. The Departments of Justice and State are directed 
to consider other steps to assist such PRC nationals in their 
efforts to utilize the protections that I have extended 
pursuant to this order.
    Sec. 7. This order shall be effective immediately.
                         d. Former Soviet Union

             (1) Soviet Scientists Immigration Act of 1992

Public Law 102-509 [S. 2201], 106 Stat. 3316, approved October 24, 1992

   AN ACT To authorize the admission to the United States of certain 
scientists of the independent states of the former Soviet Union and the 
Baltic states as employment-based immigrants under the Immigration and 
                            Nationality Act.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Soviet Scientists 
Immigration Act of 1992''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1153 note.
---------------------------------------------------------------------------

SEC. 2.\1\ DEFINITIONS.

    For purposes of this Act--
          (1) the term ``Baltic states'' means the sovereign 
        nations of Latvia, Lithuania, and Estonia;
          (2) the term ``independent states of the former 
        Soviet Union'' means the sovereign nations of Armenia, 
        Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, 
        Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and 
        Uzbekistan; and
          (3) the term ``eligible independent states and Baltic 
        scientists'' means aliens--
                  (A) who are nationals of any of the 
                independent states of the former Soviet Union 
                or the Baltic states; and
                  (B) who are scientists or engineers who have 
                expertise in nuclear, chemical, biological or 
                other high technology fields or who are working 
                on nuclear, chemical, biological or other high-
                technology defense projects, as defined by the 
                Attorney General.

SEC. 3.\1\ WAIVER OF JOB OFFER REQUIREMENT.

    The requirement in section 203(b)(2)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(2)(A)) that an alien's 
services in the sciences, arts, or business be sought by an 
employer in the United States shall not apply to any eligible 
independent states or Baltic scientist who is applying for 
admission to the United States for permanent residence in 
accordance with that section.

SEC. 4.\1\ CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING 
                    EXCEPTIONAL ABILITY.

    (a) In General.--The Attorney General shall designate a 
class of eligible independent states and Baltic scientists, 
based on their level of expertise, as aliens who possess 
``exceptional ability in the sciences'', for purposes of 
section 203(b)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(2)(A)), whether or not such scientists possess 
advanced degrees.
    (b) Regulations.--The Attorney General shall prescribe 
regulations to carry out subsection (a).
    (c) Limitation.--Not more than 750 eligible independent 
states and Baltic scientists (excluding spouses and children if 
accompanying or following to join) within the class designated 
under subsection (a) may be allotted visas under section 
203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(2)(A)).
    (d) Termination.--The authority of subsection (a) shall 
terminate 4 years after the date of enactment of this Act.
      (2) Adjustment of Status for Soviet and Indochinese Parolees

    Partial text of Public Law 101-167 [H.R. 3743], 103 Stat. 1195, 
  approved November 21, 1989; amended by Public Law 101-513 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; Public Law 
  101-649 [Immigration Act of 1990; S. 358], 104 Stat. 4978, approved 
  November 29, 1990; Public Law 102-232 [Miscellaneous and Technical 
  Immigration and Naturalization Amendments of 1991; H.R. 3049], 105 
  Stat. 1733, approved December 12, 1991; Public Law 102-391 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1993; H.R. 5368], 106 Stat. 1633, approved October 6, 1992; Public Law 
   102-511 [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved 
 October 24, 1992; Public Law 103-236 [Foreign Relations Authorization 
 Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
    April 30, 1994; Public Law 103-416 [Immigration and Nationality 
Technical Corrections Act of 1994; H.R. 783], 108 Stat. 4305, approved 
   October 25, 1994; Public Law 104-208 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1997; sec. 101(c) 
 of title I of the Omnibus Consolidated Appropriations Act, 1997; H.R. 
3610], 110 Stat. 3009, approved September 30, 1996; Public Law 104-319 
 [Human Rights, Refugee, and Other Foreign Relations Provisions Act of 
1996; H.R. 4036], 110 Stat. 3864, approved October 19, 1996; Public Law 
  105-118 [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998; H.R. 2159], 111 Stat. 2386, approved November 
 26, 1997; Public Law 105-277 [Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(division A, sec. 101(f)); H.R. 4328], 112 Stat. 2681, approved October 
 21, 1998; Public Law 106-113 [Department of Health and Human Services 
 Appropriations Act, 2000; title II of H.R. 3424, enacted by reference 
 in sec. 1000(a)(4) of Consolidated Appropriations Act for Fiscal Year 
 2000; H.R. 3194], 113 Stat. 1501, approved November 29, 1999; and by 
 Public Law 106-554 [Departments of Labor, Health and Human Services, 
  and Education, and Related Agencies Appropriations Act, 2001; H.R. 
 5656, introduced on December 14, 2000, as enacted in sec. 1(a)(1) of 
 the Consolidated Appropriations Act for Fiscal Year 2001; H.R. 4577], 
               114 Stat. 2763, approved December 21, 2000

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1990, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1990, and for other purposes, namely:
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

    adjustment of status for certain soviet and indochinese parolees

    Sec. 599E.\1\ (a) In General.--The Attorney General shall 
adjust the status of an alien described in subsection (b) to 
that of an alien lawfully admitted for permanent residence if 
the alien--
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
          (1) applies for such adjustment,
          (2) has been physically present in the United States 
        for at least 1 year and is physically present in the 
        United States on the date the application for such 
        adjustment is filed,
          (3) is admissible to the United States as an 
        immigrant, except as provided in subsection (c), and
          (4) pays a fee (determined by the Attorney General) 
        for the processing of such application.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided in subsection (a) shall only apply to an alien who--
          (1) was a national of an independent state of the 
        former Soviet Union, Estonia, Latvia, Lithuania,\2\ 
        Vietnam, Laos, or Cambodia, and
---------------------------------------------------------------------------
    \2\ Sec. 582(b)(2) of Public Law 102-391 (106 Stat. 1686) struck 
out ``of the Soviet Union,'' and inserted in lieu thereof ``of an 
independent state of the former Soviet Union, Estonia, Latvia, 
Lithuania,''. Sec. 905(b)(2) of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) made the same amendment.
---------------------------------------------------------------------------
          (2) was inspected and granted parole into the United 
        States during the period beginning on August 15, 1988, 
        and ending on September 30, 2001,\3\ after being denied 
        refugee status.
---------------------------------------------------------------------------
    \3\ Sec. 598(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2063), struck out ``September 30, 1990'' at this point and 
inserted in lieu thereof ``September 30, 1992''. Subsequently, sec. 
582(a)(2) of Public Law 102-391 (106 Stat. 1686) extended the date to 
September 30, 1994. Sec. 512(2) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466) 
further extended this date to September 30, 1996. Sec. 575(2) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (sec. 101(c) of title I of the Omnibus 
Consolidated Appropriations Act, 1997; Public Law 104-208; 110 Stat. 
3009) further extended the date to September 30, 1997. Sec. 101(2) of 
Public Law 104-319 (110 Stat. 3864) made the same amendment as Public 
Law 104-208. Sec. 574(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2432) extended the date to September 30, 1998. Sec. 705(2) of the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act, 1999 (division A, sec. 101(f), of 
Public Law 105-277; 112 Stat. 2681) extended this date to September 30, 
1999. Sec. 214(2) of the Department of Health and Human Services 
Appropriations Act, 2000 (H.R. 3424, enacted by reference in sec. 
1000(a)(4) of Public Law 106-113; 113 Stat. 1535), extended this date 
to September 30, 2000. Sec. 212(2) of the Departments of Labor, Health 
and Human Services, Education, and Related Agencies Appropriations Act, 
2001 (H.R. 5657, introduced on December 14, 2000, as enacted in sec. 
1(a)(1) of Public Law 106-554; 114 Stat. 2763), extended the date to 
September 30, 2001.
---------------------------------------------------------------------------
    (c) Waiver of Certain Grounds for Inadmissibility.--The 
provisions of paragraphs (4), (5), and (7)(A) \4\ of section 
212(a) of the Immigration and Nationality Act shall not apply 
to adjustment of status under this section and the Attorney 
General may waive any other provision of such section (other 
than paragraph (2)(C) or subparagraph \5\ (A), (B), (C), or (E) 
of paragraph (3)) \6\ with respect to such an adjustment for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest.
---------------------------------------------------------------------------
    \4\ Sec. 603(a)(22) of Public Law 101-649 (104 Stat. 5084) struck 
out ``(14), (15), (20), (21), (25), (28) (other than subparagraph (F)), 
and (32)'' and inserted in lieu thereof ``(4), (5), and (7)(A)''.
    \5\ Sec. 219(bb) of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4319) struck out 
``and subparagraphs'' and inserted in lieu thereof ``or subparagraph''.
    \6\ Sec. 307(l)(9) of Public Law 102-232 (105 Stat. 1757) struck 
out ``(23)(B), (27), (29), or (33)'' and inserted in lieu thereof 
``(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)''.
---------------------------------------------------------------------------
    (d) Date of Approval.--Upon the approval of such an 
application for adjustment of status, the Attorney General 
shall create a record of the alien's admission as a lawful 
permanent resident as of the date of the alien's inspection and 
parole described in subsection (b)(2).
    (e) No Offset in Number of Visas Available.--When an alien 
is granted the status of having been lawfully admitted for 
permanent residence under this section, the Secretary of State 
shall not be required to reduce the number of immigrant visas 
authorized to be issued under the Immigration and Nationality 
Act.
      11. Recognition by the United States of Foreign Governments

  Senate Resolution 205, 91st Congress, Report No. 91-338, agreed to 
                           September 25, 1969

 RESOLUTION To set forth as an expression of the sense of the Senate a 
   basic principle regarding the recognition by the United States of 
                          foreign governments.

Whereas official statements over the last fifty years 
    concerning the policy of the United States in granting or 
    withholding recognition of a foreign government have given 
    rise to uncertainty as to whether United States recognition 
    of a foreign government implies approval of such a 
    government; and
Whereas recognition by the United States of foreign governments 
    has been interpreted by many Americans and by many 
    foreigners as implying United States approval of those 
    foreign governments; and
Whereas such uncertainty adversely affects the interests of the 
    United States in its relations with foreign nations: Now, 
    therefore, be it

    Resolved, That it is the sense of the Senate that when the 
United States recognizes a foreign government and exchanges 
diplomatic representatives with it, this does not of itself 
imply that the United States approves of the form, ideology, or 
policy of that foreign government.
                      12. The Asia Foundation Act

 Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1038, 
   approved November 22, 1983; amended by Public Law 99-93 [Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 
   Stat. 405, approved August 16, 1985; Public Law 100-204 [Foreign 
 Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 
  101 Stat. 1331, approved December 1987; Public Law 101-246 [Foreign 
 Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 
 104 Stat. 15, approved February 16, 1990; Public Law 105-277 [Foreign 
 Relations Authorization Act, Fiscal Years 1998 and 1999; H.R. 4328], 
 112 Stat. 2681, approved October 21, 1998; and by Public Law 106-113 
[Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
  Act, Fiscal Years 2000 and 2001, H.R. 3427, enacted by reference in 
 sec. 1000(a)(7) of H.R. 3194], 113 Stat. 1501, approved November 29, 
                                  1999

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                     TITLE IV--THE ASIA FOUNDATION

                              short title

    Sec. 401. This title may be cited as ``The Asia Foundation 
Act''.

                                findings

    Sec. 402.\1\ The Congress finds that--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4401.
---------------------------------------------------------------------------
          (1) The Asia Foundation, a private nonprofit 
        corporation incorporated in 1954 in the State of 
        California, has long been active in promoting Asian-
        American friendship and cooperation and in lending 
        encouragement and assistance to Asians in their own 
        efforts to develop more open, more just, and more 
        democratic societies;
          (2) The Asia Foundation's commitment to strengthening 
        indigenous Asian institutions which further stable 
        national development, constructive social change, 
        equitable economic growth, and cooperative 
        international relationships is fully consistent with 
        and supportive of long-term United States interests in 
        Asia;
          (3) The Asia Foundation, as a private organization, 
        is able to conduct programs in response to Asian 
        initiatives that would be difficult or impossible for 
        an official United States instrumentality, and it is in 
        a position in Asia to respond quickly and flexibly to 
        meet new opportunities;
          (4) in recognition of the valuable contributions of 
        The Asia Foundation to long-range United States foreign 
        policy interests, the United States Government has, 
        through a variety of agencies, provided financial 
        support for The Asia Foundation; and
          (5) it is in the interest of the United States, and 
        the further strengthening of Asian-American friendship 
        and cooperation, to establish a more permanent 
        mechanism for United States Government financial 
        support for the ongoing activities of The Asia 
        Foundation, while preserving the independent character 
        of the Foundation.

                     grants to the asia foundation

    Sec. 403.\2\ (a) The Secretary of State shall make an 
annual grant to The Asia Foundation with the funds made 
available under section 404. Such grants shall be in general 
support of the Foundation's programs and operations. The terms 
and conditions of grants pursuant to this section shall be set 
forth in a grant agreement between the Secretary of State and 
The Asia Foundation.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4402.
---------------------------------------------------------------------------
    (b) If funds made available to The Asia Foundation pursuant 
to this title or pursuant to any other provision of law are, 
with the permission of the head of the Federal agency making 
the funds available, invested by the Foundation or any of its 
subgrantees pending disbursement, the resulting interest is not 
required to be deposited in the United States Treasury if that 
interest is used for the purposes for which the funds were made 
available.

                                funding

    Sec. 404.\3\ Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary of State 
$15,000,000 for each of the fiscal years 2000 and 2001 for 
grants to The Asia Foundation pursuant to this title.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 4403. Sec. 105 of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), provided the current text of this section.
    The authorization for each of fiscal years 1986 and 1987 was 
$10,500,000; fiscal year 1988--$13,700,000; fiscal year 1989--
$15,000,000; fiscal year 1990--13,900,000 and fiscal year 1991--
$18,000,000 (Public Law 101-246); fiscal year 1992--$16,000,000 and 
fiscal year 1993--$18,000,000 (Public Law 102-138); and fiscal years 
1998 and 1999--$10,000,000 (Public Law 105-277).
    For fiscal years 1990 and 1991, this section also provided that:
    ``(b) Allocation of Funds.--Of amounts authorized to be 
appropriated under subsection (a), $1,324,000 for the fiscal year 1990 
and $1,324,000 for the fiscal year 1991 shall be available only for the 
expansion of programs and services (including the establishment of a 
field office) for Oceania, comprised of Polynesia, Micronesia, and 
Melanesia.''.
    Sec. 1102 of the Foreign Relations Authorization Act, Fiscal Years 
1990 and 1991 (Public Law 101-246; 104 Stat. 90) waived sec. 404(b), as 
amended by sec. 501 of that Act, for fiscal years 1990 and 1991, 
effective on date of enactment of this Act (February 16, 1990).
    The Department of State and Related Agency Appropriations Act, 2001 
(H.R. 5548, enacted by reference in sec. 1(a) of Public Law 106-553; 
114 Stat. 2672), provided the following:
---------------------------------------------------------------------------

                    ``Payment to the Asia Foundation
---------------------------------------------------------------------------
    ``For a grant to the Asia Foundation, as authorized by section 501 
of Public Law 101-246, $9,250,000, to remain available until expended, 
as authorized.''.
=======================================================================



 
     E. INFORMATION AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

                                CONTENTS

                                                                   Page

 1. United States Information and Educational Exchange Act and 
    Related Materials
      a. United States Information and Educational Exchange Act 
          of 1948, as amended (Public Law 80-402)................  1219
      b. Voice of America--Availability of Africa Material(Public 
          Law 106-309) (partial text)............................  1250
      c. United States Informational, Educational, and Cultural 
          Programs Authorization, Fiscal Years 2000 and 2001 
          (Public Law 106-113) (partial text)....................  1252
      d. United States Informational, Educational, and Cultural 
          Programs Authorization, Fiscal Years 1998 and 1999 
          (Public Law 105-277) (partial text)....................  1258
      e. Human Rights, Refugee, and Other Foreign Relations 
          Provisions Act of 1996 (Public Law 104-319) (partial 
          text)..................................................  1263
      f. United States Information Agency Authorization, Fiscal 
          Years 1994 and 1995 (Public Law 103-236) (partial text)  1266
      g. United States Information Agency Authorization, Fiscal 
          Years 1992 and 1993 (Public Law 102-138) (partial text)  1279
      h. United States Information Agency Authorization, Fiscal 
          Years 1990 and 1991 (Public Law 101-246) (partial text)  1291
      i. United States Information Agency Authorization, Fiscal 
          Years 1988 and 1989 (Public Law 100-204) (partial text)  1299
      j. United States Information Agency Authorization, Fiscal 
          Years 1986 and 1987 (Public Law 99-93) (partial text)..  1309
      k. United States Information Agency Authorization Act, 
          Fiscal Years 1984 and 1985 (Public Law 98-164) (partial 
          text)..................................................  1312
      l. United States Information Agency Authorization Act, 
          Fiscal Years 1982 and 1983 (Public Law 97-241) (partial 
          text)..................................................  1317
      m. International Communication Agency Authorization Act, 
          Fiscal Years 1980 and 1981 (Public Law 96-60) (partial 
          text)..................................................  1321
      n. International Communication Agency Authorization for 
          Fiscal Year 1979 (Public Law 95-426) (partial text)....  1323
      o. United States Information Agency Authorization for 
          Fiscal Year 1978 (Public Law 95-105) (partial text)....  1326
      p. United States Information Agency Authorization for 
          Fiscal Year 1977 (Public Law 94-350) (partial text)....  1328
      q. United States Informational, Educational, and Cultural 
          Programs Appropriations................................  1330
            (1) United States Informational, Educational, and 
                Cultural Programs Appropriations, 2001 (Public 
                Law 106-553) (partial text)......................  1330
            (2) United States Informational, Educational, and 
                Cultural Programs--Supplemental Appropriations, 
                2001 (Public Law 106-554) (partial text).........  1330
      r. Au Pair Provisions......................................  1338
            (1) Extension of Au Pair Program (Public Law 104-72).  1338
            (2) Miscellaneous International Affairs 
                Authorizations Act of 1988 (title III, S. 2757)..  1339
      s. USIA Distribution of Materials--``Windows on America'' 
          (Public Law 105-373)...................................  1340
      t. Reorganization Plan No. 8 of 1953.......................  1341
      u. Reorganization Plan No. 2 of 1977.......................  1342
      v. Coordination of U.S. Government International Exchange 
          and Training Programs (Executive Order 13055)..........  1347
      w. International Communications Agency (United States 
          Information Agency) (Executive Order 12048)............  1349
      x. Authority of Director, United States Information Agency 
          (Executive Order 10477)................................  1351
 2. Mutual Educational and Cultural Exchange Act and Related 
    Materials
      a. Mutual Educational and Cultural Exchange Act of 1961, as 
          amended (Fulbright-Hays Act) (Public Law 87-256).......  1353
      b. International Academic Opportunity Act of 2000 (Public 
          Law 106-309) (partial text)............................  1372
      c. Russian Leadership Development (Public Law 106-554) 
          (partial text).........................................  1374
      d. Russian Leadership Program (Public Law 106-31) (partial 
          text)..................................................  1377
      e. Exchange Program with Countries in Transition from 
          Totalitarianism to Democracy (Public Law 101-610) 
          (partial text).........................................  1381
      f. Administration of the Mutual Educational and Cultural 
          Exchange Act of 1961 (Executive Order 11034)...........  1383
 3. Vietnam Education Foundation Act of 2000 (Public Law 106-554) 
    (partial text)...............................................  1388
 4. Irish Peace Process Cultural and Training Program Act of 1998 
    (Public Law 105-319) (partial text)..........................  1393
 5. Caribbean and Central America Scholarship Assistance (Public 
    Law 101-382) (partial text)..................................  1395
 6. United States Scholarship Program for Developing Countries 
    Authorization, Fiscal Years 1986 and 1987 (Public Law 99-93) 
    (partial text)...............................................  1398
 7. National Endowment for Democracy Act (Public Law 98-164) 
    (partial text)...............................................  1405
 8. Fascell Fellowship Act (Public Law 99-399) (partial text)....  1412
 9. Soviet, Former Soviet, Eastern European Education and 
    Training Programs
      a. FREEDOM Support Act (Title VIII of Public Law 102-511) 
          (partial text).........................................  1416
      b. Soviet-Eastern Europe Educational Exchange Programs in 
          the Foreign Relations Authorization Act, Fiscal Years 
          1992 and 1993 (Public Law 102-138) (partial text)......  1419
      c. Eisenhower Exchange Fellowship Act (Public Law 101-454).  1424
      d. Research and Training for Eastern Europe and the 
          Independent States of the Former Soviet Union Act of 
          1983 (Public Law 98-164) (partial text)................  1428
10. United States--India Programs
      a. United States-India Fund for Cultural, Educational, and 
          Scientific Cooperation Act (Public Law 98-164) (partial 
          text)..................................................  1434
      b. Delegation Concerning the United States-India Fund for 
          Cultural, Educational and Scientific Cooperation 
          (Executive Order 12517)................................  1436
11. Dante B. Fascell North-South Center Act of 1991 (Public Law 
    102-138) (partial text)......................................  1437
12. Center for Cultural and Technical Interchange Between East 
    and West Act of 1960 (Public Law 86-472) (partial text)......  1439
13. Japan-United States Friendship Act (Public Law 94-118).......  1442
14. Exchange of Materials and Objects
      a. International Circulation of Visual and Auditory 
          Materials (Public Law 89-634 (partial text)............  1449
      b. Carrying Out Provisions of the Beirut Agreement of 1949 
          (Executive Order 11311)................................  1451
      c. Exemption from Judicial Seizure of Cultural Objects 
          Imported for Temporary Display.........................  1452
            (1) Public Law 89-259................................  1452
            (2) Imported Articles of Cultural Significance 
                (Executive Order 12047)..........................  1453
15. Convention on Cultural Property Implementation Act (Public 
    Law 97-446) (partial text)...................................  1455
16. United States Recognition and Participation in International 
    Expositions (Public Law 91-269)..............................  1471
17. International Broadcasting
      a. United States International Broadcasting Act of 1994 
          (Public Law 103-236) (partial text)....................  1475
      b. Voice of America--Availability of Certain Materials 
          (Public Law 106-309) (partial text)....................  1491
      c. Board for International Broadcasting Authorization, 
          Fiscal Years 2000 and 2001 (Public Law 106-113) 
          (partial text).........................................  1493
      d. Board for International Broadcasting Authorization, 
          Fiscal Years 1998 and 1999 (Public Law 105-277) 
          (partial text).........................................  1495
      e. Board for International Broadcasting Authorization, 
          Fiscal Years 1992 and 1993 (Public Law 102-138) 
          (partial text).........................................  1503
      f. Board for International Broadcasting Authorization, 
          Fiscal Years 1990 and 1991 (Public Law 101-246) 
          (partial text).........................................  1508
      g. Board for International Broadcasting Authorization, 
          Fiscal Years 1988 and 1989 (Public Law 100-204) 
          (partial text).........................................  1509
      h. Board for International Broadcasting Authorization, 
          Fiscal Years 1986 and 1987 (Public Law 99-93) (partial 
          text)..................................................  1510
      i. Board for International Broadcasting Authorization Act, 
          Fiscal Years 1984 and 1985 (Public Law 98-164) (partial 
          text)..................................................  1513
      j. Board for International Broadcasting Authorization Act, 
          Fiscal Years 1982 and 1983 (Public Law 97-241) (partial 
          text)..................................................  1515
      k. International Broadcasting Operations Appropriations....  1516
            (1) International Broadcasting Operations 
                Appropriations, 2001 (Public Law 106-553) 
                (partial text)...................................  1516
            (2) International Broadcasting Operations 
                Miscellaneous Appropriations, 2001 (Public Law 
                106-554) (partial text)..........................  1518
18. Radio Free Asia Act of 1998 (Public Law 105-261) (partial 
    text)........................................................  1519
19. Broadcasting to Cuba
      a. Television Broadcasting to Cuba Act (Public Law 101-246) 
          (partial text).........................................  1521
      b. Radio Broadcasting to Cuba Act (Public Law 98-111)......  1528
      c. Establishing Advisory Panel on Radio Marti and TV Marti 
          (Public Law 103-121) (partial text)....................  1536
20. Establishing a Commission on Security and Cooperation in 
    Europe (Public Law 94-304)...................................  1538
=======================================================================

 1. United States Information and Educational Exchange Act and Related 
                               Materials

 a. United States Information and Educational Exchange Act of 1948, as 
                                amended

                                CONTENTS

                                                                   Page

Title I--Short Title, Objectives, and Definitions................  1222
    Section 1--Short Title.......................................  1222
    Section 2--Objectives........................................  1222
    Section 3--United Nations....................................  1222
    Section 4--Definitions.......................................  1222
Title II--Interchange of Persons, Knowledge, and Skills..........  1223
    Section 202--Books and Materials.............................  1223
    Section 203--Institutions....................................  1223
Title III--Assignment of Specialists.............................  1224
    Section 301--Persons To Be Assigned..........................  1224
    Section 302--Status and Allowances...........................  1224
    Section 303--Acceptance of Office Under Another Government...  1225
Title IV--Participation by Government Agencies...................  1225
    Section 401--General Authority...............................  1225
    Section 402--Technical and Other Services....................  1226
    Section 403--Policy Governing Services.......................  1226
Title V--Disseminating Information About the United States Abroad  1227
    Section 501--General Authorization...........................  1227
    Section 502--Policies Governing Information Activities.......  1229
    Section 504--Voice of America/Europe.........................  1230
    Section 505--USIA Satellite and Television...................  1230
    Section 506--Voice of America Hiring Practices...............  1231
Title VI--Advisory Commissions To Formulate Policies.............  1232
    Section 601--Advisory Commissions to Formulate Policies......  1232
    Section 602--Membership of the Commission: General Provisions  1233
    Section 603--Recommendations and Reports.....................  1233
    Section 604--United States Advisory Commission on Public 
      Diplomacy..................................................  1234
Title VII--Appropriations........................................  1236
    Section 702--Transfer of Funds...............................  1236
    Section 703--Authorization for Grants to Radio Free Europe 
      and Radio Liberty..........................................  1236
    Section 705--Notification of Reprogrammings and Grants.......  1236
Title VIII--Administrative Procedures............................  1237
    Section 801--The Director....................................  1237
    Section 802--Government Agencies.............................  1238
    Section 803--Maximum Use of Existing Government Property and 
      Facilities.................................................  1239
    Section 804--Basic Authority.................................  1240
    Section 805--Travel Expenses.................................  1242
    Section 806--Replacement of Passenger Motor Vehicles.........  1242
    Section 809--Compensation for Disability or Death............  1242
    Section 810--Use of English-Teaching Program Fees............  1243
    Section 812--USIA Posts and Personnel Overseas...............  1243
Title IX--Funds Provided by Other Sources........................  1244
    Section 901--Reimbursement...................................  1244
    Section 902--Advance of Funds................................  1244
Title X--Miscellaneous...........................................  1244
    Section 1002--Delegation of Authority........................  1245
    Section 1003--Restricted Information.........................  1245
    Section 1004--Repeal of Act of May 25, 1938, as amended......  1245
    Section 1005--Utilization of Private Agencies................  1245
    Section 1006--Termination Pursuant to Concurrent Resolution 
      of Congress................................................  1245
    Section 1007--Veterans' Preference Act.......................  1246
    Section 1010--Separability of Provisions.....................  1246
    Section 1011--Informational Media Guaranties.................  1246
    Section 1012--National Security Measures.....................  1248
 a. United States Information and Educational Exchange Act of 1948, as 
                                amended

 Public Law 80-402 [H.R. 3342], 62 Stat. 6, approved January 27, 1948; 
as amended by Public Law 82-298 [S. 2077], 66 Stat. 43, approved April 
   5, 1952; Public Law 82-414 [Immigration and Nationality Act, H.R. 
5678], 66 Stat. 276, approved June 27, 1952; Public Law 83-665 [Mutual 
  Security Act of 1954, H.R. 9678], 68 Stat. 862, approved August 26, 
1954; Public Law 84-555 [S. 2562], 70 Stat. 241, approved June 4, 1956; 
 Public Law 84-726 [Mutual Security Act of 1956, H.R. 11356], 70 Stat. 
 555, approved July 18, 1956; Public Law 85-477 [H.R. 12181], 72 Stat. 
 261, approved June 30, 1958; Public Law 87-139 [H.R. 3279], 75 Stat. 
 339, approved August 14, 1961; Public Law 87-256 [Mutual Educational 
 and Cultural Exchange Act of 1961, H.R. 8666], 75 Stat. 527, approved 
September 21, 1961; Public Law 92-226 [Foreign Assistance Act of 1971, 
S. 2819], 86 Stat. 20, approved February 7, 1972; Public Law 92-264 [S. 
18], 86 Stat. 114, approved March 30, 1972; Public Law 92-352 [Foreign 
    Relations Authorization Act of 1972, H.R. 14734], 86 Stat. 489, 
  approved July 13, 1972; Public Law 92-394 [S. 3645], 86 Stat. 577, 
  approved August 20, 1972; Public Law 93-59 [S. 1972], 87 Stat. 142, 
     approved July 6, 1973; Public Law 93-168 [USIA Appropriations 
 Authorization Act of 1973, S. 2681], 87 Stat. 688, approved November 
29, 1973; Public Law 93-475 [USIA Authorization Act, Fiscal Year 1975; 
 S. 3473], 88 Stat. 1439, approved October 26, 1974; Public Law 94-350 
 [Foreign Relations Authorization Act, Fiscal Year 1977; S. 3168], 90 
Stat. 823, approved July 12, 1976; Public Law 95-426 [Foreign Relations 
Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 974, 
approved October 7, 1978; Public Law 96-60 [International Communication 
 Agency Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363], 93 
     Stat. 395 at 398, approved August 15, 1979; Public Law 96-470 
 [Congressional Reports Elimination Act of 1980, H.R. 6686], 94 Stat. 
2237 at 2240, approved October 19, 1980; Public Law 97-241 [Department 
 of State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 
 Stat. 273, approved August 24, 1982; Public Law 98-164 [Department of 
  State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 
   Stat. 1017, approved November 22, 1983; Public Law 99-93 [Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 
   Stat. 405, approved August 16, 1985; Public Law 100-204 [Foreign 
 Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 
101 Stat. 1331, approved December 22, 1987; Public Law 101-246 [Foreign 
 Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 
 104 Stat. 15, approved February 16, 1990; Public Law 102-138 [Foreign 
 Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 
  105 Stat. 647, approved October 28, 1991; Public Law 102-499 [H.R. 
 6047], 106 Stat. 3264, approved October 24, 1992; Public Law 103-236 
[Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 
2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-415 [H.R. 
 5034], 108 Stat. 4299, approved October 25, 1994; Public Law 105-277 
 [Foreign Affairs Agencies Consolidation Act of 1998, subdivision A of 
  division G; H.R. 4328], 112 Stat. 2681, approved October 21, 1998; 
 Public Law 105-277 [Foreign Relations Authorization Act, Fiscal Years 
1998 and 1999, subdivision B of division G; H.R. 4328], 112 Stat. 2681, 
 approved October 21, 1998; Public Law 106-113 [Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001, H.R. 3427, enacted by reference; H.R. 3427], 113 Stat. 1536, 
 approved November 29, 1999; and by Public Law 107-77 [Departments of 
   Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2002; H.R. 2500], 115 Stat. 748, approved November 
                                28, 2001

 AN ACT To promote the better understanding of the United States among 
 the peoples of the world and to strengthen cooperative international 
                               relations.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

           TITLE I--SHORT TITLE, OBJECTIVES, AND DEFINITIONS

                              short title

    Section 1. This Act may be cited as the ``United States 
Information and Educational Exchange Act of 1948''.\1\
---------------------------------------------------------------------------
    \1\ Popularly referred to as the Smith-Mundt Act. See, however, the 
Foreign Affairs Reform and Restructuring Act of 1998 (division G of 
Public Law 105-277; 112 Stat. 2681-762), particularly title XVI 
relating to the transition toward consolidating foreign relations 
agencies and under the Department of State.
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                               objectives

    Sec. 2.\2\ The Congress hereby declares that the objectives 
of this Act are to enable the Government of the United States 
to promote a better understanding of the United States in other 
countries, and to increase mutual understanding between the 
people of the United States and the people of other countries. 
Among the means to be used in achieving these objectives are--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 1431. In an effort to strengthen the objectives and 
purposes of this Act, sec. 501 of the Foreign Relations Authorization 
Act, Fiscal Year 1978 (91 Stat. 857), called on the President to submit 
a report to Congress by October 31, 1977, containing his 
recommendations for reorganizing the international information, 
education, cultural, and broadcasting activities of the United States. 
Pursuant to such request, the President submitted Reorganization Plan 
No. 2 of 1977 on October 11, 1977, which would establish a new 
International Communication Agency by consolidating the functions of 
the State Department's Bureau of Educational and Cultural Affairs and 
USIA. Such reorganization plan became effective on April 1, 1978.
    Pursuant to the Foreign Affairs Reform and Restructuring Act of 
1998 (division G of Public Law 105-277; 112 Stat. 2681-761), as 
amended, secs. 1 through 6 of the Reorganization Plan No. 2 are 
repealed, and sec. 8 of the Plan is repealed effective September 30, 
2001.
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          (1) an information service to disseminate abroad 
        information about the United States, its people, and 
        policies promulgated by the Congress, the President, 
        the Secretary of State and other responsible officials 
        of Government having to do with matters affecting 
        foreign affairs;
          (2) [Repealed by Public Law 87-256 (75 Stat. 527; 22 
        U.S.C. 1431(a)), approved September 21, 1961.]

                             united nations

    Sec. 3.\3\ In carrying out the objectives of this Act, 
information concerning the participation of the United States 
in the United Nations, its organizations and functions, shall 
be emphasized.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1432.
---------------------------------------------------------------------------

                              definitions

    Sec. 4.\4\ When used in this Act, the term--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 1433.
---------------------------------------------------------------------------
    (1) \5\ ``Secretary'' means the Secretary of State.
---------------------------------------------------------------------------
    \5\ Pursuant to sec. 7 of Reorganization Plan No. 2 of 1977, all 
functions vested in the President, Secretary of State, the Department 
of State, the Director of the United States Information Agency, and the 
United States Information Agency were transferred to the Director of 
the International Communication Agency. As now codified, these 
definitions refer to the ``Director'' and the ``Agency'' rather than 
the ``Secretary'' and the ``Department''.
    Subsequently, sec. 303(b) of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
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    (2) \5\ ``Department'' means the Department of State.
    (3) ``Government agency'' means any executive department, 
board, bureau, commission, or other agency of the Federal 
Government, or independent establishment, or any corporation 
wholly owned (either directly or through one or more 
corporations) by the United States.

         TITLE II--INTERCHANGE OF PERSONS, KNOWLEDGE AND SKILLS

                                persons

    Sec. 201.\6\ * * * [Repealed--1961]
---------------------------------------------------------------------------
    \6\ Sec. 201, which authorized the interchange of persons on a 
reciprocal basis between the United States and other countries, was 
repealed by sec. 111 of Public Law 87-256 (75 Stat. 538).
---------------------------------------------------------------------------

                          books and materials

    Sec. 202.\7\ The Secretary \8\ is authorized to provide for 
interchanges between the United States and other countries of 
books and periodicals, including government publications, for 
the translation of such writings, and for the preparation, 
distribution, and interchange of other educational materials.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 1447.
    \8\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this Act were 
transferred to the Director of the International Communication Agency. 
The codified version of this Act has been changed to reflect this 
transfer of authority.
    Subsequently, sec. 303(b) of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
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                              institutions

    Sec. 203.\9\, \10\ The Secretary \8\ is 
authorized to provide for assistance to schools, libraries, and 
community centers abroad, founded or sponsored by citizens of 
the United States, and serving as demonstration centers for 
methods and practices employed in the United States. In 
assisting any such schools, however, the Secretary \8\ shall 
exercise no control over their educational policies and shall 
in no case furnish assistance of any character which is not in 
keeping with the free democratic principles and the established 
foreign policy of the United States.
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    \9\ 22 U.S.C. 1448. This section has been repealed insofar as it 
related to schools, by Public Law 87-256 (75 Stat. 527).
    \10\ This section was referred to in sec. 104(j) of Public Law 83-
480 (68 Stat. 454), as amended by Public Law 84-962 (70 Stat. 988).
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                  TITLE III--ASSIGNMENT OF SPECIALISTS

                         persons to be assigned

    Sec. 301.\11\ The Director of the United States Information 
Agency \12\ is authorized, when the government of another 
country is desirous of obtaining the services of a person 
having special scientific or other technical or professional 
qualifications, from time to time to assign or authorize the 
assignment for service, to or in cooperation with such 
government, any person \13\ in the employ or service of the 
Government of the United States who has such qualifications, 
with the approval of the Government agency in which such person 
is employed or serving. No person shall be assigned for service 
to or in cooperation with the government of any country unless 
(1) the Director \12\ finds that such assignment is necessary 
in the national interest of the United States, or (2) such 
government agrees to reimburse the United States in an amount 
equal to the compensation, travel expenses, and allowances 
payable to such person during the period of such assignment in 
accordance with the provisions of section 302, or (3) such 
government shall have made an advance of funds, property, or 
services as provided in section 902. Nothing in this Act, 
however, shall authorize the assignment of such personnel for 
service relating to the organization, training, operation, 
development, or combat equipment of the armed forces of a 
foreign government.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 1451.
    \12\ The reference to the Director of the United States Information 
Agency was inserted in lieu of a reference to the Secretary of State by 
sec. 304(a)(2) of Public Law 97-241 (96 Stat. 292). Previously, 
Reorganization Plan No. 2 of 1977, which established the International 
Communication Agency, stated that all functions vested in the Secretary 
of State by this Act were transferred to the Director of the 
International Communication Agency.
    Pursuant to the Foreign Affairs Reform and Restructuring Act of 
1998 (division G of Public Law 105-277; 112 Stat. 2681-761), as 
amended, secs. 1 through 6 of the Reorganization Plan No. 2 are 
repealed, and sec. 8 of the Plan is repealed effective September 30, 
2001.
    \13\ The word ``person'' was inserted in lieu of ``citizen of the 
United States'' by sec. 304(a)(1) of Public Law 97-241 (96 Stat. 292).
---------------------------------------------------------------------------

                         status and allowances

    Sec. 302.\14\ Any person in the employ or service of the 
Government of the United States,\15\ while assigned for service 
to or in cooperation with another government under the 
authority of this Act, shall be considered, for the purpose of 
preserving his rights, allowances, and privileges as such, an 
officer or employee of the Government of the United States and 
of the Government agency from which assigned and he shall 
continue to receive compensation from that agency. He may also 
receive, under such regulations as the President may prescribe, 
representation allowances similar to those allowed under 
section 905 of the Foreign Service Act of 1980.\16\ The 
authorization of such allowances and other benefits and the 
payment thereof out of any appropriations available therefor 
shall be considered as meeting all the requirements of section 
5536 of title 5, United States Code.\17\
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 1452.
    \15\ The words ``person in the employ or service of the Government 
of the United States'' were inserted in lieu of ``citizen of the United 
States'' by sec. 302(a)(1) of Public Law 97-241 (96 Stat. 292).
    \16\ The reference to sec. 905 of the Foreign Service Act of 1980 
was inserted in lieu of a reference to sec. 901(3) of the Foreign 
Service Act of 1946 (60 Stat. 990) by sec. 304(a)(3) of Public Law 97-
241 (96 Stat. 292).
    \17\ The reference to 5 U.S.C. 5536 was inserted in lieu of a 
reference to sec. 1765 of the Revised Statutes by sec. 304(a)(3) of 
Public Law 97-241 (96 Stat. 292).
---------------------------------------------------------------------------

             acceptance of office under another government

    Sec. 303.\18\ Any person in the employ or service of the 
Government of the United States,\15\ while assigned for service 
to or in cooperation with another government under authority of 
this Act may, at the discretion of his Government agency, with 
the concurrence of the Director of the United States 
Information Agency,\12\ and without additional compensation 
therefor, accept an office under the government to which he is 
assigned, if the acceptance of such an office in the opinion of 
such agency is necessary to permit the effective performance of 
duties for which he is assigned, including the making or 
approving on behalf of such foreign government the disbursement 
of funds provided by such government or of receiving from such 
foreign government funds for deposit and disbursement on behalf 
of such government, in carrying out programs undertaken 
pursuant to this Act: Provided, however, That such acceptance 
of office shall in no case involve the taking of an oath of 
allegiance to another government.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 1453.
---------------------------------------------------------------------------

             TITLE IV--PARTICIPATION BY GOVERNMENT AGENCIES

                           general authority

    Sec. 401.\19\ The Secretary \20\ is authorized, in carrying 
on any activity under the authority of this Act, to utilize, 
with the approval of the President, the services, facilities, 
and personnel of the other Government agencies. Whenever the 
Secretary \20\ shall use the services, facilities, or personnel 
of any Government agency for activities under authority of this 
Act, the Secretary \20\ shall pay for such performance out of 
funds available to the Secretary \20\ under this Act, either in 
advance, by reimbursement, or direct transfer. The Secretary 
\20\ shall include in each report submitted to the Congress 
under section 1008 a statement of the services, facilities, and 
personnel of other Government agencies utilized in carrying on 
activities under the authority of this Act, showing the names 
and salaries of the personnel utilized, or performing services 
utilized, during the period covered by such report, and the 
amounts paid to such other agencies under this section as 
payment for such performance.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 1456.
    \20\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this Act were 
transferred to the Director of the International Communication Agency. 
The codified version of this Act has been changed to reflect this 
transfer of authority.
    Subsequently, sec. 303(b) of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
---------------------------------------------------------------------------

                      technical and other services

    Sec. 402.\21\ A Government agency, at the request of the 
Secretary,\20\ may perform such technical or other services as 
such agency may be competent to render for the government of 
another country desirous of obtaining such services, upon terms 
and conditions which are satisfactory to the Secretary \20\ and 
to the head of the Government agency, when it is determined by 
the Secretary \20\ that such services will contribute to the 
purposes of this Act. However, nothing in this Act shall 
authorize the performance of services relating to the 
organization, training, operation, development, or combat 
equipment of the armed forces of a foreign government.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1457.
---------------------------------------------------------------------------

                       policy governing services

    Sec. 403.\22\ In authorizing the performance of technical 
and other services under this title, it is the sense of the 
Congress (1) that the Secretary \20\ shall encourage through 
any appropriate Government agency the performance of such 
services to foreign governments by qualified private American 
individuals and agencies, and shall not enter into the 
performance of such services to any foreign government where 
such services may be performed adequately by qualified private 
American individuals and agencies and such qualified 
individuals and agencies are available for the performance of 
such services; (2) that if such services are rendered by a 
Government agency, they shall demonstrate the technical 
accomplishments of the United States, such services being of an 
advisory, investigative, or instructional nature, or a 
demonstration of a technical process; (3) that such services 
shall not include the construction of public works or the 
supervision of the construction of public works, and that, 
under authority of this Act, a Government agency shall render 
engineering services related to public works only when the 
Secretary \20\ shall determine that the national interest 
demands the rendering of such services by a Government agency, 
but this policy shall not be interpreted to preclude the 
assignment of individual specialists as advisers to other 
governments as provided under title III of this Act, together 
with such incidental assistance as may be necessary for the 
accomplishment of their individual assignments.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 1458.
---------------------------------------------------------------------------

   TITLE V--DISSEMINATING INFORMATION ABOUT THE UNITED STATES ABROAD

                         general authorization

    Sec. 501.\23\ (a) \24\ The Secretary \20\ is authorized, 
when he finds it appropriate, to provide for the preparation, 
and dissemination abroad, of information about the United 
States, its people, and its policies, through press, 
publications, radio, motion pictures, and other information 
media, and through information centers and instructors abroad. 
Subject to subsection (b), any \24\ such information (other 
than ``Problems of Communism'' and the ``English Teaching 
Forum'' \25\ which may be sold by the Government Printing 
Office) shall not be disseminated within the United States, its 
territories, or possessions, but, on request, shall be 
available in the English language at the Department of 
State,\20\ at all reasonable times following its release as 
information abroad, for examination only by representatives of 
United States press associations, newspapers, magazines, radio 
systems, and stations, and by research students and scholars, 
and, on request, shall be made available for examination only 
to Members of Congress.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 1461.
    \24\ Popularly referred to as the Zorinsky amendment. Sec. 202 of 
the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(Public Law 101-246; 104 Stat. 49), added designation ``(a)''; struck 
out ``Any'' at the beginning of the second sentence, and inserted in 
lieu thereof ``Subject to subsection (b), and''; and added a new 
subsection (b).
    Previously, the second sentence of sec. 501 was amended by sec. 204 
of Public Law 92-352 (86 Stat. 493). It formerly read:
    ``Any such press release or radio script, on request, shall be 
available in the English language at the Department of State, at all 
reasonable times following its release as information abroad, for 
examination by representatives of United States press associations, 
newspapers, magazines, radio systems, and stations, and, on request, 
shall be made available to Members of Congress.''.
    See also sec. 202 of the Foreign Relations Authorization Act, 
Fiscal Year 1979 (92 Stat. 972), which provided additional direction 
for the USIA. Entitled ``Mission of the International Communication 
Agency'' (since renamed the United States Information Agency), this 
provision is considered by the USIA as its ``second mandate.''
    \25\ The reference to the ``English Teaching Forum'' was added by 
sec. 208 of the ICA Authorization Act, Fiscal Years 1980 and 1981 
(Public Law 96-60; 93 Stat. 401).
    Sec. 1333(a) of Public Law 105-277 (112 Stat. 2681-785) provided 
the following:
    ``SEC. 1333. APPLICATION OF CERTAIN LAWS.
    ``(a) Application to Functions of Department of State.--Section 501 
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 
1461-1a) shall not apply to public affairs and other information 
dissemination functions of the Secretary of State as carried out prior 
to any transfer of functions pursuant to this subdivision.
    ``(b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 
99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy programs 
of the Director of the United States Information Agency as carried out 
prior to any transfer of functions pursuant to this subdivision to the 
same extent that such programs were covered by these provisions prior 
to such transfer.
    ``(c) Limitation on Use of Funds.--Except as provided in section 
501 of Public Law 80-402 and section 208 of Public Law 99-93, funds 
specifically authorized to be appropriated for such public diplomacy 
programs shall not be used to influence public opinion in the United 
States, and no program material prepared using such funds shall be 
distributed or disseminated in the United States.''.
---------------------------------------------------------------------------
    (b)(1) \24\ The Director of the United States Information 
Agency shall make available to the Archivist of the United 
States, for domestic distribution, motion pictures, films, 
videotapes, and other material prepared for dissemination 
abroad 12 years after the initial dissemination of the material 
abroad or, in the case of such material not disseminated 
abroad, 12 years after the preparation of the material.
    (2) The Director of the United States Information Agency 
shall be reimbursed for any attendant expenses. Any 
reimbursement to the Director pursuant to this subsection shall 
be credited to the applicable appropriation of the United 
States Information Agency.
    (3) The Archivist shall be the official custodian of the 
material and shall issue necessary regulations to ensure that 
persons seeking its release in the United States have secured 
and paid for necessary United States rights and licenses and 
that all costs associated with the provision of the material by 
the Archivist shall be paid by the persons seeking its release. 
The Archivist may charge fees to recover such costs, in 
accordance with section 2116(c) of title 44, United States 
Code. Such fees shall be paid into, administered, and expended 
as part of the National Archives Trust Fund.

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Note.--Notwithstanding the second sentence of section 501 [and after 1985, also notwithstanding sec.
                          208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 [22 U.S.C. 1461-1(a)]],
                          certain films and artistic works have received Congressional authorization for distribution within the
                          United States. The films or artistic works and the legislation which authorized their distribution
                          include the following:
                           a. ``Echoes''--Public Law 94-350 [S. 3168], 90 Stat. 823, approved July 12, 1976.
                           b. ``Santa Fe''--Public Law 94-350 [S.3168, 90 Stat. 823], approved July 12, 1976.
                           c. ``The Numbers Start With the River''--Public Law 94-350 [S. 3168, 90 Stat. 823], approved July 12,
                          1976.
                           d. ``The Copland Portrait''--Public Law 94-350 [S. 3168, 90 Stat. 823], approved July 12, 1976.
                           e. ``200''--Public Law 94-350 [S. 3168, 90 Stat. 823], approved July 12, 1976.
                           f. ``Rendezvous''--Public Law 94-350 [S. 3168, 90 Stat. 823], approved July 12, 1976.
                           g. ``Century III--The Gift of Life''--Public Law 94-350 [S. 3168, 90 Stat. 823], approved July 12,
                          1976.
                           h. ``Life, Liberty, and the Pursuit of Happiness'' exhibit--Public Law 94-350 [S. 3168, 90 Stat.
                          823], approved July 12, 1976.
                           i. ``Hirshhorn Museum and Sculpture Garden''--Sec. 204, Public Law 95-105 [H.R. 6689], 91 Stat. 844
                          at 849, approved August 17, 1977.
                           j.  ``Man  in  the  Environment''--Sec.  204,  Public  Law 95-105 [H.R. 6689], 91 Stat. 844 and 849,
                          approved August 17, 1977.
                           k. ``Young Filmmakers Bicentennial Film Series'' films--Sec. 204, Public Law 95-105 [H.R. 6689], 91
                          Stat. 844 at 849, approved August 17, 1977.
                           l. ``The Right to Dignity''--Sec. 207, Public Law 95-426 [H.R. 12598], 92 Stat. 963 at 972, approved
                          October 7, 1978.
                           m. ``Margaret Mead--Reflections''--Sec. 206, Public Law 96-60 [H.R. 3363], 93 Stat. 395 at 398,
                          approved August 15, 1979.
                           n. ``Aspen''--Sec. 207, Public Law 96-60 [H.R. 3363], 93 Stat. 395 at 398, approved August 15, 1979.
                           o. ``Let Poland Be Poland''--Public Law 97-146 [H.J. Res. 382], 96 Stat. 3, approved January 30,
                          1982.
                           p. ``Montana: The People Speak'' slide show--Public Law 97-159 [S. 2166], 96 Stat. 20, approved March
                          24, 1982.
                           q. ``Reflections: Samuel Eliott Morison''--Sec. 306, Public Law 97-241 [S. 1193], 96 Stat. 273 at
                          291, approved August 24, 1982.
                           r. ``And Now Miguel''--Sec. 306, Public Law 97-241 [S. 1193], 96 Stat. 273 at 291, approved August
                          24, 1982.
                           s. ``In Their Own Words''--Sec. 306, Public Law 97-241 [S. 1193], 96 Stat. 273 at 291, approved
                          August 24, 1982.
                           t. ``Dumas Malone: A Journey with Mr. Jefferson''--Public Law 97-388 [S. 3073], 96 Stat. 1948,
                          approved December 23, 1982.
                           u. ``Thanksgiving in Peshawar''--Sec. 216, Public Law 98-164 [H.R. 2915], 97 Stat. 1017, approved
                          November 22, 1983.
                           v. ``Hal David: Expressing a Feeling''--Sec. 212, Public Law 99-93 [H.R. 2068], 99 Stat. 405,
                          approved August 16, 1985.
                           w. ``Afghanistan 1982; the Struggle for Freedom Continues''--Sec. 213, Public Law 99-93 [H.R. 2068],
                          99 Stat. 405, approved August 16, 1985.
                           x. ``We are Afghanistan''--Sec. 213, Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved August 16,
                          1985.
                           y. ``Afghanistan: The Hidden War''--Sec. 213, Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved
                          August 16, 1985.
                           z. ``The March''--Public Law 99-369 [H.R. 4985], 100 Stat. 778, approved August 1, 1986.
                           aa. Objects displayed at the U.S. Pavilion at the 86 Expo in Vancouver, British Columbia, Canada--
                          Public Law 99-475 [H.R. 5522], 100 Stat. 1217, approved October 16, 1986.
                           bb. ``America the Way I See It''--Public Law 100-167 [H.R. 3428], 101 Stat. 910, approved November
                          17, 1987.\26\
                           cc. ``A Tribute to Mickey Leland''--Public Law 101-200 [H.R. 3294], 103 Stat. 1794, approved December
                          6, 1989.
                           dd. ``Long Journey Home''--Public Law 101-246 [H.R. 3792], 104 Stat. 49, approved February 16, 1990.
                           ee. The Photographic Works of Richard Saunders--to be made available to the Schomburg Center for
                          Black Studies, New York, New York--Sec. 213, Public Law 102-138, [H.R. 1415], 105 Stat. 696, approved
                          October 28, 1991.
                           ff. ``The Voice'' [film] and ``All of Our Yesterdays'' [radio documentary]--Sec. 1, Public Law 102-
                          454, [H.R. 5751], 106 Stat. 2262, approved October 23, 1992.
                           gg. ``Thomas Jefferson Paper Show'' [USIA presentation], and ``Crimes Against Humanity'' [film]--Sec.
                          234, Public Law 103-236 [H.R. 2333], 108 Stat. 424, approved April 30, 1994.
                           hh. ``Fragile Ring of Life'' [film]--Public Law 104-161 [H.R. 2070], 110 Stat. 1413, approved July
                          18, 1996.
                           ii. Voice of America and Radio Marti multilingual computer readable text and voice recordings, to be
                          made available to the Linguistic Data Consortium, University of Pennsylvania, terminates ten years
                          after enactment--Public Law 104-269 [H.R. 3916], 110 Stat. 3300, approved October 9, 1996, amended by
                          Public Law 106-309; 114 Stat. 1099.
--------------------------------------------------------------------------------------------------------------------------------------------------------


               policies governing information activities

    Sec. 502.\27\ In authorizing international information 
activities under this Act, it is the sense of the Congress (1) 
that the Secretary \20\ shall reduce such Government 
information activities whenever corresponding private 
information dissemination is found to be adequate; (2) that 
nothing in this Act shall be construed to give the Department 
\20\ a monopoly in the production or sponsorship on the air of 
short-wave broadcasting programs, or a monopoly in any other 
medium of information.
---------------------------------------------------------------------------
    \26\ The language of Public Law 100-167 was repeated as sec. 214 of 
the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 
(Public Law 100-204; 101 Stat. 1376).
    \27\ 22 U.S.C. 1462.
---------------------------------------------------------------------------
    Sec. 503.\28\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \28\ Formerly at 22 U.S.C. 1463. Sec. 503, originally added by sec. 
206 of the Foreign Relations Authorization Act, Fiscal Year 1977 
(Public Law 94-350), was repealed by sec. 315(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 445). The section stated principles for VOA 
broadcasts.
---------------------------------------------------------------------------

                        voice of america/europe

    Sec. 504.\29\ As part of its duties and programs under 
title V of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1461 et seq.), Voice of 
America/Europe shall--
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 1464. Sec. 504 was added by sec. 402 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1331).
---------------------------------------------------------------------------
          (1) target news and features in accordance with the 
        findings and recommendations of the Young European 
        Survey;
          (2) conduct periodic audience evaluations and 
        measurements; and
          (3) promote and advertise Voice of America/Europe.

                     usia satellite and television

    Sec. 505.\30\ (a) In General.--The Broadcasting Board of 
Governors \31\ is authorized to lease or otherwise acquire time 
on commercial or United States Government satellites for the 
purpose of transmitting materials and programs to posts and 
other users abroad.
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 1464a. Sec. 205 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 50), added sec. 505.
    \31\ Sec. 1335(a)(1)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) struck out ``Director of the United States 
Information Agency'' and inserted in lieu thereof ``Broadcasting Board 
of Governors'' at each place that it appeared in sec. 505.
---------------------------------------------------------------------------
    (b) Broadcast Principles.--The Congress finds that the 
long-term interests of the United States are served by 
communicating directly with the peoples of the world by 
television. To be effective, the Broadcasting Board of 
Governors \32\ must win the attention and respect of viewers. 
These principles will therefore govern the television 
broadcasts of the United States International Television 
Service: \33\
---------------------------------------------------------------------------
    \32\ Sec. 1335(a)(1)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) struck out ``United States Information 
Agency'' and inserted in lieu thereof ``Broadcasting Board of 
Governors'' at each place that it appeared in sec. 505.
    \33\ Sec. 1335(a)(1)(C)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) struck out ``Agency's television 
broadcasts (hereinafter in this section referred to as `USIA-TV')'', 
and inserted in lieu thereof ``television broadcasts of the United 
States International Television Service''.
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          (1) United States International Television Service 
        \34\ will serve as a consistently reliable and 
        authoritative source of news. United States 
        International Television Service \34\ news will be 
        accurate and objective.
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    \34\ Sec. 1335(a)(1)(C)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) struck out ``USIA-TV'' and inserted in 
lieu thereof ``The United States International Television Service'' in 
paras. (1), (2), and (3).
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          (2) United States International Television Service 
        \34\ will represent the United States, not any single 
        segment of American society and will, therefore, 
        present a balanced and comprehensive projection of 
        significant American thought and institutions.
          (3) United States International Television Service 
        \34\ will present the policies of the United States 
        clearly and effectively and will also present 
        responsible discussions and opinion on these policies.
    (c) Programs.--The Broadcasting Board of Governors \32\ is 
authorized to produce, acquire, or broadcast television 
programs, via satellite, only if such programs--
          (1) are interactive, consisting of interviews among 
        participants in different locales;
          (2) cover news, public affairs, or other current 
        events;
          (3) cover official activities of government, Federal 
        or State, including congressional proceedings and news 
        briefings of any agency of the Executive branch; or
          (4) are of an artistic or scientific character or are 
        otherwise representative of American culture.
    (d) Costs.--When a comparable program produced by United 
States public or commercial broadcasters and producers is 
available at a cost which is equal to or less than the cost of 
production by the United States International Television 
Service,\35\ the Broadcasting Board of Governors \32\ shall use 
such materials in preference to the United States International 
Television Service \35\ produced materials.
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    \35\ Sec. 1335(a)(1)(D) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``USIA-TV'' and inserted in 
lieu thereof ``the United States International Television Service'' in 
subsecs. (d) and (e).
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    (e) Allocation of Funds.--(1) Of the funds authorized to be 
appropriated to the Broadcasting Board of Governors \32\ not 
more than $12,000,000 for the fiscal year 1990 and not more 
than $12,480,000 for the fiscal year 1991 may be obligated or 
expended for the United States International Television 
Service.\35\
    (2) The Broadcasting Board of Governors \32\ shall prepare 
and submit to the Congress quarterly reports which contain a 
detailed explanation of expenditures for USIA-TV during the 
fiscal years 1990 and 1991. Such reports shall contain specific 
justification and supporting information pertaining to all 
programs, particularly those described in subsection (c)(4), 
that were produced in-house by USIA-TV. Each such report shall 
include a statement by the Broadcasting Board of Governors \32\ 
that, according to the best information available to the 
Broadcasting Board of Governors,\32\ no comparable United 
States commercially-produced or public television program is 
available at a cost which is equal to or less than the cost of 
production by USIA-TV.
    (3) \36\ Of the funds authorized to be appropriated to the 
Broadcasting Board of Governors,\32\ $1,500,000 for the fiscal 
year 1990 and $1,500,000 for the fiscal year 1991 shall be 
available only for the purchase or use of programs produced 
with grants from the Corporation for Public Broadcasting or 
produced by United States public broadcasters.
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    \36\ Sec. 1102 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 90), waived sec. 
505(e)(3), as added by sec. 205 of that Act, effective on the date of 
enactment of that Act (February 16, 1990).
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                   voice of america hiring practices

    Sec. 506.\37\ (a) Prohibition.--After the date of enactment 
of this section, the Voice of America shall not select 
candidates for employment who must be or are preapproved for 
employment at the Voice of America by a foreign government or 
an entity controlled by a foreign government.
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    \37\ 22 U.S.C. 1464b. Sec. 232 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 57), added sec. 506.
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    (b) Exception.--The prohibition referred to in this section 
shall not apply to--
          (1) participants in the Voice of America's exchange 
        programs; or
          (2) clerical, technical, or maintenance staff at 
        Voice of America offices in foreign countries.
    (c) Report.--If the Broadcasting Board of Governors \38\ 
determines that the prohibition under subsection (a) would 
require the termination of a specific Voice of America foreign 
language service, then, not less than 90 days before the Board 
\39\ begins to recruit such candidates, the Board \40\ shall 
submit to the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs \41\ of the House of 
Representatives a report concerning--
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    \38\ Sec. 1335(a)(2)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``Director of the United States 
Information Agency'' and inserted in lieu thereof ``Broadcasting Board 
of Governors''.
    \39\ Sec. 1335(a)(2)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``Agency'' and inserted in lieu 
thereof ``Board''.
    \40\ Sec. 1335(a)(2)(C) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``Director'' and inserted in 
lieu thereof ``Board''.
    \41\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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          (1) the number and location of speakers of the 
        applicable foreign language who could be recruited by 
        the Voice of America without violating this section; 
        and
          (2) the efforts made by the Voice of America to 
        recruit such individuals for employment.

          TITLE VI--ADVISORY COMMISSIONS TO FORMULATE POLICIES

    Sec. 601.\42\ There are hereby created two advisory 
commissions, (1) United States Advisory Commission on 
Information (hereinafter in this title referred to as the 
Commission on Information) and (2) United States Advisory 
Commission on Educational Exchange (hereinafter in this title 
referred to as the Commission on Educational Exchange) \43\ to 
be constituted as provided in section 602. The Commissions 
shall formulate and recommend to the Secretary \20\ policies 
and programs for the carrying out of this Act: Provided, 
however, That the commissions created by this section shall 
have no authority over the Board of Foreign Scholarships or the 
program created by Public Law 584 of the Seventy-ninth 
Congress, enacted August 1, 1946, or the United States National 
Commission for UNESCO.
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    \42\ 22 U.S.C. 1466. This section has been repealed insofar as it 
related to the United States Advisory Commission on Educational 
Exchange, by Public Law 87-256 (75 Stat. 527).
    \43\ Sec. 8 of Reorganization Plan No. 2 of 1977 established the 
United States Advisory Commission on International Communication, 
Cultural and Educational Affairs, consolidated functions vested in 
these two commissions and transferred them to this new commission.
    Subsequently, sec. 604 of this Act redesignated the United States 
Advisory Commission on International Communication, Cultural and 
Educational Affairs as the United States Advisory Commission on Public 
Diplomacy.
    Pursuant to the Foreign Affairs Reform and Restructuring Act of 
1998 (division G of Public Law 105-277; 112 Stat. 2681-761), as 
amended, secs. 1 through 6 of the Reorganization Plan No. 2 are 
repealed, and sec. 8 of the Plan is repealed effective September 30, 
2001.
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            membership of the commission: general provisions

    Sec. 602.\44\ (a) Each Commission shall consist of five 
members, not more than three of whom shall be from any one 
political party. Members shall be appointed by the President, 
by and with the advice and consent of the Senate. No person 
holding any compensated Federal or State office shall be 
eligible for appointment.
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    \44\ 22 U.S.C. 1467. This section has been repealed insofar as it 
related to the United States Advisory Commission on Educational 
Exchange, by Public Law 87-256 (75 Stat. 527).
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    (b) The members of the Commission on Information shall 
represent the public interest, and shall be selected from a 
cross section of professional, business, and public service 
backgrounds.
    (c) The members of the Commission on Educational Exchange 
shall represent the public interest and shall be selected from 
a cross section of educational, cultural, scientific, 
technical, and public service backgrounds.
    (d) The term of each member appointed under subsection (a) 
of this section shall be three years, except that the terms of 
office of such members first taking office on each Commission 
shall expire, as designated by the President at the time of 
appointment, two at the end of one year, two at the end of two 
years, and one at the end of three years from the date of the 
enactment of this Act. Any member appointed to fill a vacancy 
occurring prior to the expiration of the term for which his 
predecessor is appointed shall be appointed for the remainder 
of such term. Upon the expiration of his term of office any 
member may continue to serve until his successor is appointed 
and has qualified.
    (e) The President shall designate a chairman for each 
Commission from among members of the Commission.
    (f) The members of the Commissions shall receive no 
compensation for their services as such members but shall be 
entitled to reimbursement for travel and subsistence in 
connection with attendance of meetings of the Commissions away 
from their places of residences, as provided in subsection (6) 
of section 801 of this Act.
    (g) The Commissions are authorized to adopt such rules and 
regulations as they may deem necessary to carry out the 
authority conferred upon them by this title.
    (h) The Department \20\ is authorized to provide the 
necessary secretarial and clerical assistance for the 
Commissions.

                      recommendations and reports

    Sec. 603.\45\ The Commissions shall meet not less 
frequently than once each month during the first six months 
after their establishment, and thereafter at such intervals as 
the Commissions find advisable, and shall transmit to the 
Secretary \20\ a quarterly report, and to the Congress a 
semiannual report of all programs and activities carried on 
under the authority of this Act, including appraisals, where 
feasible, as to the effectiveness of the several programs, and 
such recommendations as shall have been made by the Commissions 
to the Secretary \20\ for effectuating the purposes and 
objectives of this Act and the action taken to carry out such 
recommendations.
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    \45\ 22 U.S.C. 1468. This section has been repealed insofar as it 
related to the United States Advisory Commission on Educational 
Exchange, by Public Law 87-256 (75 Stat. 527).
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         united states advisory commission on public diplomacy
    Sec. 604.\46\ (a) Establishment.--(1) There is established 
an advisory commission to be known as the United States 
Advisory Commission on Public Diplomacy.
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    \46\ 22 U.S.C. 1469. Sec. 1334(b) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-786) repealed sec. 604. Sec. 404 of the Admiral 
James W. Nance and Meg Donovan Foreign Relations Authorization Act, 
Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 
1000(a)(7) of Public Law 106-113; 113 Stat. 1536), however, restored 
the Commission through October 1, 2001. Sec. 404 provided as follows:
    ``SEC. 404. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
DIPLOMACY.
    ``(a) Restoration of Advisory Commission.--Section 1334 of the 
Foreign Affairs Reform and Restructuring Act of 1998 (as enacted in 
division G of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999; Public Law 105-277) is amended to read as 
follows:
    ```SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
DIPLOMACY.
    ```The United States Advisory Commission on Public Diplomacy, 
established under section 604 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of 
Reorganization Plan Numbered 2 of 1977, shall continue to exist and 
operate under such provisions of law until October 1, 2001.''.
    ``(b) Retroactivity of Effective Date.--The amendment made by 
subsection (a) shall take effect as if included in the enactment of the 
Foreign Affairs Reform and Restructuring Act of 1998.
    ``(c) Reenactment and Repeal of Certain Provisions of Law.--
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          ``(1) Reenactment.--The provisions of law repealed by section 
        1334 of the Foreign Affairs Reform and Restructuring Act of 
        1998, as in effect before the date of the enactment of this 
        Act, are hereby reenacted into law.
          ``(2) Repeal.--Effective September 30, 2001, section 604 of 
        the United States Information and Educational Exchange Act of 
        1948 (22 U.S.C. 1469) and section 8 of the Reorganization Plan 
        Numbered 2 of 1977 are repealed.
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    ``(d) Continuity of Advisory Commission.--Notwithstanding any other 
provision of law, any period of discontinuity of the United States 
Advisory Commission on Public Diplomacy shall not affect the 
appointment or terms of service of members of the commission.
    ``(e) Reduction in Staff and Budget.--Notwithstanding section 
604(b) of the United States Information and Educational Exchange Act of 
1948, effective on the date of the enactment of this Act, the United 
States Advisory Commission on Public Diplomacy shall have not more than 
2 individuals who are compensated staff, and not more than 50 percent 
of the resources allocated in fiscal year 1999.''.
    Subsequently, sec. 604 was reenacted pursuant to sec. 407(c) of the 
Department of State Appropriations Act, 2002 (title IV of Public Law 
107-77; 115 Stat. 790), subsecs. (c) and (d) of which provided the 
following:
    ``(c) The provisions of law repealed by section 404(c) of the 
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2000 and 2001 (section 404(c) of division A, of H.R. 
3427, as enacted into law by section 1000(a)(7) of Public Law 106-113; 
appendix G; 113 Stat. 1501A-446) are hereby reenacted into law.
    (d) Notwithstanding any other provision of law, any period of 
discontinuity of the United States Advisory Commission on Public 
Diplomacy shall not affect the appointment or terms of service of 
members of the commission.''.
    Sec. 604 was added originally by sec. 203(f) of the ICA 
Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 
Stat. 399), and subsequently amended and restated by sec. 213 of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1376), and by sec. 206 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 51).
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    (2)The Commission shall consist of seven members appointed 
by the President, by and with the advice and consent of the 
Senate. The members of the Commission shall represent the 
public interest and shall be selected from a cross section of 
educational, communications, cultural, scientific, technical, 
public service, labor, business, and professional backgrounds. 
Not more than four members shall be from any one political 
party.
    (3) The term of each member shall be 3 years, except that 
of the original seven appointments, two shall be for a term of 
1 year and two shall be for a term of 2 years.
    (4) Any member appointed to fill a vacancy occurring before 
the expiration of the term for which a predecessor was 
appointed shall be appointed for the remainder of such term. 
Upon the expiration of a member's term of office, such member 
may continue to serve until a successor is appointed and 
qualified.
    (5) The President shall designate a member to chair the 
Commission.
    (b) Staff.--The Commission shall have a staff director who 
shall be appointed by the chairperson of the Commission. 
Subject to such rules and regulations as may be adopted by the 
Commission, the chairperson of the Commission may--
          (1) appoint such additional personnel for the staff 
        of the Commission as the chairperson considers 
        necessary; and
          (2) procure temporary and intermittent services to 
        the same extent as is authorized by section 3109(b) of 
        title 5, United States Code, but at rates for 
        individuals not to exceed the daily equivalent of the 
        annual rate of basic pay payable for grade GS-18 of the 
        General Schedule under section 5332 of title 5, United 
        States Code.
    (c) Duties and Responsibilities.--(1) The Commission shall 
formulate and recommend to the Director of the United States 
Information Agency, the Secretary of State, and the President 
policies and programs to carry out the functions vested in the 
Director or the Agency, and shall appraise the effectiveness of 
policies and programs of the Agency.
    (2) The commission shall submit to the Congress, the 
President, the Secretary of State, and the Director of the 
United States Information Agency annual reports on programs and 
activities carried out by the Agency, including appraisals, 
where feasible, as to the effectiveness of the several 
programs. The Commission shall also include in such reports 
such recommendations as shall have been made by the Commission 
to the Director for effectuating the purposes of the Agency, 
and the action taken to carry out such recommendations.
    (3) The Commission may also submit such other reports to 
the Congress as it considers appropriate, and shall make 
reports to the public in the United States and abroad to 
develop a better understanding of and support for the programs 
conducted by the Agency.
    (4) The Commission's reports to the Congress shall include 
assessments of the degree to which the scholarly integrity and 
nonpolitical character of the educational and cultural exchange 
activities vested in the Director of the United States 
Information Agency have been maintained, and assessments of the 
attitudes of foreign scholars and governments regarding such 
activities.
    (d) Limitation on Authority.--The Commission shall have no 
authority with respect to the J. William Fulbright Foreign 
Scholarship Board or the United States National Commission for 
UNESCO.

                       TITLE VII--APPROPRIATIONS

    Sec. 701.\47\ * * * [Repealed--1998]
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    \47\ Formerly at 22 U.S.C. 1476. Sec. 1336(1) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) repealed secs. 701, 704, 
807, 808, 811, and 1009 of this Act. Sec. 701, as amended, addressed 
prior authorization by Congress. Sec. 2419 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-255; 112 Stat. 2681-835) struck out sec. 
701(f)(4) of this section, already repealed by the above cited Act.
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                           transfer of funds

    Sec. 702.\48\ The Secretary \20\ shall authorize the 
transfer to other Government agencies for expenditure in the 
United States and in other countries, in order to carry out the 
purposes of this Act, any part of any appropriations available 
to the Department \20\ for carrying out the purposes of this 
Act, for direct expenditure or as a working fund, and any such 
expenditures may be made under the specific authority contained 
in this Act or under the authority governing the activities of 
the Government agency to which a part of any such appropriation 
is transferred, provided the activities come within the scope 
of this Act.
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    \48\ 22 U.S.C. 1477.
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    authorization for grants to radio free europe and radio liberty

    Sec. 703.\49\ There are authorized to be appropriated to 
the Secretary of State $38,520,000 for fiscal year 1973 to 
provide grants, under such terms and conditions as the 
Secretary considers appropriate, to Radio Free Europe and Radio 
Liberty. There are further authorized to be appropriated in 
fiscal year 1973 not to exceed $1,150,000 for nondiscretionary 
costs. Except for funds appropriated pursuant to this section, 
no funds appropriated after the date of this Act may be made 
available to or for the use of Radio Free Europe or Radio 
Liberty in fiscal year 1973.
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    \49\ 22 U.S.C. 1477a. Sec. 703 was added by Public Law 92-264 (86 
Stat. 114); further amended when the second sentence was added by 
Public Law 93-59 on July 6, 1973.
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    Sec. 704.\50\ * * * [Repealed--1998]
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    \50\ Formerly at 22 U.S.C. 1477b. Sec. 1336(1) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) repealed secs. 701, 704, 
807, 808, 811, and 1009 of this Act. Sec. 704 was originally added by 
sec. 204(e) of the ICA Authorization Act, Fiscal Years 1980 and 1981 
(Public Law 96-60; 93 Stat. 400), and pertained to nondiscretionary 
personnel costs and currency fluctuations.
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    Sec. 705.\51\ The Department of State \51\ may award grants 
for overseas public diplomacy programs \52\ only if the 
Committee on Foreign Affairs \53\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate are notified fifteen days in advance of the proposed 
grant.
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    \51\ 22 U.S.C. 1477c. Sec. 1335(a)(3) of the Foreign Affairs 
Agencies Consolidation Act of 1998 (subdivision A of division G of 
Public Law 105-277; 112 Stat. 2681-787) struck out subsecs. (a) and 
(b); and replaced ``(b) In addition, the United States Information 
Agency'' with ``The Department of State''. Originally, Sec. 214 of 
Public Law 98-164 (97 Stat. 1035) added former subsecs. (a) and (b), 
and sec. 202(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1372) added former 
subsec. (c).
    \52\ Sec. 1335(a)(3)(B)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``program grants'' and inserted 
in lieu thereof ``grants for overseas public diplomacy programs''.Sec. 
202(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989 (Public Law 100-204; 101 Stat. 1372), struck out ``for the 
fiscal years 1986 and 1987'' at this point. That phrase was inserted in 
lieu of the original which read ``for the fiscal years 1984 and 1985'' 
by sec. 214 of Public Law 99-93 (99 Stat. 405).
    \53\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) Funds appropriated for the United States Information 
Agency may not be available for obligation or expenditure 
through any reprogramming described in subsection (a) during 
the period which is the last 15 days in which such funds are 
available unless notice of such reprogramming is made before 
such period.

                 TITLE VIII--ADMINISTRATIVE PROCEDURES

                           the secretary \54\

    Sec. 801.\55\ In carrying out the purposes of this Act, the 
Secretary \54\ is authorized, in addition to and not in 
limitation of the authority otherwise vested in him--
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    \54\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this Act were 
transferred to the Director of the International Communication Agency. 
The codified version of this Act has been changed to reflect this 
transfer of authority.
    \55\ 22 U.S.C. 1471.
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          (1) In \56\ carrying out title II of this Act,\57\ to 
        make grants of money, services, or materials to State 
        and local governmental institutions in the United 
        States, to governmental institutions in other 
        countries, and to individuals and public or private 
        nonprofit organizations both in the United States and 
        in other countries;
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    \56\ ``In'' in original; should read ``in''.
    \57\ The words ``within the limitation of such appropriations as 
the Congress may provide,'' which previously appeared at this point, 
were struck out by sec. 204(a) of the ICA Authorization Act, Fiscal 
Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).
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          (2) to furnish, sell, or rent, by contract or 
        otherwise, educational and information materials and 
        equipment for dissemination to, or use by, peoples of 
        foreign countries;
          (3) \58\ whenever necessary in carrying out title V 
        of this Act, to purchase, rent, construct, improve, 
        maintain, and operate facilities for radio and 
        television \59\ transmission and reception, including 
        the leasing of associated real property (either within 
        or outside the United States) for periods not to exceed 
        forty years,\60\ or for longer periods if provided for 
        by an appropriation Act, and the alteration, 
        improvement, and repair of such property, without 
        regard to section 322 of the Act of June 30, 1932 (40 
        U.S.C. 278a), and any such real property or interests 
        therein which are outside the United States may be 
        acquired without regard to section 355 of the Revised 
        Statutes of the United States (40 U.S.C. 255) if the 
        sufficiency of the title to such real property or 
        interests therein is approved by the Director of the 
        United States Information Agency; \20\
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    \58\ Paragraph (3) was amended and restated by sec. 203(e) of the 
ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 
Stat. 399). The substantive change made by this amendment involved the 
addition of the words beginning with ``and the alteration, improvement 
* * *'' through the end of the paragraph.
    \59\ Sec. 203 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), inserted ``and 
television'' after ``radio''.
    \60\ Sec. 205 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1331), inserted 
``forty years'' in lieu of ``twenty-five years''. Sec. 217 of Public 
Law 98-164 (97 Stat. 1036) had previously substituted twenty-five years 
in lieu of ten years.
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          (4) to provide for printing and binding outside the 
        continental limits of the United States, without regard 
        to section 11 of the Act of March 1, 1919 (44 U.S.C. 
        111);
          (5) \61\ to employ persons on a temporary basis 
        without regard to the civil service and classification 
        laws, when such employment is provided for by the 
        pertinent appropriation Act; \62\
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    \61\ Paragraph (5) was amended and restated by sec. 203(b)(1) of 
the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-
60; 93 Stat. 398). Formerly, par. (5) also provided for the employment 
of aliens within the United States for positions relating to 
translation or narration of colloquial speech in foreign languages when 
suitably qualified U.S. citizens were not available.
    \62\ Sec. 222 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 421), amended sec. 
801 by striking ``and'' at the end of para. (5); striking a period at 
the end of para. (6), and inserting instead ``; and''; and adding a new 
para. (7).
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          (6) \63\ to create with the approval of the 
        Commission on Information and the Commission on 
        Educational Exchange,\64\ such advisory committees as 
        the Secretary \54\ may decide to be of assistance in 
        formulating his policies for carrying out the purposes 
        of this Act. No Committee member shall be allowed any 
        salary or other compensation for services; but he may 
        be paid his transportation and other expenses, as 
        authorized by section 5 of the Administrative Expenses 
        Act of 1946, as amended (5 U.S.C. 73 b-2); and \62\
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    \63\ Para. (6) was amended by sec. 11 of Public Law 87-139 (75 
Stat. 341).
    \64\ Pursuant to sec. 8 of Reorganization Plan No. 2 of 1977, the 
functions vested in these two commissions were transferred to a newly 
created United States Advisory Commission on International 
Communication, Cultural and Educational Affairs (in 1979, such new 
Commission was redesignated as the United States Advisory Commission on 
Public Diplomacy).
    Pursuant to the Foreign Affairs Reform and Restructuring Act of 
1998 (division G of Public Law 105-277; 112 Stat. 2681-761), as 
amended, secs. 1 through 6 of the Reorganization Plan No. 2 are 
repealed, and sec. 8 of the Plan is repealed effective September 30, 
2001.
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          (7) \62\ notwithstanding any other provision of law, 
        to carry out projects involving security construction 
        and related improvements for overseas public diplomacy 
        \65\ facilities not physically located together with 
        other \66\ Department of State facilities abroad.
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    \65\ Sec. 1335(a)(4)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``Agency'' and inserted in lieu 
thereof ``overseas public diplomacy''.
    \66\ Sec. 1335(a)(4)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) inserted ``other'' after ``together 
with''.
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                          government agencies

    Sec. 802.\67\ (a) In carrying on activities which further 
the purposes of this Act, subject to approval of such 
activities by the Secretary,\54\ the Department and the other 
Government agencies are authorized--
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    \67\ 22 U.S.C. 1472. Sec. 302(b) of Public Law 97-241 (96 Stat. 
292) added the subsection designation ``(a)'' and a new subsec. (b).
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          (1) to place orders and make purchases and rentals of 
        materials and equipment;
          (2) to make contracts, including contracts with 
        governmental agencies, foreign or domestic, including 
        subdivisions thereof, and intergovernmental 
        organizations of which the United States is a member, 
        and, with respect to contracts entered into in foreign 
        countries, without regard to section 3741 of the 
        Revised Statutes (41 U.S.C. 22);
          (3) under such regulations as the Secretary \54\ may 
        prescribe, to pay the transportation expenses, and not 
        to exceed $10 per diem in lieu of subsistence and other 
        expenses, of citizens or subjects of other countries, 
        without regard to the Standardized Government Travel 
        Regulations and the Subsistence Act of 1926, as 
        amended; and
          (4) to make grants for, and to pay expenses incident 
        to, training and study.
    (b) \67\ (1) Any contract authorized by subsection (a) and 
described in paragraph (3) of this subsection which is funded 
on the basis of annual appropriations may nevertheless be made 
for periods not in excess of 5 years when--
          (A) appropriations are available and adequate for 
        payment for the first fiscal year and for all potential 
        cancellation costs; and
          (B) the Director of the United States Information 
        Agency determines that--
                  (i) the need of the Government for the 
                property or service being acquired over the 
                period of the contract is reasonably firm and 
                continuing;
                  (ii) such a contract will serve the best 
                interests of the United States by encouraging 
                effective competition or promoting economies in 
                performance and operation; and
                  (iii) such method of contracting will not 
                inhibit small business participation.
    (2) In the event that funds are not made available for the 
continuation of such a contract into a subsequent fiscal year, 
the contract shall be canceled and any cancellation costs 
incurred shall be paid from appropriations originally available 
for the performance of the contract, appropriations currently 
available for the acquisition of similar property or services 
and not otherwise obligated, or appropriations made for such 
cancellation payments.
    (3) This subsection applies to contracts for the 
procurement of property or services, or both, for the 
operation, maintenance, and support of programs, facilities, 
and installations for or related to telecommunication 
activities, newswire services, and the distribution of books 
and other publications in foreign countries.
    (4) \68\ (A) Notwithstanding the other provisions of this 
subsection, the United States Information Agency is authorized 
to enter into contracts for periods not to exceed 7 years for 
circuit capacity to distribute radio and television programs.
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    \68\ Sec. 225 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 423), added para. 
(4).
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    (B) The authority of this paragraph may be exercised for a 
fiscal year only to such extent or in such amounts as are 
provided in advance in appropriations Acts.

       maximum use of existing government property and facilities

    Sec. 803.\69\ In carrying on activities under this Act 
which require the utilization of Government property and 
facilities, maximum use shall be made of existing Government 
property and facilities.
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    \69\ 22 U.S.C. 1473.
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                            basic authority

    Sec. 804.\70\ In carrying out the provisions of this Act, 
the Secretary,\54\ or any Government agency authorized to 
administer such provisions, may--
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    \70\ 22 U.S.C. 1474. Sec. 804 was added by Public Law 92-352 (86 
Stat. 389).
    Sec. 2418 of the Foreign Relations Authorization Act, 1998 and 1999 
(subdivision B of division G of Public Law 105-277; 112 Stat. 2681-835; 
22 U.S.C. 1474 note), provided the following:
    ``The Director of the United States Information Agency is 
authorized to administer summer travel and work programs without regard 
to preplacement requirements.''.
    Sec. 846 of Public Law 105-244 (112 Stat. 1822) enacted an 
identical provision.
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          (1) \71\ employ, without regard to the civil service 
        and classification laws, aliens within the United 
        States and abroad for service in the United States 
        relating to the translation or narration of colloquial 
        speech in foreign languages or the preparation and 
        production of foreign language programs when suitably 
        qualified United States citizens are not available when 
        job vacancies occur,\72\ and aliens so employed abroad 
        may be admitted to the United States, if otherwise 
        qualified, as nonimmigrants under section 101(a)(15) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)) for such time and under such conditions 
        and procedures as may be established by the Director of 
        the United States Information Agency \73\ and the 
        Attorney General;
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    \71\ Paragraph (1) was amended and restated by sec. 203(b)(2) of 
the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-
60; 93 Stat. 398). Formerly, par. (1) also included a requirement that 
such aliens must be investigated pursuant to procedures established by 
the Secretary or the agency and the Attorney General before they could 
be employed.
    \72\ Sec. 207 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 53), added ``when 
job vacancies occur''.
    \73\ ``United States Information Agency'' was substituted for 
``International Communication Agency'' pursuant to sec. 303(b) of 
Public Law 97-241 (96 Stat. 291; 22 U.S.C. 1461 note), which provided 
that: ``Any reference in any statute, reorganization plan, Executive 
order, regulation, agreement, determination, or other official document 
or proceeding to the International Communication Agency or the Director 
or other official of the International Communication Agency shall be 
deemed to refer respectively to the United States Information Agency or 
the Director or other official of the United States Information Agency, 
as so redesignated by subsection (a).''.
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          (2) pay travel expenses of aliens employed abroad for 
        service in the United States and their dependents to 
        and from the United States;
          (3) incur expenses for entertainment within the 
        United States within such amounts as may be provided in 
        appropriations Acts;
          (4) obtain insurance on official motor vehicles 
        operated by the Secretary \74\ or such agency in 
        foreign countries, and pay the expenses incident 
        thereto;
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    \74\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this Act were 
transferred to the Director of the International Communication Agency. 
The codified version of this Act has been changed to reflect this 
transfer of authority.
    Subsequently, sec. 303(b) of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
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          (5) notwithstanding the provisions of section 2680(k) 
        of title 28, United States Code, pay tort claims in the 
        manner authorized in the first paragraph of section 
        2672 of such title, when such claims arise in foreign 
        countries in connection with operations conducted 
        abroad under this Act;
          (6) employ aliens by contract for services abroad;
          (7) provide ice and drinking water abroad;
          (8) pay excise taxes on negotiable instruments 
        abroad;
          (9) \75\ pay to or for individuals, not United States 
        Government employees, participating in activities 
        conducted under this Act, the costs of emergency 
        medical expenses, preparation and transport to their 
        former homes of the remains of such participants or 
        their dependents who die while away from their homes 
        during such participation, and health and accident 
        insurance premiums for participants or health and 
        accident benefits for participants by means of a 
        program of self-insurance;
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    \75\ Sec. 205 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), amended and 
restated par. (9).
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          (10) rent or lease, for periods not exceeding ten 
        years,\76\ office buildings, grounds, and living 
        quarters abroad for employees carrying out this Act, 
        and make payments therefor in advance;
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    \76\ This period was changed from five years to ten years by sec. 
204(b)(1) of the ICA Authorization Act, Fiscal Years 1980 and 1981 
(Public Law 96-60; 93 Stat. 400).
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          (11) maintain, improve, and repair properties used 
        for information activities in foreign countries;
          (12) furnish fuel and utilities for Government-owned 
        or leased property abroad;
          (13) pay travel expenses of employees attending 
        official international conferences, without regard to 
        sections 5701-5708 of title 5, United States Code, and 
        regulations issued thereunder, but at rates not in 
        excess of comparable allowances approved for such 
        conferences by the Secretary;
          (14) \77\ purchase uniforms;
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    \77\ Paragraph (14) was added by sec. 203 of the Foreign Relations 
Authorization Act, Fiscal Year 1977 (Public Law 94-350); and further 
amended when sec. 204(b)(3) of the ICA Authorization Act, Fiscal Years 
1980 and 1981 (Public Law 96-60; 93 Stat. 400), struck out the words 
``when funds are appropriated therefor'' at the end of the paragraph.
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          (15) \78\ hire passenger motor vehicles;
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    \78\ Paragraphs (15) through (19) were added by sec. 204(b)(4) of 
the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-
60; 93 Stat. 400).
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          (16) \78\ purchase passenger motor vehicles for use 
        abroad, and right-hand drive and security \79\ vehicles 
        may be so purchased without regard to any maximum price 
        limitation established by law;
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    \79\ The words ``and security'' were added by sec. 302(c) of Public 
Law 97-241 (96 Stat. 293).
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          (17) \78\ procure services of experts and consultants 
        in accordance with section 3109 of title 5 of the 
        United States Code;
          (18) \78\ make advances of funds;
          (19) \78\ notwithstanding section 5946 of title 5 of 
        the United States Code, pay dues for library membership 
        in organizations which issue publications to members 
        only, or to members at a price lower than to others; 
        \80\
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    \80\ Sec. 204 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), struck out 
``and'' at the end of par. (19); ended par. (20) with a semicolon; and 
added new pars. (21), (22), and (23).
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          (20) \81\ subject to the availability of appropriated 
        funds, purchase motion picture, radio and television 
        producers' liability insurance to cover errors and 
        omissions or similar insurance coverage for the 
        protection of interests in intellectual property; \80\
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    \81\ Paragraph (20) was added by sec. 304(d) of Public Law 97-241 
(96 Stat. 293).
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          (21) \80\ incur expenses authorized by the Foreign 
        Service Act of 1980 (22 U.S.C. 3901 et seq.);
          (22) \80\ furnish living quarters as authorized by 
        section 5912 of title 5, United States Code; and
          (23) \80\ provide allowances as authorized by 
        sections 5921 through 5928 of title 5, United States 
        Code.''.

                            travel expenses

    Sec. 805.\82\ Appropriated funds made available for any 
fiscal year to the Secretary or any Government agency, to carry 
out the provisions of this Act, for expenses in connection with 
travel of personnel outside the continental United States, 
including travel of dependents and transportation of personal 
effects, household goods, or automobiles of such personnel, 
shall be available for all such expenses in connection with 
travel or transportation which begins in that fiscal year 
pursuant to travel orders issued in that year, notwithstanding 
the fact that such travel or transportation may not be 
completed until the following fiscal year.
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    \82\ 22 U.S.C. 1475. Sec. 805 was added by sec. 202 of Public Law 
92-352 (86 Stat. 494).
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                replacement of passenger motor vehicles

    Sec. 806.\83\ The exchange allowances or proceeds derived 
from the exchange or sale of passenger motor vehicles used 
abroad for purposes of this Act or the Mutual Educational and 
Cultural Exchange Act of 1961 shall be \84\ available without 
fiscal year limitation for replacement of an equal number of 
such vehicles in accordance with section 201(c) of the Federal 
Property and Administrative Services Act of 1949.
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    \83\ 22 U.S.C. 1475a. Sec. 806 was added by sec. 204 of the Foreign 
Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350).
    \84\ The words ``shall be'' were inserted in lieu of ``are 
authorized to be made'' by sec. 204(c) of the ICA Authorization Act, 
Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).
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    Sec. 807.\85\ * * * [Repealed--1998]
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    \85\ Formerly at 22 U.S.C. 1475b. Sec. 1336(1) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) repealed secs. 701, 704, 
807, 808, 811, and 1009 of this Act. Sec. 807 was originally added by 
sec. 204(c) of Public Law 95-426 (92 Stat. 974) and pertained to the 
seal of the United States Information Agency.
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    Sec. 808.\86\ * * * [Repealed--1998]
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    \86\ Formerly at 22 U.S.C. 1475c. Sec. 1336(1) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) repealed secs. 701, 704, 
807, 808, 811, and 1009 of this Act. Sec. 808 was originally added by 
sec. 304(e) of Public Law 97-241 (96 Stat. 293), and pertained to 
acting associate directors.
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                  compensation for disability or death

    Sec. 809.\87\ A cultural exchange, international fair or 
exposition, or other exhibit or demonstration of United States 
economic accomplishments and cultural attainments, provided for 
under this Act or the Mutual Educational and Cultural Exchange 
Act of 1961 shall not be considered a ``public work'' as that 
term is defined in the first section of the Act of August 16, 
1941 (42 U.S.C. 1651; commonly known as the ``Defense Base 
Act'').
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    \87\ 22 U.S.C. 1475d. Sec. 809 was added by sec. 304(e) of Public 
Law 97-241 (96 Stat. 293).
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                  use of english-teaching program fees

    Sec. 810.\88\ (a) In General.--Notwithstanding section 3302 
of title 31, United States Code, or any other law or limitation 
of authority, fees and receipts described in subsection (b) are 
authorized to be credited each fiscal year for authorized 
purposes to the appropriate appropriations of the United States 
Information Agency to such extent as may be provided in advance 
in appropriations acts.
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    \88\ 22 U.S.C. 1475e. Sec. 2412 of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of 
division G of Public Law 105-277; 112 Stat. 2681-832) amended and 
restated sec. 810. Sec. 810 was originally added by sec. 304(e) of 
Public Law 97-241 (96 Stat. 293), and was subsequently amended and 
restated by sec. 203 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1373), and by sec. 
208 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991 (Public Law 101-246; 104 Stat. 53). It read as follows:
    ``Sec. 810 (a) Notwithstanding section 3302 of title 31, United 
States Code, or any other law or limitation of authority, fees received 
by or for the use of the United States Information Agency from or in 
connection with English-teaching and library services, and Agency-
produced publications, and not to exceed $100,000 of payments from 
motion picture and television programs, produced or conducted by or on 
behalf of the Agency under the authority of this Act or the Mutual 
Educational and Cultural Exchange Act of 1961 is authorized to be 
credited each fiscal year to the appropriate appropriation of the 
United States Information Agency to such extent as may be provided in 
advance in an appropriation Act.''.
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    (b) Fees and Receipts Described.--The fees and receipts 
described in this subsection are fees and payments received by 
or for the use of the United States Information Agency from or 
in connection with--
          (1) English-teaching and library services,
          (2) educational advising and counseling,
          (3) Exchange Visitor Program Services,
          (4) advertising and business ventures of the Voice of 
        America and the International Broadcasting Bureau,
          (5) cooperating international organizations, and
          (6) Agency-produced publications,
          (7) an amount not to exceed $100,000 of the payments 
        from motion picture and television programs produced or 
        conducted by or on behalf of the Agency under the 
        authority of this Act or the Mutual Education and 
        Cultural Exchange Act of 1961.
    Sec. 811.\89\ * * * [Repealed--1998]
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    \89\ Formerly at 22 U.S.C. 1475f. Sec. 1336(1) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) repealed secs. 701, 704, 
807, 808, 811, and 1009 of this Act. Sec. 811 was originally added by 
sec. 209 of the Foreign Relations Authorization Act, Fiscal Years 1990 
and 1991 (Public Law 101-246; 104 Stat. 53), and pertained to debt 
collection.
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      overseas public diplomacy posts and personnel overseas \90\

  Sec. 812.\91\ (a) Limitation.--Except as provided under this 
section no funds authorized to be appropriated to the 
Department of State \92\ may be used to pay any expense 
associated with the closing of any overseas public diplomacy 
post \93\ abroad.
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    \90\ Sec. 1335(a)(5)(D) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``usia'' and inserted in lieu 
thereof ``overseas public diplomacy'' in the section catchline.
    \91\ 22 U.S.C. 1475g. Sec. 206(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 693), added sec. 812.
    \92\ Sec. 1335(a)(5)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``United States Information 
Agency'' and inserted in lieu thereof ``Department of State''.
    \93\ Sec. 1335(a)(5)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``United States Information 
Agency post'' and inserted in lieu thereof ``overseas public diplomacy 
post'' throughout sec. 812.
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  (b) Notification.--Not less than 45 days before the closing 
of any overseas public diplomacy post \93\ abroad the Secretary 
of State \94\ shall notify the Committee on Foreign Affairs 
\95\ of the House of Representatives and the Committee on 
Foreign Relations of the Senate.
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    \94\ Sec. 1335(a)(5)(C) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``Director of the United States 
Information Agency'' and inserted in lieu thereof `` Secretary of 
State''.
    \95\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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  (c) Exceptions.--This section shall not apply to any overseas 
public diplomacy post \93\ closed--
          (1) because of a break or downgrading of diplomatic 
        relations between the United States and the country in 
        which the post is located; or
          (2) where there is a real and present threat to 
        United States diplomats in the city where the post is 
        located and where a travel advisory warning against 
        travel by United States citizens to the city has been 
        issued by the Department of State.

               TITLE IX--FUNDS PROVIDED BY OTHER SOURCES

                             reimbursement

    Sec. 901.\96\ The Secretary \74\ shall, when he finds it in 
the public interest, request and accept reimbursement from any 
cooperating governmental or private source in a foreign 
country, or from State or local governmental institutions or 
private sources in the United States, for all or part of the 
expenses of any portion of the program undertaken hereunder. 
The amounts so received shall be covered into the Treasury as 
miscellaneous receipts.
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    \96\ 22 U.S.C. 1478.
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                            advance of funds

    Sec. 902.\97\ If any other government shall express the 
desire to provide funds, property, or services to be used by 
this Government, in whole or in part, for the expenses of any 
specific part of the program undertaken pursuant to this Act, 
the Secretary \74\ is authorized, when he finds it in the 
public interest, to accept such funds, property, or services. 
Funds so received may be established as a special deposit 
account in the Treasury of the United States, to be available 
for the specified purpose, and to be used for reimbursement of 
appropriations or direct expenditure, subject to the provisions 
of this Act. Any unexpended balance of the special deposit 
account and other property received, under this section and no 
longer required for the purposes for which provided shall be 
returned to the government providing the funds or property.
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    \97\ 22 U.S.C. 1479.
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                         TITLE X--MISCELLANEOUS

                       loyalty check of personnel

    Sec. 1001.\98\ * * * [Repealed--1979]
---------------------------------------------------------------------------
    \98\ Sec. 1001, which concerned loyalty checks for personnel, was 
repealed by sec. 203(a)(1) of the ICA Authorization Act, Fiscal Years 
1980 and 1981 (Public Law 96-60; 93 Stat. 398).
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                        delegation of authority

    Sec. 1002.\99\ The Secretary \74\ may delegate to such 
officers of the Government as the Secretary \74\ determines to 
be appropriate, any of the powers conferred upon him by this 
Act to the extent that he finds such delegation to be in the 
interest of the purposes expressed in this Act and the 
efficient administration of the programs undertaken pursuant to 
this Act.
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    \99\ 22 U.S.C. 1435.
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                         restricted information

    Sec. 1003.\100\ Nothing in this Act shall authorize the 
disclosure of any information or knowledge in any case in which 
such disclosure (1) is prohibited by any other law of the 
United States, or (2) is inconsistent with the security of the 
United States.
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    \100\ 22 U.S.C. 1436.
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               repeal of act of may 25, 1938, as amended

    Sec. 1004. (a) The Act of May 25, 1938, entitled ``An Act 
authorizing the temporary detail of United States employees, 
possessing special qualifications, to governments of American 
Republics and the Philippines, and for other purposes,'' as 
amended (52 Stat. 442; 53 Stat. 652), is hereby repealed.
    (b) Existing Executive orders and regulations pertaining to 
the administration of such Act of May 25, 1938, as amended, 
shall remain in effect until superseded by regulations 
prescribed under the provisions of this Act.
    (c) Any reference in the Foreign Service Act of 1946 (60 
Stat. 999), or in any other law, to provisions of such Act of 
May 25, 1938, as amended, shall be construed to be applicable 
to the appropriate provisions of titles III and IX of this Act.

                    utilization of private agencies

    Sec. 1005.\101\ In carrying out the provisions of this Act 
it shall be the duty of the Secretary \74\ to utilize, to the 
maximum extent practicable, the services and facilities of 
private agencies, including existing American press, 
publishing, radio, motion picture, and other agencies, through 
contractual arrangements or otherwise. It is the intent of 
Congress that the Secretary \74\ shall encourage participation 
in carrying out the purposes of this Act by the maximum number 
of different private agencies in each field consistent with the 
present or potential market for their services in each country.
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    \101\ 22 U.S.C. 1437.
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       termination pursuant to concurrent resolution of congress

    Sec. 1006. The authority granted under this Act shall 
terminate whenever such termination is directed by concurrent 
resolution of the two Houses of the Congress.

                        veterans' preference act

    Sec. 1007.\102\ No provision of this Act shall be construed 
to modify or to repeal the provisions of the Veterans' 
Preference Act of 1944.
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    \102\ 22 U.S.C. 1438.
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                          reports to congress

    Sec. 1008.\103\ * * * [Repealed--1980]
---------------------------------------------------------------------------
    \103\ Sec. 1008, which had required an annual report from the 
Secretary to Congress on expenditures and activities carried out under 
this Act, was repealed by sec. 117 of Public Law 96-470 (94 Stat. 
2240).
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    regulatory provisions to apply to all international information 
        activities and educational exchanges of state department

    Sec. 1009.\104\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \104\ Formerly at 22 U.S.C. 1440. Sec. 1336(1) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) repealed secs. 701, 704, 
807, 808, 811, and 1009 of this Act. Previously, sec. 1009 was repealed 
insofar as it related to educational exchange activities, by sec. 
111(a)(2) of Public Law 87-256 (75 Stat. 538).
---------------------------------------------------------------------------

                       separability of provisions

    Sec. 1010. If any provision of this Act or the application 
of any such provision to any person or circumstance shall be 
held invalid, the validity of the remainder of the Act and the 
applicability of such provision to other persons or 
circumstances shall not be affected thereby.

                     informational media guaranties

    Sec. 1011.\105\ (a) \106\ The Director of the United States 
Information Agency may make guaranties, in accordance with the 
provisions of subsection (b) of section 413 of the Mutual 
Security Act of 1954,\107\ of investments in enterprises 
producing or distributing informational media consistent with 
the national interests of the United States: Provided, That the 
purpose of making informational media guaranties shall be the 
achievement of the foreign policy objectives of the United 
States, including the objective mentioned in sections 
413(b)(4)(A) and 413(b)(4)(G) of the Mutual Security Act of 
1954,\107\ as amended.
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    \105\ 22 U.S.C. 1442.
    \106\ This subsection was added by sec. 544 of the Mutual Security 
Act of 1954 (68 Stat. 862). The proviso was added by sec. 701(c) of the 
Mutual Security Act of 1959 (73 Stat. 257).
    \107\ Sec. 413 of the Mutual Security Act of 1954, which related to 
the encouragement of free enterprise and private participation, was 
repealed by sec. 642(a)(2) of the Foreign Assistance Act of 1961 (75 
Stat. 460). See sec. 601 of such Act for similar language.
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    (b) \108\ The Director is authorized to assume the 
obligation of not to exceed $28,000,000 of the notes authorized 
to be issued pursuant to subsection 111(c)(2) of the Economic 
Cooperation Act of 1948, as amended (22 U.S.C. 1509(c)(2)), 
together with the interest accrued and unpaid thereon, and to 
obtain advances from time to time from the Secretary of the 
Treasury up to such amount, less amounts previously advanced on 
such notes, as provided for in said notes. Such advances shall 
be deposited in a special account in the Treasury available for 
payments under informational media guaranties.
---------------------------------------------------------------------------
    \108\ Subsecs. (b) through (g) were added by sec. 11(g) of the 
Mutual Security Act of 1956 (70 Stat. 563).
---------------------------------------------------------------------------
    (c) \108\ The Director is authorized to make informational 
media guaranties without regard to the limitations of time 
contained in subsection 413(b)(4) of the Mutual Security Act of 
1954, as amended (22 U.S.C. 1933(b)(4)), but the total of such 
guaranties outstanding at any one time shall not exceed the sum 
of the face amount of the notes assumed by the Director less 
the amounts previously advanced on such notes by the Secretary 
of the Treasury plus the amount of the funds in the special 
account referred to in subsection (b).
    (d) \108\ Foreign currencies available after June 30, 1955, 
from conversions made pursuant to the obligation of 
informational media guaranties may be sold, in accordance with 
Treasury Department regulations, for dollars which shall be 
deposited in the special account and shall be available for 
payments under new guaranties. Such currencies shall be 
available, as may be provided for by the Congress in 
appropriation Acts, for use of educational, scientific, and 
cultural purposes which are in the national interest of the 
United States, and for such other purposes of mutual interest 
as may be agreed to by the governments of the United States and 
the country from which the currencies derive.
    (e) \108\ Notwithstanding the provisions of subparagraph 
413(b)(4)(E) of the Mutual Security Act of 1954, as amended (22 
U.S.C. 1933(b)(4)(E), (1) fees collected for the issuance of 
informational media guaranties shall be deposited in the 
special account and shall be available for payments under 
informational media guaranties; and (2) the Director may 
require the payment of a minimum charge of up to fifty dollars 
for issuance of guaranty contracts, or amendments thereto.
    (f) \108\ The Director is further authorized, under such 
terms as he may prescribe, to make advance payments under 
informational media guaranties: Provided, That currencies 
receivable from holders of such guaranties on account of such 
advance payments shall be paid to the United States within nine 
months from the date of the advance payment and that 
appropriate security to assure such payments is required before 
any advance payment is made.
    (g) \108\ As soon as feasible after the enactment of this 
subsection, all assets, liabilities, income, expenses, and 
charges of whatever kind pertaining to informational media 
guaranties, including any charges against the authority to 
issue notes provided in section 111(c)(2) of the Economic 
Cooperation Act of 1948, as amended, cumulative from the 
enactment of that Act, shall be accounted for separately from 
other guaranties issued pursuant to subsection 413(b) of the 
Mutual Security Act of 1954, as amended (22 U.S.C. 1933(b)): 
Provided, That there shall be transferred from the special 
account established pursuant to subsection (b), into the 
account available for payments under guaranties other than 
informational media guaranties, an amount equal to the total of 
the fees received for the issuance of guaranties other than 
informational media guaranties, and used to make payments under 
informational media guaranties.
    (h) \109\ (1) There is authorized to be appropriated 
annually an amount to restore in whole or in part any realized 
impairment to the capital used in carrying on the authority to 
make informational media guaranties, as provided in subsection 
(c), through the end of the last completed fiscal year.
---------------------------------------------------------------------------
    \109\ Subsec. (h) was added by sec. 502(i) of the Mutual Security 
Act of 1958 (72 Stat. 274).
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    (2) Such impairment shall consist of the amount by which 
the losses incurred and interest accrued on notes exceed the 
revenue earned and any previous appropriations made for the 
restoration of impairment. Losses shall include the dollar 
losses on foreign currencies sold, and the dollar cost of 
foreign currencies which (a) the Secretary of the Treasury, 
after consultation with the Director, has determined to be 
unavailable for, in excess of, requirements of the United 
States, or (b) have been transferred to other accounts without 
reimbursement to the special account.
    (3) Dollars appropriated pursuant to this section shall be 
applied to the payment of interest and in satisfaction of notes 
issued or assumed hereunder, and to the extent of such 
application to the principal of the notes, the Director is 
authorized to issue notes to the Secretary of the Treasury 
which will bear interest at a rate to be determined by the 
Secretary of the Treasury, taking into consideration the 
current average market yields of outstanding marketable 
obligations of the United States having maturities comparable 
to the guaranties. The currencies determined to be unavailable 
for, or in excess of requirements of the United States as 
provided above shall be transferred to the Secretary of the 
Treasury to be held until disposed of, and any dollar proceeds 
realized from such disposition shall be deposited in 
miscellaneous receipts.
    (4) \110\ Section 701(a) of this Act shall not apply with 
respect to any amounts appropriated under this section for the 
purpose of liquidating the notes (and any accrued interest 
thereon) which were assumed in the operation of the 
informational media guaranty program under this section and 
which were outstanding on the date of enactment of this 
paragraph.
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    \110\ Paragraph (4) was added by sec. 304(f) of Public Law 97-241 
(96 Stat. 293).
---------------------------------------------------------------------------

SEC. 1012.\112\ NATIONAL SECURITY MEASURES.

    (a) Restriction.--In coordination with other appropriate 
executive branch officials, the Secretary of State shall take 
all appropriate steps to--
---------------------------------------------------------------------------
    \112\ 22 U.S.C. 1442a. Sec. 403 of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 
106-113; 113 Stat. 1536), added sec. 1012.
---------------------------------------------------------------------------
          (1) prevent any agent of a foreign power from 
        participating in educational and cultural exchange 
        programs under this Act;
          (2) ensure that no person who is involved in the 
        research, development, design, testing, evaluation, or 
        production of missiles or weapons of mass destruction 
        is a participant in any program of educational or 
        cultural exchange under this Act if such person is 
        employed by, or attached to, an entity within a country 
        that has been identified by any element of the United 
        States intelligence community (as defined by section 
        3(4) of the National Security Act of 1947) within the 
        previous 5 years as having been involved in the 
        proliferation of missiles or weapons of mass 
        destruction; and
          (3) ensure that no person who is involved in the 
        research, development, design, testing, evaluation, or 
        production of chemical or biological weapons for 
        offensive purposes is a participant in any program of 
        educational or cultural exchange under this Act.
    (b) Definitions.--
          (1) The term ``appropriate executive branch 
        officials'' means officials from the elements of the 
        United States Government listed pursuant to section 101 
        of the Intelligence Authorization Act for Fiscal Year 
        1999 (Public Law 105-272).
          (2) The term ``agent of a foreign power'' has the 
        same meaning as set forth in section 101(b)(1)(B) and 
        (b)(2) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801), and does not include any person 
        who acts in the capacity defined under section 
        101(b)(1)(A) of such Act.
         b. Voice of America--Availability of Africa Materials

 Partial text of Public Law 106-309 [Microenterprise for Self-Reliance 
 and International Anti-Corruption Act of 2000; H.R. 1143], 114 Stat. 
                    1078, approved October 17, 2000

  AN ACT To establish a program to provide assistance for programs of 
credit and other financial services for microenterprises in developing 
                   countries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                   TITLE IV--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 406. AVAILABILITY OF VOA AND RADIO MARTI MULTILINGUAL COMPUTER 
                    READABLE TEXT AND VOICE RECORDINGS.

    Section 1(b) of Public Law 104-269 (110 Stat. 3300) is 
amended by striking ``5 years'' and inserting ``10 years''.\1\
---------------------------------------------------------------------------
    \1\ Public Law 104-269 provides for Voice of America and Radio 
Marti multilingual computer readable text and voice recordings to be 
made available to the Linguistic Data Consortium of the University of 
Pennsylvania, effective October 9, 1996.
---------------------------------------------------------------------------

SEC. 407. AVAILABILITY OF CERTAIN MATERIALS OF THE VOICE OF AMERICA.

    (a) Authority.--
          (1) In general.--Subject to the provisions of this 
        section, the Broadcasting Board of Governors (in this 
        section referred to as the ``Board'') is authorized to 
        make available to the Institute for Media Development 
        (in this section referred to as the ``Institute''), at 
        the request of the Institute, previously broadcast 
        audio and video materials produced by the Africa 
        Division of the Voice of America.
          (2) Deposit of materials.--Upon the request of the 
        Institute and the approval of the Board, materials made 
        available under paragraph (1) may be deposited with the 
        University of California, Los Angeles, or such other 
        appropriate institution of higher education (as defined 
        in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)) that is approved by the Board for 
        such purpose.
          (3) Supersedes existing law.--Materials made 
        available under paragraph (1) may be provided 
        notwithstanding section 501 of the United States 
        Information and Educational Exchange Act of 1948 (22 
        U.S.C. 1461) and section 208 of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (22 
        U.S.C. 1461-1a).
    (b) Limitations.--
          (1) Authorized purposes.--Materials made available 
        under this section shall be used only for academic and 
        research purposes and may not be used for public or 
        commercial broadcast purposes.
          (2) Prior agreement required.--Before making 
        available materials under subsection (a)(1), the Board 
        shall enter into an agreement with the Institute 
        providing for--
                  (A) reimbursement of the Board for any 
                expenses involved in making such materials 
                available;
                  (B) the establishment of guidelines by the 
                Institute for the archiving and use of the 
                materials to ensure that copyrighted works 
                contained in those materials will not be used 
                in a manner that would violate the copyright 
                laws of the United States (including 
                international copyright conventions to which 
                the United States is a party);
                  (C) the indemnification of the United States 
                by the Institute in the event that any use of 
                the materials results in violation of the 
                copyright laws of the United States (including 
                international copyright conventions to which 
                the United States is a party);
                  (D) the authority of the Board to terminate 
                the agreement if the provisions of paragraph 
                (1) are violated; and
                  (E) any other terms and conditions relating 
                to the materials that the Board considers 
                appropriate.
    (c) Crediting of Reimbursements to Board Appropriations 
Account.--Any reimbursement of the Board under subsection (b) 
shall be deposited as an offsetting collection to the currently 
applicable appropriation account of the Board.
    (d) Termination of Authority.--The authority provided under 
this section shall cease to have effect on the date that is 5 
years after the date of the enactment of this Act.
          * * * * * * *
  c. United States Informational, Educational, and Cultural Programs 
               Authorization, Fiscal Years 2000 and 2001

    Title IV of the Admiral James W. Nance and Meg Donovan Foreign 
  Relations Authorization Act, Fiscal Years 2000 and 2001 [H.R. 3427, 
  enacted by reference in sec. 1000(a)(7) of Public Law 106-113], 113 
                Stat. 1536), approved November 29, 2000

  A BILL To authorize appropriations for the Department of State for 
fiscal years 2000 and 2001; to provide for enhanced security at United 
  States diplomatic facilities; to provide for certain arms control, 
nonproliferation, and other national security measures; to provide for 
         reform of the United Nations; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

   TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                 Subtitle A--Authorities and Activities

SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR 
                    TIBETANS AND BURMESE.

    (a) Designation of Ngawang Choephel Exchange Programs.--
Section 103(a) of the Human Rights, Refugee, and Other Foreign 
Relations Provisions Act of 1996 (Public Law 104-319) is 
amended by inserting after the first sentence the following: 
``Exchange programs under this subsection shall be known as the 
`Ngawang Choephel Exchange Programs'.''.
    (b) Scholarships for Tibetans and Burmese.--Section 
103(b)(1) of the Human Rights, Refugee, and Other Foreign 
Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 
2151 note) is amended by striking ``for the fiscal year 1999'' 
and inserting ``for the fiscal year 2000''.
    (c) Scholarships for Preservation of Tibet's Culture, 
Language, and Religion.--Section 103(b)(1) of the Human Rights, 
Refugee, and Other Foreign Relations Provisions Act of 1996 
(Public Law 104-319; 22 U.S.C. 2151 note) is further amended by 
striking ``Tibet,'' and inserting ``Tibet (whenever practical 
giving consideration to individuals who are active in the 
preservation of Tibet's culture, language, and religion),''.

SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE 
                    PROGRAMS.

    Section 102 of the Human Rights, Refugee, and Other Foreign 
Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 
2452 note) is amended to read as follows: * * *

SEC. 403. NATIONAL SECURITY MEASURES.

    The United States Information and Educational Exchange Act 
of 1948 (22 U.S.C. 1431 et seq.) is amended by adding after 
section 1011 the following new section: * * * \1\
---------------------------------------------------------------------------
    \1\ Sec. 403 added a new sec. 1012 to the USIEE Act of 1948 (22 
U.S.C. 1442a).
---------------------------------------------------------------------------

SEC. 404. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
                    DIPLOMACY.

    (a) Restoration of Advisory Commission.--Section 1334 of 
the Foreign Affairs Reform and Restructuring Act of 1998 (as 
enacted in division G of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999; Public Law 105-277) is 
amended to read as follows:

``SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
                    DIPLOMACY.

    ``The United States Advisory Commission on Public 
Diplomacy, established under section 604 of the United States 
Information and Educational Exchange Act of 1948 (22 U.S.C. 
1469) and section 8 of Reorganization Plan Numbered 2 of 1977, 
shall continue to exist and operated under such provisions of 
law until October 1, 2001.''.
    (b) \2\ Retroactivity of Effective Date.--The amendment 
made by subsection (a) shall take effect as if included in the 
enactment of the Foreign Affairs Reform and Restructuring Act 
of 1998.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 1469 note.
---------------------------------------------------------------------------
    (c) Reenactment and Repeal of Certain Provisions of Law.--
          (1) Reenactment.--The provisions of law repealed by 
        section 1334 of the Foreign Affairs Reform and 
        Restructuring Act of 1998, as in effect before the date 
        of the enactment of this Act, are hereby reenacted into 
        law.
          (2) Repeal.--Effective September 30, 2001, section 
        604 of the United States Information and Educational 
        Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of 
        the Reorganization Plan Numbered 2 of 1977 are 
        repealed.
    (d) \2\ Continuity of Advisory Commission.--Notwithstanding 
any other provision of law, any period of discontinuity of the 
United States Advisory Commission on Public Diplomacy shall not 
affect the appointment or terms of service of members of the 
commission.
    (e) \2\ Reduction in Staff and Budget.--Notwithstanding 
section 604(b) of the United States Information and Educational 
Exchange Act of 1948, effective on the date of the enactment of 
this Act, the United States Advisory Commission on Public 
Diplomacy shall have not more than 2 individuals who are 
compensated staff, and not more than 50 percent of the 
resources allocated in fiscal year 1999.

SEC. 405. ROYAL ULSTER CONSTABULARY TRAINING.

    (a) Training for the Royal Ulster Constabulary.--No funds 
authorized to be appropriated by this or any other Act may be 
used to support any training or exchange program conducted by 
the Federal Bureau of Investigation or any other Federal law 
enforcement agency for the Royal Ulster Constabulary (in this 
section referred to as the ``RUC'') or RUC members until the 
President submits to the appropriate congressional committees 
the report required by subsection (b) and the certification 
described in subsection (c)(1).
    (b) Report on Past Training Programs.--The President shall 
report on training or exchange programs conducted by the 
Federal Bureau of Investigation or other Federal law 
enforcement agencies for the RUC or RUC members during fiscal 
years 1994 through 1999. Such report shall include--
          (1) the number of training or exchange programs 
        conducted during the period of the report;
          (2) the number and rank of the RUC members who 
        participated in such training or exchange programs in 
        each fiscal year;
          (3) the duration and location of such training or 
        exchange programs; and
          (4) a detailed description of the curriculum of the 
        training or exchange programs.
    (c) Certification Regarding Future Training Activities.--
          (1) In general.--The certification described in this 
        subsection is a certification by the President that--
                  (A) training or exchange programs conducted 
                by the Federal Bureau of Investigation or other 
                Federal law enforcement agencies for the RUC or 
                RUC members are necessary to--
                          (i) improve the professionalism of 
                        policing in Northern Ireland; and
                          (ii) advance the peace process in 
                        Northern Ireland;
                  (B) such programs will include in the 
                curriculum a significant human rights 
                component;
                  (C) vetting procedures have been established 
                in the Departments of State and Justice, and 
                any other appropriate Federal agency, to ensure 
                that training or exchange programs do not 
                include RUC members who there are substantial 
                grounds for believing have committed or 
                condoned violations of internationally 
                recognized human rights, including any role in 
                the murder of Patrick Finucane or Rosemary 
                Nelson or other violence or serious threat of 
                violence against defense attorneys in Northern 
                Ireland; and
                  (D) the governments of the United Kingdom and 
                the Republic of Ireland are committed to 
                assisting in the full implementation of the 
                recommendations contained in the Patten 
                Commission report issued September 9, 1999.
          (2) Fiscal year 2001 application.--The President 
        shall make an additional certification under paragraph 
        (1) before any Federal law enforcement agency conducts 
        training for the RUC or RUC members in fiscal year 
        2001.
          (3) Application to successor organizations.--The 
        provisions of this subsection shall apply to any 
        successor organization of the RUC.

    Subtitle B--Russian and Ukrainian Business Management Education

SEC. 421.\3\ PURPOSE.

    The purpose of this subtitle is to establish a training 
program in Russia and Ukraine for nationals of those countries 
to obtain skills in business administration, accounting, and 
marketing, with special emphasis on instruction in business 
ethics and in the basic terminology, techniques, and practices 
of those disciplines, to achieve international standards of 
quality, transparency, and competitiveness.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5812 note.
---------------------------------------------------------------------------

SEC. 422.\3\ DEFINITIONS.

    In this subtitle:
          (1) Distance learning.--The term ``distance 
        learning'' means training through computers, 
        interactive videos, teleconferencing, and 
        videoconferencing between and among students and 
        teachers.
          (2) Eligible enterprise.--The term ``eligible 
        enterprise'' means--
                  (A) in the case of Russia--
                          (i) a business concern operating in 
                        Russia that employs Russian nationals 
                        in Russia; or
                          (ii) a private enterprise that is 
                        being formed or operated by former 
                        officers of the Russian armed forces in 
                        Russia; and
                  (B) in the case of Ukraine--
                          (i) a business concern operating in 
                        Ukraine that employs Ukrainian 
                        nationals in Ukraine; or
                          (ii) a private enterprise that is 
                        being formed or operated by former 
                        officers of the Ukrainian armed forces 
                        in Ukraine.
          (3) Eligible national.--The term ``eligible 
        national'' means the employee of an eligible enterprise 
        who is employed in the program country.
          (4) Program.--The term ``program'' means the program 
        of technical assistance established under section 423.
          (5) Program country.--The term ``program country'' 
        means--
                  (A) Russia in the case of any eligible 
                enterprise operating in Russia that receives 
                technical assistance under the program; or
                  (B) Ukraine in the case of any eligible 
                enterprise operating in Ukraine that receives 
                technical assistance under the program.

SEC. 423.\3\ AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.

    (a) Training Program.--
          (1) In general.--The President is authorized to 
        establish a program of technical assistance to provide 
        the training described in section 421 to eligible 
        enterprises.
          (2) Implementation.--Training shall be carried out by 
        United States nationals having expertise in business 
        administration, accounting, and marketing or by 
        eligible nationals who have been trained under the 
        program. Such training may be carried out--
                  (A) in the offices of eligible enterprises, 
                at business schools or institutes, or at other 
                locations in the program country, including 
                facilities of the armed forces of the program 
                country, educational institutions, or in the 
                offices of trade or industry associations, with 
                special consideration given to locations where 
                similar training opportunities are limited or 
                nonexistent; or
                  (B) by ``distance learning'' programs 
                originating in the United States or in European 
                branches of United States institutions.
    (b) Internships with United States Domestic Business 
Concerns.--Authorized program costs may include the travel 
expenses and appropriate in-country business English language 
training, if needed, of eligible nationals who have completed 
training under the program to undertake short-term internships 
with business concerns in the United States.

SEC. 424.\3\ APPLICATIONS FOR TECHNICAL ASSISTANCE.

    (a) Procedures.--
          (1) In general.--Each eligible enterprise that 
        desires to receive training for its employees and 
        managers under this subtitle shall submit an 
        application to the clearinghouse under subsection (c), 
        at such time, in such manner, and accompanied by such 
        additional information as may reasonably be required.
          (2) Joint applications.--A consortium of eligible 
        enterprises may file a joint application under the 
        provisions of paragraph (1).
    (b) Contents.--An application under subsection (a) may be 
approved only if the application--
          (1) is for an individual or individuals employed in 
        an eligible enterprise or enterprises applying under 
        the program;
          (2) describes the level of training for which 
        assistance under this subtitle is sought;
          (3) provides evidence that the eligible enterprise 
        meets the general policies adopted for the 
        administration of this subtitle;
          (4) provides assurances that the eligible enterprise 
        will pay a share of the costs of the training, which 
        share may include in-kind contributions; and
          (5) provides such additional assurances as are 
        determined to be essential to ensure compliance with 
        the requirements of this subtitle.
    (c) Clearinghouse.--A clearinghouse shall be established or 
designated in each program country to manage and execute the 
program in that country. The clearinghouse shall screen 
applications, provide information regarding training and 
teachers, monitor performance of the program, and coordinate 
appropriate post-program follow-on activities.

SEC. 425.\3\ RESTRICTIONS NOT APPLICABLE.

    Prohibitions on the use of foreign assistance funds for 
assistance for the Russian Federation or for Ukraine shall not 
apply with respect to the funds made available to carry out 
this subtitle.

SEC. 426.\3\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated 
$10,000,000 for the fiscal year 2000 and $10,000,000 for the 
fiscal year 2001 to carry out this subtitle.
    (b) Availability of Funds.--Amounts appropriated under 
subsection (a) are authorized to remain available until 
expended.
  d. United States Informational, Educational, and Cultural Programs 
               Authorization, Fiscal Years 1998 and 1999

Title XXIV of Public Law 105-277 [Foreign Relations Authorization Act, 
   Fiscal Years 1998 and 1999; H.R. 4328], 112 Stat. 2681, approved 
                            October 21, 1998

AN ACT Making omnibus consolidated and emergency appropriations for the 
     fiscal year ending September 30, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

          * * * * * * *

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

          * * * * * * *

  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS

SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND 
                    CULTURAL EXCHANGE 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 North/South Center Act of 
1991, and the National Endowment for Democracy Act, and to 
carry out other authorities in law consistent with such 
purposes:
          (1) International information programs.--For 
        ``International Information Programs'', $427,097,000 
        for the fiscal year 1998 and $455,246,000 for the 
        fiscal year 1999.
          (2) Technology fund.--For the ``Technology Fund'' for 
        the United States Information Agency, $5,050,000 for 
        the fiscal year 1998 and $5,050,000 for the fiscal year 
        1999.
          (3) Educational and cultural exchange programs.--
                  (A) Fulbright academic exchange programs.--
                          (i) Fulbright academic exchange 
                        programs.--There are authorized to be 
                        appropriated for the ``Fulbright 
                        Academic Exchange Programs'' (other 
                        than programs described in subparagraph 
                        (B)), $99,236,000 for the fiscal year 
                        1998 and $100,000,000 for the fiscal 
                        year 1999.
                          (ii) Vietnam fulbright academic 
                        exchange programs.--Of the amounts 
                        authorized to be appropriated under 
                        clause (i), $5,000,000 for the fiscal 
                        year 1998 and $5,000,000 for the fiscal 
                        year 1999 are authorized to be 
                        available for the Vietnam scholarship 
                        program established by section 229 of 
                        the Foreign Relations Authorization 
                        Act, Fiscal Years 1992 and 1993 (Public 
                        Law 102-138).
                  (B) Other educational and cultural exchange 
                programs.--
                          (i) In general.--There are authorized 
                        to be appropriated for other 
                        educational and cultural exchange 
                        programs authorized by law, 
                        $100,764,000 for the fiscal year 1998 
                        and $102,500,000 for the fiscal year 
                        1999.
                          (ii) South pacific exchanges.--Of the 
                        amounts authorized to be appropriated 
                        under clause (i), $500,000 for the 
                        fiscal year 1998 and $500,000 for the 
                        fiscal year 1999 are authorized to be 
                        available for ``South Pacific 
                        Exchanges''.
                          (iii) East timorese scholarships.--Of 
                        the amounts authorized to be 
                        appropriated under clause (i), $500,000 
                        for the fiscal year 1998 and $500,000 
                        for the fiscal year 1999 are authorized 
                        to be available for ``East Timorese 
                        Scholarships''.
                          (iv) Tibetan exchanges.--Of the 
                        amounts authorized to be appropriated 
                        under clause (i), $500,000 for the 
                        fiscal year 1998 and $500,000 for the 
                        fiscal year 1999 are authorized to be 
                        available for ``Educational and 
                        Cultural Exchanges with Tibet'' under 
                        section 236 of the Foreign Relations 
                        Authorization Act, Fiscal Years 1994 
                        and 1995 (Public Law 103-236).
          (4) International broadcasting activities.--
                  (A) Authorization of appropriations.--For 
                ``International Broadcasting Activities'', 
                $340,315,000 for the fiscal year 1998, and 
                $340,365,000 for the fiscal year 1999.
                  (B) Allocation.--Of the amounts authorized to 
                be appropriated under subparagraph (A), the 
                Director of the United States Information 
                Agency and the Broadcasting Board of Governors 
                shall seek to ensure that the amounts made 
                available for broadcasting to nations whose 
                people do not fully enjoy freedom of expression 
                do not decline in proportion to the amounts 
                made available for broadcasting to other 
                nations.
          (5) Radio construction.--For ``Radio Construction'', 
        $40,000,000 for the fiscal year 1998, and $13,245,000 
        for the fiscal year 1999.
          (6) Radio free asia.--For ``Radio Free Asia'', 
        $24,100,000 for the fiscal year 1998 and $22,000,000 
        for the fiscal year 1999, and an additional $8,000,000 
        in fiscal year 1998 for one-time capital costs.
          (7) Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $22,095,000 for the fiscal year 1998 and 
        $22,095,000 for the fiscal year 1999.
          (8) Center for cultural and technical interchange 
        between east and west.--For the ``Center for Cultural 
        and Technical Interchange between East and West'', not 
        more than $12,000,000 for the fiscal year 1998 and not 
        more than $12,500,000 for the fiscal year 1999.
          (9) National endowment for democracy.--For the 
        ``National Endowment for Democracy'', $30,000,000 for 
        the fiscal year 1998 and $31,000,000 for the fiscal 
        year 1999.
          (10) Center for cultural and technical interchange 
        between north and south.--For ``Center for Cultural and 
        Technical Interchange between North and South'' not 
        more than $1,500,000 for the fiscal year 1998 and not 
        more than $1,750,000 for the fiscal year 1999.

                 CHAPTER 2--AUTHORITIES AND ACTIVITIES

SEC. 2411.\1\ 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 
without returning such interest to the Treasury of the United 
States and interest earned may be obligated and expended for 
the purposes for which the grant was made without further 
appropriation.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4416.
---------------------------------------------------------------------------

SEC. 2412. USE OF SELECTED PROGRAM FEES.

    Section 810 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended 
to read as follows: * * *

SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.

    (a) Guidelines.--Section 227(c)(5) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 
note) is amended by inserting ``journalism and communications, 
education administration, public policy, library and 
information science,'' after ``business administration,'' each 
of the two places it appears.
    (b) Redesignation of Soviet Union.--Section 227 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(22 U.S.C. 2452 note) is amended--
          (1) in subsections (a), (b), and (c)(5), by striking 
        ``Soviet Union'' each place it appears and inserting 
        ``independent states of the former Soviet Union'';
          (2) in subsection (c)(11), by striking ``Soviet 
        republics'' and inserting ``independent states of the 
        former Soviet Union''; and
          (3) in the section heading, by inserting 
        ``INDEPENDENT STATES OF THE FORMER'' after ``FROM 
        THE''.

SEC. 2414. WORKING GROUP ON UNITED STATES GOVERNMENT-SPONSORED 
                    INTERNATIONAL EXCHANGES AND TRAINING.

    Section 112 of the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2460) is amended by adding at the end 
the following new subsection: * * *

SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR 
                    TIBETANS AND BURMESE.

    (a) In General.--Section 103(b)(1) of the Human Rights, 
Refugee, and Other Foreign Relations Provisions Act of 1996 
(Public Law 104-319; 22 U.S.C. 2151 note) is amended--
          (1) by striking ``for fiscal year 1997'' and 
        inserting ``for the fiscal year 1999''; and
          (2) by inserting after ``who are outside Tibet'' the 
        following: ``(if practicable, including individuals 
        active in the preservation of Tibet's unique culture, 
        religion, and language)''.
    (b) \2\ Effective Date.--The amendments made by subsection 
(a) shall take effect on October 1, 1998.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------

SEC. 2416. SURROGATE BROADCASTING STUDY.

    Not later than 6 months after the date of enactment of this 
Act, the Broadcasting Board of Governors, acting through the 
International Broadcasting Bureau, should conduct and complete 
a study of the appropriateness, feasibility, and projected 
costs of providing surrogate broadcasting service to Africa and 
transmit the results of the study to the appropriate 
congressional committees.

SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

    (a) Radio Free Iran.--Not more than $2,000,000 of the funds 
made available under section 2401(a)(4) of this division for 
each of the fiscal years 1998 and 1999 for grants to RFE/RL, 
Incorporated, shall be available only for surrogate radio 
broadcasting by 
RFE/RL, Incorporated, to the Iranian people in the Farsi 
language, such broadcasts to be designated as ``Radio Free 
Iran''.
    (b) Report to Congress.--Not later than 60 days after the 
date of enactment of this Act, the Broadcasting Board of 
Governors of the United States Information Agency shall submit 
a detailed report to Congress describing the costs, 
implementation, and plans for creation of the surrogate 
broadcasting service described in subsection (a).
    (c) Availability of Funds.--None of the funds made 
available under subsection (a) may be made available until 
submission of the report required under subsection (b).

SEC. 2418.\3\ AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS.

    The Director of the United States Information Agency is 
authorized to administer summer travel and work programs 
without regard to preplacement requirements.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1474 note.
---------------------------------------------------------------------------

SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING 
                    APPROPRIATIONS.

    Section 701(f) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended 
by striking paragraph (4).

SEC. 2420.\4\ VOICE OF AMERICA BROADCASTS.

    (a) In General.--The Voice of America shall devote 
programming each day to broadcasting information on the 
individual States of the United States. The broadcasts shall 
include--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 6202 note.
---------------------------------------------------------------------------
          (1) information on the products, tourism, and 
        cultural and educational facilities of each State;
          (2) information on the potential for trade with each 
        State; and
          (3) discussions with State officials with respect to 
        the matters described in paragraphs (1) and (2).
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Broadcasting Board of Governors of 
the United States Information Agency shall submit a report to 
Congress detailing the actions that have been taken to carry 
out subsection (a).
    (c) State Defined.--In this section, the term ``State'' 
means any of the several States of the United States, the 
District of Columbia, or any commonwealth or territory of the 
United States.
e. Human Rights, Refugee, and Other Foreign Relations Provisions Act of 
                                  1996

    Partial text of Public Law 104-319 [H.R. 4036], 110 Stat. 3864, 
   approved October 19, 1996; amended by Public Law 105-277 [Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R. 
  4328], 112 Stat. 2681, approved October 21, 1998; and by Public Law 
   106-113 [Admiral James W. Nance and Meg Donovan Foreign Relations 
 Authorization Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by 
 reference in sec. 1000(a)(7) of H.R. 3194], 113 Stat. 1536, approved 
                           November 29, 1999

   AN ACT Making certain provisions with respect to internationally 
       recognized human rights, refugees, and foreign relations.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Human Rights, Refugee, and 
Other Foreign Relations Provisions Act of 1996''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows: * * *

                 TITLE I--FOREIGN RELATIONS PROVISIONS

SEC. 101. EXTENSION OF CERTAIN ADJUDICATION PROVISIONS.

    The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is 
amended * * * \2\
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    \2\ See Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------

SEC. 102.\3\ CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE 
                    PROGRAMS.

    (a) In General.--In carrying out programs of educational 
and cultural exchange in countries whose people do not fully 
enjoy freedom and democracy, the Secretary of State, with the 
assistance of the Under Secretary of State for Public 
Diplomacy, shall provide, where appropriate, opportunities for 
significant participation in such programs to nationals of such 
countries who are--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2452 note. Sec. 402 of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 
106-113; 113 Stat. 1536) amended and restated sec. 102. It previously 
read as follows:
    ``SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE 
PROGRAMS.
    ``In carrying out programs of educational and cultural exchange in 
countries whose people do not fully enjoy freedom and democracy 
(including but not limited to China, Vietnam, Cambodia, Tibet, and 
Burma), the Director of the United States Information Agency shall take 
appropriate steps to provide opportunities for participation in such 
programs to human rights and democracy leaders of such countries.''.
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          (1) human rights or democracy leaders of such 
        countries; or
          (2) committed to advancing human rights and 
        democratic values in such countries.
    (b) Grantee Organizations.--To the extent practicable, 
grantee organizations selected to operate programs described in 
subsection (a) shall be selected through an open competitive 
process. Among the factors that should be considered in the 
selection of such a grantee are the willingness and ability of 
the organization to--
          (1) recruit a broad range of participants, including 
        those described in paragraphs (1) and (2) of subsection 
        (a); and
          (2) ensure that the governments of the countries 
        described in subsection (a) do not have inappropriate 
        influence in the selection process.

SEC. 103. 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. Exchange programs under this 
subsection shall be known as the ``Ngawang Choephel Exchange 
Programs''.\4\
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2452 note. Sec. 401(a) of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public 
Law 106-113; 113 Stat. 1536), inserted this sentence.
---------------------------------------------------------------------------
    (b) Scholarships for Tibetans and Burmese.--
          (1) Subject to the availability of appropriations, 
        for fiscal year 2000 \5\ at least 30 scholarships shall 
        be made available to Tibetan students and professionals 
        who are outside Tibet (whenever practical giving 
        consideration to individuals who are active in the 
        preservation of Tibet's culture, language, and 
        religion), (if practicable, including individuals 
        active in the preservation of Tibet's unique culture, 
        religion, and language) \6\ and at least 15 
        scholarships shall be made available to Burmese 
        students and professionals who are outside Burma.
---------------------------------------------------------------------------
    \5\ Sec. 103(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``for the fiscal year 1999'' and inserted 
in lieu thereof ``for the fiscal year 2000''. Previously, sec. 
2415(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 
1998 and 1999 (Public Law 105-277; 112 Stat. 2681-834), struck out 
``for fiscal year 1997'' and inserted in lieu thereof ``for the fiscal 
year 1999''.
    \6\ Sec. 2415(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-834), 
inserted after ``who are outside Tibet'' the following parenthetical 
phrase: (if practicable, including individuals active in the 
preservation of Tibet's unique culture, religion, and language). 
Subsequently, sec. 103(c) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``Tibet,'' and inserted in lieu thereof 
``Tibet (whenever practical giving consideration to individuals who are 
active in the preservation of Tibet's culture, language, and 
religion),'', resulting in the redundant and awkward language.
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          (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. 104. 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.''.

              TITLE II--FOREIGN ASSISTANCE PROVISIONS \7\

          * * * * * * *
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    \7\ For title II, see Legislation on Foreign Relations Through 
2001, vol. I-B for freestanding section relating to foreign assistance 
to Mauritania, and vol. I-A, Foreign Assistance Act, secs. 116 and 502B 
as amended.
---------------------------------------------------------------------------

  TITLE III--CLAIBORNE PELL INSTITUTE FOR INTERNATIONAL RELATIONS AND 
                           PUBLIC POLICY \8\

          * * * * * * *
---------------------------------------------------------------------------
    \8\ See 110 Stat. 3867.
 f. United States Information Agency Authorization, Fiscal Years 1994 
                                and 1995

  Partial text of Public Law 103-236 [Foreign Relations Authorization 
  Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 420, 
    approved April 30, 1994; amended by Public Law 105-244 [Higher 
Education Amendments of 1998; H.R. 6], 112 Stat. 1581, approved October 
   7, 1998; Public Law 105-277 [Foreign Relations Authorization Act, 
   Fiscal Years 1998 and 1999; H.R. 4328], 112 Stat. 2681, approved 
October 21, 1998; and by Public Law 106-113 [Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
   2001; H.R. 3427, enacted by reference], 113 Stat. 1536, approved 
                           November 29, 1999


          Note.--Sections of this title amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate Acts.



   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                PART A--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated to carry out international information activities, 
and educational and cultural exchange programs under the United 
States Information and Educational Exchange Act of 1948, the 
Mutual Educational and Cultural Exchange Act of 1961, 
Reorganization Plan Number 2 of 1977, the Radio Broadcasting to 
Cuba Act, the Television Broadcasting to Cuba Act, the Board 
for International Broadcasting Act, the Inspector General Act 
of 1978, the Center for Cultural and Technical Interchange 
Between North and South Act, the National Endowment for 
Democracy Act, and to carry out other authorities in law 
consistent with such purposes:
          (1) \1\ Salaries and expenses.--For ``Salaries and 
        Expenses'', $487,988,000 for the fiscal year 1994 and 
        $494,862,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \1\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1190), provided 
$730,000,000 for salaries and expenses.
    Title II, chapter 2 of the Emergency Supplemental Appropriations 
Act of 1994 (Public Law 103-211; 108 Stat. 16) required that $2,000,000 
of the funds made available under this heading in Public Law 103-121 to 
be used to carry out projects involving security construction and 
related improvements for Agency facilities not physically located 
together with Department of State facilities abroad. Title III, chapter 
2 of the same Act (108 Stat. 27), rescinded $2,000,000 from salaries 
and expenses.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1769), provided $476,362,000.
---------------------------------------------------------------------------
          (2) \2\ Educational and cultural exchange programs.--
---------------------------------------------------------------------------
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1994 (Title V of Public Law 103-121; 108 Stat. 1191), provided 
$242,000,000 for educational and cultural exchange programs.
    Title III, chapter 2, of Public Law 103-211 (108 Stat. 28), 
rescinding certain budget authority, however, rescinded $850,000.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1770), provided $238,279,000, of which $500,000 to be made available 
for the Mike Mansfield Fellowship Program.
---------------------------------------------------------------------------
                  (A) Fulbright academic exchange programs.--
                For the ``Fulbright Academic Exchange 
                Programs'', $130,538,000 for the fiscal year 
                1994 and $126,312,000 for the fiscal year 1995.
                  (B) Other programs.--For ``Hubert H. Humphrey 
                Fellowship Program'', ``Edmund S. Muskie 
                Fellowship Program'', ``International Visitors 
                Program'', ``Israeli-Arab Scholarship 
                Program'', ``Mike Mansfield Fellowship 
                Program'', ``Claude and Mildred Pepper 
                Scholarship Program of the Washington Workshops 
                Foundation'', ``Citizen Exchange Programs'', 
                ``Congress-Bundestag Exchange Program'', 
                ``Newly Independent States and Eastern Europe 
                Training'', ``Institute for Representative 
                Government'', ``American Studies Collections'', 
                ``South Pacific Exchanges'', ``East Timorese 
                Scholarships'', ``Cambodian Scholarships'', and 
                ``Arts America'', $96,962,000 for the fiscal 
                year 1994 and $97,046,000 for the fiscal year 
                1995.
          (3) \3\ Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $21,000,000 for the fiscal year 1994 and 
        $27,609,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \3\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1192), provided $14 
million for radio broadcasting to Cuba and $7 million for television 
broadcasting to Cuba for fiscal year 1994. That Act also established an 
Advisory Panel on Radio Marti and TV Marti. For provisos relating to 
appropriations, and function of the Advisory Panel, see Public Law 103-
121.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1772), provided $24,809,000 for radio and television transmission to 
Cuba.
---------------------------------------------------------------------------
          (4) \4\ International broadcasting activities.--For 
        ``International Broadcasting Activities'' under title 
        III, $541,676,000 for the fiscal year 1994, and 
        $609,740,000 for the fiscal year 1995.
---------------------------------------------------------------------------
    \4\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1189), provided 
$210,000,000 for grants and expenses.
    Title III, chapter 2, of Public Law 103-211 (108 Stat. 27, 28), 
rescinding certain budget authority, however, rescinded $1,700,000 for 
the Israel relay station, and another $2,000,000 for radio 
construction.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (Public Law 103-317; 108 Stat. 1770) provided 
$468,796,000.
---------------------------------------------------------------------------
          (5) \5\ Office of the inspector general.--For 
        ``Office of the Inspector General'', $4,247,000 for the 
        fiscal year 1994 and $4,396,000 for the fiscal year 
        1995.
---------------------------------------------------------------------------
    \5\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1190), provided 
$4,247,000 for the Office of Inspector General.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1769), provided $4,300,000.
---------------------------------------------------------------------------
          (6) \6\ Center for cultural and technical interchange 
        between east and west.--For ``Center for Cultural and 
        Technical Interchange between East and West'', 
        $26,000,000 for the fiscal year 1994 and $24,500,000 
        for the fiscal year 1995.
---------------------------------------------------------------------------
    \6\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1191), provided 
$26,000,000 for the East-West Center.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1772), provided $24,500,000.
---------------------------------------------------------------------------
          (7) \7\ Title v of public law 98-164.--To carry out 
        title V of Public Law 98-164, $35,000,000 for the 
        fiscal year 1994 and $35,000,000 for the fiscal year 
        1995.
---------------------------------------------------------------------------
    \7\ The Department of State and Related Agencies Appropriations 
Act, 1994 (title V of Public Law 103-121; 108 Stat. 1194), provided 
$35,000,000 for the National Endowment for Democracy.
    For fiscal year 1995, the Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1772), provided $34,000,000 for the National Endowment for Democracy.
---------------------------------------------------------------------------
    (b) Limitations.--
          (1) Of the amounts authorized to be appropriated for 
        ``Salaries and Expenses'' under section 201(a)(1) for 
        fiscal year 1995, $500,000 is authorized to be 
        appropriated for expenses and activities related to 
        United States participation in the 1996 Budapest 
        World's Fair (Budapest Expo '96).
          (2) Of the amounts authorized to be appropriated for 
        ``Fulbright Academic Exchange Programs'' under 
        subsection (a)(2)(A)--
                  (A) $3,000,000 is authorized to be available 
                for fiscal year 1995 for the Vietnam 
                Scholarship Program established by section 229 
                of the Foreign Relations Authorization Act, 
                Fiscal Years 1992 and 1993 (Public Law 102-
                138); and
                  (B) $1,500,000 is authorized to be available 
                for fiscal year 1994 and $2,000,000 is 
                authorized to be available for fiscal year 
                1995, for the ``Environment and Sustainable 
                Development Exchange Program'' established by 
                section 241.
          (3) Of the amounts authorized to be appropriated for 
        ``Other Programs'' under subsection (a)(2)(B) 
        $1,000,000 is authorized to be available for each of 
        the fiscal years 1994 and 1995 for the ``American 
        Studies Collections'' program established under section 
        235.

      PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES

SEC. 221. USIA OFFICE IN LHASA, TIBET.
    (a) Establishment of Office.--The Director of the United 
States Information Agency shall seek to establish an office in 
Lhasa, Tibet, for the purpose of--
          (1) disseminating information about the United 
        States;
          (2) promoting discussions on conflict resolution and 
        human rights;
          (3) facilitating United States private sector 
        involvement in educational and cultural activities in 
        Tibet; and
          (4) advising the United States Government with 
        respect to Tibetan public opinion.
    (b) Report by the Director of USIA.--Not later than April 1 
of each year, the Director of the United States Information 
Agency shall submit a detailed report on developments relating 
to the implementation of this section to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs \8\ of the House of Representatives.
---------------------------------------------------------------------------
    \8\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 222.\9\ CHANGES IN ADMINISTRATIVE AUTHORITIES. * * *

SEC. 223.\10\ EMPLOYMENT AUTHORITY.
    For fiscal years 1994 and 1995, the Director of the United 
States Information Agency may, in carrying out the provisions 
of the United States Information and Educational Exchange Act 
of 1948, employ individuals or organizations by contract for 
services to be performed in the United States or abroad, who 
shall not, by virtue of such employment, be considered to be 
employees of the United States Government for the purposes of 
any law administered by the Office of Personnel Management, 
except that the Director may determine the applicability to 
such individuals of section 804(5) of that Act.
---------------------------------------------------------------------------
    \9\ Sec. 222 amended sec. 801 of the United States Informational 
and Educational Exchange Act of 1948.
    \10\ 22 U.S.C. 1474 note.
---------------------------------------------------------------------------

SEC. 224.\11\ BUYING POWER MAINTENANCE ACCOUNT. * * *

SEC. 225.\12\ CONTRACT AUTHORITY. * * *

SEC. 226. UNITED STATES TRANSMITTER IN KUWAIT.
    None of the funds authorized to be appropriated by this or 
any other Act may be obligated or expended for the design, 
development, or construction of a United States short-wave 
radio transmitter in Kuwait.
---------------------------------------------------------------------------
    \11\ Sec. 224 amended sec. 704(c) of the United States Information 
and Educational Exchange Act of 1948 to establish the Buying Power 
Maintenance account.
    \12\ Sec. 225 amended sec. 802(b) of the United States Information 
and Educational Exchange Act of 1948 relating to the distribution of 
radio and television programs.
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SEC. 227.\13\ FULBRIGHT-HAYS ACT AUTHORITIES. * * *

SEC. 228.\14\ SEPARATE LEDGER ACCOUNTS FOR NED GRANTEES. * * *

SEC. 229. COORDINATION OF UNITED STATES EXCHANGE PROGRAMS.
    (a) \15\ * * *
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    \13\ Sec. 227 amended the Fulbright-Hays Act (Public Law 87-256; 22 
U.S.C. 2455) at sec. 105(a).
    \14\ Sec. 228 amended sec. 504(h)(1) of the National Endowment for 
Democracy Act (title V of Public Law 96-164; 22 U.S.C. 4413(h)(1)).
    \15\ Sec. 229(a) amended sec. 112 of the Mutual Educational and 
Cultural Exchange Act of 1961.
---------------------------------------------------------------------------
    (b) Report by the Director of USIA.--Not later than 120 
days after the date of enactment of this Act, the Director of 
the United States Information Agency shall submit to the 
Committee on Foreign Affairs \8\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate a report--
          (1) detailing the range of exchange programs 
        administered by the Agency;
          (2) identifying possible areas of duplication of 
        inefficiency; and
          (3) recommending program consolidation and 
        administrative restructuring as warranted.
---------------------------------------------------------------------------
    \16\ Formerly at 22 U.S.C. 2452 note. Sec. 204 of the Admiral James 
W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal 
Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) 
of Public Law 106-113; 113 Stat. 1536), stated limitations on the 
Department of State in obligating funds for international expositions; 
see 22 U.S.C. 2452b. Sec. 204(e) of that law also repealed sec. 230, 
which had provided as follows:
    ``Notwithstanding any other provision of law, the United States 
Information Agency shall not obligate or expend any funds for a United 
States Government funded pavilion or other major exhibit at any 
international exposition or world's fair registered by the Bureau of 
International Expositions in excess of amounts expressly authorized and 
appropriated for such purpose.''.
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SEC. 230.\16\ LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL 
                    EXPOSITIONS. * * * [Repealed--1999]

SEC. 231.\17\ PRIVATE SECTOR OPPORTUNITIES. * * *

SEC. 232.\18\ AUTHORITY TO RESPOND TO PUBLIC INQUIRIES. * * *

SEC. 233.\19\ TECHNICAL AMENDMENT RELATING TO NEAR AND MIDDLE EAST 
                    RESEARCH AND TRAINING. * * *

SEC. 234. DISTRIBUTION WITHIN THE UNITED STATES OF CERTAIN MATERIALS OF 
                    THE UNITED STATES INFORMATION AGENCY.
    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),\20\ the Director of the United States Information Agency 
may make available for distribution within the United States 
the following:
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    \17\ Sec. 231 amended the Mutual Educational and Cultural Exchange 
Act of 1961 (Public Law 87-256) at sec. 104(e)(4).
    \18\ Sec. 232 amended sec. 208 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 22 
U.S.C. 1461-1a).
    \19\ Sec. 233 amended sec. 228(d) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 
U.S.C. 2452 note).
    \20\ See box note at page 1228-1229.
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          (1) The United States Information Agency's Thomas 
        Jefferson Paper Show, which commemorates the 250th 
        anniversary of the birth of Thomas Jefferson.
          (2) The documentary entitled ``Crimes Against 
        Humanity'', a film about the ensuing conflict in the 
        former Yugoslavia.

SEC. 235.\21\ AMERICAN STUDIES COLLECTIONS.
    (a) Authority.--In order to promote a thorough 
understanding of the United States among emerging elites 
abroad, the Director of the United States Information Agency is 
authorized to establish and support collections at appropriate 
university libraries abroad to further the study of the United 
States, and to enter into agreements with such universities for 
such purposes.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2452 note.
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    (b) Design and Development.--Such collections--
          (1) shall be developed in consultation with United 
        States associations and organizations of scholars in 
        the principal academic disciplines in which American 
        studies are conducted; and
          (2) shall be designed primarily to meet the needs of 
        undergraduate and graduate students of American 
        studies.
    (c) Site Selection.--In selecting universities abroad as 
sites for such collections, the Director shall--
          (1) ensure that such universities are able, within a 
        reasonable period of the establishment of such 
        collections, to assume responsibility for their 
        maintenance in current form;
          (2) ensure that undergraduate and graduate students 
        shall enjoy reasonable access to such collections; and
          (3) include in any agreement entered into between the 
        United States Information Agency and a university 
        abroad, terms embodying a contractual commitment of 
        such maintenance and access under this subsection.
    (d) Funding.--
          (1) The Director of the United States Information 
        Agency is authorized to establish an endowment fund 
        (hereafter in this section referred to as the ``fund'') 
        to carry out the purposes of this section and to enter 
        into such agreements as may be necessary to carry out 
        the purposes of this section.
          (2)(A) The Director shall make deposits to the fund 
        of amounts appropriated or otherwise made available to 
        carry out this section.
          (B) The Director is authorized to accept, use, and 
        dispose of gifts of donations of services or property 
        to carry out this section. Sums donated to carry out 
        the purposes of this section shall be deposited into 
        the fund.
          (3) The corpus of the fund shall be invested in 
        federally-insured bank savings accounts or comparable 
        interest-bearing accounts, certificates of deposit, 
        money market funds, obligations of the United States, 
        or other low-risk instruments and securities.
          (4) The Director may withdraw or expend amounts from 
        the fund for any expenses necessary to carry out the 
        purposes of this section.
    (e) Availability of Authorizations of Appropriations.--
Authorizations of appropriations for the purposes of this 
section shall be available without fiscal year limitation and 
shall remain available until used.

SEC. 236.\21\ EDUCATIONAL AND CULTURAL EXCHANGES WITH TIBET.
    The Director of the United States Information Agency shall 
establish programs of educational and cultural exchange between 
the United States and the people of Tibet. Such programs shall 
include opportunities for training and, as the Director 
considers appropriate, may include the assignment of personnel 
and resources abroad.\22\
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    \22\ Sec. 2401(3)(iv) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-831), provided:
    ``(iv) Tibetan exchanges.--Of the amounts authorized to be 
appropriated under clause (i), $500,000 for the fiscal year 1998 and 
$500,000 for the fiscal year 1999 are authorized to be available for 
`Educational and Cultural Exchanges with Tibet' under section 236 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236).''.
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SEC. 237.\21\ SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
    Notwithstanding any other provision of law, the Bureau of 
Educational and Cultural Affairs of the United States 
Information Agency shall make available for each of the fiscal 
years 1994 and 1995, scholarships for East Timorese students 
qualified to study in the United States for the purpose of 
studying at the undergraduate level in a United States college 
or university. Each scholarship made available under this 
subsection shall be for not less than one semester of study.

SEC. 238.\21\ CAMBODIAN SCHOLARSHIP AND EXCHANGE PROGRAMS.
    (a) Purpose.--It is the purpose of this section to provide 
financial assistance--
          (1) to establish a scholarship program for Cambodian 
        college and post-graduate students to study in the 
        United States; and
          (2) to expand Cambodian participation in exchange 
        programs of the United States Information Agency.
    (b) Program.--(1) The Director of the United States 
Information Agency shall establish a scholarship program to 
enable Cambodian college students and post-graduate students to 
study in the United States.
    (2) The Director of the United States Information Agency 
shall also include qualified Cambodian citizens in exchange 
programs funded or otherwise sponsored by the Agency, in 
particular the Fulbright Academic Program, the International 
Visitor Program, and the Citizen Exchange Program.
    (c) Definition.--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. 239.\21\ INCREASING AFRICAN PARTICIPATION IN USIA EXCHANGE 
                    PROGRAMS.
    The Director of the United States Information Agency shall 
expand exchange program allocations to Africa, in particular 
Fulbright Academic Exchanges, International Visitor Programs, 
and Citizen Exchanges, and shall further encourage a broadening 
of affiliations and links between United States and African 
institutions.

SEC. 240.\21\ ENVIRONMENT AND SUSTAINABLE DEVELOPMENT EXCHANGE PROGRAM.
    (a) Purpose.--The purpose of this section is to establish a 
program to promote academic exchanges in disciplines relevant 
to environment and sustainable development.
    (b) Program Authority.--Notwithstanding any other provision 
of law, the Director of the United States Information Agency, 
through the Bureau of Educational and Cultural Affairs, shall 
provide scholarships beginning in the fiscal year 1994, and for 
each fiscal year thereafter, for study at United States 
institutions of higher education in furtherance of the purpose 
of this section for foreign students who have completed their 
undergraduate education and for postsecondary educators.
    (c) Guidelines.--The scholarship program under this section 
shall be carried out in accordance with the following 
guidelines:
          (1) Consistent with section 112(b) of the Mutual 
        Educational and Cultural Exchange Act of 1961 (22 
        U.S.C. 2460(b)), all programs created pursuant to this 
        Act shall be nonpolitical and balanced, and shall be 
        administered in keeping with the highest standards of 
        academic integrity and cost-effectiveness.
          (2) The United States Information Agency shall 
        administer this program under the auspices of the 
        Fulbright Academic Exchange Program.
          (3) The United States Information Agency shall ensure 
        the regional diversity of this program through the 
        selection of candidates from Asia, Africa, Latin 
        America, as well as Europe and the Middle East.
    (d) Definition.--For purposes of this section, the term 
``institution of higher education'' has the same meaning given 
to such term by section 101 \23\ of the Higher Education Act of 
1965.
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    \23\ Sec. 102(a)(7)(A) of Public Law 105-244 (112 Stat. 1619) 
struck out ``1201(a)'' and inserted in lieu thereof ``101''.
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SEC. 241.\21\ SOUTH PACIFIC EXCHANGE PROGRAMS.
    (a) Authorized Programs.--The Director of the United States 
Information Agency is authorized to award academic scholarships 
to qualified students from the sovereign nations of the South 
Pacific region to pursue undergraduate and postgraduate study 
at institutions of higher education in the United States; to 
make grants to accomplished United States scholars and experts 
to pursue research, to teach, or to offer training in such 
nations; and to make grants for youth exchanges.
    (b) Limitation.--Grants awarded to United States scholars 
and experts may not exceed 10 percent of the total funds 
awarded for any fiscal year for programs under this section.

SEC. 242.\21\ INTERNATIONAL EXCHANGE PROGRAMS INVOLVING DISABILITY 
                    RELATED MATTERS.
    (a) Authority.--In carrying out the authorities of section 
102(b) of the Mutual Educational and Cultural Exchange Act of 
1961 (22 U.S.C. 2452(b)), the President shall ensure that such 
authorities are used to promote educational, cultural, medical, 
and scientific meetings, training, research, visits, 
interchanges, and other activities, with respect to disability 
matters, including participation by individuals with 
disabilities (within the meaning of section 3(2) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)) in 
such activities, through such nonprofit organizations as have a 
demonstrated capability to coordinate exchange programs 
involving disability-related matters.
    (b) Report.--Not later than 180 days after the date of 
enactment of this Act, the Director of the United States 
Information Agency shall submit a report to Congress describing 
implementation of the requirements of this section.
    (c) Annual Summary of Activities.--As part of the 
Congressional presentation materials submitted in connection 
with the annual budget request for the United States 
Information Agency, the Director of the Agency shall include a 
summary of the international exchange activities which meet the 
requirements of this section.

                   PART C--MIKE MANSFIELD FELLOWSHIPS

SEC. 251.\24\ SHORT TITLE.
    This part may be cited as the ``Mike Mansfield Fellowship 
Act''.
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    \24\ 22 U.S.C. 6101 note.
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SEC. 252.\25\ ESTABLISHMENT OF FELLOWSHIP PROGRAM.
    (a) Establishment.--(1) There is hereby established the 
``Mike Mansfield Fellowship Program'' pursuant to which the 
Director of the United States Information Agency will make 
grants, subject to the availability of appropriations, to the 
Mansfield Center for Pacific Affairs to award fellowships to 
eligible United States citizens for periods of 2 years each 
(or, pursuant to section 253(5)(C), for such shorter period of 
time as the Center may determine based on a Fellow's level of 
proficiency in the Japanese language or knowledge of the 
political economy of Japan) as follows:
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 6101.
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          (A) During the first year each fellowship recipient 
        will study the Japanese language as well as Japan's 
        political economy.
          (B) During the second year each fellowship recipient 
        will serve as a fellow in a parliamentary office, 
        ministry, or other agency of the Government of Japan 
        or, subject to the approval of the Center, a 
        nongovernmental Japanese institution associated with 
        the interests of the fellowship recipient, and the 
        agency of the United States Government from which the 
        fellow originated, consistent with the purposes of this 
        part.
    (2) Fellowships under this part may be known as ``Mansfield 
Fellowships'', and individuals awarded such fellowships may be 
known as ``Mansfield Fellows''.
    (b) Eligibility of Center for Grants.--Grants may be made 
to the Center under this section only if the Center agrees to 
comply with the requirements of section 253.
    (c) International Agreement.--The Director of the United 
States Information Agency should enter into negotiations for an 
agreement with the Government of Japan for the purpose of 
placing fellows in the Government of Japan.
    (d) Private Sources.--The Center is authorized to accept, 
use, and dispose of gifts or donations of services or property 
in carrying out the fellowship program, subject to the review 
and approval of the Director of the United States Information 
Agency.
    (e) Use of Federal Facilities.--The National Foreign 
Affairs Training Center is authorized and encouraged to assist, 
on a reimbursable basis, in carrying out Japanese language 
training by the Center through the provision of teachers, 
classroom space, teaching materials, and facilities, to the 
extent that such provision is not detrimental to the 
Institute's carrying out its other responsibilities under law.

SEC. 253.\26\ PROGRAM REQUIREMENTS.
    The program established under this part shall comply with 
the following requirements:
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 6102.
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          (1) United States citizens who are eligible for 
        fellowships under this part shall be employees of the 
        Federal Government having at least two years experience 
        in any branch of the Government, a strong career 
        interest in United States-Japan relations, and a 
        demonstrated commitment to further service in the 
        Federal Government, and such other qualifications as 
        are determined by the Center.
          (2) Not more than 10 fellowships may be awarded each 
        year of which not more than 3 shall be awarded to 
        individuals who are not detailed employees of the 
        Government.
          (3)(A) Fellows shall agree to maintain satisfactory 
        progress in language training and appropriate behavior 
        in Japan, as determined by the Center, as a condition 
        of continued receipt of Federal funds.
          (B) Fellows who are not detailees shall agree to 
        return to the Federal Government for further employment 
        for a period of at least 2 years following the end of 
        their fellowships, unless, in the determination of the 
        Center, the fellow is unable (for reasons beyond the 
        fellow's control and after receiving assistance from 
        the Center as provided in paragraph (8)) to find 
        reemployment for such period.
          (4) During the period of the fellowship, the Center 
        shall provide--
                  (A) to each fellow who is not a detailee a 
                stipend at a rate of pay equal to the rate of 
                pay that individual was receiving when he or 
                she entered the program, plus a cost-of-living 
                adjustment calculated at the same rate of pay, 
                and for the same period of time, for which such 
                adjustments were made to the salaries of 
                individuals occupying competitive positions in 
                the civil service during the same period as the 
                fellowship; and
                  (B) to each fellow (including detailees) 
                certain allowances and benefits as that 
                individual would have been entitled to, but for 
                his or her separation from Government service, 
                as a United States Government civilian employee 
                overseas under the Standardized Regulations 
                (Government Civilians, Foreign Areas) of the 
                Department of State, as follows: a living 
                quarters allowance to cover the higher cost of 
                housing in Japan, a post allowance to cover the 
                significantly higher costs of living in Japan, 
                an education allowance to assist parents in 
                providing their children with educational 
                services ordinarily provided without charge by 
                United States public schools, moving expenses 
                of up to $1,000 for personal belongings of 
                fellows and their families in their move to 
                Japan and one-round-trip economy-class airline 
                ticket to Japan for each fellow and the 
                fellow's immediate family.
          (5)(A) For the first year of each fellowship, the 
        Center shall provide fellows with intensive Japanese 
        language training in the Washington, D.C., area, as 
        well as courses in the political economy of Japan.
          (B) Such training shall be of the same quality as 
        training provided to Foreign Service officers before 
        they are assigned to Japan.
          (C) The Center may waive any or all of the training 
        required by subparagraph (A) to the extent that a 
        fellow has Japanese language skills or knowledge of 
        Japan's political economy, and the 2-year fellowship 
        period shall be shortened to the extent such training 
        is less than one year.
          (6) Any fellow who is not a detailee who does not 
        comply with the requirements of this section shall 
        reimburse the United States Information Agency for the 
        Federal funds expended for the Fellow's participation 
        in the fellowship, together with interest on such funds 
        (calculated at the prevailing rate), as follows:
                  (A) Full reimbursement for noncompliance with 
                paragraph (3)(A) or (9).
                  (B) Pro rata reimbursement for noncompliance 
                with paragraph (3)(B) for any period the fellow 
                is reemployed by the Federal Government that is 
                less than the period specified in paragraph 
                (3)(B), at a rate equal to the amount the 
                fellow received during the final year of the 
                fellowship for the same period of time, 
                including any allowances and benefits provided 
                under paragraph (4).
          (7) The Center shall select fellows based solely on 
        merit. The Center shall make positive efforts to 
        recruit candidates reflecting the cultural, racial, and 
        ethnic diversity of the United States.
          (8) The Center shall assist, to the extent possible, 
        any fellow who is not a detailee in finding employment 
        in the Federal Government if such fellow was not able, 
        at the end of the fellowship, to be reemployed in the 
        agency from which he or she separated to become a 
        fellow.
          (9) No fellow may engage in any intelligence or 
        intelligence-related activity on behalf of the United 
        States Government.
          (10) The financial records of the Center shall be 
        audited annually in accordance with generally accepted 
        auditing standards by independent certified public 
        accountants or independent licensed public accountants, 
        certified or licensed by a regulatory authority of a 
        State or other political subdivision of the United 
        States. The audit shall be conducted at the place or 
        places where the financial records of the Center are 
        normally kept. All books, financial records, files, and 
        other papers, things, and property belonging to or in 
        use by the Center and necessary to facilitate the audit 
        shall be made available to the person or persons 
        conducting the audit, and full facilities for verifying 
        transactions with the balances or securities held by 
        depositories, fiscal agents, and custodians shall be 
        afforded to such person or persons.
          (11) The Center shall provide a report of the audit 
        to the Director of the United States Information Agency 
        no later than six months following the close of the 
        fiscal year for which the audit is made. The report 
        shall set forth the scope of the audit and include such 
        statements, together with the independent auditor's 
        opinion of those statements, as are necessary to 
        present fairly the Center's assets and liabilities, 
        surplus or deficit, with reasonable detail, including a 
        statement of the Center's income and expenses during 
        the year, including a schedule of all contracts and 
        grants requiring payments in excess of $5,000 and any 
        payments of compensation, salaries, or fees at a rate 
        in excess of $5,000 per year. The report shall be 
        produced in sufficient copies for the public.

SEC. 254.\27\ SEPARATION OF GOVERNMENT PERSONNEL DURING THE 
                    FELLOWSHIPS.
    (a) Separation.--Under such terms and conditions as the 
agency head may direct, any agency of the United States 
Government may separate from Government service for a specified 
period any officer or employee of that agency who accepts a 
fellowship under the program established by this part and is 
not detailed under section 255.
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 6103.
---------------------------------------------------------------------------
    (b) Reemployment.--Any fellow who is not a detailee, at the 
end of the fellowship, is entitled to be reemployed in the same 
manner as if covered by section 3582 of title 5, United States 
Code.
    (c) Rights and Benefits.--Notwithstanding section 8347(o), 
8713, or 8914 of title 5, United States Code, and in accordance 
with regulations of the Office of Personnel Management, an 
employee, while serving as a fellow who is not a detailee, is 
entitled to the same rights and benefits as if covered by 
section 3582 of title 5, United States Code. The Center shall 
reimburse the employing agency for any costs incurred under 
section 3582 of title 5, United States Code.
    (d) Compliance With Budget Act.--Funds are available under 
this section to the extent and in the amounts provided in 
appropriation Acts.

SEC. 255.\28\ MANSFIELD FELLOWS ON DETAIL FROM GOVERNMENT SERVICE.
    (a) In General.--(1) An agency head may detail, for a 
period of not more than 2 years, an employee of the agency who 
has been awarded a Mansfield Fellowship, to the Center.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 6104.
---------------------------------------------------------------------------
    (2) Each fellow who is detailed under this section shall 
enter into a written agreement with the Federal Government 
before receiving a fellowship that the fellow will--
          (A) continue in the service of the fellow's agency at 
        the end of the fellowship for a period of at least 2 
        years unless the fellow is involuntarily separated from 
        the service of such agency; and
          (B) pay to the United States Information Agency any 
        additional expenses incurred by the Federal Government 
        in connection with the fellowship if the fellow is 
        voluntarily separated from service with the fellow's 
        agency before the end of the period for which the 
        fellow has agreed to continue in the service of such 
        agency.
    (3) The payment agreed to under paragraph (2)(B) may not be 
required of a fellow who leaves the service of such agency to 
enter into the service of another agency in any branch of the 
United States Government unless the head of the agency that 
authorized the fellowship notifies the employee before the 
effective date of entry into the service of the other agency 
that payment will be required under this section.
    (b) Status as Government Employee.--A fellow detailed under 
subsection (a) is deemed, for the purpose of preserving 
allowances, privileges, rights, seniority, and other benefits, 
an employee of the agency from which detailed, and is entitled 
to pay, allowances, and benefits from funds available to that 
agency. The authorization and payment of such allowances and 
other benefits from appropriations available therefore is 
deemed to comply with section 5536 of title 5, United States 
Code.
    (c) Reimbursement.--Fellows may be detailed under 
subsection (a) without reimbursement to the United States by 
the Center.
    (d) Allowances and Benefits.--A fellow detailed under 
subsection (a) may be paid by the Center for allowances and 
benefits listed in section 253(4)(B).

SEC. 256.\29\ LIABILITY FOR REPAYMENTS.
    If any fellow fails to fulfill the fellow's agreement to 
pay the United States Information Agency for the expenses 
incurred by the United States Information Agency in connection 
with the fellowship, a sum equal to the amount of the expenses 
of the fellowship shall be recoverable by the United States 
Information Agency from the fellow (or a legal representative) 
by--
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 6105.
---------------------------------------------------------------------------
          (1) setoff against accrued pay, compensation, amount 
        of retirement credit, or other amount due the fellow 
        from the Federal Government; and
          (2) such other method as is provided by law for the 
        recovery of amounts owing to the Federal Government.

SEC. 257.\30\ DEFINITIONS.
    For purposes of this part--
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 6106.
---------------------------------------------------------------------------
          (1) the term ``agency of the United States 
        Government'' includes any agency of the legislative 
        branch and any court of the judicial branch as well as 
        any agency of the executive branch;
          (2) the term ``agency head'' means--
                  (A) in the case of the executive branch of 
                Government or an agency of the legislative 
                branch other than the House of Representatives 
                or the Senate, the head of the respective 
                agency;
                  (B) in the case of the judicial branch of 
                Government, the chief judge of the respective 
                court;
                  (C) in the case of the Senate, the President 
                pro tempore, in consultation with the Majority 
                Leader and Minority Leader of the Senate; and
                  (D) in the case of the House of 
                Representatives, the Speaker of the House, in 
                consultation with the Majority Leader and 
                Minority Leader of the House;
          (3) the term ``Center'' means the Mansfield Center 
        for Pacific Affairs; and
          (4) the term ``detailee'' means an employee of an 
        agency of the United States Government on assignment or 
        loan to the Mansfield Center for Pacific Affairs 
        without a change of position from the agency by which 
        he or she is employed.
 g. United States Information Agency Authorization, Fiscal Years 1992 
                                and 1993

  Partial text of Public Law 102-138 [Foreign Relations Authorization 
  Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647 at 691, 
   approved October 28, 1991; amended by Public Law 102-511 [FREEDOM 
   Support Act; S. 2532], 106 Stat. 3320, approved October 24, 1992; 
 Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 
  1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; 
     Public Law 104-134 [Department of State and Related Agencies 
    Appropriations Act, 1996; title IV of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321 
   at 1321-26, approved April 26, 1996; Public Law 105-277 [Foreign 
Affairs Agencies Consolidation Act of 1998; subdivision A of division G 
 of H.R. 4328], 112 Stat. 2681 at 2681-765, approved October 21, 1998; 
and by Public Law 105-277 [Foreign Relations Authorization Act, Fiscal 
 Years 1998 and 1999; H.R. 4328], 112 Stat. 2681-802, approved October 
                                21, 1998


          Note.--Sections of this title amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate Acts.



 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
          * * * * * * *

   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                PART A--UNITED STATES INFORMATION AGENCY

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization of Appropriations.--The following amounts 
are authorized to be appropriated for the United States 
Information Agency (other than for the Voice of America) to 
carry out international information, educational, cultural, and 
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, and to carry out other authorities in law consistent with 
such purposes:
          (1) \1\ Salaries and expenses.--For ``Salaries and 
        Expenses'', $423,827,500 for the fiscal year 1992 and 
        $451,294,000 for the fiscal year 1993.
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    \1\The Department of State and Related Agencies Appropriations Act, 
1992 (title V of Public Law 102-140; 105 Stat. 821), provided 
$691,725,000, for salaries and expenses, with several provisos.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided 
$736,693,000, for salaries and expenses, with several provisos.
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          (2) \2\ Office of the inspector general.--For 
        ``Office of the Inspector General'' $4,206,000 for the 
        fiscal year 1992 and $4,420,000 for the fiscal year 
        1993.
---------------------------------------------------------------------------
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided 
$4,206,000, for Office of Inspector General.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided 
$4,390,000.
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          (3) \3\ National endowment for democracy.--For 
        ``National Endowment for Democracy'', $25,000,000 for 
        the fiscal year 1992 and $31,250,000 for the fiscal 
        year 1993.
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    \3\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 823), provided 
$27,500,000 for USIA grants to the National Endowment for Democracy.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1872), provided 
$30,000,000 for USIA grants to the National Endowment for Democracy.
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          (4) \4\ Center for cultural and technical interchange 
        between east and west.--For ``Center for Cultural and 
        Technical Interchange between East and West'', 
        $24,500,000 for the fiscal year 1992 and $26,000,000 
        for the fiscal year 1993.
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    \4\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 823), provided 
$24,500,000, for USIA grants to the East-West Center.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1872), provided 
$26,000,000, for USIA grants to the East-West Center.
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  (b) Authorization Within ``Salaries and Expenses'' Account.--
Of the amount authorized to be appropriated by subsection 
(a)(1), $284,000 is authorized for the fiscal year 1992 for the 
establishment and operation of a United States Information 
Agency office in Vientiane, Laos, pursuant to section 216 of 
this Act, and $307,000 is authorized for fiscal year 1993 for 
the continued operation of such office.
          * * * * * * *

SEC. 206.\5\ USIA POSTS AND PERSONNEL OVERSEAS. * * *

  (b) \6\ * * * [Repealed--1998]
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    \5\ Sec. 206(a) added a new sec. 812 to the United States 
Information and Educational Exchange Act of 1948 (22 U.S.C. 1475g).
    \6\ Formerly at 22 U.S.C. 1475g note. Sec. 1336(4) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) struck out sec. 206(b), 
which had read as follows:
    ``(b) Reductions in American Employees.--Reductions may not be made 
in the number of positions filled by American employees of the United 
States Information Agency stationed abroad until the number of such 
employees is the same percentage of the total number of American 
employees of the Agency as the number of American employees of the 
Agency stationed abroad in 1981 was to the total number of American 
employees at the Agency at the same time in 1981.''.
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  (c) Repeal.--Section 204 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 1461 
note) is repealed.\7\
---------------------------------------------------------------------------
    \7\ Sec. 204 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204), relating to USIA posts and 
personnel overseas, was waived during fiscal years 1988 and 1989 by 
sec. 305 of the Department of State Appropriations Act, 1988 (sec. 
101(a) of Public Law 100-202; 101 Stat. 1329).
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SEC. 207.\8\ IMPLEMENTATION OF BEIRUT AGREEMENT. * * *

SEC. 208.\9\ CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN 
                    NORTH AND SOUTH. * * *

          * * * * * * *

SEC. 210.\10\ CLAUDE AND MILDRED PEPPER SCHOLARSHIP PROGRAM.

  (a) Purpose.--It is the purpose of this section to provide 
Federal financial assistance to facilitate a program to enable 
high school and college students from emerging democracies, who 
are visiting the United States, to spend from one to two weeks 
in Washington, District of Columbia, observing and studying the 
workings and operations of the democratic form of government of 
the United States.
---------------------------------------------------------------------------
    \8\ Sec. 207 amended Public Law 89-634 (80 Stat. 879).
    \9\ 22 U.S.C. 2075. For text of sec. 208, the ``North/South Center 
Act of 1991'', see page 1437.
    \10\ 22 U.S.C. 2452 note.
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  (b) Grants.--The Director of the United States Information 
Agency is authorized to make grants to the Claude and Mildred 
Pepper Scholarship Program of the Washington Workshops 
Foundation to carry out the purpose specified in subsection 
(a).
  (c) \11\ Authorization of Appropriations.--There are 
authorized to be appropriated $1,000,000 for fiscal year 1992 
to carry out this section, of which not more than $500,000 is 
authorized to be available for obligation or expenditure during 
that fiscal year. Amounts appropriated pursuant to this 
subsection are authorized to be available until expended.
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    \11\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided 
under educational and cultural exchange programs, that ``$1,000,000 
shall be available for the Claude and Mildred Pepper Scholarship 
Program of the Washington Workshops Foundation''.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided under 
educational and cultural exchange programs, that ``$200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation and $600,000 shall be available for the 
Institute for Representative Government.''.
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SEC. 211. PROGRAM REVIEW OF NED.

  (a) Additional Authorization of Appropriations.--In addition 
to amounts authorized to be appropriated under section 201(3), 
after the submission of the report under subsection (b), there 
are authorized to be appropriated for the National Endowment 
for Democracy $5,000,000 for fiscal year 1992.
  (b) Reporting Requirement.--The National Endowment for 
Democracy shall submit to the Chairman of the Committee on 
Foreign Relations and the Speaker of the House of 
Representatives a comprehensive report concerning the actions 
of the National Endowment for Democracy and certain grantees 
(the Free Trade Union Institute, the Center for International 
Private Enterprise, the National Republican Institute for 
International Affairs, and the National Democratic Institute 
for International Affairs) to comply with the recommendations 
of the General Accounting Office report of March 1991, entitled 
``Promoting Democracy: National Endowment for Democracy's 
Management of Grants Needs Improvement''.
  (c) General Accounting Office Report.--Not more than 90 days 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall prepare and submit to the 
Committee on Foreign Relations of the Senate and the Speaker of 
the House of Representatives an evaluation of the actions taken 
by the National Endowment for Democracy and certain grantees to 
comply with the General Accounting Office report of March 1991.
  (d) Annual Audit.--Section 504(g) of the National Endowment 
for Democracy Act (22 U.S.C. 4413) is amended by striking out 
``may also'' and inserting in lieu thereof ``shall''.
  (e) Sense of Congress on Private Donations.--It is the sense 
of the Congress that the National Endowment for Democracy 
should make every effort to solicit private contributions to 
realize the purposes of the Endowment as set forth in section 
502(b) of the National Endowment for Democracy Act.

SEC. 212.\12\ USIA GRANTS.

  (a) Competitive Grant Procedures.--Except as provided in 
subsection (b), the Department of State \13\ shall work to 
achieve full and open competition in the award of grants for 
carrying out its overseas public diplomacy functions.\14\
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 1475h.
    \13\ Sec. 1335(b)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) struck out ``United States Information Agency'' each 
place it appeared in sec. 212 and inserted in lieu thereof ``Department 
of State''.
    \14\ Sec. 1335(b)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) inserted ``for carrying out its overseas public 
diplomacy functions'' after ``grants''.
---------------------------------------------------------------------------
  (b) Exceptions.--The Department of State \13\ may award an 
overseas public diplomacy grant \15\ under procedures other 
than competitive procedures when--
---------------------------------------------------------------------------
    \15\ Sec. 1335(b)(3)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) struck out ``a grant'' and inserted in 
lieu thereof ``an overseas public diplomacy grant''.
---------------------------------------------------------------------------
          (1) such \16\ a grant is made under the Mutual 
        Educational and Cultural Exchange Act of 1961 (commonly 
        known as the Fulbright-Hays Act) or any statute which 
        expressly authorizes or requires that a grant be made 
        with a specified entity;
---------------------------------------------------------------------------
    \16\ Sec. 1335(b)(3)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-787) inserted ``such'' before ``a grant''.
---------------------------------------------------------------------------
          (2) the terms of an international agreement or treaty 
        between the United States Government and a foreign 
        government or international organization have the 
        effect of requiring the use of procedures other than 
        competitive procedures;
          (3) a recipient organization has developed particular 
        expertise in the planning and administration of 
        longstanding exchange programs important to United 
        States foreign policy; or
          (4) introducing competition would increase costs.
  (c) Compliance With Grant Guidelines.--
          (1) After October 1, 1991, overseas public diplomacy 
        \17\ grants awarded by the Department of State \13\ 
        shall substantially comply with Department of State 
        \13\ grant guidelines and applicable circulars of the 
        Office of Management and Budget.
---------------------------------------------------------------------------
    \17\ Sec. 1335(b)(4) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) inserted ``overseas public diplomacy'' before 
``grants''.
---------------------------------------------------------------------------
          (2) If the Agency determines that a grantee has not 
        satisfied the requirement of paragraph (1), the 
        Department of State \13\ shall notify the grantee of 
        the suspension of payments under a grant unless 
        compliance is achieved within 90 days of such notice.
          (3) The Agency shall suspend payments under any such 
        \18\ grant which remains in noncompliance 90 days after 
        notification under paragraph (2).
---------------------------------------------------------------------------
    \18\ Sec. 1335(b)(5) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) inserted ``such'' before ``grant''.
---------------------------------------------------------------------------
  (d) \19\ [Repealed--1999]
---------------------------------------------------------------------------
    \19\ Sec. 1335(b)(6) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-787) struck out subsec. (d), which had read as follows:
    ``(d) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the United States 
Information Agency shall submit a detailed report to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives on United States Information Agency action 
to comply with subsection (a).''.
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SEC. 213. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES 
                    INFORMATION AGENCY PHOTOGRAPHIC WORKS OF RICHARD 
                    SAUNDERS.

  (a) Distribution to the Schomburg Center for Black Studies.--
Notwithstanding section 208 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-
1(a)) and the second sentence of section 501 of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1461)--
          (1) the Director of the United States Information 
        Agency shall make available to the Schomburg Center for 
        Black Studies, New York, New York, master copies of the 
        United States Information Agency photographic works of 
        Richard Saunders, a former employee of the United 
        States Information Agency; and
          (2) the Schomburg Center for Black Studies, New York, 
        New York, shall reimburse the Director of the United 
        States Information Agency for any expenses of the 
        Agency in making such master copies.
  (b) Reimbursement.--Any reimbursement to the Director 
pursuant to this section shall be credited to the applicable 
appropriation of the United States Information Agency.

SEC. 214.\20\ ISRAELI ARAB SCHOLARSHIP PROGRAM.

  (a) Establishment.--Subject to the availability of funds 
under subsection (d), there is established in the United States 
Information Agency a fund to be known as the Israeli Arab 
Scholarship Fund (hereinafter in this Act referred to as the 
``fund''). The income from the fund shall be used for a program 
of scholarships for Israeli Arabs to attend institutions of 
higher education in the United States to be known as the 
Israeli Arab Scholarship Program (hereinafter in the section 
referred to as the ``program''). The fund and the program shall 
be administered by the United States Information Agency in 
accordance with this section and the Mutual Educational and 
Cultural Exchange Act of 1961. The fund may accept 
contributions and gifts from public and private sources.
  (b) Administration of the Fund.--It shall be the duty of the 
Director of the United States Information Agency to invest in 
full amounts made available to the fund. Such investments may 
be made only in interest-bearing obligations of the United 
States or in obligations guaranteed as to both principal and 
interest by the United States. The interest on, and the 
proceeds from the sale or redemption of, any obligations held 
in the fund shall be credited to and form a part of the fund.
  (c) Appropriations From the Fund.--For each fiscal year, 
there is authorized to be appropriated from the fund for the 
Israeli Arab Scholarship Program the interest and earnings of 
the fund.
  (d) Funding.--Amounts made available under section 556(b) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (as amended by section 551 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991), are authorized to be appropriated to 
the fund.\20\
---------------------------------------------------------------------------
    \20\ Sec. 556 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1237), as amended, provided the following:
---------------------------------------------------------------------------

    ``middle east regional cooperation and israeli-arab scholarships
---------------------------------------------------------------------------
    ``Sec. 556. (a) Middle East regional cooperative programs which 
have been carried out in accordance with section 202(c) of the 
International Security and Development Cooperation Act of 1985 shall 
continue to be funded at a level of not less than $7,000,000 from funds 
appropriated under the heading `Economic Support Fund'.
    ``(b) Of the funds made available under the heading `Economic 
Support Fund', $5,000,000 shall be available only for a grant to assist 
in capitalizing an endowment whose income will be used for scholarships 
to enable Israeli Arabs to attend institutions of higher education in 
the United States: Provided, That such endowment and scholarship 
program shall be administered by an organization located in the United 
States, Provided further, That a grant may be made to capitalize such 
endowment only if private sector contributions of at least $5,000,000 
have been made by July 31, 1991, to assist in capitalizing the 
endowment: Provided further, That if the requirement for private sector 
contributions is not met, funds earmarked for the purpose of the 
endowment shall be reprogrammed within the Economic Support Fund 
account.''.
    Department of State and Related Agencies appropriations acts since 
1993 have provided the following:
---------------------------------------------------------------------------

                   ``israeli arab scholarship program
---------------------------------------------------------------------------
    ``For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993, all interest and earnings accruing to the 
Israeli Arab Scholarship Fund * * * to remain available until 
expended.'' (Public Law 102-395; 106 Stat. 1871; Public Law 103-121; 
107 Stat. 1191; Public Law 103-317; 108 Stat. 1770; Public Law 104-134; 
110 Stat. 1321-42; Public Law 104-208; 110 Stat. 3009-53; Public Law 
105-119; 111 Stat. 2501; Public Law 105-277; 112 Stat. 2681-99; Public 
Law 106-113; 113 Stat. 1501A-43; and Public Law 106-553; 114 Stat. 
2762A-95).
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          * * * * * * *

SEC. 216.\21\ ESTABLISHMENT OF USIA OFFICE IN VIENTIANE, LAOS.

  The Director of the United States Information Agency shall 
establish an office in Vientiane, Laos, to assist in the 
propagation of American economic and political values.
---------------------------------------------------------------------------
    \21\ See also sec. 201(b) of this Act.
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           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

  In addition to amounts otherwise made available under section 
201 for such purposes, there are authorized to be appropriated 
to the Bureau of Educational and Cultural Affairs to carry out 
the purposes of the Mutual Educational and Cultural Exchange 
Act of 1961 the following amounts: \22\
---------------------------------------------------------------------------
    \22\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided the 
following:
---------------------------------------------------------------------------

              ``educational and cultural exchange programs
---------------------------------------------------------------------------
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Citizen Exchange, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636), $194,232,000, to remain available until expended as 
authorized by 22 U.S.C. 2455, of which $1,000,000 shall be available 
for the Claude and Mildred Pepper Scholarship Program of the Washington 
Workshops Foundation.''.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided the 
following:
---------------------------------------------------------------------------

              ``educational and cultural exchange programs
---------------------------------------------------------------------------
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Citizen Exchange, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 
2 of 1977 (91 Stat. 1636), $223,447,000, to remain available until 
expended as authorized by 22 U.S.C. 2455, of which $200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation and $600,000 shall be available for the 
Institute for Representative Government.''.
---------------------------------------------------------------------------
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $37,749,000 for the fiscal year 1992 and 
        $39,308,000 for the fiscal year 1993.
          (2) Fulbright academic exchange programs.--For the 
        ``Fulbright Academic Exchange Programs'', $110,454,000 
        for the fiscal year 1992 and $117,297,000 for the 
        fiscal year 1993.
          (3) Hubert h. humphrey fellowship program.--For the 
        ``Hubert H. Humphrey Fellowship Program'', $5,682,000 
        for the fiscal year 1992 and $6,000,000 for the fiscal 
        year 1993.
          (4) International visitors program.--For the 
        ``International Visitors Program'', $45,366,000 for the 
        fiscal year 1992 and $47,650,000 for the fiscal year 
        1993.
          (5) Other programs.--For ``East Europe Training 
        Projects'', ``Citizen Exchange Programs'', and the 
        ``Congress-Bundestag Exchange Program'', $14,028,000 
        for the fiscal year 1992 and $14,700,000 for the fiscal 
        year 1993.
          (6) World university games.--For cultural and 
        exchange related activities associated with the 1993 
        World University Games in Buffalo, New York, $2,000,000 
        for fiscal year 1992 and $2,000,000 for fiscal year 
        1993, provided that amounts authorized under this 
        subsection are subject to all requirements governing 
        United States Information Agency assistance to private 
        organizations.
          (7) Near and middle east programs.--For ``Near and 
        Middle East Programs'', $3,000,000 for fiscal year 
        1993.
          (8) Vietnam scholarship program.--For the ``Vietnam 
        Scholarship Program'' established by section 229, 
        $300,000 for each of the fiscal years 1992 and 1993.
          (9) Soviet-american interparliamentary exchanges.--
        For the expenses of Soviet-American Interparliamentary 
        meetings and visits in the United States approved by 
        the joint leadership of the Congress, after an 
        opportunity for appropriate consultation with the 
        Secretary of State and the Director of the United 
        States Information Agency, there are authorized to be 
        appropriated $2,000,000 for the fiscal year 1992, of 
        which not more than $1,000,000 shall be available for 
        obligation or expenditure during that fiscal year. 
        Amounts appropriated under this subsection are 
        authorized to be available until expended.

SEC. 222. FULBRIGHT EXCHANGE PROGRAMS ENHANCEMENT.

  In addition to amounts authorized to be appropriated by 
section 221(2) for the Fulbright Academic Exchange Programs, 
$2,700,000 is authorized to be appropriated for each of the 
fiscal years 1992 and 1993 to increase amounts otherwise 
available for Fulbright Academic Exchange Programs for 
exchanges involving Latin America, Asia, and Africa.

SEC. 223. USIA CULTURAL CENTER IN KOSOVO.

  (a) Establishment.--The Director of the United States 
Information Agency shall establish a cultural center in the 
capital of Kosovo in Yugoslavia when the Secretary of State 
determines that the physical security of the center and the 
personal safety of its employees may be reasonably assured.
  (b) Report.--Not later than 90 days after the date of 
enactment of this Act, and every 90 days thereafter until a 
center is established under subsection (a), the Director of the 
United States Information Agency shall submit a report to the 
Chairman of the Committee on Foreign Relations of the Senate 
and the Chairman of the Committee on Foreign Affairs \23\ of 
the House of Representatives on progress toward establishment 
of a center pursuant to subsection (a), including an assessment 
by the Secretary of State of the risks to physical and personal 
security of the establishment of such a center.
---------------------------------------------------------------------------
    \23\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 225.\24\ * * * [Repealed--1992]

      
---------------------------------------------------------------------------
    \24\ Sec. 807(c) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3355) repealed sec. 225, effective 6 months after the 
enactment of that Act (October 24, 1992). Sec. 225 provided for the 
Eastern Europe Student Exchange Endowment Fund. See FREEDOM Support 
Act, title VIII.
---------------------------------------------------------------------------

SEC. 226.\25\ ENHANCED EDUCATIONAL EXCHANGE PROGRAM.

  (a) Programs for Foreign Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to foreign students and scholars 
        by the Bureau of Educational and Cultural Affairs of 
        the United States Information Agency for the purpose of 
        study, research, or teaching in the United States shall 
        be increased by 100 over the number of such 
        scholarships provided in fiscal year 1991, subject to 
        the availability of appropriations.
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only--
                  (A) to students and scholars from the new 
                democracies of Eastern Europe,
                  (B) to students and scholars from the Soviet 
                Union;
                  (C) to students and scholars from countries 
                determined by the Associate Director of the 
                Bureau of Educational and Cultural Affairs to 
                be not adequately represented in the foreign 
                student population in the United States.
  (b) Programs for United States Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to United States students and 
        scholars by the Bureau of Educational and Cultural 
        Affairs of the United States Information Agency for the 
        purpose of study, research, or teaching in other 
        countries shall be increased by 100 over the number of 
        such scholarships provided in fiscal year 1991, subject 
        to the availability of appropriations.
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only for study, 
        research, and teaching in the new democracies of 
        Eastern Europe, the Soviet Union, and non-European 
        countries.
  (c) Definition.--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, 
and living expenses at a United States or foreign educational 
institution.
  (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for the Bureau of 
Educational and Cultural Affairs, there are authorized to be 
appropriated $2,000,000 for fiscal year 1992 and $2,000,000 for 
fiscal year 1993 to carry out the purposes of this section. 
Amounts appropriated under this subsection are authorized to be 
available until expended.

SEC. 227.\25\ LAW AND BUSINESS TRAINING PROGRAM FOR GRADUATE STUDENTS 
                    FROM THE INDEPENDDENT STATES OF THE FORMER SOVIET 
                    UNION, LITHUANIA, LATVIA, AND ESTONIA.\26\

  (a) Statement of Purpose.--The purpose of this section is to 
establish a scholarship program designed to bring students from 
the independent states of the Soviet Union,\27\ Lithuania, 
Latvia, and Estonia to the United States for study in the 
United States.
---------------------------------------------------------------------------
    \26\ Sec. 2413(b)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-832), 
inserted ``independent states of the former'' after ``from the'' in the 
section catchline.
    \27\ Sec. 2413(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-832), 
struck out ``Soviet Union'' and inserted in lieu thereof ``independent 
states of the former Soviet Union'' in subsecs. (a), (b), and (c)(5).
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  (b) Scholarship Program Authority.--Subject to the 
availability of appropriations under subsection (d), the 
President, acting through the United States Information Agency, 
shall provide scholarships (including partial assistance) for 
study at United States institutions of higher education 
together with private and public sector internships by 
nationals of the independent states of the Soviet Union,\27\ 
Lithuania, Latvia, and Estonia who have completed their 
undergraduate education and would not otherwise have the 
opportunity to study in the United States due to financial 
limitations.
  (c) Guidelines.--The scholarship program under this section 
shall be carried out in accordance with the following 
guidelines:
          (1) Consistent with section 112(b) of the Mutual 
        Educational and Cultural Exchange Act of 1961 (22 
        U.S.C. 2460(b)), all programs created pursuant to this 
        Act shall be nonpolitical and balanced, and shall be 
        administered in keeping with the highest standards of 
        academic integrity and cost-effectiveness.
          (2) The United States Information Agency shall design 
        ways to identify promising students for study in the 
        United States.
          (3) The United States Information Agency should 
        develop and strictly implement specific financial need 
        criteria. Scholarships under this Act may only be 
        provided to students who meet the financial need 
        criteria.
          (4) The program may utilize educational institutions 
        in the United States, if necessary, to help 
        participants acquire necessary skills to fully 
        participate in professional training.
          (5) Each participant shall be selected on the basis 
        of academic and leadership potential in the fields of 
        business administration, journalism and communications, 
        education administration, public policy, library and 
        information science,\28\ economics, law, or public 
        administration. Scholarship opportunities shall be 
        limited to fields that are critical to economic reform 
        and political development in the independent states of 
        the Soviet Union,\27\ Lithuania, Latvia, and Estonia, 
        particularly business administration, journalism and 
        communications, education administration, public 
        policy, library and information science,\28\ economics, 
        law, or public administration.
---------------------------------------------------------------------------
    \28\ Sec. 2413(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-832), 
inserted ``journalism and communications, education administration, 
public policy, library and information science,'' after ``business 
administration,'' each of the two places it appears.
---------------------------------------------------------------------------
          (6) The program shall be flexible to include not only 
        training and educational opportunities offered by 
        universities in the United States, but to also support 
        internships, education, and training in a professional 
        setting.
          (7) The program shall be flexible with respect to the 
        number of years of education financed, but in no case 
        shall students be brought to the United States for less 
        than one year.
          (8) Further allowance shall be made in the 
        scholarship for the purchase of books and related 
        educational material relevant to the program of study.
          (9) Further allowance shall be made to provide 
        opportunities for professional, academic, and cultural 
        enrichment for scholarship recipients.
          (10) The program shall, to the maximum extent 
        practicable, offer equal opportunities for both male 
        and female students to study in the United States.
          (11) The program shall, to the maximum extent 
        practicable, offer equal opportunities for students 
        from each of the independent states of the former 
        Soviet Union,\29\ Lithuania, Latvia, and Estonia.
---------------------------------------------------------------------------
    \29\ Sec. 2413(b)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (Public Law 105-277; 112 Stat. 2681-832), 
struck out ``Soviet republics'' and inserted in lieu thereof 
``independent states of the former Soviet Union''.
---------------------------------------------------------------------------
          (12) The United States Information Agency shall 
        recommend to each student who receives a scholarship 
        under this section that the student include in their 
        course of study programs which emphasize the ideas, 
        principles, and documents upon which the United States 
        was founded.
  (d) \30\ Funding of Scholarships for Fiscal Year 1992 and 
Fiscal Year 1993.--There are authorized to be appropriated to 
the United States Information Agency $7,000,000 for fiscal year 
1992, and $7,000,000 for fiscal year 1993, to carry out this 
section.
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    \30\ Sec. 104(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), authorized $5,000,000 for each of fiscal years 2000 
and 2001 for exchanges with Russia, and another $1,500,000 for each of 
those fiscal years for doctoral graduate studies in economics for 
nationals of the independent states of the former Soviet Union, 
pursuant to this section.
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  (e) Compliance With Congressional Budget Act.--Any authority 
provided by this section shall be effective only to the extent 
and in such amounts as are provided in advance in appropriation 
Acts.
  (f) \31\ Designation of Program and Scholarships.--
---------------------------------------------------------------------------
    \31\ Sec. 801 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3352) added subsec. (f).
---------------------------------------------------------------------------
          (1) The scholarship program established by this 
        section shall be known as the ``Edmund S. Muskie 
        Fellowship Program''.
          (2) Scholarships provided under this section shall be 
        known as ``Muskie Fellowships''.

SEC. 228.\25\ NEAR AND MIDDLE EAST RESEARCH AND TRAINING.

  (a) Near and Middle East Studies.--The Director of the United 
States Information Agency may expend from the amount authorized 
for the Bureau of Educational and Cultural Affairs, such sums 
as are appropriate to assist graduate and postdoctoral studies 
by United States scholars on the Near and Middle East.
  (b) \32\ [Repealed--1998]
---------------------------------------------------------------------------
    \32\ Sec. 2219(a)(7) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-817) struck out subsec. (b), which had read as 
follows:
    ``(b) Report.--The Director of the United States Information Agency 
shall prepare and submit to the President and the Congress at the end 
of each fiscal year in which assistance is provided under subsection 
(a) a report concerning such assistance.''.
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  (c) Recommendations.--Not later than 180 days after the date 
of enactment of this Act, the Director of the United States 
Information Agency, in consultation with qualified government 
agencies and appropriate private organizations and individuals, 
shall submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs \23\ of the House 
of Representatives recommendations concerning the conduct of 
educational and cultural exchange programs administered and 
funded by the Agency.
  (d) Definition.--For purposes of this section, the term 
``Near and Middle East'' refers to the region consisting of 
those countries and peoples covered by the Bureau of Near 
Eastern and South Asian Affairs of the Department of State on 
the day before the date of the enactment of this Act and 
includes the Republic of Turkey.\33\
---------------------------------------------------------------------------
    \33\ Sec. 233 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 424), inserted ``and 
includes the Republic of Turkey''.
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SEC. 229.\25\,}\34\ SCHOLARSHIPS FOR VIETNAMESE.

  (a) In General.--Notwithstanding any other provision of law, 
the Bureau of Educational and Cultural Affairs of the United 
States Information Agency shall make available for each of the 
fiscal years 1992 and 1993, 15 scholarships for Vietnamese 
residents in Vietnam qualified to study in the United States 
for the purpose of studying in the United States. Each 
scholarship made available under this subsection shall be for 
not less than one semester of study in a United States college 
or university.
---------------------------------------------------------------------------
    \34\ Sec. 201(b)(2)(A) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 421), 
continued this program, authorizing $3,000,000 to be available for 
fiscal year 1995. Sec. 2401(3)(A)(ii) of the Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999 (Public Law 105-277; 112 
Stat. 2681-830), authorized $5,000,000 for each of fiscal years 1998 
and 1999. Sec. 104(c) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), authorized $4,000,000 for each of fiscal years 2000 
and 2001.
---------------------------------------------------------------------------
  (b) Preference in Awarding Scholarships.--In awarding 
scholarships under this section, preference shall be given to 
candidates intending to pursue studies in economics and 
commercial law.
          * * * * * * *
 h. United States Information Agency Authorization, Fiscal Years 1990 
                                and 1991

  Partial text of Public Law 101-246 [Foreign Relations Authorization 
  Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved 
  February 16, 1990; amended by Public Law 102-138 [Foreign Relations 
 Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 
647, approved October 28, 1991; and by Public Law 102-499 [H.R. 6047], 
               106 Stat. 3264, approved October 24, 1992


          Note.--Sections of this Act amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate Acts.



 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                PART A--UNITED STATES INFORMATION AGENCY

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorizations of Appropriations.--The following amounts 
are authorized to be appropriated for the United States 
Information Agency (other than for the Voice of America) to 
carry out international information, educational, cultural, and 
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, and other purposes authorized by law:
          (1) \1\ Salaries and expenses.--For ``Salaries and 
        Expenses'', $410,000,000 for the fiscal year 1990 and 
        $432,640,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \1\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1029), provided $638,569,000, for salaries and expenses, with 
several provisos.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2146), provided $652,757,000, for salaries and expenses, with 
several provisos.
---------------------------------------------------------------------------
          (2) \2\ Television and film service.--For 
        ``Television and Film Service'', $31,000,000 for the 
        fiscal year 1990 and $32,240,000 for the fiscal year 
        1991.
---------------------------------------------------------------------------
    \2\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1029), provided not less than $32,800,000 specifically for 
television and film service, notwithstanding sec. 209(e) of Public Law 
100-204, for fiscal year 1990.
---------------------------------------------------------------------------
          (3) \3\ National endowment for democracy.--For 
        ``National Endowment for Democracy'' $25,000,000 for 
        the fiscal year 1990 and $25,000,000 for the fiscal 
        year 1991.
---------------------------------------------------------------------------
    \3\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1030), provided $17,000,000 for the National Endowment for 
Democracy for fiscal year 1990.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided $25,000,000, for the National Endowment for 
Democracy for fiscal year 1991.
---------------------------------------------------------------------------
          (4) \4\ Center for cultural and technical interchange 
        between east and west.--For ``Center for Cultural and 
        Technical Interchange between East and West'', 
        $20,700,000 for the fiscal year 1990 and $26,000,000 
        for the fiscal year 1991.
---------------------------------------------------------------------------
    \4\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 
Stat. 1030), provided $20,700,000 for the East-West Center for fiscal 
year 1990.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided $23,000,000, for fiscal year 1991.
---------------------------------------------------------------------------
  (b) Seville World's Fair.--(1) Subject to paragraph (2), 
there are authorized to be appropriated to the United States 
Information Agency for fiscal year 1990 $7,300,000 for United 
States participation in the World's Fair in Seville, Spain.
  (2) Funds made available under this title for any educational 
or cultural exchange program, Voice of America programming to 
China, or any overseas post of the United States Information 
Agency may not be transferred or otherwise made available for 
the purposes of paragraph (1).

SEC. 202.\5\ DISSEMINATION OF INFORMATION WITHIN THE UNITED STATES. * * 
                    *

SEC. 203. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES 
                    INFORMATION AGENCY FILM ENTITLED ``LONG JOURNEY 
                    HOME''.

  Notwithstanding section 208 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-
1(a)) and the second sentence of section 501 of the United 
States Information and Education Exchange Act of 1948 \6\ (22 
U.S.C. 1461)--
---------------------------------------------------------------------------
    \5\ Sec. 202 amended sec. 501 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461).
    \6\ See page 1228 and box note.
---------------------------------------------------------------------------
          (1) the Director of the United States Information 
        Agency shall make available to the Archivist of the 
        United States a master copy of the film entitled ``Long 
        Journey Home''; and
          (2) upon evidence that necessary United States rights 
        and licenses have been secured and paid for by the 
        person seeking domestic release of the film, the 
        Archivist shall--
                  (A) reimburse the Director for any expenses 
                of the Agency in making that master copy 
                available;
                  (B) deposit that film in the National 
                Archives of the United States; and
                  (C) make copies of that film available for 
                purchase and public viewing within the United 
                States.
Any reimbursement to the Director pursuant to this section 
shall be credited to the applicable appropriation of the United 
States Information Agency.

SEC. 204. THE J. WILLIAM FULBRIGHT FOREIGN SCHOLARSHIP BOARD.

  (a) Amendments to the Mutual Educational and Cultural 
Exchange Act of 1961. * * *
  (b) \7\ Continued Service of Members of Board of Foreign 
Scholarships.--Each member appointed to the Board of Foreign 
Scholarships before the date of the enactment of this Act shall 
continue to serve for the remainder of the term to which each 
such member was appointed.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2456 note.
---------------------------------------------------------------------------
  (c) \7\ References in Law.--Any reference in any provision of 
law to the Board of Foreign Scholarships shall, on and after 
the date of enactment of this Act, be deemed to be a reference 
to the J. William Fulbright Foreign Scholarship Board.

SEC. 205.\8\ USIA SATELLITE AND TELEVISION. * * *

SEC. 206.\9\ UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

    (a) * * *
---------------------------------------------------------------------------
    \8\ Sec. 205 added a new sec. 505, USIA Satellite and Television, 
to the United States Information and Educational Exchange Act of 1948, 
and made conforming amendment to the Foreign Relations Authorization 
Act, Fiscal Years 1988 and 1989 (Public Law 100-204).
    \9\ Sec. 206(a) amended sec. 604 of the United States Information 
and Education Exchange Act of 1948 (22 U.S.C. 1469).
---------------------------------------------------------------------------
  (b)\10\ Continued Service of Members of Commission.--Each 
member of the United States Advisory Commission on Public 
Diplomacy as in existence on the day before the effective date 
of section 604 of the United States Information and Educational 
Exchange Act of 1948 (as amended by section 213 of Public Law 
100-204) shall continue to serve for the remainder of the term 
to which such member was appointed.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 1469 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 210.\11\ USIA NETWORK FOR DISSEMINATION OF INFORMATION CONCERNING 
                    UNITED STATES PROGRAMS TO COMBAT NARCOTICS AND 
                    OTHER CONTROLLED SUBSTANCES.

  The United States Information Agency shall establish and 
maintain an international narcotics information network. The 
network shall disseminate prompt, accurate, and comprehensive 
information to foreign governments concerning programs and 
activities of the United States Government--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 1461 note.
---------------------------------------------------------------------------
          (1) to eliminate the illicit production, trafficking, 
        and abuse of narcotic and psychotropic drugs and other 
        controlled substances within the United States; and
          (2) to promote drug prevention and rehabilitation in 
        the United States.

SEC. 211. AFGHANISTAN COUNTRY PLAN.

  (a) Maintenance of Plan.--The Director of the United States 
Information Agency shall maintain a comprehensive country plan 
for the Agency's activities with respect to Afghanistan, 
consistent with the plan submitted to the Congress for the 
fiscal year 1989.
  (b) Report.--Not later than March 1, 1990, the Director of 
the United States Information Agency shall submit to the 
Congress a report describing the Afghanistan country plan and 
including a specific outline on how that country plan will be 
adapted for implementation inside a free Afghanistan.

SEC. 212. GENERAL ACCOUNTING OFFICE STUDY OF THE NATIONAL ENDOWMENT FOR 
                    DEMOCRACY.

  (a) Study of NED.--The Comptroller General of the United 
States shall conduct a study of the operations of the National 
Endowment for Democracy. Such study shall evaluate--
          (1) the programs and operations of the National 
        Endowment for Democracy;
          (2) the effectiveness of the National Endowment for 
        Democracy in fulfilling its goals; and
          (3) the management structure of the National 
        Endowment for Democracy, including--
                  (A) an assessment of the present composition 
                of the board of directors; and
                  (B) the capability and effectiveness of the 
                board in providing objective oversight of the 
                programs and operations of the National 
                Endowment for Democracy.
  (b) Report to Congress.--Not later than one year after the 
date of the enactment of this Act, the Comptroller General of 
the United States shall prepare and submit a report of the 
findings of such study to the Committee on Foreign Affairs \12\ 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate.
---------------------------------------------------------------------------
    \12\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 213. REPORT TO CONGRESS ON THE ACQUISITION AND USE OF PUBLIC 
                    PROGRAMMING MATERIALS.

  Not later than 90 days after the date of enactment of this 
Act, the Director of the United States Information Agency shall 
provide to the chairman of the Foreign Relations Committee of 
the Senate and the Speaker of the House of Representatives a 
detailed report describing all programming material acquired by 
the United States Information Agency in the fiscal years 1988 
and 1989 from public television and radio entities, including a 
description of how such program material was utilized by the 
United States Information Agency, in whole or in part, in 
original or edited form. Such report shall include a 
description of projected United States Information Agency use 
of programming material acquired for public television and 
radio entities through the fiscal year 1992.

           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

  (a) \13\ Authorization of Appropriations.--In addition to 
amounts otherwise made available under section 201 for such 
purposes, there are authorized to be appropriated to the Bureau 
of Educational and Cultural Affairs to carry out the purposes 
of the Mutual Educational and Cultural Exchange Act of 1961 the 
following amounts:
---------------------------------------------------------------------------
    \13\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1029), as amended, provided the following for 
``Educational and Cultural Exchange Programs'':
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Private Sector, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636) $156,506,000, including up to $1,500,000, to remain 
available until expended, for the Eisenhower Exchange Fellowship 
Program.''.
    Public Law 101-162 originally provided $160,300,000 for these 
programs, but was amended to read ``$156,506,000'' by sec. 320(c)(2) of 
Public Law 101-302 (104 Stat. 248).
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2146), provided the following for ``Educational and Cultural 
Exchange Programs'':
    ``For expenses of Fulbright, International Visitor, Humphrey 
Fellowship, Private Sector, and Congress-Bundestag Exchange Programs, 
as authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636), $163,151,000, of which up to $200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation, and of which $500,000 shall be 
available only for a grant to the North Pacific Studies Center in 
Portland, Oregon.''.
---------------------------------------------------------------------------
          (1) For ``Salaries and Expenses'', $43,323,000 for 
        the fiscal year 1990 and $45,056,000 for the fiscal 
        year 1991.
          (2) For the Fulbright Academic Exchange Programs, 
        $97,460,000 for the fiscal year 1990 and $101,358,000 
        for the fiscal year 1991.
          (3) For the Hubert H. Humphrey Fellowship Program, 
        $5,500,000 for the fiscal year 1990 and $5,720,000 for 
        the fiscal year 1991.
          (4) For the International Visitors Program, 
        $41,817,000 for the fiscal year 1990 and $43,490,000 
        for the fiscal year 1991.
          (5) For the Arts America Program, $6,400,000 for the 
        fiscal year 1990 and $6,656,000 for the fiscal year 
        1991.
  (b) \14\ Allocation of Funds.--Of the amounts authorized to 
be appropriated by subsection (a)(1), $150,000 for the fiscal 
year 1990 and $200,000 for the fiscal year 1991 shall be 
available only for the training at the University of Maine and 
in Washington, District of Columbia, of media personnel from 
developing French-speaking countries. The Voice of America 
International Broadcast Training Center shall administer such 
training program. The Bureau of Educational and Cultural 
Exchanges shall provide to the center such assistance as may be 
necessary in the facilitation of such program.
---------------------------------------------------------------------------
    \14\ Sec. 1102 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 waived this subsection for fiscal years 1990 and 
1991, effective February 16, 1990.
---------------------------------------------------------------------------

SEC. 222. CITIZEN EXCHANGES.

  (a) \15\ * * *
---------------------------------------------------------------------------
    \15\ Sec. 222(a) amended sec. 112 of the Mutual Educational and 
Cultural Exchange Act of 1961.
---------------------------------------------------------------------------
  (b) \16\ Transfer of Functions.--There are hereby transferred 
to the Office of Citizen Exchanges on the date of enactment of 
this Act all functions carried out by the Office of Private 
Sector Programs on the day before such date.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2460 note.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 225. SCHOLARSHIPS FOR TIBETANS AND BURMESE.

  (a) Allocation of Scholarships.--Of funds made available to 
the Bureau of Education and Cultural Affairs to carry out the 
Mutual Educational and Cultural Exchange Act of 1961, for each 
of the fiscal years 1992 and 1993 \17\ not less than 30 
scholarships are authorized to \18\ be made available to 
Tibetan students and professionals who are outside Tibet, and 
not less than 15 scholarships are authorized to \18\ be made 
available to Burmese students and professionals who are outside 
Burma.
---------------------------------------------------------------------------
    \17\ Sec. 224(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 698), struck out 
``Of the funds authorized to be appropriated by section 221 for each of 
the fiscal years 1990 and 1991,'' and inserted in lieu thereof ``Of 
funds made available to the Bureau of Education and Cultural Affairs to 
carry out the Mutual Educational and Cultural Exchange Act of 1961, for 
each of the fiscal years 1992 and 1993''.
    \18\ Sec. 224(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 699), struck out 
``shall'' and inserted in lieu thereof of ``are authorized to''.
---------------------------------------------------------------------------
  (b) Waiver.--Subsection (a) 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.

SEC. 226. SENSE OF CONGRESS CONCERNING THE HUMPHREY FELLOWSHIP PROGRAM.

  It is the sense of the Congress that the United States 
Information Agency should review the Humphrey Fellowship 
Program and consider the feasibility of broadening the 
placement of fellows under such program to provide exposure to 
the processes of the United States Government, the Congress, 
and State and local governmental processes.

                        PART C--VOICE OF AMERICA

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the United States 
Information Agency for the Voice of America for carrying out 
title V of the United States Information and Educational 
Exchange Act of 1948 and the Radio Broadcasting to Cuba Act the 
following amounts:
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $170,024,000 for the fiscal year 1990 and 
        $176,825,000 for the fiscal year 1991.
          (2) \19\ Acquisition and construction of radio 
        facilities.--For ``Acquisition and Construction of 
        Radio Facilities'', $69,000,000 for the fiscal year 
        1990 and $122,000,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \19\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1029), provided the following for ``Radio 
Construction'':
    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $85,000,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a), of which 
not to exceed $16,000,000 may be available for the completion of 
testing and first-year operations of television broadcasting to Cuba, 
including, but not limited to the purchase, rent, construction, 
improvement and equipping of facilities, operations, and staffing: 
Provided, That such funds for television broadcasting to Cuba may be 
used to purchase or lease, maintain, and operate such aircraft 
(including aerostats) as may be required to house and operate necessary 
television broadcasting equipment: Provided further, That the 
availability of such funds for television broadcasting to Cuba shall be 
subject to the provisions of part B, title II of H.R. 1487 as passed 
the House of Representatives until such time as legislation authorizing 
such activity is enacted into law.''.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided the following for ``Radio Construction'':
    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $107,237,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a).''.
---------------------------------------------------------------------------
          (3) \20\ Radio broadcasting to Cuba.--For ``Radio 
        Broadcasting to Cuba'', $12,700,000 for the fiscal year 
        1990 and $13,208,000 for the fiscal year 1991.
---------------------------------------------------------------------------
    \20\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1029), provided the following for ``Radio 
Broadcasting to Cuba'':
    ``For an additional amount, necessary to enable the United States 
Information Agency to carry out the Radio Broadcasting to Cuba Act 
(providing for the Radio Marti Program or Cuba Service of the Voice of 
America), including the purchase, rent, construction, and improvement 
of facilities for radio transmission and reception and purchase and 
installation of necessary equipment for radio transmission and 
reception as authorized by 22 U.S.C. 1471, $12,700,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a).''.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 
Stat. 2147), provided the following for ``Broadcasting to Cuba'':
    ``For expenses necessary to enable the United States Information 
Agency to carry out the Radio Broadcasting to Cuba Act, as amended (22 
U.S.C. 1465 et seq.) (providing for the Radio Marti Program or Cuba 
Service of the Voice of America), and the Television Broadcasting to 
Cuba Act (22 U.S.C. 1465aa et seq.) including the purchase, rent, 
construction, and improvement of facilities for radio and television 
transmission and reception and purchase and installation of necessary 
equipment for radio and television transmission and reception as 
authorized by 22 U.S.C. 1471, $31,069,000, to remain available until 
expended as authorized by 22 U.S.C. 1477b(a): Provided, That such funds 
for television broadcasting to Cuba may be used to purchase or lease, 
maintain, and operate such aircraft (including aerostats) as may be 
required to house and operate necessary television broadcasting 
equipment.''.
---------------------------------------------------------------------------
          (4) VOA Europe.--For ``VOA Europe'', $3,000,000 for 
        the fiscal year 1990 and $3,120,000 for the fiscal year 
        1991.
          * * * * * * *

SEC. 233.\21\ VOA PUBLIC SERVICE ANNOUNCEMENTS TO PROMOTE CHILD 
                    SURVIVAL.

  The United States Information Agency shall establish and 
maintain through the Voice of America a system of public 
service announcements focusing on child survival techniques.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1463 note.
---------------------------------------------------------------------------

SEC. 234. VOICE OF AMERICA BROADCASTS TO TIBET.

  (a) Establishment of Service.--Not later than 90 days after 
the date of enactment of this Act, the Director of the United 
States Information Agency shall establish through the Voice of 
America, a service to provide Voice of America Tibetan language 
programming to the people of Tibet.
  (b) Amount of Programming.--For each of the fiscal years 1990 
and 1991, programming broadcasts to the people of Tibet 
pursuant to this section shall occur for not less than two 
hours each day.
  (c) Report.--As soon as possible in the fiscal year 1990, the 
Director of the United States Information Agency shall submit 
to the Congress a comprehensive written report detailing the 
implementation of the programming provided for in this section.
  (d) Authorization of Appropriations.--In addition to funds 
otherwise available under subsection (e), there are authorized 
to be appropriated to the Voice of America for purposes of 
carrying out this section $1,000,000 for each of the fiscal 
years 1990 and 1991.
  (e) Transfer Authority.--The Director of the United States 
Information Agency may transfer to Voice of America Tibet 
Service such amounts appropriated for the ``Television and Film 
Service'' for each of the fiscal years 1990 and 1991 as exceed 
the amounts authorized to be appropriated for each such fiscal 
year for such Service.

SEC. 235.\22\ CONTINUING CONTRACT AUTHORITY FOR SELECTED VOICE OF 
                    AMERICA RADIO FACILITIES.

  The Director of the United States Information Agency may 
enter into a contract for the construction of the Voice of 
America's Thailand, Sri Lanka, Sao Tome, Tinian,\23\ and Kuwait 
\24\ radio facilities for periods not in excess of 5 years or 
delegate such authority to the Corps of Engineers of the United 
States Department of the Army if there are sufficient funds to 
cover at least the Government's liability for payments for the 
fiscal year in which the contract is awarded plus the full 
amount of estimated cancellation costs.
---------------------------------------------------------------------------
    \22\ Sec. 1(a) of Public Law 102-499 (106 Stat. 3264) restated the 
section heading. It formerly read ``voice of america's thailand radio 
facilities''.
    \23\ Sec. 410 of Public Law 104-134 (110 Stat. 1321-45) inserted 
``Tinian,'' after ``Sao Tome,''.
    \24\ Sec. 1(b) of Public Law 102-499 (106 Stat. 3264) inserted ``, 
Sri Lanka, Sao Tome, and Kuwait'' after ``Thailand''.
---------------------------------------------------------------------------

SEC. 236. VOICE OF AMERICA BROADCASTS TO THE PEOPLE'S REPUBLIC OF 
                    CHINA.

  For each of the fiscal years 1990 and 1991, the Voice of 
America shall provide not less than 12 hours of programming 
each day for the People's Republic of China.

SEC. 237. VOICE OF AMERICA EQUIPMENT ABROAD.

  It is the sense of the Congress that the United States 
Information Agency and the Voice of America should take every 
step necessary to ensure that existing Voice of America 
equipment abroad is properly maintained and enhanced to prevent 
deterioration.

              PART D--TELEVISION BROADCASTING TO CUBA \25\

          * * * * * * *
      
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    \25\ For this and other legislation relating to broadcasting to 
Cuba, see page 1519.
 i. United States Information Agency Authorization, Fiscal Years 1988 
                                and 1989

  Partial text of Public Law 100-204 [Foreign Relations Authorization 
 Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331, approved 
December 22, 1987; as amended by Public Law 101-246 [Foreign Relations 
 Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 
 15, approved February 16, 1990; Public Law 102-138 [Foreign Relations 
 Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 
  647, approved October 28, 1991; and by Public Law 105-277 [Foreign 
 Relations Authorization Act, Fiscal Years 1998 and 1999; H.R. 4328], 
               112 Stat. 2681, approved October 21, 1998


          Note.--Sections of this Act amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate acts.



 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
  the Department of State, the United States Information Agency, the 
  Voice of America, the Board for International Broadcasting, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

             TITLE II--THE UNITED STATES INFORMATION AGENCY

SEC. 201. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF FUNDS.

  There are authorized to be appropriated to the United States 
Information Agency the following amounts to carry out 
international information activities under the United States 
Information and Educational Exchange Act of 1948, 
Reorganization Plan Number 2 of 1977, and other purposes 
authorized by law:
          (1) For ``Salaries and Expenses'', $369,455,000 for 
        the fiscal year 1988 and $376,845,000 for the fiscal 
        year 1989;
          (2) \1\ For ``Television and Film Service'', 
        $30,391,000 for the fiscal year 1988 and $30,999,000 
        for the fiscal year 1989; and
---------------------------------------------------------------------------
    \1\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1988 (sec. 101(a) of the 
Continuing Appropriations Act of 1988; Public Law 100-202; 101 Stat. 
1329), provided the following appropriations for ``Television and Film 
Service'': $36,900,000. In appropriating fiscal year 1988 funds for 
``Salaries and Expenses'', however, it waived sec. 201(2).
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1989 (Public Law 100-459; 102 
Stat. 2186), provided appropriations of $38,500,000 for ``Television 
and Film Service'', and waived sec. 201(2).
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          (3) \2\ For ``East-West Center'', $20,000,000 for the 
        fiscal year 1988 and $20,400,000 for the fiscal year 
        1989.
---------------------------------------------------------------------------
    \2\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1988 (sec. 101(a) of the 
Continuing Appropriations Act of 1988; Public Law 100-202; 101 Stat. 
1329), provided the following appropriations for the ``East-West 
Center'': $20,000,000.
    The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1989 (Public Law 100-459; 102 
Stat. 2186), provided appropriations of $20,000,000 for the ``East-West 
Center''.
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          * * * * * * *

SEC. 204.\3\ * * * [Repealed--1991]
---------------------------------------------------------------------------

    \3\ 22 U.S.C. 1461 note. Sec. 206(c) of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 
Stat. 693), repealed sec. 204. See also sec. 812 of the United States 
Information and Educational Exchange Act of 1948, as added by sec. 
206(a) of Public Law 102-138.
    Earlier, sec. 204 was waived during fiscal years 1988 and 1989 by 
sec. 305 of the Department of State Appropriations Act, 1988 (sec. 
101(a) of the Continuing Appropriations Act for Fiscal Year 1988, 
Public Law 100-202; 101 Stat. 1329). In providing appropriations for 
fiscal year 1988 for United States Information Agency ``Salaries and 
Expenses'', however, sec. 101(a) of the Continuing Appropriations Act, 
1988, also waived sec. 204.
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          * * * * * * *

SEC. 206. UNITED STATES INFORMATION AGENCY PROGRAMMING ON AFGHANISTAN.

  (a) The Afghanistan Country Plan.--The Director of the United 
States Information Agency shall implement a formal, 
comprehensive country plan on Afghanistan based on the 
guidelines set forth in the United States Information Agency 
country plan instructions for fiscal year 1988.
  (b) Report to Congress.--Not later than 60 days after the 
date of the enactment of this Act, the Director of the United 
States Information Agency shall provide Congress in writing 
with the proposed comprehensive Afghanistan country plan.
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    \4\ Formerly at 22 U.S.C. 1463 note. Sec. 1336(7) of Public Law 
105-277 (112 Stat. 2681-790) repealed sec. 207, which provided as 
follows:
    ``SEC. 207. TELEVISION SERVICE OF THE UNITED STATES INFORMATION 
AGENCY.
    ``The television and film service of the United States Information 
Agency, including Worldnet broadcasts, shall operate under the same 
criteria and conditions as are specified for the Voice of America by 
section 503 of the United States Information and Educational Exchange 
Act of 1948 (22 U.S.C. 1463).''.
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 SEC. 207.\4\ * * * [Repealed--1998]

 SEC. 208. LIMITATION ON WORLDNET FUNDING.

  Funds may not be reprogrammed in fiscal years 1988 and 1989 
from any program, project, or activity for Worldnet. Funds may 
not be transferred in fiscal years 1988 and 1989 from any other 
account for Worldnet.

SEC. 209. AUDIENCE SURVEY OF WORLDNET PROGRAM.

  (a) Earmark.--Of the funds authorized to be appropriated for 
USIA's Worldnet Program by section 201(2), not less than 
$500,000 for the fiscal year 1988 shall be available only for 
the purpose of conducting a market survey in Europe of USIA's 
Worldnet programming.
  (b) Qualifications of Surveyor.--Such survey shall be 
conducted by a television market survey company which has a 
long established reputation for objective estimates of 
television audience size and which has not less than 15 years 
of substantial experience in estimating audience size.
  (c) \5\ * * * [Repealed--1998]
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    \5\ Sec. 2219(a)(6) of public Law 105-277 (112 Stat. 2681-817) 
repealed subsecs. (c) and (d). Subsec. (c) required a report from USIA 
on the viewers of certain Worldnet programming. Subsec. (d) required 
USIA to notify Congress on the awarding of the survey contract 
authorized in subsecs. (a) and (b).
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  (d) \5\ * * * [Repealed--1998]
  (e) \6\ * * * [Repealed--1990]
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    \6\ Sec. 205(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 51), repealed 
subsec. (e). It formerly read as follows:
    ``(e) Limitation.--No funds authorized to be appropriated to the 
United States Information Agency shall be expended after October 1, 
1988, on the production or acquisition of passive (noninteractive) 
programs for USIA's Worldnet television service unless--
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          ``(1) the survey required by this section has been completed 
        in the manner described by this section;
          ``(2) the report required by this section, along with a copy 
        of the survey results, has been submitted to the Chairman of 
        the Committee on Foreign Relations of the Senate and the 
        Chairman of the Committee on Foreign Affairs of the House of 
        Representatives; and
          ``(3) the survey shows with a high degree of reliability that 
        the average daily European audience for the passive 
        (noninteractive) programs of USIA's Worldnet television service 
        is not less than 2,000,000 viewers.''.

SEC. 210. NATIONAL ENDOWMENT FOR DEMOCRACY.

  In addition to amounts authorized to be appropriated by 
section 201, there are authorized to be appropriated to the 
United States Information Agency $17,500,000 for the fiscal 
year 1988 \7\ and $18,100,000 for the fiscal year 1989 \8\ to 
be available only for a grant to the National Endowment for 
Democracy for carrying out its purposes, of which not less than 
$250,000 for the fiscal year 1988 shall be used to support 
elements of the free press, including free radio, and the 
democratic civic opposition inside Nicaragua which espouse 
democratic principles and objectives. As is the case with all 
programs of the National Endowment for Democracy, no employee 
of any department, agency, or other component of the United 
States Government may participate, directly or indirectly, in 
controlling and directing the use of these funds to the free 
press and democratic civic opposition inside Nicaragua.
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    \7\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1988 (sec. 101(a) of the 
Continuing Appropriations Act of 1988; Public Law 100-202; 101 Stat. 
1329), provided the following appropriations for the ``National 
Endowment for Democracy'': $16,875,000.
    \8\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1989 (Public Law 100-459; 102 
Stat. 2222), provided the following appropriations for the ``National 
Endowment for Democracy'': $15,800,000.
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          * * * * * * *

SEC. 214.\9\ DISTRIBUTION WITHIN THE UNITED STATES OF USIA FILM 
                    ENTITLED ``AMERICA THE WAY I SEE IT''.

  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 Education Exchange Act of 1948 (22 U.S.C. 
1461)--\10\
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    \9\ Sec. 214 was also enacted as Public Law 100-167 (101 Stat. 
910). For a listing of other USIA films or artistic works for which 
distribution within the United States has been authorized in recent 
years, see pages 1228-1229.
    \10\ Secs. 208 and 501 noted in this sentence restricted the 
domestic activities of the United States Information Agency.
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          (1) the Director of the United States Information 
        Agency shall make available to the Archivist of the 
        United States a master copy of the film entitled 
        ``America The Way I See It''; and
          (2) upon evidence that necessary United States rights 
        and licenses have been secured and paid for by the 
        person seeking domestic release of the film, the 
        Archivist shall--
                  (A) reimburse the Director for any expenses 
                of the Agency in making that master copy 
                available;
                  (B) deposit that film in the National 
                Archives of the United States; and
                  (C) make copies of that film available for 
                purchase and public viewing within the United 
                States.
Any reimbursement to the Director pursuant to this section 
shall be credited to the applicable appropriation of the United 
States Information Agency.

SEC. 215. AVAILABILITY OF CERTAIN USIA PHOTOGRAPHS FOR DISTRIBUTION 
                    WITHIN THE UNITED STATES BY THE DEPARTMENT OF 
                    DEFENSE.

  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),\10\ the Director of the United States Information Agency 
shall make available, upon request, to the Secretary of Defense 
and the Secretaries of the military departments concerned 
photographs of military operations and military related 
activities that occurred in the Republic of Vietnam for the 
purpose of developing and publishing military histories by 
those departments. The Secretary of Defense, or the Secretary 
of the military department concerned, as appropriate, shall 
reimburse the Director for any expenses involved in making such 
photographs available. Any reimbursement to the Director 
pursuant to this section shall be credited to the applicable 
appropriation of the United States Information Agency.

SEC. 216. USIA UNDERGRADUATE SCHOLARSHIP PROGRAM.

  (a) Increased Funding for Caribbean Region.--It is the sense 
of the House of Representatives that the United States 
Information Agency should provide increased funding for 
students in the Caribbean region under the scholarship program 
for developing countries established by title VI of the Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987.
  (b) Definition.--
          (1) As used in this section, the term ``Caribbean 
        region'' means--
                  (A) Antigua and Barbuda, Aruba, the Bahamas, 
                Barbados, Belize, Cuba, Dominica, the Dominican 
                Republic, Grenada, Guyana, Haiti, Jamaica, St. 
                Christopher and Nevis, St. Vincent and the 
                Grenadines, St. Lucia, Trinidad and Tobago;
                  (B) Anguilla, British Virgin Islands, Cayman 
                Islands, Montserrat, Netherlands Antilles, 
                Turks and Caicos Islands; and
                  (C) French Guiana, Guadeloupe, and 
                Martinique.
          (2) Nothing in this subsection may be construed to 
        encourage or authorize scholarships for students from 
        any country which is a Communist country.

              TITLE III--EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

  (a) Authorization of Appropriations.--In addition to amounts 
authorized to be appropriated by section 201, there are 
authorized to be appropriated to the United States Information 
Agency for the Bureau of Educational and Cultural Affairs 
$188,625,000 for the fiscal year 1988 \11\ and $192,438,000 for 
the fiscal year 1989 \12\ to carry out the purposes of the 
Mutual Educational and Cultural Exchange Act of 1961. Of the 
funds authorized to be appropriated by this section, not less 
than--
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    \11\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1988 (sec. 101(a) 
of the Continuing Appropriations Act of 1988; Public Law 100-202; 101 
Stat. 1329), provided the following for ``Educational and Cultural 
Exchange Programs'':
    ``Notwithstanding section 301(a)(1) through (7) of H.R. 1777 (the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989), for 
expenses of Fulbright, International Visitor, Humphrey Fellowship and 
Congress-Bundestag Exchange Programs, as authorized by Reorganization 
Plan No. 2 of 1977 and the Mutual Educational and Cultural Exchange 
Act, as amended (22 U.S.C. 2451 et seq.), $142,310,000: Provided, That 
not less than $540,000 shall be made available to the Institute for 
Representative Government for a pilot program for exchanges of persons 
and other exchange-related activities with legislators and legislatures 
of developing democracies: Provided further, That not less than 
$2,000,000 shall be made available for a grant to the Oregon Historical 
Society to assist in the establishment of the North Pacific Research 
Center in Portland, Oregon. For the Private Sector Exchange Programs, 
$7,730,000 of which $500,000 shall be available only for the Seattle 
Goodwill Games Organizing Committee for Cultural Exchange and other 
exchange-related activities associated with the 1990 Goodwill Games to 
be held in Seattle, Washington.''.
    \12\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2221), provided the following for ``Educational and 
Cultural Exchange Programs'': $150,040,000, to be disbursed by the 
programs listed in subpar. (1) through (4), and of the appropriation 
``$9,290,000 is for Private Sector Programs including up to $1,500,000, 
to remain available until expended, for the Eisenhower Exchange 
Fellowship Program.''.
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          (1) $93,000,000 for the fiscal year 1988 and 
        $93,000,000 for the fiscal year 1989 shall be available 
        only for grants for the Fulbright Academic Exchange 
        Programs;
          (2) $39,000,000 for the fiscal year 1988 and 
        $39,000,000 for the fiscal year 1989 shall be available 
        only for grants for the International Visitors Program;
          (3) $5,250,000 for the fiscal year 1988 and 
        $5,250,000 for the fiscal year 1989 shall be available 
        only for grants for the Hubert H. Humphrey Fellowship 
        Program;
          (4) $2,500,000 for the fiscal year 1988 and 
        $2,500,000 for the fiscal year 1989 shall be available 
        only for the Congress-Bundestag Exchange;
          (5) $500,000 for the fiscal year 1988 and $500,000 
        for the fiscal year 1989 shall be available only to the 
        Seattle Goodwill Games Organizing Committee for 
        Cultural Exchange and other exchange-related activities 
        associated with the 1990 Goodwill Games to be held in 
        Seattle, Washington;
          (6) \13\ $5,000,000 for the fiscal year 1988 and 
        $5,000,000 for the fiscal year 1989 shall be available 
        only for the Arts America Program; and
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    \13\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2221), in appropriating funds for salaries and 
expenses, waived sec. 301(a)(6).
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          (7) $300,000 for the fiscal year 1988 shall be 
        available only for books and materials to complete the 
        collections at the Edward Zorinsky Memorial Library in 
        Jakarta, Indonesia.
  (b) Allocation of Funds for Exchanges Between the United 
States and the Soviet Union.--(1) Of the funds authorized to be 
appropriated by subsection (a), not less than $2,000,000 shall 
be available only for grants for exchange of persons programs 
between the United States and the Soviet Union.
  (2) Funds allocated by paragraph (1) or (2) of subsection (a) 
may be counted toward the allocation required by this 
subsection to the extent that such funds are used, in 
accordance with their respective programs, for grants for 
exchange of persons programs between the United States and the 
Soviet Union.

SEC. 302. SAMANTHA SMITH MEMORIAL EXCHANGE PROGRAM.

  (a) \14\ * * *
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    \14\ Subsec. (a) amended sec. 112(a) of the Mutual Educational 
Exchange Act of 1961 to establish the Samantha Smith Memorial Exchange 
Program.
---------------------------------------------------------------------------
  (b) Authorization of Appropriations.--In addition to amounts 
authorized to be appropriated by section 301, there is 
authorized to be appropriated $2,000,000 for fiscal year 1988 
and $2,000,000 for fiscal year 1989 to carry out the program 
established by the amendment made by subsection (a).

SEC. 303.\15\ * * *
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    \15\ Sec. 303 amended sec. 112(a) of the Mutual Educational 
Exchange Act of 1961 to establish the Arts America Program.
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 SEC. 304. PROFESSORSHIP ON CONSTITUTIONAL DEMOCRACY.

  (a) Federal Support for Professorship.--The President, in 
support of the statutory program of American studies abroad, is 
directed to foster studies in constitutional democracy at the 
Santo Tomas University in the Republic of the Philippines by 
supporting at such university under section 102(b)(4) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
2452(b)(4)) a professorship on the subject of constitutional 
democracy, if such professorship is established by such 
university.
  (b) Financial Support for the Professorship.--If the 
professorship referred to in subsection (a) is established by 
the Santo Tomas University in the Republic of the Philippines, 
veterans of the Pacific theater in World War II and veterans of 
the Korean conflict and Vietnam era are encouraged to 
contribute funds under section 105(f) of the Mutual Educational 
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)) to 
support such professorship.
          * * * * * * *

SEC. 306. THE EDWARD ZORINSKY MEMORIAL LIBRARY.

  (a) Memorial for Edward Zorinsky.--The United States 
Information Service library in Jakarta, Indonesia is named 
``The Edward Zorinsky Memorial Library''.
  (b) Memorial Plaque.--The Director of the United States 
Information Agency shall cause a plaque to be made and 
prominently displayed at the library described in subsection 
(a). The plaque shall bear the following inscription:

                 ``THE EDWARD ZORINSKY MEMORIAL LIBRARY

  ``This library is dedicated to the memory of Edward Zorinsky, 
United States Senator from Nebraska. As a Senator, Edward 
Zorinsky worked tirelessly to promote the free exchange of 
ideas and people between the United States and other countries. 
This library, which is a forum for the exchange of ideas and 
knowledge between the people of the United States and the 
people of Indonesia, was reopened after a hiatus of more than 
twenty years as a result of legislation authored by Senator 
Zorinsky.''.

SEC. 307. CULTURAL PROPERTY ADVISORY COMMITTEE.

    (a) \16\ * * *
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    \16\ Subsec. (a) amended sec. 306(b)(3)(A) of the Convention on 
Cultural Property Implementation Act to establish terms of service for 
members of the Cultural Property Advisory Committee.
---------------------------------------------------------------------------
    (b) * * *
    (c) Application.--The amendment made by subsection (a) 
shall apply to members of the Cultural Property Advisory 
Committee first appointed after the date of enactment of this 
Act.

                       TITLE IV--VOICE OF AMERICA

SEC. 401.\17\ AUTHORIZATIONS OF APPROPRIATIONS.

  In addition to the amounts authorized to be appropriated 
under title II, there are authorized to be appropriated the 
following amounts to the United States Information Agency for 
the Voice of America for the purpose of carrying out title V of 
the United States Information and Educational Exchange Act of 
1948 and the Radio Broadcasting to Cuba Act:
---------------------------------------------------------------------------
    \17\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2221), provided the following for ``Radio 
Construction'':
    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $65,000,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a): Provided, 
That not to exceed $7,500,000 of these funds may be available for the 
purchase, rent, construction, improvement and equipping of facilities 
for an startup operations including a test of television broadcasting 
to Cuba: Provided further, That in conducting such startup operations 
the United States Information Agency shall use a tethered aerostat 
operated and located at Cudjoe Key Air Force Base in Key West, Florida, 
if feasible and subject to reimbursement, for both the United States 
Customs Service's drug interdiction efforts and the United States 
Information Agency's test of television broadcasting to Cuba: Provided 
further, That the Department of Defense shall provide the necessary 
military support required to support this effort to the maximum extent 
possible: Provided further, That all such television broadcasting 
activities shall be conducted for the same purposes and, to the extent 
feasible, under the same conditions, direction and controls as the 
radio broadcasting activities authorized by the Radio Broadcasting to 
Cuba Act: Provided further, That notwithstanding the preceding proviso, 
section 7 of the Radio Broadcasting to Cuba Act shall not apply to 
television broadcasting station licensees.''.
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          (1) for ``Salaries and Expenses'', $177,200,000 for 
        the fiscal year 1988 and $180,744,000 for the fiscal 
        year 1989;
          (2) \18\ for ``Voice of America/Europe'', $3,000,000 
        for the fiscal year 1988 and $3,060,000 for the fiscal 
        year 1989; and
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    \18\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1988 (sec. 101(a) 
of the Continuing Appropriations Act of 1988; Public Law 100-202; 101 
Stat. 1329), provided the following: ``Funds appropriated to the United 
States Information Agency for radio construction and to the Board for 
International Broadcasting for facility modernization, including for 
both agencies balances available from prior years, may be transferred 
between the two agencies to meet priority broadcasting facility 
improvement needs as mutually agreed to by the Director of the United 
States Information Agency and the Chairman of the Board for 
International Broadcasting: Provided, That such transfers will be 
subject to the approval of the Committees on Appropriations of the 
House of Representatives and the United States Senate pursuant to the 
reprogramming provisions of section 608 of this Act.''.
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          (3) \18\ for ``Radio Broadcasting to Cuba'', 
        $12,652,000 for the fiscal year 1988 \19\ and 
        $12,905,000 for the fiscal year 1989.\20\
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    \19\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1988 (sec. 101(a) 
of the Continuing Appropriations Act of 1988; Public Law 100-202; 101 
Stat. 1329), provided the following appropriation for ``Radio 
Broadcasting to Cuba'': $12,759,000.
    \20\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 
100-459; 102 Stat. 2222), provided the following appropriation for 
``Radio Broadcasting to Cuba'': $11,175,000.
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          * * * * * * *

SEC. 403.\21\ CONTRACTOR REQUIREMENTS.

  (a) Findings.--The Congress finds that the overriding 
national security aspects of the $1,300,000,000 facilities 
modernization program of the Voice of America require the 
assurance of uninterrupted logistic support under all 
circumstances for the program. Therefore, it is in the best 
interests of the United States to provide a preference for 
United States contractors bidding on the projects of this 
program.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1471 note.
---------------------------------------------------------------------------
  (b) Responsive Bid.--A bid shall not be treated as a 
responsive bid for purposes of the facilities modernization 
program of the Voice of America unless the bidder can establish 
that the United States goods and services content, excluding 
consulting and management fees, of his proposal and the 
resulting contract will not be less than 55 percent of the 
value of his proposal and the resulting total contract.
  (c) Preference for United States Contractors.--
Notwithstanding any other provision of law, in any case where 
there are two or more qualified bidders on projects of the 
facilities modernization program of the Voice of America, 
including design and construction projects and projects with 
respect to transmitters, antennas, spare parts, and other 
technical equipment, all the responsive bids of United States 
persons and qualified United States joint venture persons shall 
be considered to be reduced by 10 percent.
  (d) Exception.--
          (1) Subsection (c) shall not apply with respect to 
        any project of the facilities modernization program of 
        the Voice of America when--
                  (A) precluded by the terms of an 
                international agreement with the host foreign 
                country;
                  (B) a foreign bidder can establish that he is 
                a national of a country whose government 
                permits United States contractors and suppliers 
                the opportunity to bid on a competitive and 
                nondiscriminatory basis with its national 
                contractors and suppliers, on procurement and 
                projects related to the construction, 
                modernization, upgrading, or expansion of--
                          (i) its national public radio and 
                        television sector, or
                          (ii) its private radio and television 
                        sector, to the extent that such 
                        procurement or project is, in whole or 
                        in part, funded or otherwise under the 
                        control of a government agency or 
                        authority; or
                  (C) the Secretary of Commerce certifies (in 
                advance of the award of the contract for that 
                project) to the Director of the United States 
                Information Agency that the foreign bidder is 
                not receiving any direct subsidy from any 
                government, the effect of which would be to 
                disadvantage the competitive position of United 
                States persons who also bid on the project; or
                  (D) the statutes of a host foreign country 
                prohibit the use of United States contractors 
                on such projects within that country.
          (2) An exception under paragraph (1)(D) shall only 
        become effective with respect to a foreign country 30 
        days after the Secretary of State certifies to the 
        Committee on Foreign Affairs \22\ and the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate what specific actions the 
        Secretary has taken to urge the foreign country to 
        permit the use of United States contractors on such 
        projects.
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    \22\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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  (d) Definitions.--For purposes of this section--
          (1) the term ``United States person'' means a person 
        that--
                  (A) is incorporated or otherwise legally 
                organized under the laws of the United States, 
                including any State (and any political 
                subdivision thereof) and the District of 
                Columbia;
                  (B) has its principal place of business in 
                the United States;
                  (C) has been incorporated or otherwise 
                legally organized in the United States for more 
                than 5 years before the issuance date of the 
                Invitation For Bids or the Request For 
                Proposals with respect to a modernization 
                project under subsection (b);
                  (D) has proven, as indicated by prior 
                contracting experience, to possess the 
                technical, managerial, and financial capability 
                to successfully complete a project similar in 
                nature and technical complexity to that being 
                contracted for;
                  (E)(i) employs United States citizens in at 
                least 80 percent of its principal management 
                positions in the United States;
                  (ii) employs United States citizens in more 
                than half of its permanent, full-time positions 
                in the United States; and
                  (iii) will employ United States citizens in 
                at least 80 percent of the supervisory 
                positions on the modernization project site; 
                and
                  (F) has the existing technical and financial 
                resources in the United States to perform the 
                contract; and
          (2) the term ``qualified United States joint venture 
        person'' means a joint venture in which a United States 
        person or persons own at least 51 percent of the assets 
        of the joint venture.
  (e) Effective Date.--The provisions of this section shall 
apply to any project with respect to which the Request For 
Proposals (commonly referred to as ``RFP'') or the Invitation 
For Bids (commonly referred to as ``IFB'') was issued after 
December 28, 1986.
          * * * * * * *
 j. United States Information Agency Authorization, Fiscal Years 1986 
                                and 1987

 Partial text of Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved 
     August 16, 1985, amended by Public Law 103-149 [South African 
Democratic Transition Support Act of 1993, H.R. 3225], 107 Stat. 1503, 
   approved November 23, 1993; Public Law 103-236 [Foreign Relations 
 Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 
                      382, approved April 30, 1994

 AN ACT To authorize appropriations for fiscal years 1986 and 1987 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, and for other purposes.


          Note.--Sections of this Act amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate acts.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE II--UNITED STATES INFORMATION AGENCY

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts otherwise available for such 
purposes, there are authorized to be appropriated for the 
United States Information Agency $887,900,000 for the fiscal 
year 1986 \1\ and $887,900,000 for the fiscal year 1987 \2\ to 
carry out international information, educational, cultural, and 
exchange programs under the United States Information and 
Educational Exchange Act of 1948, the Mutual Educational and 
Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 
1977, the Radio Broadcasting to Cuba Act, and other purposes 
authorized by law. Amounts appropriated under this section are 
authorized to remain available until expended.
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    \1\ The Department of State and Related Agencies Appropriation Act, 
1986 (Title V of Public Law 99-180; 99 Stat. 1167), included for fiscal 
year 1986 the following appropriations: salaries and expenses--
$571,000,000; educational and cultural exchange programs--$128,106,000 
(and $9,894,000 for private sector exchange programs); acquisition and 
construction of radio facilities--$114,000,000; radio broadcasting to 
Cuba--$10,700,000; Center for Cultural and Technical Interchange 
Between East and West--$20,750,000; National Endowment for Democracy--
$18,000,000.
    \2\ Title V of sec. 101(l) of the Continuing Appropriations Act, 
1987 (Public Law 99-591; 100 Stat. 3341), included for fiscal year 1987 
the following appropriations: salaries and expenses--$570,000,000; 
educational and cultural exchange programs--$135,270,000 (and 
$9,730,000 for private sector exchange programs); acquisition and 
construction of radio facilities--$46,000,000; radio broadcasting to 
Cuba--$11,250,000; Center for Cultural Interchange between East and 
West--$20,000,000; National Endowment for Democracy--$15,000,000.
---------------------------------------------------------------------------

SEC. 202. MODERNIZATION OF VOICE OF AMERICA.

    Of the authorizations of appropriations contained in 
section 201, authorizations of $136,594,000 for the fiscal year 
1986 and $136,594,000 for the fiscal year 1987, which shall be 
available for essential modernization of the facilities and 
operations of the Voice of America, shall remain available 
until the appropriations are made and when those amounts are 
appropriated they are authorized to remain available until 
expended.

SEC. 203. RADIO BROADCASTING TO CUBA.

    Of the amounts authorized to be appropriated by section 
201, not less than $11,500,000 for the fiscal year 1986 and not 
less than $11,700,000 for the fiscal year 1987 shall be 
available for the implementation of the Radio Broadcasting to 
Cuba Act.

SEC. 204. FUNDS FOR EDUCATIONAL AND CULTURAL EXCHANGES.

    Of the amounts authorized to be appropriated by section 
201--
          (1) not less than $128,899,500 for the fiscal year 
        1986 and not less than $141,996,000 for the fiscal year 
        1987 shall be available only for grants for the 
        Fulbright Academic Exchange Programs and the 
        International Visitor Program;
          (2) not less than $4,891,500 for the fiscal year 1986 
        and not less than $5,479,000 for the fiscal year 1987 
        shall be available only for grants for the Humphrey 
        Fellowship Program; and
          (3) $45,400,000 for the fiscal year 1986 and 
        $45,100,000 for the fiscal year 1987 shall be allocated 
        to fund grants and exchanges to Latin America and the 
        Caribbean, and the amounts utilized for programs in 
        Central America shall be obligated in a manner 
        consistent with the recommendations of the National 
        Bipartisan Commission on Central America.

SEC. 205. FUNDS FOR WORLDWIDE BOOK PROGRAM INITIATIVE.

    Of the amounts authorized to be appropriated by section 
201, not less than $7,500,000 for each of the fiscal years 1986 
and 1987 shall be available only for the worldwide book program 
initiative.

SEC. 206. FUNDS FOR EXCHANGE ACTIVITIES ASSOCIATED WITH THE 1987 PAN 
                    AMERICAN GAMES.

    Of the amounts authorized to be appropriated for the fiscal 
years 1986 and 1987 by section 201, not less than $1,500,000 
for each such fiscal year shall be available only to the 
Indiana Sports Corporation for exchanges of persons and other 
exchange-related activities associated with the 1987 Pan 
American Games to be held in Indianapolis, Indiana.

SEC. 207. FUNDS FOR INTERNATIONAL GAMES FOR THE HANDICAPPED.

    Of the amounts authorized to be appropriated for fiscal 
year 1986 by section 201, $3,000,000 shall be available only to 
reimburse expenses for exchange of athletes, coaches, and 
officials participating in international games for the 
handicapped which are conducted in the United States.

SEC. 208.\3\ BAN ON DOMESTIC ACTIVITIES BY THE USIA.

    Except as provided in section 501 of the United States 
Information and Education Exchange Act of 1948 (22 U.S.C. 1461) 
and this section, no funds authorized to be appropriated to the 
United States Information Agency shall be used to influence 
public opinion in the United States, and no program material 
prepared by the United States Information Agency shall be 
distributed within the United States. This section shall not 
apply to programs carried out pursuant to the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 
et seq.). The provisions of this section shall not prohibit the 
United States Information Agency from responding to inquiries 
from members of the public about its operations, policies, or 
programs.\4\
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1461-1a. See sec. 501 of the United States 
Information and Educational Exchange Act of 1948, and related box note, 
for exceptions to this prohibition, beginning at page 1228.
    Sec. 1333(a) of Public Law 105-277 (112 Stat. 2681-785) provided 
the following:
    ``SEC. 1333. APPLICATION OF CERTAIN LAWS.
    ``(a) Application to Functions of Department of State.--Section 501 
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 
1461-1a) shall not apply to public affairs and other information 
dissemination functions of the Secretary of State as carried out prior 
to any transfer of functions pursuant to this subdivision.
    ``(b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 
99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy programs 
of the Director of the United States Information Agency as carried out 
prior to any transfer of functions pursuant to this subdivision to the 
same extent that such programs were covered by these provisions prior 
to such transfer.
    ``(c) Limitation on Use of Funds.--Except as provided in section 
501 of Public Law 80-402 and section 208 of Public Law 99-93, funds 
specifically authorized to be appropriated for such public diplomacy 
programs shall not be used to influence public opinion in the United 
States, and no program material prepared using such funds shall be 
distributed or disseminated in the United States.''.
    \4\ Sec. 232 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 424), added the last 
sentence in this section.
---------------------------------------------------------------------------

SEC. 209. PRIVATE SECTOR FUNDING FOR USIA'S PRIVATE SECTOR PROGRAM.

    (a) Limitation on Grants.--No grant shall be made to any 
organization through the Private Sector Program of the United 
States Information Agency unless--
          (1) costs equal to at least 15 percent of grants from 
        the United States Information Agency in fiscal year 
        1986, and
          (2) costs equal to at least 25 percent of grants from 
        the United States Information Agency in fiscal year 
        1987, for that organization's exchange and exchange-
        related programs are provided for from non-United 
        States Government sources.
    (b) Exemption for Certain Organizations.--Subsection (a) 
shall not apply to grantee organizations which have been in 
existence for less than one year.
    (c) Prohibition on Funding 1985 International Youth Year 
Activities.--No funds from fiscal year 1986 appropriations for 
the United States Information Agency or for any other United 
States Government agency shall be available for grants related 
to 1985 International Youth Year activities.

SEC. 210.\5\ * * *
---------------------------------------------------------------------------

    \5\ Sec. 210 amended the National Endowment for Democracy Act (22 
U.S.C. 4411 et seq.).
---------------------------------------------------------------------------

SEC. 211.\6\ * * * [Repealed--1993]
---------------------------------------------------------------------------

    \6\ Sec. 4(b)(2) of the South African Democratic Transition Support 
Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed sec. 211, 
relating to promoting democracy and an end to the apartheid policies in 
South Africa.
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          * * * * * * *
  k. United States Information Agency Authorization Act, Fiscal Years 
                             1984 and 1985

Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017, approved 
  November 22, 1983; amended by Public Law 103-236 [Foreign Relations 
 Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 
                      382, approved April 30, 1994

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.


          Note.--Sections of this Act amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate acts.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE II--UNITED STATES INFORMATION AGENCY

                              short title

    Sec. 201. This title may be cited as the ``United States 
Information Agency Authorization Act, Fiscal Years 1984 and 
1985''.

                    authorization of appropriations

    Sec. 202. In addition to the amounts otherwise authorized 
for such purposes, there are authorized to be appropriated for 
the United States Information Agency $642,348,000 for the 
fiscal year 1984 \1\ and $806,239,000 for the fiscal year 1985 
\2\ to carry out international information, educational, 
cultural, and exchange programs under the United States 
Information and Educational Exchange Act of 1948, the Mutual 
Educational and Cultural Exchange Act of 1961, and 
Reorganization Plan Numbered 2 of 1977, and other purposes 
authorized by law.
---------------------------------------------------------------------------
    \1\ The Department of State and Related Agencies Appropriations 
Act, 1984 (title III of Public Law 98-166; 97 Stat. 1097) included 
$624,565,000 for fiscal year 1984, itemized as follows: salaries and 
expenses--$471,853,000; educational and cultural exchange programs--
$92,900,000; salaries and expenses (special foreign currency program)--
$9,800,000; Center for Cultural and Technical Interchange between East 
and West--$18,362,000; and acquisition and construction of radio 
facilities--$31,000,000.
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1985 (title III of Public Law 98-411; 98 Stat. 1564) included 
$768,856,000 for fiscal year 1985, itemized as follows: salaries and 
expenses--$545,856,000; salaries and expenses (special foreign currency 
program)--$8,000,000; educational and cultural exchange programs--
$130,000,000; acquisition and construction of radio facilities--
$85,000,000. The Supplemental Appropriations Act, 1985 (title I of 
Public Law 99-88; 99 Stat. 293), for fiscal year 1985, provided as 
follows:
---------------------------------------------------------------------------

              ``educational and cultural exchange programs
---------------------------------------------------------------------------
    ``Of the funds made available under this head in Public Law 98-411, 
$3,800,000 for the pilot Central American Undergraduate Scholarship 
program shall remain available until September 30, 1986; and for an 
additional amount under this head, $9,000,000, to remain available 
until September 30, 1986.
    ``For an additional amount under this head to promote the 
development of an independent media service by the Afghan people and to 
provide for the training of Afghans in media and media-related fields, 
$500,000, to remain available until September 30, 1986: Provided, That 
the Director, with the Secretary of State, shall report to the 
appropriate committees of Congress on the obligation of these funds 60 
days from the date of enactment of this Act.
    ``For the Private Sector Exchange Programs, an additional $500,000 
is provided, to remain available until expended, for the model Chinese-
American Development Student Exchange Program at Tufts University as 
authorized by the Mutual Educational and Cultural Exchange Act, as 
amended (22 U.S.C. 2451 et seq.).
---------------------------------------------------------------------------

           ``acquisition and construction of radio facilities
---------------------------------------------------------------------------
    ``For an additional amount for `Acquisition and Construction of 
Radio Facilities', $6,648,000, to remain available until expended.
---------------------------------------------------------------------------

                   ``United States Information Agency

                        ``salaries and expenses

                             ``(rescission)
---------------------------------------------------------------------------
    ``Of available funds under this head, $2,879,000 are rescinded.''
---------------------------------------------------------------------------

              improvement of voa facilities and operations

    Sec. 203. Of the authorizations of appropriations contained 
in section 202--
          (1) authorizations of $47,959,000 for the fiscal year 
        1984, which shall be available for the acquisition and 
        construction of radio facilities,\1\ and
          (2) authorizations of $164,800,000 for the fiscal 
        year 1985, which shall be available for essential 
        modernization of the facilities and operations of the 
        Voice of America,\2\
shall remain available until the appropriations are made and 
when those amounts are appropriated they are authorized to 
remain available until expended.

                           internal auditors

    Sec. 204. Of the amounts authorized to be appropriated by 
section 202, not less than $600,000 for each of the fiscal 
years 1984 and 1985 shall be available only for the employment 
of twelve professional internal auditors for the United States 
Information Agency in excess of any internal auditors employed 
by the Agency during fiscal year 1983.

             funds for the national endowment for democracy

    Sec. 205.\3\ Of the amounts appropriated for the United 
States Information Agency for each of the fiscal years 1984 and 
1985, not less than $31,300,000 shall be available only for a 
grant, in accordance with title V of this Act, to the National 
Endowment for Democracy for use in carrying out its purposes.
---------------------------------------------------------------------------
    \3\ The Department of State and Related Agency Appropriations Act, 
1984 (title III of Public Law 98-166; 97 Stat. 1098), included 
$18,000,000 for the National Endowment for Democracy during fiscal year 
1984. The Department of State and Related Agencies Appropriations Act, 
1985 (title III of Public Law 98-411; 98 Stat. 1569), included 
$18,500,000 for the National Endowment for Democracy during fiscal year 
1985.
---------------------------------------------------------------------------

                   educational and cultural exchanges

    Sec. 206. (a) Of the funds authorized to be appropriated 
for the United States Information Agency for the fiscal year 
1984, not less than $100,500,000 shall be available only for 
grants for the Fulbright Academic Exchange Programs and the 
International Visitor Program, not less than $3,729,000 shall 
be available only for grants for the Humphrey Fellowship 
Program, and not more than $7,100,000 shall be available for 
the Private Sector Program.\4\ Funds authorized to be 
appropriated by this title for the Private Sector Program shall 
be available only for grants to not-for-profit cultural, 
educational, or exchange-of-persons organizations. Of the funds 
authorized to be appropriated for the United States Information 
Agency for fiscal year 1984, $3,000,000 shall be available only 
for enhancements of United States libraries overseas and 
programs providing support services to foreign students 
studying, or intending to study, in the United States.
---------------------------------------------------------------------------
    \4\ The Department of State and Related Agencies Appropriations 
Act, 1984 (title III of Public Law 98-166; 97 Stat. 1097), included 
$92,900,000 for educational and cultural exchange programs and 
$7,100,000 for the Private Sector Exchange Program during fiscal year 
1984.
---------------------------------------------------------------------------
    (b) Of the funds authorized to be appropriated for the 
United States Information Agency for the fiscal year 1985, not 
less than $123,100,000 shall be available only for grants for 
the Fulbright Academic Exchange Programs and the International 
Visitor Program, and not less than $4,435,000 shall be 
available only for grants for the Humphrey Fellowship 
Program.\5\
---------------------------------------------------------------------------
    \5\ The Department of State and Related Agencies Appropriations 
Act, 1985 (title III of Public Law 98-411; 98 Stat. 1569), included 
$121,352,000 for educational and cultural exchange programs and 
$8,648,000 for the Private Sector Exchange Program during fiscal year 
1985.
---------------------------------------------------------------------------

                         private sector program

    Sec. 207.\6\ (a) No funds authorized to be appropriated for 
the Private Sector Program shall be used to pay for foreign 
travel by any United States citizen who, in the five years 
preceding the date of the proposed foreign travel, made two or 
more trips financed in whole or in substantial part by grants 
from the Private Sector Program. This limitation shall not 
apply to escort interpreters accompanying delegations, to 
artists accompanying exhibitions, to persons engaging in 
theatrical or musical performances, or to the full-time staff 
of the grantee organization. In addition, the Director of the 
Bureau of Educational and Cultural Affairs may waive this 
limitation in exceptional cases if he determines that foreign 
travel is essential to the successful completion of the grant 
program and so certifies in writing to the Speaker of the House 
of Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate at least 15 days prior to the 
commencement of the proposed foreign travel.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2460 note. Sec. 139(11) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 398), repealed subsec. (b) of this section, which had required 
that the Director of the Bureau of Educational and Cultural Affairs 
report annually to Congress on certain aspects of foreign travel funded 
by the Private Sector Program.
---------------------------------------------------------------------------

                        international youth year

    Sec. 208. (a) From the funds allocated to the Private 
Sector Program, the United States Information Agency may make 
grants to youth and youth service organizations in support of 
activities to promote participation by American young people in 
the activities of International Youth Year. Activities to be 
supported shall involve exchange-of-persons. Grants under this 
subsection shall be subject to all applicable guidelines and 
notification requirements, except that organizations receiving 
such grants shall not be subject to the funding limitation on 
newer organizations which is contained in the ``ECA Grant 
Guidelines'' which were submitted to the Congress on May 4, 
1983 (see pages 42-44 of the report of the Committee on Foreign 
Relations on S. 1342 (Senate report numbered 98-143) and pages 
66-68 of the report of the Committee on Foreign Affairs \7\ to 
accompany H.R. 2915 (House of Representatives report numbered 
98-130)).
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) The Secretary of State shall ensure that any 
organization designated by the United States Government, or any 
agency thereof, as the official United States commission or 
committee for United States participation in International 
Youth Year meets the following criteria: (1) the membership of 
such organization is open to all major youth and youth service 
organizations; (2) the charter of such organization provides 
that the organization will have full financial responsibility 
for its own assets, receipts, and expenditures; and (3) the 
composition of the Governing Board shall be elected from the 
constituent youth and youth service organizations, and in such 
an election the size of the membership of the constituent youth 
and youth service organizations shall be an important factor. 
Clause (3) shall not be construed as requiring any particular 
system of proportional representation in the election of the 
Governing Board.
    (c) No funds authorized to be appropriated by this Act 
shall be made available to any organization to coordinate or 
plan for United States participation in International Youth 
Year if that organization does not meet the criteria specified 
in subsection (b).

   prohibition on lobbying with united states funds by usia grantee 
                             organizations

    Sec. 209. None of the funds authorized to be appropriated 
by this title shall be used by any grantee organization of the 
United States Information Agency for lobbying or propaganda 
which is directed at influencing public policy decisions of the 
Government of the United States or any State or locality 
thereof. This section shall not be construed so as to abridge 
the right of any grantee organization to exercise the same 
freedom of speech as is protected by the first article of 
amendment of the United States Constitution, so long as such 
organization does not use funds provided under this title in 
exercising such right.

        funds for official receptions and entertainment expenses

    Sec. 210. Notwithstanding any other provision of law, not 
more than $20,000 of the funds authorized to be appropriated to 
the United States Information Agency for the fiscal year 1984 
or for the fiscal year 1985 shall be available for domestic 
representation or entertainment expenses, including official 
receptions.

            funds for united states-german teenage exchange

    Sec. 211. In addition to amounts otherwise authorized to be 
appropriated for the United States Information Agency, there 
are authorized to be appropriated $2,500,000 for the fiscal 
year 1984 and $2,500,000 for the fiscal year 1985 to carry out 
a United States-German teenage exchange sponsored by the 
Members of the United States Congress and the West German 
Bundestag.

     funding for united states participation in the tsukuba, japan 
                            exposition 1985

    Sec. 212. In addition to amounts otherwise made available 
for such purpose, there are authorized to be appropriated to 
the United States Information Agency, without fiscal year 
limitation, $4,000,000 for expenses in connection with United 
States participation in the Tsukuba, Japan Exposition 1985.
          * * * * * * *
  l. United States Information Agency Authorization Act, Fiscal Years 
                             1982 and 1983

   Partial text of Public Law 97-241 [S. 1193], 96 Stat. 273 at 291, 
                        approved August 24, 1982

 AN ACT To authorize appropriations for fiscal years 1982 and 1983 for 
 the Department of State, the International Communication Agency, and 
   the Board for International Broadcasting, and for other purposes.


          Note.--Sections in this Act amend State Department, 
        USIA, and other foreign affairs legislation and are 
        incorporated in the appropriate acts.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

              TITLE III--UNITED STATES INFORMATION AGENCY

                              short title

    Sec. 301. This title may be cited as the ``United States 
Information Agency Authorization Act, Fiscal Years 1982 and 
1983''.

                    authorizations of appropriations

    Sec. 302. There are authorized to be appropriated for the 
United States Information Agency, as so redesignated by section 
303 of this Act, $494,034,000 for the fiscal year 1982 \1\ and 
$559,000,000 for the fiscal year 1983 \2\ to carry out 
international communication, educational, cultural, and 
exchange programs under the United States Information and 
Educational Exchange Act of 1948, the Mutual Educational and 
Cultural Exchange Act of 1961, and Reorganization Plan Numbered 
2 of 1977, and other purposes authorized by law.
---------------------------------------------------------------------------
    \1\ The Continuing Appropriations Act, 1982 (Public Law 97-92; 95 
Stat. 1183), and H.R. 4169, as passed by the House and made applicable 
to Public Law 97-92, included $488,886,000 for fiscal year 1982, 
itemized as follows: salaries and expenses--$443,286,000; salaries and 
expenses (special foreign currency program)--$9,800,000; Center for 
Cultural and Technical Interchange between East and West--$16,800,000; 
and acquisition and construction of radio facilities--$19,000,000.
    \2\ Further Continuing Appropriations Act, 1983 (Public Law 97-377; 
96 Stat. 1830 at 1877), and S. 2956, as reported in the Senate on 
September 24, 1982, and made part of Public Law 97-377, appropriated 
$545,449,000 for fiscal year 1983 itemized in the following manner: 
salaries and expenses--$492,122,000, of which $84,292,000 shall be for 
certain USIA exchange programs; salaries and expenses (special foreign 
currency program)--$10,327,000; Center for Cultural and Technical 
Interchange Between East and West--$18,000,000; and acquisition of 
radio facilities--$25,000,000.
    In addition to funds contained in Public Law 97-377 for the United 
States Information Agency during fiscal year 1983, the Supplemental 
Appropriations Act, 1983 (Public Law 98-63; 97 Stat. 307), provided the 
following:
---------------------------------------------------------------------------

                   ``United States Information Agency

                        ``salaries and expenses
---------------------------------------------------------------------------
    ``For an additional amount for `Salaries and expenses', $9,000,000, 
and, in addition there shall be available the sum of $4,000,000.
---------------------------------------------------------------------------

           ``acquisition and construction of radio facilities
---------------------------------------------------------------------------
    ``For an additional amount for `Acquisition and construction of 
radio facilities', $10,800,000.''.
---------------------------------------------------------------------------

 redesignation of the international communication agency as the united 
                       states information agency

    Sec. 303.\3\ (a) The International Communication Agency, 
established by Reorganization Plan Numbered 2 of 1977, is 
hereby redesignated the United States Information Agency. The 
Director of the International Communication Agency or any other 
official of the International Communication Agency is hereby 
redesignated the Director or other official, as appropriate, of 
the United States Information Agency.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1461 note.
---------------------------------------------------------------------------
    (b) Any reference in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding to the International 
Communication Agency or the Director or other official of the 
International Communication Agency shall be deemed to refer 
respectively to the United States Information Agency or the 
Director or other official of the United States Information 
Agency, as so redesignated by subsection (a).
          * * * * * * *

             international exchanges and national security

    Sec. 305. (a) The Congress finds that--
          (1) United States Government sponsorship of 
        international exchange-of-persons activities has, 
        during the postwar era, contributed significantly to 
        United States national security interests;
          (2) during the 1970's, while United States programs 
        declined dramatically, Soviet exchange-of-persons 
        activities increased steadily in pace with the Soviet 
        military buildup;
          (3) as a consequence of these two trends, Soviet 
        exchange-of-persons programs now far exceed those 
        sponsored by the United States Government and thereby 
        provide the Soviet Union an important means of 
        extending its worldwide influence;
          (4) the importance of competing effectively in this 
        area is reflected in the efforts of major United States 
        allies, whose programs also represent far greater 
        emphasis on exchange-of-persons activities than is 
        demonstrated by the current United States effort; and
          (5) with the availability of increased resources, the 
        United States exchange-of-persons program could be 
        greatly strengthened, both qualitatively and 
        quantitatively.
    (b) It is therefore the sense of the Congress that--
          (1) United States exchange-of-persons activities 
        should be strengthened;
          (2) the allocation of resources necessary to 
        accomplish this improvement would constitute a highly 
        cost-effective means of enhancing the United States 
        national security; and
          (3) because of the integral and continuing national 
        security role of exchange-of-persons programs, such 
        activities should be accorded a dependable source of 
        long-term funding.
    (c) \4\ The amount obligated by the United States 
Information Agency each fiscal year for grants for exchange-of-
persons activities shall be increased, through regular annual 
increases, so that by the fiscal year 1986 the amount obligated 
for such grants is at least double (in terms of constant 
dollars) the amount obligated for such grants for the fiscal 
year 1982.
---------------------------------------------------------------------------
    \4\22 U.S.C. 2455 note.
---------------------------------------------------------------------------
    (d) \4\ (1) In furtherance of the purposes of subsection 
(c), the Congress directs that of the amount appropriated for 
the United States Information Agency for the fiscal year 1983--
          (A) $84,256,000 shall be available only for grants 
        for the Fulbright Academic Exchange Programs and the 
        International Visitor Program; and
          (B) $3,248,000 shall be available only for grants for 
        the Humphrey Fellowship Program; and
          (C) $8,906,000 shall be available only for grants to 
        private, not-for-profit organizations engaging in 
        exchange-of-persons programs;
subject to paragraphs (2) and (3) of this subsection.
    (2) If the amount appropriated for the United States 
Information Agency for the fiscal year 1983 is less than the 
amount authorized for the fiscal year 1983, then the amounts 
specified in subparagraphs (A) through (C) of paragraph (1) 
shall each be deemed to be reduced to the amount which bears 
the same ratio to the specified amount as the amount 
appropriated bears to the amount authorized. For purposes of 
this paragraph--
          (A) the term ``amount appropriated'' means the amount 
        appropriated under section 302 of this Act (less any 
        rescissions), and does not include amounts appropriated 
        under section 704 of the United States Information and 
        Educational Exchange Act of 1948 (relating to 
        nondiscretionary personnel costs and currency 
        fluctuations) or under any other provision of law; and
          (B) the term ``amount authorized'' means the amount 
        authorized to be appropriated by section 302 of this 
        Act, less an amount equal to any amount which was 
        withheld from appropriation (or was rescinded) in order 
        to reduce the amount available for a particular program 
        or activity.
    (3) The Director of the United States Information Agency 
may authorize up to 5 percent of the amount earmarked under 
subparagraph (A), (B), or (C) of paragraph (1) to be used for a 
purpose other than the exchange-of-persons activities specified 
in that subparagraph. Not less than 15 days prior to any such 
authorization, the Director shall submit to the Committee on 
Foreign Affairs \5\ of the House of Representatives, and to the 
Committee on Foreign Relations of the Senate, a justification 
for authorizing the use of earmarked funds for a purpose other 
than the specified exchange-of-persons activities.
---------------------------------------------------------------------------
    \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *
 m. International Communication Agency Authorization Act, Fiscal Years 
                             1980 and 1981

  Partial text of Public Law 96-60 [H.R. 3363], 93 Stat. 395 at 398, 
                        approved August 15, 1979

 AN ACT To authorize appropriations for fiscal years 1980 and 1981 for 
 the Department of State, the International Communication Agency, and 
               the Board for International Broadcasting.


          Note.--Sections in this Act amend State Department, 
        ICA, and other foreign affairs legislation and are 
        incorporated in the appropriate acts.



    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

              TITLE II--INTERNATIONAL COMMUNICATION AGENCY

                              short title

    Sec. 201. This title may be cited as the ``International 
Communication Agency Authorization Act, Fiscal Years 1980 and 
1981''.

                    authorizations of appropriations

    Sec. 202. There are authorized to be appropriated for the 
International Communication Agency $432,547,000 for the fiscal 
year 1980 and $465,944,000 for the fiscal year 1981 \1\ to 
carry out international communication, educational, cultural, 
and exchange programs under the United States Information and 
Educational Exchange Act of 1948, the Mutual Educational and 
Cultural Exchange Act of 1961, and Reorganization Plan Numbered 
2 of 1977, and other purposes authorized by law.
---------------------------------------------------------------------------
    \1\ The Departments of State, Justice, and Commerce, the Judiciary, 
and Related Agencies Appropriation Act, 1981 (H.R. 7584), which 
included funds for the ICA, was adopted by Congress on December 3, 
1980, but vetoed by the President on December 13, 1980. Appropriations 
for the ICA during fiscal year 1981 were governed by Public Law 96-536, 
a continuing resolution providing funds for any Federal agency which 
had not received funding through an appropriation act. Under the terms 
of Public Law 96-536, the ICA was funded at levels established in H.R. 
7584. H.R. 7584 provided $419,000,000, of which not to exceed 
$3,746,000 allocated by the ICA to carry out section 102(a)(3) of the 
Mutual Educational and Cultural Exchange Act shall remain available 
until expended. ``Provided, That not to exceed $460,000 may be used for 
representation abroad.''
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          * * * * * * *
    Sec. 203. (a) * * *
    (b) * * *
    (c) \2\ Section 602(d) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 474) is 
amended--
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    \2\ The Federal Property and Administrative Services Act of 1946 
provided for a uniform procedure for the management and disposal of 
Government property. Sec. 602(d) of such Act exempted the provisions of 
the Act from impairing or affecting any authority of 21 specified 
Government agency heads to perform specific tasks. This amendment added 
the Director of the ICA to this exemption list.
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          (1) by striking out ``or'' at the end of paragraph 
        (19);
          (2) by striking out the period at the end of 
        paragraph (20) and inserting in lieu thereof ``; or''; 
        and
          (3) by inserting immediately after paragraph (20) the 
        following new paragraph:
          ``(21) the Director of the International 
        Communication Agency with respect to the furnishing of 
        facilities in foreign countries and reception centers 
        within the United States.''.
          * * * * * * *

                             effective date

    Sec. 209. The amendments made by sections 203 and 204 shall 
take effect on October 1, 1979, and to the extent that they 
provide new authorities involving the expenditure of 
appropriated funds, shall apply only with respect to funds 
appropriated after the date of enactment of this Act.
  n. International Communication Agency Authorization for Fiscal Year 
                                  1979

 Partial text of Public Law 95-426 [H.R. 12598], 92 Stat. 963 at 972, 
                        approved October 7, 1978

    AN ACT To authorize appropriations for fiscal year 1979 for the 
 Department of State, the International Communication Agency, and the 
   Board for International Broadcasting, to make changes in the laws 
  relating to those agencies, to make changes in the Foreign Service 
   personnel system, to establish policies and responsibilities with 
 respect to science, technology, and American diplomacy, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Year 1979''.
          * * * * * * *

              TITLE II--INTERNATIONAL COMMUNICATION AGENCY

          authorization of appropriations for fiscal year 1979

    Sec. 201. (a) There is authorized to be appropriated for 
the International Communication Agency for fiscal year 1979 to 
carry out international communication, educational, cultural, 
and exchange programs under the United States Information and 
Educational Exchange Act of 1948, the Mutual Educational and 
Cultural Exchange Act of 1961, and Reorganization Plan Numbered 
2 of 1977, and other purposes authorized by law, $420,577,000, 
and such additional amounts as may be necessary for increases 
in salary, pay, retirement, and other employee benefits 
authorized by law, and for other nondiscretionary costs.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

           mission of the international communication agency

    Sec. 202.\1\ The mission of the International Communication 
Agency shall be to further the national interest by improving 
United States relations with other countries and peoples 
through the broadest possible sharing of ideas, information, 
and educational and cultural activities. In carrying out this 
mission, the International Communication Agency shall, among 
other activities--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1461-1. Sec. 303 of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
    Sec. 1333(a) of Public Law 105-277 (112 Stat. 2681-785) provided 
the following:
    ``SEC. 1333. APPLICATION OF CERTAIN LAWS.
    ``(a) Application to Functions of Department of State.--Section 501 
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426 
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 
1461-1a) shall not apply to public affairs and other information 
dissemination functions of the Secretary of State as carried out prior 
to any transfer of functions pursuant to this subdivision.''.
    ``(b) Application to Functions Transferred to Department of 
State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 
of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 
99-93 (22 U.S.C. 1461-1a) shall apply only to public diplomacy programs 
of the Director of the United States Information Agency as carried out 
prior to any transfer of functions pursuant to this subdivision to the 
same extent that such programs were covered by these provisions prior 
to such transfer.
    ``(c) Limitation on Use of Funds.--Except as provided in section 
501 of Public Law 80-402 and section 208 of Public Law 99-93, funds 
specifically authorized to be appropriated for such public diplomacy 
programs shall not be used to influence public opinion in the United 
States, and no program material prepared using such funds shall be 
distributed or disseminated in the United States.''.
---------------------------------------------------------------------------
          (1) conduct Government-sponsored information, 
        educational, and cultural activities designed--
                  (A) to provide other peoples with a better 
                understanding of the policies, values, 
                institutions, and culture of the United States; 
                and
                  (B) within the statutory limits governing 
                domestic activities of the Agency, to enhance 
                understanding on the part of the Government and 
                people of the United States of the history, 
                culture, attitudes, perceptions, and 
                aspirations of others;
          (2) encourage private institutions in the United 
        States to develop their own exchange activities, and 
        provide assistance for those exchange activities which 
        are in the broadest national interest;
          (3) coordinate international informational, 
        educational, or cultural activities conducted or 
        planned by departments and agencies of the United 
        States Government;
          (4) assist in the development of a comprehensive 
        national policy on international communications; and
          (5) promote United States participation in 
        international events relevant to the mission of the 
        Agency.

                      expanded exchange activities

    Sec. 203. The President shall, by a process of gradual 
expansion during the four-year period beginning October 1, 
1979, increase significantly the financial resources expended 
annually by the International Communication Agency for 
exchange-of-persons activities. The President shall prepare at 
an early date a general plan for the accomplishment of this 
goal and shall adjust that plan annually, as he finds 
appropriate, in consultation with the Congress.
          * * * * * * *

           functions relating to the national gallery of art

    Sec. 205. The Secretary of State may delegate to the 
Director of the International Communication Agency, with the 
consent of the Director, the functions vested in the Secretary 
by section 2(a) of the joint resolution entitled ``Joint 
Resolution providing for the construction and maintenance of a 
National Gallery of Art'', approved March 24, 1937 (20 U.S.C. 
72(a)).

   functions relating to the woodrow wilson international center for 
                                scholars

    Sec. 206.\2\ * * *
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    \2\ Sec. 206 amended the Woodrow Wilson Memorial Act of 1968 at 20 
U.S.C. 80f.
---------------------------------------------------------------------------
          * * * * * * *
 o. United States Information Agency Authorization for Fiscal Year 1978

  Partial text of Public Law 95-105 [H.R. 6689], 91 Stat. 844 at 849, 
                        approved August 17, 1977

AN ACT To authorize fiscal year 1978 appropriations for the Department 
   of State, the United States Information Agency, and the Board for 
          International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Year 1978''.
          * * * * * * *

               TITLE II--UNITED STATES INFORMATION AGENCY

                    authorization of appropriations

    Sec. 201. (a) There are authorized to be appropriated for 
the United States Information Agency for fiscal year 1978, to 
carry out international informational activities and programs 
under the United States Information and Educational Exchange 
Act of 1948, the Mutual Educational and Cultural Exchange Act 
of 1961, and Reorganization Plan Numbered 8 of 1953, and other 
purposes authorized by law, the following amounts:
          (1) For ``Salaries and expenses'' and ``Salary and 
        expenses (special foreign currency program)'', 
        $269,286,000.
          (2) For ``Special international exhibitions'', 
        $4,360,000.
          (3) For ``Acquisition and construction of radio 
        facilities'', $19,872,000.
          (4) For increases in salary, pay, retirement, and 
        other employee benefits authorized by law, and for 
        other nondiscretionary costs, such additional amounts 
        as may be necessary.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

                           transfer authority

    Sec. 202. Funds authorized to be appropriated for fiscal 
year 1978 by any paragraph of section 201(a) (other than 
paragraph (4)) may be appropriated for such fiscal year for a 
purpose for which appropriations are authorized by any other 
paragraph of such section (other than paragraph (4)), except 
that the total amount appropriated for a purpose described in 
any paragraph of section 201(a) (other than paragraph (4)) may 
not exceed the amount specifically authorized for such purpose 
by section 201(a) by more than 10 per centum.

     replacement of facilities in soweto, republic of south africa

    Sec. 203. The Director of the United States Information 
Agency \1\ shall prepare and submit to the Secretary of State 
plans for the replacement under the Foreign Service Buildings 
Act, 1926, of the Agency's facilities in Soweto, Republic of 
South Africa.
---------------------------------------------------------------------------
    \1\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this Act were 
transferred to the Director of the International Communication Agency. 
The codified version of this Act has been changed to reflect this 
transfer of authority.
    However, sec. 303 of Public Law 97-241 (96 Stat. 291) redesignated 
the International Communication Agency as the United States Information 
Agency and stated that any reference to the International Communication 
Agency in any statute, reorganization plan, Executive order, 
regulation, agreement, determination, or other official document or 
proceeding, shall be deemed to be a reference to the United States 
Information Agency. Sec. 303 also stated that references to the 
Director or other official of the International Communication Agency 
shall be deemed to refer to the Director or other official of the 
United States Information Agency.
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          * * * * * * *

use by the john fitzgerald kennedy library of certain films prepared by 
                  the united states information agency

    Sec. 205. Notwithstanding 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 \1\ shall, upon receipt of reimbursement for 
any expenses involved, make available to the Administrator of 
General Services for deposit or use at the John Fitzgerald 
Kennedy Library in Boston, Massachusetts, copies of the 
following films and trims and outs:
          ``President Kennedy Addresses Canadian Parliament''.
          ``United in Progress''.
          ``America Welcomes Prime Minister Baldewa 
        (Nigeria)''.
          ``U.S. Welcomes Crown Prince Hassan (Libya)''.
          ``America Welcomes Ayub Khan''.
          ``America Welcomes President Aboud (Sudan)''.
          ``Firm Alliance (Iran)''.
          ``American Journey (Ivory Coast)''.
          ``A Welcome Visitor (Nehru)''.
          ``Haile Selassie (Return Trip)''.
          ``His Majesty, King Hassan (Morocco) Visits U.S.''.
          ``Salute to an African Leader (Bourguiba-Tunisia)''.
          ``Inauguration of John F. Kennedy''.
          ``The Task Begun''.
          ``Progress Through Freedom''.
          ``Forging the Alliance''.
          ``Prime Minister of Somali Republic Visits U.S.''.
          ``President Olympio of Togo Visits U.S.''.
          ``Five Cities in June''.
          ``From Uganda to America''.
          ``President Ahidjo Visits U.S.''.
          ``Mrs. Kennedy's Asian Journey''.
          ``Invitation to India''.
          ``Invitation to Pakistan''.
 p. United States Information Agency Authorization for Fiscal Year 1977

  Partial text of Public Law 94-350 [S. 3168], 90 Stat. 823, approved 
                             July 12, 1976

AN ACT To authorize fiscal year 1977 appropriations for the Department 
   of State, the United States Information Agency, and the Board for 
          International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Relations Authorization Act, 
Fiscal Year 1977''.
          * * * * * * *

               TITLE II--UNITED STATES INFORMATION AGENCY

                    authorization of appropriations

    Sec. 201. (a) There are authorized to be appropriated for 
the United States Information Agency for fiscal year 1977, to 
carry out international informational activities and programs 
under the United States Information and Educational Exchange 
Act of 1948, the Mutual Educational and Cultural Exchange Act 
of 1961 and Reorganization Plan Numbered 8 of 1953, and other 
purposes authorized by law, the following amounts:
          (1) For ``Salaries and Expenses'' and ``Salary and 
        Expenses (special foreign currency program)'', 
        $255,925,000.
          (2) For ``Special International Exhibitions'', 
        $4,841,000.
          (3) For ``Acquisition and Construction of Radio 
        Facilities'', $2,142,000.
          (4) Such additional amounts as may be necessary for 
        increases in salary, pay, retirement, other employee 
        benefits authorized by law, or other nondiscretionary 
        costs.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

                           transfer authority

    Sec. 202. Funds authorized to be appropriated for fiscal 
year 1977 by any paragraph of section 201(a) (other than 
paragraph (4)) may be appropriated for such fiscal year for a 
purpose for which appropriations are authorized by any other 
paragraph of such section (other than paragraph (4)), except 
that the total amount appropriated for a purpose described in 
any paragraph of section 201(a) (other than paragraph (4)) may 
not exceed the amount specifically authorized for such purpose 
by section 201(a) by more than 10 per centum.
          * * * * * * *

   bicentennial distribution of certain items prepared by the united 
                       states information agency

    Sec. 205.\1\ * * *
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    \1\ The titles of films and related items authorized for 
distribution within the United States are listed on pages 1228-1229.
---------------------------------------------------------------------------
          * * * * * * *
  q. United States Informational, Educational, and Cultural Programs 
                             Appropriations

  (1) United States Informational, Educational, and Cultural Programs 
                          Appropriations, 2001

  Partial text of Public Law 106-553 [Department of State and Related 
  Agency Appropriations Act, 1997; title IV of H.R. 5548, enacted by 
reference in H.R. 4942], 114 Stat. 2762A-90, approved December 21, 2000

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

          * * * * * * *

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, 
as authorized, $231,587,000, to remain available until 
expended: Provided, That not to exceed $800,000, to remain 
available until expended, may be credited to this appropriation 
from fees or other payments received from or in connection with 
English teaching and educational advising and counseling 
programs as authorized.
          * * * * * * *

                                 Other

          * * * * * * *

           eisenhower exchange fellowship program trust fund

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the 
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower 
Exchange Fellowship Program Trust Fund on or before September 
30, 2001, to remain available until expended: Provided, That 
none of the funds appropriated herein shall be used to pay any 
salary or other compensation, or to enter into any contract 
providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit 
Organizations), including the restrictions on compensation for 
personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship 
Program as authorized by section 214 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), 
all interest and earnings accruing to the Israeli Arab 
Scholarship Fund on or before September 30, 2001, to remain 
available until expended.

                            east-west center

    To enable the Secretary of State to provide for carrying 
out the provisions of the Center for Cultural and Technical 
Interchange Between East and West Act of 1960, by grant to the 
Center for Cultural and Technical Interchange Between East and 
West in the State of Hawaii, $13,500,000: Provided, That none 
of the funds appropriated herein shall be used to pay any 
salary, or enter into any contract providing for the payment 
thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    national endowment for democracy

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment 
for Democracy Act, $30,999,000, to remain available until 
expended.
          * * * * * * *
  (2) United States Informational, Educational, and Cultural Programs 
                   Miscellaneous Appropriations, 2001

Partial text of Public Law 106-554 [Consolidated Appropriations, 2001; 
         H.R. 4577], 114 Stat. 2763, approved December 21, 2000

 AN ACT Making consolidated appropriations for the fiscal year ending 
              September 30, 2001, 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. (a) The provisions of the following bills of the 
106th Congress are hereby enacted into law:
          (1) * * *
          (2) H.R. 5657, as introduced on December 14, 2000.\1\
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    \1\ The Legislative Branch Appropriations Act, 2001; 114 Stat. 
2763A-93 through 2763A-124.
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          (3) * * *
          (4) H.R. 5666, as introduced on December 15, 2000, 
        except that the text of H.R. 5666, as so enacted, shall 
        not included section 123 (relating to the enactment of 
        H.R. 4904).\2\
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    \2\ The Miscellaneous Appropriations Act, 2001; 114 Stat. 2763a-171 
through 2763a-352.
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          (5)-(9) * * *
          * * * * * * *

                         APPENDIX B--H.R. 5657

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the Legislative 
Branch for the fiscal year ending September 30, 2001, and for 
other purposes, namely:
          * * * * * * *

                        TITLE II--OTHER AGENCIES

          * * * * * * *

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

    For necessary expenses of the Library of Congress not 
otherwise provided for, * * * $282,838,000, * * * Provided 
further, That of the total amount appropriated, $10,000,000 is 
to remain available until expended for salaries and expenses to 
carry out the Russian Leadership Program enacted on May 21, 
1999 (113 Stat. 93 et seq.): * * *
          * * * * * * *

                     TITLE III--GENERAL PROVISIONS

          * * * * * * *
    Sec. 310.\3\ Russian Leadership Program.--Section 3011 of 
the 1999 Emergency Supplemental Appropriations Act (Public Law 
106-31; 113 Stat. 93) is amended--
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    \3\ For amended text, see page 1377.
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          (1) by striking ``fiscal years 1999 and 2000'' in 
        subsections (a)(1), (b)(4)(B), (d)(3), and (h)(1)(A) 
        and inserting ``fiscal years 2000 and 2001''; and
          (2) by striking ``2001'' in subsection (a)(2), 
        (e)(1), and (h)(1)(B) and inserting ``2002''.
          * * * * * * *
    Sec. 313.\4\ Center for Russian Leadership Development. * * 
*
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    \4\ For text, see page 1374. See also Public Law 106-31, sec. 3011 
(113 Stat. 98; 22 U.S.C. 2452a note), relating to the same program, 
beginning at page 1377.
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    Sec. 314. Review of Proposed Changes to Export Thresholds 
for Computers. Not more than 50 days after the date of the 
submission of the report referred to in subsection (d) of 
section 1211 of the National Defense Authorization Act for 
Fiscal Year 1998 (50 U.S.C. App. 2404 note), the Comptroller 
General of the United States shall submit an assessment to 
Congress which contains an analysis of the new computer 
performance levels being proposed by the President under such 
section.
          * * * * * * *
    This Act may be cited as the ``Legislative Branch 
Appropriations Act, 2001''.
          * * * * * * *

                         APPENDIX D--H.R. 5666

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2001, and for other purposes, namely:

                               DIVISION A

          * * * * * * *

                               CHAPTER 2

          * * * * * * *

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           General Provisions

    Sec. 210. In addition to any amounts made available for 
``Educational and Cultural Exchange Programs within the 
Department of State'', $500,000 shall be made available only 
for the Irish Institute.
    Sec. 211. In addition to amounts appropriated under the 
heading ``International Broadcasting Operations, Broadcasting 
Board of Governors'' in the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations 
Act, 2001, $10,000,000 to remain available until expended, for 
increased broadcasting to Russia and surrounding areas, and to 
China, by Radio Free Europe/Radio Liberty, Radio Free Asia, and 
the Voice of America: Provided, That any amount of such funds 
may be transferred to the ``Broadcasting Capital Improvements'' 
account to carry out such purposes.
          * * * * * * *

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    General Provisions--This Chapter

          * * * * * * *

                     (including transfer of funds)

    Sec. 313. In addition to amounts appropriated for the 
Department of Defense in the Department of Defense 
Appropriations Act, 2001 (Public Law 106-259), $100,000,000 is 
hereby appropriated for ``Overseas Contingency Operations 
Transfer Fund'' and shall remain available until expended: 
Provided, That the Secretary of Defense may transfer the funds 
provided herein only to appropriations for military personnel; 
operation and maintenance; procurement; research, development, 
test and evaluation; and working capital funds: Provided 
further, That the funds transferred shall be merged with and 
shall be available for the same purposes and for the same time 
period, as the appropriation to which transferred: Provided 
further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the transfer 
authority provided in this section is in addition to any other 
transfer authority contained elsewhere in this Act: Provided 
further, That funds appropriated by this section, or made 
available by the transfer of funds in this section, for 
intelligence activities are deemed to be specifically 
authorized by the Congress for the purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2001: Provided further, That the entire amount made 
available in this section is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.
          * * * * * * *

                               CHAPTER 6

                    General Provisions--This Chapter

    Sec. 601. Of the funds appropriated under the heading 
Department of State, International Narcotics Control and Law 
Enforcement, in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2001, not less than 
$1,350,000 shall be available only for the Protection Project 
to continue its study of international trafficking, 
prostitution, slavery, debt bondage, and other abuses of women 
and children.
    Sec. 602. Embassy Compensation Authority. Funds made 
available under the heading ``Other Bilateral Economic 
Assistance, Economic Support Fund'' included in the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 2001 (Public Law 106-429) may be made 
available, notwithstanding any other provision of law, to 
provide payment to the Government of the People's Republic of 
China for property loss and damage arising out of the May 7, 
1999 incident in Belgrade, Federal Republic of Yugoslavia.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

          * * * * * * *

                United States Fish and Wildlife Service

          * * * * * * *

                MULTINATIONAL SPECIES CONSERVATION FUND

    For an additional amount for the ``Multinational Species 
Conservation Fund'', $750,000, to remain available until 
expended, for Great Ape conservation activities authorized by 
law.
          * * * * * * *

                               CHAPTER 14

                   General Provisions--This Division

          * * * * * * *
    Sec. 1403. (a) Government-Wide Rescissions.--There is 
hereby rescinded an amount equal to 0.22 percent of the 
discretionary budget authority provided (or obligation limit 
imposed) for fiscal year 2001 in this or any other Act for each 
department, agency, instrumentality, or entity of the Federal 
Government, except for those programs, projects, and activities 
which are specifically exempted elsewhere in this provision: 
Provided, That this exact reduction percentage shall be applied 
on a pro rata basis only to each program, project, and activity 
subject to the rescission.
    (b) Restrictions.--This reduction shall not be applied to 
the amounts appropriated in title I of Public Law 106-259: 
Provided, That this reduction shall not be applied to the 
amounts appropriated in division B of Public Law 106-246: 
Provided further, That this reduction shall not be applied to 
the amounts appropriated under the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies 
Appropriations Act, 2001, as contained in this Act, or in prior 
Acts.
    (c) Report.--The Director of the Office of Management and 
Budget shall include in the President's budget submitted for 
fiscal year 2002 a report specifying the reductions made to 
each account pursuant to this section.

                               DIVISION B

                                TITLE I

          * * * * * * *
    Sec. 145. (a) Section 4(b)(1) of the Department of State 
Special Agents Retirement Act of 1998 (22 U.S.C. 4044 note; 
Public Law 105-382; 112 Stat. 3409) is amended by inserting 
``or participant who was serving as of January 1, 1997'' after 
``employed participant''.\5\
---------------------------------------------------------------------------
    \5\ For amended test, see page 639, footnote 156.
---------------------------------------------------------------------------
    (b) The amendment made by this section shall take effect on 
January 1, 2001.
          * * * * * * *

         TITLE II--VIETNAM EDUCATION FOUNDATION ACT OF 2000 \6\
---------------------------------------------------------------------------

    \6\ For text, see page 1388.
---------------------------------------------------------------------------
          * * * * * * *

                     TITLE XV--LIFE ACT AMENDMENTS

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``LIFE Act Amendments of 
2000''.
          * * * * * * *

SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS ADJUSTMENT AND RELIEF 
                    ACTS.

    (a) Nicaraguan Adjustment and Central American Relief 
Act.--
          (1) In general.--Section 202(a) of the Nicaraguan 
        Adjustment and Central American Relief Act is amended--
        * * * \7\
---------------------------------------------------------------------------
    \7\ For amended text, see page 1180.
---------------------------------------------------------------------------
          (2) Permitting motion to reopen.--Notwithstanding any 
        time and number limitations imposed by law on motions 
        to reopen exclusion, removal, or deportation 
        proceedings (except limitations premised on an alien's 
        conviction of an aggravated felony (as defined by 
        section 101(a) of the Immigration and Nationality 
        Act)), a national of Cuba or Nicaragua who has become 
        eligible for adjustment of status under the Nicaraguan 
        Adjustment and Central American Relief Act as a result 
        of the amendments made by paragraph (1), may file one 
        motion to reopen exclusion, deportation, or removal 
        proceedings to apply for such adjustment under that 
        Act. The scope of any proceeding reopened on this basis 
        shall be limited to a determination of the alien's 
        eligibility for adjustment of status under that Act. 
        All such motions shall be filed within 180 days of the 
        date of the enactment of this Act.
    (b) Haitian Refugee Immigration Fairness Act of 1998.--
          (1) Inapplicability of certain provisions.--Section 
        902(a) of the Haitian Refugee Immigration Fairness Act 
        of 1998 is amended--* * * \8\
---------------------------------------------------------------------------
    \8\ For amended text, see page 1174.
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          (2) Permitting motion to reopen.--Notwithstanding any 
        time and number limitations imposed by law on motions 
        to reopen exclusion, removal, or deportation 
        proceedings (except limitations premised on an alien's 
        conviction of an aggravated felony (as defined by 
        section 101(a) of the Immigration and Nationality 
        Act)), a national of Haiti who has become eligible for 
        adjustment of status under the Haitian Refugee 
        Immigration Fairness Act of 1998 as a result of the 
        amendments made by paragraph (1), may file one motion 
        to reopen exclusion, deportation, or removal 
        proceedings to apply for such adjustment under that 
        Act. The scope of any proceeding reopened on this basis 
        shall be limited to a determination of the alien's 
        eligibility for adjustment of status under that Act. 
        All such motions shall be filed within 180 days of the 
        date of the enactment of this Act.
    (c) Section 309 of IIRIRA.--Section 309 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 is 
amended by adding at the end the following new subsection: * * 
*

SEC. 1506. EFFECTIVE DATE.

    This title shall take effect as if included in the 
enactment of the Legal Immigration Family Equity Act.
          * * * * * * *
    This Act may be cited as the ``Miscellaneous Appropriations 
Act, 2001''.
          * * * * * * *
                         r. Au Pair Provisions

                    (1) Extension of Au Pair Program

Public Law 104-72 [S. 1465], 109 Stat. 776, approved December 23, 1995; 
   amended by Public Law 105-48 [S. 1211], 111 Stat. 1165, approved 
                            October 1, 1997

                   AN ACT To extend au pair programs.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. EXTENSION OF AU PAIR PROGRAMS.

    (a) Repeal.--Section 8 of the Eisenhower Exchange 
Fellowship Act of 1990 (Public Law 101-454) is repealed.\1\
---------------------------------------------------------------------------
    \1\ Sec. 8 of Public Law 101-454 extended USIA's authority to 
administer an au pair program until such programs could be taken over 
by another U.S. Government agency.
    Sec. 581 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 751), 
amended sec. 8 (after its repeal) to extend the authority therein to 
fiscal year 1996.
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    (b) Authority for Au Pair Programs.--The Director of the 
United States Information Agency is authorized to continue to 
administer an au pair program, operating on a world-wide 
basis.\2\
---------------------------------------------------------------------------
    \2\ Sec. 1 of Public Law 105-48 (111 Stat. 1165) struck out ``, 
through fiscal year 1997'' at this point.
---------------------------------------------------------------------------
    (c) Report.--Not later than October 1, 1996, the Director 
of the United States Information Agency shall submit a report 
regarding the continued extension of au pair programs to the 
Committee on Foreign Relations of the Senate and the Committee 
on International Relations of the House of Representatives. 
This report shall specifically detail the compliance of all au 
pair organizations with regulations governing au pair programs 
as published on February 15, 1995.
   (2) Miscellaneous International Affairs Authorizations Act of 1988

 Title III of S. 2757, enacted by reference in Public Law 100-461, 102 
                  Stat. 2268, approved October 1, 1988

                      TITLE III--AU PAIR PROVISION

SEC. 301. AU PAIR PROVISION

    (a) Sense of Congress.--It is the sense of Congress that 
the terms and conditions (including, but not limited to, those 
relating to educational requirements and permissible hours of 
child care) previously authorized by the United States 
Information Agency to implement Exchange Visitor Program Nos. 
P-3-5214T and P-3-5238T are in keeping with the goals and 
objectives of the Fulbright-Hayes Act (Mutual Educational and 
Cultural Exchange Act of 1961, 22 U.S.C. 2451 et seq.).
    (b) Prohibition on Certain Use of Funds.--Notwithstanding 
any other provision of law, no funds authorized to be 
appropriated to the United States Information Agency may be 
obligated or expended for the purpose of, or which would result 
in, the termination or a substantial alteration of the terms 
and conditions previously authorized by the Agency for the 
implementation of Exchange Visitor Programs Nos. P-3-5214T and 
P-3-5238T.
       s. USIA Distribution of Materials--``Windows on America''

 Public Law 105-373 [H.R. 4083], 112 Stat. 3382, approved November 12, 
                                  1998

AN ACT To make available to the Ukrainian Museum and Archives the USIA 
               television program ``Windows on America''.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. AVAILABILITY OF USIA TELEVISION PROGRAM ``WINDOW ON 
                    AMERICA''.

    (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),\1\ the Director of the United States 
Information Agency is authorized to make available, upon 
request, to the Ukrainian Museum and Archives in Cleveland, 
Ohio and the Slavics Collection, Indiana University Libraries 
in Bloomington, Indiana, copies of the television program 
``Window on America'' produced by the WORLDNET Television 
Service of the United States Information Agency.
---------------------------------------------------------------------------
    \1\ See also sec. 501 of the United States Information and 
Educational Exchange Act of 1948, and related box note, beginning at 
page 1228.
---------------------------------------------------------------------------
    (b) Limitation.--The Ukrainian Museum and Archives and the 
Slavics Collection are prohibited from broadcasting any 
materials made available pursuant to this Act.
    (c) Reimbursement.--The Ukrainian Museum and Archives and 
the Slavics Collection shall reimburse the Director of the 
United States Information Agency for any expenses involved in 
making such copies available. Any reimbursement to the Director 
pursuant to this subsection shall be credited to the applicable 
appropriation of the United States Information Agency.
    (d) Termination.--Subsection (a) shall cease to have effect 
5 years after the date of the enactment of this Act.
                t. Reorganization Plan No. 8 of 1953 \1\

 Prepared by the President and transmitted to the Senate and the House 
of Representatives in Congress assembled, June 1, 1953, pursuant to the 
 provisions of the Reorganization Act of 1949, approved June 20, 1949, 
                               as amended

Effective August 1, 1953, 18 F.R. 4542, 67 Stat. 642, as amended by Act 
  of June 28, 1955 (69 Stat. 183); Reorganization Plan No. 2 of 1977 
            (October 11, 1977), 42 F.R. 62461, 91 Stat. 1636

                    United States Information Agency

  Sec. 2. Transfer of functions.--(a) Subject to subsection (c) 
of this section, there are hereby transferred to the Director, 
(1) the functions vested in the Secretary of State by Title V 
of the United States Information and Educational Exchange Act 
of 1948, as amended, and so much of functions with respect to 
the interchange of books and periodicals and aid to libraries 
and community centers under sections 202 and 203 of the said 
Act as is an integral part of information programs under that 
Act, together with so much of the functions vested in the 
Secretary of State by other provisions of the said Act as is 
incidental to or is necessary for the performance of the 
functions under Title V and sections 202 and 203 transferred by 
this section.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1461 note. Much of Reorganization Plan No. 8 of 1953 
was superseded by Reorganization Plan No. 2 of 1977. The retained 
provisions of the 1953 plan are included here. See following page for 
text of the 1977 plan.
---------------------------------------------------------------------------
  (b) * * * [Superseded--1978]
  (c)(1) The Secretary of State shall direct the policy and 
control the content of a program, for use abroad, on official 
United States positions, including interpretations of current 
events, identified as official positions by an exclusive 
descriptive label.
  (2) The Secretary of State shall continue to provide to the 
Director on a current basis full guidance concerning the 
foreign policy of the United States.
  (d) To the extent the President deems it necessary in order 
to carry out the functions transferred by the foregoing 
provisions of this section, he may authorize the Director to 
exercise, in relation to the respective functions so 
transferred, any authority or part thereof available by law, 
including appropriation acts, to the Secretary of State, the 
Director for Mutual Security, or the Director of the Foreign 
Operations Administration, in respect of the said transferred 
functions.
                u. Reorganization Plan No. 2 of 1977 \1\

 42 F.R. 62461, 91 Stat. 1636, October 11, 1977; amended by Public Law 
   105-277 [Foreign Affairs Agencies Consolidation Act of 1998; H.R. 
 4328], 112 Stat. 2681 at 2681-765, approved October 21, 1998; Public 
 Law 106-113 [Admiral James W. Nance and Meg Donovan Foreign Relations 
 Authorization Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by 
 reference in sec. 1000(a)(7) of H.R. 3194], 113 Stat. 1536, approved 
 November 29, 1999; and by Public Law 107-77 [Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
    Act, 2002; H.R. 2500], 115 Stat. 748, approved November 28, 2001

 Prepared by the President and transmitted to the Senate and the House 
of Representatives in Congress assembled, October 11, 1977, pursuant to 
    the provisions of chapter 9 of title 5 of the United States Code

                 INTERNATIONAL COMMUNICATION AGENCY \2\

Section 1-6.\1\ * * * [Repealed--1998]
---------------------------------------------------------------------------

    \1\ Formerly at 22 U.S.C. 1461 note. Sec. 1336(6) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-790) repealed secs. 1 through 6.
    \2\ ``United States Information Agency'' was substituted for 
``International Communication Agency'' pursuant to sec. 303(b) of 
Public Law 97-241 (96 Stat. 291; 22 U.S.C. 1461 note), which provided 
that: ``Any reference in any statute, reorganization plan, Executive 
order, regulation, agreement, determination, or other official document 
or proceeding to the International Communication Agency or the Director 
or other official of the International Communication Agency shall be 
deemed to refer respectively to the United States Information Agency or 
the Director or other official of the United States Information Agency, 
as so redesignated by subsection (a).''.
    Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
---------------------------------------------------------------------------

Section 7. Transfer of Functions

  (a) There are hereby transferred to the Director all 
functions vested in the President, the Secretary of State, the 
Department of State, the Director of the United States 
Information Agency, and the United States Information Agency 
pursuant to the following:
          (1) the United States Information and Educational 
        Exchange Act of 1948, as amended (22 U.S.C. 1431-1479), 
        except to the extent that any function in sections 302, 
        401, or 602 is vested in the President;
          (2) the Mutual Educational and Cultural Exchange Act 
        of 1961, as amended (22 U.S.C. 2451-2458a), except for: 
        (A) such functions as are vested by sections 102(b)(6), 
        102(b)(10), 104(a), 104(e)(1), 104(e)(2), 104(f), 
        104(g), 105(a), 105(b), 105(c), 106(a), 108; (B) to the 
        extent that such functions were assigned to the 
        Secretary of Health, Education, and Welfare immediately 
        prior to the effective date of this Reorganization 
        Plan, sections 104(b), 105(d)(2), 105(f), 106(d), and 
        106(f); and (C) to the extent that any function therein 
        is vested in the President or the Secretary of State, 
        sections 106(b) and 106(c).
          (3) Public Law 90-494 (22 U.S.C. 929-932, 1221-1234), 
        to the extent that such functions are vested in the 
        Director of the United States Information Agency;
          (4) Sections 522(3), 692(1), and 803(a)(4) of the 
        Foreign Service Act of 1946, as amended (22 U.S.C. 
        922(3), 1037a(1), and 1063(a)(4)), to the extent such 
        functions are vested in the Director of the United 
        States Information Agency or in the United States 
        Information Agency;
          (5) Section 4 of the United States Information Agency 
        Appropriations Authorization Act of 1973, Public Law 
        93-168;
          (6)(A) Sections 107(b), 204 and 205 of the Foreign 
        Relations Authorizations Act, Fiscal Year 1978, Public 
        Law 95-105, 91 Stat. 844; and (B) to the extent such 
        functions are vested in the Director of the United 
        States Information Agency, section 203 of the Act;
          (7) the Center for Cultural and Technical Interchange 
        Between East and West Act of 1960 (22 U.S.C. 2054-
        2057);
          (8) Sections 101(a)(15)(J) and 212(e) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1011(a)(15)(J), 1182(e));
          (9) Section 2(a)(1) of Reorganization Plan No. 8 of 
        1953 (22 U.S.C. 1461 note);
          (10) Section 3(a) of the Arts and Artifacts Indemnity 
        Act (20 U.S.C. 972(a));
          (11) Section 7 of the Act of June 15, 1951, c.138, 65 
        Stat. 71 (50 U.S.C. App. 2316);
          (12) Section 9(b) of the National Foundation on the 
        Arts and Humanities Act of 1965 (20 U.S.C. 958(b)), to 
        the extent that such functions are vested in the 
        Secretary of State;
          (13) Section 112(a) of the Higher Education Act of 
        1965 (20 U.S.C. 1009(a)), to the extent such functions 
        are vested in the Department of State;
          (14) Section 3(b)(1) of the Woodrow Wilson Memorial 
        Act of 1968 (20 U.S.C. 80f(b)(1));
          (15) Section 201 of Public Law 89-665, as amended by 
        section 201(5) of Public Law 94-422 (16 U.S.C. 
        470i(a)(9));
          (16) The third proviso in the twenty-third unnumbered 
        paragraph of title V of Public Law 95-86 (headed 
        ``United States Information Agency, Salaries and 
        Expenses''), 91 Stat. 440-41;
          (17) The twentieth unnumbered paragraph of title I of 
        Public Law 95-86 (headed ``Center for Cultural and 
        Technical Interchange Between East and West''), 91 
        Stat. 424;
          (18) Sections 4(d)(1)(F), 4(f)(1)(F), 4(g)(1)(F), and 
        4(h)(1)(F) of the Foreign Service Buildings Act, 1926, 
        as amended (22 U.S.C. 295(d)(1)(F), 295(f)(1)(F), 
        295(g)(1)(F), and 295(h)(1)(F)); and
          (19) Sections 1, 2, and 3 of the Act of July 9, 1949, 
        c.301, 63 Stat. 408 (22 U.S.C. 2681-2683).
  (b) There are hereby transferred to the Director all 
functions vested in the Assistant Secretary of State for Public 
Affairs pursuant to Section 2(a) of the John F. Kennedy Center 
Act (20 U.S.C. 76h(a)).
  (c) The Director shall insure that the scholarly integrity 
and nonpolitical character of educational and cultural exchange 
activities vested in the Directors are maintained.

Section 8.\3\ Establishment of the United States Advisory Commission on 
        International Communication, Cultural and Educational Affairs
---------------------------------------------------------------------------

    \3\ Sec. 1334(b) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-786) repealed sec. 8. Sec. 404(a) of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public 
Law 106-113; 113 Stat. 1536), amended Public Law 105-277 to provide 
that sec. 8 ``shall continue to exist and operate under such provisions 
of law until October 1, 2001''. Sec. 404(c) of Public Law 106-113, 
however, repealed sec. 8, effective September 30, 2001. Subsequently, 
sec. 407(c) of the State Department Appropriations Act, 2002 (title IV 
of Public Law 107-77; 115 Stat. 790), reenacted into law those 
provisions, including sec. 8, struck out by sec. 404(c) of Nance/
Donovan, thus restoring sec. 8 to current law.
---------------------------------------------------------------------------
  (a) There is hereby established an advisory commission, to be 
known as the United States Advisory Commission on International 
Communication, Cultural and Educational Affairs (the 
``Commission''). The Commission shall consist of seven members 
who shall be appointed by the President, by and with the advice 
and consent of the Senate. The members of the Commission shall 
represent the public interest and shall be selected from a 
cross section of educational, communications, cultural, 
scientific, technical, public service, labor and business and 
professional backgrounds. Not more than four members shall be 
from any one political party. The term of each member shall be 
three years except that of the original seven appointments, two 
shall be for a term of one year and two shall be for a term of 
two years. Any member appointed to fill a vacancy occurring 
prior to the expiration of the term for which a predecessor was 
appointed shall be appointed for the remainder of such term. 
Upon the expiration of a member's term of office, such member 
may continue to serve until a successor is appointed and has 
qualified. The President shall designate a member to chair the 
Commission.
  (b) The functions now vested in the United States Advisory 
Commission on Information and in the United States Advisory 
Commission on International Education and Cultural Affairs 
under sections 601 through 603 and 801(6) of the United States 
Information and Educational Exchange Act of 1948, as amended 
(22 U.S.C. 1466-1468, 1741(6)), and under sections 106(b) and 
107 of the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2456(b), 2457), respectively, are 
hereby consolidated and vested in the Commission, as follows:
  The Commission shall formulate and recommend to the Director, 
the Secretary of State, and the President policies and programs 
to carry out functions vested in the Director or the Agency, 
and shall appraise the effectiveness of policies and programs 
of the Agency. The Commission shall submit to the Congress, the 
President, the Secretary of State and the Director annual 
reports on programs and activities carried on by the Agency, 
including appraisals, where feasible, as to the effectiveness 
of the several programs. The Commission shall also include in 
such reports such recommendations as shall have been made by 
the Commission to the Director for effectuating the purposes of 
the Agency, and the action taken to carry out such 
recommendations. The Commission may also submit such other 
reports to the Congress as it deems appropriate, and shall make 
reports to the public in the United States and abroad to 
develop a better understanding of and support for the programs 
conducted by the Agency. The Commission's reports to the 
Congress shall include assessments of the degree to which the 
scholarly integrity and nonpolitical character of the 
educational and cultural exchange activities vested in the 
Director have been maintained, and assessments of the attitudes 
of foreign scholars and governments regarding such activities.
  (c) \4\ The Commission shall have no authority with respect 
to the J. William Fulbright Foreign Scholarship Board or the 
United States National Commission for UNESCO.
---------------------------------------------------------------------------
    \4\ Sec. 204(c) of Public Law 101-246 (104 Stat. 50) provided that 
``Any reference in any provision of law to the Board of Foreign 
Scholarships shall, on and after the date of enactment of this Act, be 
deemed to be a reference to the J. William Fulbright Foreign 
Scholarship Board.'' Subsec. (c) formerly read as follows:
    ``(c) The Commission shall have no authority with respect to the 
Board of Foreign Scholarships or the United States National Commission 
for UNESCO.''.
---------------------------------------------------------------------------

Section 9. Abolitions and Supersessions

  (a) The following are hereby abolished:
          (1) The United States Information Agency, including 
        the offices of Director, Deputy Director, Deputy 
        Director (Policy and Plans) (5 U.S.C. 5316(67)), 
        Associate Director (Policy and Plans) (5 U.S.C. 
        5316(103)), and additional offices created by section 
        1(d) of Reorganization Plan No. 8 of 1953 (22 U.S.C. 
        1461 note), of the United States Information Agency, 
        provided that, pending the initial appointment of the 
        Director, Deputy Director and Associate Directors of 
        the Agency their functions shall be performed 
        temporarily, but not for a period in excess of sixty 
        (60) days, by such officers of the Department of State 
        or of the United States Information Agency as the 
        President shall designate;
          (2) One of the offices of Assistant Secretary of 
        State provided for in section 1 of the Act of May 26, 
        1949, c.143, 63 Stat. 111, as amended (22 U.S.C. 2652), 
        and in section 5315(22) of title 5 of the United States 
        Code;
          (3) The United States Advisory Commission on 
        International Educational and Cultural Affairs (22 
        U.S.C. 2456(b));
          (4) The United States Advisory Commission on 
        Information (22 U.S.C. 1466-1468);
          (5) All functions vested in or related to the United 
        States Advisory Commission on International Educational 
        and Cultural Affairs and the United States Advisory 
        Commission on Information that are not transferred to 
        the Director by section 7 or consolidated in the 
        Commission by section 8 of this Reorganization Plan;
          (6) The Advisory Committee on the Arts, all functions 
        thereof, and all functions relating thereto (22 U.S.C. 
        2456(c)); and
          (7) The functions vested in the Secretary of State by 
        section 3(e) of the Act of August 1, 1956, c.841, 70 
        Stat. 890 (22 U.S.C. 2670(e)).
  (b) Sections 1, 2(a)(2), 2(b), 2(c)(3), 3, 4, and 5 of 
Reorganization Plan No. 8 of 1953 (22 U.S.C. 1461 note) are 
hereby superseded.

Section 10. Other Transfers

  So much of the personnel, property, records, and unexpended 
balances of appropriations, allocations and other funds 
employed, used, held, available, or to be made available in 
connection with the functions transferred or consolidated by 
this Reorganization Plan, as the Director of the Office of 
Management and Budget shall determine, shall be transferred to 
the appropriate department, agency, or commission at such time 
or times as the Director of the Office of Management and Budget 
shall provide, except that no such unexpended balances 
transferred shall be used for purposes other than those for 
which the appropriation was originally made. The Director of 
the Office of Management and Budget shall provide for 
terminating the affairs of all agencies, commissions, and 
offices abolished herein and for such further measures and 
dispositions as such Director deems necessary to effectuate the 
purposes of this Reorganization Plan.

Section 11. Effective Date

  This Reorganization Plan shall become effective at such time 
or times, on or before July 1, 1978, as the President shall 
specify, but not sooner than the earliest time allowable under 
section 906 of title 5 of the United States Code.
v. Coordination of United States Government International Exchanges and 
                           Training Programs

 Executive Order 13055, July 15, 1997, 62 F.R. 39099, U.S.C. 2460 note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, and 
in order to improve the coordination of United States 
Government International Exchanges and Training Programs, it is 
hereby ordered as follows:
    Section 1. There is hereby established within the United 
States Information Agency a senior-level Interagency Working 
Group on United States Government-Sponsored International 
Exchanges and training (``the Working Group''). The purpose of 
the Working Group is to recommend to the President measures for 
improving the coordination, efficiency, and effectiveness of 
United States Government-sponsored international exchanges and 
training. The Working Group shall establish a clearinghouse to 
improve data collection and analysis of international exchanges 
and training.
    Sec. 2. The term ``Government-sponsored international 
exchanges and training'' shall mean the movement of people 
between countries to promote the sharing of ideas, to develop 
skills, and to foster mutual understanding and cooperation, 
financed wholly or in part, directly or indirectly, with United 
States Government funds.
    Sec. 3. the Working Group shall consist of the Associate 
Director for Educational and Cultural Affairs of the United 
States Information Agency, who shall act as Chair, and a 
comparable senior representative appointed by the respective 
Secretary of each of the Departments of State, Defense, 
Education, and the Attorney General, by the Administrator of 
the United States Agency for International Development, and by 
heads of other interested executive departments and agencies. 
In addition, representatives of the National Security Council 
and the Director of the Office of Management and Budget shall 
participate in the Working Group at their discretion. The 
Working Group shall be supported by an interagency staff office 
established in the Bureau of Education and Cultural Affairs of 
the United States Information Agency.
    Sec. 4. The Working Group shall have the following 
responsibilities:
          (a) Collect, analyze, and report data provide by all 
        United States Government departments and agencies 
        conducting international exchanges and training 
        programs;
          (b) Promote greater understanding of and cooperation 
        on, among concerned United States Government 
        departments and agencies, common issues and challenges 
        faced in conducting international exchanges and 
        training programs, including through the establishment 
        of a clearinghouse for information on international 
        exchange and training activities in the governmental 
        and nongovernmental sectors;
          (c) In order to achieve the most efficient and cost-
        effective use of Federal resources, identify 
        administrative and programmatic duplication and overlap 
        of activities by the various United States Government 
        agencies involved in Government-sponsored international 
        exchange and training programs, and report thereon;
          (d) No later than 1 year from the date of this order, 
        develop initially and thereafter assess annually a 
        coordinated strategy for all United States Government-
        sponsored international exchange and training programs, 
        and issue a report on such strategy;
          (e) No later than 2 years from the date of this 
        order, develop recommendations on performance measures 
        for all United States Government-sponsored 
        international exchange and training programs, and issue 
        a report thereon; and
          (f) Develop strategies for expanding public and 
        private partnerships in, and leveraging private sector 
        support for, United States Government-sponsored 
        international exchange and training activities.
    Sec. 5. All reports prepared by the Working Group pursuant 
to section 4 shall be made to the President, through the 
Director of the United States Information Agency.
    Sec. 6. The Working Group shall meet on at least a 
quarterly basis.
    Sec. 7. Any expenses incurred by a member of the Working 
Group in connection with such member's service on the Working 
Group shall be borne by the member's respective department or 
agency.
    Sec. 8. If any member of the Working Group disagrees with 
respect to any matter in any report prepared pursuant to 
section 4, such member may prepare a statement setting forth 
the reasons for such disagreement and such statement shall be 
appended to, and considered a part of, the report.
    Sec. 9. Nothing in this Executive order is intended to 
alter the authorities and responsibilities of the head of any 
department or agency.
                 w. International Communication Agency

    Executive Order 12048, March 27, 1978, 43 F.R. 13361, 5 U.S.C. 
  Appendix; as amended by Executive Order 12388, October 14, 1982, 47 
 F.R. 46245; and by Executive Order 12608, September 9, 1987, 52 F.R. 
                                 34617

                 International Communication Agency \1\

    By virtue of the authority vested in me by the Constitution 
and laws of the United States of America, including Section 11 
of Reorganization Plan No. 2 of 1977 (42 FR 62461 (December 13, 
1977)), Section 202 of the Budget and Accounting Procedures Act 
of 1950 (31 U.S.C. 581c), and Section 301 of Title 3 of the 
United States Code, and as President of the United States of 
America, in order to provide for the establishment of the 
International Communication Agency, it is hereby ordered as 
follows:
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1461 note. Sec. 303 of Public Law 97-241 (96 Stat. 
291) redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency. See sec. 10 of this 
order.
    Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
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    Sec. 1. (a) Reorganization Plan No. 2 of 1977 (42 FR 
62461), which establishes the International Communication 
Agency, except for Section 7(a)(14) thereof, is hereby 
effective.
    (b) Section 7(a)(14) of Reorganization Plan No. 2 of 1977, 
relating to the Woodrow Wilson Memorial Act of 1968, shall be 
effective on July 1, 1978.
    Sec. 2. The functions vested in the Secretary of State by 
Executive Order No. 11312 \2\ are assigned and redelegated to 
the Director of the International Communication Agency. All 
authority vested in the United States Information Agency or its 
Director by Executive Order is reassigned and redelegated to 
the International Communication Agency or its Director, 
respectively.
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    \2\ Executive Order 11312 was revoked by Executive Order 12047, 
effective April 1, 1978.
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    Sec. 3. In order to ensure appropriate coordination among 
the Executive agencies, the Director of the International 
Communication Agency shall exercise primary responsibility for 
Government-wide policy guidance for international 
informational, educational, and cultural activities, including 
exchange programs. The Director shall take into account the 
statutory functions of the other concerned Executive agencies.
    Sec. 4. The Director of the International Communication 
Agency, with the assistance of the Secretary of Education, 
shall prepare and submit to the President the reports which the 
President is to transmit to the Congress pursuant to Section 
108(b) of the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2458).
    Sec. 5. The functions vested in the President by Sections 
108(c) and 108(d) of the Mutual Educational and Cultural 
Exchange Act of 1961, as amended, are delegated to the Director 
of the International Communication Agency; because, (a) such a 
delegation is in the interest of the purposes expressed in that 
Act and the efficient administration of the programs undertaken 
pursuant thereto, (b) the Director is an appropriate official 
to perform those functions, and (c) those functions are not now 
delegated to any other officer of the Government.
    Sec. 6. The Director of the International Communication 
Agency shall be the principal adviser to the President, the 
National Security Council, and the Secretary of State on 
international informational, educational, and cultural matters. 
As such, the Director shall provide advice within the policy 
formulation activities of the National Security Council when 
such matters are considered. The Director shall ensure that the 
senior official of the Agency at each diplomatic mission 
provides advice to the Chief of Mission on such matters. The 
scope of the Director's advice shall include assessments of the 
impact of actual and proposed United States foreign policy 
decisions on public opinion abroad.
    Sec. 7. The records, property, personnel, and unexpended 
balances of appropriations, available or to be made available, 
which relate to the functions transferred or reassigned, or 
redelegated as provided in this Order, are hereby transferred 
to the Director of the International Communication Agency.
    Sec. 8. The Director of the Office of Management and Budget 
shall make such determinations, issue such orders, and take all 
actions, necessary or appropriate to effectuate the transfers 
or reassignments provided in this Order, including the transfer 
of funds, records, property, and personnel.
    Sec. 9. This Order shall be effective on April 1, 1978.
    Sec. 10.\3\ In accord with the name change provisions of 
Section 303 of Public Law 97-241 and effective on August 24, 
1982, references in this Order to the International 
Communication Agency shall be deemed to be references to the 
United States Information Agency.
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    \3\ Sec. 10 was added by sec. 2 of Executive Order 12388.
     x. Authority of Director, United States Information Agency \1\

  Executive Order 10477, August 1, 1953, 18 F.R. 4540, 22 U.S.C. 1472 
note; as amended by Executive Order 10822, May 20, 1959, 24 F.R. 4159; 
    and by Executive Order 12292, February 23, 1981, 46 F.R. 13967.

  Authorizing the Director of the United States Information Agency To 
 Exercise Certain Authority Available by Law to the Secretary of State 
       and the Director of the Foreign Operations Administration

    By virtue of the authority vested in me by section 2(d) of 
Reorganization Plan No. 8 of 1953, and as President of the 
United States, it is ordered as follows:
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    \1\ Sec. 1311 of division G of Public Law 105-277 (112 Stat. 2681-
776) abolished the USIA (other than the Broadcasting Board of Governors 
and the International Broadcasting Bureau) and sec. 1312 of that Act 
transferred relevant authority to the Secretary of State.
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    Section 1. Determination. It is hereby determined that it 
is necessary, in order to carry out the functions transferred 
to the Director of the United States Information Agency 
(hereinafter referred to as the Director) by the provisions of 
subsections (a), (b), and (c) of section 2 of the said 
Reorganization Plan No. 8 of 1953, to authorize the Director to 
exercise, in relation to the respective functions so 
transferred, the authority specified in sections 2 and 3 
hereof.
    Sec. 2.\2\ [Revoked--1981]
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    \2\ Executive Order 12292 (46 F.R. 13967) revoked sec. 2, which 
pertained to authority under the Foreign Service Act and related laws.
---------------------------------------------------------------------------
    Sec. 3. Authority under various other statutes. The 
Director is authorized to exercise the authority available to 
the Secretary of State or the Director of the Foreign 
Operations Administration, as the case may be, under the 
following-described provisions of law:
    (a) The Foreign Service Buildings Act of 1926, as amended 
(22 U.S.C. 292-300), regarding the acquisition, construction, 
alteration, repair, furnishing, exchange, and disposal of 
buildings and grounds in foreign countries.
    (b) The act of July 9, 1949 (5 U.S.C. 170 a, b, and c), 
regarding the transfer, acquisition, use, and disposal of 
international broadcasting facilities.
    (c) The act of August 3, 1950 (19 U.S.C. 1201, par. 1628), 
regarding the importation of sound recordings.
    (d) The provisions under the first heading ``Salaries and 
Expenses'' of the Department of State Appropriation Act, 1954, 
regarding (1) employment of aliens, by contract, for services 
abroad, (2) purchase of uniforms, (3) cost of transporting to 
and from a place of storage and the cost of storing the 
furniture and household effects of an employee of the Foreign 
Service who is assigned to a post at which he is unable to use 
his furniture and effects, under such regulations as the 
Secretary of State may prescribe, (4) dues for library 
membership in organizations which issue publications to members 
only, or to members at a price lower than to others, (5) 
examination of estimates of appropriations in the field, (6) 
purchase of ice and drinking water abroad, (7) payment of 
excise taxes on negotiable instruments abroad, and (8) 
procurement, by contract or otherwise, of services, supplies, 
and facilities, as follows: (i) maintenance, improvement, and 
repair of properties used for international information 
activities in foreign countries, (ii) fuel and utilities for 
Government-owned or leased property abroad, and (iii) rental or 
lease for periods not exceeding ten years of offices, 
buildings, ground, and living quarters, and the furnishing of 
living quarters to officers and employees engaged in 
international information activities abroad (22 U.S.C. 291).
    (e) The provisions of the Department of State Appropriation 
Act, 1954, regarding (1) exchange of funds for payment of 
expenses in connection with the operation of information 
establishments abroad without regard to the provisions of 
section 3651 of the Revised Statutes (31 U.S.C. 543) (section 
103 of the General Provisions of the Department of State 
Appropriation Act, 1954), (2) payment of travel expenses 
outside the continental limits of the United States from funds 
available in the fiscal year that such travel is authorized and 
actually begins (section 104 of the General Provisions of the 
Department of State Appropriation Act, 1954), (3) granting 
authority to the chief of each information Field Staff to 
approve, with the concurrence of the Chief of Mission, use of 
Government-owned vehicles for travel under conditions described 
in section 105 of the General Provisions of the Department of 
State Appropriation Act, 1954, and (4) purchase with foreign 
currencies for use abroad of passenger motor vehicles 
(exclusive of buses, ambulances, and station wagons) at a cost 
not to exceed the equivalent of $2,200 for each vehicle 
(section 106 of the General Provisions of the Department of 
State Appropriation Act, 1954).
    (f) Section 202 of the Revised Statutes of the United 
States (5 U.S.C. 156), so far as it authorizes the Secretary of 
State to keep the American public informed about the 
international information aspects of the United States foreign 
affairs.
    (g) Section 504(d) of the Mutual Security Act of 1951, as 
amended (relating to reduction in personnel), with respect to 
personnel transferred from the Mutual Security Agency or the 
Foreign Operations Administration to the United States 
Information Agency.
    (h) Section 161 of the Revised Statutes of the United 
States (5 U.S.C. 301) and section 4 of the act of May 26, 1949 
(5 U.S.C. 151c), regarding the promulgation of rules and 
regulations and the delegation of authority.
    Sec. 4. Effective date. This order shall become effective 
on August 1, 1953.
 2. Mutual Educational and Cultural Exchange Act and Related Materials

  a. Mutual Educational and Cultural Exchange Act of 1961, as amended 
                          (Fulbright-Hays Act)

  Public Law 87-256 [H.R. 8666], 75 Stat. 527, approved September 21, 
1961; as amended by Public Law 87-565 [Foreign Assistance Act of 1962, 
  S. 2996], 76 Stat. 255, approved August 1, 1962; Public Law 87-793 
[H.R. 7927], 76 Stat. 832, approved October 11, 1962; Public Law 89-698 
 [H.R. 14263], 80 Stat. 1066, approved October 29, 1966; Public Law 94-
 350 [Foreign Relations Authorization Act, Fiscal Year 1977; S. 3168], 
   90 Stat. 823, approved July 12, 1976; Public Law 95-426 [Foreign 
 Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 
      963 at 973, approved October 7, 1978; Public Law 96-60 [ICA 
Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363] 93 Stat. 395 
 at 398, approved August 15, 1979; Public Law 96-465 [Foreign Service 
 Act of 1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 
1980; Public Law 96-470 [Congressional Reports Elimination Act of 1980, 
 H.R. 6686], 94 Stat. 2237 at 2246, approved October 19, 1980; Public 
Law 98-164 [Foreign Relations Authorization Act, Fiscal Years 1984 and 
1985; H.R. 2915], 97 Stat. 1017, approved November 22, 1983; Public Law 
  100-204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 
 1989; H.R. 1777], 101 Stat. 1331, approved December 22, 1987; Public 
Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 
102-54 [Veterans Programs for Housing and Memorial Affairs Amendments; 
 H.R. 232], 105 Stat. 267, approved June 13, 1991; Public Law 103-199 
  [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 
 1993; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal 
  Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 
1994; Public Law 105-244 [Higher Education Amendments of 1998; H.R. 6], 
 112 Stat. 1581, approved October 7, 1998; Public Law 105-277 [Foreign 
Affairs Agencies Consolidation Act of 1998; subdivision A of division G 
 of H.R. 4328], 112 Stat. 2681-765, approved October 21, 1998; Public 
Law 105-277 [Foreign Relations Authorization Act, Fiscal Years 1998 and 
 1999; subdivision B of division G of H.R. 4328], 112 Stat. 2681-801, 
approved October 21, 1998; Public Law 105-292 [International Religious 
 Freedom Act of 1998; H.R. 2431], 112 Stat. 2787, approved October 27, 
 1998; and by Public Law 107-77 [Departments of Commerce, Justice, and 
 State, the Judiciary, and Related Agencies Appropriations Act, 2002; 
         H.R. 2500], 115 Stat. 748, approved November 28, 2001

    AN ACT To provide for the improvement and strengthening of the 
international relations of the United States by promoting better mutual 
 understanding among the peoples of the world through educational and 
                          cultural exchanges.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Mutual Educational and Cultural 
Exchange Act of 1961.''
    Sec. 101.\1\ Statement of Purpose.--The purpose of this Act 
is to enable the Government of the United States to increase 
mutual understanding between the people of the United States 
and the people of other countries by means of educational and 
cultural exchange; to strengthen the ties which unite us with 
other nations by demonstrating the educational and cultural 
interests, developments, and achievements of the people of the 
United States and other nations, and the contributions being 
made toward a peaceful and more fruitful life for people 
throughout the world; to promote international cooperation for 
educational and cultural advancement; and thus to assist in the 
development of friendly, sympathetic, and peaceful relations 
between the United States and the other countries of the world.
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    \1\ 22 U.S.C. 2451. Sec. 107 of the Foreign Relations Authorization 
Act, Fiscal Year 1978 (91 Stat. 845), called for a strengthening of 
educational exchange programs. See that section for text of the 
congressional findings and reference to a report due from State 
Department regarding these programs.
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    Sec. 102.\2\ (a) The President \3\ is authorized, when he 
considers that it would strengthen international cooperative 
relations, to provide, by grant, contract, or otherwise, for--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2452.
    See also sec. 602 of Public Law 101-610. See also Public Law 102-
138, sec. 210 (Claude and Mildred Pepper Scholarship Program), sec. 214 
(Israeli Arab Scholarship Program), sec. 225 (Eastern Europe Student 
Exchange Endowment Fund), sec. 226 (Enhanced Educational Exchange 
Program), sec. 227 (law and business training), sec. 228 (Near and 
Middle East research and training), and sec. 229 (scholarships for 
Vietnamese).
    See also sec. 807 of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3353).
    See also sec. 102 (leaders in human rights and democracy movements) 
and sec. 103 (exchanges and scholarships for Tibetans and Burmese) of 
Public Law 104-319.
    See also sec. 3011 of Public Law 106-31 (Russian Leadership 
Program); secs. 301-306 of Public Law 106-309 (International Academic 
Opportunity Act of 2000); and title II of H.R. 5666, as enacted by 
reference in sec. 1(a)(4) of Public Law 106-554 (Vietnam Education 
Foundation Act of 2000).
    \3\ Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, 
all functions vested in the President, Secretary of State, the 
Department of State, the Director of the United States Information 
Agency, and the United States Information Agency by this section except 
for those in subsecs. (b)(6) and (b)(10) were transferred to the 
Director of the International Communication Agency.
    Subsequently, sec. 303 of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
    Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
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          (1) educational exchanges, (i) by financing studies, 
        research, instructions, and other educational 
        activities--
                  (A) of or for American citizens and nationals 
                in foreign countries, and
                  (B) of or for citizens and nationals of 
                foreign countries in American schools and 
                institutions of learning located in or outside 
                the United States;
        and (ii) by financing visits and interchanges between 
        the United States and other countries of students, 
        trainees, teachers, instructors, and professors;
          (2) cultural exchanges, by financing--
                  (i) visits and interchanges between the 
                United States and other countries of leaders, 
                experts in fields of specialized knowledge or 
                skill, and other influential or distinguished 
                persons;
                  (ii) tours in countries abroad by creative 
                and performing artists and athletes from the 
                United States, individually and in groups, 
                representing any field of the arts, sports, or 
                any other form of cultural attainment;
                  (iii) United States representation in 
                international artistic, dramatic, musical, 
                sports, and other cultural festivals, 
                competitions, meetings, and like exhibitions 
                and assemblies;
                  (iv) participation by groups and individuals 
                from other countries in nonprofit activities in 
                the United States similar to those described in 
                subparagraphs (ii) and (iii) of this paragraph, 
                when the President \3\ determines that such 
                participation is in the national interest.
          (3) \4\ United States participation in international 
        fairs and expositions abroad, including trade and 
        industrial fairs and other public or private 
        demonstrations of United States economic 
        accomplishments and cultural attainments.
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    \4\ This paragraph was amended by sec. 403 of Public Law 87-565 (76 
Stat. 263; approved August 1, 1962), inserting the word ``abroad'' 
after the word ``expositions.'' The intent of Congress, as stated in 
the conference report (House Report 2008, 87th Congress) was to make 
clear that U.S. participation in fairs is limited to fairs held abroad 
and to conform to the long-established practice by which Congress 
authorizes on an individual basis U.S. participation in major fairs 
held in the United States. The amendment excepted U.S. participation in 
fairs or expositions for which an appropriation had already been 
provided, specifically participation in the New York World's Fair of 
1964-65 for which funds had been approved. (sec. 403, Public Law 87-
565.)
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    (b) In furtherance of the purposes of this Act, the 
President \3\ is further authorized to provide for--
          (1) interchanges between the United States and other 
        countries of handicrafts, scientific, technical, and 
        scholarly books, books of literature, periodicals, and 
        Government publications, and the reproduction and 
        translation of such writings, and the preparation, 
        distribution, and interchange of other educational and 
        research materials, including laboratory and technical 
        equipment for education and research;
          (2) establishing and operating in the United States 
        and abroad centers for cultural and technical 
        interchanges to promote better relations and 
        understanding between the United States and other 
        nations through cooperative study, training, and 
        research;
          (3) assistance in the establishment, expansion, 
        maintenance, and operation of schools and institutions 
        of learning abroad, founded, operated, or sponsored by 
        citizens or nonprofit institutions of the United 
        States, including such schools and institutions serving 
        as demonstration centers for methods and practices 
        employed in the United States;
          (4) fostering and supporting American studies in 
        foreign countries through professorships, lectureships, 
        institutes, seminars, and courses in such subjects as 
        American history, government, economics, language and 
        literature, and other subjects related to American 
        civilization and culture, including financing the 
        attendance at such studies by persons from other 
        countries;
          (5) promoting and supporting medical, scientific, 
        cultural, and educational research and development;
          (6) promoting modern foreign language training and 
        area studies in United States schools, colleges, and 
        universities by supporting visits and study in foreign 
        countries by teachers and prospective teachers in such 
        schools, colleges, and universities for the purpose of 
        improving their skill in languages and their knowledge 
        of the culture of the people of those countries, and by 
        financing visits by teachers from those countries to 
        the United States for the purpose of participating in 
        foreign language training and area studies in United 
        States schools, colleges, and universities;
          (7) United States representation at international 
        nongovernmental educational, scientific, and technical 
        meetings;
          (8) participation by groups and individuals from 
        other countries in educational, scientific, and 
        technical meetings held under American auspices in or 
        outside the United States;
          (9) encouraging independent research into the problem 
        of educational and cultural exchange;
          (10) \5\ promoting studies, research, instruction, 
        and other educational activities of citizens and 
        nationals of foreign countries in American schools, 
        colleges, and universities located in the United States 
        by making available to citizens and nationals of less 
        developed friendly foreign countries for exchange for 
        currencies of their respective countries (other than 
        excess foreign currencies), at United States embassies, 
        United States dollars in such amounts as may be 
        necessary to enable such foreign citizens or nationals 
        who are coming temporarily to the United States as 
        students, trainees, teachers, instructors, or 
        professors to meet expenses of the kind described in 
        section 104(e)(1) of this Act,\6\
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    \5\ Paragraph (10) was added by sec. 203(a) of the International 
Education Act of 1966 (Public Law 89-698; 80 Stat. 1071).
    \6\ Sec. 503 of the International Religious Freedom Act of 1998 
(Public Law 105-292; 112 Stat. 2811) struck out ``and'' at the end of 
para. (10); replaced a period at the end of para. (11) with ``; and'', 
and added a new para. (12).
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          (11) \7\ interchanges and visits between the United 
        States and other countries of scientists, scholars, 
        leaders, and other experts in the fields of 
        environmental science and environmental management; and 
        \6\
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    \7\ Paragraph 11 was added by sec. 703(a) of Public Law 98-164 (97 
Stat. 1045). Sec. 703(b) of Public Law 98-164 specified the following:
    ``(b) Of the amount by which expenditures for the Fulbright 
Academic Exchange Programs, for the Humphrey Fellowship Program, and 
for the International Visitor Program for each of the fiscal years 1984 
and 1985 exceeds the expenditures for these programs in fiscal year 
1982, 5 percent shall be used to finance programs authorized by the 
amendment made by subsection (a) of this section.''.
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          (12) \6\ promoting respect for and guarantees of 
        religious freedom abroad by interchanges and visits 
        between the United states and other nations of 
        religious leaders, scholars, and religious and legal 
        experts in the field of religious freedom.
    Sec. 103.\8\ (a) The President \3\ is authorized to enter 
into agreements with foreign governments and international 
organizations, in furtherance of the purposes of this Act. In 
such agreements the President \3\ is authorized, when he deems 
it in the public interest, to seek the agreement of the other 
governments concerned to cooperate and assist, including making 
use of funds placed in special accounts pursuant to agreements 
concluded in accordance with section 115(b)(6) of the Economic 
Cooperation Act of 1948, or any similar agreements,\9\ in 
providing for the activities authorized in section 102, and 
particularly those authorized in subsection 102(a)(1), of this 
Act with respect to the expenses of international 
transportation of their own citizens and nationals and of 
activities in furtherance of the purposes of this Act carried 
on within the borders of such other nations.
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    \8\ 22 U.S.C. 2453.
    \9\ The Economic Cooperation Act of 1948, as amended, was repealed 
by sec. 542(a) of the Mutual Security Act of 1954. Sec. 115(b)(6) and 
(h) of the former Act were replaced by sec. 142(b) of the latter Act. 
Sec. 142(b) of the Mutual Security Act of 1954, as amended, was in turn 
repealed by the Foreign Assistance Act of 1961, Public Law 87-195 (75 
Stat. 424), and replaced by sec. 609 of Public Law 87-195. Sec. 609 of 
Public Law 87-195, in turn, was superseded by sec. 592 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990 (Public Law 101-167), then by sec. 575 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991 (Public 
Law 101-513), which was extended into fiscal year 1992 by a continuing 
resolution (sec. 106, Public Law 102-145; 105 Stat. 968), further 
continued for fiscal year 1994 in sec. 537 of Public Law 103-87, for 
fiscal year 1995 in sec. 536 of Public Law 103-306, for fiscal year 
1996 in sec. 532 of Public Law 104-107, for fiscal year 1997 in sec. 
531 of Public Law 104-208, for fiscal year 1998 in sec. 532 of Public 
Law 105-118, for fiscal year 1999 in sec. 533 of Public Law 105-277, 
for fiscal year 2000 in sec. 532 of H.R. 3422, enacted by reference in 
Public Law 106-113; and for fiscal year 2001 in sec. 532 of H.R. 5526, 
enacted by reference in Public Law 106-429.
    Most recently, sec. 532 of H.R. 5526, enacted by reference in 
101(a) of Public Law 106-429, provided the following:
---------------------------------------------------------------------------

                          ``separate accounts
---------------------------------------------------------------------------
    ``Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the Agency 
for International Development shall--
---------------------------------------------------------------------------

          ``(A) require that local currencies be deposited in a 
        separate account established by that government;
          ``(B) enter into an agreement with that government which sets 
        forth--

                  ``(i) the amount of the local currencies to be 
                generated; and
                  ``(ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and

          ``(C) establish by agreement with that government the 
        responsibilities of the Agency for International Development 
        and that government to monitor and account for deposits into 
        and disbursements from the separate account.
---------------------------------------------------------------------------
    ``(2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
---------------------------------------------------------------------------

          ``(A) to carry out chapters 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--

                  ``(i) project and sector assistance activities; or
                  ``(ii) debt and deficit financing; or

          ``(B) for the administrative requirements of the United 
        States Government.
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    ``(3) Programming Accountability.--The Agency for International 
Development shall take all necessary steps to ensure that the 
equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
    ``(4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    ``(5) Reporting Requirement.--The Administrator of the Agency for 
International Development shall report on an annual basis as part of 
the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in 
subsection (a)(2)(B), and such report shall include the amount of local 
currency (and United States dollar equivalent) used and/or to be used 
for such purpose in each applicable country.
    ``(b) Separate Accounts for Cast Transfers.--(1) If assistance is 
made available to the government of a foreign country, under chapter 1 
or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 
of 1961, as cash transfer assistance or as nonproject sector 
assistance, that country shall be required to maintain such funds in a 
separate account and not commingle them with any other funds.
    ``(2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (House 
Report No. 98-1159).
    ``(3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of 
the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
    ``(4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.''.
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    (b) Such agreements may also provide for the creation or 
continuation of binational or multinational educational and 
cultural foundations and commissions for the purpose of 
administering programs in furtherance of the purposes of this 
Act.
    (c) In such agreements with international organizations, 
the President \3\ may provide for equitable United States 
participation in and support for, including a reasonable share 
of the cost of, educational and cultural programs to be 
administered by such organizations.
    Sec. 104.\10\ (a) The President may delegate, to such 
officers of the Government as he determines to be appropriate, 
any of the powers conferred upon him by this Act to the extent 
that he finds such delegation to be in the interest of the 
purposes expressed in this Act and the efficient administration 
of the programs undertaken pursuant to this Act: Provided, That 
where the President has delegated any of such powers to any 
officer, before the President implements any proposal for the 
delegation of any of such powers to another officer, that 
proposal shall be submitted to the Speaker of the House of 
Representatives and to the Committee on Foreign Relations of 
the Senate, and thereafter a period of not less than sixty days 
shall have elapsed while Congress is in session. In computing 
such sixty days, there shall be excluded the days on which 
either House is not in session because of an adjournment of 
more than three days.
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    \10\ 22 U.S.C. 2454.
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    (b) \11\ The President is authorized to employ such other 
personnel as he deems necessary to carry out the provisions and 
purposes of this Act, and of such personnel not to exceed ten 
may be compensated without regard to the provisions of the 
Classification Act of 1949, as amended,\12\ but not in excess 
of the highest rate of grade 18 of the general schedule 
established by such Act. Such positions shall be in addition to 
the number authorized by section 505 of the Classification Act 
of 1949, as amended.\13\
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    \11\ This subsection was amended and restated by sec. 1001(j) of 
Public Law 87-793 (76 Stat. 865).
    \12\ 5 U.S.C. 5101 et seq.
    \13\ 5 U.S.C. 5332(a).
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    (c) \14\ * * * [Repealed--1981]
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    \14\ Subsec. (c), which authorized the Secretary of State to employ 
or assign persons in or to the Foreign Service Reserve or Foreign 
Service Staff and alien clerks and employees for the purpose of 
performing functions under this Act outside of the United States, was 
repealed by sec. 2205(7) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2160).
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    (d) For the purpose of performing functions under this Act 
outside the United States, the President \3\ is authorized to 
provide that any person employed or assigned by a United States 
Government agency shall be entitled, except to the extent that 
the President \3\ may specify otherwise in cases in which the 
period of employment or assignment exceeds thirty months, to 
the same benefits as are provided by section 310 of the Foreign 
Service Act of 1980, for individuals appointed to the Foreign 
Service.\15\
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    \15\ The reference to sec. 310 of the Foreign Service Act of 1980 
was substituted in lieu of a reference to sec. 528 of the Foreign 
Service Act of 1946 by sec. 2206(9) of Public Law 96-465 (94 Stat. 
2162).
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    (e)(1) In providing for the activities and interchanges 
authorized by section 102 of this Act, grants may be made to or 
for individuals, either directly or through foundations or 
educational or other institutions, which foundations or 
institutions are public or private nonprofit, and may include 
funds for tuition and other necessary incidental expenses, for 
travel expenses from their places of residence and return for 
themselves, and, whenever it would further the purposes of this 
Act, for the dependent members of their immediate families, for 
health and accident insurance premiums, emergency medical 
expenses, costs of preparing and transporting to their former 
homes the remains of any of such persons who may die while away 
from their homes as participants or dependents of participants 
in any program under this Act, and for per diem in lieu of 
subsistence at rates prescribed by the Director of the 
International Communication Agency,\16\ for all such persons, 
and for such other expenses as are necessary for the successful 
accomplishment of the purposes of this Act.
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    \16\ This reference to the Director of the Agency was substituted 
in lieu of a reference to the President by sec. 204(a) of Public Law 
95-426 (92 Stat. 973). Sec. 303 of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
    Sec. 1311 of the of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-776), however, abolished the United States Information Agency 
(other than the Broadcasting Board of Governors and the International 
Broadcasting Bureau), and sec. 1312(a) of that Act ``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 office or component of such agency, under any statute, 
as of the day before the effective date of this title.''. See also 
secs. 1301 and 1601 of that Act to determine date of effectiveness.
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    (2) Funds available for programs under this Act may be used 
(i) to provide for orientation courses, language training, or 
other appropriate services and materials for persons traveling 
out of the countries of their residence for educational and 
cultural purposes which further the purposes of this Act, 
whether or not they are receiving other financial support from 
the Government, and (ii) to provide or continue services to 
increase the effectiveness of such programs following the 
return of such persons to the countries of their residence.
    (3) For the purpose of assisting foreign students in making 
the best use of their opportunities while attending colleges 
and universities in the United States, and assisting such 
students in directing their talents and initiative into 
channels which will make them more effective leaders upon 
return to their native lands, the President may make suitable 
arrangements, by contract or otherwise, for the establishment 
and maintenance at colleges and universities in the United 
States attended by foreign students of an adequate counseling 
service.
    (4) The President is authorized to provide for publicity 
and promotion (including representation) abroad of activities 
of the type provided for in this Act, and of similar services 
and opportunities for interchange not supported by the United 
States Government.\17\
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    \17\ Sec. 231 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 424), added ``, and 
of similar services and opportunities for interchange not supported by 
the United States Government'' at the end of par. (4).
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    (f) \18\ * * * [Repealed--1979]
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    \18\ Subsec. (f), which required that all persons employed or 
assigned duties under this Act be investigated with respect to loyalty 
and suitability, was repealed by sec. 203(a)(1) of the ICA 
Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 
Stat. 398).
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    (g) \19\ (1) For the purpose of performing functions 
authorized by section 102(b)(10) of this Act, the President is 
authorized to establish the exchange rates at which all foreign 
currencies may be acquired through operations under such 
section, and shall issue regulations binding upon all embassies 
with respect to the exchange rates to be applicable in each of 
the respective countries where currency exchanges are 
authorized under such section.
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    \19\ Subsec. (g) was added by sec. 203(b) of the International 
Education Act of 1966 (Public Law 89-698; 80 Stat. 1071).
---------------------------------------------------------------------------
    (2) In performing the functions authorized under section 
102(b)(10) of this Act, the President shall make suitable 
arrangements for protecting the interests of the United States 
Government in connection with the ownership, use, and 
disposition of all foreign currencies acquired pursuant to 
exchanges made under such section.
    (3) The total amount of United States dollars acquired by 
any individual through currency exchanges under the authority 
of section 102(b)(10) of this Act shall in no event exceed 
$3,000 during any academic year.
    (4) An individual shall be eligible to exchange foreign 
currency for United States dollars at United States embassies 
under section 102(b)(10) of this Act only if he gives 
satisfactory assurances that (A) he will devote essentially 
full time to his proposed educational activity in the United 
States and will maintain good standing in relation to such 
program; (B) he will return to the country of his citizenship 
or nationality prior to coming to the United States and will 
render such public service as is determined acceptable for a 
period of time determined reasonable and necessary by the 
government of such country; and (C) he will not apply for an 
immigrant visa or for permanent residence or for a nonimmigrant 
visa under the Immigration and Nationality Act after having 
received any benefits under such section for a period of time 
equal to the period of study, research, instruction, or other 
educational activity he performed pursuant to such section.
    (5) As used in section 102(b)(10) of this Act, the term 
``excess foreign currencies'' means foreign currencies, which 
if acquired by the United States (A) would be in excess of the 
normal requirements of departments, agencies, and embassies of 
the United States for such currencies, as determined by the 
President, and (B) would be available for the use of the United 
States Government under applicable agreements with the foreign 
country concerned.
    Sec. 105.\20\ (a) Amounts appropriated to carry out the 
purposes of this Act are authorized to be made available until 
expended.
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    \20\ 22 U.S.C. 2455. Sec. 227 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 423), amended and restated subsec. (a). It formerly read as 
follows:
    ``(a) Appropriations to carry out the purposes of this Act, to 
remain available until expended, are hereby authorized, and this 
authorization includes the authority to grant, in any appropriation 
Act, the authority to enter into contracts, within the amounts so 
authorized, creating obligations in advance of appropriations.''.
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    (b) Funds appropriated for programs under this Act may, 
without regard to section 3651 of the Revised Statutes (31 
U.S.C. 543), be used for the acquisition from any source of 
foreign currencies in such amounts as may be necessary for 
current expenditures and for grants, including grants to 
foundations and commissions in accordance with international 
agreements providing for the accomplishment of the purposes of 
this Act.
    (c) Moneys appropriated to any department or agency of the 
Government in furtherance of the purposes of this Act for 
research, technical aid, and educational and cultural programs, 
may be transferred by the President to any other appropriation 
available for like purposes, but no appropriation authorized by 
this Act shall be increased or decreased by more than 10 per 
centum by reason of transfers pursuant to this paragraph.
    (d) The President is authorized--
          (1) to reserve in such amounts and for such periods 
        as he shall determine to be necessary to provide for 
        the programs authorized by subsections 102(a)(1) and 
        102(a)(2)(i), and
          (2) notwithstanding the provisions of any other law, 
        to use in such amounts as may from time to time be 
        specified in appropriation Acts, to the extent that 
        such use is not restricted by agreement with the 
        foreign nations concerned, for any programs authorized 
        by this Act,
any currencies of foreign nations received or to be received by 
the United States or any agency thereof--
          (i) under agreements disposing of surplus property or 
        settling lend-lease and other war accounts concluded 
        after World War II;
          (ii) as the proceeds of sales or loan repayments, 
        including interests, for transactions heretofore or 
        hereafter effected under the Agricultural Trade 
        Development and Assistance Act of 1954, as amended;
          (iii) in repayment of principal or interest on any 
        other credit extended or loan heretofore or hereafter 
        made by the United States or any agency thereof; or
          (iv) as deposits to the account of the United States 
        pursuant to section 115(b)(6) or section 115(h) of the 
        Economic Cooperation Act of 1948, as amended, or any 
        similar provision of any other law.\9\
    (e) The President \3\ is further authorized to reserve and 
use for educational and cultural exchange programs and other 
activities authorized in subsections 102 (a) and (b) of this 
Act, in relation to Finland and the people of Finland, all sums 
due or paid on and after August 24, 1949, by the Republic of 
Finland to the United States as interest on or in retirement of 
the principal of the debt incurred under the Act of February 
25, 1919, as refunded by the agreement dated May 1, 1923, 
pursuant to the authority contained in the Act of February 9, 
1922, or of any other indebtedness incurred by that Republic 
and owing to the United States as a result of World War I.
    (f) Foreign governments, international organizations and 
private individuals, firms, associations, agencies, and other 
groups shall be encouraged to participate to the maximum extent 
feasible in carrying out this Act and to make contributions of 
funds, property, and services which the President is hereby 
authorized to accept, to be utilized to carry out the purposes 
of this Act. Funds made available for the purposes of this Act 
may be used to contribute toward meeting the expenses of 
activities carried out through normal private channels, by 
private means, and through foreign governments and 
international organizations.
    (g) \21\ Notwithstanding any other provision of this Act, 
there are authorized to be appropriated for the purposes of 
making currency exchanges under section 102(b)(10) of this Act, 
not to exceed $10,000,000 for the fiscal year ending June 30, 
1968, and not to exceed $15,000,000 for the fiscal year ending 
June 30, 1969.
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    \21\ Subsec. (g) was added by sec. 203(c) of the International 
Education Act of 1966 (Public Law 89-698; 80 Stat. 1072).
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    Sec. 106.\22\ (a)(1) For the purpose of selecting students, 
scholars, teachers, trainees, and other persons to participate 
in the programs authorized under section 102(a)(1) of this Act, 
and of supervising such programs and the programs authorized 
under section 102(b)(4) and (6), there is hereby continued the 
authority of the President to appoint a board of foreign 
scholarships which shall be known as the ``J. William Fulbright 
Foreign Scholarship Board'' \23\ (hereinafter referred to as 
the ``Board'') consisting of twelve members. In connection with 
appointments to such Board, due consideration shall be given to 
the selection of distinguished representatives of cultural, 
educational, student advisory, and war veterans groups, and 
representatives of the United States Office of Education, the 
United States Department of Veterans Affairs,\24\ public and 
private nonprofit educational institutions.
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    \22\ 22 U.S.C. 2456.
    \23\ Sec. 204(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 49), struck 
out ``Board of Foreign Scholarships'' and inserted in lieu thereof 
``board of foreign scholarships which shall be known as the `J. William 
Fulbright Foreign Scholarship Board'''.
    Sec. 204(b) of that Act provided that each member appointed to the 
Board of Foreign Scholarship before enactment of Public Law 101-246 
(February 16, 1990) shall complete their term of appointment.
    Sec. 204(c) of that Act provided that ``Any reference in any 
provision of law to the Board of Foreign Scholarships shall, on and 
after the date of enactment of this Act, be deemed to be a reference to 
the J. William Fulbright Foreign Scholarship Board.''.
    \24\ Sec. 13(h)(1) of Public Law 102-54 (105 Stat. 275) struck out 
``Veterans' Administration'' and inserted in lieu thereof ``Department 
of Veterans Affairs''.
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    (2) In the selection of American citizens for participation 
in programs under this Act, preference shall be given to those 
who have served in the Armed Forces of the United States, and 
due consideration shall be given to applicants from all 
geographical areas of the United States.
    (b)(1) The United States Advisory Commission on 
International Educational and Cultural Affairs \25\ 
(hereinafter referred to as the ``Commission'') is hereby 
established to replace the United States Advisory Commission on 
Educational Exchange. The Commission shall formulate and 
recommend to the President policies for exercising his 
authority under this Act and shall appraise the effectiveness 
of programs carried out pursuant to it. The Commission shall 
make a special study of the effectiveness of past programs with 
emphasis on the activities of a reasonably representative cross 
section of past recipients of aid and shall submit a report to 
the Congress not later than December 31, 1962.
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    \25\ The functions vested in this commission were consolidated and 
vested in a new United States Advisory Commission on International 
Communication, Cultural and Educational Affairs, pursuant to sec. 8(b) 
of Reorganization Plan No. 2 of 1977 (such new commission was 
redesignated as the U.S. Advisory Commission on Public Diplomacy in 
1979).
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    (2) The Commission shall consist of nine members who shall 
be appointed by the President, by and with the advice and 
consent of the Senate. Members of the Commission shall be 
appointed on a nonpartisan basis.
    (3) The members of the Commission shall represent the 
public interest and shall be selected from a cross section of 
educational, cultural, scientific, technical, and public 
service backgrounds.
    (4) The term of each member shall be three years except 
that, of the first nine appointments, three shall be for a term 
of one year and three shall be for a term of two years. Any 
member appointed to fill a vacancy occurring prior to the 
expiration of the term for which his predecessor is appointed 
shall be appointed for the remainder of such term. Upon the 
expiration of his term of office any member may continue to 
serve until his successor is appointed and has qualified.
    (5) The President shall designate a Chairman from among 
members of the Commission.
    (6) The Commission is authorized to adopt such rules and 
regulations as it may deem necessary to carry out the authority 
conferred upon it by this Act.
    (c) \26\ * * * [Repealed--1998]
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    \26\ Sec. 1336(2) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-790) repealed subsec. (c), which had continued the Advisory 
Committee on the Arts, originally created under section 10 of the 
International Cultural Exchange and Trade Fair Participation Act of 
1956.
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    (d) The President is authorized to create such interagency 
and other advisory committees as in his judgment may be of 
assistance in carrying out the purposes of this Act, and from 
time to time to convene conferences of persons interested in 
educational and cultural affairs to consider matters relating 
to the purposes of this Act.
    (e) The provisions of section 214 of the Act of May 3, 1945 
(59 Stat. 134; 31 U.S.C. 691), shall be applicable to any 
interagency committee created pursuant to the provisions of 
this Act. Members of the Commission, the Committee, and other 
committees provided for in this section shall be entitled (i) 
to transportation expenses and per diem in lieu of subsistence 
at the rate prescribed by or established pursuant to section 5 
of the Administrative Expense Act of 1946, as amended (5 U.S.C. 
73b-2), while away from home in connection with attendance at 
meetings or in consultation with officials of the Government or 
otherwise carrying out duties as authorized, and (ii) if not 
otherwise in the employ of the United States Government, to 
compensation at rates not in excess of $50 per diem while 
performing services for Commission, Committee, or other 
committee. Members of the Board shall be entitled to such 
expenses and per diem in lieu of subsistence as provided for 
under clause (i) of the preceding sentence and, while 
performing services for the Board, to compensation at a rate, 
prescribed by the Director of the International Communication 
Agency,\27\ not in excess of the daily rate for the first step 
of GS-15 of the General Schedule under section 5332 of title 5, 
United States Code.\28\
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    \27\ Sec. 303 of Public Law 97-241 (96 Stat. 291) redesignated the 
International Communication Agency as the United States Information 
Agency and stated that any reference to the International Communication 
Agency in any statute, reorganization plan, Executive order, 
regulation, agreement, determination, or other official document or 
proceeding, shall be deemed to be a reference to the United States 
Information Agency. Sec. 303 also stated that references to the 
Director or other official of the International Communication Agency 
shall be deemed to refer to the Director or other official of the 
United States Information Agency.
    Subsequently, sec. 1311 of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
    \28\ This sentence was added (effective October 1, 1979) by sec. 
205 of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public 
Law 96-60; 93 Stat. 401). Previously, the entitlements of members of 
the Board were included under clauses (i) and (ii).
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    (f) The President is authorized to provide for necessary 
secretarial and staff assistance for the Board, the Commission, 
the Committee, and such other committees as may be created 
under this section.
    Sec. 107.\29\ The Board, the Commission, and the Committee 
shall submit annual reports to the Congress and such other 
reports to the Congress as they deem appropriate, and shall 
make reports to the public in the United States and abroad to 
develop a better understanding of and support for the programs 
authorized by this Act.
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    \29\ 22 U.S.C. 2457.
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    Sec. 108.\30\ (a)(1) \31\ Whenever the President determines 
it to be in furtherance of this Act, the functions authorized 
in section 102(a) (2) and (3) may be performed without regard 
to such provisions of law or limitations of authority 
regulating or relating to the making, performance, amendment, 
or modification of contracts, the acquisition and disposition 
of property, and the expenditure of Government funds, as he may 
specify.
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    \30\ 22 U.S.C. 2458.
    \31\ Paragraph designation ``(1)'' and a new par. (2) were added by 
sec. 203(d) of the ICA Authorization Act, Fiscal Years 1980 and 1981 
(Public Law 96-60; 93 Stat. 399).
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    (2) \31\ Notwithstanding any other provision of law, the 
Director of the International Communication Agency \27\ may 
provide, on a reimbursable basis, services within the United 
States in connection with exchange activities otherwise 
authorized by this Act when such services are requested by a 
department or executive agency. Reimbursements under this 
paragraph shall be credited to the applicable appropriation of 
the Agency.
    (b) \32\ The President shall submit periodic reports to the 
Congress of activities carried on and expenditures made in 
furtherance of the purposes of this Act and of the United 
States Information and Educational Exchange Act of 1948, as 
amended.
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    \32\ Subsec. (b) was amended and restated by sec. 212(a) of Public 
Law 96-470 (94 Stat. 2246). The report required under subsec. (b) 
previously had been required annually.
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    (c) In connection with activities authorized by section 
102(a) (2) and (3) of this Act, the President is authorized to 
provide for all necessary expenditures involved in the 
selection, purchase, rental, construction, or other acquisition 
of exhibits and materials and equipment therefor, and the 
actual display thereof, including but not limited to costs of 
transportation, insurance, installation, safekeeping and 
storage, maintenance and operation, rental of space, and 
dismantling.
    (d) The President is authorized to utilize the provisions 
of title VIII of the United States Information and Educational 
Exchange Act of 1948, as amended, to the extent he deems 
necessary in carrying out the provisions and purposes of this 
Act.
    Sec. 108A.\33\ (a)(1) Congress consents to the acceptance 
by a Federal employee of grants and other forms of assistance 
provided by a foreign government to facilitate the 
participation of such Federal employee in a cultural exchange--
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    \33\ 22 U.S.C. 2458a. Sec. 108A was added by sec. 111 of the 
Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94-
350).
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          (A) which is of the type described in section 
        102(a)(2)(i) of this Act,
          (B) which is conducted for a purpose comparable of 
        the purpose stated in section 101 of this Act, and
          (C) which is specifically approved by the Secretary 
        of State for purposes of this section;
but the Congress does not consent to the acceptance by any 
Federal employee of any portion of any such grant or other form 
of assistance which provides assistance with respect to any 
expenses incurred by or for any member of the family or 
household of such Federal employee.
    (2) For purposes of this section, the term ``Federal 
employee'' means any employee as defined in subparagraphs (A) 
through (F) of section 7342(a)(1) of title 5 of the United 
States Code, but does not include a person described in 
subparagraph (G) of such section.
    (b) The grants and other forms of assistance with respect 
to which the consent of Congress is given in subsection (a) of 
this section shall not constitute gifts for purposes of section 
7342 of title 5 of the United States Code.
    (c) The Secretary of State is authorized to promulgate 
regulations for purposes of this section.
    Sec. 109.\34\ * * *
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    \34\ Sec. 109 contained amendments to the Immigration and 
Nationality Act.
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    Sec. 110.\35\ * * *
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    \35\ Sec. 110 contained amendments to the Internal Revenue Code of 
1954 (now the IRC of 1986) and the Social Security Act.
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    Sec. 111. (a) There are hereby repealed--
          (1) Section 32(b)(2) of the Surplus Property Act of 
        1944, as amended (60 Stat. 754, 50 U.S.C. App. Sec. 
        1641);
          (2) Sections 2(2), 201, 203 insofar as it relates to 
        schools, 601, 602, and 603 insofar as they relate to 
        the Advisory Commission on Education Exchange, 1001 
        insofar as it relates to persons employed or assigned 
        to duties under this Act, and 1008 and 1009 insofar as 
        they relate to educational exchange activities, of the 
        United States Information and Educational Exchange Act 
        of 1948, as amended (62 Stat. 6; 22 U.S.C. sections 
        1431(2); 1434, 1439, 1440, 1446, 1448, 1466, 1467, and 
        1468);
          (3) The International Cultural Exchange and Trade 
        Fair Participation Act of 1956 (70 Stat. 778; 22 U.S.C. 
        1991-2001);
          (4) The joint resolution of August 24, 1949, 
        authorizing the use of Finnish World War I debt 
        payments available for educational and technical 
        instruction, and so forth (63 Stat. 630; 20 U.S.C. 222-
        224).
    (b) All Executive orders, agreements, determinations, 
regulations, contracts, appointments, and other actions issued, 
concluded, or taken under authority of any provisions of law 
repealed by subsection (a) of this section shall continue in 
full force and effect and shall be applicable to the 
appropriate provisions of this Act until modified or superseded 
by appropriate authority.
    (c) Any reference in any other Act to the provisions of law 
listed in subsection (a) shall hereafter be considered to be 
references to the appropriate provisions of this Act.
    Sec. 112.\36\ (a) In order to carry out the purposes of 
this Act, there is established in the United States Information 
Agency, or in such appropriate agency of the United States as 
the President shall determine, a Bureau of Educational and 
Cultural Affairs (hereinafter in this section referred to as 
the ``Bureau''). The Bureau shall be responsible for managing, 
coordinating, and overseeing programs established pursuant to 
this Act, including but not limited to--
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    \36\ 22 U.S.C. 2460. Sec. 213 of the USIA Authorization Act, Fiscal 
Years 1984 and 1985 (title II of Public Law 98-164; 97 Stat. 1034), 
added sec. 112 with the exception of paragraphs (8) and (9) which were 
added respectively by secs. 302 and 303 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1378).
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          (1) the J. William Fulbright Educational Exchange 
        Program which, by promoting the exchange of scholars, 
        researchers, students, trainees, teachers, instructors, 
        and professors, between the United States and foreign 
        countries, accomplishes the purposes of section 
        102(a)(1) of this Act;
          (2) the Hubert H. Humphrey Fellowship Program which 
        finances (A) study at American universities and 
        institutions of higher learning, including study in 
        degree granting programs, and (B) participation in 
        fellowships, internships, or other programs in American 
        governmental and nongovernmental institutions for 
        public managers and other individuals from developing 
        countries;
          (3) the International Visitors Program which provides 
        grants for short-term visits to the United States for 
        foreign nationals who are, or have the potential to be, 
        leaders in their respective fields in their own 
        countries;
          (4) the American Cultural Centers and Libraries which 
        make available at selected foreign locations, books, 
        films, sound recordings, and other materials about the 
        United States, its people and culture, and about other 
        topics;
          (5) the American Overseas Schools Program which 
        provides financial assistance to the operations of 
        American-sponsored schools overseas;
          (6) the American Studies Program which fosters and 
        supports the study of the United States, and its people 
        and culture, in foreign countries;
          (7) a program of working with private, not-for-profit 
        groups through contracts, grants, or cooperative 
        agreements, as authorized by section 102 of this Act, 
        so as to provide financial assistance to 
        nongovernmental organizations engaged in implementing 
        and enhancing exchange-of-persons programs;
          (8) \36\ the Samantha Smith Memorial Exchange Program 
        which advances understanding between the United States 
        and the independent states of the former Soviet Union 
        \37\ and between the United States and Eastern European 
        countries through the exchange of persons under the age 
        of 21 years and of students at an institution of higher 
        education (as defined in section 101 \38\ of the Higher 
        Education Act of 1965 who have not received their 
        initial baccalaureate degree or through other programs 
        designed to promote contact between the young peoples 
        of the United States, the independent states of the 
        former Soviet Union,\37\ and Eastern European 
        countries; \39\ and
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    \37\ Sec. 301(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet Union'' and inserted in lieu thereof 
``independent states of the former Soviet Union'' in para. (8).
    \38\ Sec. 102(a)(7)(B) of the Higher Education Amendments of 1998 
(Public Law 105-244; 112 Stat. 1619) struck out ``1201(a)'' and 
inserted in lieu thereof ``101''; and struck out ``(20 U.S.C. 1141(a)'' 
following ``Higher Education Act of 1965''.
    \39\ Sec. 223 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 56), added text to 
this point from ``or through other programs''.
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          (9) \36\ the Arts America program which promotes a 
        greater appreciation and understanding of American art 
        abroad by supporting exhibitions and tours by American 
        artists in other countries.
    (b) \40\ (1) All recipients of Fulbright Academic Exchange 
and Humphrey Fellowship awards shall have full academic and 
artistic freedom, including freedom to write, publish, and 
create. No award granted pursuant to this Act may be revoked or 
diminished on account of the political views expressed by the 
recipient or on account of any scholarly or artistic activity 
that would be subject to the protections of academic and 
artistic freedom normally observed in universities in the 
United States. The Board shall ensure that the academic and 
artistic freedoms of all persons receiving grants are 
protected.
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    \40\ Sec. 204(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 50), 
redesignated subsec.(b) and (c) as (c) and (d), respectively, and added 
a new subsec. (b).
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    (2) The J. William Fulbright Foreign Scholarship Board 
shall formulate a policy on revocation of Fulbright grants 
which shall be made known to all grantees. Such policy shall 
fully protect the right to due process as well as the academic 
and artistic freedom of all grantees.
    (c) \40\ The President shall insure that all programs under 
the authority of the Bureau shall maintain their nonpolitical 
character and shall be balanced and representative of the 
diversity of American political, social, and cultural life. The 
President shall insure that academic and cultural programs 
under the authority of the Bureau shall maintain their 
scholarly integrity and shall meet the highest standards of 
academic excellence or artistic achievement.
    (d) \40\ The Bureau shall administer no programs except 
those operating under the authority of this Act and consistent 
with its purposes.
    (e) \41\ There is established in the Bureau of Educational 
and Cultural Affairs an Office of Citizen Exchanges. The Office 
shall support private not-for-profit organizations engaged in 
the exchange of persons between the United States and other 
countries.
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    \41\ Sec. 222(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 55), added subsec. 
(e).
    Sec. 222(b) of that Act provided that all functions carried out by 
the Office of Private Sector Programs be transferred to the Office of 
Citizen Exchanges.
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    (f) \42\ (1) The President shall ensure that all exchange 
programs conducted by the United States Government, its 
departments and agencies, directly or through agreements with 
other parties, are reported at a time and in a format 
prescribed by the Director. The President shall ensure that 
such exchanges are consistent with United States foreign policy 
and avoid duplication of effort.
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    \42\ Sec. 229(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 423), added subsec. 
(f). Sec. 229(b) of that Act further provided the following:
    ``(b) Report by the Director of USIA.--Not later than 120 days 
after the date of enactment of this Act, the Director of the United 
States Information Agency shall submit to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate a report--
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          ``(1) detailing the range of exchange programs administered 
        by the Agency;
          ``(2) identifying possible areas of duplication of 
        inefficiency; and
          ``(3) recommending program consolidation and administrative 
        restructuring as warranted.''.
    (2) Not later than 90 days after the date of enactment of 
this subsection, and annually thereafter, the President shall 
submit to the Speaker of the House of Representatives and the 
Chairman of the Committee on Foreign Relations of the Senate a 
report pursuant to paragraph (1). Such report shall include 
information for each exchange program supported by the United 
States on the objectives of such exchange, the number of 
exchange participants supported, the types of exchange 
activities conducted, the total amount of Federal expenditures 
for such exchanges, and the extent to which such exchanges are 
duplicative.
    (g) \43\ Working Group on United States Government 
Sponsored International Exchanges and Training.--(1) In order 
to carry out the purposes of subsection (f) and to improve the 
coordination, efficiency, and effectiveness of United States 
Government-sponsored international exchanges and training, 
there is established within the United States Information 
Agency a senior-level interagency working group to be known as 
the Working Group on United States Government-Sponsored 
International Exchanges and Training (in this section referred 
to as the ``Working Group'').
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    \43\ Sec. 2414 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-832) added subsec. (g).
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    (2) For purposes of this subsection, the term ``Government-
sponsored international exchanges and training'' means the 
movement of people between countries to promote the sharing of 
ideas, to develop skills, and to foster mutual understanding 
and cooperation, financed wholly or in part, directly or 
indirectly, with United States Government funds.
    (3) The Working Group shall be composed as follows:
          (A) The Associate Director for Educational and 
        Cultural Affairs of the United States Information 
        Agency, who shall act as Chair.
          (B) A senior representative of the Department of 
        State, who shall be designated by the Secretary of 
        State.
          (C) A senior representative of the Department of 
        Defense, who shall be designated by the Secretary of 
        Defense.
          (D) A senior representative of the Department of 
        Education, who shall be designated by the Secretary of 
        Education.
          (E) A senior representative of the Department of 
        Justice, who shall be designated by the Attorney 
        General.
          (F) A senior representative of the Agency for 
        International Development, who shall be designated by 
        the Administrator of the Agency.
          (G) Senior representatives of such other departments 
        and agencies as the Chair determines to be appropriate.
    (4) Representatives of the National Security Adviser and 
the Director of the Office of Management and Budget may 
participate in the Working Group at the discretion of the 
Adviser and the Director, respectively.
    (5) The Working Group shall be supported by an interagency 
staff office established in the Bureau of Educational and 
Cultural Affairs of the United States Information Agency.
    (6) The Working Group shall have the following purposes and 
responsibilities:
          (A) To collect, analyze, and report data provided by 
        all United States Government departments and agencies 
        conducting international exchanges and training 
        programs.
          (B) To promote greater understanding and cooperation 
        among concerned United States Government departments 
        and agencies of common issues and challenges in 
        conducting international exchanges and training 
        programs, including through the establishment of a 
        clearinghouse for information on international exchange 
        and training activities in the governmental and 
        nongovernmental sectors.
          (C) In order to achieve the most efficient and cost-
        effective use of Federal resources, to identify 
        administrative and programmatic duplication and overlap 
        of activities by the various United States Government 
        departments and agencies involved in Government-
        sponsored international exchange and training programs, 
        to identify how each Government-sponsored international 
        exchange and training program promotes United States 
        foreign policy, and to report thereon.
          (D)(i) Not later than 1 year after the date of the 
        enactment of the Foreign Relations Authorization Act, 
        Fiscal Years 1998 and 1999, the Working Group shall 
        develop a coordinated and cost-effective strategy for 
        all United States Government-sponsored international 
        exchange and training programs, including an action 
        plan with the objective of achieving a minimum of 10 
        percent cost savings through greater efficiency, the 
        consolidation of programs, or the elimination of 
        duplication, or any combination thereof.
          (ii) Not later than 1 year after the date of 
        enactment of the Foreign Relations Authorization Act, 
        Fiscal Years 1998 and 1999, the Working Group shall 
        submit a report to the appropriate congressional 
        committees setting forth the strategy and action plan 
        required by clause (i).
          (iii) Each year thereafter the Working Group shall 
        assess the strategy and plan required by clause (i).
          (E) Not later than 2 years after the date of the 
        enactment of the Foreign Relations Authorization Act, 
        Fiscal Years 1998 and 1999, to develop recommendations 
        on common performance measures for all United States 
        Government-sponsored international exchange and 
        training programs, and to issue a report.
          (F) To conduct a survey of private sector 
        international exchange activities and develop 
        strategies for expanding public and private 
        partnerships in, and leveraging private sector support 
        for, United States Government-sponsored international 
        exchange and training activities.
          (G) Not later than 6 months after the date of the 
        enactment of the Foreign Relations Authorization Act, 
        Fiscal Years 1998 and 1999, to report on the 
        feasibility and advisability of transferring funds and 
        program management for the ATLAS or the Mandela Fellows 
        programs, or both, in South Africa from the Agency for 
        International Development to the United States 
        Information Agency. The report shall include an 
        assessment of the capabilities of the South African 
        Fulbright Commission to manage such programs and the 
        cost effects of consolidating such programs under one 
        entity.
    (7) All reports prepared by the Working Group shall be 
submitted to the President, through the Director of the United 
States Information Agency.
    (8) The Working Group shall meet at least on a quarterly 
basis.
    (9) All decisions of the Working Group shall be by majority 
vote of the members present and voting.
    (10) The members of the Working Group shall serve without 
additional compensation for their service on the Working Group. 
Any expenses incurred by a member of the Working Group in 
connection with service on the Working Group shall be 
compensated by that member's department or agency.
    (11) With respect to any report issued under paragraph (6), 
a member may submit dissenting views to be submitted as part of 
the report of the Working Group.
    Sec. 113.\44\ Exchanges Between The United States and the 
Independent States of the Former Soviet Union.--(a) The 
President is authorized to negotiate and implement agreements 
with the independent states of the former Soviet Union \45\ 
under which repayments made by the independent states \46\ on 
Lend-Lease debts to the United States would be used to finance 
the exchange of persons between the United States and the 
independent states \47\ for educational, cultural, and artistic 
purposes. Exchanges authorized pursuant to this section shall 
be administered subject to the provisions of this Act. Part of 
the funds repaid to the United States shall be in convertible 
currency for the purpose of paying the expenses associated with 
study and other exchange activities in the United States by 
citizens of the independent states.\48\
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    \44\ 22 U.S.C. 2461. Sec. 224 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 56), added sec. 113. Sec. 301(2)(A) of the FRIENDSHIP Act (Public 
Law 103-199; 107 Stat. 2322) amended the section caption; it formerly 
read ``United States-Soviet Exchanges.--''.
    \45\ Sec. 301(2)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``an agreement with the Union of Soviet 
Socialist Republics'' and inserted in lieu thereof ``agreements with 
the independent states of the former Soviet Union''.
    \46\ Sec. 301(2)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``made by the Soviet Union'' and inserted in 
lieu thereof ``made by the independent states''.
    \47\ Sec. 30192)(D) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``and the Soviet Union'' and inserted in lieu 
thereof ``and the independent states''.
    \48\ Sec. 301(2)(E) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``by Soviet citizens in the United States'' and 
inserted in lieu thereof ``in the United States by citizens of the 
independent states''.
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    (b) Funds made available for the purposes of this section 
shall be available only to the extent and in the amounts 
provided for in an appropriation Act.

SEC. 114. \49\ ALLOCATION OF FUNDS TRANSFERRED TO THE BUREAU OF 
                    EDUCATIONAL AND CULTURAL AFFAIRS.

    Of each amount transferred to the Bureau of Educational and 
Cultural Affairs out of appropriations other than 
appropriations under the heading ``Educational and Cultural 
Exchange Programs'' for support of an educational or cultural 
exchange program, notwithstanding any other provision of law, 
not more than 7.5 percent shall be made available to cover 
administrative expenses incurred in connection with support of 
the program. Amounts made available to cover administrative 
expenses shall be credited to the appropriations under the 
heading ``Educational and Cultural Exchange Programs'' and 
shall remain available until expended.
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    \49\ 22 U.S.C. 2463. Added by sec. 406 of the Department of State 
Appropriations Act, 2002 (title IV of Public Law 107-77; 115 Stat. 
790).
           b. International Academic Opportunity Act of 2000

 Partial text of Public Law 106-309 [Microenterprise for Self-Reliance 
 and International Anti-Corruption Act of 2000, H.R. 1143], 114 Stat. 
                1078 at 1094, approved October 17, 2000

             INTERNATIONAL ACADEMIC OPPORTUNITY ACT OF 2000

SEC. 301.\1\ SHORT TITLE.

    This title may be cited as the ``International Academic 
Opportunity Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2462 note.
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SEC. 302.\1\ STATEMENT OF PURPOSE.

    It is the purpose of this title to establish an 
undergraduate grant program for students of limited financial 
means from the United States to enable such students to study 
abroad. Such foreign study is intended to broaden the outlook 
and better prepare such students of demonstrated financial need 
to assume significant roles in the increasingly global economy.

SEC. 303.\2\ ESTABLISHMENT OF GRANT PROGRAM FOR FOREIGN STUDY BY 
                    AMERICAN COLLEGE STUDENTS OF LIMITED FINANCIAL 
                    MEANS.

    (a) Establishment.--Subject to the availability of 
appropriations and under the authorities of the Mutual 
Educational and Cultural Exchange Act of 1961, the Secretary of 
State shall establish and carry out a program in each fiscal 
year to award grants of up to $5,000, to individuals who meet 
the requirements of subsection (b), toward the cost of up to 
one academic year of undergraduate study abroad. Grants under 
this Act shall be known as the ``Benjamin A. Gilman 
International Scholarships''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2462 and note.
---------------------------------------------------------------------------
    (b) Eligibility.--An individual referred to in subsection 
(a) is an individual who--
          (1) is a student in good standing at an institution 
        of higher education in the United States (as defined in 
        section 101(a) of the Higher Education Act of 1965);
          (2) has been accepted for up to one academic year of 
        study on a program of study abroad approved for credit 
        by the student's home institution;
          (3) is receiving any need-based student assistance 
        under title IV of the Higher Education Act of 1965; and
          (4) is a citizen or national of the United States.
    (c) Application and Selection.--
          (1) Grant application and selection shall be carried 
        out through accredited institutions of higher education 
        in the United States or a combination of such 
        institutions under such procedures as are established 
        by the Secretary of State.
          (2) In considering applications for grants under this 
        section--
                  (A) consideration of financial need shall 
                include the increased costs of study abroad; 
                and
                  (B) priority consideration shall be given to 
                applicants who are receiving Federal Pell 
                Grants under title IV of the Higher Education 
                Act of 1965.

SEC. 304.\1\ REPORT TO CONGRESS.

    The Secretary of State shall report annually to the 
Congress concerning the grant program established under this 
title. Each such report shall include the following information 
for the preceding year:
          (1) The number of participants.
          (2) The institutions of higher education in the 
        United States that participants attended.
          (3) The institutions of higher education outside the 
        United States participants attended during their study 
        abroad.
          (4) The areas of study of participants.

SEC. 305.\1\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $1,500,000 for each 
fiscal year to carry out this title.

SEC. 306.\1\ EFFECTIVE DATE.

    This title shall take effect October 1, 2000.
         c. Russian Leadership Development--Legislative Branch

 Partial text of Public Law 106-554 [Legislative Branch Appropriations 
Act, 2001; H.R. 5657, as enacted by reference in H.R. 4577], 114 Stat. 
             2763 at 2763A-121, approved December 21, 2000

          * * * * * * *

                     TITLE III--GENERAL PROVISIONS

          * * * * * * *
    Sec. 313. Center for Russian Leadership Development.--(a) 
Establishment.--
          (1) In general.--There is established in the 
        legislative branch of the Government a center to be 
        known as the ``Center for Russian Leadership 
        Development'' (the ``Center'').
          (2) Board of trustees.--The Center shall be subject 
        to the supervision and direction of a Board of Trustees 
        which shall be composed of nine members as follows:
                  (A) Two members appointed by the Speaker of 
                the House of Representatives, one of whom shall 
                be designated by the Majority Leader of the 
                House of Representatives and one of whom shall 
                be designated by the Minority Leader of the 
                House of Representatives.
                  (B) Two members appointed by the President 
                pro tempore of the Senate, one of whom shall be 
                designated by the Majority Leader of the Senate 
                and one of whom shall be designated by the 
                Minority Leader of the Senate.
                  (C) The Librarian of Congress.
                  (D) Four private individuals with interests 
                in improving United States and Russian 
                relations, designated by the Librarian of 
                Congress.
        Each member appointed under this paragraph shall serve 
        for a term of 3 years. Any vacancy shall be filled in 
        the same manner as the original appointment and the 
        individual so appointed shall serve for the remainder 
        of the term. Members of the Board shall serve without 
        pay, but shall be entitled to reimbursement for travel, 
        subsistence, and other necessary expenses incurred in 
        the performance of their duties.
    (b) Purpose and Authority of the Center.--
          (1) Purpose.--The purpose of the Center is to 
        establish, in accordance with the provisions of 
        paragraph (2), a program to enable emerging political 
        leaders of Russia at all levels of government to gain 
        significant, firsthand exposure to the American free 
        market economic system and the operation of American 
        democratic institutions through visits to governments 
        and communities at comparable levels in the United 
        States.
          (2) Grant program.--Subject to the provisions of 
        paragraphs (3) and (4), the Center shall establish a 
        program under which the Center annually awards grants 
        to government or community organizations in the United 
        States that seek to establish programs under which 
        those organizations will host Russian nationals who are 
        emerging political leaders at any level of government.
          (3) Restrictions.--
                  (A) Duration.--The period of stay in the 
                United States for any individual supported with 
                grant funds under the program shall not exceed 
                30 days.
                  (B) Limitation.--The number of individuals 
                supported with grant funds under the program 
                shall not exceed 3,000 in any fiscal year.
                  (C) Use of funds.--Grant funds under the 
                program shall be used to pay--
                          (i) the costs and expenses incurred 
                        by each program participant in 
                        traveling between Russia and the United 
                        States and in traveling within the 
                        United States;
                          (ii) the costs of providing lodging 
                        in the United States to each program 
                        participant, whether in public 
                        accommodations or in private homes; and
                          (iii) such additional administrative 
                        expenses incurred by organizations in 
                        carrying out the program as the Center 
                        may prescribe.
          (4) Application.--
                  (A) In general.--Each organization in the 
                United States desiring a grant under this 
                section shall submit an application to the 
                Center at such time, in such manner, and 
                accompanied by such information as the Center 
                may reasonably require.
                  (B) Contents.--Each application submitted 
                pursuant to subparagraph (A) shall--
                          (i) describe the activities for which 
                        assistance under this section is 
                        sought;
                          (ii) include the number of program 
                        participants to be supported;
                          (iii) describe the qualifications of 
                        the individuals who will be 
                        participating in the program; and
                          (iv) provide such additional 
                        assurances as the Center determines to 
                        be essential to ensure compliance with 
                        the requirements of this section.
    (c) Establishment of Fund.--
          (1) In general.--There is established in the Treasury 
        of the United States a trust fund to be known as the 
        ``Russian Leadership Development Center Trust Fund'' 
        (the ``Fund'') which shall consist of amounts which may 
        be appropriated, credited, or transferred to it under 
        this section.
          (2) Donations.--Any money or other property donated, 
        bequeathed, or devised to the Center under the 
        authority of this section shall be credited to the 
        Fund.
          (3) Fund management.--
                  (A) In general.--The provisions of 
                subsections (b), (c), and (d) of section 116 of 
                the Legislative Branch Appropriations Act, 1989 
                (2 U.S.C. 1105 (b), (c), and (d)), and the 
                provisions of section 117(b) of such Act (2 
                U.S.C. 1106(b)), shall apply to the Fund.
                  (B) Expenditures.--The Secretary of the 
                Treasury is authorized to pay to the Center 
                from amounts in the Fund such sums as the Board 
                of Trustees of the Center determines are 
                necessary and appropriate to enable the Center 
                to carry out the provisions of this section.
    (d) Executive Director.--The Board shall appoint an 
Executive Director who shall be the chief executive officer of 
the Center and who shall carry out the functions of the Center 
subject to the supervision and direction of the Board of 
Trustees. The Executive Director of the Center shall be 
compensated at the annual rate specified by the Board, but in 
no event shall such rate exceed level III of the Executive 
Schedule under section 5314 of title 5, United States Code.
    (e) Administrative Provisions.--
          (1) In general.--The provisions of section 119 of the 
        Legislative Branch Appropriations Act, 1989 (2 U.S.C. 
        1108) shall apply to the Center.
          (2) Support provided by library of congress.--The 
        Library of Congress may disburse funds appropriated to 
        the Center, compute and disburse the basic pay for all 
        personnel of the Center, provide administrative, legal, 
        financial management, and other appropriate services to 
        the Center, and collect from the Fund the full costs of 
        providing services under this paragraph, as provided 
        under an agreement for services ordered under sections 
        1535 and 1536 of title 31, United States Code.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section.
    (g) Transfer of Funds.--Any amounts appropriated for use in 
the program established under section 3011 of the 1999 
Emergency Supplemental Appropriations Act (Public Law 106-31; 
113 Stat. 93) \1\ shall be transferred to the Fund and shall 
remain available without fiscal year limitation.
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    \1\ See page 1377 for text, and notes.
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    (h) Effective Dates.--
          (1) In general.--This section shall take effect on 
        the date of enactment of this Act.
          (2) Transfer.--Subsection (g) shall only apply to 
        amounts which remain unexpended on and after the date 
        the Board of Trustees of the Center certifies to the 
        Librarian of Congress that grants are ready to be made 
        under the program established under this section.
          * * * * * * *
           d. Russian Leadership Program--Library of Congress

    Partial text of Public Law 106-31 [1999 Emergency Supplemental 
  Appropriations Act; H.R. 1141], 113 Stat 57 at 93, approved May 21, 
    1999; amended by Public Law 106-113 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 2000; H.R. 3422, 
      enacted by reference in sec. 1000(a)(2) of the Consolidated 
 Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, 
  approved November 29, 1999; and by Public Law 106-554 [Legislative 
Branch Appropriations Act, 2001; H.R. 5657, introduced on December 14, 
2000, as enacted in sec. 1(a)(2) of the Consolidated Appropriations Act 
for Fiscal Year 2001; H.R. 4577], 114 Stat. 2763, approved December 21, 
                                  2000

AN ACT Making emergency supplemental appropriations for the fiscal year 
           ending September 30, 1999, and for other purposes.

          * * * * * * *

                 TITLE III--SUPPLEMENTAL APPROPRIATIONS

          * * * * * * *

                               CHAPTER 6

                        CONGRESSIONAL OPERATIONS

          * * * * * * *

                ADMINISTRATIVE PROVISIONS--THIS CHAPTER

          * * * * * * *
    Sec. 3011.\1\ Russian Leadership Program.--(a) Purpose.--It 
is the purpose of this section to establish, in accordance with 
the provisions of this section--
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    \1\ 22 U.S.C. 2452a note. See also sec. 313 of the Legislative 
Branch Appropriations Act, 2001 (H.R. 5657, introduced on December 14, 
2000, as enacted in sec. 1(a)(2) of Public Law 106-554; 114 Stat. 
2763), which establishes a Russian Leadership Program in the 
legislative branch.
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          (1) a pilot program within the Library of Congress 
        for fiscal years 2000 and 2001; \2\ and
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    \2\ Sec. 585(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
struck out ``fiscal year 1999'' and inserted in lieu thereof ``fiscal 
years 1999 and 2000'' in subsecs. (a)(1), (b)(4)(B), (d)(3), and 
(h)(1)(A). Sec. 310(1) of the Legislative Branch Appropriations Act, 
2001 (H.R. 5657, introduced on December 14, 2000, as enacted in sec. 
1(a)(2) of Public Law 106-554; 114 Stat. 2763), struck out ``fiscal 
years 1999 and 2000'' and inserted in lieu thereof ``fiscal years 2000 
and 2001'' in the same subsections.
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          (2) a permanent program within the Executive agency 
        designated by the President of the United States for 
        fiscal years 2002 \3\ and thereafter,
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    \3\ Sec. 585(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
struck out ``2000'' and inserted in lieu thereof ``2001'' in subsecs. 
(a)(2), (e)(1), and (h)(1)(B). Sec. 310(2) of the Legislative Branch 
Appropriations Act, 2001 (H.R. 5657, introduced on December 14, 2000, 
as enacted in sec. 1(a)(2) of Public Law 106-554; 114 Stat. 2763), 
struck out ``2001'' and inserted in lieu thereof ``2002'' in the same 
subsections.
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to enable emerging political leaders of Russia at all levels of 
government to gain significant, firsthand exposure to the 
American free market economic system and the operation of 
American democratic institutions through visits to governments 
and communities at comparable levels in the United States.
    (b) Grants.--
          (1) In general.--The head of the administering agency 
        shall annually award grants to government or community 
        organizations in the United States that seek to 
        establish programs under which those organizations will 
        host eligible Russians for the purpose described in 
        subsection (a).
          (2) Duration.--The period of stay in the United 
        States for any eligible Russian supported with grant 
        funds under this section shall not exceed 30 days.
          (3) Limitation.--The number of eligible Russians 
        supported with grant funds under this section shall not 
        exceed 3,000 in any fiscal year.
          (4) Administration.--
                  (A) In general.--Subject to the availability 
                of appropriations, the head of the 
                administering agency--
                          (i) may contract with nongovernmental 
                        organizations having expertise in 
                        carrying out the activities described 
                        in subsection (a) for the purpose of 
                        carrying out the administrative 
                        functions of the program (other than 
                        the awarding of grants); and
                          (ii) may, without regard to the civil 
                        service laws and regulations (or, in 
                        the case of the Librarian of Congress, 
                        any requirement for competition in 
                        hiring), appoint and terminate an 
                        executive director and such other 
                        additional personnel as may be 
                        necessary to enable the administering 
                        agency to perform its duties under this 
                        section.
                  (B) Waiver of competitive bidding.--The 
                Librarian of Congress, after consultation with 
                the Joint Committee on the Library of Congress, 
                may enter into contracts under subparagraph 
                (A)(i) to carry out the pilot program during 
                fiscal years 2000 and 2001 \2\ without regard 
                to section 3709 of the Revised Statutes or any 
                other requirement for competitive contracting 
                or the providing of notice of contracting 
                opportunities.
    (c) Use of Funds.--Grants awarded under subsection (b) 
shall be used to pay--
          (1) the costs and expenses incurred by each program 
        participant in traveling between Russia and the United 
        States and in traveling within the United States;
          (2) the costs of providing lodging in the United 
        States to each program participant, whether in public 
        accommodations or in private homes; and
          (3) such additional administrative expenses incurred 
        by organizations in carrying out the program as the 
        head of the administering agency may prescribe.
    (d) Application.--
          (1) In General.--Each organization in the United 
        States desiring a grant under this section shall submit 
        an application to the head of the administering agency 
        at such time, in such manner, and accompanied by such 
        information as such head may reasonably require.
          (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                  (A) describe the activities for which 
                assistance under this section is sought;
                  (B) include the number of program 
                participants to be supported;
                  (C) describe the qualifications of the 
                individuals who will be participating in the 
                program; and
                  (D) provide such additional assurances as the 
                head of the administering agency determines to 
                be essential to ensure compliance with the 
                requirements of this section.
          (3) Waiver.--The Librarian of Congress may waive the 
        requirement of this subsection in carrying out the 
        pilot program during fiscal years 2000 and 2001.\2\
    (e) Advisory Board.--
          (1) In general.--There is established a Russian 
        Leadership Program Advisory Board which shall advise 
        the head of the administering agency as to the carrying 
        out of the permanent program during fiscal years 2002 
        \3\ and thereafter.
          (2) Membership.--The Advisory Board under paragraph 
        (1) shall consist of--
                  (A) two members appointed by the Speaker of 
                the House of Representatives, of whom one shall 
                be designated by the Majority Leader of the 
                House of Representatives and one shall be 
                designated by the Minority Leader of the House 
                of Representatives;
                  (B) two members appointed by the President 
                pro tempore of the Senate, of whom one shall be 
                designated by the Majority Leader of the Senate 
                and one shall be designated by the Minority 
                Leader of the Senate;
                  (C) the Librarian of Congress;
                  (D) a private individual with expertise in 
                international exchange programs, designated by 
                the Librarian of Congress; and
                  (E) an officer or employee of the 
                administering agency, designated by the head of 
                the administering agency.
          (3) Terms.--Each member appointed under paragraph (2) 
        shall serve for a term of 3 years. Any vacancy shall be 
        filled in the same manner as the original appointment 
        and the individual so appointed shall serve for the 
        remainder of the term.
    (f) Reporting.--The head of the administering agency shall, 
not later than 3 months following the close of each fiscal year 
for which such agency administered the program, report to 
Congress with respect to the conduct of such program during 
such fiscal year. Such report shall include information with 
respect to the number of participants in the program and the 
cost of the program, and any recommendations on improvements 
necessary to enable the program to carry out the purposes of 
this section.
    (g) Funding.--
          (1) Fiscal year 1999.--
                  (A) In general.--Of funds made available 
                under the heading ``SENATE'' under title I of 
                the Legislative Appropriations Act, 1999 
                (Public Law 105-275; 112 Stat. 2430 et seq.), 
                $10,000,000 shall be made available, subject to 
                the approval of the Committee on Appropriations 
                of the Senate, to the administering agency to 
                carry out the program.
                  (B) Use of funds at close of fiscal year.--
                Funds made available under this paragraph which 
                are unexpended and unobligated as of the close 
                of fiscal year 1999 shall no longer be 
                available for such purpose and shall be 
                available for the purpose originally 
                appropriated.
          (2) \4\ Fiscal year 2000 and subsequent fiscal 
        years.--
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    \4\ Title II of the Legislative Branch Appropriations Act, 2001 
((H.R. 5657, introduced on December 14, 2000, as enacted in sec. 
1(a)(2) of Public Law 106-554; 114 Stat. 2763), provided: ``That of the 
total amount appropriated, $10,000,000 is to remain available until 
expended for salaries and expenses to carry out the Russian Leadership 
Program enacted on May 21, 1999 (113 Stat. 93 et seq.)''.
---------------------------------------------------------------------------
                  (A) Authorization of appropriations.--There 
                are authorized to be appropriated to the 
                administering agency for fiscal years 2000 and 
                thereafter such sums as may be necessary to 
                carry out the program.
                  (B) Availability of funds.--Amounts 
                appropriated pursuant to subparagraph (A) are 
                authorized to remain available until expended.
    (h) Definitions.--In this section:
          (1) Administering agency.--The term ``administering 
        agency'' means--
                  (A) for fiscal years 2000 and 2001,\2\ the 
                Library of Congress; and
                  (B) for fiscal year 2002,\3\ and subsequent 
                fiscal years, the Executive agency designated 
                by the President of the United States under 
                subsection (a)(2).
          (2) Eligible russian.--The term ``eligible Russian'' 
        means a Russian national who is an emerging political 
        leader at any level of government.
          (3) Program.--The term ``program'' means the grant 
        program established under this section.
          (4) Program participant.--The term ``program 
        participant'' means an eligible Russian selected for 
        participation in the program.
          * * * * * * *
 e. Exchange Program With Countries in Transition From Totalitarianism 
                              to Democracy

Partial text of Public Law 101-610 [National and Community Service Act 
of 1990, S. 1430], 104 Stat. 3127 at 3186, approved November 16, 1990; 
amended by Public Law 105-277 [Foreign Affairs Reform and Restructuring 
 Act of 1998; H.R. 4328], 112 Stat. 2681 at 2681-761, approved October 
                                21, 1998

    AN ACT To enhance national and community service, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
and Community Service Act of 1990''.
          * * * * * * *

                   TITLE VI--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 602. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM 
                    TOTALITARIANISM TO DEMOCRACY.

    (a) \1\ Authorization of Activities; Grants or Contracts 
for Exchanges With Foreign Countries.--Pursuant to the Mutual 
Educational and Cultural Exchange Act of 1961 and using the 
authorities contained therein, the President is authorized, 
when the President considers that it would strengthen 
international cooperative relations, to provide, by grant, 
contract, or otherwise, for exchanges with countries that are 
in transition from totalitarianism to democracy, which include, 
but are not limited to Poland, Hungary, Czechoslovakia, 
Bulgaria, and Romania--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2452a.
---------------------------------------------------------------------------
          (1) by financing studies, research, instruction, and 
        related activities--
                  (A) of or for American citizens and nationals 
                in foreign countries; and
                  (B) of or for citizens and nationals of 
                foreign countries in American private 
                businesses, trade associations, unions, 
                chambers of commerce, and local, State, and 
                Federal Government agencies, located in or 
                outside the United States; and
          (2) by financing visits and interchanges between the 
        United States and countries in transition from 
        totalitarianism to democracy.
The program under this section shall be coordinated by the 
Department of State.\2\
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    \2\ Sec. 1335(c)(1) of the Foreign Affairs Reform and Restructuring 
Act of 1998 (division G of Public Law 105-277; 112 Stat. 2681-787) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Department of State''.
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    (b) Transfer of Funds.--The President is authorized to 
transfer to the appropriate appropriations account of the 
Department of State \3\ such sums as the President shall 
determine to be necessary out of the travel accounts of the 
departments and agencies of the United States, except for the 
Department of State ,\4\ as the President shall designate. Such 
transfers shall be subject to the approval of the Committee on 
Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate. In addition, the 
President is authorized to accept such gifts or cost-sharing 
arrangements as may be proffered to sustain the program under 
this section.
---------------------------------------------------------------------------
    \3\ Sec. 1335(c)(2)(A) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-787) struck out ``appropriations account of the United States 
Information Agency'' and inserted in lieu thereof ``appropriate 
appropriations account of the Department of State''.
    \4\ Sec. 1335(c)(2)(B) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681-787) struck out ``and the United States Information Agency''.
 f. Administration of the Mutual Educational and Cultural Exchange Act 
                                of 1961

  Executive Order 11034, June 25, 1962, 27 F.R. 6071, 22 U.S.C. 2454 
  note, 3 CFR, 1959-1963 Comp., p. 614; as amended by Executive Order 
 11380, November 8, 1967, 32 F.R. 15627, 3 CFR, 1966-70 Comp., p. 689; 
    Executive Order 12292, February 23, 1981, 46 F.R. 13967; and by 
        Executive Order 12608, September 9, 1987, 52 F.R. 34617

 Administration of the Mutual Educational and Cultural Exchange Act of 
                                  1961

    By virtue of the authority vested in me by the Mutual 
Educational and Cultural Exchange Act of 1961 (Public Law 87-
256; 75 Stat. 527; hereinafter referred to as the Act), and as 
President of the United States, I find that the delegations set 
forth in this order are in the interest of the purposes 
expressed in the said Act and the efficient administration of 
the programs undertaken pursuant to that Act and determine that 
the delegates specified in the order are appropriate and I 
hereby order as follows:
    Section 1. Department of State. (a) The following functions 
conferred upon the President by the Act are hereby delegated to 
the Secretary of State:
    (1) The functions so conferred by Sections 102(a)(1), 
102(a)(2)(i), (ii) and (iv), 102(b)(3), (5) and (9), 103, 
104(e)(3), and 105(d)(1) and (e) of the Act.
    (2) The functions so conferred by Sections 102(a)(2)(iii) 
and (b)(1), (2), (4), (7), and (8) of the Act (the provisions 
of Section 2(a) of this order notwithstanding).
    (3) The functions so conferred by Section 102(a)(3) of the 
Act to the extent that they pertain to liquidation of affairs 
respecting the Universal and International Exhibition of 
Brussels, 1958.
    (4) The functions so conferred by Sections 104(d) and 
(e)(4) and 108(c) and (d) of the Act to the extent that they 
pertain to the functions delegated by the foregoing provisions 
of this section.
    (5) The functions so conferred by Section 104(e)(1) of the 
Act of prescribing rates for per diem in lieu of subsistence; 
but in carrying out the said function as it relates to 
functions herein delegated to the Director of the United States 
Information Agency or the Secretary of Education, the Secretary 
of State shall consult with them.
    (b) The Secretary of State, in collaboration with the 
Director of the United States Information Agency, the Secretary 
of Commerce, and the Secretary of Education, with respect to 
the functions delegated by Sections 2, 3, and 4, respectively, 
of this order, shall prepare and transmit to the President the 
reports which the President is required to submit to the 
Congress by Section 108(b) of the Act, excluding, however, the 
reports for which the Director of the United States Information 
Agency is responsible under section 2(b) of this order.\1\
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    \1\ Executive Order No. 11380 (November 8, 1967; 32 F.R. 15627) 
changed the period following the words ``of the Act'' to a comma and 
added all the words following thereafter.
---------------------------------------------------------------------------
    (c) With respect to the carrying out of functions under 
Section 102(a)(2)(ii) of the Act hereinabove delegated to the 
Secretary of State, the Director of the United States 
Information Agency shall participate in the planning of 
cultural and other attractions. Such participation shall 
include consultation in connection with (1) the selection and 
scheduling of such attractions, and (2) the designation of the 
areas where the attractions will be presented.
    Sec. 2. United States Information Agency. (a) \2\ Subject 
to the provisions of Section 6 of this order, the following 
functions conferred upon the President by the Act are hereby 
delegated to the Director of the United States Information 
Agency:
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    \2\ Executive Order No. 11380 inserted the subsection designation 
(a).
---------------------------------------------------------------------------
    (1) \3\ The functions so conferred by Sections 
102(a)(2)(iii) and (b)(1); Section 102(b)(2) to the extent that 
it authorizes the type of centers now supported by the United 
States Information Agency abroad and designated as binational, 
community, or student centers; Section 102(b)(4) exclusive of 
professorships and lectureships; and Sections 102(b)(7) and (8) 
of the Act; all of the foregoing notwithstanding the provisions 
of Section 1(a)(2) of this order.
---------------------------------------------------------------------------
    \3\ Executive Order No. 11380 changed the former designation of 
subsecs. (a), (b), (c), and (d) to (1), (2), (3), and (4).
---------------------------------------------------------------------------
    (2) \3\ The functions so conferred by Section 104(e)(4) of 
the Act (the provisions of Section 1(a)(4) and 3(b) of this 
order notwithstanding).
    (3) \3\ The functions so conferred by Section 102(a)(3) of 
the Act to the extent that they are in respect of fairs, 
expositions, and demonstrations held outside of the United 
States, but exclusive of the functions delegated by the 
provisions of Section 1(a)(3) of this order.
    (4) \3\ The functions so conferred by Sections 104(d) and 
108(c) and (d) of the Act to the extent that they pertain to 
the functions delegated by the foregoing provisions of this 
section.
    (b) \4\ The Director of the United States Information 
Agency shall prepare and transmit to the President the reports 
which the President is required to submit to the Congress by 
section 108(b) of the Act to the extent that they are with 
respect to activities carried out by the United States 
Information Agency pursuant to section 102(a)(2)(iii) and 
section 102(a)(3) of the Act.
---------------------------------------------------------------------------
    \4\ Subsec. (b) was added by Executive Order No. 11380 (November 8, 
1967; 32 F.R. 15627).
---------------------------------------------------------------------------
    Sec. 3. Department of Commerce. Subject to the provisions 
of Section 6 of this order, the following functions conferred 
upon the President by the Act are hereby delegated to the 
Secretary of Commerce:
    (a) The functions so conferred by Section 102(a)(3) of the 
Act to the extent that they are in respect of fairs, 
expositions, and demonstrations held in the United States.
    (b) The functions so conferred by Sections 104(e)(4) and 
108(c) of the Act to the extent that they pertain to the 
functions delegated by the foregoing provisions of this 
section.
    Sec. 4. Department of Education. Subject to the provisions 
of Section 6 of this order, the functions conferred upon the 
President by Section 102(b)(6) of the Act are hereby delegated 
to the Secretary of Education.
    Sec. 5. Certain incidental matters. (a) In respect of 
functions hereinabove delegated to them, there is hereby 
delegated to the Secretary of State, the Director of the United 
States Information Agency, the Secretary of Commerce, and the 
Secretary of Education, respectively:
          (1) The authority conferred upon the President by 
        Sections 105 (d)(2) and (f) and 106 (d) and (f) of the 
        Act.
          (2) Subject to the provisions of Section 5(b) and (c) 
        of this order, the authority conferred upon the 
        President by Section 104(b) of the Act to employ 
        personnel.
    (b) The employment, by any department or other executive 
agency under Section 5(a)(2) of this order, of any of the not 
to exceed ten persons who may be compensated without regard to 
the Classification Act of 1949 under Section 104(b) of the Act 
shall require prior authorization by the Secretary of State 
concurred in by the Director of the Office of Management and 
Budget.
    (c) Persons employed or assigned by a department or other 
executive agency for the purpose of performing functions under 
the Act outside the United States shall be entitled, except in 
cases in which the period of employment or assignment exceeds 
thirty months, to the same benefits as are provided by Section 
310 of the Foreign Service Act of 1980 (22 U.S.C. 4085).\5\ In 
cases in which the period of employment or assignment exceeds 
thirty months, persons so employed or assigned shall be 
entitled to such benefits if agreed by the agency in which such 
benefits may be exercised.
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    \5\ This reference to sec. 310 of the Foreign Service Act of 1980 
was substituted in lieu of a reference to sec. 528 of the Foreign 
Service Act of 1946 ``for persons appointed to the Foreign Service 
Reserve'' by sec. 5 of Executive Order 12292 (February 23, 1981; 46 
F.R. 13967).
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    (d) Pursuant to Section 104(f) of the Act, Executive Order 
No. 10450 of April 27, 1953 (18 F.R. 2489) is hereby 
established as the standards and procedures for the employment 
or assignment to duties of persons under the Act.
    (e) Any officer to whom functions vested in the President 
by the Act are hereinabove delegated may (1) allocate to any 
other officer of the executive branch of the Government any 
funds appropriated or otherwise made available for the 
functions so delegated to him as he may deem appropriate for 
the best carrying out of the functions and (2) make available, 
for use in connection with any funds so allocated by him, any 
authority he has under this order.
    Sec. 6. Policy guidance. In order to assure appropriate 
coordination of programs and taking into account the statutory 
functions of the departments and other executive agencies 
concerned, the Secretary of State shall exercise primary 
responsibility for Government-wide leadership and policy 
guidance with regard to international educational and cultural 
affairs.
    Sec. 7. Functions reserved to the President. (a) There are 
hereby excluded from the functions delegated by the provisions 
of this order the functions conferred upon the President with 
respect to (1) the delegation of powers under Section 104(a) of 
the Act, (2) the establishment of standards and procedures for 
the investigation of personnel under Section 104(f) of the Act, 
(3) the transfer of appropriations under Section 105(c) of the 
Act, (4) the appointment of members of the Board of Foreign 
Scholarships under Section 106(a)(1) of the Act, (5) the 
appointment of members, the designation of a chairman, and the 
receipt of recommendations of the United States Advisory 
Commission on International Educational and Cultural Affairs 
under Section 106(b) of the Act, (6) the waiver of provisions 
of law or limitations of authority under Section 108(a) of the 
Act, and (7) the submission of annual reports to the Congress 
under Section 108(b) of the Act.
    (b) Notwithstanding the delegations made by this order, the 
President may in his discretion exercise any function 
comprehended by such delegations.
    Sec. 8. Waivers. (a) It is hereby determined that the 
performance by any department or other executive agency of 
functions authorized by Sections 102(a)(2) and 102(a)(3) of the 
Act (22 U.S.C. 2452(a)(2) and (3)) without regard to 
prohibitions and limitations of authority contained in the 
following specified provisions of law is in furtherance of the 
purposes of the Act:
          (1) Section 15 of the Administrative Expenses Act of 
        1946 (c. 744, August 2, 1946; 60 Stat. 810), as amended 
        (5 U.S.C. 3109) (experts and consultants); but the 
        compensation paid individuals in pursuance of this 
        paragraph shall not exceed the rate of $100.00 per 
        diem.
          (2) Section 16(a) of the Administrative Expenses Act 
        of 1946 (c. 744, August 2, 1946; 60 Stat. 810; 31 
        U.S.C. 638a) to the extent that it pertains to hiring 
        automobiles and aircraft.
          (3) Section 3648 of the Revised Statutes, as amended 
        (31 U.S.C. 529) (advance of funds).
          (4) Section 322 of the Act of June 30, 1932, c. 314, 
        47 Stat. 412 (40 U.S.C. 278a) (maximum charges).
          (5) Section 3709 of the Revised Statutes, as amended 
        (41 U.S.C. 5) (competitive bids).
          (6) Section 3710 of the Revised Statutes (41 U.S.C. 
        8) (opening of bids).
          (7) Section 2 of the Act of March 3, 1933, c. 212, 47 
        Stat. 1520 (41 U.S.C. 10a) (Buy American Act).
          (8) Section 3735 of the Revised Statutes (41 U.S.C. 
        13) (contracts limited to one year).
          (9) Sections 302-305 of the Federal Property and 
        Administrative Services Act of 1949 (June 30, 1949, c. 
        288, 63 Stat. 393 et seq.), as amended (41 U.S.C. 252-
        255) (competitive bids; negotiated contracts; 
        advances).
          (10) Section 87 of the Act of January 12, 1895, c. 
        23, 28 Stat. 622, and the second proviso of Section 11 
        of the Act of March 1, 1919, c. 86, 40 Stat. 1270, as 
        amended (44 U.S.C. 111) to the extent that they pertain 
        to printing by the Government Printing Office.
          (11) Section 1 of the Act of June 20, 1878, c. 359, 
        20 Stat. 216, as amended (44 U.S.C. 322) (advertising).
          (12) Section 3828 of the Revised Statutes (44 U.S.C. 
        324) (advertising).
          (13) Section 901(a) of the Merchant Marine Act, 1936 
        (June 29, 1936, c. 858, 49 Stat. 2015, as amended; 46 
        U.S.C. 1241(a)) (official travel overseas of United 
        States officers and employees, and transportation of 
        their personal effects, on ships registered under the 
        laws of the United States).
          (14) Any provision of law or limitation of authority 
        to the extent that such provision or limitation would 
        limit or prohibit construction of buildings by the 
        United States on property not owned by it.
          (15) \6\ Any provision of law or limitation of 
        authority to the extent that such provision or 
        limitation would limit or prohibit (i) receipt of 
        admission fees or payments under contracts through 
        advances or otherwise, for concessions, services, 
        space, or other consideration, and the credit of such 
        receipts to the applicable appropriation, and (ii) 
        rental or lease for periods not exceeding ten years of 
        buildings and grounds.
---------------------------------------------------------------------------
    \6\ Subparagraph (15) was added by Executive Order 11380 (November 
8, 1967; 32 F.R. 15627).
---------------------------------------------------------------------------
    (b) It is directed (1) that all waivers of statutes and 
limitations of authority effected by the foregoing provisions 
of this section shall be utilized in a prudent manner and as 
sparingly as may be practical, and (2) that suitable steps 
should be taken by the administrative agencies concerned to 
insure that result, including, as may be appropriate, the 
imposition of administrative limitations in lieu of waived 
statutory requirements and limitations of authority.
    Sec. 9. Definition. As used in this order, the word 
``function'' or ``functions'' includes any duty, obligation, 
power, authority, responsibility, right, privilege, discretion, 
or activity.
    Sec. 10. References to orders and acts. Except as may for 
any reason be inappropriate:
    (a) References in this order to the Act or any provision of 
the Act shall be deemed to include references thereto as 
amended from time to time.
    (b) References in this order to any prior Executive order 
not superseded by this order shall be deemed to include 
references thereto as amended from time to time.
    (c) \7\ References in this order shall be deemed to include 
references thereto as amended from time to time.
---------------------------------------------------------------------------
    \7\ Subsec. (c) was added by Executive Order 11380 (November 8, 
1967; 32 F.R. 15627).
---------------------------------------------------------------------------
    Sec. 11. Prior directives and actions. (a) This order 
supersedes Executive Order No. 10716 of June 17, 1957, and 
Executive Order No. 10912 of January 18, 1961. Except to the 
extent that they may be inconsistent with law or with this 
order, other directives, regulations, and actions relating to 
the functions delegated by this order and in force immediately 
prior to the issuance of this order shall remain in effect 
until amended, modified, or revoked by appropriate authority.
    (b) This order shall neither limit nor be limited by 
Executive Order No. 11014 of April 17, 1962.
    (c) To the extent not heretofore superseded, there are 
hereby superseded the provisions of the letters of the 
President to the Director of the United States Information 
Agency dated August 16, 1955, and August 21, 1956 (22 F.R. 101-
103).
    Sec. 12. Effective date. The provisions of this order shall 
be effective immediately.
              3. Vietnam Education Foundation Act of 2000

 Partial text of Public Law 106-554 [Miscellaneous Appropriations Act, 
2001; H.R. 5666, enacted by reference in H.R. 4577], 114 Stat. 2763 at 
                 2763A-254, approved December 21, 2000

          * * * * * * *

         TITLE II--VIETNAM EDUCATION FOUNDATION ACT OF 2000 \1\

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Vietnam Education 
Foundation Act of 2000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------

SEC. 202. PURPOSES.

    The purposes of this title are the following:
          (1) To establish an international fellowship program 
        under which--
                  (A) Vietnamese nationals can undertake 
                graduate and post-graduate level studies in the 
                sciences (natural, physical, and 
                environmental), mathematics, medicine, and 
                technology (including information technology); 
                and
                  (B) United States citizens can teach in the 
                fields specified in subparagraph (A) in 
                appropriate Vietnamese institutions.
          (2) To further the process of reconciliation between 
        the United States and Vietnam and the building of a 
        bilateral relationship serving the interests of both 
        countries.

SEC. 203. DEFINITIONS.

    In this title:
          (1) Board.--The term ``Board'' means the Board of 
        Directors of the Foundation.
          (2) Foundation.--The term ``Foundation'' means the 
        Vietnam Education Foundation established in section 
        204.
          (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given the term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
          (4) United states-vietnam debt agreement.--The term 
        ``United States-Vietnam debt agreement'' means the 
        Agreement Between the Government of the United States 
        of America and the Government of the Socialist Republic 
        of Vietnam Regarding the Consolidation and Rescheduling 
        of Certain Debts Owed to, Guaranteed by, or Insured by 
        the United States Government and the Agency for 
        International Development, dated April 7, 1997.

SEC. 204. ESTABLISHMENT.

    There is established the Vietnam Education Foundation as an 
independent establishment of the executive branch under section 
104 of title 5, United States Code.

SEC. 205. BOARD OF DIRECTORS.

    (a) In General.--The Foundation shall be subject to the 
supervision and direction of the Board of Directors, which 
shall consist of 13 members, as follows:
          (1) Two members of the House of Representatives 
        appointed by the Speaker of the House of 
        Representatives, one of whom shall be appointed upon 
        the recommendation of the Majority Leader and one of 
        whom shall be appointed upon the recommendation of the 
        Minority Leader, and who shall serve as ex officio, 
        nonvoting members.
          (2) Two members of the Senate, appointed by the 
        President pro tempore, one of whom shall be appointed 
        upon the recommendation of the Majority Leader and one 
        of whom shall be appointed upon the recommendation of 
        the Minority Leader, and who shall serve as ex officio, 
        nonvoting members.
          (3) Secretary of State.
          (4) Secretary of Education.
          (5) Secretary of Treasury.
          (6) Six members to be appointed by the President from 
        among individuals in the nongovernmental sector who 
        have academic excellence or experience in the fields of 
        concentration specified in section 202(1)(A) or a 
        general knowledge of Vietnam, not less than three of 
        whom shall be drawn from academic life.
    (b) Rotation of Membership.--(1) The term of office of each 
member appointed under subsection (a)(6) shall be 3 years, 
except that of the members initially appointed under that 
subsection, two shall serve for terms of 1 year, two shall 
serve for terms of 2 years, and two shall serve for terms of 3 
years.
    (2) A member of Congress appointed under subsection (a)(1) 
or (2) shall not serve as a member of the Board for more than a 
total of 6 years.
    (c) Chair.--The Board shall elect one of the members 
appointed under subsection (a)(6) to serve as Chair.
    (d) Meetings.--The Board shall meet upon the call of the 
Chair but not less frequently than twice each year. A majority 
of the voting members of the Board shall constitute a quorum.
    (e) Duties.--The Board shall--
          (1) select the individuals who will be eligible to 
        serve as Fellows; and
          (2) provide overall supervision and direction of the 
        Foundation.
    (f) Compensation.--
          (1) In general.--Except as provided in paragraph (2), 
        each member of the Board shall serve without 
        compensation, and members who are officers or employees 
        of the United States shall serve without compensation 
        in addition to that received for their services as 
        officers or employees of the United States.
          (2) Travel expenses.--The members of the Board shall 
        be allowed travel expenses, including per diem in lieu 
        of subsistence, at rates authorized for employees of 
        agencies under subchapter I of chapter 57 of title 5, 
        United States Code, while away from their homes or 
        regular places of business in the performance of 
        service for the Board.

SEC. 206. FELLOWSHIP PROGRAM.

    (a) Award of Fellowships.--
          (1) In general.--To carry out the purposes of this 
        title, the Foundation shall award fellowships to--
                  (A) Vietnamese nationals to study at 
                institutions of higher education in the United 
                States at graduate and post-graduate levels in 
                the following fields: physical sciences, 
                natural sciences, mathematics, environmental 
                sciences, medicine, technology, and computer 
                sciences; and
                  (B) United States citizens to teach in 
                Vietnam in appropriate Vietnamese institutions 
                in the fields of study described in 
                subparagraph (A).
          (2) Special emphasis on scientific and technical 
        vocabulary in english.--Fellowships awarded under 
        paragraph (1) may include funding for the study of 
        scientific and technical vocabulary in English.
    (b) Criteria for Selection.--Fellowships under this title 
shall be awarded to persons who meet the minimum criteria 
established by the Foundation, including the following:
          (1) Vietnamese nationals.--Vietnamese candidates for 
        fellowships shall have basic English proficiency and 
        must have the ability to meet the criteria for 
        admission into graduate or post-graduate programs in 
        United States institutions of higher learning.
          (2) United states citizen teachers.--American 
        teaching candidates shall be highly competent in their 
        fields and be experienced and proficient teachers.
    (c) Implementation.--The Foundation may provide, directly 
or by contract, for the conduct of nationwide competition for 
the purpose of selecting recipients of fellowships awarded 
under this section.
    (d) Authority To Award Fellowships on a Matching Basis.--
The Foundation may require, as a condition of the availability 
of funds for the award of a fellowship under this title, that 
an institution of higher education make available funds for 
such fellowship on a matching basis.
    (e) Fellowship Conditions.--A person awarded a fellowship 
under this title may receive payments authorized under this 
title only during such periods as the Foundation finds that the 
person is maintaining satisfactory proficiency and devoting 
full time to study or teaching, as appropriate, and is not 
engaging in gainful employment other than employment approved 
by the Foundation pursuant to regulations of the Board.
    (f) Funding.--
          (1) Fiscal year 2001.--
                  (A) Authorization of appropriations.--There 
                are authorized to be appropriated to the 
                Foundation $5,000,000 for fiscal year 2001 to 
                carry out the activities of the Foundation.
                  (B) Availability of funds.--Amounts 
                appropriated pursuant to subparagraph (A) are 
                authorized to remain available until expended.
          (2) Fiscal year 2002 and subsequent fiscal years.--
        Effective October 1, 2001, the Foundation shall utilize 
        funds transferred to the Foundation under section 207.

SEC. 207. VIETNAM DEBT REPAYMENT FUND.

    (a) Establishment.--Notwithstanding any other provision of 
law, there is established in the Treasury a separate account 
which shall be known as the Vietnam Debt Repayment Fund (in 
this subsection referred to as the ``Fund'').
    (b) Deposits.--There shall be deposited as offsetting 
receipts into the Fund all payments (including interest 
payments) made by the Socialist Republic of Vietnam under the 
United States-Vietnam debt agreement.
    (c) Availability of the Funds.--
          (1) Fiscal year limitation.--Beginning with fiscal 
        year 2002, and each subsequent fiscal year through 
        fiscal year 2018, $5,000,000 of the amounts deposited 
        into the Fund (or accrued interest) each fiscal year 
        shall be available to the Foundation, without fiscal 
        year limitation, under paragraph (2).
          (2) Disbursement of funds.--The Secretary of the 
        Treasury, at least on a quarterly basis, shall transfer 
        to the Foundation amounts allotted to the Foundation 
        under paragraph (1) for the purpose of carrying out its 
        activities.
          (3) Transfer of excess funds to miscellaneous 
        receipts.--Beginning with fiscal year 2002, and each 
        subsequent fiscal year through fiscal year 2018, the 
        Secretary of the Treasury shall withdraw from the Fund 
        and deposit in the Treasury of the United States as 
        miscellaneous receipts all moneys in the Fund in excess 
        of amounts made available to the Foundation under 
        paragraph (1).
    (d) Annual Report.--The Board shall prepare and submit 
annually to Congress statements of financial condition of the 
Fund, including the beginning balance, receipts, refunds to 
appropriations, transfers to the general fund, and the ending 
balance.

SEC. 208. FOUNDATION PERSONNEL MATTERS.

    (a) Appointment by Board.--There shall be an Executive 
Secretary of the Foundation who shall be appointed by the Board 
without regard to the provisions of title 5, United States 
Code, or any regulation thereunder, governing appointment in 
the competitive service. The Executive Director shall be the 
Chief Executive Officer of the Foundation and shall carry out 
the functions of the Foundation subject to the supervision and 
direction of the Board. The Executive Director shall carry out 
such other functions consistent with the provisions of this 
title as the Board shall prescribe. The decision to employ or 
terminate an Executive Director shall be made by an affirmative 
vote of at least six of the nine voting members of the Board.
    (b) Professional Staff.--The Executive Director shall hire 
Foundation staff on the basis of professional and nonpartisan 
qualifications.
    (c) Experts and Consultants.--The Executive Director may 
procure temporary and intermittent services of experts and 
consultants as are necessary to the extent authorized by 
section 3109 of title 5, United States Code to carry out the 
purposes of the Foundation.
    (d) Compensation.--The Board may fix the compensation of 
the Executive Director and other personnel without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 
of title V, United States Code, relating to classification of 
positions and General Schedule pay rates, except that the rate 
of pay for the Executive Director and other personnel may not 
exceed the rate payable for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 209. ADMINISTRATIVE PROVISIONS.

    (a) In General.--In order to carry out this title, the 
Foundation may--
          (1) prescribe such regulations as it considers 
        necessary governing the manner in which its functions 
        shall be carried out;
          (2) receive money and other property donated, 
        bequeathed, or devised, without condition or 
        restriction other than it be used for the purposes of 
        the Foundation, and to use, sell, or otherwise dispose 
        of such property for the purpose of carrying out its 
        functions;
          (3) accept and use the services of voluntary and 
        noncompensated personnel;
          (4) enter into contracts or other arrangements, or 
        make grants, to carry out the provisions of this title, 
        and enter into such contracts or other arrangements, or 
        make such grants, with the concurrence of a majority of 
        the members of the Board, without performance or other 
        bonds and without regard to section 3709 of the Revised 
        Statutes (41 U.S.C. 5);
          (5) rent office space in the District of Columbia; 
        and
          (6) make other necessary expenditures.
    (b) Annual Report.--The Foundation shall submit to the 
President and to the Committee on Foreign Relations of the 
Senate and the Committee on International Relations of the 
House of Representatives an annual report of its operations 
under this title.

SEC. 210. TERMINATION.

    (a) In General.--The Foundation may not award any new 
fellowship, or extend any existing fellowship, after September 
30, 2016.
    (b) Abolishment.--Effective 120 days after the expiration 
of the last fellowship in effect under this title, the 
Foundation is abolished.
    4. Irish Peace Process Cultural and Training Program Act of 1998

 Public Law 105-319 [H.R. 4293], 112 Stat. 3013, approved October 30, 
                                  1998

   AN ACT To establish a cultural training program for disadvantaged 
             individuals to assist the Irish peace process.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Irish Peace Process Cultural 
and Training Program Act of 1998''.
---------------------------------------------------------------------------
    \1\ 8 U.S.C. 1101 note.
---------------------------------------------------------------------------

SEC. 2. IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM.

    (a) Purpose.--
          (1) In general.--The Secretary of State and the 
        Attorney General shall establish a program to allow 
        young people from disadvantaged areas of designated 
        counties suffering from sectarian violence and high 
        structural unemployment to enter the United States for 
        the purpose of developing job skills and conflict 
        resolution abilities in a diverse, cooperative, 
        peaceful, and prosperous environment, so that those 
        young people can return to their homes better able to 
        contribute toward economic regeneration and the Irish 
        peace process. The program shall promote cross-
        community and cross-border initiatives to build 
        grassroots support for long-term peaceful coexistence. 
        The Secretary of State and the Attorney General shall 
        cooperate with nongovernmental organizations to assist 
        those admitted to participate fully in the economic, 
        social, and cultural life of the United States.
          (2) Scope and duration of program.--
                  (A) In general.--The program under paragraph 
                (1) shall provide for the admission of not more 
                than 4,000 aliens under section 
                101(a)(15)(Q)(ii) of the Immigration and 
                Nationality Act (including spouses and minor 
                children) in each of 3 consecutive program 
                years.
                  (B) Offset in number of h-2b nonimmigrant 
                admissions allowed.--Notwithstanding any other 
                provision of law, for each alien so admitted in 
                a fiscal year, the numerical limitation 
                specified under section 214(g)(1)(B) of the 
                Immigration and Nationality Act shall be 
                reduced by 1 for that fiscal year or the 
                subsequent fiscal year.
          (3) Records and report.--The Immigration and 
        Naturalization Service shall maintain records of the 
        nonimmigrant status and place of residence of each 
        alien admitted under the program. Not later than 120 
        days after the end of the third program year and for 
        the 3 subsequent years, the Immigration and 
        Naturalization Service shall compile and submit to the 
        Congress a report on the number of aliens admitted with 
        nonimmigrant status under section 101(a)(15)(Q)(ii) who 
        have overstayed their visas.
          (4) Designated counties defined.--For the purposes of 
        this Act, the term ``designated counties'' means the 
        six counties of Northern Ireland and the counties of 
        Louth, Monaghan, Cavan, Leitrim, Sligo, and Donegal 
        within the Republic of Ireland.
    (b) Temporary Nonimmigrant Visa.--
          (1) In general.--Section 101(a)(15)(Q) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(Q)) is amended--
                  (A) by inserting ``(i)'' after ``(Q)''; and
                  (B) by inserting after the semicolon at the 
                end the following: ``or (ii)(I) an alien 35 
                years of age or younger having a residence in 
                Northern Ireland, or the counties of Louth, 
                Monaghan, Cavan, Leitrim, Sligo, and Donegal 
                within the Republic of Ireland, which the alien 
                has no intention of abandoning who is coming 
                temporarily (for a period not to exceed 36 
                months) to the United States as a participant 
                in a cultural and training program approved by 
                the Secretary of State and the Attorney General 
                under section 2(a) of the Irish Peace Process 
                Cultural and Training Program Act of 1998 for 
                the purpose of providing practical training, 
                employment, and the experience of coexistence 
                and conflict resolution in a diverse society, 
                and (II) the alien spouse and minor children of 
                any such alien if accompanying the alien or 
                following to join the alien;''.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated for each fiscal year such sums as may be 
necessary to carry out the purposes of this section. Amounts 
appropriated pursuant to this subsection are authorized to be 
available until expended.
    (d) Sunset.--
          (1) Effective October 1, 2005, the Irish Peace 
        Process Cultural and Training Program Act of 1998 is 
        repealed.
          (2) Effective October 1, 2005, section 101(a)(15)(Q) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(Q)) is amended--
                  (A) by striking ``or'' at the end of clause 
                (i);
                  (B) by striking ``(i)'' after ``(Q)''; and
                  (C) by striking clause (ii).
        5. Caribbean and Central America Scholarship Assistance

Partial text of Public Law 101-382 [Customs and Trade Act of 1990; H.R. 
         1594], 104 Stat. 629 at 661, approved August 20, 1990

  AN ACT To make miscellaneous and technical changes to various trade 
                                 laws.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE AND TABLE OF CONTENTS.
---------------------------------------------------------------------------

    \1\ 19 U.S.C. 2101 note.
---------------------------------------------------------------------------
    (a) Short Title.--This Act may be cited as the ``Customs 
and Trade Act of 1990''.
          * * * * * * *

              TITLE II--CARIBBEAN BASIN ECONOMIC RECOVERY

          * * * * * * *

        Subtitle C--Scholarship Assistance and Tourism Promotion

SEC. 231.\2\ COOPERATIVE PUBLIC AND PRIVATE SECTOR PROGRAM FOR 
                    PROVIDING SCHOLARSHIPS TO STUDENTS FROM THE 
                    CARIBBEAN AND CENTRAL AMERICA.

    (a) Statement of Purpose.--It is the purpose of this 
section to encourage the establishment of partnerships between 
State governments, universities, community colleges, and 
businesses to support scholarships for talented socially and 
economically disadvantaged students from eligible countries in 
the Caribbean and Central America to study in the United States 
in order to--
---------------------------------------------------------------------------
    \2\ 20 U.S.C. 226.
---------------------------------------------------------------------------
          (1) improve the diversity and quality of educational 
        opportunities for such students;
          (2) assist the development efforts of eligible 
        countries by providing training and educational 
        assistance to persons who can help address the social 
        and economic needs of these countries;
          (3) expand opportunities for cross-cultural studies 
        and exchanges and improve the exchange or understanding 
        and principles of democracy;
          (4) promote positive and productive relationships 
        between the United States and its neighbor countries in 
        the Caribbean and Central American regions;
          (5) give added visibility and focus to the 
        ``scholarship diplomacy'' efforts of the United States 
        Government by leveraging the monies available for this 
        purpose through the development of partnerships among 
        Federal, State, and local governments and the business 
        and academic communities; and
          (6) promote community involvement with the 
        scholarship program as a tool for broadening and 
        strengthening the ``American experience'' for foreign 
        students.
    (b) Establishment of Scholarship Program.--The 
Administrator of the Agency for International Development shall 
establish and administer a program of scholarship assistance, 
in cooperation with State governments, universities, community 
colleges, and businesses, to provide scholarships to enable 
socially and economically disadvantaged students from eligible 
countries in the Caribbean and Central America to study in the 
United States.
    (c) Grants to States.--In carrying out this section, the 
Administrator may make grants to States to provide scholarship 
assistance for undergraduate degree programs and for training 
programs of one year or longer in study areas related to the 
critical development needs of the students' respective 
countries.
    (d) Agreement With States.--The Administrator and each 
participating State shall agree on a program regarding the 
educational opportunities available within the State, the 
selection and assignment of scholarship recipients, and related 
issues. To the maximum extent practicable, each State shall be 
given flexibility in designing its program.
    (e) Federal Share.--The Federal share for each year for 
which a State receives payments under this section shall be not 
less than 50 percent.
    (f) Non-Federal Share.--The non-Federal share of payments 
under this section may be in cash, including the waiver of 
tuition or the offering of in-State tuition or housing waivers 
of subsidies, or in-kind fairly evaluated, including the 
provision of books or supplies.
    (g) Forgiveness of Scholarship Assistance.--The obligation 
of any recipient to reimburse any entity for any or all 
scholarship assistance provided under this section shall be 
forgiven upon the recipient's prompt return to his or her 
country of domicile for a period which is at least one year 
longer than the period spent studying in the United States with 
scholarship assistance.
    (h) Private Sector Participation.--To the maximum extent 
practicable, each participating State shall enlist the 
assistance of the private sector to enable the State to meet 
the non-Federal share of payments under this section. Wherever 
appropriate, each participating State shall encourage the 
private sector to offer internships or other opportunities 
consistent with the purposes of this section to students 
receiving scholarships under this section.
    (i) Funding.--Any funds used in carrying out this section 
shall be derived from funds allocated for Latin American and 
Caribbean regional programs under chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following; 
relating to the economic support fund).
    (j) Definitions.--As used in this section --
          (1) The term ``eligible country'' means any country--
                  (A) which is receiving assistance under 
                chapter 1 of part I of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2151 and following; 
                relating to development assistance) or chapter 
                4 of part II of that Act (22 U.S.C. 2346 and 
                following; relating to the economic support 
                fund); and
                  (B) which is designated by the President as a 
                beneficiary country pursuant to the Caribbean 
                Basin Economic Recovery Act.
          (2) The term ``State'' means each of the several 
        States, the District of Colombia, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the Virgin Islands, 
        the Trust Territory of the Pacific Islands, and the 
        Commonwealth of the Northern Mariana Islands.
          * * * * * * *
     6. United States Scholarship Program for Developing Countries 
               Authorization, Fiscal Years 1986 and 1987

  Partial text of Public Law 99-93 [H.R. 2068], 99 Stat. 405 at 439, 
  approved August 16, 1985; amended by Public Law 103-199 [FRIENDSHIP 
Act, H.R. 3000], 107 Stat. 2317, approved December 17, 1993; Public Law 
  103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 
 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 
105-244 [Higher Education Amendments of 1998; H.R. 6], 112 Stat. 1581, 
                        approved October 7, 1998


          Note.--Sections in this Act amend other State 
        Department and foreign relations legislation and are 
        incorporated elsewhere in this compilation.



 AN ACT To authorize appropriations for fiscal years 1986 and 1987 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

  TITLE VI--UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES

SEC. 601.\1\ STATEMENT OF PURPOSE.

    The purpose of this title is to establish an undergraduate 
scholarship program designed to bring students of limited 
financial means from developing countries to the United States 
for study at United States institutions of higher education.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4701.
---------------------------------------------------------------------------

SEC. 602.\2\ FINDINGS AND DECLARATIONS OF POLICY.

    The Congress finds and declares that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4702.
---------------------------------------------------------------------------
          (1) it is in the national interest for the United 
        States Government to provide a stable source of 
        financial support to give students in developing 
        countries the opportunity to study in the United 
        States, in order to improve the range and quality of 
        educational alternatives, increase mutual 
        understanding, and build lasting links between those 
        countries and the United States;
          (2) providing scholarships to foreign students to 
        study in the United States has proven over time to be 
        an effective means of creating strong bonds between the 
        United States and the future leadership of developing 
        countries and, at the same time, assists countries 
        substantially in their development efforts;
          (3) study in United States institutions by foreign 
        students enhances trade and economic relationships by 
        providing strong English language skills and 
        establishing professional and business contacts;
          (4) students from families of limited financial means 
        have, in the past, largely not had the opportunity to 
        study in the United States, and scholarship programs 
        sponsored by the United States have made no provision 
        for identifying preparing, or supporting such students 
        for study in the United States;
          (5) it is essential that the United States citizenry 
        develop its knowledge and understanding of the 
        developing countries and their languages, cultures, and 
        socioeconomic composition as these areas assume an ever 
        larger role in the world community;
          (6) \3\ an undergraduate scholarship program for 
        students of limited financial means from developing 
        countries to study in the United States would 
        complement current assistance efforts in the areas of 
        advanced education and training of people of developing 
        countries in such disciplines as are required for 
        planning and implementation of public and private 
        development activities;
---------------------------------------------------------------------------
    \3\ Sec. 305 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2324) struck out paras. (6) and (7), and redesignated paras. (8) 
through (10) as (6) through (8). Former paras. (6) and (7) provided as 
follows:
    ``(6) the number of United States Government-sponsored scholarships 
for students in developing countries has been exceeded as much as 
twelve times in a given year by the number of scholarships offered by 
Soviet-bloc governments to students in developing countries, and this 
disparity entails the serious long-run cost of having so many of the 
potential future leaders of the developing world educated in Soviet-
bloc countries;
    ``(7) from 1972 through 1982 the Soviet Union and Eastern European 
governments collectively increased their education exchange programs to 
Latin America and the Caribbean by 205 percent while those of the 
United States declined by 52 percent;''.
---------------------------------------------------------------------------
          (7) \3\ the National Bipartisan Commission on Central 
        America has recommended a program of 10,000 United 
        States Government-sponsored scholarships to bring 
        Central American students to the United States, which 
        program would involve careful targeting to encourage 
        participation by young people from all social and 
        economic classes, would maintain existing admission 
        standards by providing intensive English and other 
        training, and would encourage graduates to return to 
        their home countries after completing their education; 
        and
          (8) \3\ it is also in the interest of the United 
        States, as well as peaceful cooperation in the Western 
        Hemisphere, that particular attention be given to the 
        students of the Caribbean region.

SEC. 603.\4\ SCHOLARSHIP PROGRAM AUTHORITY.

    (a) In General.--The President, acting through the United 
States Information Agency, shall provide scholarships 
(including partial assistance) for undergraduate study at 
United States institutions of higher education by citizens and 
nationals of developing countries who have completed their 
secondary education and who would not otherwise have an 
opportunity to study in the United States due to financial 
limitations.
---------------------------------------------------------------------------
    \4\ 22 U.S. 4703.
---------------------------------------------------------------------------
    (b) Form of Scholarship; Forgiveness of Loan Repayment.--To 
encourage students to use their training in their countries of 
origin each scholarship pursuant to this section shall be in 
the form of a loan with all repayment to be forgiven upon the 
student's prompt return to his or her country or origin for a 
period which is at least one year longer than the period spent 
studying in the United States. If the student is granted asylum 
in the United States pursuant to section 208 of the Immigration 
and Nationality Act or is admitted to the United States as a 
refugee pursuant to section 207 of that Act, half of the 
repayment shall be forgiven.
    (c) Consultation.--Before allocation any of the funds made 
available to carry out this title, the President shall consult 
with United States institutions of higher education, 
educational exchange organizations, United States missions in 
developing countries, and the governments of participating 
countries on how to implement the guidelines specified in 
section 604.
    (d) Definition.--For purposes of this title, the term 
``institution of higher education'' has the same meaning as 
given to such term by section 101 \5\ of the Higher Education 
Act of 1965.
---------------------------------------------------------------------------
    \5\ Sec. 102(a)(7)(D) of Public Law 105-244 (112 Stat. 1619) struck 
out ``1201(a)'' and inserted in lieu thereof ``101''.
---------------------------------------------------------------------------

SEC. 604.\6\ GUIDELINES.

    The scholarship program under this title shall be carried 
out in accordance with the following guidelines:
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 4704.
---------------------------------------------------------------------------
          (1) Consistent with section 112(b) of the Mutual 
        Educational and Cultural Exchange Act of 1961 (22 
        U.S.C. 2460(b)), all programs created pursuant to this 
        title shall be nonpolitical and balanced, and shall be 
        administered in keeping with the highest standards of 
        academic integrity.
          (2) United States missions shall design ways to 
        identify promising students who are in secondary 
        educational institutions, or who have completed their 
        secondary education, for study in the United States. In 
        carrying out this paragraph, the United States mission 
        in a country shall consult with Peace Corps volunteers 
        and staff assigned to that country and with private and 
        voluntary organizations with a proven record of 
        providing development assistance to developing 
        countries.
          (3) United States missions shall develop and strictly 
        implement specific economic need criteria. Scholarships 
        under this title may only be provided to students who 
        meet the economic need criteria.
          (4) The program shall utilize educational 
        institutions in the United States and in developing 
        countries to help participants in the programs acquire 
        necessary skills in English and other appropriate 
        education training.
          (5) Each participant from a developing country shall 
        be selected on the basis of academic and leadership 
        potential and the economic, political, and social 
        development needs of such country. Such needs shall be 
        determined by each United States mission in 
        consultation with the government of the respective 
        country. Scholarship opportunities shall emphasize 
        fields that are critical to the development of the 
        participant's country, including agriculture, civil 
        engineering, communications, social science, education, 
        public and business administration, health, nutrition, 
        environmental studies, population and family planning, 
        and energy.
          (6) The program shall be flexible in order to take 
        advantage of different training and educational 
        opportunities offered by universities, postsecondary 
        vocational training schools, and community colleges in 
        the United States.
          (7) The program shall be flexible with respect to the 
        number of years of undergraduate education financed but 
        in no case shall students be brought to the United 
        States for a period less than one year.
          (8) Adequate allowance shall be made in the 
        scholarship for the purchase of books and related 
        educational material relevant to the program of study.
          (9) Further allowance shall be made to provide 
        adequate opportunities for professional, academic, and 
        cultural enrichment for scholarship recipients.
          (10) The program shall, to the maximum extent 
        practicable, offer equal opportunities for both male 
        and female students to study in the United States.
          (11) The United States Information Agency shall 
        recommend to each student, who receives a scholarship 
        under this title for study at a college or university, 
        that the student enroll in a course on the classics of 
        American political thought or which otherwise 
        emphasizes the ideas, principles, and documents upon 
        which the United States was founded.

SEC. 605. AUTHORITY TO ENTER INTO AGREEMENTS.

    The President may enter into agreements with foreign 
governments in furtherance of the purposes of this title. Such 
agreements may provide for the creation or continuation of 
binational or multinational educational and cultural 
foundations and commissions for the purposes of administering 
programs under this title.

SEC. 606.\7\ POLICY REGARDING OTHER INTERNATIONAL EDUCATIONAL PROGRAMS.

    (a) AID-Funded Programs.--The Congress urges the 
administrator of the agency primarily responsible for 
administering part I of the Foreign Assistance Act of 1961, in 
implementing programs authorized under that part, to increase 
assistance for undergraduate scholarships for students of 
limited financial means from developing countries to study in 
the United States at United States institutions of higher 
education. To the maximum extent practicable, such scholarship 
assistance shall be furnished in accordance with the guidelines 
contained in section 604 of this title.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 4706.
---------------------------------------------------------------------------
    (b) USIA-Funded Postgraduate Study in the United States.--
The Congress urges the Director of the United States 
Information Agency to expand opportunities for students of 
limited financial means from developing countries to receive 
financial assistance for postgraduate study at United States 
institutions of higher education.
    (c) Study by Americans in Developing Countries.--The 
Congress urges the President to take such steps as are 
necessary to expand the opportunities for Americans from all 
economic classes to study in developing countries.

SEC. 607.\8\ ESTABLISHMENT AND MAINTENANCE OF COUNSELING SERVICES.

    (a) Counseling Services Abroad.--For the purpose of 
assisting foreign students in choosing fields of study, 
selecting appropriate institutions of higher education, and 
preparing for their stay in the United States, the President 
may make suitable arrangements for counseling and orientation 
services abroad.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 4707.
---------------------------------------------------------------------------
    (b) Counseling Services in the United States.--For the 
purposes of assisting foreign students in making the best use 
of their opportunities while attending United States 
institutions of higher education, and assisting such students 
in directing their talents and initiative into channels which 
will make them more effective leaders upon return to their 
native lands, the President may make suitable arrangements (by 
contract or otherwise) for the establishment and maintenance of 
adequate counseling services at United States institutions of 
higher education which are attended by foreign students.

SEC. 608.\9\ BOARD OF FOREIGN SCHOLARSHIPS.

    The Board of Foreign Scholarships shall advise and assist 
the President in the discharge of the scholarship program 
carried out pursuant to this title, in accordance with the 
guidelines set forth in section 604. The President may provide 
for such additional secretarial and staff assistance for the 
board as may by required to carry out this title.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 4708.
---------------------------------------------------------------------------

SEC. 609.\10\ GENERAL AUTHORITIES.

    (a) Public and Private Sector Contributions.--The public 
and private sectors in the United States and in the developing 
countries shall be encouraged to contribute to the costs of the 
scholarship program financed under this title.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 4709.
---------------------------------------------------------------------------
    (b) Utilization of Returning Program Participants.--The 
President shall seek to engage the public and private sectors 
of developing countries in programs to maximize the utilization 
of recipients of scholarships under this title upon their 
return to their own countries.
    (c) Promotion Abroad of Scholarship Program.--The President 
may provide for publicity and promotion abroad of the 
scholarship program provided for in this title.
    (d) Increasing United States Understanding of Developing 
Countries.--The President shall encourage United States 
institutions of higher education, which are attended by 
students from developing countries who receive scholarships 
under this title, to provide opportunities for United States 
citizens attending those institutions to develop their 
knowledge and understanding of the developing countries, and 
the languages and cultures of those countries, represented by 
those foreign students.
    (e) Other Activities to Promote Improved Understanding.--
Funds allocated by the United States Information Agency, or the 
agency primarily responsible for carrying out part I of the 
Foreign Assistance Act of 1961, for scholarships in accordance 
with this title shall be available to enhance the educational 
training and capabilities of the people of Latin America and 
the Caribbean and to promote better understanding between the 
United States and Latin America and the Caribbean through 
programs of cooperation, study, training, and research. Such 
funds may be used for program and administrative costs for 
institutions carrying out such programs.

SEC. 610.\11\ ENGLISH TEACHING, TEXTBOOKS, AND OTHER TEACHING 
                    MATERIALS.

    Wherever adequate facilities or materials are not available 
to carry out the purposes of paragraph (4) of section 604 in 
the participant's country and the President determines that the 
purposes of this title are best served by providing the 
preliminary training in the participant's country, the 
President may (by purchase, contract, or other appropriate 
means) provide the necessary materials and instructors to 
achieve such purpose.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 4710.
---------------------------------------------------------------------------

SEC. 611.\12\ * * * [Repealed--1994]
---------------------------------------------------------------------------

    \12\ Formerly at 22 U.S.C. 4711. Sec. 611, which had required that 
the President report annually to Congress on activities and 
expenditures under this title, was repealed by sec. 139(13) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 108 Stat. 398).
---------------------------------------------------------------------------

SEC. 612.\13\ FUNDING OF SCHOLARSHIPS FOR FISCAL YEAR 1986 AND FISCAL 
                    YEAR 1987.

    (a) Central American Undergraduate Scholarship Program.--
The undergraduate scholarship program financed by the United 
States Information Agency for students from Central America for 
fiscal year 1986 and fiscal year 1987 shall be conducted in 
accordance with this title.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 4712.
---------------------------------------------------------------------------
    (b) Scholarships for Students From Other Developing 
Countries.--Any funds appropriated to the United States 
Information Agency for fiscal year 1986 or fiscal year 1987 for 
any purpose (other than funds appropriated for educational 
exchange programs under section 102(a)(1) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
2452(a)(1)) may be used to carry out this title with respect to 
students from developing countries outside Central America.

SEC. 613.\14\ LATIN AMERICAN EXCHANGES.

    Of any funds authorized to be appropriated for activities 
authorized by this title, not less than 25 percent shall be 
allocated to fund grants and exchanges to Latin America and the 
Caribbean.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 4713.
---------------------------------------------------------------------------

SEC. 614.\15\ FEASIBILITY STUDY OF TRAINING PROGRAMS IN SIZABLE 
                    HISPANIC POPULATIONS.

    No later than December 15, 1985, the Director of the United 
States Information Agency and the Administrator of the Agency 
for International Development shall report jointly, to the 
chairman of the Committee on Foreign Relations of the Senate 
and the chairman of the Committee on Foreign Affairs \16\ of 
the House of Representatives, on the feasibility of greater 
utilization in those two agencies' scholarship and participant 
training programs of the United States universities in States 
bordering Latin America and Caribbean which are located in 
areas characterized by the presence of sizable Hispanic 
populations.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 4714.
    \16\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------

SEC. 615.\17\ COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.

    Any authority provided by this title to enter into 
contracts shall be effective only--
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 4715.
---------------------------------------------------------------------------
          (1) to the extent that the budget authority for the 
        obligation to make outlays, which is created by the 
        contract, has been provided in advance by an 
        appropriation Act; or
          (2) to the extent or in such amounts as are provided 
        in advance in appropriation Acts.
                7. National Endowment for Democracy Act

 Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1039, 
  approved November 22, 1983; as amended by Public Law 99-93 [Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 
   Stat. 405, approved August 16, 1985; Public Law 100-204 [Foreign 
 Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 
101 Stat. 1331, approved December 22, 1987; Public Law 102-138 [Foreign 
 Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 
 105 Stat. 647, approved October 28, 1991; Public Law 103-236 [Foreign 
 Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 
                 108 Stat. 382, approved April 30, 1994

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE V--NATIONAL ENDOWMENT FOR DEMOCRACY

                              short title

    Sec. 501. This title may be cited as the ``National 
Endowment for Democracy Act''.

                  national endowment for democracy \1\

    Sec. 502.\2\ (a) The Congress finds that there has been 
established in the District of Columbia a private, nonprofit 
corporation known as the National Endowment for Democracy 
(hereafter in this title referred to as the ``Endowment'') 
which is not an agency or establishment of the United States 
Government.
---------------------------------------------------------------------------
    \1\ See also sec. 212 of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246), and sec. 211 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public 
Law 102-138), for reporting requirements relating to the National 
Endowment for Democracy.
    Sec. 534 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 108 Stat. 481), provided the 
following:
    ``sec. 534. study of democracy effectiveness.
    ``(a) Report.--Not later than 180 days after the date of enactment 
of this Act, the President shall submit a report to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives on a streamlined, cost-effective 
organization of United States democracy assistance. The report shall 
include a review of all activities funded by the United States 
Government, including those funded through the National Endowment for 
Democracy, the United States Information Agency, and the Agency for 
International Development.
    ``(b) Content of Report.--The report shall include the following:
---------------------------------------------------------------------------

          ``(1) A review of all United States-sponsored programs to 
        promote democracy, including identification and discussion of 
        those programs that are overlapping.
          ``(2) A clear statement of achievable goals and objectives 
        for all United States-sponsored democracy programs, and an 
        evaluation of the manner in which current democracy activities 
        meet these goals and objectives.
          ``(3) A review of the current United States Government 
        organization for the delivery of democracy assistance and 
        recommended changes to reduce costs and streamline overhead 
        involved in the delivery of democracy assistance.
          ``(4) Recommendations for coordinating programs, policies, 
        and priorities to enhance the United States Government's role 
        in democracy promotion.
          ``(5) A review of all agencies involved in delivering United 
        States Government funds in the form of democracy assistance and 
        a recommended focal point or lead agency within the United 
        States Government for policy oversight of the effort.
          ``(6) A review of the feasibility and desirability of 
        mandating non-United States Government funding, including 
        matching funds and in-kind support, for democracy promotion 
        programs. If it is determined that such non-Government funding 
        is feasible and desirable, recommendations should be made 
        regarding goals and procedures for implementation.''.
---------------------------------------------------------------------------
    Sec. 2411 of the Foreign Relations Authorization Act, Fiscal Years 
1998 and 1999 (subdivision B of division G of Public Law 105-277; 112 
Stat. 2681-831; 22 U.S.C. 4416), provided the following:
    ``sec. 2411. 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 National Endowment for Democracy may be deposited in interest-
bearing accounts pending disbursement, and any interest which accrues 
may be retained by the grantee without returning such interest to the 
Treasury of the United States and interest earned may be obligated and 
expended for the purposes for which the grant was made without further 
appropriation.''.
    \2\ 22 U.S.C. 4411. Authorization of appropriations for fiscal 
years 1994 and 1995 for the National Endowment for Democracy were 
included in general authorization levels for several programs; see sec. 
201(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995 (Public Law 103-236; 108 Stat. 420).
    Previous authorizations: fiscal year 1984--$31,300,000; fiscal year 
1985--$31,300,000; fiscal year 1986--$18,400,000; fiscal year 1987--
$18,400,000; fiscal year 1988--$17,500,000; fiscal year 1989--
$18,100,000; fiscal year 1990--$25,000,000; fiscal year 1991--
$25,000,000; fiscal year 1992--$30,000,000; fiscal year 1993--
$31,250,000.; fiscal year 1994--$35,000,000; fiscal year 1995--
$35,000,000; fiscal year 1998--$31,000,000; fiscal year 1999--
$30,000,000; fiscal year 2000--$32,000,000; and fiscal year 2001--
$32,000,000.
    The Department of State and Related Agency Appropriations Act, 2001 
(title IV H.R. 5548, enacted by reference in sec. 1(a)(2) of Public Law 
106-553; 114 Stat. 2762 at 2762A-95), provided the following for fiscal 
year 2001:
---------------------------------------------------------------------------

                   ``national endowment for democracy
---------------------------------------------------------------------------
    ``For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment for 
Democracy Act, $30,999,000, to remain available until expended.''.
    Previous appropriations include: fiscal year 1984--$18,000,000; 
fiscal year 1985--$18,500,000; fiscal year 1986--$18,000,000; fiscal 
year 1987--$15,000,000; fiscal year 1988--$16,875,000; fiscal year 
1989--$15,800,000; fiscal year 1990--$17,000,000; fiscal year 1991--
$25,000,000; fiscal year 1992--$27,500,000; fiscal year 1993--
$30,000,000; fiscal year 1994--$35,000,000; fiscal year 1995--
$34,000,000; fiscal year 1996--$30,000,000; fiscal year 1997--
$30,000,000; fiscal year 1998--$30,000,000; fiscal year 1999--
$30,000,000; fiscal year 2000--$31,000,000; and fiscal year 2001--
$30,999,000.
---------------------------------------------------------------------------
    (b) The purposes of the Endowment, as set forth in its 
articles of incorporation, are--
          (1) to encourage free and democratic institutions 
        throughout the world through private sector 
        initiatives, including activities which promote the 
        individual rights and freedoms (including 
        internationally recognized human rights) which are 
        essential to the functioning of democratic 
        institutions;
          (2) to facilitate exchanges between United States 
        private sector groups (especially the two major 
        American political parties, labor, and business) and 
        democratic groups abroad;
          (3) to promote United States nongovernmental 
        participation (especially through the two major 
        American political parties, labor, business, and other 
        private sector groups) in democratic training programs 
        and democratic institution-building abroad;
          (4) to strengthen democratic electoral processes 
        abroad through timely measures in cooperation with 
        indigenous democratic forces;
          (5) to support the participation of the two major 
        American political parties, labor, business, and other 
        United States private sector groups in fostering 
        cooperation with those abroad dedicated to the cultural 
        values, institutions, and organizations of democratic 
        pluralism; and
          (6) to encourage the establishment and growth of 
        democratic development in a manner consistent both with 
        the broad concerns of United States national interests 
        and with the specific requirements of the democratic 
        groups in other countries which are aided by programs 
        funded by the Endowment.

                        grants to the endowment

    Sec. 503.\3\ (a) The Director of the United States 
Information Agency shall make an annual grant to the Endowment 
to enable the Endowment to carry out its purposes as specified 
in section 502(b). Such grants shall be made with funds 
specifically appropriated for grants to the Endowment or with 
funds appropriated to the Agency for the ``Salaries and 
Expenses'' account. Such grants shall be made pursuant to a 
grant agreement between the Director and the Endowment which 
requires that grant funds will only be used for activities 
which the Board of Directors of the Endowment determines are 
consistent with the purposes described in section 502(b), that 
the Endowment will allocate funds in accordance with subsection 
(e) of this section, and that the Endowment will otherwise 
comply with the requirements of this title. The grant agreement 
may not require the Endowment to comply with requirements other 
than those specified in this title.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 4412.
---------------------------------------------------------------------------
    (b) Funds so granted may be used by the Endowment to carry 
out the purposes described in section 502(b), and otherwise 
applicable limitations on the purposes for which funds 
appropriated to the United States Information Agency may be 
used shall not apply to funds granted to the Endowment.
    (c) Nothing in this title shall be construed to make the 
Endowment an agency or establishment of the United States 
Government or to make the members of the Board of Directors of 
the Endowment, or the officers or employees of the Endowment, 
officers or employees of the United States.
    (d) The Endowment and its grantees shall be subject to the 
appropriate oversight procedures of the Congress.
    (e) Of the amounts made available to the Endowment for each 
of the fiscal years 1984 and 1985 to carry out programs in 
furtherance of the purposes of this Act--
          (1) not less than $13,800,000 shall be for the Free 
        Trade Union Institute; and
          (2) not less than $2,500,000 shall be to support 
        private enterprise development programs of the National 
        Chamber Foundation.
    (f) \4\ Nothing in this title shall preclude the Endowment 
from making grants to independent labor unions.
---------------------------------------------------------------------------
    \4\ Subsec. (f) was added by sec. 212 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1376).
---------------------------------------------------------------------------

                eligibility of the endowment for grants

    Sec. 504.\5\ (a) Grants may be made to the Endowment under 
this title only if the Endowment agrees to comply with the 
requirements specified in this section and elsewhere in this 
title.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 4413.
---------------------------------------------------------------------------
    (b)(1) The Endowment may only provide funding for programs 
of private sector groups and may not carry out programs 
directly.
    (2) The Endowment may provide funding only for programs 
which are consistent with the purposes set forth in section 
502(b).
    (c)(1) Officers of the Endowment may not receive any salary 
or other compensation from any source, other than the 
Endowment, for services rendered during the period of their 
employment by the Endowment.
    (2) If an individual who is an officer or employee of the 
United States Government serves as a member of the Board of 
Directors or as an officer or employee of the Endowment, that 
individual may not receive any compensation or travel expenses 
in connection with services performed for the Endowment.
    (d)(1) The Endowment shall not issue any shares of stock or 
declare or pay any dividends.
    (2) No part of the assets of the Endowment shall inure to 
the benefit of any member of the Board, any officer or employee 
of the Endowment, or any other individual, except as salary or 
reasonable compensation for services.
    (e)(1) The accounts of the Endowment shall be audited 
annually in accordance with generally accepted auditing 
standards by independent certified public accountants or 
independent licensed public accountants certified or licensed 
by a regulatory authority of a State or other political 
subdivision of the United States. The audits shall be conducted 
at the place or places where the accounts of the Endowment are 
normally kept. All books, accounts, financial records, reports, 
files, and all other papers, things, or property belonging to 
or in use by the Endowment and necessary to facilitate the 
audits shall be made available to the person or persons 
conducting the audits; and full facilities for verifying 
transactions with any assets held by depositories, fiscal 
agents, and custodians shall be afforded to such person or 
persons.
    (2) The report of each such independent audit shall be 
included in the annual report required by subsection (h). The 
audit report shall set forth the scope of the audit and include 
such statements as are necessary to present fairly the 
Endowment's assets and liabilities, surplus or deficit, with an 
analysis of the changes therein during the year, supplemented 
in reasonable detail by a statement of the Endowment's income 
and expenses during the year, and a statement of the 
application of funds, together with the independent auditor's 
opinion of those statements.
    (f)(1) The financial transactions of the Endowment for each 
fiscal year may be audited by the General Accounting Office in 
accordance with such principles and procedures and under such 
rules and regulations as may be prescribed by the Comptroller 
General of the United States. Any such audit shall be conducted 
at the place or places where accounts of the Endowment are 
normally kept. The representatives of the General Accounting 
Office shall have access to all books, accounts, records, 
reports, files, and all other papers, things, or property 
belonging to or in use by the Endowment pertaining to its 
financial transactions and necessary to facilitate the audit; 
and they shall be afforded full facilities for verifying 
transactions with any assets held by depositories, fiscal 
agents, and custodians. All such books, accounts, records, 
reports, files, papers, and property of the Endowment shall 
remain in the possession and custody of the Endowment.
    (2) A report of each such audit shall be made by the 
Comptroller General to the Congress. The report to the Congress 
shall contain such comments and information as the Comptroller 
General may deem necessary to inform the Congress of the 
financial operations and condition of the Endowment, together 
with such recommendations with respect thereto as he may deem 
advisable. The report shall also show specifically any program, 
expenditure, or other financial transaction or undertaking 
observed in the course of the audit, which, in the opinion of 
the Comptroller General, has been carried on or made contrary 
to the requirements of this title. A copy of each report shall 
be furnished to the President and to the Endowment at the time 
submitted to the Congress.
    (g) \6\ The financial transactions of the Endowment for 
each fiscal year shall \7\ be audited by the United States 
Information Agency under the conditions set forth in subsection 
(f)(1).
---------------------------------------------------------------------------
    \6\ Subsec. (g) was added by subsec. (b)(2) of sec. 210 of the 
Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public 
Law 99-93; 99 Stat. 405.)
    \7\ Sec. 211(d) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 695), struck out 
``may also'' and inserted in lieu thereof ``shall''.
---------------------------------------------------------------------------
    (h)(1) \8\ The Endowment shall ensure that each recipient 
of assistance provided through the Endowment under this title 
keeps separate bank accounts or separate self-balancing ledger 
accounts with respect to such assistance \9\ and such records 
as may be reasonably necessary to fully disclose the amount and 
the disposition by such recipient of the proceeds of such 
assistance, the total cost of the project or undertaking in 
connection with which such assistance is given or used, and the 
amount and nature of that portion of the cost of the project or 
undertaking supplied by other sources, and such other records 
as will facilitate an effective audit.
---------------------------------------------------------------------------
    \8\ Subsec. (b)(1) of sec. 210 of Public Law 99-93 (99 Stat. 405 at 
432), redesignated subsecs. (g) and (h) as subsecs. (h) and (i), 
respectively.
    \9\ The phrase ``separate accounts with respect to such 
assistance'' was added by sec. 211 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1376). The word ``accounts'' was subsequently struck out, and in 
its place was inserted ``bank accounts or separate self-balancing 
ledger accounts'' by sec. 228 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 423).
---------------------------------------------------------------------------
    (2) The Endowment shall ensure that it, or any of its duly 
authorized representatives, shall have access for the purpose 
of audit and examination to any books, documents, papers, and 
records of the recipient that are pertinent to assistance 
provided through the Endowment under this title. The 
Comptroller General of the United States or any of his duly 
authorized representatives shall also have access thereto for 
such purpose.
    (i) \8\ Not later than February 1 \10\ of each year, the 
Endowment shall submit an annual report for the preceding 
fiscal year to the President for transmittal to the Congress. 
The report shall include a comprehensive and detailed report of 
the Endowment's operations, activities, financial condition, 
and accomplishments under this title and may include such 
recommendations as the Endowment deems appropriate. The Board 
members and officers of the Endowment shall be available to 
testify before appropriate committees of the Congress with 
respect to such report, the report of any audit made by the 
Comptroller General pursuant to subsection (f), or any other 
matter which any such committee may determine.
---------------------------------------------------------------------------
    \10\ Subsec. (d) of sec. 210 of Public Law 99-93 (99 Stat. 405 at 
432), substituted ``February 1'' in lieu of ``December 31''.
    Sec. 209(e)(17) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104(66 (109 
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of 
that Act, as amended, provided that ``* * * each provision of law 
requiring the submittal to Congress (or any committee of the Congress) 
of any annual, semiannual, or other regular periodic report specified 
on the list * * * [prepared by the Clerk of the House of 
Representatives for the first session of the One Hundred Third 
Congress] shall cease to be effective, with respect to that 
requirement, May 15, 2000.''.
---------------------------------------------------------------------------
  (j) \11\ After January 31, 1993, no member of the Board of 
the Endowment may be a member of the board of directors or an 
officer of any grantee of the National Endowment for Democracy 
which receives more than 5 percent of the funds of the 
Endowment for any fiscal year.
---------------------------------------------------------------------------
    \11\ Sec. 215 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 697), added subsec. 
(j).
---------------------------------------------------------------------------

        requirements relating to the endowment and its grantees

    Sec. 505.\12\ (a) Partisan Politics.--(1) Funds may not be 
expended, either by the Endowment or by any of its grantees, to 
finance the campaigns of candidates for public office.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 4414. Sec. 505 was added by sec. 210(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public 
Law 99-93; 99 Stat. 405).
---------------------------------------------------------------------------
    (2) No funds granted by the Endowment may be used to 
finance activities of the Republican National Committee or the 
Democratic National Committee.
    (3) No grants may be made to any institute, foundation, or 
organization engaged in partisan activities on behalf of the 
Republican or Democratic National Committee, on behalf of any 
candidate for public office, or on behalf of any political 
party in the United States.
    (b) Consultation With Department of State.--The Endowment 
shall consult with the Department of State on any overseas 
program funded by the Endowment prior to the commencement of 
the activities of that program.

                         freedom of information

    Sec. 506.\13\ (a) Compliance With Freedom of Information 
Act.--Notwithstanding the fact that the Endowment is not an 
agency or establishment of the United States Government, the 
Endowment shall fully comply with all of the provisions of 
section 552 of title 5, United States Code.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 4415. Sec. 506 was added by sec. 210(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public 
Law 99-93; 99 Stat. 405).
---------------------------------------------------------------------------
    (b) Publication in Federal Register.--For purposes of 
complying pursuant to subsection (a) with section 552(a)(1) of 
such title, the Endowment shall make available to the Director 
of the United States Information Agency such records and other 
information as the Director determines may be necessary for 
such purposes. The Director shall cause such records and other 
information to be published in the Federal Register.
    (c) Review by USIA.--(1) In the event that the Endowment 
determines not to comply with a request for records under 
section 552, the Endowment shall submit a report to the 
Director of the United States Information Agency explaining the 
reasons for not complying with such request.
    (2) If the Director approves the determination not to 
comply with such request, the United States Information Agency 
shall assume full responsibility, including financial 
responsibility, for defending the Endowment in any litigation 
relating to such request.
    (3) If the Director disapproves the determination not to 
comply with such request, the Endowment shall comply with such 
request.
                       8. Fascell Fellowship Act

  Partial text of Public Law 99-399 [Omnibus Diplomatic Security and 
Anti-Terrorism Act of 1986, H.R. 4151], 100 Stat. 853, approved August 
 27, 1986; as amended by Public Law 99-529 [Special Foreign Assistance 
   Act of 1986, S. 1917], 100 Stat. 3010, approved October 24, 1986; 
 Public Law 100-204 [Foreign Relations Authorization Act, Fiscal Years 
1988 and 1989; H.R. 1777], 101 Stat. 1331, approved December 22, 1987; 
   Public Law 101-454 [Fascell Fellowship Amendments Act of 1990; S. 
 2017], 104 Stat. 1063 at 1065, approved October 24, 1990; Public Law 
   102-511 [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved 
 October 24, 1992; Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 
   Stat. 2317, approved December 17, 1994; and by Public Law 105-277 
 [Foreign Affairs Agencies Consolidation Act of 1998; H.R. 4328], 112 
           Stat. 2681 at 2681-765, approved October 21, 1998

AN ACT To provide enhanced diplomatic security and combat international 
                   terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                  TITLE X--FASCELL FELLOWSHIP PROGRAM

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Fascell Fellowship Act.''

SEC. 1002.\1\ FELLOWSHIP PROGRAM FOR TEMPORARY SERVICE AT UNITED STATES 
                    MISSIONS ABROAD.

    (a) Establishment.--There is hereby established a 
fellowship program pursuant to which the Secretary of State 
will provide fellowships to United States citizens while they 
serve, for a period of between one and two years, in positions 
which would otherwise be \2\ held by foreign national employees 
at United States diplomatic or consular missions abroad.\2\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4901. Sec. 303 of the FRIENDSHIP Act (Public Law 103-
199; 107 Stat. 2323) struck out ``IN THE SOVIET UNION AND EASTERN 
EUROPE'' from the section heading and inserted in lieu thereof 
``ABROAD''.
    \2\ Sec. 9(b)(1) of the Eisenhower Exchange Fellowship Act of 1990 
(sec. 9 cited as ``Fascell Fellowship Amendments Act of 1990''; Public 
Law 101-454; 104 Stat. 1065) (A) struck out ``formerly'' and inserted 
in lieu thereof ``which would otherwise be''; and (B) struck out ``in 
the Soviet Union or Eastern European countries'' and inserted in lieu 
thereof ``abroad''.
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    (b) Designation of Fellowships.--Fellowships under this 
title shall be known as ``Fascell Fellowships.''
    (c) Purpose of the Fellowships.--Fellowships under this 
title shall be provided in order to allow the recipient 
(hereafter in this title referred to as a ``Fellow'') to serve 
on a short-term basis at a United States diplomatic or consular 
mission abroad \3\ in order to obtain first hand exposure to 
that country, including (as appropriate) independent study in 
that country's \3\ area studies or languages.
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    \3\ Sec. 9(b)(2) of the Eisenhower Exchange Fellowship Act of 1990 
(sec. 9 cited as ``Fascell Fellowship Amendments Act of 1990''; Public 
Law 101-454; 104 Stat. 1066) (A) struck out ``in the Soviet Union or an 
Eastern European country'' and inserted in lieu thereof ``abroad''; and 
(B) struck out ``Soviet or Eastern European'' and inserted in lieu 
thereof ``that country's''.
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    (d) Individuals Who May Receive a Fellowship.--To receive a 
fellowship under this title, an individual must be a United 
States citizen who is an undergraduate or graduate student, a 
teacher, scholar, or other academic, or an other individual, 
who has expertise in international affairs, foreign languages, 
or career and professional experience or interest in 
international affairs,\4\ and who has a working knowledge of 
the principal language of the country in which he or she would 
serve.
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    \4\ Sec. 9(b)(3) of the Eisenhower Exchange Fellowship Act of 1990 
(sec. 9 cited as ``Fascell Fellowship Amendments Act of 1990''; Public 
Law 101-454; 104 Stat. 1066) struck out ``Soviet or Eastern European 
area studies or languages'' and inserted in lieu thereof 
``international affairs, foreign languages, or career and professional 
experience or interest in international affairs,''.
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    (e) Women and Members of Minority Groups.--In carrying out 
this section, the Secretary of State shall activity recruit 
women and members of minority groups.

SEC. 1003.\5\ FELLOWSHIP BOARD.

    (a) Establishment and Function.--There is hereby 
established a Fellowship Board (hereafter in this title 
referred to as the ``Board''), which shall select the 
individuals who will be eligible to serve as Fellows.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 4902.
---------------------------------------------------------------------------
    (b) Membership.--The Board shall consist of 7 members \6\ 
as follows:
---------------------------------------------------------------------------
    \6\ Sec. 1335(f)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-788) struck out ``9 members'' and inserted in lieu thereof 
``7 members''.
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          (1) A senior official of the Department of State (who 
        shall be the chair of the Board), designated by the 
        Secretary of State.
          (2) An officer or employee of the Department of 
        Commerce, designated by the Secretary of Commerce.
          (3) \7\ Five \8\ academic specialists in 
        international affairs or foreign languages,\9\ 
        appointed by the Secretary of State (in consultation 
        with the chairman and ranking minority member of the 
        Committee on Foreign Affairs \10\ of the House of 
        Representatives and the chairman and ranking minority 
        of the Committee on Foreign Relations of the Senate).
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    \7\ Sec. 1335(f)(3) and (4) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-788) struck out para. (3) at this point, which 
designated an officer of the United States Information Agency as a 
member of the Board, and redesignated para. (4) as new para. (3).
    \8\ Sec. 1335(f)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-788) struck out ``Six'' and inserted in lieu thereof 
``Five''.
    \9\ Sec. 9(c)(1) of the Eisenhower Exchange Fellowship Act of 1990 
(sec. 9 cited as ``Fascell Fellowship Amendments Act of 1990''; Public 
Law 101-454; 104 Stat. 1066) struck out ``Soviet or Eastern European 
area studies or languages,'' and inserted in lieu thereof 
``international affairs or foreign languages,''.
    Sec. 9(c)(2) of that Act made this amendment applicable ``only to 
appointments to the Fascell Fellowship Board after the date of the 
enactment of this section and shall not affect the service of members 
of such board on the date of the enactment of this section.''.
    \10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) Meetings.--The Board shall meet at least once each year 
to select the individuals who will be eligible to serve as 
Fellows.
    (d) Compensation and Per Diem.--Members of the Board shall 
receive no compensation on account of their service on the 
Board, but while away from their homes or regular places of 
business in the performance of their duties under this title, 
may be allowed travel expenses, including per diem in lieu of 
subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses 
under section 5703 of title 5 of the United States Code.

SEC. 1004.\11\ FELLOWSHIPS.

    (a) Number.--Up to 100 fellowships may be provided under 
this title each year. Not less than 15 shall be provided during 
fiscal year 1993.\12\
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 4903.
    \12\ Sec. 1004(a) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3353) added the second sentence.
---------------------------------------------------------------------------
    (b) Remuneration and Period.--The Board shall determine, 
taking into consideration the position in which each Fellow 
will serve and his or her experience and expertise--
          (1) the amount of remuneration the Fellow will 
        receive for his or her service under this title, and
          (2) the period of the fellowship, which shall be 
        between one and two years.
    (c) Training.--Each Fellow may be given appropriate 
training at the Foreign Service Institute or other appropriate 
institution.
    (d) Housing and Transportation.--The Secretary of State 
shall, pursuant to regulations--
          (1) provide housing for each Fellow while the Fellow 
        is serving abroad, including (where appropriate) 
        housing for family members; and
          (2) pay the costs and expenses incurred by each 
        Fellow in traveling between the United States and the 
        country in which the Fellow serves, including (where 
        appropriate) travel for family members.
    (e) Effective Date.--Subsection (d) of this section shall 
not take effect until October 1, 1986.

SEC. 1005.\13\ SECRETARY OF STATE.

    (a) Determinations.--The Secretary of State shall determine 
which of the individuals selected by the Board will serve at 
each United States diplomatic or consular mission abroad \14\ 
and the position in which each will serve.
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    \13\ 22 U.S.C. 4904. Subsec. (b) was amended and restated by sec. 
187 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 
1989 (Public Law 100-204; 101 Stat. 1368).
    \14\ Sec. 9(d) of the Eisenhower Exchange Fellowship Act of 1990 
(sec. 9 cited as ``Fascell Fellowship Amendments Act of 1990''; Public 
Law 101-454; 104 Stat. 1066) struck out ``in the Soviet Union or 
Eastern Europe'' and inserted in lieu thereof ``abroad''.
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    (b) Authorities.--Fellows may be employed--
          (1) under a temporary appointment in the civil 
        service;
          (2) under a limited appointment in the Foreign 
        Service; or
          (3) by contract under the provisions of section 2(c) 
        of the State Department Basic Authorities Act of 1956.
    (c) Funding.--Funds appropriated to the Department of State 
for ``Salaries and Expenses'' shall be used for the expenses 
incurred in carrying out this title.\15\
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    \15\ Sec. 804(b) of the FREEDOM Support Act (Public Law 102-511; 
106 Stat. 3353) provided the following:
    ``(b) Funding.--In addition to the funds made available pursuant to 
section 1005(c) of that Act [Fascell Fellowship Act], funds authorized 
to be appropriated by chapter 11 of part I of the Foreign Assistance 
Act of 1961 may be used in carrying out the amendment made by 
subsection (a) with respect to missions in the independent states of 
the former Soviet Union.''.
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          * * * * * * *
   9. Soviet, Former Soviet, Eastern European Education and Training 
                                Programs

   a. Freedom for Russia and Emerging Eurasian Democracies and Open 
                      Markets Support Act of 1992

                          FREEDOM Support Act

Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved 
                            October 24, 1992

AN ACT To support freedom and open markets in the independent states of 
            the former Soviet Union, 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.\1\ SHORT TITLES.

    This Act may be cited as the ``Freedom for Russia and 
Emerging Eurasian Democracies and Open Markets Support Act of 
1992'' or the ``FREEDOM Support Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5801 note. See also the FRIENDSHIP Act (Public Law 
103-199; 107 Stat. 2317), in Legislation on Foreign Relations Through 
2001, vol. I-A.
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          * * * * * * *

TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND 
                    RELATED AGENCIES AND ACTIVITIES

SEC. 801.\2\ DESIGNATION OF EDMUND S. MUSKIE FELLOWSHIP PROGRAM. * * *
---------------------------------------------------------------------------

    \2\ Sec. 801 added the Edmund S. Muskie Fellowship Program to sec. 
227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 
1993 (22 U.S.C. 2452 note).
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SEC. 802. NEW DIPLOMATIC POSTS IN THE INDEPENDENT STATES.

    There are authorized to be appropriated for ``new 
diplomatic posts'' for personnel, support, and other expenses, 
not otherwise provided for, for the Department of State and the 
United States Information Agency to establish and operate new 
diplomatic posts in the independent states of former Soviet 
Union, $25,000,000 for fiscal year 1993, which are authorized 
to remain available until September 30, 1994.

SEC. 803.\3\ OCCUPANCY OF NEW CHANCERY BUILDINGS. * * *
---------------------------------------------------------------------------

    \3\ Sec. 803 repealed subsecs. (f) and (g) of section 132 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993.
---------------------------------------------------------------------------

SEC. 804.\4\ CERTAIN POSITIONS AT UNITED STATES MISSIONS.

    (a) Amendment.--Section 1004(a) of the Omnibus Diplomatic 
Security and Anti-Terrorism Act of 1986 is amended by adding at 
the end the following: ``Not less than 15 shall be provided 
during fiscal year 1993.''.
---------------------------------------------------------------------------
    \4\ Title X of the Omnibus Diplomatic Security and Anti-Terrorism 
Act of 1986 is the Fascell Fellowship Act.
---------------------------------------------------------------------------
    (b) \5\ Funding.--In addition to the funds made available 
pursuant to section 1005(c) of that Act, funds authorized to be 
appropriated by chapter 11 of part I of the Foreign Assistance 
Act of 1961 may be used in carrying out the amendment made by 
subsection (a) with respect to missions in the independent 
states of the former Soviet Union.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 4903 note.
---------------------------------------------------------------------------

SEC. 805.\6\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.

    For purposes of the International Organizations Immunities 
Act (22 U.S.C. 288 and following), the International 
Development Law Institute shall be considered to be a public 
international organization in which the United States 
participates under the authority of an Act of Congress 
authorizing such participation.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 288j. For International Organizations Immunities Act 
(Public Law 79-291), see page 2247.
---------------------------------------------------------------------------

SEC. 806.\7\ CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION 
                    ACTIVITIES. * * *
---------------------------------------------------------------------------

    \7\ Sec. 806 amended sec. 301(c) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991.
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SEC. 807.\8\ EXCHANGES AND TRAINING AND SIMILAR PROGRAMS.

    (a) Funding for Exchanges and Training and Similar 
Programs.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (1) Authorization of appropriations.--To carry out a 
        broad spectrum of exchanges, and of training and 
        similar programs to promote the objectives described in 
        section 498 of the Foreign Assistance Act of 1961, 
        between the United States and the independent states of 
        the former Soviet Union, there are authorized to be 
        appropriated for fiscal year 1993 (in addition to 
        amounts otherwise available for such purposes) the 
        following:
                  (A) $20,000,000 for exchange programs for 
                secondary school students.
                  (B) $30,000,000 for programs for participants 
                other than secondary school students, including 
                undergraduate and graduate students, farmers 
                and other agribusiness practitioners, and 
                participants in the exchanges carried out under 
                paragraph (2).
          (2) Local and regional self-government exchanges.--
        The Director of the United States Information Agency is 
        authorized to use funds authorized to be appropriated 
        by paragraph (1)(B) to conduct exchanges to provide 
        technical assistance in local and regional self-
        government to the independent states.
          (3) Report on proposed funding allocations.--Within 
        45 days after the date of the enactment of this Act, 
        the coordinator designated pursuant to section 102(a) 
        of this Act shall submit to the Congress a report 
        specifying the amount of funds authorized to be 
        appropriated by paragraph (1) that is proposed to be 
        allocated for each category of program and for each 
        Government agency.
          (4) Program administration.--
                  (A) USIA.--Educational, cultural, and any 
                other exchange programs carried out under this 
                subsection, including any such programs for 
                secondary school students, shall be 
                administered by the United States Information 
                Agency, and funds allocated for such programs 
                shall be transferred to that Agency.
                  (B) Other agencies.--Training and other non-
                exchange programs carried out under this 
                subsection shall be administered by the Agency 
                for International Development or such other 
                Government agency as has experience and 
                expertise in carrying out such programs.
          (5) Administrative expenses.--Up to 5 percent of the 
        funds made available to each Government agency under 
        this subsection may be used by that agency for 
        administrative expenses of program implementation.
    (b) Enhancement of USIA Educational and Cultural Exchange 
Programs.--In addition to amounts otherwise available for such 
purposes, there are authorized to be appropriated to the United 
States Information Agency for fiscal year 1993 for enhancement 
of existing educational and cultural exchange programs the 
following:
          (1) $9,950,000 for Fulbright Academic Exchange 
        Programs.
          (2) $10,850,000 for other programs administered by 
        the Bureau of Educational and Cultural Affairs.
    (c) \9\ Repeal.--Effective 6 months after the date of 
enactment of this Act, section 225 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, and the item 
relating to that section in the table of contents set forth in 
section 2 of that Act, are repealed.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
    (d) Agribusiness Exchanges.--
          (1) Authorization.--The President is authorized to 
        establish regional agribusiness offices at State 
        universities and land grant colleges in the United 
        States for the purpose of expanding exchanges between 
        agribusiness practitioners in the United States and 
        agribusiness practitioners in the independent states of 
        the former Soviet Union.
          (2) Limitation on funding sources.--Funds authorized 
        to be appropriated by this section or other provisions 
        of this Act (including chapter 11 of part I of the 
        Foreign Assistance Act of 1961) may not be used to 
        carry out this subsection.
          * * * * * * *
 b. Soviet-Eastern Europe Educational Exchange Programs in the Foreign 
        Relations Authorization Act, Fiscal Years 1992 and 1993

Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved 
 October 28, 1992; amended by Public Law 102-511 [FREEDOM Support Act; 
S. 2532], 106 Stat. 3320, approved October 24, 1992; and by Public Law 
  105-277 [Foreign Relations Authorization Act, Fiscal Years 1998 and 
1999; H.R. 4328], 112 Stat. 2681 at 2681-801, approved October 21, 1998

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

                PART A--UNITED STATES INFORMATION AGENCY

SEC. 210.\1\ CLAUDE AND MILDRED PEPPER SCHOLARSHIP PROGRAM.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 2452 note.
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  (a) Purpose.--It is the purpose of this section to provide 
Federal financial assistance to facilitate a program to enable 
high school and college students from emerging democracies, who 
are visiting the United States, to spend from one to two weeks 
in Washington, District of Columbia, observing and studying the 
workings and operations of the democratic form of government of 
the United States.
  (b) Grants.--The Director of the United States Information 
Agency is authorized to make grants to the Claude and Mildred 
Pepper Scholarship Program of the Washington Workshops 
Foundation to carry out the purpose specified in subsection 
(a).
  (c) \2\ Authorization of Appropriations.--There are 
authorized to be appropriated $1,000,000 for fiscal year 1992 
to carry out this section, of which not more than $500,000 is 
authorized to be available for obligation or expenditure during 
that fiscal year. Amounts appropriated pursuant to this 
subsection are authorized to be available until expended.
---------------------------------------------------------------------------
    \2\ The Department of State and Related Agencies Appropriations 
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided 
under educational and cultural exchange programs, that ``$1,000,000 
shall be available for the Claude and Mildred Pepper Scholarship 
Program of the Washington Workshops Foundation''.
    The Department of State and Related Agencies Appropriations Act, 
1993 (title V of Public Law 102-395; 106 Stat. 1870), provided under 
educational and cultural exchange programs, that ``$200,000 shall be 
available for the Claude and Mildred Pepper Scholarship Program of the 
Washington Workshops Foundation and $600,000 shall be available for the 
Institute for Representative Government.''.
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          * * * * * * *

           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

  In addition to amounts otherwise made available under section 
201 for such purposes, there are authorized to be appropriated 
to the Bureau of Educational and Cultural Affairs to carry out 
the purposes of the Mutual Educational and Cultural Exchange 
Act of 1961 the following amounts: * * * \2\
          (5) Other programs.--For ``East Europe Training 
        Projects'', ``Citizen Exchange Programs'', and the 
        ``Congress-Bundestag Exchange Program'', $14,028,000 
        for the fiscal year 1992 and $14,700,000 for the fiscal 
        year 1993.
          * * * * * * *
          (9) Soviet-american interparliamentary exchanges.--
        For the expenses of Soviet-American Interparliamentary 
        meetings and visits in the United States approved by 
        the joint leadership of the Congress, after an 
        opportunity for appropriate consultation with the 
        Secretary of State and the Director of the United 
        States Information Agency, there are authorized to be 
        appropriated $2,000,000 for the fiscal year 1992, of 
        which not more than $1,000,000 shall be available for 
        obligation or expenditure during that fiscal year. 
        Amounts appropriated under this subsection are 
        authorized to be available until expended.
          * * * * * * *

SEC. 223. USIA CULTURAL CENTER IN KOSOVO.

  (a) Establishment.--The Director of the United States 
Information Agency shall establish a cultural center in the 
capital of Kosovo in Yugoslavia when the Secretary of State 
determines that the physical security of the center and the 
personal safety of its employees may be reasonably assured.
  (b) Report.--Not later than 90 days after the date of 
enactment of this Act, and every 90 days thereafter until a 
center is established under subsection (a), the Director of the 
United States Information Agency shall submit a report to the 
Chairman of the Committee on Foreign Relations of the Senate 
and the Chairman of the Committee on Foreign Affairs \3\ of the 
House of Representatives on progress toward establishment of a 
center pursuant to subsection (a), including an assessment by 
the Secretary of State of the risks to physical and personal 
security of the establishment of such a center.
---------------------------------------------------------------------------
    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 225.\4\ * * * [REPEALED--1992]
---------------------------------------------------------------------------

    \4\ Formerly at 22 U.S.C. 2452 note. Sec. 225 established the 
``Eastern Europe Student Exchange Endowment Fund''. Sec. 807(c) of the 
FREEDOM Support Act (Public Law 102-511; 106 Stat. 3354) repealed sec. 
225, effective 6 months after the date of enactment of that Act 
(October 24, 1992). For text of sec. 225, see 105 Stat. 699.
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SEC. 226.\5\ ENHANCED EDUCATIONAL EXCHANGE PROGRAM.

  (a) Programs for Foreign Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to foreign students and scholars 
        by the Bureau of Educational and Cultural Affairs of 
        the United States Information Agency for the purpose of 
        study, research, or teaching in the United States shall 
        be increased by 100 over the number of such 
        scholarships provided in fiscal year 1991, subject to 
        the availability of appropriations.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only--
                  (A) to students and scholars from the new 
                democracies of Eastern Europe,
                  (B) to students and scholars from the Soviet 
                Union;
                  (C) to students and scholars from countries 
                determined by the Associate Director of the 
                Bureau of Educational and Cultural Affairs to 
                be not adequately represented in the foreign 
                student population in the United States.
  (b) Programs for United States Students and Scholars.--
          (1) Not later than September 30, 1993, the number of 
        scholarships provided to United States students and 
        scholars by the Bureau of Educational and Cultural 
        Affairs of the United States Information Agency for the 
        purpose of study, research, or teaching in other 
        countries shall be increased by 100 over the number of 
        such scholarships provided in fiscal year 1991, subject 
        to the availability of appropriations.
          (2) Scholarships provided to meet the requirements of 
        paragraph (1) shall be available only for study, 
        research, and teaching in the new democracies of 
        Eastern Europe, the Soviet Union, and non-European 
        countries.
  (c) Definition.--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, 
and living expenses at a United States or foreign educational 
institution.
  (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for the Bureau of 
Educational and Cultural Affairs, there are authorized to be 
appropriated $2,000,000 for fiscal year 1992 and $2,000,000 for 
fiscal year 1993 to carry out the purposes of this section. 
Amounts appropriated under this subsection are authorized to be 
available until expended.

SEC. 227.\5\ LAW AND BUSINESS TRAINING PROGRAM FOR GRADUATE STUDENTS 
                    FROM THE INDEPENDENT STATES OF THE FORMER SOVIET 
                    UNION, LITHUANIA, LATVIA, AND ESTONIA.\6\

  (a) Statement of Purpose.--The purpose of this section is to 
establish a scholarship program designed to bring students from 
the independent states of the former Soviet Union,\7\ 
Lithuania, Latvia, and Estonia to the United States for study 
in the United States.
---------------------------------------------------------------------------
    \6\ Sec. 2413(b)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-832) inserted ``INDEPENDENT STATES OF THE 
FORMER'' in the section catchline.
    \7\ Sec. 2413(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-832) struck out ``Soviet Union'' and inserted 
in lieu thereof ``independent states of the former Soviet Union'' in 
subsecs. (a), (b), and (c)(5).
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  (b) Scholarship Program Authority.--Subject to the 
availability of appropriations under subsection (d), the 
President, acting through the United States Information Agency, 
shall provide scholarships (including partial assistance) for 
study at United States institutions of higher education 
together with private and public sector internships by 
nationals of the independent states of the former Soviet 
Union,\7\ Lithuania, Latvia, and Estonia who have completed 
their undergraduate education and would not otherwise have the 
opportunity to study in the United States due to financial 
limitations.
  (c) Guidelines.--The scholarship program under this section 
shall be carried out in accordance with the following 
guidelines:
          (1) Consistent with section 112(b) of the Mutual 
        Educational and Cultural Exchange Act of 1961 (22 
        U.S.C. 2460(b)), all programs created pursuant to this 
        Act shall be nonpolitical and balanced, and shall be 
        administered in keeping with the highest standards of 
        academic integrity and cost-effectiveness.
          (2) The United States Information Agency shall design 
        ways to identify promising students for study in the 
        United States.
          (3) The United States Information Agency should 
        develop and strictly implement specific financial need 
        criteria. Scholarships under this Act may only be 
        provided to students who meet the financial need 
        criteria.
          (4) The program may utilize educational institutions 
        in the United States, if necessary, to help 
        participants acquire necessary skills to fully 
        participate in professional training.
          (5) Each participant shall be selected on the basis 
        of academic and leadership potential in the fields of 
        business administration, economics, law, or public 
        administration. Scholarship opportunities shall be 
        limited to fields that are critical to economic reform 
        and political development in the independent states of 
        the former Soviet Union,\7\ Lithuania, Latvia, and 
        Estonia, particularly business administration, 
        economics, law, or public administration.
          (6) The program shall be flexible to include not only 
        training and educational opportunities offered by 
        universities in the United States, but to also support 
        internships, education, and training in a professional 
        setting.
          (7) The program shall be flexible with respect to the 
        number of years of education financed, but in no case 
        shall students be brought to the United States for less 
        than one year.
          (8) Further allowance shall be made in the 
        scholarship for the purchase of books and related 
        educational material relevant to the program of study.
          (9) Further allowance shall be made to provide 
        opportunities for professional, academic, and cultural 
        enrichment for scholarship recipients.
          (10) The program shall, to the maximum extent 
        practicable, offer equal opportunities for both male 
        and female students to study in the United States.
          (11) The program shall, to the maximum extent 
        practicable, offer equal opportunities for students 
        from each of the independent stats of the former Soviet 
        Union,\8\ Lithuania, Latvia, and Estonia.
---------------------------------------------------------------------------
    \8\ Sec. 2413(b)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681-832) struck out ``Soviet republics'' and 
inserted in lieu thereof ``independent states of the former Soviet 
Union''.
---------------------------------------------------------------------------
          (12) The United States Information Agency shall 
        recommend to each student who receives a scholarship 
        under this section that the student include in their 
        course of study programs which emphasize the ideas, 
        principles, and documents upon which the United States 
        was founded.
  (d) Funding of Scholarships for Fiscal Year 1992 and Fiscal 
Year 1993.--There are authorized to be appropriated to the 
United States Information Agency $7,000,000 for fiscal year 
1992, and $7,000,000 for fiscal year 1993, to carry out this 
section.
  (e) Compliance With Congressional Budget Act.--Any authority 
provided by this section shall be effective only to the extent 
and in such amounts as are provided in advance in appropriation 
Acts.
    (f) \9\ Designation of Program and Scholarships.--
---------------------------------------------------------------------------
    \9\ Sec. 801 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3352) added subsec. (f).
---------------------------------------------------------------------------
          (1) The scholarship program established by this 
        section shall be known as the ``Edmund S. Muskie 
        Fellowship Program''.
          (2) Scholarships provided under this section shall be 
        known as ``Muskie Fellowships''.
          * * * * * * *
             c. Eisenhower Exchange Fellowship Act of 1990

  Public Law 101-454 [S. 2017], 104 Stat. 1063, approved October 24, 
   1990; amended by Public Law 103-415 [H.R. 5034], 108 Stat. 4299, 
approved October 25, 1994; Public Law 104-72 [S. 1465], 109 Stat. 776, 
   December 23, 1995; Public Law 104-99 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996, H.R. 1868, 
enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110 
Stat. 26, approved January 26, 1996, enacted against as Public Law 104-
107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996; Public Law 
 104-134 [Department of State and Related Agencies Appropriations Act, 
      1996, title IV of the Omnibus Consolidated Rescissions and 
  Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321-36, approved 
April 26, 1996; and by Public Law 105-244 [Higher Education Amendments 
       of 1998; H.R. 6], 112 Stat. 1581, approved October 7, 1998

  AN ACT To provide a permanent endowment for the Eisenhower Exchange 
                          Fellowship Program.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.
---------------------------------------------------------------------------

    \1\ 20 U.S.C. 5201 note.
---------------------------------------------------------------------------
    This Act may be cited as the ``Eisenhower Exchange 
Fellowship Act of 1990''.

SEC. 2.\2\ PURPOSES.
---------------------------------------------------------------------------

    \2\ 20 U.S.C. 5201.
---------------------------------------------------------------------------
    The purposes of this Act are--
          (1) to provide a permanent endowment for the 
        Eisenhower Exchange Fellowship Program;
          (2) to honor Dwight D. Eisenhower for his character, 
        courage, and patriotism, and for his leadership based 
        on moral integrity and trust;
          (3) to pay tribute to President Eisenhower's 
        leadership in war and peace, through his diverse 
        understanding of history, practical affairs, and the 
        hearts of humankind;
          (4) to address America's need for the best possible 
        higher education of its young talent for a competitive 
        world which shares a common and endangered environment;
          (5) to advance the network of friendship and trust 
        already established in President Eisenhower's name, so 
        that it may continue to grow to the imminent challenges 
        of the 21st century;
          (6) to complete Dwight David Eisenhower's crusade to 
        liberate the people's \3\ of Europe from oppression;
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    \3\ So in original. Should read peoples.
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          (7) to deepen and expand relationships with European 
        nations developing democracy and self-determination; 
        and
          (8) to honor President Dwight D. Eisenhower on the 
        occasion of the centennial of his birth through 
        permanent endowment of an established fellowship 
        program, the Eisenhower Exchange Fellowships, to 
        increase educational opportunities for young leaders in 
        preparation for and enhancement of their professional 
        careers, and advancement of peace through international 
        understanding.

SEC. 3.\4\ EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND.
---------------------------------------------------------------------------

    \4\ 20 U.S.C. 5202.
---------------------------------------------------------------------------
    (a) Establishment.--There is established in the Treasury of 
the United States a trust fund to be known as the Eisenhower 
Exchange Fellowship Program Trust Fund (hereinafter in this Act 
referred to as the ``fund''). The fund shall consist of amounts 
authorized to be appropriated under section 5 of this Act.
    (b) Investment in Interest Bearing Obligations.--It shall 
be the duty of the Secretary of the Treasury to invest in full 
amounts appropriated to the fund. Such investments may be made 
only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interests \5\ 
by the United States. For such purpose, such obligations may be 
acquired (1) on original issue at the issue price, or (2) by 
purchase of outstanding obligations at the market price. The 
purposes for which obligations of the United States may be 
issued under chapter 31 of title 31, are hereby extended to 
authorize the issuance at par of special obligations 
exclusively to the fund. Such special obligations shall bear 
interest at a rate equal to the average rate of interest, 
computed as to the end of the calendar month next preceding the 
date of such issue borne by all marketable interest-bearing 
obligations of the United States then forming a part of the 
public debt; except that where such average rate is not a 
multiple of one-eighth of 1 percent, the rate of interest of 
such special obligations shall be the multiple of one-eighth of 
1 percent next lower than such average rate. Such special 
obligations shall be issued only if the Secretary determines 
that the purchase of other than interest-bearing obligations of 
the United States, or of obligations guaranteed as to both 
principal and interest by the United States or original issue 
or at the market price, is not in the public interest.
---------------------------------------------------------------------------
    \5\ Should probably read ``interest''.
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    (c) Sale and Redemption of Obligations.--Any obligation 
acquired by the fund (except special obligations issued 
exclusively to the fund) may be sold by the Secretary of the 
Treasury at the market price, and such special obligations may 
be redeemed at par plus accrued interest.
    (d) Credit to the Fund of Interest and Proceeds of Sale or 
Redemption.--The interest on, and the proceeds from the sale or 
redemption of, any obligations held in the fund shall be 
credited to and form a part of the fund.

SEC. 4.\6\ EXPENDITURE AND AUDIT OF TRUST FUND.
---------------------------------------------------------------------------

    \6\ 20 U.S.C. 5203.
---------------------------------------------------------------------------
    (a) Authorization of Funding.--For each fiscal year, there 
is authorized to be appropriated from the fund to Eisenhower 
Exchange Fellowships, Incorporated, the interest and earnings 
of the fund.
    (b) Access to Books, Records, Etc. by General Accounting 
Office.--The activities of Eisenhower Exchange Fellowships, 
Incorporated, may be audited by the General Accounting Office 
under such rules and regulations as may be prescribed by the 
Comptroller General of the United States. The representatives 
of the General Accounting Office shall have access to all 
books, accounts, records, reports, and files and all other 
papers, things, or property belonging to or in use by 
Eisenhower Exchange Fellowships, Incorporated, pertaining to 
such activities and necessary to facilitate the audit.

SEC. 5.\7\ AUTHORIZATION OF APPROPRIATIONS.
---------------------------------------------------------------------------
    \7\ 20 U.S.C. 5204. The Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 1(a)(2) of Public Law 106-553; 114 Stat. 2762A-94), provided 
the following:
---------------------------------------------------------------------------

          ``eisenhower exchange fellowship program trust fund
---------------------------------------------------------------------------
    ``For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2001, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122) (Cost Principles for Non-profit 
Organizations), including the restrictions on compensation for personal 
services.''.
---------------------------------------------------------------------------
    To provide a permanent endowment for the Eisenhower 
Exchange Fellowship Program, there are authorized to be 
appropriated to the Eisenhower Exchange Fellowships Program 
Trust Fund--
          (1) $2,500,000, or
          (2) the lesser of--
                  (A) $2,500,000, or
                  (B) an amount equal to contributions to 
                Eisenhower Exchange Fellowships, Incorporated, 
                from private sector sources during the 4-year 
                period beginning on the date of enactment of 
                this Act.

SEC. 6.\8\ USE OF INCOME ON THE ENDOWMENT.
---------------------------------------------------------------------------

    \8\ 20 U.S.C. 5205.
---------------------------------------------------------------------------
    (a) \9\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \9\ Sec. 407 of the Department of State and Related Agencies 
Appropriations Act, 1996 (title IV of Public Law 104-134; 110 Stat. 
1321-45) repealed subsecs. (a) and (b), which had read as follows:
    ``(a) Requirement for Funding of United States Fellows in Emerging 
European Democracies.--For any fiscal year, not less than 50 percent of 
the amounts made available to Eisenhower Exchange Fellowships, 
Incorporated, pursuant to section 4(a) shall be available only to 
assist United States fellows in traveling to and studying in emerging 
European democracies.
    ``(b) Limitation on Study in United States.--For any fiscal year, 
not more than 50 percent of the amounts made available to Eisenhower 
Exchange Fellowships, Incorporated, pursuant to section 4(a) shall be 
available to assist foreign fellows in traveling to and studying in the 
United States.''.
    Sec. 407 of Public Law 104-134 (22 U.S.C. 5203 note), furthermore, 
provided the following:
    ``Sec. 407. Sections 6(a) and 6(b) of Public Law 101-454 are 
repealed. In addition, notwithstanding any other provision of law, 
Eisenhower Exchange Fellowships, Incorporated, may use one-third of any 
earned but unused trust income from the period 1992 through 1995 for 
Fellowship purposes in each of fiscal years 1996 through 1998.''.
---------------------------------------------------------------------------
    (b) \9\ * * * [Repealed--1996]
    (c) Agricultural Exchange Program.--For any fiscal year, as 
may be determined by Eisenhower Exchange Fellowships, 
Incorporated, a portion of the amounts made available to 
Eisenhower Exchange Fellowships, Incorporated, pursuant to 
section 4(a) shall be used to provide fellowships for 
agricultural exchange programs for farmers from the United 
States and foreign countries.
    (d) Participation by United States Minority Populations.--
In order to ensure that the United States fellows participating 
in programs of the Eisenhower Exchange Fellowships, 
Incorporated, are representatives of the cultural, ethnic, and 
racial diversity of the American people, of the amounts made 
available to Eisenhower Exchange Fellowships, Incorporated, 
pursuant to section 4(a) which are obligated and expended for 
United States fellowship programs, not less than 10 percent 
shall be available only for participation by individuals who 
are representative of United States minority populations.

SEC. 7.\10\ REPORT TO CONGRESS.
---------------------------------------------------------------------------

    \10\ 20 U.S.C. 5206.
---------------------------------------------------------------------------
    For any fiscal year for which Eisenhower Exchange 
Fellowships, Incorporated, receive funds pursuant to section 
4(a) of this Act, Eisenhower Exchange Fellowships, 
Incorporated, shall prepare and transmit to the President and 
the Congress a report of its activities for such fiscal year.

SEC. 8.\11\ * * * [Repealed--1995]
---------------------------------------------------------------------------

    \11\ Sec. 1 of Public Law 104-72 (109 Stat. 776) repealed sec. 8, 
relating to the extension of au pair programs. Sec. 1 further provided 
the following:
    ``(b) Authority for Au Pair Programs.--The Director of the United 
States Information Agency is authorized to continue to administer an au 
pair program, operating on a world-wide basis, through fiscal year 
1997.
    ``(c) Report.--Not later than October 1, 1996, the Director of the 
United States Information Agency shall submit a report regarding the 
continued extension of au pair programs to the Committee on Foreign 
Relations of the Senate and the Committee on International Relations of 
the House of Representatives. This report shall specifically detail the 
compliance of all au pair organizations with regulations governing au 
pair programs as published on February 15, 1995.''.
    Sec. 581 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1996 (as enacted by reference in sec. 301 
of Public Law 104-99; 110 Stat. 26), amended sec. 8 (after its repeal) 
to extend the authority therein to fiscal year 1996.
---------------------------------------------------------------------------

SEC. 9.\12\ FASCELL FELLOWSHIP PROGRAM. * * *
---------------------------------------------------------------------------

    \12\ Sec. 9 consisted entirely of amendments to the Fascell 
Fellowship Act (22 U.S.C. 4901 et seq.), and have been incorporated 
into that Act.
---------------------------------------------------------------------------
          * * * * * * *
d. Research and Training for Eastern Europe and the Independent States 
                 of the Former Soviet Union Act of 1983

 Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1047, 
  approved November 22, 1983; amended by Public Law 102-138 [Foreign 
 Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 
     105 Stat. 647, approved October 28, 1991; Public Law 103-199 
[FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

     TITLE VIII--RESEARCH AND TRAINING FOR EASTERN EUROPE AND THE 
           INDEPENDENT STATES OF THE FORMER SOVIET UNION \1\

                              short title

    Sec. 801.\1\ This title may be cited as the ``Research and 
Training for Eastern Europe and the Independent States of the 
Former Soviet Union Act of 1983''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 4501 note. Sec. 302(1) and (2) of the FRIENDSHIP Act 
(Public Law 103-199; 107 Stat. 2322) amended and restated the title 
heading and the short title in section 801. Each formerly referred to 
``Soviet-Eastern European Research and Training''.
---------------------------------------------------------------------------

                       findings and declarations

    Sec. 802.\2\ The Congress finds and declares that--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 4501.
---------------------------------------------------------------------------
          (1) factual knowledge, independently verified, about 
        the countries of Eastern Europe and the independent 
        states of the former Soviet Union \3\ is of the utmost 
        importance for the national security of the United 
        States, for the furtherance of our national interests 
        in the conduct of foreign relations, and for the 
        prudent management of our domestic affairs;
---------------------------------------------------------------------------
    \3\ In paras. (1), (2), and (3)(E) of this section, sec. 302 of the 
FRIENDSHIP Act (Public Law 103-199; 107 Stat. 2322) struck out ``Soviet 
Union and Eastern European countries '', and inserted in lieu thereof 
``countries of Eastern Europe and the independent states of the former 
Soviet Union''.
---------------------------------------------------------------------------
          (2) the development and maintenance of knowledge 
        about the countries of Eastern Europe and the 
        independent states of the former Soviet Union \3\ 
        depends upon the national capability for advanced 
        research by highly trained and experienced specialists, 
        available for service in and out of Government;
          (3) certain essential functions are necessary to 
        ensure the existence of that knowledge and the 
        capability to sustain it, including--
                  (A) graduate training;
                  (B) advanced research;
                  (C) public dissemination of research data, 
                methods, and findings;
                  (D) contact and collaboration among 
                Government and private specialists; and
                  (E) firsthand experience of the countries of 
                Eastern Europe and the independent states of 
                the former Soviet Union \3\ by American 
                specialists, including on site conduct of 
                advanced training and research to the extent 
                practicable; and
          (4) it is in the national interest for the United 
        States Government to provide a stable source of 
        financial support for the functions described in this 
        section and to supplement the financial support for 
        those functions which is currently being furnished by 
        Federal, State, local regional, and private agencies, 
        organizations, and individuals, and thereby to 
        stabilize the conduct of these functions on a national 
        scale, consistently, and on a long range unclassified 
        basis.

                              definitions

    Sec. 803.\4\ As used in this title--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 4502.
---------------------------------------------------------------------------
          (1) the term ``institution of higher education'' has 
        the same meaning given such term in section 101 \5\ of 
        the Higher Education Act of 1965; and
---------------------------------------------------------------------------
    \5\ Sec. 102(a)(7)(C) of Public Law 105-244 (112 Stat. 1619) struck 
out ``1201(a)'' and inserted in lieu thereof ``101''.
---------------------------------------------------------------------------
          (2) the term ``Advisory Committee'' means the 
        Advisory Committee for Studies of Eastern Europe and 
        the Independent States of the Former Soviet Union \6\ 
        established by section 804(a).
---------------------------------------------------------------------------
    \6\ Sec. 302(4) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet-Eastern European Studies Advisory 
Committee'' and inserted in lieu thereof ``Advisory Committee for 
Studies of Eastern Europe and the Independent States of the Former 
Soviet Union''.
---------------------------------------------------------------------------

                establishment of advisory committee \7\

    Sec. 804.\7\ (a) There is established within the Department 
of State the Advisory Committee for Studies of Eastern Europe 
and the Independent States of the Former Soviet Union \8\ which 
shall be composed of the Secretary of State, the Secretary of 
Defense, the Secretary of Education, the Librarian of Congress, 
the President of the American Association for the Advancement 
of Slavic Studies, and the President of the Association of 
American Universities. The Secretary of State shall be the 
Chairman.\9\
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 4503. Sec. 302(5)(A) of the FRIENDSHIP Act (Public 
Law 103-199; 107 Stat. 2323) struck out ``the soviet-eastern european 
studies'' before ``advisory committee'' in the section heading.
    \8\ Sec. 302(5)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``Soviet-Eastern European Studies Advisory 
Committee '', and inserted in lieu thereof ``Advisory Committee for 
Studies of Eastern Europe and the Independent States of the Former 
Soviet Union''.
    \9\ The functions conferred upon the Secretary of State by this 
subsection are delegated to the Assistant Secretary of State for 
Intelligence and Research, pursuant to State Department Delegation of 
Authority No. 208 of November 30, 1993 (Public Notice 1924; 59 F.R. 
1054; January 7, 1994).
---------------------------------------------------------------------------
    (b) The Advisory Committee shall meet at the call of the 
Chairman and shall hold at least one meeting each year. Three 
members of the Advisory Committee shall constitute a quorum.
    (c) The Secretary of State may detail personnel of the 
Department of State to provide technical and clerical 
assistance to the Advisory Committee in carrying out its 
functions under this title.
    (d) The Advisory Committee shall recommend grant policies 
for the advancement of the objectives of this title. In 
proposing recipients for grants under this title, the Advisory 
Committee shall give the highest priority to national 
organizations with an interest and expertise in conducting 
research and training concerning the countries of Eastern 
Europe and the independent states of the former Soviet Union 
\10\ and in disseminating the results of such research. In 
making its recommendations, the Advisory Committee shall 
emphasize the development of a stable, long-term research 
program.
---------------------------------------------------------------------------
    \10\ Sec. 302(5)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``Soviet and Eastern European countries'', and 
inserted in lieu thereof ``the countries of Eastern Europe and the 
independent states of the former Soviet Union''.
---------------------------------------------------------------------------

                       authority to make payments

    Sec. 805.\11\ (a) The Secretary of State, after 
consultation with the Advisory Committee, shall make payments, 
in accordance with the provisions of this section, out of funds 
made available to carry out this title.\12\
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 4504.
    \12\ The functions of making payments conferred upon the Secretary 
of State by this subsec. were delegated to the Director of the Bureau 
of Intelligence and Research, pursuant to State Department Delegation 
of Authority No. 155 (September 21, 1984, 49 F.R. 39002).
---------------------------------------------------------------------------
    (b)(1) One part of the payments made in each fiscal year 
shall be used to conduct a national research program at the 
postdoctoral or equivalent level, such program to include--
          (A) the dissemination of information about the 
        research program and the solicitation of proposals for 
        research contracts from American institutions of higher 
        education and not-for-profit corporations, such 
        contracts to contain shared-cost provisions; and
          (B) the awarding of contracts for such research 
        projects as the respective institution determines will 
        best serve to carry out the purposes of this title 
        after reviewing proposals submitted under subparagraph 
        (A).
    (2) One part of the payments made in each fiscal year shall 
be used--
          (A) to establish and carry out a program of graduate, 
        postdoctoral, and teaching fellowships for advanced 
        training in studies on the countries of Eastern Europe 
        and the independent states of the former Soviet Union 
        \13\ and related studies, such program--
---------------------------------------------------------------------------
    \13\ Sec. 302(6)(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``Soviet and Eastern European studies'', and 
inserted in lieu thereof ``studies on the countries of Eastern Europe 
and the independent states of the former Soviet Union'' in paras. 
(2)(A), (2)(B), and (6) of sec. 805(b).
---------------------------------------------------------------------------
                  (i) to be coordinated with the research 
                program described in paragraph (1);
                  (ii) to be conducted, on a shared-cost basis, 
                at American institutions of higher education; 
                and
                  (iii) to include--
                          (I) the dissemination of information 
                        on the fellowship program and the 
                        solicitation of applications for 
                        fellowships from qualified institutions 
                        of higher education and qualified 
                        individuals; and
                          (II) the awarding of such fellowships 
                        as the respective institution 
                        determines will best serve to carry out 
                        the purposes of this title after 
                        reviewing applications submitted under 
                        subclause (I); and
          (B) to disseminate research, data, and findings on 
        studies on the countries of Eastern Europe and the 
        independent states of the former Soviet Union \13\ and 
        related fields in such a manner and to such extent as 
        the respective institution determines will best serve 
        to carry out the purposes of this title.
    (3) One part of the payments made in each fiscal year shall 
be used--
          (A) to provide fellowship and research support for 
        American specialists in the independent states of the 
        former Soviet Union and the countries of Eastern Europe 
        and related fields \14\ to conduct advanced research 
        with particular emphasis upon the use of data on those 
        states and countries; \15\ and
---------------------------------------------------------------------------
    \14\ Sec. 302(6)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``fields of Soviet and Eastern European studies 
and related studies'', and inserted in lieu thereof ``independent 
states of the former Soviet Union and the countries of Eastern Europe 
and related fields'' in paras. (3)(A) and (3)(B) of sec. 805(b).
    \15\ Sec. 302(6)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) struck out ``the Soviet Union and Eastern European 
countries'', and inserted in lieu thereof ``those states and 
countries''.
---------------------------------------------------------------------------
          (B) to conduct seminars, conferences, and other 
        similar workshops designed to facilitate research 
        collaboration between Government and private 
        specialists in the independent states of the former 
        Soviet Union and the countries of Eastern Europe and 
        related fields.\14\
    (4) One part of the payments made in each fiscal year shall 
be used to conduct specialized programs in advanced training 
and research on a reciprocal basis in the independent states of 
the former Soviet Union \16\ and the countries of Eastern 
Europe designed to facilitate access for American specialists 
to research institutes, personnel, archives, documentation, and 
other research and training resources located in those states 
and countries.\17\
---------------------------------------------------------------------------
    \16\ Sec. 302(6)(D)(i) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2323) struck out ``Union of Soviet Socialist Republics'', and 
inserted in lieu thereof ``independent states of the former Soviet 
Union''.
    \17\ Sec. 302(6)(D)(ii) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2323) struck out ``the Union of Soviet Socialist Republics 
and Eastern European countries'', and inserted in lieu thereof ``those 
states and countries''.
---------------------------------------------------------------------------
    (5) One part of the payments made in each fiscal year shall 
be used to support ``training in the languages of the 
independent states of the former Soviet Union and the countries 
of Eastern Europe.\18\ Such payments shall include grants to 
individuals to pursue such training and to summer language 
institutes operated by institutions of higher education. 
Preference shall be given for Russian language studies and, as 
appropriate, studies of other languages of the independent 
states of the former Soviet Union.\19\
---------------------------------------------------------------------------
    \18\ Sec. 302(6)(E)(i) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2323) struck out ``language training in Russian and Eastern 
European languages.'', and inserted in lieu thereof ``training in the 
languages of the independent states of the former Soviet Union and the 
countries of Eastern Europe.''
    \19\ Sec. 302(6)(E)(ii) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2323) inserted ``and, as appropriate, studies of other 
languages of the independent states of the former Soviet Union''.
---------------------------------------------------------------------------
    (6) Payments may be made to carry out other research and 
training in studies on the countries of Eastern Europe and the 
independent states of the former Soviet Union \13\ not 
otherwise described in this section.

            applications; payments to eligible organizations

    Sec. 806.\20\ (a) Any institution seeking funding under 
this title shall prepare and submit an application to the 
Secretary of State once each fiscal year. Each such application 
shall--
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 4505.
---------------------------------------------------------------------------
          (1) provide a description of the purposes for which 
        the payments will be used in accordance with section 
        805; and
          (2) provide such fiscal control and such accounting 
        procedures as may be necessary (A) to ensure a proper 
        accounting of Federal funds paid under this title, and 
        (B) to ensure the verification of the costs of the 
        continuing education and research programs conducted 
        under this title.
    (b) Payments under this title may be made in installments, 
in advance, or by way of reimbursement, with necessary 
adjustments on account of overpayments and underpayments.

                                 report

    Sec. 807.\21\ The Secretary of State shall prepare and 
submit to the President and the Congress at the end of each 
fiscal year in which an institution receives assistance under 
this title a report of the activities of such institution 
supported by such assistance, if the administrative expenses of 
such institution which are covered by such assistance represent 
more than 10 percent of such assistance, together with such 
recommendations as the Advisory Committee deems advisable.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 4506.
---------------------------------------------------------------------------

                federal control of education prohibited

    Sec. 808.\22\ Nothing contained in this title may be 
construed to authorize any department, agency, officer, or 
employee of the United States to exercise any direction, 
supervision, or control over the curriculum, program of 
instruction or research, administration, or personnel of any 
educational institution.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 4507.
---------------------------------------------------------------------------

                          allocation of funds

    Sec. 809.\23\ Of the funds authorized to be appropriated by 
section 102(1) of this Act--\24\
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 4508.
    Previous years' authorizations were: fiscal year 1986--$4,800,000; 
fiscal year 1987--$5,000,000; fiscal year 1988--$4,600,000; fiscal year 
1989--$5,000,000; fiscal year 1990--$4,600,000; fiscal year 1991--
$5,200,000; fiscal year 1992--$4,784,000; fiscal year 1993--$5,025,000.
    \24\ Sec. 102(1) authorized funds for ``Administration of foreign 
affairs'' within the Department of State for fiscal years 1984 and 
1985. Authorizations for ``Soviet-East European Research and Training'' 
in following years appeared in State Department Authorization Acts for 
those years.
---------------------------------------------------------------------------
          (1) up to $5,000,000 for the fiscal year 1984 shall 
        be available to carry out this title; and
          (2) $5,000,000 for the fiscal year 1985 shall be 
        available only to carry out this title.

                              termination

    Sec. 810.\25\ * * * [Repealed--1991]
---------------------------------------------------------------------------
    \25\ Formerly at 22 U.S.C. 4509. Sec. 810 was repealed by sec. 209 
of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(Public Law 102-138; 105 Stat. 694). It had provided that ``The 
provisions of this title shall cease to be effective at the end of the 
10-year period beginning on the date of enactment of this title.''.
                   10. United States--India Programs

 a. United States-India Fund for Cultural, Educational, and Scientific 
                            Cooperation Act

Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017, at 1051, 
  approved November 22, 1983; as amended by Public Law 99-93 [Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 
Stat. 405, approved August 16, 1985; and by Public Law 100-204 [Foreign 
 Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 
                 101 Stat. 1331, approved December 1987

 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

   TITLE IX--UNITED STATES-INDIA FUND FOR CULTURAL, EDUCATIONAL, AND 
                         SCIENTIFIC COOPERATION

                              short title

    Sec. 901. This title may be cited as the ``United States-
India Fund for Cultural, Educational, and Scientific 
Cooperation Act''.

                       establishment of the fund

    Sec. 902.\1\ (a) The President \2\ is authorized to enter 
into an agreement with the Government of India for the 
establishment of a fund (hereafter in this title referred to as 
the ``Fund'') which would provide grants and other assistance 
for cultural, educational, and scientific programs of mutual 
interest. Such programs may include exchanges of persons, 
exchanges of information, and other programs of study, 
research, and scholarly cooperation. The agreement may also 
provide for the establishment of an endowment, a foundation, or 
other means to carry out the purposes of the agreement.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 290j.
    \2\ Executive Order 12517 of May 29, 1985, delegated all functions 
vested in the President by this Act to the Secretary of State.
---------------------------------------------------------------------------
    (b) The United States representatives on any board or other 
entity created in accordance with the agreement to administer 
the Fund shall be designated by the President predominately 
from among representatives of United States Government 
agencies, including those administering programs which may be 
supported in whole or in part by the Fund.
    (c) United States Government agencies carrying out programs 
of the types specified in subsection (a) may receive amounts 
directly from the Fund for use in carrying out those programs.

        use of united states owned rupees to capitalize the fund

    Sec. 903.\3\ (a) Subject to applicable requirements 
concerning reimbursement to the Treasury for United States 
owned foreign currencies, the President may make available to 
the Fund, for use in carrying out the agreement authorized by 
section 902, up to the equivalent of $200,000,000 in foreign 
currencies owned by the United States in India or owed to the 
United States by the Government of India. Such use may include 
investment in order to generate interest which would be 
retained in the Fund and used to support programs pursuant to 
that agreement.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 290j-1.
---------------------------------------------------------------------------
    (b) \4\ In accordance with the agreement negotiated 
pursuant to section 902(a), sums made available for investment 
for the United States-India Fund for Cultural, Educational, and 
Scientific Cooperation under the Departments of Commerce, 
Justice, and State, and the Judiciary and Related Agencies 
Appropriations Act, 1985, and any earnings on such sums shall 
be available for the purposes of section 902(a).
---------------------------------------------------------------------------
    \4\ Subsec. (b), originally added by Public Law 99-93 (99 Stat. 
405), was amended and restated by sec. 305 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204, 101 
Stat. 1379).
  b. Delegation Concerning the United States-India Fund for Cultural, 
                Educational, and Scientific Cooperation

 Executive Order 12517 of May 29, 1985, 50 F.R. 23105, 22 U.S.C. 290j 
                                  note

    By the authority vested in me as President by the 
Constitution and statutes of the United States of America, 
including section 301 of Title 3 of the United States Code, and 
in order to delegate certain functions concerning the United 
States-India Fund for Cultural, Educational, and Scientific 
Cooperation to the Secretary of State it is hereby ordered as 
follows:
    Section 1. All functions vested in the President by the 
United States-India Fund for Cultural, Educational, and 
Scientific Cooperation Act (Title IX of Public Law 98-164, 97 
Stat. 1051; ``the Act'') are delegated to the Secretary of 
State.
    Sec. 2. India rupees provided to the President for purposes 
of Title IX of the Act and under Title III of the Departments 
of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriation Act, 1985 (Public Law 98-411, 98 Stat. 
1545) are allocated to the Secretary of the Treasury for 
investment to generate earnings for purposes of Title IX of the 
Act.
          11. Dante B. Fascell North-South Center Act of 1991

 Sec. 208 of Public Law 102-138 [Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647 at 694, approved 
October 28, 1991; amended by Public Law 106-29 [Dante B. Fascell North-
    South Center Act; H.R. 432], 113 Stat. 54, approved May 21, 1999

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

          * * * * * * *

SEC. 208.\1\ CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN 
                    NORTH AND SOUTH.

    (a) Short Title.--This section may be cited as the ``Dante 
B. Fascell North-South Center Act of 1991''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2075. Sec. 1(1) of Public Law 106-29 (113 Stat. 54) 
restated subsec. (a) to strike out ``North/South Center Act of 1991'' 
and insert in lieu thereof ``Dante B. Fascell North-South Center Act of 
1991''.
    See also establishment of the International University for the 
Americas, sec. 604 of Public Law 102-549 (106 Stat. 3671; 22 U.S.C. 
2077), in Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
  (b) Purpose.--The purpose of this section is to promote 
better relations between the United States and the nations of 
Latin America and the Caribbean and Canada through cooperative 
study, training, and research, by supporting in Florida a 
Center for Cultural and Technical Interchange Between North and 
South where scholars and students in various fields from the 
nations of the hemisphere may study, give and receive training, 
exchange ideas and views, and conduct other activities 
consistent with the objectives of the Mutual Educational and 
Cultural Exchange Act of 1961 and other Acts promoting 
international, educational, cultural, scientific, and related 
activities of the United States.
  (c) \2\ Dante B. Fascell North-South Center.--In order to 
carry out the purpose of this section, the Director of the 
United States Information Agency shall provide for the 
operation in Florida of an educational institution which shall 
be known and designated as the Dante B. Fascell North-South 
Center,\3\ through arrangements with public, educational, or 
other nonprofit institutions.
---------------------------------------------------------------------------
    \2\ Sec. 1(2)(A) of Public Law 106-29 (113 Stat. 54) struck out 
``North/South Center'' and insert in lieu thereof ``Dante B. Fascell 
North-South Center'' in the subsec. heading.
    \3\ Sec. 1(2)(B) of Public Law 106-29 (113 Stat. 54) struck out 
``known as the North/South Center,'' and inserted in lieu thereof 
``which shall be known and designated as the Dante B. Fascell North-
South Center''.
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  (d) Authorities.--The Director of the United States 
Information Agency, in carrying out this section, may utilize 
the authorities of the Mutual Educational and Cultural Exchange 
Act of 1961. Section 704(b) of the Mutual Security Act of 1960 
(22 U.S.C. 2056(b)) shall apply in the administration of this 
section. In order to carry out the purposes of this section, 
the Dante B. Fascell North-South Center \4\ is authorized to 
use funds made available under this section to acquire property 
and facilities, by construction, lease, or purchase.
---------------------------------------------------------------------------
    \4\ Sec. 1(3) of Public Law 106-29 (113 Stat. 54) struck out 
``North/South Center'' and inserted in lieu thereof ``Dante B. Fascell 
North-South Center''.
---------------------------------------------------------------------------
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated $5,000,000 for fiscal year 1992 and $10,000,000 
for each subsequent fiscal year to carry out this section. 
Amounts appropriated under this section are authorized to be 
available until expended.\5\
---------------------------------------------------------------------------
    \5\ Sec. 104(a)(3) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), provided the following:
    ``(3) Dante b. fascell north-south center.--For ``Dante B. Fascell 
North-South Center'' $2,500,000 for the fiscal year 2000 and $2,500,000 
for the fiscal year 2001.''.
---------------------------------------------------------------------------
  (f) Repeal.--Effective October 1, 1991, the section enacted 
by the third proviso under the heading ``education and human 
resources development, development assistance'' in the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1991, is repealed.\6\
---------------------------------------------------------------------------
    \6\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1984) provided the following:
---------------------------------------------------------------------------

                    ``education and human resources

                 ``development, development assistance
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of section 
105, $134,201,000: Provided * * * further, That $10,000,000 of the 
funds appropriated by this paragraph shall be made available to carry 
out section 206 (relating to the Center for Cultural and Technical 
Interchange Between North and South) of the House engrossed amendment 
(as passed the House of Representatives on May 24, 1990) to the bill S. 
2364, and that section is hereby enacted: * * *''.
12. Center for Cultural and Technical Interchange Between East and West 
                              Act of 1960

 Partial text of Public Law 86-472 [Mutual Security Act of 1960; H.R. 
        11510], 74 Stat. 134, approved May 14, 1960, as amended

          * * * * * * *

Chapter VII--Center for Cultural and Technical Interchange Between East 
                                and West

    Sec. 701. This chapter may be cited as the ``Center for 
Cultural and Technical Interchange Between East and West Act of 
1960''.
    Sec. 702.\1\ The purpose of this chapter is to promote 
better relations and understanding between the United States 
and the nations of Asia and the Pacific (hereinafter referred 
to as ``the East'') through cooperative study, training, and 
research, by establishing in Hawaii a Center for Cultural and 
Technical Interchange Between East and West where scholars and 
students in various fields from the nations of the East and 
West may study, give and receive training, exchange ideas and 
views, and conduct other activities primarily in support of the 
objectives of the United States Information and Educational 
Exchange Act of 1948, as amended, title III of chapter II of 
the Mutual Security Act of 1954, and other Acts promoting the 
international, educational, cultural, and related activities of 
the United States.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2054.
---------------------------------------------------------------------------
    Sec. 703.\2\ In order to carry out the purpose of this 
chapter the Secretary of State \3\ (hereinafter referred to as 
the ``Secretary'') shall provide for--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2055.
    \3\ Pursuant to sec. 7(a) of Reorganization Plan No. 2 of 1977, all 
functions vested in the President, Secretary of State, the Department 
of State, the Director of the United States Information Agency, and the 
United States Information Agency by this Act were transferred to the 
Director of the International Communication Agency. The codified 
version of this Act has been changed to reflect this transfer of 
authority.
    Subsequently, sec. 303 of Public Law 97-241 (96 Stat. 291) 
redesignated the International Communication Agency as the United 
States Information Agency and stated that any reference to the 
International Communication Agency in any statute, reorganization plan, 
Executive order, regulation, agreement, determination, or other 
official document or proceeding, shall be deemed to be a reference to 
the United States Information Agency. Sec. 303 also stated that 
references to the Director or other official of the International 
Communication Agency shall be deemed to refer to the Director or other 
official of the United States Information Agency.
    Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
---------------------------------------------------------------------------
          (1) the establishment and operation in Hawaii of an 
        educational institution to be known as the Center for 
        Cultural and Technical Interchange Between East and 
        West, through arrangements with public, educational, or 
        other nonprofit institutions;
          (2) grants, fellowships, and other payments to 
        outstanding scholars and authorities from the nations 
        of the East and West as may be necessary to attract 
        such scholars and authorities to the Center;
          (3) grants, scholarships, and other payments to 
        qualified students from the nations of the East and 
        West as may be necessary to enable such students to 
        engage in study or training at the Center; and
          (4) making the facilities of the Center available for 
        study or training to other qualified persons.
    Sec. 704.\4\ (a) In carrying out the provisions of this 
chapter, the Secretary \3\ may utilize his authority under the 
provisions of the United States Information and Educational 
Exchange Act of 1948, as amended.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2056.
---------------------------------------------------------------------------
    (b) The Secretary \3\ may, in administering the provisions 
of this chapter, accept from public and private sources money 
and property to be utilized in carrying out the purposes and 
functions of the Center. In utilizing any gifts, bequests, or 
devises accepted there shall be available to the Secretary \3\ 
the same authorities as are available to him in accepting and 
utilizing gifts, bequests, and devises to the Foreign Service 
Institute under the provisions of section 25 of the State 
Department Basic Authorities Act of 1956.\5\ For the purposes 
of Federal income, estate, and gift taxes, any gift, devise, or 
bequest accepted by the Secretary \3\ under the authority of 
this chapter shall be deemed to be a gift, devise, or bequest 
to or for the use of the United States.
---------------------------------------------------------------------------
    \5\ This reference to the State Department Basic Authorities Act of 
1956 was substituted in lieu of a reference to the Foreign Service Act 
of 1946 by sec. 2206(8) of Public Law 96-465 (94 Stat. 2162).
---------------------------------------------------------------------------
    (c) \6\ The Director of the United States Information 
Agency \7\ shall make periodic reports, as he deems necessary, 
to the Congress with respect to his activities under the 
provisions of this chapter, and such reports shall include any 
recommendations for needed revisions in this chapter.
---------------------------------------------------------------------------
    \6\ Subsec. (c) was amended and restated by sec. 212(b) of Public 
Law 96-470 (94 Stat. 2246). The report to be submitted under subsec. 
(c) was formerly required annually.
    \7\ Sec. 303 of Public Law 97-241 (96 Stat. 291) redesignated the 
International Communication Agency as the United States Information 
Agency and stated that any reference to the International Communication 
Agency in any statute, reorganization plan, Executive order, 
regulation, agreement, determination, or other official document or 
proceeding, shall be deemed to be a reference to the United States 
Information Agency. Sec. 303 also stated that references to the 
Director or other official of the International Communication Agency 
shall be deemed to refer to the Director or other official of the 
United States Information Agency.
    Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
---------------------------------------------------------------------------
    Sec. 705.\8\ There are authorized to be appropriated, to 
remain available until expended, such amounts as may be 
necessary to carry out the provisions of this chapter.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2057. The Department of State and Related Agency 
Appropriations Act, 2001 (title IV of H.R. 5548, enacted by reference 
in sec. 1(a)(2) of Public Law 106-553; 114 Stat. 2762A-95), provided 
the following:
---------------------------------------------------------------------------

                           ``east-west center
---------------------------------------------------------------------------
    ``To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$13,500,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.''.
                 13. Japan-United States Friendship Act

Public Law 94-118 [S. 824], 89 Stat. 603, approved October 20, 1975, as 
  amended by Public Law 94-350 [Foreign Relations Authorization Act, 
   Fiscal Year 1977; S. 3168], 90 Stat. 823, approved July 12, 1976; 
  Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 
   1979; H.R. 12598], 92 Stat. 963 at 992, approved October 7, 1978; 
Public Law 97-241 [Department of State Authorization Act, Fiscal Years 
1982 and 1983; S. 1193], 96 Stat. 273 at 298, approved August 24, 1982; 
 Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 
 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991; 
  and by Public Law 105-277 [Department of State and Related Agencies 
   Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681 at 2681-92, 
                       approved October 21, 1998

 AN ACT To provide for the use of certain funds to promote scholarly, 
cultural, and artistic activities between Japan and the United States, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Japan-United States Friendship Act''.

                   statement of findings and purpose

    Sec. 2.\1\ (a) The Congress hereby finds that--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2901.
---------------------------------------------------------------------------
          (1) the post-World War II evolution of the 
        relationship between Japan and the United States to 
        peacetime friendship and partnership is one of the most 
        significant developments of the postwar period;
          (2) the Agreement Between Japan and the United States 
        of America Concerning the Ryukyu Islands and the Daito 
        Islands, signed at Washington and Tokyo on June 17, 
        1971,\2\ is a major achievement and symbol of the new 
        relationship between the United States and Japan; and
---------------------------------------------------------------------------
    \2\ 23 U.S.T. 446.
---------------------------------------------------------------------------
          (3) the continuation of close United States-Japan 
        friendship and cooperation will make a vital 
        contribution to the prospects for peace, prosperity, 
        and security in Asia and the world.
    (b) It is therefore the purpose of this Act to provide for 
the use of an amount equal to a part of the total sum payable 
by Japan to the United States in connection with the reversion 
of Okinawa to Japanese administration and the remaining funds 
of the amount set aside in 1962 for educational and cultural 
exchange with Japan (known as the G.A.R.I.O.A. Account) to aid 
education and culture at the highest level in order to enhance 
reciprocal people-to-people understanding and to support the 
close friendship and mutuality of interests between the United 
States and Japan.

                establishment of the fund; expenditures

    Sec. 3.\3\ (a) There is established in the Treasury of the 
United States a trust fund to be known as the Japan-United 
States Friendship Trust Fund (hereafter referred to as the 
``Fund'').
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2902.
---------------------------------------------------------------------------
    (b) Amounts in the Fund shall be used for the promotion of 
scholarly, cultural, and artistic activities between Japan and 
the United States, including--
          (1) support for studies, including language studies, 
        in institutions of higher education or scholarly 
        research in Japan and the United States, designed to 
        foster mutual understanding between Japan and the 
        United States;
          (2) support for major collections of Japanese books 
        and publications in appropriate libraries located 
        throughout the United States and similar support for 
        collections of American books and publications in 
        appropriate libraries located throughout Japan;
          (3) support for programs in the arts in association 
        with appropriate institutions in Japan and the United 
        States;
          (4) support for fellowships and scholarships at the 
        graduate and faculty levels in Japan and the United 
        States in accord with the purposes of this Act;
          (5) support for visiting professors and lecturers at 
        colleges and universities in Japan and the United 
        States; and
          (6) support for other Japan-United States cultural 
        and educational activities consistent with the purposes 
        of this Act.
    (c) Amounts in the Fund may also be used to pay 
administrative expenses of the Japan-United States Friendship 
Commission, established by section 4 of this Act, as directed 
by that Commission.
    (d) There is authorized to be appropriated to the Fund, for 
fiscal year 1976, an amount equal to 7.5 per centum of the 
total fund payable to the United States pursuant to the 
Agreement Between Japan and the United States of America 
Concerning the Ryukyu Islands and the Daito Islands, signed at 
Washington and Tokyo, June 17, 1971, including interest and 
proceeds accruing to the Fund from such funds in accordance 
with sections 6(4) and 7 of this Act.\4\
---------------------------------------------------------------------------
    \4\ The words to this point beginning with ``, including interest 
and proceeds accruing * * *'', were added by sec. 401(2) of the Foreign 
Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350).
---------------------------------------------------------------------------
    (e)(1) There is authorized to be appropriated to the Fund, 
for fiscal year 1976, in addition to the amount authorized to 
be appropriated by subsection (d) of this section, those funds 
available in United States accounts in Japan and transferred by 
the Government of Japan to the United States pursuant to the 
United States request made under article V of the agreement 
between the United States of America and Japan regarding the 
settlement of Postwar Economic Assistance to Japan, signed in 
Tokyo, January 9, 1962, and the exchange of notes of the same 
date (13 U.S.T. 1957; T.I.A.S. 5154) (the G.A.R.I.O.A. 
Account), including interest accruing to the G.A.R.I.O.A. 
Account and interest and proceeds accruing to the Fund from 
such funds in accordance with sections 6(4) and 7 of this 
Act.\5\
---------------------------------------------------------------------------
    \5\ The words to this point beginning with ``and interest and 
proceeds accruing to the Fund * * *'', were added by sec. 401(3) of the 
Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94-
350).
---------------------------------------------------------------------------
    (2) The amount authorized to be appropriated by paragraph 
(1) of this subsection shall not include any amount required by 
law to be applied to United States participation in the 
International Ocean Exposition to be held in Okinawa, Japan.
    (3) Any unappropriated portion of the amount authorized to 
be appropriated by subsection (d) of this section and paragraph 
(1) of this subsection for fiscal year 1976 may be appropriated 
in any subsequent fiscal year.

             the japan-united states friendship commission

    Sec. 4.\6\ (a) There is established a commission to be 
known as the Japan-United States Friendship Commission 
(hereafter referred to as the ``Commission''). The Commission 
shall be composed of--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2903.
---------------------------------------------------------------------------
          (1) the members of the United States Panel of the 
        Joint Committee on United States-Japan Cultural and 
        Educational Cooperation;
          (2) two Members of the House of Representatives, to 
        be appointed at the beginning of each Congress or upon 
        the occurrence of a vacancy during a Congress by the 
        Speaker of the House of Representatives;
          (3) two Members of the Senate, to be appointed at the 
        beginning of each Congress or upon the occurrence of a 
        vacancy during a Congress by the President pro tempore 
        of the Senate;
          (4) the Chairman of the National Endowment for the 
        Arts; and
          (5) the Chairman of the National Endowment for the 
        Humanities.
    (b) Members of the Commission who are not full-time 
officers or employees of the United States and who are not 
Members of Congress shall, while serving on business of the 
Commission, be entitled to receive compensation at rates fixed 
by the President, but not exceeding the rate specified at the 
time of such service for grade GS-18 in section 5332 of title 
5, United States Code, including traveltime; and while so 
serving away from their homes or regular places of business, 
all members of the Commission may be allowed travel expenses 
including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code, for persons in 
Government service employed intermittently.
    (c) The Chairman of the United States Panel of the Joint 
Committee on United States-Japan Cultural and Educational 
Cooperation shall be the Chairman of the Commission. A majority 
of the members of the Commission shall constitute a quorum. The 
Commission shall meet at least twice in each year.

                      functions of the commission

    Sec. 5.\7\ (a) The Commission is authorized to--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2904.
---------------------------------------------------------------------------
          (1) develop and carry out programs at public or 
        private institutions for the promotion of scholarly, 
        cultural, and artistic activities in Japan and the 
        United States consistent with the provisions of section 
        3(b) of this Act; and
          (2) make grants to carry out such programs.
    (b) The Commission shall submit to the President and to the 
Congress an annual report of its activities under this Act 
together with such recommendations as the Commission determines 
appropriate.

                       administrative provisions

    Sec. 6.\8\ In order to carry out its functions under this 
Act, the Commission is authorized to--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2905.
---------------------------------------------------------------------------
          (1) prescribe such regulations as it deems necessary 
        governing the manner in which its functions shall be 
        carried out;
          (2) receive money and property donated, bequeathed, 
        or devised, without condition or restriction other than 
        that it be used for the purposes of this Act; and to 
        use, sell, or otherwise dispose of such property 
        (including transfer to the Fund) for the purpose of 
        carrying out the purposes of this Act, and any such 
        donation shall be exempt from any Federal income, 
        State, or gift tax;
          (3) in the discretion of the Commission, receive (and 
        use, sell, or otherwise dispose of, in accordance with 
        paragraph (2)) money and other property donated, 
        bequeathed, or devised to the Commission with a 
        condition or restriction, including a condition that 
        the Commission use other funds of the Commission for 
        the purposes of the gift, and any such donation shall 
        be exempt from any Federal income, State, or gift tax;
          (4) direct the Secretary of the Treasury to make 
        expenditure of the income of the Fund, any amount of 
        the contributions deposited in the Fund from 
        nonappropriated sources pursuant to paragraph (2) or 
        (3) of this section, and not to exceed 5 percent 
        annually of the principal of the total amount 
        appropriated to the Fund \9\ to carry out the purposes 
        of this Act, including the payment of Commission 
        expenses if needed; \10\
---------------------------------------------------------------------------
    \9\ The words to this point beginning with ``, any amount of the 
contributions deposited * * *'' were substituted in lieu of the words 
``and not to exceed 5 per centum annually of the principal of the 
Fund'' by sec. 503(a) of Public Law 97-241 (96 Stat. 298).
    \10\ Sec. 404(a) of the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-101) struck out ``needed, except that any amounts 
expended from amounts appropriated to the Fund under section 3(e)(1) of 
this Act shall be expended in Japan or for not more than 50 percent of 
administrative expenses in the United States'', and inserted in lieu 
thereof ``needed''.
    Previously, sec. 167 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 676), 
inserted ``or for not more than 50 percent of administrative expenses 
in the United States'' after ``Japan''.
---------------------------------------------------------------------------
          (5) appoint an Executive Director, without regard to 
        the provisions of title 5, United States Code, 
        governing appointments in the competitive service, who 
        shall be compensated at the rate provided for a GS-18 
        of the General Schedule of such title;
          (6) obtain the services of experts and consultants in 
        accordance with the provisions of section 3109 of title 
        5, United States Code, at rates for individuals not to 
        exceed the rate specified at the time of such service 
        for grade GS-18 in section 5332 of title 5, United 
        States Code;
          (7) accept and utilize the services of voluntary and 
        noncompensated personnel and reimburse them for travel 
        expenses, including per diem, as authorized by section 
        5703 of title 5, United States Code;
          (8) enter into contracts, grants, or other 
        arrangements, or modifications thereof;
          (9) make advances, progress, and other payments which 
        the Commission deems necessary under this Act;
          (10) obtain \11\ such administrative support services 
        and personnel as the Commission deems necessary and 
        appropriate to its needs; and
---------------------------------------------------------------------------
    \11\ Sec. 401(1) of the Foreign Relations Authorization Act, Fiscal 
Year 1977, struck out the words ``from the Secretary of State, on a 
reimbursable basis,'' which had formerly appeared at this point.
---------------------------------------------------------------------------
          (11) \12\ transmit its official mail as penalty mail 
        in the same manner and upon the same conditions as an 
        officer of the United States other than a Member of 
        Congress is permitted to transmit official mail as 
        penalty mail under section 3202 of title 39 of the 
        United States Code.
---------------------------------------------------------------------------
    \12\ Paragraph (11) was added by sec. 703 of Public Law 95-426 (92 
Stat. 992).
---------------------------------------------------------------------------

                         management of the fund

    Sec. 7.\13\ (a) The Fund shall consist of--
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 2906.
---------------------------------------------------------------------------
          (1) amounts appropriated under section 3(d) and 
        (e)(1) of this Act;
          (2) any other amounts received by the Fund by way of 
        gifts and donations; and
          (3) interest and proceeds credited to it under 
        subsection (b) of this section.
    (b) It shall be the duty of the Secretary of the Treasury 
(hereafter referred to as the ``Secretary'') to invest such 
portion of the Fund as is not, in the judgment of the 
Commission, required to meet current withdrawals. Such 
investment may be made only in interest-bearing obligations of 
the United States, in obligations guaranteed as to both 
principal and interest by the United States, in interest-
bearing obligations of Japan, or in obligations guaranteed as 
to both principal and interest by Japan.\14\ For such purposes, 
the obligations may be acquired (1) on original issue at the 
issue price, or (2) by purchase of outstanding obligations at 
the market price. The purposes for which obligations of the 
United States may be issued under the Second Liberty Bond 
Act,\15\ as amended, are hereby extended to authorize the 
issuance at par of special obligations exclusively to the Fund. 
Such special obligations shall bear interest at a rate equal to 
the average rate of interest, computed as to the end of the 
calendar month next preceding the date of such issue, borne by 
all marketable interest-bearing obligations of the United 
States issued during the preceding two years then forming part 
of the public debt; except that where such average rate is not 
a multiple of one-eighth of 1 per centum, the rate of interest 
of such special obligations shall be the multiple of one-eighth 
of 1 per centum next lower than such average rate. Such special 
obligations shall be issued only if the Secretary determines 
that the purchase of other interest-bearing obligations of the 
United States, or of obligations guaranteed as to both 
principal and interest by the United States on original issue 
or at the market price, is not in the public interest.
---------------------------------------------------------------------------
    \14\ Sec. 404(b) of the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-101) struck out ``Such investment of amounts 
authorized to be appropriated under section 3(d) of this Act may be 
made only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the United 
States.'' and inserted in lieu thereof ``Such investment may be made 
only in interest-bearing obligations of the United States, in 
obligations guaranteed as to both principal and interest by the United 
States, in interest-bearing obligations of Japan, or in obligations 
guaranteed as to both principal and interest by Japan.''.
    Previously, sec. 401(3)(B) of the Foreign Relations Authorization 
Act, Fiscal Year 1977, added the words ``of amounts authorized to be 
appropriated under sec. 3(d) of this Act'' in the now-stricken 
language.
    \15\ 31 U.S.C. 774.
---------------------------------------------------------------------------
    (c) Any obligation acquired by the Fund (except special 
obligations issued exclusively to the Fund) may be sold by the 
Secretary at the market price, and such special obligations may 
be redeemed at par plus accrued interest.
    (d) The interest on, and the proceeds from the sale or 
redemption of, any obligations held in the Fund shall be 
credited to and form a part of the Fund.
    (e) In accordance with section 6(4) of this Act, the 
Secretary shall pay out of the Fund such amounts, including 
expenses of the Commission, as the Commission considers 
necessary to carry out the provisions of this Act; except that 
amounts in the Fund, other than amounts which have been 
appropriated and amounts received (including amounts earned as 
interest on, and proceeds from the sale or redemption of, 
obligations purchased with amounts received) \16\ by the 
Commission pursuant to sections 6(2) and 6(3), shall be subject 
to the appropriation process.
---------------------------------------------------------------------------
    \16\ The parenthetical phrase was added by sec. 503(b) of Public 
Law 97-241 (96 Stat. 298).

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Note.--Conferees of the Omnibus Consolidated Appropriations Act, 1997, provided the following in the
                          Conference Report [House Report 104-863, September 28, 1996, star print] to accompany H.R. 3610:
                                                        ``Japan-United States Friendship Commission
                                                        ``Japan-United States Friendship Trust Fund
                           ``The conference agreement does not provide an appropriation for the Japan-United States Friendship
                          Commission, as proposed in the House bill, instead of $1,250,000 from interest earned on the Japan-
                          United States Friendship Trust Fund and an amount of Japanese currency not to exceed the equivalent of
                          $1,420,000 for the expenses of the Japan-United States Friendship Commission, as provided in the
                          Senate-reported bill.
                           ``Under terms of Public Law 94-118, which established the Commission, it was authorized to spend up
                          to five percent of the principal of the Japan-United States Friendship Trust Fund. Since 1990,
                          however, the Commission has operated under a policy of not spending funds out of the principal and
                          relying on appropriations of interest earned on the Fund to finance its operations, supplemented by
                          gifts from outside sources.
                           ``The conferees believe that, in this time of fiscal restraint, it makes better sense for the
                          Commission to operate on a self-financing basis, as was apparently envisioned in the original
                          legislation, by spending five percent of its Fund capital per year. The Fund currently contains
                          approximately $15,000,000. These funds, together with funds obtained from outside sources, would allow
                          the Commission to maintain its highest priority activities without the need for annual appropriations.
                          Any interest earnings of the fund that accrue in the Commission's account will be considered to be
                          original principal.''.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                 14. Exchange of Materials and Objects

  a. Implementation of the Beirut Agreement of 1949 Relating to Audio-
                            Visual Materials

   Partial text of Public Law 89-634 [H.J. Res. 688], 80 Stat. 879, 
   approved October 8, 1966; amended by Public Law 102-138 [Foreign 
 Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 
                105 Stat. 647, approved October 28, 1991

 JOINT RESOLUTION To give effect to the Agreement for facilitating the 
   International Circulation of Visual and Auditory Materials of an 
Educational, Scientific, and Cultural Character, approved at Beirut in 
                                 1948.

Whereas the Congress and the President have repeatedly declared 
    it to be a national policy to promote a better 
    understanding of the United States in other countries, and 
    to increase mutual understanding between the people of the 
    United States and the people of other countries; and
Whereas the General Conference of the United Nations 
    Educational, Scientific, and Cultural Organization of its 
    third session at Beirut, Lebanon, in 1948, approved and 
    recommended to member states for signature, an Agreement 
    for Facilitating the International Circulation of Visual 
    and Auditory Materials of an Educational, Scientific, and 
    Cultural Character, which Agreement has been signed by 
    twenty-one nations, including the United States; and
Whereas the Senate has given its advice and consent to the 
    ratification of the Agreement; and
Whereas the Congress does hereby determine that mutual 
    understanding between peoples will be augmented by the 
    measures provided for in said Agreement: Now, therefore, be 
    it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That:

    The \1\ President of the United States is authorized to 
designate a Federal agency or agencies which shall be 
responsible for carrying out the provisions of the Agreement 
for Facilitating the International Circulation of Visual and 
Auditory Materials of an Educational, Scientific, and Cultural 
Character and a related protocol of signature, opened for 
signature at Lake Success on July 15, 1949 (hereinafter in this 
Act referred to as the ``Agreement''). It shall be the duty of 
the Federal agency or agencies so designated to take 
appropriate measures for the carrying out the provisions of the 
Agreement including the issuance of regulations.\2\ In carrying 
out this section, such Federal agency or agencies may not 
consider visual or auditory material to fail to qualify as 
being of international educational character--
---------------------------------------------------------------------------
    \1\ 19 U.S.C. 2051.
    \2\ Sec. 207 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 693), added text 
from this point to the end of sec. 1.
---------------------------------------------------------------------------
          (1) because it advocates a particular position or 
        viewpoint, whether or not it presents or acknowledges 
        opposing viewpoints;
          (2) because it might lend itself to 
        misinterpretation, or to misrepresentation of the 
        United States or other countries, or their people or 
        institutions;
          (3) because it is not representative, authentic, or 
        accurate or does not represent the current state of 
        factual knowledge of a subject or aspect of a subject 
        unless the material contains widespread and gross 
        misstatements of fact;
          (4) because it does not augment international 
        understanding and goodwill, unless its primary purpose 
        or effect is not to instruct or inform through the 
        development of a subject or an aspect of a subject and 
        its content is not such as to maintain, increase, or 
        diffuse knowledge; or
          (5) because in the opinion of the agency the material 
        is propaganda.
Such Federal agency or agencies may not label as propaganda any 
material that receives a certificate of international 
educational character under this section and the Agreement.
    Sec. 2.\3\ Agencies of the Federal Government are 
authorized to furnish facilities and personnel for the purpose 
of assisting the agency or agencies designated by the President 
in carrying out the provisions of the Agreement.
---------------------------------------------------------------------------
    \3\ 19 U.S.C. 2052.
---------------------------------------------------------------------------
    Sec. 3.\4\ * * *
---------------------------------------------------------------------------
    \4\ Sec. 3 amended the Tariff Schedules of the United States.
b. Carrying Out Provisions of the Beirut Agreement of 1949 Relating to 
                         Audio-Visual Materials

Executive Order 11311, October 14, 1966, 31 F.R. 13413, 3 CFR, 1966-70 
                   Comp., p. 593, 19 U.S.C. 2051 note

    By virtue of the authority vested in me as President of the 
United States, including the provisions of the Joint Resolution 
of October 8, 1966, Public Law 89-634, and section 301 of Title 
3 of the United States Code, I hereby order and proclaim that--
    1. Pursuant to section 3(b) of the Joint Resolution, the 
amendments to the Tariff Schedules of the United States made by 
section 3(a) of the Joint Resolution shall apply with respect 
to articles entered, or withdrawn from warehouse, for 
consumption, on and after January 1, 1967.
    2. Pursuant to the ``Agreement for Facilitating the 
International Circulation of Visual and Auditory Materials of 
an Educational, Scientific and Cultural Character'', made at 
Beirut in 1948, the Joint Resolution, and headnote 1 to 
schedule 8, part 6 of the Tariff Schedules of the United 
States, the United States Information Agency is hereby 
designated as the agency to carry out the provisions of the 
Agreement and related protocol, and to make any determinations 
and to prescribe any regulations required by headnote 1.
  c. Exemption From Judicial Seizure of Cultural Objects Imported for 
                          Temporary Exhibition

  (1) Public Law 89-259 [S. 2273], 79 Stat. 985, approved October 19, 
                                1965 \1\

  AN ACT To render immune from seizure under judicial process certain 
 objects of cultural significance imported into the United States for 
        temporary display or exhibition, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
whenever any work of art or other object of cultural 
significance is imported into the United States from any 
foreign country, pursuant to an agreement entered into between 
the foreign owner or custodian thereof and the United States or 
one or more cultural or educational institutions within the 
United States providing for the temporary exhibition or display 
thereof within the United States at any cultural exhibition, 
assembly, activity, or festival administered, operated, or 
sponsored, without profit, by any such cultural or educational 
institution, no court of the United States, any State, the 
District of Columbia, or any territory or possession of the 
United States may issue or enforce any judicial process, or 
enter any judgment, decree, or order, for the purpose or having 
the effect of depriving such institution, or any carrier 
engaged in transporting such work or object within the United 
States of custody or control of such object if before the 
importation of such object the President or his designee has 
determined that such object is of cultural significance and 
that the temporary exhibition or display thereof within the 
United States is in the national interest, and a notice to that 
effect has been published in the Federal Register.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2459.
---------------------------------------------------------------------------
    (b) If in any judicial proceeding in any such court any 
such process, judgment, decree, or order is sought, issued, or 
entered, the United States attorney for the judicial district 
within which such proceeding is pending shall be entitled as of 
right to intervene as a party to that proceeding, and upon 
request made by either the institution adversely affected, or 
upon direction by the Attorney General if the United States is 
adversely affected, shall apply to such court for the denial, 
quashing, or vacating thereof.
    (c) Nothing contained in this Act shall preclude (1) any 
judicial action for or in aid of the enforcement of the terms 
of any such agreement or the enforcement of the obligation of 
any carrier under any contract for the transportation of any 
such object of cultural significance; or (2) the institution or 
prosecution by or on behalf of any such institution or the 
United States of any action for or in aid of the fulfillment of 
any obligation assumed by such institution or the United States 
pursuant to any such agreement.
             (2) Imported Objects of Cultural Significance

 Executive Order 12047, March 27, 1978, 43 F.R. 13359, 22 U.S.C. 2459 
 note; as amended by Executive Order 12388, October 14, 1982, 47 F.R. 
                                 46245

    By virtue of the authority vested in me by the Act of 
October 19, 1965, entitled ``An Act to render immune from 
seizure under judicial process certain objects of cultural 
significance imported into the United States for temporary 
display or exhibition, and for other purposes'' (79 Stat. 985, 
22 U.S.C. 2459), and as President of the United States of 
America, it is hereby ordered as follows:
    Section 1. The Director of the United States Information 
Agency \1\ is designated and empowered to perform the functions 
conferred upon the President by the above-mentioned Act and 
shall be deemed to be authorized, without the approval, 
ratification, or other action of the President, (1) to 
determine that any work of art or other object to be imported 
into the United States within the meaning of the Act is of 
cultural significance, (2) to determine that the temporary 
exhibition or display of any such work of art or other object 
in the United States is in the national interest, and (3) to 
cause public notices of the determinations referred to above to 
be published in the Federal Register.
---------------------------------------------------------------------------
    \1\ The references to the United States Information Agency were 
inserted in lieu of references to the International Communication 
Agency by sec. 1 of Executive Order 12388.
---------------------------------------------------------------------------
    Sec. 2. The Director of the United States Information 
Agency,\1\ in carrying out this Order, shall consult with the 
Secretary of State with respect to the determination of 
national interest, and may consult with the Secretary of the 
Smithsonian Institution, the Director of the National Gallery 
of Art, and with such other officers and agencies of the 
Government as may be appropriate, with respect to the 
determination of cultural significance.
    Sec. 3. The Director of the United States Information 
Agency \1\ is authorized to delegate within the Agency the 
functions conferred upon him by this Order.
    Sec. 4. Executive Order No. 11312 of October 14, 1966 is 
revoked.\2\
---------------------------------------------------------------------------
    \2\ Executive Order 11312, effective October 14, 1966, had 
delegated the authorities under this executive order to the Secretary 
of State. With the establishment of the International Communication 
Agency (since redesignated as the United States Information Agency) on 
April 1, 1978, these functions were redelegated to the Director of the 
Agency.
    Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
---------------------------------------------------------------------------
    Sec. 5. Any order, regulation, determination or other 
action which was in effect pursuant to the provisions of 
Executive Order No. 11312 shall remain in effect until changed 
pursuant to the authority provided in this Order.
    Sec. 6. This Order shall be effective on April 1, 1978.
         15. Convention on Cultural Property Implementation Act

Partial text of Public Law 97-446 [H.R. 4566], 96 Stat. 2329, approved 
 January 12, 1983; as amended by Public Law 100-204 [Foreign Relations 
 Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 
     1331, approved December 22, 1987; Public Law 105-277 [Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R. 
  4328], 112 Stat. 2681, approved October 21, 1998; and by Public Law 
   106-113 [Admiral James W. Nance and Meg Donovan Foreign Relations 
 Authorization Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by 
  reference in H.R. 3194], 113 Stat. 1536, approved November 29, 1999

AN ACT To reduce certain duties, to suspend temporarily certain duties, 
    to extend certain existing suspensions of duties, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

      TITLE III--IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Convention on Cultural 
Property Implementation Act''.\1\
---------------------------------------------------------------------------
    \1\ 19 U.S.C. 2601.
---------------------------------------------------------------------------

SEC. 302. DEFINITIONS.

    For purposes of this title--
          (1) The term ``agreement'' includes any amendment to, 
        or extension of, any agreement under this title that 
        enters into force with respect to the United States.
          (2) The term ``archaeological or ethnological 
        material of the State Party'' means--
                  (A) any object of archaeological interest;
                  (B) any object of ethnological interest; or
                  (C) any fragment or part of any object 
                referred to in subparagraph (A) or (B);
        which was first discovered within, and is subject to 
        export control by, the State Party. For purposes of 
        this paragraph--
                  (i) no object may be considered to be an 
                object of archaeological interest unless such 
                object--
                          (I) is of cultural significance;
                          (II) is at least two hundred and 
                        fifty years old; and
                          (III) was normally discovered as a 
                        result of scientific excavation, 
                        clandestine or accidental digging, or 
                        exploration on land or under water; and
                  (ii) no object may be considered to be an 
                object of ethnological interest unless such 
                object is--
                          (I) the product of a tribal or 
                        nonindustrial society, and
                          (II) important to the cultural 
                        heritage of a people because of its 
                        distinctive characteristics, 
                        comparative rarity, or its contribution 
                        to the knowledge of the origins, 
                        development, or history of that people.
          (3) The term ``Committee'' means the Cultural 
        Property Advisory Committee established under section 
        206.\2\
---------------------------------------------------------------------------
    \2\ This reference to sec. 206 should probably be a reference to 
sec. 306.
---------------------------------------------------------------------------
          (4) The term ``consignee'' means a consignee as 
        defined in section 483 of the Tariff Act of 1930 (19 
        U.S.C. 1483).
          (5) The term ``Convention'' means the Convention on 
        the means of prohibiting and preventing the illicit 
        import, export, and transfer of ownership of cultural 
        property adopted by the General Conference of the 
        United Nations Educational, Scientific, and Cultural 
        Organization at its sixteenth session.
          (6) The term ``cultural property'' includes articles 
        described in article 1 (a) through (k) of the 
        Convention whether or not any such article is 
        specifically designated as such by any State Party for 
        the purposes of such article.
          (7) The term ``designated archaeological or 
        ethnological material'' means any archaeological or 
        ethnological material of the State Party which--
                  (A) is--
                          (i) covered by an agreement under 
                        this title that enters into force with 
                        respect to the United States, or
                          (ii) subject to emergency action 
                        under section 304, and
                  (B) is listed by regulation under section 
                305.
          (8) The term ``Secretary'' means the Secretary of the 
        Treasury or his delegate.
          (9) The term ``State Party'' means any nation which 
        has ratified, accepted, or acceded to the Convention.
          (10) The term ``United States'' includes the several 
        States, the District of Columbia, and any territory or 
        area the foreign relations for which the United States 
        is responsible.
          (11) The term ``United States citizen'' means--
                  (A) any individual who is a citizen or 
                national of the United States;
                  (B) any corporation, partnership, 
                association, or other legal entity organized or 
                existing under the laws of the United States or 
                any State; or
                  (C) any department, agency, or entity of the 
                Federal Government or of any government of any 
                State.

SEC. 303.\3\ AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVENTION.

    (a) Agreement Authority.--
---------------------------------------------------------------------------
    \3\ 19 U.S.C. 2602.
---------------------------------------------------------------------------
          (1) \4\ In general.--If the President determines, 
        after request is made to the United States under 
        article 9 of the Convention by any State Party--
---------------------------------------------------------------------------
    \4\ The functions conferred upon the President by sec. 303(a)(1) 
concerning determinations to be made prior to initiation of 
negotiations of bilateral or multilateral agreements were delegated to 
the Director of the United States Information Agency, acting in 
consultation with the Secretary of State and the Secretary of the 
Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475).
    Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
---------------------------------------------------------------------------
                  (A) that the cultural patrimony of the State 
                Party is in jeopardy from the pillage of 
                archaeological or ethnological materials of the 
                State Party;
                  (B) that the State Party has taken measures 
                consistent with the Convention to protect its 
                cultural patrimony;
                  (C) that--
                          (i) the application of the import 
                        restrictions set forth in section 307 
                        with respect to archaeological or 
                        ethnological material of the State 
                        Party, if applied in concert with 
                        similar restrictions implemented, or to 
                        be implemented within a reasonable 
                        period of time, by those nations 
                        (whether or not State Parties) 
                        individually having a significant 
                        import trade in such material, would be 
                        of substantial benefit in deterring a 
                        serious situation of pillage, and
                          (ii) remedies less drastic than the 
                        application of the restrictions set 
                        forth in such section are not 
                        available; and
                  (D) that the application of the import 
                restrictions set forth in section 307 in the 
                particular circumstances is consistent with the 
                general interest of the international community 
                in the interchange of cultural property among 
                nations for scientific, cultural, and 
                educational purposes;
        the President may, subject to the provisions of this 
        title, take the actions described in paragraph (2).
          (2) \5\ Authority of president.--For purposes of 
        paragraph (1), the President may enter into--
---------------------------------------------------------------------------
    \5\ The functions conferred upon the President by secs. 303(a)(2) 
and 303(a)(4) were delegated to the Secretary of State, acting in 
consultation with and with the participation of the Director of the 
United States Information Agency and in consultation with the Secretary 
of the Treasury by Executive Order 12555 (March 10, 1986; 51 F.R. 
8475). See, however, note 4.
---------------------------------------------------------------------------
                  (A) a bilateral agreement with the State 
                Party to apply the import restrictions set 
                forth in section 307 to the archaeological or 
                ethnological material of the State Party the 
                pillage of which is creating the jeopardy to 
                the cultural patrimony of the State Party found 
                to exist under paragraph (1)(A); or
                  (B) a multilateral agreement with the State 
                Party and with one or more other nations 
                (whether or not a State Party) under which the 
                United States will apply such restrictions, and 
                the other nations will apply similar 
                restrictions, with respect to such material.
          (3) Requests.--A request made to the United States 
        under article 9 of the Convention by a State Party must 
        be accompanied by a written statement of the facts 
        known to the State Party that relate to those matters 
        with respect to which determinations must be made under 
        subparagraphs (A) through (D) of paragraph (1).
          (4) \5\ Implementation.--In implementing this 
        subsection, the President should endeavor to obtain the 
        commitment of the State Party concerned to permit the 
        exchange of its archaeological and ethnological 
        materials under circumstances in which such exchange 
        does not jeopardize its cultural patrimony.
    (b) Effective Period.--The President may not enter into any 
agreement under subsection (a) which has an effective period 
beyond the close of the five-year period beginning on the date 
on which such agreement enters into force with respect to the 
United States.
    (c) Restrictions on Entering Into Agreements.--
          (1) In general.--The President may not enter into a 
        bilateral or multilateral agreement authorized by 
        subsection (a) unless the application of the import 
        restrictions set forth in section 307 with respect to 
        archaeological or ethnological material of the State 
        Party making a request to the United States under 
        article 9 of the Convention will be applied in concert 
        with similar restrictions implemented, or to be 
        implemented, by those nations (whether or not State 
        Parties) individually having a significant import trade 
        in such material.
          (2) Exception to restrictions.--Notwithstanding 
        paragraph (1), the President may enter into an 
        agreement if he determines that a nation individually 
        having a significant import trade in such material is 
        not implementing, or is not likely to implement, 
        similar restrictions, but--
                  (A) such restrictions are not essential to 
                deter a serious situation of pillage, and
                  (B) the application of the import 
                restrictions set forth in section 307 in 
                concert with similar restrictions implemented, 
                or to be implemented, by other nations (whether 
                or not State Parties) individually having a 
                significant import trade in such material would 
                be of substantial benefit in deterring a 
                serious situation of pillage.
    (d) \6\ Suspension of Import Restrictions Under 
Agreements.--If, after an agreement enters into force with 
respect to the United States, the President determines that a 
number of parties to the agreement (other than parties 
described in subsection (c)(2) having significant import trade 
in the archaeological and ethnological material covered by the 
agreement--
---------------------------------------------------------------------------
    \6\ The functions conferred upon the President by sec. 303(d) with 
respect to the determinations concerning the failure of other parties 
to an agreement to take any or satisfactory implementation action on 
their agreement were delegated to the Director of the United States 
Information Agency, acting in consultation with the Secretary of State 
and the Secretary of the Treasury, by Executive Order 12555 (March 10, 
1986; 51 F.R. 8475). The Order required, however, that the Secretary of 
State remain responsible for interpretation of the agreement. To the 
extent they involve suspension of import restrictions, functions were 
delegated to the Secretary of the Treasury. See, however, note 4.
---------------------------------------------------------------------------
          (1) have not implemented within a reasonable period 
        of time import restrictions that are similar to those 
        set forth in section 307, or
          (2) are not implementing such restrictions 
        satisfactorily with the result that no substantial 
        benefit in deterring a serious situation of pillage in 
        the State Party concerned is being obtained,
the President shall suspend the implementation of the import 
restrictions under section 307 until such time as the nations 
take appropriate corrective action.
    (e) \7\ Extension of Agreements.--The President may extend 
any agreement that enters into force with respect to the United 
States for additional periods of not more than five years each 
if the President determines that--
---------------------------------------------------------------------------
    \7\ The functions conferred upon the President by sec. 303(e) 
relating to the determinations to be made prior to the initiation of 
negotiations for the extension of any agreement were delegated to the 
Director of the United States Information Agency, acting in 
consultation with the Secretary of State and the Secretary of the 
Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). 
Functions relating only to negotiation and conclusion of extensions of 
agreements under this Act were delegated to the Secretary of State, 
acting in consultation with and with the participation of the Director 
of the United States Information Agency and in consultation with the 
Secretary of the Treasury. See, however, note 4.
---------------------------------------------------------------------------
          (1) the factors referred to in subsection (a)(1) 
        which justified the entering into of the agreement 
        still pertain, and
          (2) no cause for suspension under subsection (d) 
        exists.
    (f) \8\ Procedures.--If any request described in subsection 
(a) is made by a State Party, or if the President proposes to 
extend any agreement under subsection (e), the President 
shall--
---------------------------------------------------------------------------
    \8\ The functions conferred upon the President by this sec. 303(f) 
relating to actions to be taken upon receipt of a request made by a 
State Party were delegated to the Director of the United States 
Information Agency, acting in consultation with the Secretary of State 
and the Secretary of the Treasury, by Executive Order 12555 (March 10, 
1986; 51 F.R. 8475). See, however, note 4.
---------------------------------------------------------------------------
          (1) publish notification of the request or proposal 
        in the Federal Register;
          (2) submit to the Committee such information 
        regarding the request or proposal (including, if 
        applicable, information from the State Party with 
        respect to the implementation of emergency action under 
        section 304) as is appropriate to enable the Committee 
        to carry out its duties under section 306(f); and
          (3) consider, in taking action on the request or 
        proposal, the views and recommendations contained in 
        any Committee report--
                  (A) required under section 306(f) (1) or (2), 
                and
                  (B) submitted to the President before the 
                close of the one-hundred-and-fifty-day period 
                beginning on the day on which the President 
                submitted information on the request or 
                proposal to the Committee under paragraph (2).
    (g) \9\ Information on Presidential Action.--
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    \9\ Except with respect to subsec. 303(g)(1)(B), the functions 
conferred upon the President by sec. 303(g) were delegated to the 
Secretary of State, acting in consultation with and with the 
participation of the Director of the United States Information Agency 
and in consultation with the Secretary of the Treasury by Executive 
Order 12555 (March 10, 1986; 51 F.R. 8475). See, however, note 4.
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          (1) In general.--In any case in which the President--
                  (A) enters into or extends an agreement 
                pursuant to subsection (a) or (e), or
                  (B) \10\ applies import restrictions under 
                section 204,
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    \10\ The functions conferred upon the President by sec. 
303(g)(1)(B) relating to the notification of Presidential action and 
furnishing of reports to Congress were delegated to the Director of the 
United States Information Agency, acting in consultation with the 
Secretary of State and the Secretary of the Treasury, by Executive 
Order 12555 (March 10, 1986; 51 F.R. 8475). See, however, note 4.
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        the President shall, promptly after taking such action, 
        submit a report to the Congress.
          (2) Report.--The report under paragraph (1) shall 
        contain--
                  (A) a description of such action (including 
                the text of any agreement entered into),
                  (B) the differences (if any) between such 
                action and the views and recommendations 
                contained in any Committee report which the 
                President was required to consider, and
                  (C) the reasons for any such difference.
          (3) Information relating to committee 
        recommendations.--If any Committee report required to 
        be considered by the President recommends that an 
        agreement be entered into, but no such agreement is 
        entered into, the President shall submit to the 
        Congress a report which contains the reasons why such 
        agreement was not entered into.

SEC. 304.\11\ EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.

    (a) Emergency Condition Defined.--For purposes of this 
section, the term ``emergency condition'' means, with respect 
to any archaeological or ethnological material of any State 
Party, that such material is--
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    \11\ 19 U.S.C. 2603. The functions conferred upon the President by 
this section to the extent that they involve the application of import 
restrictions set forth in sec. 307 and the extension of such import 
restrictions pursuant to sec. 304(c)(3), were delegated to the 
Secretary of the Treasury, acting in consultation with the Director of 
the United States Information Agency and the Secretary of State, by 
Executive Order 12555 (March 10, 1986; 51 F.R. 8475). See, however, 
note 4.
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          (1) a newly discovered type of material which is of 
        importance for the understanding of the history of 
        mankind and is in jeopardy from pillage, dismantling, 
        dispersal, or fragmentation;
          (2) identifiable as coming from any site recognized 
        to be of high cultural significance if such site is in 
        jeopardy from pillage, dismantling, dispersal, or 
        fragmentation which is, or threatens to be, of crisis 
        proportions; or
          (3) a part of the remains of a particular culture or 
        civilization, the record of which is in jeopardy from 
        pillage, dismantling, dispersal, or fragmentation which 
        is, or threatens to be, of crisis proportions;
and application of the import restrictions set forth in section 
307 on a temporary basis would, in whole or in part, reduce the 
incentive for such pillage, dismantling, dispersal or 
fragmentation.
    (b) \12\ Presidential Action.--Subject to subsection (c), 
if the President determines that an emergency condition applies 
with respect to any archaeological or ethnological material of 
any State Party, the President may apply the import 
restrictions set forth in section 307 with respect to such 
material.
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    \12\ The functions conferred upon the President by sec. 304(b) to 
the extent that they involve determinations by the President that an 
emergency condition applies with respect to any archaeological or 
ethnological material of any State Party to the Convention, subject to 
the limitations of secs. 304(c)(1), 304(c)(2) and 304(c)(3), were 
delegated to the Director of the United States Information Agency, 
acting in consultation with the Secretary of State and the Secretary of 
the Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). 
See, however, note 4.
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    (c) Limitations.--
          (1) The President may not implement this section with 
        respect to the archaeological or ethnological materials 
        of any State Party unless the State Party has made a 
        request described in section 303(a) to the United 
        States and has supplied information which supports a 
        determination that an emergency condition exists.
          (2) In taking action under subsection (b) with 
        respect to any State Party, the President shall 
        consider the views and recommendations contained in the 
        Committee report required under section 306(f)(3) if 
        the report is submitted to the President before the 
        close of the ninety-day period beginning on the day on 
        which the President submitted information to the 
        Committee under section 303(f)(2) on the request of the 
        State Party under section 303(a).
          (3) \13\ No import restrictions set forth in section 
        307 may be applied under this section to the 
        archaeological or ethnological materials of any State 
        Party for more than five years after the date on which 
        the request of a State Party under section 303(a) is 
        made to the United States. This period may be extended 
        by the President for three more years if the President 
        determines that the emergency condition continues to 
        apply with respect to the archaeological or 
        ethnological material. However, before taking such 
        action, the President shall request and consider, if 
        received within ninety days, a report of the Committee 
        setting forth its recommendations, together with the 
        reasons therefor, as to whether such import 
        restrictions shall be extended.
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    \13\ The functions conferred upon the President by sec. 304(c)(3) 
to the extent that they involve determinations to be made and the 
receipt and consideration of an advisory report from the Cultural 
Property Advisory Committee by the President prior to extensions of 
emergency import restrictions were delegated to the Director of the 
United States Information Agency, acting in consultation with the 
Secretary of State and the Secretary of the Treasury, by Executive 
Order 12555 (March 10, 1986; 51 F.R. 8475). See, however, note 4.
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          (4) \14\ The import restrictions under this section 
        may continue to apply in whole or in part, if before 
        their expiration under paragraph (3), there has entered 
        into force with respect to the archaeological or 
        ethnological materials an agreement under section 203 
        \15\ or an agreement with a State Party to which the 
        Senate has given its advice and consent to 
        ratification. Such import restrictions may continue to 
        apply for the duration of the agreement.
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    \14\ The functions conferred upon the President by sec. 303(c)(4) 
to the extent that they involve the negotiation and conclusion of 
agreements subject to the advice and consent to ratification by the 
Senate were delegated to the Secretary of State, acting in consultation 
with and with the participation of the Director of the United States 
Information Agency and in consultation with the Secretary of the 
Treasury by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). See, 
however, note 4.
    \15\ This reference to sec. 203 probably should be a reference to 
sec. 303.
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SEC. 305.\16\ DESIGNATION OF MATERIALS COVERED BY AGREEMENTS OR 
                    EMERGENCY ACTIONS.

    After any agreement enters into force under section 303, or 
emergency action is taken under section 304, the Secretary, in 
consultation with the Secretary of State,\17\ shall by 
regulation promulgate (and when appropriate shall revise) a 
list of the archaeological or ethnological material of the 
State Party covered by the agreement or by such action. The 
Secretary may list such material by type or other appropriate 
classification, but each listing made under this section shall 
be sufficiently specific and precise to insure that (1) the 
import restrictions under section 307 are applied only to the 
archaeological and ethnological material covered by the 
agreement or emergency action; and (2) fair notice is given to 
importers and other persons as to what material is subject to 
such restrictions.
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    \16\ 19 U.S.C. 2604.
    \17\ Sec. 802(d) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``Secretary'' and inserted in lieu thereof 
``Secretary, in consultation with the Secretary of State,''.
    Previously, sec. 1335(d) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-788) struck out ``, after consultation with the 
Director of the United States Information Agency,'' following 
``Secretary''.
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SEC. 306.\18\ CULTURAL PROPERTY ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Cultural 
Property Advisory Committee.
---------------------------------------------------------------------------
    \18\ 19 U.S.C. 2605.
---------------------------------------------------------------------------
    (b) Membership.--
          (1) The Committee shall be composed of eleven members 
        appointed by the President as follows:
                  (A) Two members representing the interests of 
                museums.
                  (B) Three members who shall be experts in the 
                fields of archaeology, anthropology, ethnology, 
                or related areas.
                  (C) Three members who shall be experts in the 
                international sale of archaeological, 
                ethnological, and other cultural property.
                  (D) Three members who shall represent the 
                interest of the general public.
          (2) Appointments made under paragraph (1) shall be 
        made in such a manner so as to insure--
                  (A) fair representation of the various 
                interests of the public sectors and the private 
                sectors in the international exchange of 
                archaeological and ethnological materials, and
                  (B) that within such sectors, fair 
                representation is accorded to the interests of 
                regional and local institutions and museums.
          (3)(A) \19\ Members of the Committee shall be 
        appointed for terms of three years and may be 
        reappointed for one or more terms. With respect to the 
        initial appointments, the President shall select, on a 
        representative basis to the maximum extent practicable, 
        four members to serve three-year terms, four members to 
        serve two-year terms, and the remaining members to 
        serve a one-year term. Thereafter each appointment 
        shall be for a three-year term.
---------------------------------------------------------------------------
    \19\ Subsec. (3)(A) was amended and restated by sec. 307(a) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1380). Sec. 307(c) of the same Act made subsec. 
(3)(A) apply to those members of the Cultural Property Advisory 
Committee first appointed after enactment of Public Law 100-204.
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          (B)(i) \20\ A vacancy in the Committee shall be 
        filled in the same manner as the original appointment 
        was made and for the unexpired portion of the term, if 
        the vacancy occurred during a term of office. Any 
        member of the Committee may continue to serve as a 
        member of the Committee after the expiration of his 
        term of office until reappointed or until his successor 
        has been appointed.
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    \20\ Subsec. (3)(B) was amended and restated by sec. 307(b) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public 
Law 100-204; 101 Stat. 1380).
---------------------------------------------------------------------------
          (ii) The President shall designate a Chairman of the 
        Committee from the members of the Committee.
    (c) Expenses.--The members of the Committee shall be 
reimbursed for actual expenses incurred in the performance of 
duties for the Committee.
    (d) Transaction of Business.--Six of the members of the 
Committee shall constitute a quorum. All decisions of the 
Committee shall be by majority vote of the members present and 
voting.
    (e) Staff and Administration.--
          (1) The Director of the United States Information 
        Agency shall make available to the Committee such 
        administrative and technical support services and 
        assistance as it may reasonably require to carry out 
        its activities. Upon the request of the Committee, the 
        head of any other Federal agency may detail to the 
        Committee, on a reimbursable basis, any of the 
        personnel of such agency to assist the Committee in 
        carrying out its functions, and provide such 
        information and assistance as the Committee may 
        reasonably require to carry out its activities.
          (2) The Committee shall meet at the call of the 
        Director of the United States Information Agency, or 
        when a majority of its members request a meeting in 
        writing.
    (f) Reports by Committee.--
          (1) The Committee shall, with respect to each request 
        of a State Party referred to in section 303(a), 
        undertake an investigation and review with respect to 
        matters referred to in section 303(a)(1) as they relate 
        to the State Party or the request and shall prepare a 
        report setting forth--
                  (A) the results of such investigation and 
                review:
                  (B) its findings as to the nations 
                individually having a significant import trade 
                in the relevant material; and
                  (C) its recommendation, together with the 
                reasons therefor, as to whether an agreement 
                should be entered into under section 303(a) 
                with respect to the State Party.
          (2) The Committee shall, with respect to each 
        agreement proposed to be extended by the President 
        under section 303(e), prepare a report setting forth 
        its recommendations together with the reasons therefor, 
        as to whether or not the agreement should be extended.
          (3) The Committee shall in each case in which the 
        Committee finds that an emergency condition under 
        section 304 exists prepare a report setting forth its 
        recommendations, together with the reasons therefor, as 
        to whether emergency action under section 304 should be 
        implemented. If any State Party indicates in its 
        request under section 303(a) that an emergency 
        condition exists and the Committee finds that such a 
        condition does not exist, the Committee shall prepare a 
        report setting forth the reasons for such finding.
          (4) Any report prepared by the Committee which 
        recommends the entering into or the extension of any 
        agreement under section 303 or the implementation of 
        emergency action under section 304 shall set forth--
                  (A) such terms and conditions which it 
                considers necessary and appropriate to include 
                within such agreement, or apply with respect to 
                such implementation, for purposes of carrying 
                out the intent of the Convention; and
                  (B) such archaeological or ethnological 
                material of the State Party, specified by type 
                or such other classification as the Committee 
                deems appropriate, which should be covered by 
                such agreement or action.
          (5) If any member of the Committee disagrees with 
        respect to any matter in any report prepared under this 
        subsection, such member may prepare a statement setting 
        forth the reasons for such disagreement and such 
        statement shall be appended to, and considered a part 
        of, the report.
          (6) \21\ The Committee shall submit to the Congress 
        and the President a copy of each report prepared by it 
        under this subsection.
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    \21\ The functions conferred upon the President by sec. 306(f)(6) 
were delegated to the Director of the United States Information Agency, 
acting in consultation with the Secretary of State and the Secretary of 
the Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). 
See, however, note 4.
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  (g) \22\ Committee Review.--
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    \22\ The functions conferred upon the President by this subsec. 
relating to the receipt of reports were delegated to the Director of 
the United States Information Agency, acting in consultation with the 
Secretary of State and the Secretary of the Treasury, by Executive 
Order 12555 (March 10, 1986; 51 F.R. 8475). See, however, note 4.
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          (1) In general.--The Committee shall undertake a 
        continuing review of the effectiveness of agreements 
        under section 303 that have entered into force with 
        respect to the United States, and of emergency action 
        implemented under section 304.
          (2) Action by committee.--If the Committee finds, as 
        a result of such review, that--
                  (A) cause exists for suspending, under 
                section 303(d), the import restrictions imposed 
                under an agreement;
                  (B) any agreement or emergency action is not 
                achieving the purposes for which entered into 
                or implemented; or
                  (C) changes are required to this title in 
                order to implement fully the obligations of the 
                United States under the Convention;
the Committee may submit a report to the Congress and the 
President setting forth its recommendations for suspending such 
import restrictions or for improving the effectiveness of any 
such agreement or emergency action or this title.
  (h) \23\ Federal Advisory Committee Act.--The provisions of 
the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. 
Appendix I) shall apply to the Committee except that the 
requirements of subsections (a) and (b) of section 10 and 
section 11 of such Act (relating to open meetings, public 
notice, public participation, and public availability of 
documents) shall not apply to the Committee, whenever and to 
the extent it is determined by the President or his designee 
that the disclosure of matters involved in the Committee's 
proceedings would compromise the Government's negotiating 
objectives or bargaining positions on the negotiations of any 
agreement authorized by this title.
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    \23\ The functions conferred upon the President by this section 
relating to the determinations to be made about the disclosure of 
matters involved in the Committee's proceedings were delegated to the 
Director of the United States Information Agency, acting in 
consultation with the Secretary of State and the Secretary of the 
Treasury, by Executive Order 12555 (March 10, 1986; 51 F.R. 8475). See, 
however, note 4.
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  (i) Confidential Information.--
          (1) In general.--Any information (including trade 
        secrets and commercial or financial information which 
        is privileged or confidential) submitted in confidence 
        by the private sector to officers or employees of the 
        United States or to the Committee in connection with 
        the responsibilities of the Committee shall not be 
        disclosed to any person other than to--
                  (A) officers and employees of the United 
                States designated by the Director of the United 
                States Information Agency;
                  (B) members of the Committee on Ways and 
                Means of the House of Representatives and the 
                Committee on Finance of the Senate who are 
                designated by the chairman of either such 
                Committee and members of the staff of either 
                such Committee designated by the chairman for 
                use in connection with negotiation of 
                agreements or other activities authorized by 
                this title; and
                  (C) the Committee established under this 
                title.
          (2) Governmental information.--Information submitted 
        in confidence by officers or employees of the United 
        States to the Committee shall not be disclosed other 
        than in accordance with rules issued by the Director of 
        the United States Information Agency, after 
        consultation with the Committee. Such rules shall 
        define the categories of information which require 
        restricted or confidential handling by such Committee 
        considering the extent to which public disclosure of 
        such information can reasonably be expected to 
        prejudice the interests of the United States. Such 
        rules shall, to the maximum extent feasible, permit 
        meaningful consultations by Committee members with 
        persons affected by proposed agreements authorized by 
        this title.
    (j) No Authority To Negotiate.--Nothing contained in this 
section shall be construed to authorize or to permit any 
individual (not otherwise authorized or permitted) to 
participate directly in any negotiation of any agreement 
authorized by this title.

SEC. 307.\24\ IMPORT RESTRICTIONS.

    (a) Documentation of Lawful Exportation.--No designated 
archaeological or ethnological material that is exported 
(whether or not such exportation is to the United States) from 
the State Party after the designation of such material under 
section 305 may be imported into the United States unless the 
State Party issues a certification or other documentation which 
certifies that such exportation was not in violation of the 
laws of the State Party.
---------------------------------------------------------------------------
    \24\ 19 U.S.C. 2606.
---------------------------------------------------------------------------
    (b) Customs Action in Absence of Documentation.--If the 
consignee of any designated archaeological or ethnological 
material is unable to present to the customs officer concerned 
at the time of making entry of such material--
          (1) the certificate or other documentation of the 
        State Party required under subsection (a); or
          (2) satisfactory evidence that such material was 
        exported from the State Party--
                  (A) not less than ten years before the date 
                of such entry and that neither the person for 
                whose account the material is imported (or any 
                related person) contracted for or acquired an 
                interest, directly or indirectly, in such 
                material more than one year before that date of 
                entry, or
                  (B) on or before the date on which such 
                material was designated under section 305.
the customs officer concerned shall refuse to release the 
material from customs custody and send it to a bonded warehouse 
or store to be held at the risk and expense of the consignee, 
notwithstanding any other provision of law, until such 
documentation or evidence is filed with such officer. If such 
documentation or evidence is not presented within ninety days 
after the date on which such material is refused release from 
customs custody, or such longer period as may be allowed by the 
Secretary for good cause shown, the material shall be subject 
to seizure and forfeiture. The presentation of such 
documentation or evidence shall not bar subsequent action under 
section 310.
    (c) Definition of Satisfactory Evidence.--The term 
``satisfactory evidence'' means--
          (1) for purposes of subsection (b)(2)(A)--
                  (A) one or more declarations under oath by 
                the importer, or the person for whose account 
                the material is imported, stating that, to the 
                best of his knowledge--
                          (i) the material was exported from 
                        the State Party not less than ten years 
                        before the date of entry into the 
                        United States, and
                          (ii) neither such importer or person 
                        (or any related person) contracted for 
                        or acquired an interest, directly or 
                        indirectly, in such material more than 
                        one year before the date of entry of 
                        the material; and
                  (B) a statement provided by the consignor, or 
                person who sold the material to the importer, 
                which states the date, or, if not known, his 
                belief, that the material was exported from the 
                State Party not less than ten years before the 
                date of entry into the United States, and the 
                reasons on which the statement is based; and
          (2) for purposes of subsection (b)(2)(B)--
                  (A) one or more declarations under oath by 
                the importer or the person for whose account 
                the material is to be imported, stating that, 
                to the best of his knowledge, the material was 
                exported from the State Party on or before the 
                date such material was designated under section 
                305, and
                  (B) a statement by the consignor or person 
                who sold the material to the importer which 
                states the date, or if not known, his belief, 
                that the material was exported from the State 
                Party on or before the date such material was 
                designated under section 305, and the reasons 
                on which the statement is based.
    (d) Related Persons.--For purposes of subsections (b) and 
(c), a person shall be treated as a related person to an 
importer, or to a person for whose account material is 
imported, if such person--
          (1) is a member of the same family as the importer or 
        person of account, including, but not limited to, 
        membership as a brother or sister (whether by whole or 
        half blood), spouse, ancestor, or lineal descendant;
          (2) is a partner or associate with the importer or 
        person of account in any partnership, association, or 
        other venture; or
          (3) is a corporation or other legal entity in which 
        the importer or person of account directly or 
        indirectly owns, controls, or holds power to vote 20 
        percent or more of the outstanding voting stock or 
        shares in the entity.

SEC. 308.\25\ STOLEN CULTURAL PROPERTY.

    No article of cultural property documented as appertaining 
to the inventory of a museum or religious or secular public 
monument or similar institution in any State Party which is 
stolen from such institution after the effective date of this 
title, or after the date of entry into force of the Convention 
for the State Party, whichever date is later, may be imported 
into the United States.
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    \25\ 19 U.S.C. 2607.
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SEC. 309.\26\ TEMPORARY DISPOSITION OF MATERIALS AND ARTICLES SUBJECT 
                    TO TITLE.

    Pending a final determination as to whether any 
archaeological or ethnological material, or any article of 
cultural property has been imported into the United States in 
violation of section 307 or section 308, the Secretary shall, 
upon application by any museum or other cultural or scientific 
institution in the United States which is open to the public, 
permit such material or article to be retained at such 
institution if he finds that--
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    \26\ 19 U.S.C. 2608.
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          (1) sufficient safeguards will be taken by the 
        institution for the protection of such material or 
        article; and
          (2) sufficient bond is posted by the institution to 
        ensure its return to the Secretary.

SEC. 310.\27\ SEIZURE AND FORFEITURE.

    (a) In General.--Any designated archaeological or 
ethnological material or article of cultural property, as the 
case may be, which is imported into the United States in 
violation of section 307 or section 308 shall be subject to 
seizure and forfeiture. All provisions of law relating to 
seizure, forfeiture, and condemnation for violation of the 
customs laws shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under this title, insofar as 
such provisions of law are applicable to, and not inconsistent 
with, the provisions of this title.
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    \27\ 19 U.S.C. 2609.
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    (b) Archaeological and Ethnological Material.--Any 
designated archaeological and ethnological material which is 
imported into the United States in violation of section 307 and 
which is forfeited to the United States under this title 
shall--
          (1) first be offered for return to the State Party;
          (2) if not returned to the State Party, be returned 
        to a claimant with respect to whom the material was 
        forfeited if that claimant establishes--
                  (A) valid title to the material,
                  (B) that the claimant is a bona fide 
                purchaser for value of the material; or
          (3) if not returned to the State Party under 
        paragraph (1) or to a claimant under paragraph (2), be 
        disposed of in the manner prescribed by law for 
        articles forfeited for violation of the customs laws.
No return of material may be made under paragraph (1) or (2) 
unless the State Party or claimant, as the case may be, bears 
the expenses incurred incident to the return and deliver, and 
complies with such other requirements relating to the return as 
the Secretary shall prescribe.
    (c) Articles of Cultural Property.--
          (1) In any action for forfeiture under this section 
        regarding an article of cultural property imported into 
        the United States in violation of section 208, if the 
        claimant establishes valid title to the article, under 
        applicable law, as against the institution from which 
        the article was stolen, forfeiture shall not be decreed 
        unless the State Party to which the article is to be 
        returned pays the claimant just compensation for the 
        article. In any action for forfeiture under this 
        section where the claimant does not establish such 
        title but establishes that it purchased the article for 
        value without knowledge or reason to believe it was 
        stolen, forfeiture shall not be decreed unless--
                  (A) the State Party to which the article is 
                to be returned pays the claimant an amount 
                equal to the amount which the claimant paid for 
                the article, or
                  (B) the United States establishes that such 
                State Party, as a matter of law or reciprocity, 
                would in similar circumstances recover and 
                return an article stolen from an institution in 
                the United States without requiring the payment 
                of compensation.
          (2) Any article of cultural property which is 
        imported into the United States in violation of section 
        308 and which is forfeited to the United States under 
        this title shall--
                  (A) first be offered for return to the State 
                Party in whose territory is situated the 
                institution referred to in section 308 and 
                shall be returned if that State Party bears the 
                expenses incident to such return and delivery 
                and complies with such other requirements 
                relating to the return as the Secretary 
                prescribes; or
                  (B) if not returned to such State Party, be 
                disposed of in the manner prescribed by law for 
                articles forfeited for violation of the customs 
                laws.

SEC. 311.\28\ EVIDENTIARY REQUIREMENTS.

    Notwithstanding the provisions of section 615 of the Tariff 
Act of 1930 (19 U.S.C. 1615), in any forfeiture proceeding 
brought under this title in which the material or article, as 
the case may be, is claimed by any person, the United States 
shall establish--
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    \28\ 19 U.S.C. 2610.
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          (1) in the case of any material subject to the 
        provisions of section 307, that the material has been 
        listed by the Secretary in accordance with section 305; 
        and
          (2) in the case of any article subject to section 
        308, that the article--
                  (A) is documented as appertaining to the 
                inventory of a museum or religious or secular 
                public monument or similar institution in a 
                State Party, and
                  (B) was stolen from such institution after 
                the effective date of this title, or after the 
                date of entry into force of the Convention for 
                the State Party concerned, whichever date is 
                later.

SEC. 312.\29\ CERTAIN MATERIAL AND ARTICLES EXEMPT FROM TITLE.

    The provisions of this title shall not apply to--
---------------------------------------------------------------------------
    \29\ 19 U.S.C. 2611.
---------------------------------------------------------------------------
          (1) any archaeological or ethnological material or 
        any article of cultural property which is imported into 
        the United States for temporary exhibition or display 
        if such material or article is immune from seizure 
        under judicial process pursuant to the Act entitled 
        ``An Act to render immune from seizure under judicial 
        process certain objects of cultural significance 
        imported into the United States for temporary display 
        or exhibition, and for other purposes'', approved 
        October 19, 1965 (22 U.S.C. 2459); or
          (2) any designated archaeological or ethnological 
        material or any article of cultural property imported 
        into the United States if such material or article--
                  (A) has been held in the United States for a 
                period of not less than three consecutive years 
                by a recognized museum or religious or secular 
                monument or similar institution, and was 
                purchased by that institution for value, in 
                good faith, and without notice that such 
                material or article was imported in violation 
                of this title, but only if--
                          (i) the acquisition of such material 
                        or article has been reported in a 
                        publication of such institution, any 
                        regularly published newspaper or 
                        periodical with a circulation of at 
                        least fifty thousand, or a periodical 
                        or exhibition catalog which is 
                        concerned with the type of article or 
                        materials sought to be exempted from 
                        this title,
                          (ii) such material or article has 
                        been exhibited to the public for a 
                        period or periods aggregating at least 
                        one year during such three-year period, 
                        or
                          (iii) such article or material has 
                        been cataloged and the catalog material 
                        made available upon request to the 
                        public for at least two years during 
                        such three-year period;
                  (B) if subparagraph (A) does not apply, has 
                been within the United States for a period of 
                not less than ten consecutive years and has 
                been exhibited for not less than five years 
                during such period in a recognized museum or 
                religious or secular monument or similar 
                institution in the United States open to the 
                public; or
                  (C) if subparagraphs (A) and (B) do not 
                apply, has been within the United States for a 
                period of not less than ten consecutive years 
                and the State Party concerned has received or 
                should have received during such period fair 
                notice (through such adequate and accessible 
                publication, or other means, as the Secretary 
                shall by regulation prescribe) of its location 
                within the United States; and
                  (D) if none of the preceding subparagraphs 
                apply, has been within the United States for a 
                period of not less than twenty consecutive 
                years and the claimant establishes that it 
                purchased the material or article for value 
                without knowledge or reason to believe that it 
                was imported in violation of law.

SEC. 313.\30\ REGULATIONS.

    The Secretary shall prescribe such rules and regulations as 
are necessary and appropriate to carry out the provisions of 
this title.
---------------------------------------------------------------------------
    \30\ 19 U.S.C. 2612.
---------------------------------------------------------------------------

SEC. 314.\31\ ENFORCEMENT.

    In the customs territory of the United States, and in the 
Virgin Islands, the provisions of this title shall be enforced 
by appropriate customs officers. In any other territory or area 
within the United States, but not within such customs territory 
or the Virgin Islands, such provisions shall be enforced by 
such persons as may be designated by the President.
---------------------------------------------------------------------------
    \31\ 19 U.S.C. 2613.
---------------------------------------------------------------------------

SEC. 315. EFFECTIVE DATE.

    (a) In General.--This title shall take effect on the 
ninetieth day after the date of the enactment of this Act or on 
any date which the President shall prescribe and publish in the 
Federal Register, if such date is--
          (1) before such ninetieth day and after such date of 
        enactment; and
          (2) after the initial membership of the Committee is 
        appointed.
    (b) Exception.--Notwithstanding subsection (a), the members 
of the Committee may be appointed in the manner provided for in 
section 306 at any time after the date of the enactment of this 
Act.
   16. United States Recognition and Participation in International 
                              Expositions

Public Law 91-269 [S. 856], 84 Stat. 271, 22 U.S.C. 2801-2807, approved 
  May 27, 1970; as amended by Public Law 97-254 [H.R. 6409], 96 Stat. 
                    808, approved September 8, 1982

      AN ACT To provide for Federal Government recognition of and 
 participation in international expositions proposed to be held in the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That \1\ 
the Congress finds that--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2801.
---------------------------------------------------------------------------
          (a) international expositions, when properly 
        organized, financed, and executed, have a significant 
        impact on the economic growth of the region surrounding 
        the exposition and, under appropriate international 
        sanction, are important instruments of national policy, 
        particularly in the exchange of ideas and the 
        demonstration of cultural achievements between peoples;
          (b) in view of the widely varying circumstances under 
        which international expositions have developed in the 
        United States, the different degrees to which the 
        Federal Government has assisted and participated in 
        such expositions, and the increasing number of 
        proposals for future expositions, the national interest 
        requires that Federal action concerning such 
        expositions be given orderly consideration; and
          (c) such orderly consideration is best achieved by 
        the development of uniform standards, criteria, and 
        procedures to establish the conditions under which the 
        Government hereafter will (A) recognize international 
        expositions proposed to be held in the United States, 
        and (B) take part in such expositions.

                          federal recognition

    Sec. 2.\2\ (a) Any international exposition proposed to be 
held in the United States shall be eligible on application from 
its sponsors to receive the recognition of the Federal 
Government upon a finding of the President that recognition 
will be in the national interest. In making such a finding the 
President shall consider--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2802.
---------------------------------------------------------------------------
          (1) a report by the Secretary of Commerce which shall 
        include (A) an evaluation of purposes and reasons for 
        the exposition, and (B) a determination that guaranteed 
        financial and other support has been secured by the 
        exposition from affected State and local governments 
        and from business and civic leadership of the region 
        and others, in amounts sufficient in his judgment to 
        assure the successful development and progress of the 
        exposition;
          (2) a report by the Secretary of State that the 
        proposed exposition qualifies for consideration of 
        registration by the Bureau of International Expositions 
        (hereafter referred to as BIE); and
          (3) such other evidence as the President may consider 
        to be appropriate.
    (b) Upon a finding by the President that an international 
exposition is eligible for Federal recognition, the President 
may take such measures recognizing the exposition as he deems 
proper, including, but not limited to--
          (1) presenting of an official request by the United 
        States for registration of the exposition by the BIE;
          (2) providing for fulfillment of the requirements of 
        the Convention of November 22, 1928, as amended, 
        relating to international expositions; and
          (3) extending invitations, by proclamation or by such 
        other manner he deems proper, to the several States of 
        the Union and to foreign governments to take part in 
        the exposition, provided that he shall not extend such 
        an invitation until he has been notified officially of 
        BIE registration for the exposition.
    (c) The President shall report his actions under this 
section promptly to the Congress.

                         federal participation

    Sec. 3.\3\ (a) \4\ The Federal Government may participate 
in an international exposition proposed to be held in the 
United States only upon the authorization of the Congress. If 
the President finds that Federal participation is in the 
national interest, he shall transmit to the Congress his 
proposal for such participation, which proposal shall include--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2803.
    \4\ Sec. 16 of Public Law 97-254 (96 Stat. 812) inserted the 
subsec. designation ``(a)'', substituted the clause designations of 
(1), (2), and (3) in lieu of (a), (b), and (c), respectively, and added 
a new subsec. (b).
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          (1) \4\ evidence that the international exposition 
        has met the criteria for Federal recognition and, 
        pursuant to section 2 of this Act, it has been so 
        recognized;
          (2) \4\ a statement that the international exposition 
        has been registered by the BIE; and
          (3) \4\ a plan prepared by the Secretary of Commerce 
        in cooperation with other interested departments and 
        agencies of the Federal Government for Federal 
        participation in the exposition. The Secretary of 
        Commerce shall include in such plan any documentation 
        described in subsection (b)(1)(A) of this section, a 
        rendering of any design described in subsection 
        (b)(1)(B) of this section, and any recommendation based 
        on the determination under subsection (b)(1)(C) of this 
        section.\5\
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    \5\ Sec. 16 of Public Law 97-254 (96 Stat. 812) substituted this 
sentence in lieu of the final three sentences of clause (3).
---------------------------------------------------------------------------
    (b) \4\ (1) In developing a plan under subsection (a)(3) of 
this section the Secretary of Commerce shall consider whether 
the plan should include the construction of a Federal pavilion. 
If the Secretary of Commerce determines that a Federal pavilion 
should be constructed, he shall request the Administrator of 
General Services (hereinafter in this section referred to as 
the ``Administrator'') to determine, in consultation with such 
Secretary, whether there is a federally endorsed need for a 
permanent structure in the area of the exposition. If the 
Administrator determines that any such need exists--
          (A) the Administrator shall fully document such 
        determination, including the identification of the 
        need, and shall transmit such documentation to the 
        Secretary of Commerce;
          (B) the Secretary of Commerce, in consultation with 
        the Administrator, shall design a pavilion which 
        satisfies the federally endorsed needs for--
                  (i) participation in the exposition; and
                  (ii) permanent use of such pavilion after the 
                termination of participation in the exposition; 
                and
          (C) the Secretary of Commerce shall determine whether 
        the Federal Government should be deeded a satisfactory 
        site for the Federal pavilion in fee simple, free of 
        all liens and encumbrances, as a condition of 
        participation in the exposition.
    (2) Notwithstanding paragraph (1)(B) of this subsection, if 
the Secretary of Commerce, in consultation with the 
Administrator determines that no design of a Federal pavilion 
will satisfy both needs described in paragraph (1)(B) of this 
subsection, the Secretary shall design a temporary Federal 
pavilion.
    (c) The enactment of a specific authorization of 
appropriations shall be required--
          (1) to construct a Federal pavilion in accordance 
        with the plan prepared pursuant to subsection (a)(3) of 
        this section;
          (2) if the Federal pavilion is not temporary, to 
        modify such Federal pavilion after termination of 
        participation in the exposition if modification is 
        necessary to adapt such pavilion for use by the Federal 
        Government to satisfy a need described in subsection 
        (b)(1)(B)(ii) of this section; and
          (3) if the Federal pavilion is temporary, to 
        dismantle, demolish, or otherwise dispose of such 
        Federal pavilion after termination of Federal 
        participation in the exposition.
    (d) For the purposes of this section--
          (1) a Federal pavilion shall be considered to satisfy 
        both needs described in subsection (b)(1)(B) of this 
        section if the Federal pavilion which satisfies the 
        needs described in paragraph (1)(B)(i) of such 
        subsection can be modified after completion of the 
        exposition to satisfy the needs described in paragraph 
        (1)(B)(ii) of such subsection, provided that such 
        modification shall cost no more than the expense of 
        demolition, dismantling, or other disposal, or if the 
        cost is higher, it shall be no more than 50 per centum 
        of the original cost of the construction of the 
        pavilion; and
          (2) a Federal pavilion is temporary if the Federal 
        pavilion is designed to satisfy the minimum needs of 
        the Federal Government described in subsection 
        (b)(1)(B)(i) of this section and is intended for 
        disposal by the Federal Government after the 
        termination of participation in the exposition.

        establishment and publication of standards and criteria

    Sec. 4.\6\ (a) The Secretary of Commerce is hereby 
authorized and directed to establish and maintain standards, 
definitions, and criteria which are adequate to carry out the 
purposes of section 2(a)(1) and section 3(a) of this Act; and
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2804.
---------------------------------------------------------------------------
    (b) Standards, definitions, and criteria established by the 
Secretary and such revisions in them as he may make from time 
to time shall be published in the Federal Register.
    Sec. 5.\7\ The President may withdraw Federal recognition 
or participation whenever he finds that continuing recognition 
or participation would be inconsistent with the national 
interest and with the purposes of this Act.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2805.
---------------------------------------------------------------------------
    Sec. 6.\8\ Nothing in this Act shall affect or limit the 
authority of Federal departments and agencies to participate in 
international expositions or events otherwise authorized by 
law.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2806.
---------------------------------------------------------------------------
    Sec. 7. Section 8 of Public Law 89-685 is hereby repealed.
    Sec. 8.\9\ There are authorized to be appropriated such 
sums, not to exceed $200,000 in any fiscal year, as may be 
necessary to carry out the purposes of this Act.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2807.
                     17. International Broadcasting

        a. United States International Broadcasting Act of 1994

 Title III of Public Law 103-236 [Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 432, approved 
 April 30, 1994; amended by Public Law 103-415 [H.R. 5034], 108 Stat. 
 4299, approved October 25, 1994; Public Law 105-277 [Foreign Affairs 
Agencies Consolidation Act of 1998; H.R. 4328], 112 Stat. 2681 at 2681-
   765, approved October 21, 1998; Public Law 105-292 [International 
  Religious Freedom Act of 1998; H.R. 2431], 112 Stat. 2787, approved 
October 27, 1998; and by Public Law 106-113 [Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001; H.R. 3427, enacted by reference in H.R. 3194], 113 Stat. 1501 at 
                    1536, approved November 29, 1999

  AN ACT To authorize appropriations for the Department of State, the 
 United States Information Agency, and related agencies, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

        TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT

SEC. 301.\1\ SHORT TITLE.

    This title may be cited as the ``United States 
International Broadcasting Act of 1994''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6201 note.
---------------------------------------------------------------------------

SEC. 302.\2\ CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.

    The Congress makes the following findings and declarations:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 6201.
---------------------------------------------------------------------------
          (1) It is the policy of the United States to promote 
        the right of freedom of opinion and expression, 
        including the freedom ``to seek, receive, and impart 
        information and ideas through any media and regardless 
        of frontiers,'' in accordance with Article 19 of the 
        Universal Declaration of Human Rights.
          (2) Open communication of information and ideas among 
        the peoples of the world contributes to international 
        peace and stability and the promotion of such 
        communication is in the interests of the United States.
          (3) It is in the interest of the United States to 
        support broadcasting to other nations consistent with 
        the requirements of this title.
          (4) The continuation of existing United States 
        international broadcasting, and the creation of a new 
        broadcasting service to the people of the People's 
        Republic of China and other countries of Asia which 
        lack adequate sources of free information, would 
        enhance the promotion of information and ideas, while 
        advancing the goals of United States foreign policy.
          (5) The reorganization and consolidation of United 
        States international broadcasting will achieve 
        important economies and strengthen the capability of 
        the United States to use broadcasting to support 
        freedom and democracy in a rapidly changing 
        international environment.

SEC. 303.\3\ STANDARDS AND PRINCIPLES.

    (a) Broadcasting Standards.--United States international 
broadcasting shall--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 6202.
---------------------------------------------------------------------------
          (1) be consistent with the broad foreign policy 
        objectives of the United States;
          (2) be consistent with the international 
        telecommunications policies and treaty obligations of 
        the United States;
          (3) not duplicate the activities of private United 
        States broadcasters;
          (4) not duplicate the activities of government 
        supported broadcasting entities of other democratic 
        nations;
          (5) be conducted in accordance with the highest 
        professional standards of broadcast journalism;
          (6) be based on reliable information about its 
        potential audience; \4\
---------------------------------------------------------------------------
    \4\ Sec. 502 of the International Religious Freedom Act of 1998 
(Public Law 105-292; 112 Stat. 2811) struck out ``and'' at the end of 
para. (6); replaced a period with ``; and'' at the end of para. (7); 
and added a new para. (8).
---------------------------------------------------------------------------
          (7) be designed so as to effectively reach a 
        significant audience; and \4\
          (8) \4\ promote respect for human rights, including 
        freedom of religion.
    (b) Broadcasting Principles.--United States international 
broadcasting shall include--
          (1) news which is consistently reliable and 
        authoritative, accurate, objective, and comprehensive;
          (2) a balanced and comprehensive projection of United 
        States thought and institutions, reflecting the 
        diversity of United States culture and society;
          (3) clear and effective presentation of the policies, 
        including editorials, broadcast by the Voice of 
        America, which present the views of the United States 
        Government \5\ of the United States Government and 
        responsible discussion and opinion on those policies;
---------------------------------------------------------------------------
    \5\ Sec. 1323(d)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) inserted ``, including editorials, broadcast by the Voice of 
America, which present the views of the United States Government'' 
after ``policies''.
---------------------------------------------------------------------------
          (4) \6\ the capability to provide a surge capacity to 
        support United States foreign policy objectives during 
        crises abroad;
---------------------------------------------------------------------------
    \6\ Sec. 1323(d)(2) and (3) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) redesignated paras. (4) through (9) as paras. 
(5) through (10) and added a new para. (4).
---------------------------------------------------------------------------
          (5) \6\ programming to meet needs which remain 
        unserved by the totality of media voices available to 
        the people of certain nations;
          (6) \6\ information about developments in each 
        significant region of the world;
          (7) \6\ a variety of opinions and voices from within 
        particular nations and regions prevented by censorship 
        or repression from speaking to their fellow countrymen;
          (8) \6\ reliable research capacity to meet the 
        criteria under this section;
          (9) \6\ adequate transmitter and relay capacity to 
        support the activities described in this section; and
          (10) \6\ training and technical support for 
        independent indigenous media through government 
        agencies or private United States entities.
    (c) \7\ Voice of America Broadcasts.--The long-range 
interests of the United States are served by communicating 
directly with the peoples of the world by radio. To be 
effective, the Voice of America must win the attention and 
respect of listeners. These principles will therefore govern 
Voice of America (VOA) broadcasts:
---------------------------------------------------------------------------
    \7\ Sec. 1(p) of Public Law 103-415 (108 Stat. 4301) added subsec. 
(c).
---------------------------------------------------------------------------
          (1) VOA will serve as a consistently reliable and 
        authoritative source of news. VOA news will be 
        accurate, objective, and comprehensive.
          (2) VOA will represent America, not any single 
        segment of American society, and will therefore present 
        a balanced and comprehensive projection of significant 
        American thought and institutions.
          (3) VOA will present the policies of the United 
        States clearly and effectively, and will also present 
        responsible discussions and opinion on these policies.

SEC. 304.\8\ ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

    (a) \9\ Continued Existence Within Executive Branch.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 6203.
    \9\ Sec. 1322 of the Foreign Affairs Agencies Consolidation Act of 
1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 2681-
777) amended and restated subsec. (a). It formerly read as follows:
    ``(a) Establishment.--There is hereby established within the United 
States Information Agency a Broadcasting Board of Governors (hereafter 
in this title referred to as the `Board').''.
---------------------------------------------------------------------------
          (1) In general.--The Broadcasting Board of Governors 
        shall continue to exist within the Executive branch of 
        Government as an entity described in section 104 of 
        title 5, United States Code.
          (2) Retention of existing board members.--The members 
        of the Broadcasting Board of Governors appointed by the 
        President pursuant to subsection (b)(1)(A) before the 
        effective date of title XIII of the Foreign Affairs 
        Agencies Consolidation Act of 1998 and holding office 
        as of that date may serve the remainder of their terms 
        of office without reappointment.
          (3) Inspector general authorities.--
                  (A) In general.--The Inspector General of the 
                Department of State and the Foreign Service 
                shall exercise the same authorities with 
                respect to the Broadcasting Board of Governors 
                and the International Broadcasting Bureau as 
                the Inspector General exercises under the 
                Inspector General Act of 1978 and section 209 
                of the Foreign Service Act of 1980 with respect 
                to the Department of State.
                  (B) Respect for journalistic integrity of 
                broadcasters.--The Inspector General shall 
                respect the journalistic integrity of all the 
                broadcasters covered by this title and may not 
                evaluate the philosophical or political 
                perspectives reflected in the content of 
                broadcasts.
    (b) Composition of the Board.--
          (1) The Board shall consist of 9 members, as follows:
                  (A) 8 voting members who shall be appointed 
                by the President, by and with the advice and 
                consent of the Senate.
                  (B) The Secretary of State \10\ who shall 
                also be a voting member.
---------------------------------------------------------------------------
    \10\ Sec. 1323(b) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) struck out ``Director of the United States Information 
Agency'' and inserted in lieu thereof ``Secretary of State''.
---------------------------------------------------------------------------
          (2) The President shall appoint \11\ one member 
        (other than the Secretary of State) \10\ as Chairman of 
        the Board, subject to the advice and consent of the 
        Senate.\11\
---------------------------------------------------------------------------
    \11\ Sec. 502 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``designate'' and inserted in lieu thereof 
``appoint'', and inserted ``, subject to the advice and consent of the 
Senate'' at the end of the sentence.
---------------------------------------------------------------------------
          (3) Exclusive of the Secretary of State,\10\ not more 
        than 4 of the members of the Board appointed by the 
        President shall be of the same political party.
    (c) Term of Office.--The term of office of each member of 
the Board shall be three years, except that the Secretary of 
State \10\ shall remain a member of the Board during the 
Director's term of service. Of the other 8 voting members, the 
initial terms of office of two members shall be one year, and 
the initial terms of office of 3 other members shall be two 
years, as determined by the President. The President shall 
appoint, by and with the advice and consent of the Senate, 
Board members to fill vacancies occurring prior to the 
expiration of a term, in which case the members so appointed 
shall serve for the remainder of such term. Any member whose 
term has expired may serve until a successor has been appointed 
and qualified. When there is no Secretary of State,\10\ the 
Acting Secretary of State \12\ shall serve as a member of the 
Board until a Director is appointed.
---------------------------------------------------------------------------
    \12\ Sec. 1323(c) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) struck out ``acting Director of the agency'' and inserted in 
lieu thereof ``Acting Secretary of State''.
---------------------------------------------------------------------------
    (d) Selection of Board.--Members of the Board appointed by 
the President shall be citizens of the United States who are 
not regular full-time employees of the United States 
Government. Such members shall be selected by the President 
from among Americans distinguished in the fields of mass 
communications, print, broadcast media, or foreign affairs.
    (e) Compensation.--Members of the Board, while attending 
meetings of the Board or while engaged in duties relating to 
such meetings or in other activities of the Board pursuant to 
this section (including travel time) shall be entitled to 
receive compensation equal to the daily equivalent of the 
compensation prescribed for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code. While away 
from their homes or regular places of business, members of the 
Board may be allowed travel expenses, including per diem in 
lieu of subsistence, as authorized by law (5 U.S.C. 5703) for 
persons in the Government service employed intermittently. The 
Secretary of State \10\ shall not be entitled to any 
compensation under this title, but may be allowed travel 
expenses as provided under this subsection.
    (f) Decisions.--Decisions of the Board shall be made by 
majority vote, a quorum being present. A quorum shall consist 
of 5 members.
    (g) \13\ Immunity from Civil Liability.--Notwithstanding 
any other provision of law, any and all limitations on 
liability that apply to the members of the Broadcasting Board 
of Governors also shall apply to such members when acting in 
their capacities as members of the boards of directors of RFE/
RL, Incorporated and Radio Free Asia.
---------------------------------------------------------------------------
    \13\ Sec. 504 of Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), added subsec. (g).
---------------------------------------------------------------------------

SEC. 305.\14\ AUTHORITIES OF THE BOARD.

    (a) Authorities.--The Board shall have the following 
authorities:
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 6204.
---------------------------------------------------------------------------
          (1) To \15\ supervise all broadcasting activities 
        conducted pursuant to this title, the Radio 
        Broadcasting to Cuba Act, the Television Broadcasting 
        to Cuba Act, and Worldnet Television, except as 
        provided in section 306(b).\16\
---------------------------------------------------------------------------
    \15\ Sec. 1323(e)(1)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) struck out ``direct and'' at this point.
    \16\ Sec. 1323(e)(1)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) struck out ``and the Television Broadcasting 
to Cuba Act'' and inserted in lieu thereof ``, the Television 
Broadcasting to Cuba Act, and Worldnet Television, except as provided 
in section 306(b)''.
---------------------------------------------------------------------------
          (2) To review and evaluate the mission and operation 
        of, and to assess the quality, effectiveness, and 
        professional integrity of, all such activities within 
        the context of the broad foreign policy objectives of 
        the United States.
          (3) To ensure that United States international 
        broadcasting is conducted in accordance with the 
        standards and principles contained in section 303.
          (4) To review, evaluate, and determine, at least 
        annually,, after consultation with the Secretary of 
        State,\17\ the addition or deletion of language 
        services.
---------------------------------------------------------------------------
    \17\ Sec. 1323(e)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) inserted ``, after consultation with the Secretary of 
State,'' after ``annually,'' (resulting in a double comma after 
``annually'').
---------------------------------------------------------------------------
          (5) To make and supervise grants for broadcasting and 
        related activities in accordance with sections 308 and 
        309.
          (6) To allocate funds appropriated for international 
        broadcasting activities among the various elements of 
        the International Broadcasting Bureau and grantees, 
        subject to the limitations in sections 308 and 309 and 
        subject to reprogramming notification requirements in 
        law for the reallocation of funds.
          (7) To review engineering activities to ensure that 
        all broadcasting elements receive the highest quality 
        and cost-effective delivery services.
          (8) To undertake such studies as may be necessary to 
        identify areas in which broadcasting activities under 
        its authority could be made more efficient and 
        economical.
          (9) To submit to the President and the Congress,\18\ 
        an annual report which summarizes and evaluates 
        activities under this title, the Radio Broadcasting to 
        Cuba Act, and the Television Broadcasting to Cuba Act. 
        Each annual report shall place special emphasis on the 
        assessment described in paragraph (2).\19\
---------------------------------------------------------------------------
    \18\ Sec. 1323(e)(3)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) struck out ``through the Director of the 
United States Information Agency,''.
    \19\ Sec. 1323(e)(3)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) added the sentence beginning ``Each annual 
report''.
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          (10) To the extent considered necessary to carry out 
        the functions of the Board, procure supplies, services, 
        and other personal property.
          (11) To appoint such staff personnel for the Board as 
        the Board may determine to be necessary, subject to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and to fix 
        their compensation in accordance with the provisions of 
        chapter 51 and subchapter III of chapter 53 of such 
        title relating to classification and General Schedule 
        pay rates.
          (12) To obligate and expend, for official reception 
        and representation expenses, such amount as may be made 
        available through appropriations (which for each of the 
        fiscal years 1998 and 1999 \20\ may not exceed the 
        amount made available to the Board and the 
        International Broadcasting Bureau for such purposes for 
        fiscal year 1997).\21\
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    \20\ Sec. 1323(e)(4)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) struck out ``1994 and 1995'' and inserted in 
lieu thereof ``1998 and 1999''.
    \21\ Sec. 1323(e)(4)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) struck out ``to the Board for International 
Broadcasting for such purposes for fiscal year 1993'' and inserted in 
lieu thereof ``to the Board and the International Broadcasting Bureau 
for such purposes for fiscal year 1997''.
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          (13) To make available in the annual report required 
        by paragraph (9) information on funds expended on 
        administrative and managerial services by the Bureau 
        and by grantees and the steps the Board has taken to 
        reduce unnecessary overhead costs for each of the 
        broadcasting services.
          (14) The Board may provide for the use of United 
        States Government transmitter capacity for relay of 
        \22\ Radio Free Asia.
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    \22\ Sec. 1(s)(1) of Public Law 103-415 (108 Stat. 4302) struck out 
``to'' and inserted in lieu thereof ``of''.
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          (15) \23\ (A) To procure temporary and intermittent 
        personal services to the same extent as is authorized 
        by section 3109 of title 5, United States Code, at 
        rates not to exceed the daily equivalent of the rate 
        provided for positions classified above grade GS-15 of 
        the General Schedule under section 5108 of title 5, 
        United States Code.
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    \23\ Sec. 1323(e)(5) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) added paras. (15) through (18).
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          (B) To allow those providing such services, while 
        away from their homes or their regular places of 
        business, travel expenses (including per diem in lieu 
        of subsistence) as authorized by section 5703 of title 
        5, United States Code, for persons in the Government 
        service employed intermittently, while so employed.
          (16) \23\ To procure, pursuant to section 1535 of 
        title 31, United States Code (commonly known as the 
        ``Economy Act''), such goods and services from other 
        departments or agencies for the Board and the 
        International Broadcasting Bureau as the Board 
        determines are appropriate.
          (17) \23\ To utilize the provisions of titles III, 
        IV, V, VII, VIII, IX, and X of the United States 
        Information and Educational Exchange Act of 1948, and 
        section 6 of Reorganization Plan Number 2 of 1977, as 
        in effect on the day before the effective date of title 
        XIII of the Foreign Affairs Agencies Consolidation Act 
        of 1998, to the extent the Board considers necessary in 
        carrying out the provisions and purposes of this title.
          (18) \23\ To utilize the authorities of any other 
        statute, reorganization plan, Executive order, 
        regulation, agreement, determination, or other official 
        document or proceeding that had been available to the 
        Director of the United States Information Agency, the 
        Bureau, or the Board before the effective date of title 
        XIII of the Foreign Affairs Consolidation Act of 1998 
        for carrying out the broadcasting activities covered by 
        this title.
    (b) \24\ Delegation of Authority.--The Board may delegate 
to the Director of the International Broadcasting Bureau, or 
any other officer or employee of the United States, to the 
extent the Board determines to be appropriate, the authorities 
provided in this section, except those authorities provided in 
paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of 
subsection (a).
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    \24\ Sec. 1323(f) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-779) redesignated subsecs. (b), (c), and (d) as subsecs. (c), (d), 
and (e), and added a new subsec. (b).
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    (c) \24\, \25\ Broadcasting Budgets.--
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    \25\ Sec. 1323(g) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) struck out para. designation (1) before ``The Director'' and 
struck out ``the Director of the United States Information Agency for 
the consideration of the Director as a part of the Agency's budget 
submission to'' after ``Television Broadcasting to Cuba Act to''. Sec. 
1323(h) of that Act repealed para. (2) of this subsection, which had 
required that the USIA Director include in the Agency's submission to 
the Office of Management and Budget the comments and recommendations of 
the Board concerning the proposed broadcasting budget.
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          The Director of the Bureau and the grantees 
        identified in sections 308 and 309 shall submit 
        proposed budgets to the Board. The Board shall forward 
        its recommendations concerning the proposed budget for 
        the Board and broadcasting activities under this title, 
        the Radio Broadcasting to Cuba Act, and the Television 
        Broadcasting to Cuba Act to the Office of Management 
        and Budget.
    (d) \26\ Professional Independence of Broadcasters.--The 
Secretary of State and the Board, in carrying out their 
functions, shall respect the professional independence and 
integrity of the International Broadcasting Bureau, its 
broadcasting services, and the grantees of the Board.
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    \26\ Sec. 1323(i) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-778) amended and restated subsec. (d), as resdesignated. It 
previously read as follows:
    ``(d) Implementation.--The Director of the United States 
Information Agency and the Board, in carrying out their functions, 
shall respect the professional independence and integrity of the 
International Broadcasting Bureau, its broadcasting services, and 
grantees.''.
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    (e) \24\ Technical Amendment.--
          (1) Section 4 of the Radio Broadcasting to Cuba Act 
        (22 U.S.C. 1465b) is amended by striking ``and the 
        Associate Director for Broadcasting of the United 
        States Information Agency'' and inserting ``of the 
        Voice of America''.
          (2) Section 5(b) of the Radio Broadcasting to Cuba 
        Act (22 U.S.C.1465c(b)) is amended by striking 
        ``Director and Associate Director for Broadcasting of 
        the United States Information Agency'' and inserting 
        ``Broadcasting Board of Governors''.

SEC. 306.\27\ ROLE OF THE SECRETARY OF STATE.

    (a) Foreign Policy Guidance.--To assist the Board in 
carrying out its functions, the Secretary of State shall 
provide information and guidance on foreign policy issues to 
the Board, as the Secretary may deem appropriate.
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    \27\ 22 U.S.C. 6205. Sec. 1323(j) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (division B, subdivision A of Public Law 105-
277; 112 Stat. 2681-778) struck out `FOREIGN POLICY GUIDANCE'' in the 
section catchline, inserting instead ``ROLE OF THE SECRETARY OF 
STATE''; inserted ``(a) Foreign Policy Guidance''; struck out ``State, 
acting through the Director of the United States Information Agency,'' 
and inserted in lieu thereof ``State''; inserted at the end of newly 
designated subsec. (a) ``, as the Secretary may deem appropriate''; and 
added a new subsec. (b).
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    (b) \27\ Certain Worldnet Programming.--The Secretary of 
State is authorized to use Worldnet broadcasts for the purposes 
of continuing interactive dialogues with foreign media and 
other similar overseas public diplomacy programs sponsored by 
the Department of State. The Chairman of the Broadcasting Board 
of Governors shall provide access to Worldnet for this purpose 
on a nonreimbursable basis.

SEC. 307.\28\ INTERNATIONAL BROADCASTING BUREAU.

    (a) Establishment.--There is hereby established an 
International Broadcasting Bureau under the Board \29\ 
(hereafter in this title referred to as the ``Bureau''), to 
carry out all nonmilitary international broadcasting activities 
supported by the United States Government other than those 
described in sections 308 and 309.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 6206.
    \29\ Sec. 1323(k)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-780) struck out ``within the United States Information Agency'' 
and inserted in lieu thereof ``under the Board''.
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    (b) \30\ Selection of the Director of the Bureau.--The 
Director of the Bureau shall be appointed by the President, by 
and with the advice and consent of the Senate.\31\ The Director 
of the Bureau shall be entitled to receive compensation at the 
rate prescribed by law for level IV of the Executive Schedule.
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    \30\ Sec. 1323(k)(3) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-780) struck out para. designation (1) and struck out text of para. 
(2) in subsec. (b). Para. (2) had amended 5 U.S.C. 5315 to include 
``Director of the International Broadcasting Bureau, the United States 
Information Agency.''.
    \31\ Sec. 1323(k)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-780) struck out ``Director of the United States Information Agency 
and with the concurrence of a majority of the Board'' and inserted in 
lieu thereof ``President, by and with the advice and consent of the 
Senate''.
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    (c) \32\ Responsibilities of the Director.--The Director 
shall organize and chair a coordinating committee to examine 
and make recommendations to the Board on long-term strategies 
for the future of international broadcasting, including the use 
of new technologies, further consolidation of broadcast 
services, and consolidation of currently existing public 
affairs and legislative relations functions in the various 
international broadcasting entities. The coordinating committee 
shall include representatives of Radio Free Asia, RFE/RL, 
Incorporated, the Broadcasting Board of Governors, and, as 
appropriate, the Office of Cuba Broadcasting, the Voice of 
America, and Worldnet.
---------------------------------------------------------------------------
    \32\ Sec. 1323(k)(5) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-780) added subsec. (c).
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SEC. 308.\33\ LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.

    (a) Board of RFE/RL, Incorporated.--The Board may not make 
any grant to RFE/RL, Incorporated, unless the certificate of 
incorporation of RFE/RL, Incorporated, has been amended to 
provide that--
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 6207.
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          (1) the Board of Directors of RFE/RL, Incorporated, 
        shall consist of the members of the Broadcasting Board 
        of Governors established under section 304 and of no 
        other members; and
          (2) such Board of Directors shall make all major 
        policy determinations governing the operation of RFE/
        RL, Incorporated, and shall appoint and fix the 
        compensation of such managerial officers and employees 
        of RFE/RL, Incorporated, as it considers necessary to 
        carry out the purposes of the grant provided under this 
        title.
    (b) Location of Principal Place of Business.--
          (1) The Board may not make any grant to RFE/RL, 
        Incorporated unless the headquarters of RFE/RL, 
        Incorporated and its senior administrative and 
        managerial staff are in a location which ensures 
        economy, operational effectiveness, and accountability 
        to the Board.
          (2) Not later than 90 days after confirmation of all 
        members of the Board, the Board shall provide a report 
        to Congress on the number of administrative, 
        managerial, and technical staff of RFE/RL, Incorporated 
        who will be located within the metropolitan area of 
        Washington, D.C., and the number of employees whose 
        principal place of business will be located outside the 
        metropolitan area of Washington, D.C.
    (c) Limitation on Grant Amounts.--The total amount of 
grants made by the Board for the operating costs of Radio Free 
Europe and Radio Liberty may not exceed $75,000,000 for any 
fiscal year after fiscal year 1995.
    (d) Alternative Grantee.--If the Board determines at any 
time that RFE/RL, Incorporated, is not carrying out the 
functions described in section 309 in an effective and 
economical manner, the Board may award the grant to carry out 
such functions to another entity after soliciting and 
considering applications from eligible entities in such manner 
and accompanied by such information as the Board may reasonably 
require.
    (e) Not a Federal Agency or Instrumentality.--Nothing in 
this title may be construed to make RFE/RL, Incorporated a 
Federal agency or instrumentality.
    (f) Authority.--Grants authorized under section 305 for 
RFE/RL, Incorporated, shall be available to make annual grants 
for the purpose of carrying out similar functions as were 
carried out by RFE/RL, Incorporated, on the day before the date 
of enactment of this Act with respect to Radio Free Europe and 
Radio Liberty, consistent with section 2 of the Board for 
International Broadcasting Act of 1973, as in effect on such 
date.
    (g) Grant Agreement.--Grants to RFE/RL, Incorporated, by 
the Board shall only be made in compliance with a grant 
agreement. The grant agreement shall establish guidelines for 
such grants. The grant agreement shall include the following 
provisions--
          (1) that a grant be used only for activities which 
        the Board determines are consistent with the purposes 
        of subsection (f);
          (2) that RFE/RL, Incorporated, shall otherwise comply 
        with the requirements of this section;
          (3) that failure to comply with the requirements of 
        this section may result in suspension or termination of 
        a grant without further obligation by the Board or the 
        United States;
          (4) that duplication of language services and 
        technical operations between RFE/RL, Incorporated and 
        the International Broadcasting Bureau be reduced to the 
        extent appropriate, as determined by the Board; and
          (5) that RFE/RL, Incorporated, justify in detail each 
        proposed expenditure of grant funds, and that such 
        funds may not be used for any other purpose unless the 
        Board gives its prior written approval.
    (h) Prohibited Uses of Grant Funds.--No grant funds 
provided under this section may be used for the following 
purposes:
          (1)(A) Except as provided in subparagraph (B), to pay 
        any salary or other compensation, or enter into any 
        contract providing for the payment of salary or 
        compensation in excess of the rates established for 
        comparable positions under title 5 of the United States 
        Code or the foreign relations laws of the United 
        States, except that no employee may be paid a salary or 
        other compensation in excess of the rate of pay payable 
        for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code.
          (B) Salary and other compensation limitations under 
        subparagraph (A) shall not apply prior to October 1, 
        1995, with respect to any employee covered by a union 
        agreement requiring a salary or other compensation in 
        excess of such limitations.
          (2) For any activity for the purpose of influencing 
        the passage or defeat of legislation being considered 
        by Congress.
          (3) To enter into a contract or obligation to pay 
        severance payments for voluntary separation for 
        employees hired after December 1, 1990, except as may 
        be required by United States law or the laws of the 
        country where the employee is stationed.
          (4) For first class travel for any employee of RFE/
        RL, Incorporated, or the relative of any employee.
          (5) To compensate freelance contractors without the 
        approval of the Board.
    (i) Report on Management Practices.--(1) Effective not 
later than March 31 and September 30 of each calendar year, the 
Inspector General of the Department of State and the Foreign 
Service \34\ shall submit to the Board \35\ and the Congress a 
report on management practices of RFE/RL, Incorporated, under 
this section. The Inspector General of the Department of State 
and the Foreign Service \34\ shall establish a special unit 
within the Inspector General's office to monitor and audit the 
activities of RFE/RL, Incorporated, and shall provide for on-
site monitoring of such activities.
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    \34\ Sec. 1314(d)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-777) struck out ``Inspector General of the United States 
Information Agency'' and inserted in lieu thereof ``Inspector General 
of the Department of State and the Foreign Service''. Subsec. (e) of 
that section, furthermore, provided the following:
    ``(e) Transfer of Functions.--There are transferred to the Office 
of the Inspector General of the Department of State and the Foreign 
Service 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).''.
    \35\ Sec. 1314(d)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-777) struck out ``, the Director of the United States Information 
Agency,''.
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    (j) Audit Authority.--
          (1) Such financial transactions of RFE/RL, 
        Incorporated, as relate to functions carried out under 
        this section may be audited by the General Accounting 
        Office in accordance with such principles and 
        procedures and under such rules and regulations as may 
        be prescribed by the Comptroller General of the United 
        States. Any such audit shall be conducted at the place 
        or places where accounts of RFE/RL, Incorporated, are 
        normally kept.
          (2) Representatives of the General Accounting Office 
        shall have access to all books, accounts, records, 
        reports, files, papers, and property belonging to or in 
        use by RFE/RL, Incorporated pertaining to such 
        financial transactions and necessary to facilitate an 
        audit. Such representatives shall be afforded full 
        facilities for verifying transactions with any assets 
        held by depositories, fiscal agents, and custodians. 
        All such books, accounts, records, reports, files, 
        papers, and property of RFE/RL, Incorporated, shall 
        remain in the possession and custody of RFE/RL, 
        Incorporated.
          (3) Notwithstanding any other provision of law and 
        upon repeal of the Board for International Broadcasting 
        Act, the Inspector General of the Department of State 
        and the Foreign Service \34\ is authorized to exercise 
        the authorities of the Inspector General Act of 1978 
        with respect to RFE/RL, Incorporated.
    (k) \36\ * * * [Repealed--1998]
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    \36\ Sec. 1323(l)(1) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (division B, subdivision A of Public Law 105-277; 112 Stat. 
2681-780) repealed subsecs. (k) and (l). The subsections had provided 
as follows:
    ``(k) Plan for Relocation.--None of the funds authorized to be 
appropriated for the fiscal years 1994 or 1995 may be used to relocate 
the offices or operations of RFE/RL, Incorporated from Munich, Germany, 
unless--
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          ``(1) such relocation is specifically provided for in an 
        appropriation Act or pursuant to a reprogramming notification; 
        and
          ``(2)(A) such relocation is authorized by the Board and the 
        Board submits to the Comptroller General of the United States 
        and the appropriate Congressional committees a detailed plan 
        for such relocation, including cost estimates and any and all 
        fiscal data, audits, business plans, and other documents which 
        justify such relocation; or
          ``(B) prior to the confirmation of all members of the Board, 
        such relocation is authorized by the President, the President 
        certifies that a significant national interest requires that 
        such relocation determination be made before the confirmation 
        of all members of the Board, and the President submits to the 
        Comptroller General of the United States and the appropriate 
        congressional committees a detailed plan for such relocation, 
        including cost estimates and any and all fiscal data, audits, 
        business plans, and other documents which justify such 
        relocation.
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    ``(l) Reports on Personnel Classification.--Not later than 90 days 
after the date of confirmation of all members of the Board, the Board 
shall submit a report to the Congress containing a justification, in 
terms of the types of duties performed at specific rates of salary and 
other compensation, of the classification of personnel employed by RFE/
RL, Incorporated. The report shall include a comparison of the rates of 
salary or other compensation and classifications provided to employees 
of RFE/RL, Incorporated, with the rates of salary or other compensation 
and classifications of employees of the Voice of America stationed 
overseas in comparable positions and shall identify any disparities and 
steps which should be taken to eliminate such disparities.''.
    The certification required in subsec. (k) to move RFE/RL from 
Munich, Germany to Prague, Czech Republic, had been made by the 
President on July 12, 1994 (Presidential Determination No. 94-32; 59 
F.R. 37649).
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    (l) \36\ * * * [Repealed--1998]

SEC. 309.\37\ RADIO FREE ASIA.

    (a) Authority.--
          (1) Grants authorized under section 305 shall be 
        available to make annual grants for the purpose of 
        carrying out radio broadcasting to the following 
        countries: The People's Republic of China, Burma, 
        Cambodia, Laos, North Korea, Tibet, and Vietnam.
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 6208.
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          (2) Such broadcasting service shall be referred to as 
        ``Radio Free Asia''.
    (b) Functions.--Radio Free Asia shall--
          (1) provide accurate and timely information, news, 
        and commentary about events in the respective countries 
        of Asia and elsewhere; and
          (2) be a forum for a variety of opinions and voices 
        from within Asian nations whose people do not fully 
        enjoy freedom of expression.
    (c) \38\ Grant Agreement.--Any grant agreement or grants 
under this section shall be subject to the following 
limitations and restrictions:
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    \38\ Sec. 501 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out subsec. (c) and redesignated subsecs. (d) 
through (i) as subsecs. (c) through (h), respectively. Former subsec. 
(c) read as follows:
    ``(c) Submission of Detailed Plan for Radio Free Asia.--
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          ``(1) No grant may be awarded to carry out this section 
        unless the Board, through the Director of the United States 
        Information Agency, has submitted to Congress a detailed plan 
        for the establishment and operation of Radio Free Asia, 
        including--

                  ``(A) a description of the manner in which Radio Free 
                Asia would meet the funding limitations provided in 
                subsection (d)(4);
                  ``(B) a description of the numbers and qualifications 
                of employees it proposes to hire; and
                  ``(C) how it proposes to meet the technical 
                requirements for carrying out its responsibilities 
                under this section.

          ``(2) The plan required by paragraph (1) shall be submitted 
        not later than 90 days after the date on which all members of 
        the Board are confirmed.
          ``(3) No grant may be awarded to carry out the provisions of 
        this section unless the plan submitted by the Board includes a 
        certification by the Board that Radio Free Asia can be 
        established and operated within the funding limitations 
        provided for in subsection (d)(4) and subsection (d)(5).
          ``(4) If the Board determines that a Radio Free Asia cannot 
        be established or operated effectively within the funding 
        limitations provided for in this section, the Board may submit, 
        through the Director of the United States Information Agency, 
        an alternative plan and such proposed changes in legislation as 
        may be necessary to the appropriate congressional 
        committees.''.
          (1) \39\ The Board may not make any grant to Radio 
        Free Asia unless the headquarters of Radio Free Asia 
        and its senior administrative and managerial staff are 
        in a location which ensures economy, operational 
        effectiveness, and accountability to the Board.
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    \39\ Sec. 501(3)(A) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck subpara. designation ``(A)'' and struck out 
subpara. (B) from para. (1). Subpara. (B) previously stated:
    ``(B) Not later than 90 days after confirmation of all members of 
the Board, the Board shall provide a report to Congress on the number 
of administrative, managerial, and technical staff of Radio Free Asia 
who will be located within the metropolitan area of Washington, D.C., 
and the number of employees whose principal place of business will be 
located outside the metropolitan area of Washington, D.C.''.
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          (2) Any grant agreement under this section shall 
        require that any contract entered into by Radio Free 
        Asia shall specify that all obligations are assumed by 
        Radio Free Asia and not by the United States 
        Government, and shall further specify that funds to 
        carry out the activities of Radio Free Asia may not be 
        available after September 30, 2009.\40\
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    \40\ Sec. 501(3)(B) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``September 30, 1999'' and inserted in lieu 
thereof ``September 30, 2009''.
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          (3) Any grant agreement shall require that any lease 
        agreements entered into by Radio Free Asia shall be, to 
        the maximum extent possible, assignable to the United 
        States Government.
          (4) Grants made for the operating costs of Radio Free 
        Asia may not exceed $30,000,000 in each of the fiscal 
        years 2000 and 2001.\41\
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    \41\ Sec. 501(1)(C) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``$22,000,000 in any fiscal year'' and 
inserted in lieu thereof ``$30,000,000 in each of the fiscal years 2000 
and 2001''.
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          (5) \42\ Grants awarded under this section shall be 
        made pursuant to a grant agreement which requires that 
        grant funds be used only for activities consistent with 
        this section, and that failure to comply with such 
        requirements shall permit the grant to be terminated 
        without fiscal obligation to the United States.
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    \42\ Sec. 501(3)(D) and (E) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), struck out para. (5) and redesignated para. (6) 
as para. (5). Former para. (5) provided:
    ``(5) The total amount of grant funds made available for one-time 
capital costs of Radio Free Asia may not exceed $8,000,000.''.
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    (d) \38\ Limitations on Administrative and Managerial 
Costs.--It is the sense of the Congress that administrative and 
managerial costs for operation of Radio Free Asia should be 
kept to a minimum and, to the maximum extent feasible, should 
not exceed the costs that would have been incurred if Radio 
Free Asia had been operated as a Federal entity rather than as 
a grantee.
    (e) \38\ Assessment of the Effectiveness of Radio Free 
Asia.--Not later than 3 years after the date on which initial 
funding is provided for the purpose of operating Radio Free 
Asia, the Board shall submit to the appropriate congressional 
committees a report on--
          (1) whether Radio Free Asia is technically sound and 
        cost-effective,
          (2) whether Radio Free Asia consistently meets the 
        standards for quality and objectivity established by 
        this title,
          (3) whether Radio Free Asia is received by a 
        sufficient audience to warrant its continuation,
          (4) the extent to which such broadcasting is already 
        being received by the target audience from other 
        credible sources; and
          (5) the extent to which the interests of the United 
        States are being served by maintaining broadcasting of 
        Radio Free Asia.
    (f) \43\ Sunset Provision.--The Board may not make any 
grant for the purpose of operating Radio Free Asia after 
September 30, 2009.
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    \43\ Sec. 501(2) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), redesignated subsec. (g) as subsec. (f). Sec. 501(4) 
of that Act amended and restated redesignated subsec. (f), which 
previously provided as follows:
    ``(f) Sunset Provision.--The Board may not make any grant for the 
purpose of operating Radio Free Asia after September 30, 1998, unless 
the President of the United States determines in the President's fiscal 
year 1999 budget submission that continuation of funding for Radio Free 
Asia for 1 additional year is in the interest of the United States.''.
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    (g) \38\ Notification and Consultation Regarding 
Displacement of Voice of America Broadcasting.--The Board shall 
notify the appropriate congressional committees before entering 
into any agreements for the utilization of Voice of America 
transmitters, equipment, or other resources that will 
significantly reduce the broadcasting activities of the Voice 
of America in Asia or any other region in order to accommodate 
the broadcasting activities of Radio Free Asia. The Chairman of 
the Board shall consult with such committees on the impact of 
any such reduction in Voice of America broadcasting activities.
    (h) \38\ Not a Federal Agency or Instrumentality.--Nothing 
in this title may be construed to make Radio Free Asia a 
Federal agency or instrumentality.

SEC. 310.\44\ * * * [Repealed--1998]
---------------------------------------------------------------------------

    \44\ Formerly at 22 U.S.C. 6209. Repealed by sec. 1323(l)(2) of the 
Foreign Affairs Agencies Consolidation Act of 1998 (division B, 
subdivision A of Public Law 105-277; 112 Stat. 2681-780). Sec. 310 had 
authorized the President ``to direct the transfer of all functions and 
authorities from the Board for International Broadcasting to the United 
States Information Agency, the Board, or the Bureau'', and otherwise 
provided for such a transition.
---------------------------------------------------------------------------

SEC. 311.\45\ PRESERVATION OF AMERICAN JOBS.

    It is the sense of the Congress that the Director of the 
United States Information Agency and the Chairman of the Board 
for International Broadcasting should, in developing the plan 
for consolidation and reorganization of overseas international 
broadcasting services, limit, to the maximum extent feasible, 
consistent with the purposes of the consolidation, elimination 
of any United States-based positions and should affirmatively 
seek to transfer as many positions as possible to the United 
States.
---------------------------------------------------------------------------
    \45\ 22 U.S.C. 6210.
---------------------------------------------------------------------------

SEC. 312.\46\ THE CONTINUING MISSION OF RADIO FREE EUROPE AND RADIO 
                    LIBERTY BROADCASTS.

    It is the sense of Congress that Radio Free Europe and 
Radio Liberty should continue to broadcast to the peoples of 
Central Europe, Eurasia, and the Persian Gulf until such time 
as--
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 6211. Amended and restated by sec. 503 of the 
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization 
Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in 
sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536). Previously read 
as follows:
    ``sec. 312. privatization of radio free europe and radio liberty.
    ``(a) Declaration of Policy.--It is the sense of the Congress that, 
in furtherance of the objectives of section 302 of this Act, the 
funding of Radio Free Europe and Radio Liberty should be assumed by the 
private sector not later than December 31, 1999, and that the funding 
of Radio Free Europe and Radio Liberty Research Institute should be 
assumed by the private sector at the earliest possible time.
    ``(b) Presidential Submission.--The President shall submit with his 
annual budget submission as provided for in section 307 an analysis and 
recommendations for achieving the objectives of subsection (a).
    ``(c) Reports on Transfer of RFE/RL Research Institute.--Not later 
than 120 days after the date of enactment of this Act, the Board for 
International Broadcasting, or the Board, if established, shall submit 
to the appropriate congressional committees a report on the steps being 
taken to transfer RFE/RL Research Institute pursuant to subsection (a) 
and shall provide periodic progress reports on such efforts until such 
transfer has been achieved.''.
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          (1) a particular nation has clearly demonstrated the 
        successful establishment and consolidation of 
        democratic rule; and
          (2) its domestic media which provide balanced, 
        accurate, and comprehensive news and information, is 
        firmly established and widely accessible to the 
        national audience, thus making redundant broadcasts by 
        Radio Free Europe or Radio Liberty.
At such time as a particular nation meets both of these c 
conditions, RFE/RL should phase out broadcasting to that 
nation.

SEC. 313.\47\ REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

    (a) Limitation on Obligation and Expenditure of Funds.--
Notwithstanding any other provision of law, for the fiscal year 
1994 and for each subsequent fiscal year, any funds 
appropriated for the purposes of broadcasting subject to the 
direction and supervision of the Board shall not be available 
for obligation or expenditure--
---------------------------------------------------------------------------
    \47\ 22 U.S.C. 6212. The Department of State and Related Agencies 
Appropriations Act, 1995 (title V of Public Law 103-317; 108 Stat. 
1771), in part, provided under ``International Broadcasting 
Operations'': ``* * * Provided further, Provided further, That on the 
date upon which the Board for International Broadcasting Act of 1973 
(22 U.S.C. 2871, et seq.) is repealed, as provided for by section 
310(e) of the Foreign Relations Authorization Act, fiscal years 1994 
and 1995 (Public Law 103-236; 108 Stat. 442), funds made available for 
expenses of the Board for International Broadcasting shall be made 
available until expended only for expenses necessary to enable the 
Broadcasting Board of Governors to carry out the authorities provided 
in section 305(a) of Public Law 103-236, including the appointment of 
staff personnel as authorized by section 305(a)(11) of Public Law 103-
236: * * *''.
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          (1) unless such funds are appropriated pursuant to an 
        authorization of appropriations; or
          (2) in excess of the authorized level of 
        appropriations.
    (b) Subsequent Authorization.--The limitation under 
subsection (a) shall not apply to the extent that an 
authorization of appropriations is enacted after such funds are 
appropriated.
    (c) Application.--The provisions of this section--
          (1) may not be superseded, except by a provision of 
        law which specifically repeals, modifies, or supersedes 
        the provisions of this section; and
          (2) shall not apply to, or affect in any manner, 
        permanent appropriations, trust funds, and other 
        similar accounts which are authorized by law and 
        administered under or pursuant to this title.

SEC. 314.\48\ DEFINITIONS.

    For the purposes of this title--
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 6213.
---------------------------------------------------------------------------
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate and the 
        Committee on Foreign Affairs \49\ and the Committee on 
        Appropriations of the House of Representatives;
---------------------------------------------------------------------------
    \49\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) the term ``RFE/RL, Incorporated'' includes--
                  (A) the corporation having the corporate 
                title described in section 307(b)(3); and
                  (B) any alternative grantee described in 
                section 307(e); and
          (3) the term ``salary or other compensation'' 
        includes any deferred compensation or pension payments, 
        any payments for expenses for which the recipient is 
        not obligated to itemize, and any payments for 
        personnel services provided to an employee of RFE/RL, 
        Incorporated.

SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Voice of America Broadcasts.--Section 503 of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1463) is repealed.
    (b) Israel Relay Station.--Section 301(c) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991, is 
repealed.
    (c) Board for International Broadcasting Act.--Section 
4(a)(1) of the Board for International Broadcasting Act of 1973 
is amended to read as follows:
                  ``(1) to make grants to RFE/RL, Incorporated 
                and, until September 30, 1995, to make grants 
                to entities established in the privatization of 
                certain functions of RFE/RL, Incorporated in 
                order to carry out the purposes set forth in 
                section 2 of this Act;''.
    (d) \50\ Relocation Costs.--Notwithstanding any other 
provision of law, funds derived from the sale of real property 
assets of RFE/RL in Munich, Germany, may be retained, 
obligated, and expended to meet one-time costs associated with 
the consolidation of United States Government broadcasting 
activities in accordance with this title, including the costs 
of relocating RFE/RL offices and operations.
---------------------------------------------------------------------------
    \50\ 22 U.S.C. 6214. Added by sec. 1(ll) of Public Law 103-415 (108 
Stat. 4303).
         b. Voice of America--Availability of Certain Materials

 Partial text of Public Law 106-309 [Microenterprise for Self-Reliance 
 and International Anti-Corruption Act of 2000; H.R. 1143], 114 Stat. 
                    1078, approved October 17, 2000

          * * * * * * *

                   TITLE IV--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 406. AVAILABILITY OF VOA AND RADIO MARTI MULTILINGUAL COMPUTER 
                    READABLE TEXT AND VOICE RECORDINGS.

    Section 1(b) of Public Law 104-269 (110 Stat. 3300) is 
amended by striking ``5 years'' and inserting ``10 years''.

SEC. 407. AVAILABITY OF CERTAIN MATERIALS OF THE VOICE OF AMERICA.

    (a) Authority.--
          (1) In general.--Subject to the provisions of this 
        section, the Broadcasting Board of Governors (in this 
        section referred to as the ``Board'') is authorized to 
        make available to the Institute for Media Development 
        (in this section referred to as the ``Institute''), at 
        the request of the Institute, previously broadcast 
        audio and video materials produced by the Africa 
        Division of the Voice of America.
          (2) Deposit of materials.--Upon the request of the 
        Institute and the approval of the Board, materials made 
        available under paragraph (1) may be deposited with the 
        University of California, Los Angeles, or such other 
        appropriate institution of higher education (as defined 
        in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)) that is approved by the Board for 
        such purpose.
          (3) Supersedes existing law.--Materials made 
        available under paragraph (1) may be provided 
        notwithstanding section 501 of the United States 
        Information and Educational Exchange Act of 1948 (22 
        U.S.C. 1461) and section 208 of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (22 
        U.S.C. 1461-1a).
    (b) Limitations.--
          (1) Authorized purposes.--Materials made available 
        under this section shall be used only for academic and 
        research purposes and may not be used for public or 
        commercial broadcast purposes.
          (2) Prior agreement required.--Before making 
        available materials under subsection (a)(1), the Board 
        shall enter into an agreement with the Institute 
        providing for--
                  (A) reimbursement of the Board for any 
                expenses involved in making such materials 
                available;
                  (B) the establishment of guidelines by the 
                Institute for the archiving and use of the 
                materials to ensure that copyrighted works 
                contained in those materials will not be used 
                in a manner that would violate the copyright 
                laws of the United States (including 
                international copyright conventions to which 
                the United States is a party);
                  (C) the indemnification of the United States 
                by the Institute in the event that any use of 
                the materials results in violation of the 
                copyright laws of the United States (including 
                international copyright conventions to which 
                the United States is a party);
                  (D) the authority of the Board to terminate 
                the agreement if the provisions of paragraph 
                (1) are violated; and
                  (E) any other terms and conditions relating 
                to the materials that the Board considers 
                appropriate.
    (c) Crediting of Reimbursements to Board Appropriations 
Account.--Any reimbursement of the Board under subsection (b) 
shall be deposited as an offsetting collection to the currently 
applicable appropriation account of the Board.
    (d) Termination of Authority.--The authority provided under 
this section shall cease to have effect on the date that is 5 
years after the date of the enactment of this Act.
          * * * * * * *
    c. Bureau of Broadcasting, Board for International Broadcasting 
               Authorization, Fiscal Years 2000 and 2001

  Partial text of Public Law 106-113 [Admiral James W. Nance and Meg 
  Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
 2001; H.R. 3427, enacted by reference in H.R. 3194], 113 Stat. 1501, 
                       approved November 29, 1999

  AN ACT To authorize appropriations for the Department of State for 
fiscal years 2000 and 2001; to provide for enhanced security at United 
  States diplomatic facilities; to provide for certain arms control, 
nonproliferation, and other national security measures; to provide for 
          reform of the United Nations; and for other purposes

          * * * * * * *

               DIVISION A--DEPARTMENT OF STATE PROVISIONS

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

          * * * * * * *

    Subtitle B--United States International Broadcasting Activities

SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated to carry out the United States International 
Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, 
and the Television Broadcasting to Cuba Act, and to carry out 
other authorities in law consistent with such purposes:
          (1) International broadcasting activities.--For 
        ``International Broadcasting Activities'', $385,900,000 
        for the fiscal year 2000, and $393,618,000 for the 
        fiscal year 2001.
          (2) Broadcasting capital improvements.--For 
        ``Broadcasting Capital Improvements'', $20,868,000 for 
        the fiscal year 2000, and $20,868,000 for the fiscal 
        year 2001.
          (3) Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $22,743,000 for the fiscal year 2000 and 
        $22,743,000 for the fiscal year 2001.
          (4) Radio free asia.--For ``Radio Free Asia'', 
        $24,000,000 for the fiscal year 2000, and $30,000,000 
        for the fiscal year 2001.
          * * * * * * *

      TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

SEC. 501. REAUTHORIZATION OF RADIO FREE ASIA. * * * \1\
---------------------------------------------------------------------------

    \1\ Sec. 501 amended sec. 309 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6208).
---------------------------------------------------------------------------

SEC. 502. NOMINATION REQUIREMENTS FOR THE CHAIRMAN OF THE BROADCASTING 
                    BOARD OF GOVERNORS. * * * \2\
---------------------------------------------------------------------------

    \2\ Sec. 502 amended sec. 304(b)(2) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6203 (b)(2)).
---------------------------------------------------------------------------

SEC. 503. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY). * * 
                    * \3\
---------------------------------------------------------------------------

    \3\ Sec. 503 amended and restated sec. 312 of the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6211)
---------------------------------------------------------------------------

SEC. 504. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF 
                    GOVERNORS. * * * \4\
---------------------------------------------------------------------------

    \4\ Sec. 504 added subsec. (g) to sec. 304 of the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6203).
---------------------------------------------------------------------------
          * * * * * * *
   d. Bureau of Broadcasting, Board for International Broadcasting, 
      Restructuring and Authorization, Fiscal Years 1998 and 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
  Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, 
                       approved October 21, 1998

          * * * * * * *

    DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

SEC. 1001.\1\ SHORT TITLE.

    This division may be cited as the ``Foreign Affairs Reform 
and Restructuring Act of 1998''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6501 note.
---------------------------------------------------------------------------
          * * * * * * *

              TITLE XIII--UNITED STATES INFORMATION AGENCY

          * * * * * * *

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

SEC. 1311.\2\ ABOLITION OF UNITED STATES INFORMATION AGENCY.

    The United States Information Agency (other than the 
Broadcasting Board of Governors and the International 
Broadcasting Bureau) is abolished.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 6531.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

    Section 1(b) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is 
further amended by adding at the end the following new 
paragraph:
          ``(3) Under secretary for public diplomacy.--There 
        shall be in the Department of State, among the Under 
        Secretaries authorized by paragraph (1), an Under 
        Secretary for Public Diplomacy, who shall have primary 
        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.''.
          * * * * * * *

                 CHAPTER 3--INTERNATIONAL BROADCASTING

SEC. 1321.\3\ CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    Congress finds that--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 6541.
---------------------------------------------------------------------------
          (1) it is the policy of the United States to promote 
        the right of freedom of opinion and expression, 
        including the freedom ``to seek, receive, and impart 
        information and ideas through any media and regardless 
        of frontiers'', in accordance with Article 19 of the 
        Universal Declaration of Human Rights;
          (2) open communication of information and ideas among 
        the peoples of the world contributes to international 
        peace and stability, and the promotion of such 
        communication is in the interests of the United States;
          (3) it is in the interest of the United States to 
        support broadcasting to other nations consistent with 
        the requirements of this chapter and the United States 
        International Broadcasting Act of 1994; and
          (4) international broadcasting is, and should remain, 
        an essential instrument of United States foreign 
        policy.

SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.

    Section 304(a) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to read 
as follows: * * * \4\
---------------------------------------------------------------------------
    \4\ The amended sec. 304(a) continues the Broadcasting Board of 
Governors within the Executive branch, retains the current Board of 
Governors, authorizes the State Department's Inspector General's 
authority to extend to include the Broadcasting Board of Governors, and 
requires the Inspector General to respect the journalistic integrity of 
all the broadcasters covered by title III of the U.S. International 
Broadcasting Act of 1994.
---------------------------------------------------------------------------

SEC. 1323.\5\ CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL 
                    BROADCASTING ACT OF 1994.

    (a) References in Section.--Whenever in this section an 
amendment or repeal is expressed as an amendment or repeal of a 
provision, the reference shall be deemed to be made to the 
United States International Broadcasting Act of 1994 (22 U.S.C. 
6201 et seq.).
---------------------------------------------------------------------------
    \5\ Secs. 1323-1325 made amendments to the law referred to in the 
section catchline to reflect the reorganization and consolidation of 
foreign affairs agencies.
---------------------------------------------------------------------------
    (b)-(l) * * *

SEC. 1324.\5\ AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT. * * *

SEC. 1325.\5\ AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT. * 
                    * *

SEC. 1326.\6\ TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, AND 
                    PERSONNEL.

    (a) Transfer and Allocation of Property and 
Appropriations.--
          (1) In general.--The assets, liabilities (including 
        contingent liabilities arising from suits continued 
        with a substitution or addition of parties under 
        section 1327(d)), 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 of USIA 
        transferred to the Broadcasting Board of Governors by 
        this chapter shall be transferred to the Broadcasting 
        Board of Governors for appropriate allocation.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 6542.
---------------------------------------------------------------------------
          (2) Additional transfers.--In addition to the 
        transfers made under paragraph (1), there shall be 
        transferred to the Chairman of the Broadcasting Board 
        of Governors the assets, contracts, property, records, 
        and unexpended balance of appropriations, 
        authorizations, allocations, and other funds, as 
        determined by the Secretary, in concurrence with the 
        Broadcasting Board of Governors, to support the 
        functions transferred by this chapter.
    (b) Transfer of Personnel.--Notwithstanding any other 
provision of law--
          (1) except as provided in subsection (c), all 
        personnel and positions of USIA employed or maintained 
        to carry out the functions transferred by this chapter 
        to the Broadcasting Board of Governors shall be 
        transferred to the Broadcasting Board of Governors at 
        the same grade or class and the same rate of basic pay 
        or basic salary rate and with the same tenure held 
        immediately preceding transfer; and
          (2) the personnel and positions of USIA, as 
        determined by the Secretary of State, with the 
        concurrence of the Broadcasting Board of Governors and 
        the Director of USIA, to support the functions 
        transferred by this chapter shall be transferred to the 
        Broadcasting Board of Governors, including the 
        International Broadcasting Bureau, at the same grade or 
        class and the same rate of basic pay or basic salary 
        rate and with the same tenure held immediately 
        preceding transfer.
    (c) Transfer and Allocation of Property, Appropriations, 
and Personnel Associated With Worldnet.--USIA personnel 
responsible for carrying out interactive dialogs with foreign 
media and other similar overseas public diplomacy programs 
using the Worldnet television broadcasting system, and funds 
associated with such personnel, shall be transferred to the 
Department of State in accordance with the provisions of title 
XVI of this subdivision.
    (d) Incidental Transfers.--The Director of the Office of 
Management and Budget, when requested by the Broadcasting Board 
of Governors, 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 functions and offices transferred from USIA, 
as may be necessary to carry out the provisions of this 
section.

SEC. 1327.\7\ 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--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 6543.
---------------------------------------------------------------------------
          (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 exercised 
        by the Broadcasting Board of Governors of the United 
        States Information Agency on the day before the 
        effective date of this title, and
          (2) that are in effect at the time this title takes 
        effect, or were final before the effective date of this 
        title and are to become effective on or after the 
        effective date of this title,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Broadcasting Board of 
Governors, or other authorized official, a court of competent 
jurisdiction, or by operation of law.
    (b) Pending Proceedings.--
          (1) In general.--The provisions of this chapter, or 
        amendments made by this chapter, shall not affect any 
        proceedings, including notices of proposed rulemaking, 
        or any application for any license, permit, 
        certificate, or financial assistance pending before the 
        Broadcasting Board of Governors of the United States 
        Information Agency at the time this title takes effect, 
        with respect to functions exercised by the Board as of 
        the effective date of this title but such proceedings 
        and applications shall be continued.
          (2) Orders, appeals, and payments.--Orders shall be 
        issued in such proceedings, appeals shall be taken 
        therefrom, and payments shall be made pursuant to such 
        orders, as if this chapter had not been enacted, and 
        orders issued in any such proceedings shall continue in 
        effect until modified, terminated, superseded, or 
        revoked by a duly authorized official, by a court of 
        competent jurisdiction, or by operation of law.
          (3) Statutory construction.--Nothing in this 
        subsection shall be deemed to prohibit the 
        discontinuance or modification of any such proceeding 
        under the same terms and conditions and to the same 
        extent that such proceeding could have been 
        discontinued or modified if this chapter had not been 
        enacted.
    (c) Nonabatement 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 the Broadcasting 
Board of Governors, or any commission or component thereof, 
shall abate by reason of the enactment of this chapter. No 
cause of action by or against the Broadcasting Board of 
Governors, or any commission or component thereof, or by or 
against any officer thereof in the official capacity of such 
officer, shall abate by reason of the enactment of this 
chapter.
    (d) Continuation of Proceedings With Substitution of 
Parties.--
          (1) Substitution of parties.--If, before the 
        effective date of this title, USIA or the Broadcasting 
        Board of Governors, or any officer thereof in the 
        official capacity of such officer, is a party to a suit 
        which is related to the functions transferred by this 
        chapter, then effective on such date such suit shall be 
        continued with the Broadcasting Board of Governors or 
        other appropriate official of the Board substituted or 
        added as a party.
          (2) Liability of the board.--The Board shall 
        participate in suits continued under paragraph (1) 
        where the Broadcasting Board of Governors or other 
        appropriate official of the Board is added as a party 
        and shall be liable for any judgments or remedies in 
        those suits or proceedings arising from the exercise of 
        the functions transferred by this chapter to the same 
        extent that USIA would have been liable if such 
        judgment or remedy had been rendered on the day before 
        the abolition of USIA.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the 
preparation or promulgation of a regulation by the Broadcasting 
Board of Governors relating to a function exercised by the 
Board before the effective date of this title may be continued 
by the Board with the same effect as if this chapter had not 
been enacted.
    (f) References.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, 
or any document of or relating to the Broadcasting Board of 
Governors of the United States Information Agency with regard 
to functions exercised before the effective date of this title, 
shall be deemed to refer to the Board.

SEC. 1328.\8\ REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.

    Not later than March 1 of each year, the Broadcasting Board 
of Governors shall submit to the appropriate congressional 
committees a report on the progress of the Board and of RFE/RL, 
Incorporated, on any steps taken to further the policy declared 
in section 312(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995. The report under this subsection 
shall include the following:
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 6544.
---------------------------------------------------------------------------
          (1) Efforts by RFE/RL, Incorporated, to terminate 
        individual language services.
          (2) A detailed description of steps taken with regard 
        to section 312(a) of that Act.
          (3) An analysis of prospects for privatization over 
        the coming year.
          (4) An assessment of the extent to which United 
        States Government funding may be appropriate in the 
        year 2000 and subsequent years for surrogate 
        broadcasting to the countries to which RFE/RL, 
        Incorporated, broadcast during the year. This 
        assessment shall include an analysis of the environment 
        for independent media in those countries, noting the 
        extent of government control of the media, the ability 
        of independent journalists and news organizations to 
        operate, relevant domestic legislation, level of 
        government harassment and efforts to censor, and other 
        indications of whether the people of such countries 
        enjoy freedom of expression.
          * * * * * * *

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

SEC. 2001.\9\ SHORT TITLE.

    This subdivision may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999''.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2651 note.
---------------------------------------------------------------------------
          * * * * * * *

  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS

SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND 
                    CULTURAL EXCHANGE 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 North/South Center Act of 
1991, and the National Endowment for Democracy Act, and to 
carry out other authorities in law consistent with such 
purposes:
          * * * * * * *
          (4) International broadcasting activities.--
                  (A) Authorization of appropriations.--For 
                ``International Broadcasting Activities'', 
                $340,315,000 for the fiscal year 1998, and 
                $340,365,000 for the fiscal year 1999.
                  (B) Allocation.--Of the amounts authorized to 
                be appropriated under subparagraph (A), the 
                Director of the United States Information 
                Agency and the Broadcasting Board of Governors 
                shall seek to ensure that the amounts made 
                available for broadcasting to nations whose 
                people do not fully enjoy freedom of expression 
                do not decline in proportion to the amounts 
                made available for broadcasting to other 
                nations.
          (5) Radio construction.--For ``Radio Construction'', 
        $40,000,000 for the fiscal year 1998, and $13,245,000 
        for the fiscal year 1999.
          (6) Radio free asia.--For ``Radio Free Asia'', 
        $24,100,000 for the fiscal year 1998 and $22,000,000 
        for the fiscal year 1999, and an additional $8,000,000 
        in fiscal year 1998 for one-time capital costs.
          (7) Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $22,095,000 for the fiscal year 1998 and 
        $22,095,000 for the fiscal year 1999.
          * * * * * * *

                 CHAPTER 2--AUTHORITIES AND ACTIVITIES

          * * * * * * *

SEC. 2416. SURROGATE BROADCASTING STUDY.

    Not later than 6 months after the date of enactment of this 
Act, the Broadcasting Board of Governors, acting through the 
International Broadcasting Bureau, should conduct and complete 
a study of the appropriateness, feasibility, and projected 
costs of providing surrogate broadcasting service to Africa and 
transmit the results of the study to the appropriate 
congressional committees.

SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

    (a) Radio Free Iran.--Not more than $2,000,000 of the funds 
made available under section 2401(a)(4) of this division for 
each of the fiscal years 1998 and 1999 for grants to RFE/RL, 
Incorporated, shall be available only for surrogate radio 
broadcasting by RFE/RL, Incorporated, to the Iranian people in 
the Farsi language, such broadcasts to be designated as ``Radio 
Free Iran''.
    (b) Report to Congress.--Not later than 60 days after the 
date of enactment of this Act, the Broadcasting Board of 
Governors of the United States Information Agency shall submit 
a detailed report to Congress describing the costs, 
implementation, and plans for creation of the surrogate 
broadcasting service described in subsection (a).
    (c) Availability of Funds.--None of the funds made 
available under subsection (a) may be made available until 
submission of the report required under subsection (b).
          * * * * * * *

SEC. 2420.\10\ VOICE OF AMERICA BROADCASTS.

    (a) In General.--The Voice of America shall devote 
programming each day to broadcasting information on the 
individual States of the United States. The broadcasts shall 
include--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 6202 note.
---------------------------------------------------------------------------
          (1) information on the products, tourism, and 
        cultural and educational facilities of each State;
          (2) information on the potential for trade with each 
        State; and
          (3) discussions with State officials with respect to 
        the matters described in paragraphs (1) and (2).
    (b) Report.--Not later than one year after the date of 
enactment of this Act, the Broadcasting Board of Governors of 
the United States Information Agency shall submit a report to 
Congress detailing the actions that have been taken to carry 
out subsection (a).
    (c) State Defined.--In this section, the term ``State'' 
means any of the several States of the United States, the 
District of Columbia, or any commonwealth or territory of the 
United States.
          * * * * * * *

              TITLE XXVII--OTHER FOREIGN POLICY PROVISIONS

          * * * * * * *

SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.

    (a) Assistance for Justice in Iraq.--There are authorized 
to be appropriated for fiscal year 1998 $3,000,000 for 
assistance to an international commission to establish an 
international record for the criminal culpability of Saddam 
Hussein and other Iraqi officials and for an international 
criminal tribunal established for the purpose of indicting, 
prosecuting, and punishing Saddam Hussein and other Iraqi 
officials responsible for crimes against humanity, genocide, 
and other violations of international law.
    (b) Assistance to the Democratic Opposition in Iraq.--There 
are authorized to be appropriated for fiscal year 1998 
$15,000,000 to provide support for democratic opposition forces 
in Iraq, of which--
          (1) not more than $10,000,000 shall be for assistance 
        to the democratic opposition, including leadership 
        organization, training political cadre, maintaining 
        offices, disseminating information, and developing and 
        implementing agreements among opposition elements; and
          (2) not more than $5,000,000 of the funds made 
        available under this subsection shall be available only 
        for grants to RFE/RL, Incorporated, for surrogate radio 
        broadcasting by RFE/RL, Incorporated, to the Iraqi 
        people in the Arabic language, such broadcasts to be 
        designated as ``Radio Free Iraq''.
    (c) Assistance for Humanitarian Relief and 
Reconstruction.--There are authorized to be appropriated for 
fiscal year 1998 $20,000,000 for the relief, rehabilitation, 
and reconstruction of people living in Iraq, and communities 
located in Iraq, who are not under the control of the Saddam 
Hussein regime.
    (d) Availability.--Amounts authorized to be appropriated by 
this section shall be provided in addition to amounts otherwise 
made available and shall remain available until expended.
    (e) Notification.--All assistance provided pursuant to this 
section shall be notified to Congress in accordance with the 
procedures applicable to reprogramming notifications under 
section 634A of the Foreign Assistance Act of 1961.
    (f) Relation to Other Laws.--Funds made available to carry 
out the provisions of this section may be made available 
notwithstanding any other provision of law.
    (g) Report.--Not later than 45 days after the date of 
enactment of this Act, the Secretary of State and the 
Broadcasting Board of Governors of the United States 
Information Agency shall submit a detailed report to Congress 
describing--
          (1) the costs, implementation, and plans for the 
        establishment of an international war crimes tribunal 
        described in subsection (a);
          (2) the establishment of a political assistance 
        program, and the surrogate broadcasting service, as 
        described in subsection (b); and
          (3) the humanitarian assistance program described in 
        subsection (c).
          * * * * * * *
    e. Bureau of Broadcasting, Board for International Broadcasting 
               Authorization, Fiscal Years 1992 and 1993

  Partial text of Public Law 102-138 [Foreign Relations Authorization 
 Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved 
                            October 28, 1991


          Note.--Sections of this Act amend the Board for 
        International Broadcasting Act of 1973 and the 
        Television Broadcasting to Cuba Act, and have been 
        incorporated into those Acts at the appropriate places.

          The Board for International Broadcasting Act of 1973 
        was repealed effective 1995.



 AN ACT to authorize appropriations for fiscal years 1992 and 1993 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

   TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

          * * * * * * *

                     PART C--BUREAU OF BROADCASTING

SEC. 231. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the United 
States Information Agency for the Bureau of Broadcasting for 
carrying out title V of the United States Information and 
Educational Exchange Act of 1948 and the Radio Broadcasting to 
Cuba Act the following amounts:
          (1) Salaries and expenses.--For ``Salaries and 
        Expenses'', $196,942,000 for the fiscal year 1992 and 
        $216,815,000 for the fiscal year 1993.
          (2) Television and film service.--For ``Television 
        and Film Service'', $33,185,000 for the fiscal year 
        1992 and $34,476,000 for the fiscal year 1993.
          (3) Acquisition and construction of radio 
        facilities.--For ``Acquisition and Construction of 
        Radio Facilities'', $98,043,000 for the fiscal year 
        1992 and $103,000,000 for the fiscal year 1993.
          (4) Broadcasting to cuba.--For ``Broadcasting to 
        Cuba'', $38,988,000 for the fiscal year 1992 and 
        $34,525,000 for the fiscal year 1993.

SEC. 232.\1\ TELEVISION BROADCASTING TO CUBA ACT. * * *
---------------------------------------------------------------------------

    \1\ Sec. 232 amended sec. 247 of the Television Broadcasting to 
Cuba Act.
---------------------------------------------------------------------------

SEC. 233. YUGOSLAVIAN PROGRAMMING WITHIN THE VOICE OF AMERICA.

    The Director of the United States Information Agency shall 
establish distinct Croatian and Serbian programs within the 
Yugoslavian section of the Voice of America.

SEC. 234. VOICE OF AMERICA BROADCASTS IN KURDISH.

    (a) Findings.--The Congress finds that--
          (1) more than 20 million Kurds have no source of 
        reliable and accurate news and information in their own 
        language;
          (2) the Kurdish people have been subject to extreme 
        repression, including the denial of fundamental 
        cultural and human rights, the extensive destruction of 
        villages, and the mass killing of Kurds by the Iraqi 
        regime; and
          (3) the Voice of America provides an effective means 
        by which the Kurdish people may be informed of events 
        in the free world and pertaining to their own 
        situation.
    (b) Broadcasts in Kurdish.--As soon as practicable, but not 
later than 180 days after the date of enactment of this Act, 
the Director of the United States Information Agency shall 
establish, through the Voice of America, a service to provide 
Kurdish language programming to the Kurdish people. Consistent 
with the mission and practice of the Voice of America, these 
broadcasts in Kurdish shall include news and information on 
events that affect the Kurdish people.
    (c) Amount of Programming.--As soon as practicable but not 
later than one year after enactment, the Voice of America 
Kurdish language programming pursuant to this section shall be 
broadcast for not less than 1 hour each day.
    (d) Plan for a Kurdish Language Service.--Not later than 90 
days after enactment of this Act, the Director of the United 
States Information Agency shall submit to the Chairman of the 
Senate Committee on Foreign Relations and to the Speaker of the 
House of Representatives a report on progress made toward 
implementation of this section.
    (e) Hire of Kurdish Language Speakers.--In order to 
expedite the commencement of Kurdish language broadcasts, the 
Director of the United States Information Agency is authorized 
to hire, subject to the availability of appropriations, Kurdish 
language speakers on a contract not to exceed one year without 
regard to competitive and other procedures that might delay 
such hiring.
    (f) Surrogate Home Service.--Not later than 1 year after 
the date of enactment of this Act, the Chairman of the Board 
for International Broadcasting shall submit to the Chairman of 
the Senate Committee on Foreign Relations and the Speaker of 
the House of Representatives a plan, together with a detailed 
budget, for the establishment of a surrogate home service under 
the auspices of Radio Free Europe/Radio Liberty for the Kurdish 
people. Such surrogate home service for the Kurdish people 
shall broadcast not less than 2 hours a day.

SEC. 235. REPORTS ON THE FUTURE OF INTERNATIONAL BROADCASTING.

    (a) Report on International Broadcasting.--Not later than 
15 days after the date of the enactment of this Act, the 
President shall submit to the Chairman of the Committee on 
Foreign Relations of the Senate and the Chairman of the 
Committee on Foreign Affairs \2\ of the House of 
Representatives the report of the Policy Coordinating Committee 
on International Broadcasting.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) Report on United States Government Broadcasting.--The 
President's Task Force on United States Government 
International Broadcasting shall submit to the Chairman of the 
Committee on Foreign Relations of the Senate and the Chairman 
of the Committee on Foreign Affairs \2\ of the House of 
Representatives a complete text of its report to the President 
on United States Government Broadcasting.

              PART D--BOARD FOR INTERNATIONAL BROADCASTING

SEC. 241.\3\ AUTHORIZATION OF APPROPRIATIONS. * * *
---------------------------------------------------------------------------

    \3\ Secs. 241 and 242 amended sec. 8 of the Board for International 
Broadcasting Act of 1973 (22 U.S.C. 2877).
---------------------------------------------------------------------------

SEC. 242.\3\ BOARD FOR INTERNATIONAL BROADCASTING ACT. * * *

SEC. 243. BROADCASTING TO CHINA.

    (a) Commission on Broadcasting to the People's Republic of 
China.--
          (1) Establishment.--There is established a Commission 
        on Broadcasting to the People's Republic of China 
        (hereafter in this title referred to as the 
        ``Commission'') which shall be an independent 
        commission in the executive branch.
          (2) Membership.--The Commission shall be composed of 
        11 members from among citizens of the United States who 
        shall, within 45 days of the enactment of this Act, be 
        appointed in the following manner:
                  (A) The President shall appoint 3 members of 
                the Commission.
                  (B) The Speaker of the House of 
                Representatives shall appoint 2 members of the 
                Commission.
                  (C) The Majority Leader of the Senate shall 
                appoint 2 members of the Commission.
                  (D) The Minority Leader of the House of 
                Representatives shall appoint 2 members of the 
                Commission.
                  (E) The Minority Leader of the Senate shall 
                appoint 2 members of the Commission.
          (3) Chairperson.--The President, in consultation with 
        the congressional leaders referred to in subsection 
        (b), shall designate 1 of the members to be the 
        Chairperson.
          (4) Quorum.--A quorum, consisting of at least half of 
        the members who have been appointed, shall be required 
        for the transaction of business.
          (5) Vacancies.--Any vacancy in the membership of the 
        commission shall be filled in the same manner as the 
        original appointment was made.
    (b) Functions.--
          (1) Purpose.--The Commission shall examine the 
        feasibility, effect, and implications for United States 
        foreign policy of instituting a radio broadcasting 
        service to the People's Republic of China, as well as 
        to other communist countries in Asia, to promote the 
        dissemination of information and ideas, with particular 
        emphasis on developments within each of those nations.
          (2) Specific issues to be examined.--The Commission 
        shall examine all issues related to instituting such a 
        service, including--
                  (A) program content;
                  (B) staffing and legal structure;
                  (C) transmitter and headquarters 
                requirements;
                  (D) costs;
                  (E) expected effect on developments within 
                China and on Sino-American relations; and
                  (F) expected effect on developments within 
                other communist countries in Asia and on their 
                relations with the United States.
          (3) Methodology.--The Commission shall conduct such 
        studies, inquires, hearings, and meetings as it 
        considers necessary.
          (4) Report.--Not later than 180 days after the date 
        of enactment of this Act, the Commission shall submit 
        to the President, the Speaker of the House of 
        Representatives, and the President of the Senate a 
        report describing its activities in carrying out the 
        purpose of paragraph (1) and including recommendations 
        regarding the issues of paragraph (2).
    (c) Administration.--
          (1) Compensation and travel expenses.--
                  (A) General provision.--
                          (i) Except as provided in 
                        subparagraph (B), members shall each 
                        receive compensation at a rate of not 
                        to exceed the daily equivalent of the 
                        annual rate of basic pay payable for 
                        grade GS-18 of the General Schedule 
                        under section 5332 of title 5, United 
                        States Code, for each day such member 
                        is engaged in the actual performance of 
                        the duties of the Commission; and
                          (ii) shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence at rates authorized for 
                        employees of agencies under subchapter 
                        I of chapter 57 of title 5, United 
                        States Code, while away from their 
                        homes or regular places of business in 
                        the performance of services for the 
                        Commission.
                  (B) Limitation.--Any member of the Commission 
                who is an officer or employee of the United 
                States shall not be paid compensation for 
                services performed as a member of the 
                Commission.
          (2) Support from executive and legislative 
        branches.--
                  (A) Executive agencies.--Executive agencies 
                shall, to the extent the President considers 
                appropriate and as permitted by law, provide 
                the Commission with appropriate information, 
                advice, and assistance.
                  (B) Congressional committees.--As may be 
                considered appropriate by the chairpersons, 
                committees of Congress may provide appropriate 
                information, advice, and assistance to the 
                Commission.
          (3) Expenses.--Expenses of the Commission shall be 
        paid from funds available to the Department of State.
    (d) Termination.--The Commission shall terminate upon 
submission of the report under subsection (b).

SEC. 244. POLICY ON RADIO FREE EUROPE.

    It is the sense of the Congress that Radio Free Europe 
should continue to broadcast to nations throughout Eastern 
Europe and should maintain its broadcasts to any nation until--
          (1) new sources of timely and accurate domestic and 
        international information have supplanted and rendered 
        redundant the broadcasts of Radio Free Europe to that 
        nation; and
          (2) that nation has clearly demonstrated the 
        successful establishment and consolidation of 
        democratic rule.
          * * * * * * *
  f. Board for International Broadcasting Authorization, Fiscal Years 
                             1990 and 1991

  Partial text of Public Law 101-246 [Foreign Relations Authorization 
   Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15 at 63, 
    approved February 16, 1990; amended by Public Law 101-302 [Dire 
   Emergency Supplemental Appropriations; H.R. 4404], 104 Stat. 213, 
  approved May 25, 1990; Public Law 102-511 [FREEDOM Support Act; S. 
 2532], 106 Stat. 3320, approved October 24, 1992; Public Law 103-236 
[Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 
             2333], 108 Stat. 382, approved April 30, 1994


          Note.--Sections of this Act amend the Board for 
        International Broadcasting Act of 1973 and the State 
        Department Basic Authorities Act of 1956, and have been 
        incorporated into those Acts at the appropriate places.

          The Board for International Broadcasting Act of 1973 
        was repealed effective 1995.



 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

            TITLE III--BOARD FOR INTERNATIONAL BROADCASTING

SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) \1\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 301(a) amended sec. 8(a)(1)(A) of the Board for 
International Broadcasting Act of 1973 to authorize $180,330,000 for 
fiscal year 1990 and $187,543,000 for fiscal year 1991 for the Board 
for International Broadcasting.
---------------------------------------------------------------------------
    (b) Radio Transmitter Construction and Modernization.--
There are authorized to be appropriated to the Board for 
International Broadcasting for radio transmitter construction 
and modernization $15,845,000 for the fiscal year 1990 and 
$12,000,000 for the fiscal year 1991. Amounts appropriated 
under this subsection are authorized to remain available until 
expended.
    (c) \2\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \2\ Sec. 315(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 445), repealed sec. 
(c), which had authorized appropriations for construction of a 
broadcasting relay station in Israel.
    Chapter II of the Supplemental Appropriations Act of 1993 (Public 
Law 103-50; 107 Stat. 247) rescinded $180,000,000 from obligated and 
unobligated balances available for such a project. Title III, Chapter 2 
of Public Law 103-211 (108 Stat. 26) rescinded $1,700,000.
  g. Board for International Broadcasting Authorization, Fiscal Years 
                             1988 and 1989

  Partial text of Public Law 100-204 [Foreign Relations Authorization 
 Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331, approved 
                           December 22, 1987


          Note.--Sections of this Act amend the Board for 
        International Broadcasting Act of 1973 and have been 
        incorporated into that Act at the appropriate places.

          The Board for International Broadcasting Act of 1973 
        was repealed effective 1995.



 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

           TITLE V--THE BOARD FOR INTERNATIONAL BROADCASTING

SEC. 501. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF FUNDS.

    (a) \1\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 501(a) amended sec. 8(a)(1)(A) of the Board for 
International Broadcasting Act of 1973 to authorize $186,000,000 for 
fiscal year 1988 and $207,424,000 for fiscal year 1989 for the Board 
for International Broadcasting.
---------------------------------------------------------------------------
    (b) Allocation of Funds.--Of the funds authorized to be 
appropriated by section 8(a)(1)(A) of the Board for 
International Broadcasting Act of 1973, $12,000,000 for the 
fiscal year 1988 and $12,000,000 for the fiscal year 1989 shall 
be available only for radio transmitter construction and 
modernization.
          * * * * * * *

SEC. 503.\2\ CERTIFICATION OF CERTAIN CREDITABLE SERVICE. * * *
---------------------------------------------------------------------------

    \2\ Sec. 503 transferred authority for making certification to OPM 
regarding service creditable toward annuity to the Secretary of State 
with respect to the Asia Foundation and the Secretary of Defense with 
respect to the Armed Forces Network, Europe. Prior to this amendment, 
the Director of the Board for International Broadcasting was 
responsible for such certification.
---------------------------------------------------------------------------
          * * * * * * *
  h. Board for International Broadcasting Authorization, Fiscal Years 
                             1986 and 1987

Partial text of Public Law 99-93 [Foreign Relations Authorization Act, 
 Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405 at 434, approved 
                            August 16, 1985


          Note.--Sections of this Act amend the Board for 
        International Broadcasting Act of 1973 and have been 
        incorporated into that Act at the appropriate places. 
        The Board for International Broadcasting Act of 1973 
        was repealed effective 1995.



 AN ACT To authorize appropriations for fiscal years 1986 and 1987 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

            TITLE III--BOARD FOR INTERNATIONAL BROADCASTING

          * * * * * * *

SEC. 304. MANAGEMENT OF RFE/RL, INCORPORATED.

    (a) Findings.--The Congress finds that--
          (1) RFE/RL, Incorporated, is essential to the 
        continued and effective furtherance of the open flow of 
        information and ideas throughout Eastern Europe and the 
        Soviet Union;
          (2) effective communication of information and ideas 
        can only be accomplished if the long-term credibility 
        of RFE/RL, Incorporated, operating in accordance with 
        the highest standards of professionalism, is 
        maintained;
          (3) the performance of RFE/RL, Incorporated, is 
        dependent on proper management, an objective approach 
        to news, quality programming, and effective oversight;
          (4) the Board for International Broadcasting, in 
        addition to making grants, is responsible for 
        overseeing broadcast quality and effectiveness and for 
        overseeing effective utilization of Federal funds;
          (5) RFE/RL, Incorporated, is responsible for its own 
        management and for daily broadcasts into Eastern Europe 
        and the Soviet Union;
          (6) the Board for International Broadcasting and RFE/
        RL, Incorporated, must remain very distinct and 
        different institutions if they adhere to the Joint 
        Explanatory Statement of the Committee on Conference 
        relating to the Board for International Broadcasting 
        Authorization Act, Fiscal Years 1982 and 1983;
          (7) the President of RFE/RL, Incorporated, who is 
        responsible for the proper management and supervision 
        of the daily operations of the radios, should devote 
        the necessary resources and personnel to strengthen 
        both the oversight and the quality of programming;
          (8) the Board for International Broadcasting, in an 
        effort to preserve or enhance its ability to properly 
        oversee the operations of RFE/RL, Incorporated, must 
        avoid even the appearance of involvement in daily 
        operational decisions and management of RFE/RL, 
        Incorporated; and
          (9) the absence of satisfactory pre-broadcast review 
        and the lack of sufficient records of actions taken to 
        explain or remedy program problems identified through 
        post-broadcast review, may endanger the long-term 
        credibility of RFE/RL, Incorporated.
    (b) Actions To Be Taken by RFE/RL.--It is the sense of the 
Congress that RFE/RL, Incorporated, should--
          (1) strengthen existing broadcast control procedures 
        and post-broadcast program analysis; and
          (2) improve its personnel management system to 
        include such things as better documentation of internal 
        decisionmaking and communication, personnel review, and 
        job description.
    (c) Actions To Be Taken by BIB.--It is the sense of the 
Congress that the Board for International Broadcasting should--
          (1) periodically review and update the Program Policy 
        Guidelines of RFE/RL, Incorporated, with the goal of 
        maintaining their clarity and responsiveness; and
          (2) ensure that the distinctions between the Board 
        for International Broadcasting and RFE/RL, 
        Incorporated, remain clear and that these two entities 
        continue to operate within the framework established by 
        law.
          * * * * * * *

SEC. 305. ROLE OF THE SECRETARY OF STATE

    (a) * * *
    (b) \1\ Liaison with RFE/RL, Incorporated; Representation 
at Board Meetings.--The Secretary of State shall--
---------------------------------------------------------------------------
    \1\ 22 USC 2875 note.
---------------------------------------------------------------------------
          (1) establish an office within the United States 
        Consulate in Munich, Federal Republic of Germany, which 
        shall be responsible for the daily liaison operations 
        of the Department of State with RFE/RL, Incorporated; 
        and
          (2) be represented by an observer at each meeting of 
        the Board for International Broadcasting and of the 
        Board of Directors of RFE/RL, Incorporated.

SEC. 306. TASK FORCE WITH RESPECT TO BROADCASTS TO SOVIET JEWRY.

    (a) Establish Task Force.--There shall be established by 
the Board for International Broadcasting a task force to 
conduct a study of the advisability and feasibility of 
increasing broadcasts to the Jewish population within the 
Soviet Union.
    (b) Study.--The Task Force shall--
          (1) investigate the needs of Jewish audiences in the 
        Soviet Union;
          (2) study the practicality and desirability of 
        establishing a special program, in accordance with the 
        Program Policy Guidelines of RFE/RL, Inc., of Russian 
        language broadcasting to the Jewish population of the 
        Soviet Union;
          (3) study the advisability of incorporating such a 
        special program in a special unit of its Radio Liberty 
        division entitled the ``Radio Maccabee Program of Radio 
        Liberty'';
          (4) make recommendations with respect to the 
        desirable content of broadcast programming; and
          (5) identify the needs and concerns of the activist 
        as well as the refusnik population in the Soviet Union.
    (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Board for International Broadcasting 
shall submit a report to the Congress. Such report shall 
include the following:
          (1) Whether expansion of original programming 
        scheduled (``Jewish Cultural and Social Life'') or 
        planned (``Judaism'') is fulfilling the needs of the 
        audience, and whether expanded Soviet-Jewish 
        programming should include broadcasts on Jewish 
        history, culture, religion, or other matters of general 
        cultural, intellectual, political, and religious 
        interest to the Soviet Jewish population, as well as 
        Hebrew education courses.
          (2) The extent to which such programming is broadcast 
        in Russian, Hebrew, and Yiddish.
          (3) Recommendations for implementing expanded 
        programming within the structure of RFE/RL, Inc., 
        including specific personnel required and providing for 
        a Soviet Jewry administrative unit within Radio 
        Liberty.
          (4) The findings of, and the recommendations from, 
        the study required under subsection (b).
    (d) Maccabee Programming.--RFE/RL, Incorporated, shall 
strengthen existing programming dealing with issues of concern 
to Jewish audiences in the Soviet Union, to be known as 
Maccabee programming.
    (e) Existing Personnel To Conduct Study and Make Report.--
The study and the report required by this section shall be 
carried out by existing personnel of RFE, Inc., or the Board of 
International Broadcasting.
i. Board for International Broadcasting Authorization Act, Fiscal Years 
                             1984 and 1985

Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017, at 1036, 
 approved November 22, 1983; amended by Public Law 103-199 [FRIENDSHIP 
      Act, H.R. 3000], 107 Stat. 2317, approved December 17, 1993


          Note.--Sections of this Act amend the Board for 
        International Broadcasting Act of 1973 and have been 
        incorporated into that Act at the appropriate places. 
        The Board for International Broadcasting Act of 1973 
        was repealed effective 1995.



 AN ACT To authorize appropriations for fiscal years 1984 and 1985 for 
  the Department of State, the United States Information Agency, the 
 Board for International Broadcasting, the Inter-American Foundation, 
   and the Asia Foundation, to establish the National Endowment for 
                   Democracy, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

            TITLE III--BOARD FOR INTERNATIONAL BROADCASTING

                              short title

    Sec. 301. This title may be cited as the ``Board for 
International Broadcasting Authorization Act, Fiscal Years 1984 
and 1985''.
          * * * * * * *

                     salary of the rfe/rl president

    Sec. 305. (a) \1\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 305(a) added a new sec. 13 to the Board for International 
Broadcasting Act of 1973 regarding the salary of the RFE/RL President.
---------------------------------------------------------------------------
    (b) The amendment made by this section applies with respect 
to funds used for the salary of any President of RFE/RL, 
Incorporated, who is appointed after the date of enactment of 
this Act.

  policy on broadcasts of rfe/rl and the voice of america concerning 
                      soviet religious persecution

    Sec. 306. It is the sense of the Congress that RFE/RL, 
Incorporated (commonly known as Radio Free Europe and Radio 
Liberty) and the Voice of America (VOA) are to be commended for 
their news and editorial coverage of the increasing religious 
persecution in the Soviet Union, including the declining levels 
of Jewish emigration, and are encouraged to intensify their 
efforts in this regard.
    Sec. 307.\2\ * * * [Repealed--1993]
---------------------------------------------------------------------------
    \2\ Sec. 304 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2323) repealed sec. 307, relating to establishment of a Baltic Division 
under RFE/RL, Incorporated.
---------------------------------------------------------------------------

policy on the jamming by the soviet union of broadcasts of the voice of 
                           america and rfe/rl

    Sec. 308.\3\ It is the sense of the Congress that the 
President should urge the government of any country engaging in 
such activities to terminate its jamming of the broadcasts of 
the Voice of America and RFE/RL, Incorporated.
---------------------------------------------------------------------------
    \3\ Sec. 304(b) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2323) substantially amended and restated sec. 308. It formerly 
read as follows:
---------------------------------------------------------------------------

``policy on the jamming by the soviet union of broadcasts of the voice 
                         of america and rfe/rl
---------------------------------------------------------------------------
    ``Sec. 308. (a) The Congress finds that--
---------------------------------------------------------------------------

          ``(1) the permanent unrestrained flow of accurate information 
        would greatly facilitate mutual understanding and world peace;
          ``(2) the Soviet Union and its allies are at present 
        electronically jamming the broadcasts of the Voice of America 
        and RFE/RL, Incorporated (commonly known as Radio Free Europe 
        and Radio Liberty); and
          ``(3) electronic jamming of international broadcasts violates 
        at least four international agreements: Article 35(1) of the 
        International Telecommunications Union Convention, Article 19 
        of the Universal Declaration of Human Rights, Article 19 of the 
        International Covenant on Civil and Political Rights, and the 
        Final Act of the Conference on Security and Cooperation in 
        Europe (commonly known as the Helsinki Accords).
---------------------------------------------------------------------------
    ``(b) it is the sense of the Congress that the President should 
urge the Government of the Soviet Union to terminate its jamming of the 
broadcasts of the Voice of America and RFE/RL, Incorporated.''.
---------------------------------------------------------------------------
          * * * * * * *
j. Board for International Broadcasting Authorization Act, Fiscal Years 
                             1982 and 1983

  Partial text of Public Law 97-241 [S. 1193], 96 Stat. 273, at 295, 
                        approved August 24, 1982


          Note.--Sections of this Act amend the Board for 
        International Broadcasting Act of 1973 and have been 
        incorporated into that Act at the appropriate places. 
        The Board for International Broadcasting Act of 1973 
        was repealed effective 1995.



 AN ACT To authorize appropriations for fiscal years 1982 and 1983 for 
 the Department of State, the International Communications Agency, the 
     Board for International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

             TITLE IV--BOARD FOR INTERNATIONAL BROADCASTING

                              short title

    Sec. 401. This title may be cited as the ``Board for 
International Broadcasting Authorization Act, Fiscal Years 1982 
and 1983''.
          * * * * * * *

                       radio broadcasting to cuba

    Sec. 404. Any program of the United States Government 
involving radio broadcast directed principally to Cuba, for 
which funds are authorized to be appropriated by this Act or 
any other Act, shall be designated as ``Radio Marti''.
          * * * * * * *
        k. International Broadcasting Operations Appropriations

     (1) International Broadcasting Operations Appropriations, 2001

Partial text of Public Law 106-553 [Federal Funding, 2001; H.R. 4942], 
               114 Stat. 2762, approved December 21, 2000

          * * * * * * *

          TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY \1\

                          DEPARTMENT OF STATE

          * * * * * * *

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international 
communication activities, $398,971,000, of which not to exceed 
$16,000 may be used for official receptions within the United 
States as authorized, not to exceed $35,000 may be used for 
representation abroad as authorized, and not to exceed $39,000 
may be used for official reception and representation expenses 
of Radio Free Europe/Radio Liberty; and in addition, 
notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from 
business ventures, not to exceed $500,000 in receipts from 
cooperating international organizations, and not to exceed 
$1,000,000 in receipts from privatization efforts of the Voice 
of America and the International Broadcasting Bureau, to remain 
available until expended for carrying out authorized purposes.
---------------------------------------------------------------------------
    \1\ The Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 2001 [H.R. 5548, as introduced 
on October 25, 2000], was enacted by reference in sec. 1(a)(2) of 
Public Law 106-553 (114 Stat. 2762). Therein, the Department of State 
and Related Agency Appropriations Act, 2001, may be found at title IV 
(beginning at 114 Stat. 2762A-90).
---------------------------------------------------------------------------

                          broadcasting to cuba

    For necessary expenses to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the 
purchase, rent, construction, and improvement of facilities for 
radio and television transmission and reception, and purchase 
and installation of necessary equipment for radio and 
television transmission and reception, $22,095,000, to remain 
available until expended.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase 
and installation of necessary equipment for radio and 
television transmission and reception as authorized, 
$20,358,000, to remain available until expended, as authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United 
States Code; for services as authorized by 5 U.S.C. 3109; and 
hire of passenger transportation pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
State in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That not to exceed 5 
percent of any appropriation made available for the current 
fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall 
be increased by more than 10 percent by any such transfers: 
Provided further, That any transfer pursuant to this section 
shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.
    Sec. 403. None of the funds made available in this Act may 
be used by the Department of State or the Broadcasting Board of 
Governors to provide equipment, technical support, consulting 
services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.
          * * * * * * *
    Sec. 408. Funds appropriated by this Act for the 
Broadcasting Board of Governors and the Department of State, 
and for the American Section of the International Joint 
Commission in Public Law 106-246, may be obligated and expended 
notwithstanding section 313 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, and section 15 
of the State Department Basic Authorities Act of 1956, as 
amended.
    This title may be cited as the ``Department of State and 
Related Agency Appropriations Act, 2001''.
       (2) International Broadcasting Operations, Miscellaneous 
                          Appropriations, 2001

 Partial text of Public Law 106-554 [Consolidated Approprations; H.R. 
           4577], 114 Stat. 2763, approved December 21, 2000

          * * * * * * *

                       APPENDIX D--H.R. 5666 \1\

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2001, and for other purposes, namely:
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(4) of Public Law 106-554 (114 Stat. 2763) enacted 
H.R. 5666, as introduced on December 15, 2000 (``except that the text 
of H.R. 5666, as so enacted, shall not include section 123 (relating to 
the enactment of H.R. 4904)''). H.R. 5666, as enacted, is stated 
beginning at 114 Stat. 2763A-120.
---------------------------------------------------------------------------

                               DIVISION A

          * * * * * * *

                               CHAPTER 2

          * * * * * * *

                 DEPARTMENT OF STATE AND RELATED AGENCY

                           General Provisions

          * * * * * * *
    Sec. 211. In addition to amounts appropriated under the 
heading ``International Broadcasting Operations, Broadcasting 
Board of Governors'' in the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations 
Act, 2001, $10,000,000 to remain available until expended, for 
increased broadcasting to Russia and surrounding areas, and to 
China, by Radio Free Europe/Radio Liberty, Radio Free Asia, and 
the Voice of America: Provided, That any amount of such funds 
may be transferred to the ``Broadcasting Capital Improvements'' 
account to carry out such purposes.
          * * * * * * *
                    18. Radio Free Asia Act of 1998

Partial text of Public Law 105-261 [National Defense Authorization Act 
for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920, approved October 17, 
                                  1998

 AN ACT To authorize appropriations for fiscal year 1999 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of American in Congress 
assembled,
          * * * * * * *

                      TITLE XXXIX--RADIO FREE ASIA

SEC. 3901. SHORT TITLE.

    This title may be cited as the ``Radio Free Asia Act of 
1998''.

SEC. 3902. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR 
                    RADIO FREE ASIA AND VOICE OF AMERICA BROADCASTING 
                    TO CHINA.

    (a) Authorization of Appropriations for Radio Free Asia.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated for ``Radio Free Asia'' 
        $22,000,000 for fiscal year 1999.
          (2) Sense of congress.--It is the sense of Congress 
        that a significant amount of the funds under paragraph 
        (1) should be directed toward broadcasting to China and 
        Tibet in the appropriate languages and dialects.
    (b) Authorization of Appropriations for International 
Broadcasting to China.--In addition to such sums as are 
otherwise authorized to be appropriated to the United States 
Information Agency for ``International Broadcasting 
Activities'' for fiscal year 1999, there are authorized to be 
appropriated for ``International Broadcasting Activities'' 
$3,000,000 for fiscal year 1999, which shall be available only 
for enhanced Voice of America broadcasting to China.
    (c) Authorization of Appropriations for Radio 
Construction.--In addition to such sums as are otherwise 
authorized to be appropriated for ``Radio Construction'' for 
fiscal year 1999, there are authorized to be appropriated for 
``Radio Construction'' $2,000,000 for fiscal year 1999, which 
shall be available only for construction in support of enhanced 
broadcasting to China, including the timely augmentation of 
transmitters at Tinian, the Commonwealth of the Northern 
Mariana Islands.

SEC. 3903. REPORTING REQUIREMENT.

    (a) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Broadcasting Board of Governors 
shall prepare and submit to the appropriate congressional 
committees an assessment of the board's efforts to increase 
broadcasting by Radio Free Asia and Voice of America to China 
and Tibet. This report shall include an analysis of Chinese 
government control of the media, the ability of independent 
journalists and news organizations to operate in China, and the 
results of any research conducted to quantify listenership.
    (b) Definition.--As used in this section, the term 
``appropriate congressional committees'' means--
          (1) the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate; and
          (2) the Committee on International Relations and the 
        Committee on Appropriations of the House of 
        Representatives.
                      19. Broadcasting to Cuba \1\

                 a. Television Broadcasting to Cuba Act

  Partial text of Public Law 101-246 [H.R. 3793], 104 Stat. 15 at 58, 
  approved February 16, 1990; amended by Public Law 102-138 [Foreign 
 Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 
  105 Stat. 647, approved October 28, 1991; and by Public Law 105-277 
 [Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
      1999; H.R. 4328], 112 Stat. 2681, approved October 21, 1998

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Note.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110
                          Stat. 798 and 809), as amended, provides the following:
                           ``SEC. 107 [22 U.S.C. 6037]. TELEVISION BROADCASTING TO CUBA.
                           ``(a) Conversion to UHF.--The Director of the International Broadcasting Bureau shall implement a
                          conversion of television broadcasting to Cuba under the Television Marti Service to ultra high
                          frequency (UHF) broadcasting.
                           ``(b) Periodic Reports.--Not later than 45 days after the date of the enactment of this Act, and
                          every three months thereafter until the conversion described in subsection (a) is fully implemented,
                          the Director of the International Broadcasting Bureau shall submit a report to the appropriate
                          congressional committees on the progress made in carrying out subsection (a).
                           ``(c) Termination of Broadcasting Authorities.--Upon transmittal of a determination under section
                          203(c)(3), the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and following) and the Radio
                          Broadcasting to Cuba Act (22 U.S.C. 1465 and following) are repealed.''.
                           * * * * * * *
                           ``SEC. 203 [22 U.S.C. 6063]. COORDINATION OF ASSISTANCE PROGRAM: IMPLEMENTATION AND REPORTS TO
                          CONGRESS; REPROGRAMMING. * * *
                           ``(c) Implementation of Plan; Reports to Congress.--* * *
                           ``(3) Implementation with respect to democratically elected government.--The President shall, upon
                          determining that a democratically elected government in Cuba is in power, submit that determination to
                          the appropriate congressional committees and shall, subject to an authorization of appropriations and
                          subject to the availability of appropriations, commence the delivery and distribution of assistance to
                          such democratically elected government under the plan developed under section 202(b).''.
--------------------------------------------------------------------------------------------------------------------------------------------------------

 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for 
            the Department of State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *
---------------------------------------------------------------------------
    \1\ See also Board for International Broadcasting Authorization 
Act, Fiscal Years 1982 and 1983.
---------------------------------------------------------------------------

                PART D--TELEVISION BROADCASTING TO CUBA

SEC. 241.\2\ SHORT TITLE

  This part may be cited as the ``Television Broadcasting to 
Cuba Act''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 1465aa note.
---------------------------------------------------------------------------

SEC. 242.\3\ FINDINGS AND PURPOSES.

  The Congress finds and declares that--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1465aa.
---------------------------------------------------------------------------
          (1) it is the policy of the United States to support 
        the right of the people of Cuba to seek, receive, and 
        impart information and ideas through any media and 
        regardless of frontiers, in accordance with article 19 
        of the Universal Declaration of Human Rights;
          (2) consonant with this policy, television 
        broadcasting to Cuba may be effective in furthering the 
        open communication of accurate information and ideas to 
        the people of Cuba and, in particular, information 
        about Cuba;
          (3) television broadcasting to Cuba, operated in a 
        manner not inconsistent with the broad foreign policy 
        of the United States and in accordance with high 
        professional standards, would be in the national 
        interest;
          (4) facilities broadcasting television programming to 
        Cuba must be operated in a manner consistent with 
        applicable regulations of the Federal Communications 
        Commission, and must not affect the quality of domestic 
        broadcast transmission or reception; and
          (5) that the Voice of America already broadcasts to 
        Cuba information that represents America, not any 
        single segment of American society, and includes a 
        balanced and comprehensive projection of significant 
        American thought and institutions, but that there is a 
        need for television broadcasts to Cuba which provide 
        news, commentary, and other information about events in 
        Cuba and elsewhere to promote the cause of freedom in 
        Cuba.

SEC. 243.\4\ TELEVISION BROADCASTING TO CUBA.

  (a) Television Broadcasting to Cuba.--In order to carry out 
the purposes set forth in section 242 and notwithstanding the 
limitation of section 501 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461) with respect 
to the dissemination in the United States of information 
prepared for dissemination abroad to the extent such 
dissemination is inadvertent, the Broadcasting Board of 
Governors \5\ (hereafter in this part referred to as the 
``Agency'') shall provide for the open communication of 
information and ideas through the use of television 
broadcasting to Cuba. Television broadcasting to Cuba shall 
serve as a consistently reliable and authoritative source of 
accurate, objective, and comprehensive news.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 1465bb.
    \5\ Sec. 1325(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
---------------------------------------------------------------------------
  (b) Voice of America Standards.--Television broadcasting to 
Cuba under this part shall be in accordance with all Voice of 
America standards to ensure the broadcast of programs which are 
objective, accurate, balanced, and which present a variety of 
views.
  (c) \6\ Television Marti.--Any program of United States 
Government television broadcasts to Cuba authorized by this 
section shall be designated the ``Television Marti Program''.
---------------------------------------------------------------------------
    \6\ Sec. 1325(2) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``USIA'' in the subsec. catchline, and struck out ``USIA 
Television'' to replace it with ``the `Television'' in the body of the 
subsec.
---------------------------------------------------------------------------
  (d) Frequency Assignment.--
          (1) Subject to the Communications Act of 1934, the 
        Federal Communications Commission shall assign by order 
        a suitable frequency to further the national interests 
        expressed in this part, except that no such assignment 
        shall result in objectionable interference with the 
        broadcasts of any domestic licensee.
          (2) No Federal branch or agency shall compel an 
        incumbent domestic licensee to change its frequency in 
        order to eliminate objectionable interference caused by 
        broadcasting of the Service.
          (3) For purposes of section 305 of the Communications 
        Act of 1934, a television broadcast station established 
        for purposes of this part shall be treated as a 
        government station, but the Federal Communications 
        Commission shall exercise the authority of the 
        President under such section to assign a frequency to 
        such station.
  (e) Interference With Domestic Broadcasting.--
          (1) Broadcasting by the Television Marti Service 
        shall be conducted in accordance with such parameters 
        as shall be prescribed by the Federal Communications 
        Commission to preclude objectionable interference with 
        the broadcasts of any domestic licensee. The Television 
        Marti Service shall be governed by the same standards 
        regarding objectionable interference as any domestic 
        licensee. The Federal Communications Commission shall 
        monitor the operations of television broadcasting to 
        Cuba pursuant to subsection (f). If, on the basis of 
        such monitoring or a complaint from any person, the 
        Federal Communications Commission determines, in its 
        discretion, that broadcasting by the Television Marti 
        Service is causing objectionable interference with the 
        transmission or reception of the broadcasts of a 
        domestic licensee, the Federal Communications 
        Commission shall direct the Television Marti Service to 
        cease broadcasting and to eliminate the objectionable 
        interference. Broadcasts by the Service shall not be 
        resumed until the Federal Communications Commission 
        finds that the objectionable interference has been 
        eliminated and should not recur.
          (2) The Federal Communications Commission shall take 
        such actions as are necessary and appropriate to assist 
        domestic licensees in overcoming the adverse effects of 
        objectionable interference caused by broadcasting by 
        the Television Marti Service. Such assistance may 
        include the authorization of nondirectional increases 
        in the effective radiated power of a domestic 
        television station so that its coverage is equivalent 
        to the maximum allowable for such facilities, to avoid 
        any adverse effect on such stations of the broadcasts 
        of the Television Marti Service.
          (3) If the Federal Communications Commission directs 
        the Television Marti Service to cease broadcasting 
        pursuant to paragraph (1), the Commission shall, as 
        soon as practicable, notify the appropriate committees 
        of Congress of such action and the reasons therefor. 
        The Federal Communications Commission shall continue to 
        notify the appropriate committees of Congress of 
        progress in eliminating the objectionable interference 
        and shall assure that Congress is fully informed about 
        the operation of the Television Marti Service.
  (f) Monitoring of Interference.--The Federal Communications 
Commission shall continually monitor and periodically report to 
the appropriate committees of the Congress interference to 
domestic broadcast licensees--
          (1) from the operation of Cuban television and radio 
        stations; and
          (2) from the operations of the television 
        broadcasting to Cuba.
  (g) Task Force.--It is the sense of the Congress that the 
President should establish a task force to analyze the level of 
interference from the operation of Cuban television and radio 
stations experienced by broadcasters in the United States and 
to seek a practical political and technical solution to this 
problem.

SEC. 244.\7\ TELEVISION MARTI SERVICE.

  (a) Television Marti Service.--There is \8\ within the Voice 
of America a Television Marti Service. The Service shall be 
responsible for all television broadcasts to Cuba authorized by 
this part. The Broadcasting Board of Governors \9\ shall 
appoint a head of the Service who shall report directly to the 
International Broadcasting Bureau.\10\ The head of the Service 
shall employ such staff as the head of the Service may need to 
carry out the duties of the Service.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 1465cc. Sec. 1325(4)(A) of the Foreign Affairs 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-781) struck out ``OF THE UNITED STATES 
INFORMATION AGENCY'' from the section catchline.
    \8\ Sec. 1325(4)(B)(i) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out `` Director of the United States Information 
Agency shall establish'' and inserted in lieu thereof ``There is''.
    \9\ Sec. 1325(4)(B)(ii)(I) of the Foreign Affairs Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Director of the United States Information 
Agency'' and inserted in lieu thereof ``Broadcasting Board of 
Governors''. The amendment was to be applied to the second sentence in 
subsec. (a); it is interpreted to be applicable to the third sentence.
    \10\ Sec. 1325(4)(B)(ii)(II) of the Foreign Affairs Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-781) struck out ``the Director of the Voice of America'' and 
inserted in lieu thereof ``the International Broadcasting Bureau''.
---------------------------------------------------------------------------
  (b) Use of Existing Facilities of the USIA.--To assure 
consistency of presentation and efficiency of operations in 
conducting the activities authorized under this part, the 
Television Marti Service shall make maximum feasible 
utilization of Board facilities \11\ and management support, 
including Voice of America: Cuba Service, Voice of America, and 
the United States International \12\ Television Service.
---------------------------------------------------------------------------
    \11\ Sec. 1325(4)(C)(i) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Agency facilities'' and inserted in lieu thereof 
``Board facilities''.
    \12\ Sec. 1325(4)(C)(ii) of the Foreign Affairs Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Information Agency'' and inserted in lieu 
thereof ``International''.
---------------------------------------------------------------------------
  (c) \13\ Authority.--The Board \14\ may carry out the 
purposes of this part by means of grants, leases, or contracts 
(subject to the availability of appropriations), or such other 
means as the Board \14\ determines will be most effective.
---------------------------------------------------------------------------
    \13\ Sec. 1325(4)(D) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``USIA'' in the subsection heading.
    \14\ Sec. 1325(3) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------

SEC. 245. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.

  (a) \15\ * * *
---------------------------------------------------------------------------
    \15\ Sec. 245(a) amended sec. 5 of the Radio Broadcasting to Cuba 
Act (22 U.S.C. 1465c).
---------------------------------------------------------------------------
  (b) \16\ References.--A reference in any provision of law to 
the ``Advisory Board for Radio Broadcasting to Cuba'' shall be 
considered to be a reference to the ``Advisory Board for Cuba 
Broadcasting''.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 1465c note.
---------------------------------------------------------------------------
  (c) \16\ Continued Service of Members of Board.--Each member 
of the Advisory Board for Radio Broadcasting to Cuba as in 
existence on the day before the effective date of the amendment 
made by subsection (a) shall continue to serve for the 
remainder of the term to which such member was appointed as a 
member of the Advisory Board for Cuba Broadcasting.
  (d) \16\ Staff Director.--The Advisory Board \17\ shall have 
a staff director who shall be appointed by the Chairperson of 
the Advisory Board for Cuba Broadcasting.
---------------------------------------------------------------------------
    \17\ Sec. 1325(5) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-782) 
struck out ``Board'' and inserted in lieu thereof ``Advisory Board''.
---------------------------------------------------------------------------

SEC. 246.\18\ ASSISTANCE FROM OTHER GOVERNMENT AGENCIES.

  In order to assist the Broadcasting Board of Governors \19\ 
in carrying out the provisions of this part, any agency or 
instrumentality of the United States may sell, loan, lease, or 
grant property (including interests therein) and may perform 
administrative and technical support and services at the 
request of the Board.\20\
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 1465dd.
    \19\ Sec. 1325(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
    \20\ Sec. 1325(3) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------

SEC. 247.\21\ AUTHORIZATION OF APPROPRIATIONS.

  (a) \22\ Authorization of Appropriations.--In addition to 
amounts otherwise made available under section 201 for such 
purposes,\23\ there are authorized to be appropriated to the 
United States Information Agency, $16,000,000 for the fiscal 
year 1990 and $16,000,000 for the fiscal year 1991 for 
television broadcasting to Cuba in accordance with the 
provisions of this part.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 1465ee.
    22 Sec. 201(a)(3) of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 420), 
provided the following:
    ``(3) Broadcasting to cuba.--For `Broadcasting to Cuba', 
$21,000,000 for the fiscal year 1994 and $27,609,000 for the fiscal 
year 1995.''.
    Previous years' authorizations include: fiscal year 1992--
$38,988,000; fiscal year 1993--$34,525,000 (for radio and television).
    The Department of State Appropriations Act, 2001 (title IV of H.R. 
5548, enacted by reference in sec. 1(a)(2) of Public Law 106-553; 114 
Stat. 2762A-96), provided the following:
---------------------------------------------------------------------------

                         ``broadcasting to cuba
---------------------------------------------------------------------------
    ``For expenses necessary to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the purchase, 
rent, construction, and improvement of facilities for radio and 
television transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and 
reception, $22,095,000, to remain available until expended.''.
    See also ``Administrative Provision Establishing the Advisory Panel 
on Radio Marti and TV Marti'' in Public Law 103-121.
    Recent previous years' appropriations include: fiscal year 1990--
$85,000,000 for radio construction, ``of which not to exceed 
$16,000,000 may be available for the completion of testing and first-
year operations of television broadcasting to Cuba''. Subsequent years 
included funding for both radio and television: fiscal year 1991--
$31,069,000; fiscal year 1992--$36,888,000; fiscal year 1993--
$28,531,000; fiscal year 1994--$7,000,000; fiscal year 1005--
$24,809,000; fiscal year 1996--$24,809,000; fiscal year 1997--
$25,000,000; fiscal year 1998--$ 22,095,000; fiscal year 1999--
$22,095,000; and fiscal year 2000--$22,095,000.
    \23\ For sec. 201, Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991, see page 1006.
---------------------------------------------------------------------------
  (b) Limitation.--
          (1) Subject to paragraph (2), no funds authorized to 
        be appropriated under subsection (a) may be obligated 
        or expended unless the President determines and 
        notifies the appropriate committees of Congress that 
        the test of television broadcasting to Cuba (as 
        authorized by title V of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1989 (Public Law 100-459)) \24\ has 
        demonstrated television broadcasting to Cuba is 
        feasible and will not cause objectionable interference 
        with the broadcasts of incumbent domestic 
        licensees.\25\ The Federal Communications Commission 
        shall furnish to the appropriate committees of Congress 
        all interim and final reports and other appropriate 
        documentation concerning objectionable interference 
        from television broadcasting to Cuba to incumbent 
        domestic licensees.
---------------------------------------------------------------------------
    \24\ Title V of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 1989 (Public 
Law 100-459; 102 Stat. 2220) provided the following:
---------------------------------------------------------------------------

                          ``radio construction
---------------------------------------------------------------------------
    ``For an additional amount for the purchase, rent, construction, 
and improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio transmission 
and reception as authorized by 22 U.S.C. 1471, $65,000,000, to remain 
available until expended as authorized by 22 U.S.C. 1477b(a): Provided, 
That not to exceed $7,500,000 of these funds may be available for the 
purchase, rent, construction, improvement and equipping of facilities 
for and startup operations including a test of television broadcasting 
to Cuba: Provided further, That in conducting such startup operations 
the United States Information Agency shall use a tethered aerostat 
operated and located at Cudjoe Key Air Force Base in Key West, Florida, 
if feasible and subject to reimbursement, for both the United States 
Customs Service's drug interdiction efforts and the United States 
Information Agency's test of television broadcasting to Cuba: Provided 
further, That the Department of Defense shall provide the necessary 
military support required to support this effort to the maximum extent 
possible: Provided further, That all such television broadcasting 
activities shall be conducted for the same purposes and, to the extent 
feasible, under the same conditions, direction and controls as the 
radio broadcasting activities authorized by the Radio Broadcasting to 
Cuba Act: Provided further, That notwithstanding the preceding proviso, 
section 7 of the Radio Broadcasting to Cuba Act shall not apply to 
television broadcasting station licenses.''.
    \25\ The President determined in a memorandum to the Secretary of 
State that the test of television broadcasting to Cuba as authorized by 
Public Law 100-459 demonstrated that such broadcasting was feasible and 
would not cause objectionable interference with the broadcasts of 
incumbent domestic licenses (Presidential Determination No. 90-35 of 
August 26, 1990 (55 F.R. 38659).
---------------------------------------------------------------------------
          (2) Not less than 30 days before the President makes 
        the determination under paragraph (1), the President 
        shall submit a report to the appropriate committees of 
        the Congress which includes the findings of the test of 
        television broadcasting to Cuba. The period for the 
        test of television broadcasting may be extended until--
                  (A) the date of the determination and 
                notification by the President under paragraph 
                (1), or
                  (B) 30 days,
        whichever comes first.
  (c) \26\ Availability of Funds.--Amounts appropriated to 
carry out the purposes of this part are authorized to be 
available until expended.
---------------------------------------------------------------------------
    \26\ Sec. 232 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 703), added subsec. 
(c).
---------------------------------------------------------------------------

SEC. 248.\27\ DEFINITIONS.

  As used in this part--
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 1465ff.
---------------------------------------------------------------------------
          (1) the term ``licensee'' has the meaning provided in 
        section 3(c) of the Communications Act of 1934;
          (2) the term ``incumbent domestic licensee'' means a 
        licensee as provided in section 3(c) of the 
        Communications Act of 1934 that was broadcasting a 
        television signal as of January 1, 1989;
          (3) the term ``objectionable interference'' shall be 
        applied in the same manner as such term is applied 
        under regulations of the Federal Communications 
        Commission to other domestic broadcasters; and
          (4) the term ``appropriate committees of Congress'' 
        includes the Committee on Foreign Affairs and the 
        Committee on Energy and Commerce of the House of 
        Representatives \28\ and the Committee on Foreign 
        Relations of the Senate.
---------------------------------------------------------------------------
    \28\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Energy and Commerce of the House of 
Representatives shall be treated as referring to the Committee on 
Commerce of the House of Representatives. Sec. 1(a)(5) of that Act 
provided that references to the Committee on Foreign Affairs shall be 
treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          * * * * * * *
                   b. Radio Broadcasting to Cuba Act

Public Law 98-111 [S. 602], 97 Stat. 749, approved October 4, 1983; as 
amended by Public Law 98-411 [Department of State Appropriations, 1985; 
H.R. 5712], 98 Stat. 1545 at 1574, approved August 30, 1984; Public Law 
  101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 
  103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; and by Public 
     Law 105-277 [Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October 
                                21, 1998

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Note.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110
                          Stat. 798 and 809), as amended, provides the following:
                           ``SEC. 107 [22 U.S.C. 6037]. TELEVISION BROADCASTING TO CUBA.
                           ``(a) Conversion to UHF.--The Director of the International Broadcasting Bureau shall implement a
                          conversion of television broadcasting to Cuba under the Television Marti Service to ultra high
                          frequency (UHF) broadcasting.
                           ``(b) Periodic Reports.--Not later than 45 days after the date of the enactment of this Act, and
                          every three months thereafter until the conversion described in subsection (a) is fully implemented,
                          the Director of the International Broadcasting Bureau shall submit a report to the appropriate
                          congressional committees on the progress made in carrying out subsection (a).
                           ``(c) Termination of Broadcasting Authorities.--Upon transmittal of a determination under section
                          203(c)(3), the Television Broadcasting to Cuba Act (22 U.S.C. 1465aa and following) and the Radio
                          Broadcasting to Cuba Act (22 U.S.C. 1465 and following) are repealed.''.
                           * * * * * * *
                           ``SEC. 203 [22 U.S.C. 6063]. COORDINATION OF ASSISTANCE PROGRAM: IMPLEMENTATION AND REPORTS TO
                          CONGRESS; REPROGRAMMING. * * *
                           ``(c) Implementation of Plan; Reports to Congress.--* * *
                           ``(3) Implementation with respect to democratically elected government.--The President shall, upon
                          determining that a democratically elected government in Cuba is in power, submit that determination to
                          the appropriate congressional committees and shall, subject to an authorization of appropriations and
                          subject to the availability of appropriations, commence the delivery and distribution of assistance to
                          such democratically elected government under the plan developed under section 202(b).''.
--------------------------------------------------------------------------------------------------------------------------------------------------------

 AN ACT To provide for the broadcasting of accurate information to the 
                people of Cuba, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Radio Broadcasting to Cuba Act''.

                           findings; purposes

    Sec. 2.\1\ The Congress finds and declares--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1465.
---------------------------------------------------------------------------
          (1) that it is the policy of the United States to 
        support the right of the people of Cuba to seek, 
        receive, and impart information and ideas through any 
        media and regardless of frontiers, in accordance with 
        article 19 of the Universal Declaration of Human 
        Rights;
          (2) that, consonant with this policy, radio 
        broadcasting to Cuba may be effective in furthering the 
        open communication of accurate information and ideas to 
        the people of Cuba, in particular information about 
        Cuba;
          (3) that such broadcasting to Cuba, operated in a 
        manner not inconsistent with the broad foreign policy 
        of the United States and in accordance with high 
        professional standards, would be in the national 
        interest; and
          (4) that the Voice of America already broadcasts to 
        Cuba information that represents America, not any 
        single segment of American society, and includes a 
        balanced and comprehensive projection of significant 
        American thought and institutions but that there is a 
        need for broadcasts to Cuba which provide news, 
        commentary and other information about events in Cuba 
        and elsewhere to promote the cause of freedom in Cuba.

    additional functions of the broadcasting board of governors \2\

    Sec. 3.\3\ (a) In order to carry out the objectives set 
forth in section 2, the Broadcasting Board of Governors \2\ 
(hereafter in this Act referred to as the ``Board'') \4\ shall 
provide for the open communication of information and ideas 
through the use of radio broadcasting to Cuba. Radio 
broadcasting to Cuba shall serve as a consistently reliable and 
authoritative source of accurate, objective, and comprehensive 
news.
---------------------------------------------------------------------------
    \2\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
    \3\ 22 U.S.C. 1465a.
    \4\ Sec. 1324(2) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------
    (b) Radio broadcasting in accordance with subsection (a) 
shall be part of the Voice of America radio broadcasting to 
Cuba and shall be in accordance with all Voice of America 
standards to ensure the broadcast of programs which are 
objective, accurate, balanced, and which present a variety of 
views.
    (c) Radio broadcasting to Cuba authorized by this Act shall 
utilize the broadcasting facilities located at Marathon, 
Florida, and the 1180 AM frequency that were used by the Voice 
of America prior to the date of enactment of this Act. Other 
frequencies, not on the commercial Amplitude Modulation (AM) 
Band (535 kHz to 1605 kHz), may also be simultaneously 
utilized: Provided, That no frequency shall be used for radio 
broadcasts to Cuba in accordance with this Act which is not 
also used for all other Voice of America broadcasts to Cuba. 
Time leased from nongovernmental shortwave radio stations may 
be used to carry all or part of the Service programs and to 
rebroadcast Service programs: Provided, That not less than 30 
per centum of the programs broadcast or rebroadcast shall be 
regular Voice of America broadcasts with particular emphasis on 
news and programs meeting the requirements of section 503(2) of 
Public Law 80-402.
    (d) Notwithstanding subsection (c), in the event that 
broadcasts to Cuba on the 1180 AM frequency are subject to 
jamming or interference greater by 25 per centum or more than 
the average daily jamming or interference in the twelve months 
preceding September 1, 1983, the Broadcasting Board of 
Governors \5\ may lease time on commercial or noncommercial 
educational AM band radio broadcasting stations. The Federal 
Communications Commission shall determine levels of jamming and 
interference by conducting regular monitoring of the 1180 AM 
frequency. In the event that more than two hours a day of time 
is leased, not less than 30 per centum of the programing 
broadcast shall be regular Voice of America broadcasts with 
particular emphasis on news and programs meeting the 
requirements of section 503(2) of Public Law 80-402.
---------------------------------------------------------------------------
    \5\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''. Sec. 1324(3) of that Act, 
however, struck out ``the Director of the United States Information 
Agency'' and inserted in lieu thereof ``the Broadcasting Board of 
Governors'' throughout this Act. This second amendment is not 
executable because each reference to USIA is amended by the first 
amendment. It is interpreted, however, that each instance where there 
is reference to the USIA Director, that the second amendment applies.
---------------------------------------------------------------------------
    (e) Any program of United States Government radio 
broadcasts to Cuba authorized by this section shall be 
designated ``Voice of America: Cuba Service'' or ``Voice of 
America: Radio Marti program''.
    (f) In the event broadcasting facilities located at 
Marathon, Florida, are rendered inoperable by natural disaster 
or by unlawful destruction, the Broadcasting Board of Governors 
\6\ may, for the period in which the facilities are inoperable 
but not to exceed one hundred and fifty days, use other United 
States Government-owned transmission facilities for Voice of 
America broadcasts to Cuba authorized by this Act.
---------------------------------------------------------------------------
    \6\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''. Sec. 1324(3) of that Act, 
however, struck out ``the Director of the United States Information 
Agency'' and inserted in lieu thereof ``the Broadcasting Board of 
Governors'' throughout this Act. This second amendment is not 
executable because each reference to USIA is amended by the first 
amendment. It is interpreted, however, that each instance where there 
is reference to the USIA Director, that the second amendment applies.
---------------------------------------------------------------------------

       cuba service of the international broadcasting bureau \7\

    Sec. 4.\8\ The Broadcasting Board of Governors \9\ shall 
establish within the International Broadcasting Bureau \7\ a 
Cuba Service (hereafter in this section referred to as the 
``Service''). The Service shall be responsible for all radio 
broadcasts to Cuba authorized by section 3. The Broadcasting 
Board of Governors \9\ shall appoint a head of the Service and 
shall employ such staff as the head of the Service may need to 
carry out his duties. The Cuba Service shall be administered 
separately from other International Broadcasting Bureau \7\ 
functions and the head of the Cuba Service shall report 
directly to the Board \10\ of the International Broadcasting 
Bureau.\11\
---------------------------------------------------------------------------
    \7\ Sec. 1324(4) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``the Voice of America'' and inserted in lieu thereof ``the 
International Broadcasting Bureau''.
    \8\ 22 U.S.C. 1465b.
    \9\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''. Sec. 1324(3) of that Act, 
however, struck out ``the Director of the United States Information 
Agency'' and inserted in lieu thereof ``the Broadcasting Board of 
Governors'' throughout this Act. This second amendment is not 
executable because each reference to USIA is amended by the first 
amendment. It is interpreted, however, that each instance where there 
is reference to the USIA Director, that the second amendment applies.
    \10\ Sec. 1324(6) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Director'' and inserted in lieu thereof ``Board''.
    \11\ Sec. 1324(4) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``the Voice of America'' and inserted in lieu thereof ``the 
International Broadcasting Bureau''. Previously, sec. 305(d)(1) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236; 108 Stat. 436), struck out ``and the Associate Director 
for Broadcasting of the United States Information Agency'', and 
inserted in lieu thereof ``of the Voice of America''.
---------------------------------------------------------------------------

               advisory board for cuba broadcasting \12\

    Sec. 5.\13\ (a) \14\ There is established within the Office 
of the President the Advisory Board for Cuba Broadcasting (in 
this division referred to as the ``Advisory Board'').\15\ The 
Advisory Board \16\ shall consist of nine members, appointed by 
the President by and with the advice and consent of the Senate, 
of whom not more than five shall be members of the same 
political party. The President shall designate one member of 
the Advisory Board \16\ to serve as chairperson.
---------------------------------------------------------------------------
    \12\ Sec. 245(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 61), amended 
this section heading. It formerly read: ``Board for Radio Broadcasting 
to Cuba''.
    Sec. 245(b) of that Act provided that ``reference in any provision 
of law to the `Advisory Board for Radio Broadcasting to Cuba' shall be 
considered to be a reference to the `Advisory Board for Cuba 
Broadcasting'.''.
    Sec. 245(c) of that Act provided that any member of the Advisory 
Board for Radio Broadcasting to Cuba shall serve out the remainder of 
his/her term of appointment as a member of the Advisory Board for Cuba 
Broadcasting.
    13 22 U.S.C. 1465c.
    \14\ Sec. 245(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 61), restated 
subsecs. (a) and (b).
    \15\ Sec. 1324(5)(B) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``There is established within the Office of the 
President the Advisory Board for Cuba Broadcasting (hereafter in this 
Act referred to as the `Advisory Board').'' and inserted in lieu 
thereof ``There is established within the Office of the President the 
Advisory Board for Cuba Broadcasting (in this division referred to as 
the `Advisory Board')''.
    \16\ Sec. 1324(5)(A) of the Foreign Affairs Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-781) struck out ``Board'' and inserted in lieu thereof ``Advisory 
Board'' throughout sec. 5. It is interpreted that this amendment is 
applicable only where ``Board'' stands alone and is not in the larger 
context of ``Board of Governors'' or ``Board'' as previously amended by 
sec. 1324(1), (2), or (3).
---------------------------------------------------------------------------
    (b) \14\ The Advisory Board \16\ shall review the 
effectiveness of the activities carried out under this Act and 
the Television Broadcasting to Cuba Act shall make such 
recommendations to the President and the Broadcasting Board of 
Governors \17\ as it may consider necessary.
---------------------------------------------------------------------------
    \17\ Sec. 305(d)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 436), struck 
out ``Director and Associate Director for Broadcasting of the United 
States Information Agency'', and inserted in lieu thereof 
``Broadcasting Board of Governors''.
---------------------------------------------------------------------------
    (c) In appointing the initial voting members of the 
Advisory Board,\16\ the President shall designate three members 
to serve for a term of three years, three members to serve for 
a term of two years, and three members to serve for a term of 
one year. Thereafter, the term of each member of the Advisory 
Board \16\ shall be three years. The President shall appoint, 
by and with the advice and consent of the Senate, members to 
fill vacancies occurring prior to the expiration of a term, in 
which case the members so appointed shall serve for the 
remainder of such term. Any member whose term has expired may 
serve until his successor has been appointed and qualified.
    (d) \18\ The head of the Cuba Service and the head of the 
Television Marti Service shall serve, ex officio, as members of 
the Advisory Board.\16\
---------------------------------------------------------------------------
    \18\ Sec. 245(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 61), restated 
subsec. (d); and in subsec. (e) struck out ``The ex officio member'' 
and inserted in lieu thereof ``The ex officio members''.
---------------------------------------------------------------------------
    (e) Members of the Advisory Board \16\ appointed by the 
President shall, while attending meetings of the Advisory Board 
\16\ or while engaged in duties relating to such meetings or in 
other activities of the Advisory Board \16\ pursuant to this 
section, including traveltime, be entitled to receive 
compensation equal to the daily equivalent of the compensation 
prescribed for level V of the Executive Schedule under section 
5316 of title 5, United States Code. While away from their 
homes or regular places of business they may be allowed travel 
expenses, including per diem in lieu of subsistence, as 
authorized by law (5 U.S.C. 5703) for persons in the Government 
service employed intermittently. The ex officio members \18\ of 
the Advisory Board \16\ shall not be entitled to any 
compensation under this section, but may be allowed travel 
expenses as provided in the preceding sentence.
    (f) The Advisory Board \16\ may, to the extent it deems 
necessary to carry out its functions under this section, 
procure supplies, services, and other personal property, 
including specialized electronic equipment.
    (g) Notwithstanding any other provision of law, the Board 
shall remain in effect indefinitely.
    (h) There are authorized to be appropriated $130,000 to 
carry out the provisions of this section.

               assistance from other government agencies

    Sec. 6.\19\ (a) In order to assist the Broadcasting Board 
of Governors \20\ in carrying out the purposes set forth in 
section 2, any agency or instrumentality of the United States 
may sell, loan, lease, or grant property (including interests 
therein) and may perform administrative and technical support 
and services at the request of the Board.\21\ Support and 
services shall be provided on a reimbursable basis. Any 
reimbursement shall be credited to the appropriation from which 
the property, support, or services was derived.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 1465d.
    \20\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
    \21\ Sec. 1324(2) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------
    (b) The Board \21\ may carry out the purposes of section 3 
by means of grants, leases, or contracts (subject to the 
availability of appropriations), or such other means as the 
Board \21\ determines will be most effective.

                         facility compensation

    Sec. 7.\22\ (a) It is the intent of the Congress that the 
Secretary of State should seek prompt and full settlement of 
United States claims against the Government of Cuba arising 
from Cuban interference with broadcasting in the United States. 
Pending the settlement of these claims, it is appropriate to 
provide some interim assistance to the United States 
broadcasters who are adversely affected by Cuban radio 
interference and who seek to assert their right to measures to 
counteract the effects of such interference.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 1465e.
---------------------------------------------------------------------------
    (b) Accordingly, the Board \23\ may make payments to the 
United States radio broadcasting station licensees upon their 
application for expenses which they have incurred before, on or 
after the date of this Act in mitigating, pursuant to special 
temporary authority from the Federal Communications Commission, 
the effects of activities by the Government of Cuba which 
directly interfere with the transmission or reception of 
broadcasts by these licensees. Such expenses shall be limited 
to the costs of equipment replaced \24\ (less depreciation) and 
associated technical and engineering costs.
---------------------------------------------------------------------------
    \23\ Sec. 1324(2) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
    \24\ Sec. 512 of Public Law 98-411 (98 Stat. 1574), moved the 
parenthetical bracket in subsec. (b) from before ``replaced'' to before 
``less''.
---------------------------------------------------------------------------
    (c) The Federal Communications Commission shall issue such 
regulations and establish such procedures for carrying out this 
section as the Federal Communications Commission finds 
appropriate. Such regulations shall be issued no later than one 
hundred and eighty days after enactment of this Act.
    (d) There are authorized to be appropriated to the 
Board,\25\ $5,000,000 for use in compensating United States 
radio broadcasting licensees pursuant to this section. Amounts 
appropriated under this section are authorized to be available 
until expended.
---------------------------------------------------------------------------
    \25\ Sec. 1324(2) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------
    (e) Funds appropriated for implementation of this section 
shall be available for a period of no more than four years 
following the initial broadcast occurring as a result of 
programs described in this Act.
    (f) It is the sense of the Congress that the President 
should establish a task force to analyze the level of 
interference from the operation of Cuban radio stations 
experienced by broadcasters in the United States and to seek a 
practical political and technical solution to this problem.
    (g) This section shall enter into effect on October 1, 
1984.

                    authorization of appropriations

    Sec. 8.\26\ (a) There are authorized to be appropriated for 
the Broadcasting Board of Governors \27\ $14,000,000 for fiscal 
year 1984,\28\ and $11,000,000 for fiscal year 1985 to carry 
out sections 3 and 4 of this Act. The amount obligated by the 
Broadcasting Board of Governors \27\ in ensuing fiscal years 
shall be sufficient to maintain broadcasts to Cuba under this 
Act at rates no less than the fiscal year 1985 level.
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 1465f.
    \27\ Sec. 1324(1) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``United States Information Agency'' and inserted in lieu 
thereof ``Broadcasting Board of Governors''.
    \28\ Sec. 201(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 420), 
provided the following:
    ``(3) Broadcasting to cuba.--For `Broadcasting to Cuba', 
$21,000,000 for the fiscal year 1994 and $27,609,000 for the fiscal 
year 1995.''.
    Authorizations for recent years for radio broadcasting include: 
fiscal year 1986--$11,500,000; fiscal year 1987--$11,700,000; fiscal 
year 1988--$12,652,000; fiscal year 1989--$12,905,000; fiscal year 
1990--$12,700,000; fiscal year 1991--$13,208,000. Recent authorizations 
for Cuba radio and television include: fiscal year 1992--$38,988,000; 
fiscal year 1993--$34,525,000.
    The Department of State Appropriations Act, 2001 (title IV of H.R. 
5548, enacted by reference in sec. 1(a)(2) of Public Law 106-553; 114 
Stat. 2762A-96), provided the following:
---------------------------------------------------------------------------

                         ``broadcasting to cuba
---------------------------------------------------------------------------
    ``For expenses necessary to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the purchase, 
rent, construction, and improvement of facilities for radio and 
television transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and 
reception, $22,095,000, to remain available until expended.''.
    See also ``Administrative Provision Establishing the Advisory Panel 
on Radio Marti and TV Marti'' in Public Law 103-121.
    Recent previous years' appropriations include: fiscal year 1990--
$85,000,000 for radio construction, ``of which not to exceed 
$16,000,000 may be available for the completion of testing and first-
year operations of television broadcasting to Cuba''; fiscal year 
1991--$31,069,000; fiscal year 1992--$36,888,000; fiscal year 1993--
$28,531,000 (for radio and television); fiscal year 1994--$7,000,000 
(for radio and television); fiscal year 1005--$24,809,000 (for radio 
and television); fiscal year 1996--$24,809,000 (for radio and 
television).
    Recent previous years' appropriations include: fiscal year 1990--
$85,000,000 for radio construction, ``of which not to exceed 
$16,000,000 may be available for the completion of testing and first-
year operations of television broadcasting to Cuba''. Subsequent years 
included funding for both radio and television: fiscal year 1991--
$31,069,000; fiscal year 1992--$36,888,000; fiscal year 1993--
$28,531,000; fiscal year 1994--$7,000,000; fiscal year 1005--
$24,809,000; fiscal year 1996--$24,809,000; fiscal year 1997--
$25,000,000; fiscal year 1998--$ 22,095,000; fiscal year 1999--
$22,095,000; and fiscal year 2000--$22,095,000.
---------------------------------------------------------------------------
    (b) In addition to amounts otherwise authorized to be 
appropriated to the Board \29\ for the fiscal years 1984 and 
1985, there are authorized to be appropriated to the Board \29\ 
$54,800,000 for the fiscal year 1984 and $54,800,000 for the 
fiscal year 1985, which amounts shall be available only for 
expenses incurred by essential modernization of the facilities 
and operations of the Voice of America.
---------------------------------------------------------------------------
    \29\ Sec. 1324(2) of the Foreign Affairs Consolidation Act of 1998 
(subdivision A of division G of Public Law 105-277; 112 Stat. 2681-781) 
struck out ``Agency'' and inserted in lieu thereof ``Board''.
---------------------------------------------------------------------------
    (c) Amounts appropriated under this section are authorized 
to be made available until expended.
    Sec. 9.\30\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \30\ Formerly at 22 U.S.C. 1465g. Sec. 139(9) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 398), repealed sec. 9, which had required an 
independent evaluation of Cuba Service programming.
       c. Establishing Advisory Panel on Radio Marti and TV Marti

 Partial text of Public Law 103-121 [Departments of Commerce, Justice, 
and State, the Judiciary and Related Agencies Appropriations Act, 1994; 
     H.R. 2519], 107 Stat. 1153 at 1192, approved October 27, 1993

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of 
Commerce, Justice, and State, the Judiciary, and related 
agencies for the fiscal year ending September 30, 1994, and for 
other purposes, namely:
          * * * * * * *

           TITLE V--DEPARTMENT OF STATE AND RELATED AGENCIES

          * * * * * * *

                            RELATED AGENCIES

          * * * * * * *

                  United States Information Agency \1\

          * * * * * * *
---------------------------------------------------------------------------
    \1\ Subsequently, sec. 1311 of the of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-776) abolished the United States Information 
Agency (other than the Broadcasting Board of Governors and the 
International Broadcasting Bureau), and sec. 1312(a) of that Act 
``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 office or component of such agency, 
under any statute, as of the day before the effective date of this 
title.''. See also secs. 1301 and 1601 of that Act to determine date of 
effectiveness.
---------------------------------------------------------------------------

administrative provision establishing the advisory panel on radio marti 
                              and tv marti

    (a) Establishment.--There is established an advisory panel 
to be known as the Advisory Panel on Radio Marti and TV Marti 
(in this section referred to as the ``Panel'').
    (b) Functions.--The Panel shall study the purposes, 
policies, and practices of radio and television broadcasting to 
Cuba (commonly referred to as ``Radio Marti'' and ``TV Marti'') 
by the Cuba Service of the Voice of America.
    (c) Report.--Not later than 90 days after the date on which 
the members of the Panel have been appointed pursuant to 
subsection (d), the Panel shall submit to the Congress and the 
United States Information Agency (USIA) a report which shall 
contain--
          (1) a statement of the findings and conclusions of 
        the Panel on the matters described in subsection (b); 
        and
          (2) specific findings and recommendations with 
        respect to whether--
                  (A) such broadcasting consistently meets the 
                standards for quality and objectivity 
                established by law or by the United States 
                Information Agency;
                  (B) such broadcasting is cost-effective;
                  (C) the extent to which such broadcasting is 
                already being received by the Cuban people on a 
                daily basis from credible sources; and
                  (D) TV Marti broadcasting is technically 
                sound and effective and is consistently being 
                received by a sufficient Cuban audience to 
                warrant its continuation.
    (d) Composition.--(1) The Panel shall be composed of three 
members, who shall among them have expertise in government 
information and broadcasting programs, broadcast journalism, 
journalistic ethics, and the technical aspects of radio and 
television broadcasting.
    (2) The Director of the United States Information Agency 
shall appoint the members of the Panel not later than 30 days 
after the date of the enactment of this Act. Individuals 
appointed to the Panel shall be noted for their integrity, 
expertise, and independence of judgment consistent with the 
purposes of the Panel.
    (3) Each member of the Panel shall be appointed for the 
life of the Panel. A vacancy in the Panel shall be filled in 
the manner in which the original appointment was made.
    (4) Each member of the Panel shall serve without pay, 
except that such member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
sections 5702 and 5703 of title 5, United States Code.
    (e) Temporary Personnel.--(1) The Panel may procure 
temporary and intermittent services under section 3109(b) of 
title 5, United States Code (relating to employment of experts 
and consultants), at rates for individuals not to exceed the 
maximum rate of basic pay payable for GS-15 of the General 
Schedule.
    (2) Upon request of the Panel, the head of any Federal 
agency may detail, on a reimbursable basis, any of the 
personnel of the agency to the Panel to assist it in carrying 
out its duties under this section.
    (3) Support Services.--The United States Information Agency 
shall provide facilities, supplies, and support services to the 
Panel upon request.
    (f) Termination.--The Panel shall terminate immediately 
upon submitting its report pursuant to subsection (c).
          * * * * * * *
  20. Establishing a Commission on Security and Cooperation in Europe

 Public Law 94-304 [S. 2679], 90 Stat. 661, approved June 3, 1976; as 
  amended by Public Law 94-534 [H.R. 15813], 90 Stat. 2495, approved 
 October 17, 1976; Public Law 95-426 [Foreign Relations Authorization 
   Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 992, approved 
 October 7, 1978; Public Law 96-60 [Department of State Authorization 
   Act, Fiscal Years 1980 and 1981; H.R. 3363], 93 Stat. 395 at 403, 
   approved August 15, 1979; Public Law 99-7 [S. 592], 99 Stat. 19, 
    approved March 27, 1985; Public Law 99-190 [Further Continuing 
 Appropriations, Fiscal Year 1986; H.R. 465], 99 Stat. 1322, approved 
December 19, 1985; Public Law 102-138 [Foreign Relations Authorization 
 Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved 
 October 28, 1991; and by Public Law 104-186 [House of Representatives 
Administrative Reform Technical Corrections Act; H.R. 2739], 110 Stat. 
                     1718, approved August 20, 1996

AN ACT To establish a Commission on Security and Cooperation in Europe.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,\1\ That 
there is established the Commission on Security and Cooperation 
in Europe (hereafter in this Act referred to as the 
``Commission'').
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3001. Sec. 422 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 457) 
provided the following:
    ``sec. 422. conference on security and cooperation in europe.
    ``The President is authorized to implement, for the United States, 
the provisions of Annex 1 of the Decision concerning Legal Capacity and 
Privileges and Immunities, issued by the Council of Ministers of the 
Conference on Security and Cooperation in Europe on December 1, 1993, 
in accordance with the terms of that Annex.''.
---------------------------------------------------------------------------
    Sec. 2.\2\ The Commission is authorized and directed to 
monitor the acts of the signatories which reflect compliance 
with or violation of the articles of the Final Act of the 
Conference on Security and Cooperation in Europe, with 
particular regard to the provisions relating to human rights 
and \3\ Cooperation in Humanitarian Fields. The Commission is 
further authorized and directed to monitor and encourage the 
development of programs and activities of the United States 
Government and private organizations with a view toward taking 
advantage of the provisions of the Final Act to expand East-
West economic cooperation and a greater interchange of people 
and ideas between East and West.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 3002.
    \3\ The words ``human rights and'' were added by sec. 2 of Public 
Law 99-7 (99 Stat. 18).
---------------------------------------------------------------------------
    Sec. 3.\4\ (a) The Commission shall be composed of twenty-
one members as follows:
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3003. Sec. 3 was amended and restated by secs. (1)(a) 
and (b) of Public Law 99-7, (99 Stat. 18). It previously read as 
follows:
    ``Sec. 3. The Commission shall be composed of fifteen members as 
follows:
---------------------------------------------------------------------------

          ``(1) Six Members of the House of Representatives appointed 
        by the Speaker of the House of Representatives. Four members 
        shall be selected from the majority party and two shall be 
        selected, after consultation with the minority leader of the 
        House, from the minority party. The Speaker shall designate one 
        of the House Members as chairman.
          ``(2) Six Members of the Senate appointed by the President of 
        the Senate. Four members shall be selected from the majority 
        party and two shall be selected, after consultation with the 
        minority leader of the Senate, from the minority party.
          ``(3) One member of the Department of State appointed by the 
        President of the United States.
          ``(4) One member of the Defense Department appointed by the 
        President of the United States.
          ``(5) One member of the Commerce Department appointed by the 
        President of the United States.''.
          (1) Nine Members of the House of Representatives 
        appointed by the Speaker of the House of 
        Representatives. Five Members shall be selected from 
        the majority party and four Members shall be selected, 
        after consultation with the minority leader of the 
        House, from the minority party.
          (2) Nine Members of the Senate appointed by the 
        President of the Senate. Five Members shall be selected 
        from the majority party of the Senate, after 
        consultation with the majority leader, and four Members 
        shall be selected, after consultation with the minority 
        leader of the Senate, from the minority party.
          (3) One member of the Department of State appointed 
        by the President of the United States.
          (4) One member of the Department of Defense appointed 
        by the President of the United States.
          (5) One member of the Department of Commerce 
        appointed by the President of the United States.
    (b) There shall be a Chairman and a Cochairman of the 
Commission.
    (c) \5\ At the beginning of each odd-numbered Congress, the 
President of the Senate, on the recommendation of the majority 
leader, shall designate one of the Senate Members as Chairman 
of the Commission. At the beginning of each even-numbered 
Congress, the Speaker of the House of Representatives shall 
designate one of the House Members as Chairman of the 
Commission.
---------------------------------------------------------------------------
    \5\ Sec. 6(b)(1) of Public Law 99-7 (99 Stat. 14), provided that 
the provisions of sec. 3(c) and (d) shall take effect on the first day 
of the One Hundredth Congress. Sec. 3(c) of Public Law 99-7 (99 Stat. 
18) further stated:
    ``On the effective date of this subsection, the President of the 
Senate, on the recommendation of the majority leader, shall designate 
one of the Senate Members to serve as Chairman of the Commission for 
the duration of the Ninety-ninth Congress, and the Speaker of the House 
of Representatives shall designate one of the House Members to serve as 
Cochairman of the Commission for the duration of the Ninety-ninth 
Congress.''.
---------------------------------------------------------------------------
    (d) \5\ At the beginning of each odd-numbered Congress, the 
Speaker of the House of Representatives shall designate one of 
the House Members as Cochairman of the Commission. At the 
beginning of each even-numbered Congress, the President of the 
Senate, on the recommendation of the majority leader, shall 
designate one of the Senate Members as Cochairman of the 
Commission.
    Sec. 4.\6\ In carrying out this Act, the Commission may 
require, by subpena or otherwise, the attendance and testimony 
of such witnesses and the production of such books, records, 
correspondence, memorandums, papers, and documents as it deems 
necessary. Subpenas may be issued over the signature of the 
Chairman of the Commission or any member designated by him, and 
may be served by any person designated by the Chairman or such 
member. The Chairman of the Commission, or any member 
designated by him, may administer oaths to any witness.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 3004.
---------------------------------------------------------------------------
    Sec. 5.\7\ In order to assist the Commission in carrying 
out its duties, the President shall submit to the Commission an 
annual \8\ report,\9\ which shall include (1) a detailed survey 
of actions by the signatories of the Final Act reflecting 
compliance with or violation of the provisions of the Final 
Act, and (2) a listing and description of present or planned 
programs and activities of the appropriate agencies of the 
executive branch and private organizations aimed at taking 
advantage of the provisions of the Final Act to expand East-
West economic cooperation and to promote a greater interchange 
of people and ideas between East and West.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 3005. In a memorandum of February 10, 1992, for the 
Secretary of State, the President delegated functions in this section 
to the Secretary (57 F.R. 5367).
    \8\ Sec. 171(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), struck out ``a 
semiannual'' and inserted in lieu thereof ``an annual''.
    \9\ Sec. 171(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), struck out 
``the first one to be submitted six months after the date of enactment 
of this Act'' from this point [two commas following ``report'' were not 
struck out by the amendment].
---------------------------------------------------------------------------
    Sec. 6.\10\ The Commission is authorized and directed to 
report to the House of Representatives and the Senate with 
respect to the matters covered by this Act on a periodic basis 
and to provide information to Members of the House and Senate 
as requested. For each fiscal year for which an appropriation 
is made the Commission shall submit to Congress a report on its 
expenditures under such appropriation.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 3006.
---------------------------------------------------------------------------
    Sec. 7.\11\ (a)(1) \12\ There are authorized to be 
appropriated to the Commission for each fiscal year such sums 
as may be necessary to enable it to carry out its duties and 
functions. Appropriations to the Commission are authorized to 
remain available until expended.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 3007(a). See sec. 102 of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 
Stat. 19) for current authorization and restrictions.
    Title V of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2001 (H.R. 5548, 
enacted by reference in sec. 1(a)(2) of Public Law 106-553; 114 Stat. 
2762A-99), provided the following:
---------------------------------------------------------------------------

           ``Commission on Security and Cooperation in Europe

                        ``salaries and expenses
---------------------------------------------------------------------------
    ``For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $1,370,000, 
to remain available until expended as authorized by section 3 of Public 
Law 99-7.''.
    \12\ Secs. 7(a)(1) and (2) were amended and restated by Public Law 
99-7 (99 Stat. 18). Previously, sec. 702 of Public Law 95-426 
authorized $550,000 to assist in meeting the expenses of the 
Commission. This latter authorization replaced a previous one of 
$350,000.
---------------------------------------------------------------------------
    (2) \12\ Appropriations to the Commission shall be 
disbursed on vouchers approved--
          (A) jointly by the Chairman and the Cochairman, or
          (B) by a majority of the members of the personnel and 
        administration committee established pursuant to 
        section 8(a).
    (b) \13\ For purposes of section 502(b) of the Mutual 
Security Act of 1954, the Commission shall be deemed to be a 
standing committee of the Congress and shall be entitled to use 
of funds in accordance with such sections.
---------------------------------------------------------------------------
    \13\ Subsec. (b) was added by Public Law 94-534.
---------------------------------------------------------------------------
    (c) \14\ Not to exceed $6,000 of the funds appropriated to 
the Commission for each fiscal year may be used for official 
reception and representational expenses.
---------------------------------------------------------------------------
    \14\ Subsec. (c) was added by sec. 401 of the Department of State 
Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 
Stat. 403).
---------------------------------------------------------------------------
    (d) \15\ Foreign travel for official purposes by Commission 
members and staff may be authorized by either the Chairman or 
the Cochairman.
---------------------------------------------------------------------------
    \15\ Subsec. (d) was added by sec. 4 of Public Law 99-7 (99 Stat. 
18).
---------------------------------------------------------------------------
    Sec. 8.\16\ (a) The Commission shall have a personnel and 
administration committee composed of the Chairman, the 
Cochairman, the senior Commission member from the minority 
party in the House of Representatives, and the senior 
Commission member from the minority party in the Senate.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 3008. Sec. 8 was amended and restated by sec. 5 of 
Public Law 99-7 (99 Stat. 18). It previously read as follows:
    ``Sec. 8. The Commission may appoint and fix the pay of such staff 
personnel as it deems desirable, without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service, and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and general schedule pay rates.''.
---------------------------------------------------------------------------
    (b) All decisions pertaining to the hiring, firing, and 
fixing of pay of Commission staff personnel shall be by a 
majority vote of the personnel and administration committee, 
except that--
          (1) the Chairman shall be entitled to appoint and fix 
        the pay of the staff director, and the Cochairman shall 
        be entitled to appoint and fix the pay of his senior 
        staff person; and
          (2) the Chairman and Cochairman each shall have the 
        authority to appoint, with the approval of the 
        personnel and administration committee, at least four 
        professional staff members who shall be responsible to 
        the Chairman or the Cochairman (as the case may be) who 
        appointed them.
The personnel and administration committee may appoint and fix 
the pay of such other staff personnel as it deems desirable.
    (c) All staff appointments shall be made without regard to 
the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and general schedule 
pay rates.
    (d) \17\ (1) For purposes of pay and other employment 
benefits, rights, and privileges and for all other purposes, 
any employee of the Commission shall be considered to be a 
congressional employee as defined in section 2107 of title 5, 
United States Code.
---------------------------------------------------------------------------
    \17\ Sec. 6(b)(2) of Public Law 99-7 (99 Stat. 14) provided that 
subsec. (d) shall be effective as of June 3, 1976.
---------------------------------------------------------------------------
    (2) For purposes of section 3304(c)(1) of title 5, United 
States Code, staff personnel of the Commission shall be 
considered as if they are in positions in which they are paid 
by the Secretary of the Senate or the Chief Administrative 
Officer \18\ of the House of Representatives.
---------------------------------------------------------------------------
    \18\ Sec. 218(3) of Public Law 104-186 (110 Stat. 1747) struck out 
``Clerk'' and inserted in lieu thereof ``Chief Administrative 
Officer''.
---------------------------------------------------------------------------
    (3) The provisions of paragraphs (1) and (2) of this 
subsection shall be effective as of June 3, 1976.
    Sec. 9.\19\ For purposes of costs relating to printing and 
binding, including the costs of personnel detailed from the 
Government Printing Office, the Commission shall be deemed to 
be a committee of the Congress.
---------------------------------------------------------------------------
    \19\ Sec. 9 was added by sec. 134 of the Further Continuing 
Appropriations Act, Fiscal Year 1986 (Public Law 99-190; 99 Stat. 
1322).
---------------------------------------------------------------------------
=======================================================================



 
                    F. ARMS CONTROL AND DISARMAMENT

                                CONTENTS

                                                                   Page

    1. Arms Control and Disarmament Act, as amended (Public Law 87-1547
    2. Arms Control and Disarmament Authorization--Prior Years.....1570
      a. Arms Control and Nonproliferation Act of 1999 (Public 
          Law 106-113) (partial text)............................  1570
      b. Arms Control and Disarmament Agency--Fiscal Year 1999 
          Authorization (Public Law 105-277) (partial text)......  1575
      c. Arms Control and Nonproliferation Act of 1994 (Public 
          Law 103-236)...........................................  1576
      d. Arms Control and Disarmament Act Authorization for 
          Fiscal Years 1990 and 1991 (Public Law 101-216) 
          (partial text).........................................  1578
      e. Arms Control and Disarmament Act Authorization for 
          Fiscal Years 1988 and 1989 (Public Law 100-213) 
          (partial text).........................................  1580
      f. Arms Control and Disarmament Act Authorization for 
          Fiscal Years 1986 and 1987 (Public Law 99-93) (partial 
          text)..................................................  1582
    3. Cooperative Threat Reduction................................1586
      a. Cooperative Threat Reduction, Fiscal Year 2001 (Public 
          Law 106-398) (partial text)............................  1586
      b. Cooperative Threat Reduction Appropriations, 2001 
          (Public Law 106-259) (partial text)....................  1594
      c. Cooperative Threat Reduction, Fiscal Year 2000 (Public 
          Law 106-65) (partial text).............................  1595
      d. Cooperative Threat Reduction, Fiscal Year 1999 (Public 
          Law 105-261) (partial text)............................  1601
      e. Cooperative Threat Reduction, Fiscal Year 1998 (Public 
          Law 105-85) (partial text).............................  1609
      f. Cooperative Threat Reduction, Fiscal Year 1997 (Public 
          Law 104-201) (partial text)............................  1615
      g. Cooperative Threat Reduction, Fiscal Year 1996 (Public 
          Law 104-106) (partial text)............................  1619
      h. Cooperative Threat Reduction, Fiscal Year 1995 (Public 
          Law 103-337) (partial text)............................  1625
      i. Cooperative Threat Reduction Act of 1993 (Public Law 
          103-160) (partial text)................................  1632
      j. Freedom For Russia and Emerging Eurasian Democracies and 
          Open Markets Support Act of 1992 (FREEDOM Support Act) 
          (Public Law 102-511) (partial text)....................  1640
      k. Former Soviet Union Demilitarization Act of 1992 (Public 
          Law 102-484) (partial text)............................  1651
      l. Conventional Forces in Europe Treaty Implementation Act 
          of 1991 (Public Law 102-228) (partial text)............  1655
      m. Soviet Nuclear Threat Reduction--Appropriations, Fiscal 
          Year 1992 (Public Law 102-229) (partial text)..........  1663
    4. Nonproliferation of Weapons of Mass Destruction.............1668
      a. Iran Nonproliferation Act of 2000 (Public Law 106-178)..  1668
      b. National Security and Corporate Fairness Under the 
          Biological Weapons Convention Act (Public Law 106-113) 
          (partial text).........................................  1676
      c. Proliferation Prevention Enhancement Act of 1999 (Public 
          Law 106-113) (partial text)............................  1683
      d. National Missile Defense Act of 1999 (Public Law 106-38)  1687
      e. Chemical Weapons Convention Implementation Act of 1998 
          (Public Law 105-277) (partial text)....................  1688
      f. Defense Against Weapons of Mass Destruction Act of 1998 
          (Public Law 105-261) (partial text)....................  1721
      g. Combatting Proliferation of Weapons of Mass Destruction 
          Act of 1996 (Public Law 104-293) (partial text)........  1725
      h. Defense Against Weapons of Mass Destruction Act of 1996 
          (Public Law 104-201) (partial text)....................  1731
      i. Nuclear Proliferation Prevention Act of 1994 (Public Law 
          103-236) (partial text)................................  1748
      j. Weapons of Mass Destruction Control Act of 1992 (Public 
          Law 102-484) (partial text)............................  1760
      k. Iran-Iraq Arms Nonproliferation Act of 1992 (Public Law 
          102-484) (partial text)................................  1767
      l. Chemical and Biological Weapons Control and Warfare 
          Elimination Act of 1991 (Public Law 102-182) (partial 
          text)..................................................  1772
      m. Executive Orders Concerning Nonproliferation of Weapons 
          of Mass Destruction....................................  1782
            (1) Renunciation of Certain Uses in War of Chemical 
                Herbicides and Riot Control Agents (Executive 
                Order 11850).....................................  1782
            (2) Administration of Proliferation Sanctions, Middle 
                East Arms Control, and Related Congressional 
                Reporting Responsibilities (Executive Order 
                12851)...........................................  1784
            (3) Proliferation of Weapons of Mass Destruction 
                (Executive Order 12938)..........................  1788
            (4) Implementation of the Chemical Weapons Convention 
                and the Chemical Weapons Convention 
                Implementation Act (Executive Order 13128).......  1793
      n. Nuclear Non-Proliferation Act of 1978 and Related 
          Materials..............................................  1795
            (1) Nuclear Non-Proliferation Act of 1978 (Public Law 
                95-242) (partial text)...........................  1795
            (2) Functions Relating to Nuclear Non-Proliferation 
                (Executive Order 12058)..........................  1812
            (3) Export of Nuclear Material.......................  1814
                 (A) U.S. Exports of Low-Enriched Uranium Fuel 
                    (Public Law 96-280)..........................  1814
                 (B) Export of Special Nuclear Material and 
                    Components to India (Executive Order 12218)..  1815
                 (C) Export of Special Nuclear Material to India 
                    (Executive Order 12055)......................  1816
            (4) Department of Energy Act of 1978--Civilian 
                Applications (Public Law 95-238) (partial text)..  1817
      o. Atomic Energy Act of 1954 and Related Materials.........  1819
            (1) Atomic Energy Act of 1954, as amended (Public Law 
                83-703) (partial text)...........................  1819
            (2) North Korea Threat Reduction Act of 1999 (Public 
                Law 106-113) (partial text)......................  1883
            (3) USEC Privatization Act (Public Law 104-134) 
                (partial text)...................................  1885
            (4) Establishment of the Enrichment Oversight 
                Committee (Executive Order 13085)................  1893
            (5) EURATOM Cooperation Act of 1958, as amended 
                (Public Law 85-846)..............................  1897
            (6) Agreement for Nuclear Cooperation Between the 
                United States and China (Public Law 99-183)......  1902
            (7) International Atomic Energy Agency Participation 
                Act of 1957, as amended (Public Law 85-177) 
                (partial text)...................................  1904
      p. Executive Orders Concerning International Atomic Energy 
          Cooperation............................................  1909
            (1) Authorization for the Communication of Restricted 
                Data by the Department of State (Executive Order 
                11057)...........................................  1909
            (2) Authorization for the Communication of Restricted 
                Data by the Central Intelligence Agency 
                (Executive Order 10899)..........................  1910
            (3) Providing for the Carrying Out of Certain 
                Provisions of the Atomic Energy Act of 1954, as 
                Amended, Relating to International Cooperation 
                (Executive Order 10841, as amended)..............  1911
    5. Arms Control and Nonproliferation Provisions in National Defense 
    Authorization Acts.............................................1913
      a. Floyd D. Spence National Defense Authorization Act for 
          Fiscal Year 2001 (Public Law 106-398) (partial text)...  1913
      b. National Defense Authorization Act for Fiscal Year 2000 
          (Public Law 106-65) (partial text).....................  1916
      c. Strom Thurmond National Defense Authorization Act for 
          Fiscal Year 1999 (Public Law 105-261) (partial text)...  1928
      d. National Defense Authorization Act for Fiscal Year 1998 
          (Public Law 105-85) (partial text).....................  1941
      e. National Defense Authorization Act for Fiscal Year 1997 
          (Public Law 104-201) (partial text)....................  1954
      f. National Defense Authorization Act for Fiscal Year 1996 
          (Public Law 104-106) (partial text)....................  1968
      g. National Defense Authorization Act for Fiscal Year 1995 
          (Public Law 103-337) (partial text)....................  1974
      h. National Defense Authorization Act for Fiscal Year 1994 
          (Public Law 103-160) (partial text)....................  1980
      i. National Defense Authorization Act for Fiscal Year 1993 
          (Public Law 102-484) (partial text)....................  1995
      j. National Defense Authorization Act for Fiscal Years 1992 
          and 1993 (Public Law 102-190) (partial text)...........  2003
      k. National Defense Authorization Act for Fiscal Year 1991 
          (Public Law 101-510) (partial text)....................  2006
      l. National Defense Authorization Act for Fiscal Years 1990 
          and 1991 (Public Law 101-189) (partial text)...........  2011
      m. National Defense Authorization Act, Fiscal Year 1989 
          (Public Law 100-456) (partial text)....................  2023
      n. National Defense Authorization Act for Fiscal Years 1988 
          and 1989 (Public Law 100-180) (partial text)...........  2023
      o. Department of Defense Authorization Act, 1987 (Public 
          Law 99-661) (partial text).............................  2037
      p. Department of Defense Authorization Act, 1986 (Public 
          Law 99-145) (partial text).............................  2041
      q. Department of Defense Authorization Act, 1985 (Public 
          Law 98-525) (partial text).............................  2046
=======================================================================

            1. Arms Control and Disarmament Act, as amended

                                CONTENTS

                                                                   Page

Title I--Short Title, Purpose, and Definitions...................  1549
    Section 101--Short Title.....................................  1549
    Section 102--Purpose.........................................  1549
    Section 103--Definitions.....................................  1551
Title II--Special Representatives and Visiting Scholars..........  1552
    Section 201--Presidential Special Representatives............  1552
    Section 202--Program for Visiting Scholars...................  1552
Title III--Functions.............................................  1553
    Section 301--Research........................................  1553
    Section 302--Patents.........................................  1554
    Section 303--Policy Formulation..............................  1555
    Section 304--Negotiation Management..........................  1556
    Section 305--Arms Control Information........................  1557
    Section 306--Verification of Arms Compliance.................  1558
    Section 307--Negotiating Records.............................  1559
    Section 308--Comprehensive Compilation of Arms Control and 
      Disarmament Studies........................................  1559
Title IV--General Provisions.....................................  1559
    Section 401--General Authority...............................  1559
    Section 402--Dual Compensation Laws..........................  1562
    Section 403--Annual Report to Congress.......................  1563
    Section 404--Public Annual Report on World Military 
      Expenditures and Arms Transfers............................  1566
Title V--On-Site Inspection Activities...........................  1566
    Section 501--Findings........................................  1566
    Section 502--Policy Coordination Concerning Implementation of 
      On-Site Inspection Provisions..............................  1567
    Section 503--Improving Congressional Oversight of On-Site 
      Inspection Activities......................................  1568
    Section 504--Definitions.....................................  1568
            1. Arms Control and Disarmament Act, as amended

  Public Law 87-297 [H.R. 9118], 75 Stat. 631, approved September 26, 
1961, as amended by Public Law 88-186 [S. 777], 77 Stat. 341, approved 
   November 26, 1963; Public Law 88-426 [H.R. 11049], 78 Stat. 400, 
approved August 14, 1964; Public Law 88-448 [H.R. 7381], 78 Stat. 484, 
 approved August 19, 1964; Public Law 89-27 [H.R. 2998], 79 Stat. 118, 
 approved May 27, 1965; Public Law 90-314 [H.R. 14940], 82 Stat. 129, 
   approved May 23, 1968; Public Law 91-246 [S. 3544], 84 Stat. 270, 
 approved May 12, 1970; Public Law 92-352 [H.R. 14734], 86 Stat. 489, 
 approved July 13, 1972; Public Law 93-332 [H.R. 12799], 88 Stat. 289, 
   approved July 8, 1974; Public Law 94-141 [S. 1517], 89 Stat. 756, 
  approved November 29, 1975; Public Law 95-108 [H.R. 6179], 91 Stat. 
871, approved August 17, 1977; Public Law 95-338 [H.R. 11832], 92 Stat. 
 458, approved August 8, 1978; Public Law 96-66 [H.R. 2774], 93 Stat. 
  414, approved September 21, 1979; Public Law 96-465 [H.R. 6790], 94 
Stat. 2071 at 2159, approved October 17, 1980; Public Law 97-339 [H.R. 
  3467], 96 Stat. 1635, approved October 15, 1982; Public Law 98-202 
[H.R. 2906], 97 Stat. 1381, approved December 2, 1983; Public Law 99-93 
[H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-550 
[H.R. 3641], 100 Stat. 3067, approved October 27, 1986; Public Law 100-
213 [H.R. 2689], 101 Stat. 1444, approved December 24, 1987; Public Law 
101-216 [H.R. 1495], 103 Stat. 1853, approved December 11, 1989; Public 
 Law 102-228 [H.R. 3807], 105 Stat. 1691, approved December 12, 1991; 
 Public Law 103-199 [H.R. 3000], 107 Stat. 2317, approved December 17, 
1993; Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30, 
1994; Public Law 105-277 [H.R. 4328], 112 Stat. 2681, approved October 
21, 1998; and Public Law 106-113 [H.R. 3194], 113 Stat. 1501, approved 
                           November 29, 1999

   AN ACT To establish a United States Arms Control and Disarmament 
                                Agency.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

             TITLE I--SHORT TITLE, PURPOSE, AND DEFINITIONS

                              short title

    Section 101.\1\ This Act may be cited as the ``Arms Control 
and Disarmament Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2551 note. Redesignated from sec. 1 by sec. 1223(21) 
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision 
A of division G of Public Law 105-277; 112 Stat. 2681-772).
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                                purpose

    Sec. 102.\2\ An ultimate goal of the United States is a 
world which is free from the scourge of war and the dangers and 
burdens of armaments; in which the use of force has been 
subordinated to the rule of law; and in which international 
adjustments to a changing world are achieved peacefully. It is 
the purpose of this Act to provide impetus toward this goal by 
addressing \3\ the problem of reduction and control of 
armaments looking toward ultimate world disarmament.\4\
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    \2\ 22 U.S.C. 2551. Redesignated from sec. 2 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772).
    \3\ Sec. 1223(1)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-768) struck out ``creating a new agency of peace to deal 
with'' and inserted in lieu thereof ``addressing''.
    \4\ Sec. 1223(1)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-768) struck out an undesignated para. following this para., 
which read as follows:
    ``Arms control, nonproliferation, and disarmament policy, being an 
important aspect of foreign policy, must be consistent with national 
security policy as a whole. The formulation and implementation of 
United States arms control, nonproliferation, and disarmament policy in 
a manner which will promote the national security can best be insured 
by a central organization charged by statute with primary 
responsibility for this field. This organization must have such a 
position within the Government that it can provide the President, the 
Secretary of State, other officials of the executive branch, and the 
Congress with recommendations concerning United States arms control, 
nonproliferation, and disarmament policy, and can assess the effect of 
these recommendations upon our foreign policies, our national security 
policies, and our economy.''.
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    The Secretary of State \5\ must have the capacity to 
provide the essential scientific, economic, political, 
military, psychological, and technological information upon 
which realistic arms control, nonproliferation,\6\ and 
disarmament policy must be based. The Secretary shall have the 
authority, under the direction of the President,\7\ to carry 
out the following primary functions: \8\
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    \5\ Sec. 1223(1)(C)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-768) struck out ``This organization'' and 
inserted in lieu thereof ``The Secretary of State''.
    \6\ Sec. 719(a)(2) of Public Law 103-236 (108 Stat. 501) inserted 
``, nonproliferation'' after ``arms control''.
    \7\ Sec. 144 of Public Law 94-141 struck out ``It must be able'' 
and inserted ``It shall have the authority, under the direction of the 
President and the Secretary of State,''. Sec. 1223(1)(C)(ii) of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768) subsequently 
struck out ``It shall have'' and inserted in lieu thereof ``The 
Secretary shall have'', and struck out ``and the Secretary of State'' 
following ``under the direction of the President''.
    \8\ Sec. 703 of Public Law 103-236 (108 Stat. 491) struck paras. 
(a) through (d) and inserted in lieu thereof paras. (1) through (5). 
Paragraphs (a) through (d) had read as follows:
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          ``(a) The conduct, support, and coordination of research for 
        arms control and disarmament policy formulation;
          ``(b) The preparation for and management of United States 
        participation in international negotiations in the arms control 
        and disarmament field;
          ``(c) The dissemination and coordination of public 
        information concerning arms control and disarmament; and
          ``(d) The preparation for, operation of, or as appropriate, 
        direction of United States participation in such control 
        systems as may become part of United States arms control and 
        disarmament activities.''.
          (1) The preparation for and management of United 
        States participation in international negotiations and 
        implementation fora in the arms control, 
        nonproliferation,\9\ and disarmament field.
---------------------------------------------------------------------------
    \9\ Sec. 1223(1)(C)(iv) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-768) inserted ``, nonproliferation,'' after 
``arms control''.
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          (2) \10\ The conduct, support, and coordination of 
        research for arms control, nonproliferation, and 
        disarmament policy formulation.
---------------------------------------------------------------------------
    \10\ Sec. 1223(1)(C)(v) and (vi) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-768, 769) struck out para. (2) and redesignated 
paras. (3) through (5) as paras. (2) through (4). Former para. (2) read 
as follows:
    ``(2) When directed by the President, the preparation for, and 
management of, United States participation in international 
negotiations and implementation fora in the nonproliferation field.''.
---------------------------------------------------------------------------
          (3) \10\ The preparation for, operation of, or \11\ 
        direction of, United States participation in such 
        control systems as may become part of United States 
        arms control, nonproliferation, and disarmament 
        activities.
---------------------------------------------------------------------------
    \11\ Sec. 1223(1)(C)(vii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-769) struck out ``, as appropriate,'' following 
``operation of, or''.
---------------------------------------------------------------------------
          (4) \10\ The dissemination and coordination of public 
        information concerning arms control, nonproliferation, 
        and disarmament.

                              definitions

    Sec. 103.\12\ As used in this Act--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2552. Redesignated from sec. 3 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). Sec. 1223(2) 
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision 
A of division G of Public Law 105-277; 112 Stat. 2681-769) struck out 
subsec. (c) to this sec., which had provided the following:
    ``(c) The term `Agency' means the United States Arms Control and 
Disarmament Agency.''.
---------------------------------------------------------------------------
          (a) The terms ``arms control'' and ``disarmament'' 
        mean the identification, verification, inspection, 
        limitation, control, reduction, or elimination, of 
        armed forces and armaments of all kinds under 
        international agreement including the necessary steps 
        taken under such an agreement to establish an effective 
        system of international control, or to create and 
        strengthen international organizations for the 
        maintenance of peace.
          (b) The term ``Government agency'' means any 
        executive department, commission, agency, independent 
        establishment, corporation wholly or partly owned by 
        the United States which is an instrumentality of the 
        United States, or any board, bureau, division, service, 
        office, officer, authority, administration, or other 
        establishment in the executive branch of Government.

      TITLE II--SPECIAL REPRESENTATIVES AND VISITING SCHOLARS \13\

    Sec. 21.\14\ [Repealed--1998]
---------------------------------------------------------------------------
    \13\ Sec. 1223(3) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-769) struck out ``ORGANIZATION'' and inserted in lieu thereof 
``SPECIAL REPRESENTATIVES AND VISITING SCHOLARS''.
    \14\ Formerly at 22 U.S.C. 2561. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
establishment of the Arms Control and Disarmament Agency.
---------------------------------------------------------------------------
    Sec. 22.\15\ [Repealed--1998]
---------------------------------------------------------------------------
    \15\ Formerly at 22 U.S.C. 2562. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
appointment and duties of the Director.
---------------------------------------------------------------------------
    Sec. 23.\16\ [Repealed--1998]
---------------------------------------------------------------------------
    \16\ Formerly at 22 U.S.C. 2563. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
appointment and duties of the Deputy Director.
---------------------------------------------------------------------------
    Sec. 24.\17\ [Repealed--1998]
---------------------------------------------------------------------------
    \17\ Formerly at 22 U.S.C. 2564. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
appointment and duties of four Assistant Directors.
---------------------------------------------------------------------------
    Sec. 25.\18\ [Repealed--1998]
---------------------------------------------------------------------------
    \18\ Formerly at 22 U.S.C. 2565. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to 
bureaus, office, and divisions within ACDA.
---------------------------------------------------------------------------
    Sec. 26.\19\ [Repealed--1998]
---------------------------------------------------------------------------
    \19\ Formerly at 22 U.S.C. 2566. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). As amended, 
pertained to establishment of a Scientific and Policy Advisory 
Committee.
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                  presidential special representatives

    Sec. 201.\20\ The President may appoint, by and with the 
advice and consent of the Senate, Special Representatives of 
the President for arms control, nonproliferation, and 
disarmament matters. Each Presidential Special Representative 
shall hold the rank of ambassador.\21\ Presidential Special 
Representatives appointed under this section shall perform 
their duties and exercise their powers under the direction of 
the President and the Secretary of State.\22\ The Department of 
State \23\ shall be the Government agency responsible for 
providing administrative support, including funding, staff, and 
office space, to all Presidential Special Representatives.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 2567. Redesignated from sec. 27 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). This section, 
originally added by sec. 2(a) of Public Law 95-108, and amended by sec. 
103(a) of Public Law 101-216, was amended and restated by sec. 708(a) 
of Public Law 103-236 (108 Stat. 493). Sec. 708(b) of that Act amended 
5 U.S.C. 5315, which established the compensation of Special 
Representatives at level IV of the Executive Schedule, to remove the 
limitation of two on the number of such representatives. The rate of 
compensation for level IV is set at $122,400 per annum by Schedule 5 of 
Executive Order 13144 (December 21, 1999; 64 F.R. 72237).
    \21\ Sec. 1223(4)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out a third sentence at this point that had read 
as follows:
    ``One such Representative may serve in the Agency as Chief Science 
Advisor.''.
    \22\ Sec. 1223(4)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``, acting through the Director'' at this 
point.
    \23\ Sec. 1223(4(C) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof 
``Department of State''.
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                     program for visiting scholars

    Sec. 202.\24\ A program for visiting scholars in the fields 
of arms control, nonproliferation, and disarmament \25\ shall 
be established by the Secretary of State \26\ in order to 
obtain the services of scholars from the faculties of 
recognized institutes of higher learning. The purpose of the 
program will be to give specialists in the physical sciences 
and other disciplines relevant to the Department of State's 
\27\ activities an opportunity for active participation in the 
arms control, nonproliferation,\28\ and disarmament activities 
of the Department of State \27\ and to gain for the Department 
of State \27\ the perspective and expertise such persons can 
offer. Each fellow in the program shall be appointed for a term 
of one year, except that such term may be extended for a 1-year 
period. Fellows shall be chosen by a board consisting of the 
Secretary of State,\27\ who shall be the chairperson, and all 
former Directors of the Agency.
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 2568. Sec. 3 of Public Law 98-202 added this 
section. Redesignated from sec. 28 by sec. 1223(21) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-772).
    \25\ Sec. 719(b)(1) of Public Law 103-236 (108 Stat. 501) struck 
out ``field of arms control and disarmament'', and inserted in lieu 
thereof ``fields of arms control, nonproliferation, and disarmament''.
    \26\ Sec. 1223(5)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof 
``Secretary of State''.
    \27\ Sec. 1223(5)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof 
``Department of State''; and struck out ``Agency's'' and inserted in 
lieu thereof ``Department of State's'' in this sentence.
    \28\ Sec. 719(b)(2) of Public Law 103-236 (108 Stat. 501) inserted 
``, nonproliferation,'' after ``arms control''.
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                          TITLE III--FUNCTIONS

                                research

    Sec. 301.\29\ The Secretary of State \30\ is authorized and 
directed to exercise his powers in this title in \31\ such 
manner as to ensure \32\ the acquisition of a fund of 
theoretical and practical knowledge concerning disarmament and 
nonproliferation.\33\ To this end, the Secretary of State \30\ 
is authorized and directed, under the direction of the 
President, (1) to ensure \32\ the conduct of research, 
development, and other studies in the fields of arms control, 
nonproliferation, and disarmament; \34\ (2) to make 
arrangements (including contracts, agreements, and grants) for 
the conduct of research, development, and other studies in the 
fields of arms control, nonproliferation, and disarmament \25\ 
by \35\ private or public institutions or persons; and (3) to 
coordinate the research, development, and other studies 
conducted in the fields of arms control, nonproliferation, and 
disarmament \25\ by or for other Government agencies.\36\ In 
carrying out his responsibilities under this Act, the Secretary 
of State \30\ shall, to the maximum extent feasible, make full 
use of available facilities, Government and private. The 
authority of the Secretary under this Act, with respect to 
research, development, and other studies concerning arms 
control, nonproliferation, and disarmament shall be limited to 
participation in the following: \37\
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 2571. Redesignated from sec. 31 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772).
    \30\ Sec. 1223(6)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof 
``Secretary of State'' throughout this sec.
    \31\ Sec. 1223(6)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) inserted ``this title in'' after ``powers in''.
    \32\ Sec. 1223(6)(C) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``insure'' and inserted in lieu thereof 
``ensuer''.
    \33\ Sec. 719(c)(2) of Public Law 103-236 (108 Stat. 501) inserted 
``and nonproliferation'' after ``disarmament''.
    \34\ Sec. 719(c)(1) of Public Law 103-236 (108 Stat. 501) struck 
out ``field of arms control and disarmament'', and inserted in lieu 
thereof ``fields of arms control, nonproliferation, and disarmament''.
    \35\ Sec. 5 of Public Law 88-186 inserted the words ``United 
States'' between the words ``by'' and ``private''. Sec. 3 of Public Law 
95-108 subsequently struck out the words ``United States''.
    \36\ Sec. 1223(6)(D) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``in accordance with procedures established 
under section 35 of this Act'' at this point.
    \37\ Sec. 1223(6)(E) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``The authority of the Secretary of State 
with respect to research, development, and other studies shall be 
limited to participation in the following insofar as they relate to 
arms control, nonproliferation, and disarmament:'' and inserted in lieu 
thereof ``The authority of the Secretary under this Act, with respect 
to research, development, and other studies concerning arms control, 
nonproliferation, and disarmament shall be limited to participation in 
the following:''.
---------------------------------------------------------------------------
          (a) the detection, identification, inspection, 
        monitoring, limitation, reduction, control, and 
        elimination of armed forces and armaments, including 
        thermonuclear, nuclear, missile, conventional, 
        bacteriological, chemical, and radiological weapons;
          (b) the techniques and systems of detecting, 
        identifying, inspecting, and monitoring of tests of 
        nuclear, thermonuclear, and other weapons;
          (c) the analysis of national budgets, levels of 
        industrial production, and economic indicators to 
        determine the amounts spent by various countries for 
        armaments and of all aspects of antisatellite 
        activities; \38\
---------------------------------------------------------------------------
    \38\ Sec. 4 of Public Law 97-339 inserted the words ``and of all 
aspects of antisatellite activities''.
---------------------------------------------------------------------------
          (d) the control, reduction, and elimination of armed 
        forces and armaments in space, in areas on and beneath 
        the earth's surface, and in underwater regions;
          (e) the structure and operation of international 
        control and other organizations useful for arms 
        control, nonproliferation,\39\ and disarmament;
---------------------------------------------------------------------------
    \39\ Sec. 719(c)(3) of Public Law 103-236 (108 Stat. 501) inserted 
``, nonproliferation,'' after ``arms control''.
---------------------------------------------------------------------------
          (f) the training of scientists, technicians, and 
        other personnel for manning the control systems which 
        may be created by international arms control, 
        nonproliferation,\39\ and disarmament agreements;
          (g) the reduction and elimination of the danger of 
        war resulting from accident, miscalculation, or 
        possible surprise attack, including (but not limited 
        to) improvements in the methods of communications 
        between nations;
          (h) the economic and political consequences of arms 
        control, nonproliferation,\39\ and disarmament, 
        including the problems of readjustment arising in 
        industry and the reallocation of national resources;
          (i) the arms control, nonproliferation,\39\ and 
        disarmament implications of foreign and national 
        security policies of the United States with a view to a 
        better understanding of the significance of such 
        policies for the achievement of arms control, 
        nonproliferation,\39\ and disarmament;
          (j) the national security and foreign policy 
        implications of arms control, nonproliferation,\39\ and 
        disarmament proposals with a view to a better 
        understanding of the effect of such proposals upon 
        national security and foreign policy;
          (k) methods for the maintenance of peace and security 
        during different stages of arms control, 
        nonproliferation,\39\ and disarmament;
          (l) the scientific, economic, political, legal, 
        social, psychological, military, and technological 
        factors related to the prevention of war with a view to 
        a better understanding of how the basic structure of a 
        lasting peace may be established; and \40\
---------------------------------------------------------------------------
    \40\ Sec. 1223(6)(F) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) inserted ``and''.
---------------------------------------------------------------------------
          (m) such related problems as the Secretary of State 
        \30\ may determine to be in need of research, 
        development, or study in order to carry out the 
        provisions of this Act.

                                patents

    Sec. 302.\41\ All research within the United States 
contracted for, sponsored, cosponsored, or authorized under 
authority of this Act, shall be provided for in such manner 
that all information as to uses, products, processes, patents, 
and other developments resulting from such research developed 
by Government expenditure will (with such exceptions and 
limitations, if any, as the Secretary of State \42\ may find to 
be necessary in the public interest) be available to the 
general public. This section \43\ shall not be so construed as 
to deprive the owner of any background patent relating thereto 
of such rights as he may have thereunder.
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    \41\ 22 U.S.C. 2572. Redesignated from sec. 32 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772).
    \42\ Sec. 1223(7)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof 
``Secretary of State''.
    \43\ Sec. 1223(7)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``subsection'' and inserted in lieu thereof 
``section''.
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                           policy formulation

    Sec. 303.\44\ (a) Formulation.--The Secretary of State 
\45\shall prepare for the President,\46\ and the heads of such 
other Government agencies as the President may determine, 
recommendations and advice concerning United States arms 
control, nonproliferation, and disarmament policy.
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    \44\ 22 U.S.C. 2573. Redesignated from sec. 33 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). Sec. 709 of 
Public Law 103-236 (108 Stat. 494) restated this sec. and amended it by 
adding the words, ``in a militarily significant manner'' in para. (b), 
and to delete a final sentence which had been added by sec. 3 of Public 
Law 88-186 and read, ``Nothing contained in this Act shall be construed 
to authorize any policy or action by any Government agency which would 
interfere with, restrict, or prohibit the acquisition, possession, or 
use of firearms by an individual for the lawful purpose of personal 
defense, sport, recreation, education, or training.''.
    \45\ Sec. 1223(8)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof 
``Secretary of State''.
    \46\ Sec. 1223(8)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-769) struck out ``the Secretary of State,'' at this point.
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    (b) Prohibition.--No action shall be taken pursuant to this 
or any other Act that would obligate the United States to 
reduce or limit the Armed Forces or armaments of the United 
States in a militarily significant manner, except pursuant to 
the treaty-making power of the President set forth in Article 
II, Section 2, Clause 2 of the Constitution or unless 
authorized by the enactment of further affirmative legislation 
by the Congress of the United States.
    (c) \47\ Statutory Construction.--Nothing contained in this 
chapter shall be construed to authorize any policy or action by 
any Government agency which would interfere with, restrict, or 
prohibit the acquisition, possession, or use of firearms by an 
individual for the lawful purpose of personal defense, sport, 
recreation, education, or training.
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    \47\ Sec. 2602 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-839) added subsec. (c).
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                         negotiation management

    Sec. 304.\48\ (a) Responsibilities.--The Secretary of 
State,\49\ under the direction of the President,\50\ shall have 
primary responsibility for the preparation, conduct, and 
management of United States participation in all international 
negotiations and implementation fora in the fields of arms 
control, nonproliferation,\51\ and disarmament.\52\ In 
furtherance of these responsibilities, Special Representatives 
of the President appointed pursuant to section 201,\53\ shall, 
as directed by the President, serve as \54\ United States 
Government representatives to international organizations, 
conferences, and activities relating to the field of 
nonproliferation,\55\ such as the preparations for and conduct 
of the review relating to the Treaty on the Non-Proliferation 
of Nuclear Weapons.
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    \48\ 22 U.S.C. 2574. Redesignated from sec. 34 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). Sec. 710 of 
Public Law 103-236 (108 Stat. 494) restated this sec. and its heading, 
and amended it by adding para. (a) and the provisions relating to 
nonproliferation.
    \49\ Sec. 1223(9)(A)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-769) struck out ``Director'' and inserted in 
lieu thereof ``Secretary of State''.
    \50\ Sec. 1223(9)(A)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-769) struck out ``and the Secretary of State''.
    \51\ Sec. 1223(9)(A)(iii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-769) inserted ``, nonproliferation,'' after 
``in the fields of arms control''.
    \52\ Sec. 1223(9)(A)(iv) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-769) struck out ``and shall have primary 
responsibility, whenever directed by the President, for the 
preparation, conduct, and management of United States participation in 
international negotiations and implementation fora in the field of 
nonproliferation'' after ``disarmament''.
    \53\ Sec. 1223(9)(A)(v) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-770) struck out ``section 27'' and inserted in 
lieu thereof ``section 201''.
    \54\ Sec. 1223(9)(A)(vi) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-770) struck out ``the'' following ``serve as''.
    \55\ For additional statutory requirements relating to persons 
representing the United States ``in such organs, commissions or other 
bodies as may be created by the United Nations with respect to nuclear 
energy or disarmament (control and limitation of armament)'', see sec. 
2(b) of the United Nations Participation Act of 1945, as amended (22 
U.S.C. 287(b)).
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    (b) \56\ Authority.--The Secretary of State \57\ is 
authorized--
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    \56\ Sec. 1223(9)(B) and (C) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-770) struck out subsec. (b) and redesignated 
subsec. (c) as subsec. (b). Former subsec. (b) required the ACDA 
Director to provide relevant information to USIA.
    \57\ Sec. 1223(9)(D)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-770) struck out ``Director'' and inserted in 
lieu thereof ``Secretary of State''.
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          (1) \58\ to formulate plans and make preparations for 
        the establishment, operation, and funding of 
        inspections and control systems which may become part 
        of the United States arms control, nonproliferation, 
        and disarmament activities; and
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    \58\ Sec. 1223(9)(D) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out para. (1) and redesignated paras. (2) and 
(3) as paras. (1) and (2). Former para. (1) pertained to international 
negotiations and the ACDA Director's authority.
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          (2) \58\ as authorized by law, to put into effect, 
        direct, or otherwise assume United States 
        responsibility for such systems.
    Sec. 35.\59\ [Repealed--1998]
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    \59\ Formerly at 22 U.S.C. 2575. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Had provided for 
coordination among Executive agencies on all significant aspects of 
arms control, nonproliferation, disarmament and related matters.
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                     arms control information \60\

    Sec. 305.\61\ In order to assist the Secretary of State 
\62\ in the performance of his duties with respect to arms 
control, nonproliferation,\63\ and disarmament policy and 
negotiations, any Government agency preparing any legislative 
or budgetary proposal for--
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    \60\ Sec. 719(e)(1) of Public Law 103-236 (108 Stat. 501) restated 
the section heading, which formerly read ``arms control impact 
information and analysis''.
    \61\ 22 U.S.C. 2576. Redesignated from sec. 36 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). This section 
was added by sec. 146 of Public Law 94-141, and amended by sec. 1(1) 
and sec. 1(2) of Public Law 95-338. Subsecs. (b) and (c) of this 
section, relating to arms control impact information and analysis, were 
repealed by sec. 704(1) of Public Law 103-236 (108 Stat. 492). Sec. 
719(e)(2) of that Act struck out subsec. designation ``(a)''.
    \62\ Sec. 1223(10)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof 
``Secretary of State''.
    \63\ Sec. 719(e)(3) of Public Law 103-236 (108 Stat. 501) inserted 
``, nonproliferation,'' after ``arms control''.
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          (1) any program of research, development, testing, 
        engineering, construction, deployment, or modernization 
        with respect to nuclear armaments, nuclear implements 
        of war, military facilities or military vehicles 
        designed or intended primarily for the delivery of 
        nuclear weapons,
          (2) any program of research, development, testing, 
        engineering, construction, deployment, or modernization 
        with respect to armaments, ammunition, implements of 
        war, or military facilities, having--
                  (A) an estimated total program cost in excess 
                of $250,000,000, or
                  (B) an estimated annual program cost in 
                excess of $50,000,000, or
          (3) any other program involving technology with 
        potential military application or weapons systems \64\ 
        which such Government agency or the Secretary of State 
        \62\ believes may have a significant impact on arms 
        control, nonproliferation,\63\ and disarmament policy 
        or negotiations,
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    \64\ Sec. 1(l) of Public Law 95-338 struck out the words ``weapons 
systems or technology'' and inserted ``technology with potential 
military application or weapons systems''. Senate Report No. 95-843, 
May 15, 1978, states at page 3 that this change was made ``so that 
there would be no question that technology with potential military 
application, rather than, simply, weapons technology, could be reviewed 
and reported upon under the legislation.''.
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shall, on a continuing basis, provide the Secretary of State 
\62\ with full and timely access to detailed information \65\ 
with respect to the nature, scope, and purpose of such 
proposal.
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    \65\ Sec. 1223(10)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out ``, in accordance with the procedures 
established pursuant to section 35 of this Act,'' at this point.
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                       verification of compliance
    Sec. 306.\66\ (a) In General.--In order to ensure that arms 
control, nonproliferation, and disarmament agreements can be 
verified,\67\ the Secretary of State \68\ shall report to 
Congress, on a timely basis, or upon request by an appropriate 
committee of the Congress--
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    \66\ 22 U.S.C. 2577. Redesignated from sec. 37 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). This section 
originally was added by sec. 4 of Public Law 95-108. Sec. 712 of Public 
Law 103-236 (108 Stat. 495) restated the section and its heading, and 
amended it by adding para. (d) and the provisions relating to 
nonproliferation. Subsec. (d), pertaining to international 
participation and negotiations, was struck out by sec. 1223(11)(B) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-770).
    \67\ Sec. 1115(a) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``adequately'' preceding ``verified''.
    \68\ Sec. 1223(11)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out ``Director'' or ``Agency'' and inserted in 
lieu thereof ``Secretary of State'' or ``Department of State'', 
respectively, throughout the section.
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          (1) in the case of any arms control, 
        nonproliferation, or disarmament agreement that has 
        been concluded by the United States, the determination 
        of the Secretary of State \68\ as to the degree to 
        which the components of such agreement can be verified;
          (2) in the case of any arms control, 
        nonproliferation, or disarmament agreement that has 
        entered into force, any significant degradation or 
        alteration in the capacity of the United States to 
        verify compliance of the components of such agreement;
          (3) the amount and percentage of research funds 
        expended by the Department of State \68\ for the 
        purpose of analyzing issues relating to arms control, 
        nonproliferation, and disarmament verification; and
          (4) the number of professional personnel assigned to 
        arms control verification on a full-time basis by each 
        Government agency.
    (b) \69\ Assessments Upon Request.--Upon the request of the 
chairman or ranking minority member of the Committee on Foreign 
Relations of the Senate or the Committee on International 
Relations of the House of Representatives, in case of an arms 
control, nonproliferation, or disarmament proposal presented to 
a foreign country, the Secretary of State shall submit a report 
to the Committee on the degree to which elements of the 
proposal are capable of being verified.
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    \69\ Sec. 1115(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), redesignated subsecs. (b) and (c) as subsecs. (c) and 
(d), and added a new subsec. (b). The amendment also stated a 
redesignation of subsec. (d) as subsec. (e); this subsection was struck 
out by the amendments executed by the Foreign Affairs Agencies 
Consolidation Act of 1998.
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    (c) \69\ Standard for Verification of Compliance.--In 
making determinations under paragraphs (1) and (2) of 
subsection (a), the Secretary of State \68\ shall assume that 
all measures of concealment not expressly prohibited could be 
employed and that standard practices could be altered so as to 
impede verification.
    (d) \69\ Rule of Construction.--Except as otherwise 
provided for by law, nothing in this section may be construed 
as requiring the disclosure of sensitive information relating 
to intelligence sources or methods or persons employed in the 
verification of compliance with arms control, nonproliferation, 
and disarmament agreements.
                          negotiating records
    Sec. 307.\70\ (a) Preparation of Records.--The Secretary of 
State \71\ shall establish and maintain records for each arms 
control, nonproliferation, and disarmament agreement to which 
the United States is a party and which was under negotiation or 
in force on or after January 1, 1990, which shall include 
classified and unclassified materials such as instructions and 
guidance, position papers, reporting cables and memoranda of 
conversation, working papers, draft texts of the agreement, 
diplomatic notes, notes verbal, and other internal and external 
correspondence.
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    \70\ 22 U.S.C. 2578. Redesignated from sec. 38 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). Added by sec. 
713(a) of Public Law 103-236 (108 Stat. 496).
    Sec. 713(b) of that Act required the following:
    ``(b) Report Required.--Not later than January 31, 1995, the 
Director of the United States Arms Control and Disarmament Agency shall 
submit to the Speaker of the House of Representatives and to the 
chairman of the Committee on Foreign Relations of the Senate a detailed 
report describing the actions he has undertaken to implement section 38 
of the Arms Control and Disarmament Act.''.
    Previously, sec. 38 had required that the President submit an 
annual report to Congress on the activities of the Standing 
Consultative Commission established under Article XIII of the Treaty on 
the Limitation of Anti-Ballistic Missile Systems. That sec. 38, 
originally added by sec. 3(b) of Public Law 100-213, and amended by 
sec. 401(a) of Public Law 103-199, was repealed by sec. 704(2) of 
Public Law 103-236 (108 Stat. 492).
    Sec. 1223(12)(B) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-770) struck out subsec. (c), relating to international 
negotiations.
    \71\ Sec. 1223(12)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof 
``Secretary of State'' throughout the section.
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    (b) Negotiating and Implementation Records.--In particular, 
the Secretary of State \71\ shall establish and maintain a 
negotiating and implementation record for each such agreement, 
which shall be comprehensive and detailed, and shall document 
all communications between the parties with respect to such 
agreement. Such records shall be maintained both in hard copy 
and magnetic media.

   comprehensive compilation of arms control and disarmament studies
    Sec. 308.\72\ Pursuant to his responsibilities under 
section 31 of this Act, and in order to enhance Congressional 
and public understanding of arms control, nonproliferation,\73\ 
and disarmament issues, the Director shall provide to the 
Congress not later than June 30 of each year a report setting 
forth--
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    \72\ 22 U.S.C. 2579. Redesignated from sec. 39 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772). This section 
was added by sec. 4 of Public Law 100-213.
    \73\ Sec. 719(f) of Public Law 103-236 (108 Stat. 502) inserted ``, 
nonproliferation,'' after ``arms control''.
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          (1) a comprehensive list of studies relating to arms 
        control, nonproliferation,\73\ and disarmament issues 
        concluded during the previous calendar year by 
        government agencies or for government agencies by 
        private or public institutions or persons; and
          (2) a brief description of each such study.
This report shall be unclassified, with a classified addendum 
if necessary.

                      TITLE IV--GENERAL PROVISIONS

                           general authority
    Sec. 401.\74\ In addition to any authorities otherwise 
available, the Secretary of State in the performance of 
functions under this Act \75\ is authorized to--
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    \74\ 22 U.S.C. 2581. Redesignated from sec. 41 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772).
    \75\ Sec. 1223(13)(A) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out ``In the performance of his functions, the 
Director'' and inserted in lieu thereof ``In addition to any 
authorities otherwise available, the Secretary of State in the 
performance of functions under this Act''.
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    (a) utilize or employ the services, personnel, equipment, 
or facilities of any other Government agency, with the consent 
of the agency concerned, to perform such functions on behalf of 
the Department of State \76\ as may appear desirable.\77\ Any 
Government agency is authorized, notwithstanding any other 
provision of law, to transfer to or to receive from the 
Secretary of State,\76\ without reimbursement, supplies and 
equipment other than administrative supplies or equipment. 
Transfer or receipt of excess property shall be in accordance 
with the provisions of the Federal Property and Administrative 
Services Act of 1949, as amended; \78\
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    \76\ Sec. 1223(13)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out references through the section to the 
Director or the Agency and replaced such references with an appropriate 
reference to the Secretary of State or the Department of State.
    \77\ Sec. 1223(13)(C) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-770) struck out ``It is the intent of this section that the 
Director rely upon the Department of State for general administrative 
services in the United States and abroad to the extent agreed upon 
between the Secretary of State and the Director.''.
    \78\ See e.g., 40 U.S.C. 483(a) and 484.
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    (b) \79\, \80\ appoint and fix the compensation 
of employees possessing specialized technical expertise without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service and the 
provisions of chapter 51 and subchapter III of chapter 53 of 
such title relating to classification and General Schedule pay 
rates, if the Secretary of State \76\ ensures that--
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    \79\ Sec. 5(a) of Public Law 95-108 amended and restated subsec. 
(b) which formerly read as follows: ``(b) appoint officers and 
employees, including attorneys, for the Agency in accordance with the 
civil service laws and fix their compensation in accordance with the 
Classification Act of 1949, as amended;''.
    \80\ Sec. 1223(13)(D)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-770) struck out ``appoint officers and 
employees, including attorneys, for the Agency in accordance with the 
provisions of title 5, United States Code, governing appointment in the 
competitive service, and fix their compensation in accordance with 
chapter 51 and with subchapter III of chapter 53 of such title, 
relating to classification and General Schedule pay rates, except that 
the Director may, to the extent the Director determines necessary to 
the discharge of his responsibilities,''.
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          (1) any employee who is appointed under this 
        subsection \81\ is not paid at a rate--
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    \81\ Sec. 1223(13)(D)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-770) struck out ``exception'' and inserted in 
lieu thereof ``subsection''.
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                  (A) in excess of the rate payable for 
                positions of equivalent difficulty or 
                responsibility, or
                  (B) exceeding the maximum rate payable for 
                grade 15 of the General Schedule; and
          (2) the number of employees appointed under this 
        subsection \82\ shall not exceed 10 percent of the 
        Department of State's \76\ full-time-equivalent 
        positions allocated to carry out the purposes of this 
        Act.\83\
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    \82\ Sec. 1223(13)(D)(iii)(I) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) struck out ``exception'' and inserted in 
lieu thereof ``subsection''.
    \83\ Sec. 1223(13)(D)(iii)(II) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) struck out ``ceiling'' and inserted in 
lieu thereof ``positions allocated to carry out the purposes of this 
Act''.
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    (c) enter into agreements with other Government agencies, 
including the military departments through the Secretary of 
Defense, under which officers or employees of such agencies may 
be detailed to the Department of State \76\ for the performance 
of service pursuant to this Act without prejudice to the status 
or advancement of such officers or employees within their own 
agencies;
    (d) procure services of experts and consultants or 
organizations thereof, including stenographic reporting 
services, as authorized by section 3109 of title 5 of the 
United States Code,\84\ and to pay in connection therewith 
travel expenses of individuals, including transportation and 
per diem in lieu of subsistence while away from their homes or 
regular places of business, as authorized by section 5703 of 
such title: \85\ Provided, That no such individual shall be 
employed for more than 130 days \86\ in any fiscal year unless 
the President certifies that employment of such individual in 
excess of such number of days is necessary in the national 
interest: \87\ And provided further, That such contracts may be 
renewed annually;
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    \84\ Par. (a)(1) of Public Law 93-332 struck out the words ``at 
rates not exceeding $100 per diem for individuals'' previously found 
here and also substituted the reference to ``section 3109 of title 5 of 
the United States Code'' for an obsolete reference to ``section 15 of 
the Act of August 2, 1946 (5 U.S.C. 55a)''.
    \85\ Par. (a)(2) of Public Law 93-332 substituted the reference to 
``section 5703 of such title'' for an obsolete reference to ``section 5 
of said Act, as amended (5 U.S.C. 73b-2)''.
    \86\ Par. (a)(3) of Public Law 93-332 struck out ``one hundred 
days'' and substituted ``130 days''.
    \87\ In a memorandum for the Director of the United States Arms 
Control and Disarmament Agency, the President delegated to such 
Director the authority set forth in this subsection to certify that the 
employment of persons in excess of the number of days set forth in this 
subsection is necessary in the national interest (Memorandum of August 
18, 1990; 55 F.R. 37693).
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    (e) employ individuals of outstanding ability without 
compensation in accordance with the provisions of section 
710(b) of the Defense Production Act of 1950, as amended (50 
U.S.C. App. 2160), and regulations issued thereunder;
    (f) \88\ establish a scientific and policy advisory board 
to advise with and make recommendations to the Secretary of 
State on United States arms control, nonproliferation, and 
disarmament policy and activities. A majority of the board 
shall be composed of individuals who have a demonstrated 
knowledge and technical expertise with respect to arms control, 
nonproliferation, and disarmament matters and who have 
distinguished themselves in any of the fields of physics, 
chemistry, mathematics, biology, or engineering, including 
weapons engineering. The members of the board may receive the 
compensation and reimbursement for expenses specified for 
consultants by subsection (d) of this section;
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    \88\ Sec. 1223(13)(G) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-771) amended and restated subsec. (f), which previously 
read, as amended, as follows:
    ``(f) establish advisory boards to advise with and make 
recommendations to the Director on United States arms control and 
disarmament policy and activities. The members of such boards may 
receive the compensation and reimbursement for expenses specified for 
consultants by section 41(d) of this Act;''.
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    (g) \89\ administer oaths and take sworn statements in the 
course of an investigation made pursuant to the Secretary of 
State's \76\ responsibilities under this Act;
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    \89\ Public Law 102-228 added a new subsec. (h).
    Sec. 1223(13)(E) and (F) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) struck out subsec. (g) (originally added 
by sec. 5(b) of Public Law 95-108, pertaining to payment for work 
performed, and related travel, in the form of advisory services), and 
redesignated subsequent subsecs.
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    (h) \89\ delegate, as appropriate, to the Under Secretary 
for Arms Control and International Security \90\ or other 
officers of the Department of State, any authority conferred 
upon the Secretary of State \76\ by the provisions of this Act; 
and
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    \90\ Sec. 1223(13)(H) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-771) struck out ``Deputy Director'' and inserted in lieu 
thereof ``Under Secretary for Arms Control and International 
Security''.
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    (i) \89\ make, promulgate, issue, rescind, and amend such 
rules and regulations as may be necessary or desirable to the 
exercise of any authority conferred upon the Secretary of State 
\76\ by the provisions of this Act.
    Sec. 42.\91\ [Repealed--1998]
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    \91\ Formerly at 22 U.S.C. 2582. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to 
Foreign Service personnel.
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    Sec. 43.\92\ [Repealed--1998]
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    \92\ Formerly at 22 U.S.C. 2583. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to 
contracts.
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                         dual compensation laws
    Sec. 402.\93\ Members of advisory boards and consultants 
may serve as such without regard to any \94\ Federal law 
limiting the reemployment of retired officers or employees or 
governing the simultaneous receipt of compensation and retired 
pay or annuities, subject to section 201 of the Dual 
Compensation Act.\95\ This section shall apply only to 
individuals carrying out activities rlated to arms control, 
nonproliferation, and disarmament.\96\
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    \93\ 22 U.S.C. 2584. Redesignated from sec. 44 by sec. 1223(21) of 
the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A 
of division G of Public Law 105-277; 112 Stat. 2681-772).
    Sec. 1223(14)(A) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-771) struck out ``conflict-of-interest and'' preceding ``dual 
compensation laws'' in the section catchline.
    \94\ Sec. 1223(14)(B) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-771) struck out ``The members of the General Advisory 
Committee created by section 26 of this Act, and the members of the 
advisory boards, the consultants, and the individuals of outstanding 
ability employed without compensation, all of which are provided in 
section 41 of this Act, may serve as such without regard to the 
provisions of section 281, 283, 284, or 1914 of title 18 of the United 
States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99), 
or of any other Federal law imposing restrictions, requirements, or 
penalties in relation to the employment of individuals, the performance 
of services, or the payment or receipt of compensation in connection 
with any claim, proceeding, or matter involving the United States 
Government, except insofar as such provisions of law may prohibit any 
such individual from receiving compensation from a source other than a 
nonprofit educational institution in respect of any particular matter 
in which the Agency is directly interested. Nor shall such service be 
considered as employment or holding of office or position bringing such 
individual within the provisions of section 13 of the Civil Service 
Retirement Act (5 U.S.C. 2263), or any other'' and inserted in lieu 
thereof ``Members of advisory boards and consultants may serve as such 
without regard to any''.
    \95\ Now codified as 5 U.S.C. 5532. Sec. 401(d)(2) of Public Law 
88-448, the Dual Compensation Act, added the last nine words to this 
sentence.
    \96\ Sec. 1223(14)(C) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-771) added ``This section shall apply only to individuals 
carrying out activities rlated to arms control, nonproliferation, and 
disarmament.''.
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    Sec. 45.\97\ [Repealed--1998]
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    \97\ Formerly at 22 U.S.C. 2585. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to 
security requirements.
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    Sec. 46.\98\ [Repealed--1998]
---------------------------------------------------------------------------
    \98\ Formerly at 22 U.S.C. 2586. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
Comptroller General audit.
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    Sec. 47.\99\ [Repealed--1998]
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    \99\ Formerly at 22 U.S.C. 2587. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
consolidation and transfer of activities to ACDA.
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    Sec. 48.\100\ [Repealed--1998]
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    \100\ Formerly at 22 U.S.C. 2588. Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
use of authorized and appropriated funds.
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    Sec. 49.\101\ [Repealed--1998]
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    \101\ Formerly at 22 U.S.C. 2591. Originally added as sec. 51 by 
sec. 4 of Public Law 98-202. Repealed by sec. 1222 of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-768). Pertained to specialists 
fluent in russian or other languages of the independent states of the 
former Soviet Union.
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    Sec. 50.\102\ [Repealed--1998]
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    \102\ Formerly at 22 U.S.C. 2593. Originally added as sec. 53 by 
sec. 6(a) of Public Law 100-213. Repealed by sec. 1222 of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
appointment and duties of the ACDA Inspector General.
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                       annual report to congress
    Sec. 403.\103\ (a) In General.--Not later than January 31 
of each year, the President shall submit to the Speaker of the 
House of Representatives and to the chairman of the Committee 
on Foreign Relations of the Senate a report prepared by the 
Secretary of State with the concurrence of the Director of 
Central Intelligence and in consultation with \104\ the 
Secretary of Defense, the Secretary of Energy, and the Chairman 
of the Joint Chiefs of Staff,\105\ on the status of United 
States policy and actions with respect to arms control, 
nonproliferation, and disarmament. Such report shall include--
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    \103\ 22 U.S.C. 2593a. Redesignated from sec. 51 by sec. 1223(21) 
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision 
A of division G of Public Law 105-277; 112 Stat. 2681-772).
    Added by sec. 717(a)(3) of Public Law 103-236 (108 Stat. 498) as 
sec. 51. The former sec. 51, relating to foreign language specialists, 
was redesignated as sec. 49 by sec. 717(a)(2) of that Act. Sec. 
717(a)(1) of the Act struck out the former sec. 50, which required an 
annual report concerning the activities of ACDA, and sec. 704(3) 
repealed sec. 52, which was headed ``reports on adherence to and 
compliance with agreements''. The substance of the former sec. 52, 
which originally was added by sec. 703 of Public Law 99-93 and amended 
by sec. 5 of Public Law 100-213 and section 401(c) of Public Law 103-
199, was incorporated into this new sec. 51.
    Sec. 717(b) of that Act further provided:
    ``(b) Report on Revitalization of ACDA.--Not later than December 
31, 1995, the Director of the United States Arms Control and 
Disarmament Agency shall submit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign Relations 
of the Senate a detailed report describing the actions that have been 
taken and that are underway to revitalize the United States Arms 
Control and Disarmament Agency pursuant to the provisions of this part 
and the amendments made by this part.''.
    Sec. 828(b) of that Act further provided:
    ``(b) Reporting on Demarches.--(1) It is the sense of the Congress 
that the Department of State should, in the course of implementing its 
reporting responsibilities under section 602(c) of the Nuclear Non-
Proliferation Act of 1978, include a summary of demarches that the 
United States has issued or received from foreign governments with 
respect to activities which are of significance from the proliferation 
standpoint.
    ``(2) For purposes of this section, the term `demarche' means any 
official communication by one government to another, by written or oral 
means, intended by the originating government to express--
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          ``(A) a concern over a past, present, or possible future 
        action or activity of the recipient government, or of a person 
        within the jurisdiction of that government, contributing to the 
        global spread of unsafeguarded special nuclear material or of 
        nuclear explosive devices;
          ``(B) a request for the recipient government to counter such 
        action or activity; or
          ``(C) both the concern and request described in subparagraphs 
        (A) and (B).''.
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    \104\ Sec. 1223(15)(A)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) struck out ``Director, in consultation 
with the Secretary of State,'' and inserted in lieu thereof ``Secretary 
of State with the concurrence of the Director of Central Intelligence 
and in consultation with''.
    \105\ Sec. 1223(15)(A)(iii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) struck out ``the Chairman of the Joint 
Chiefs of Staff, and the Director of Central Intelligence'' and 
inserted in lieu thereof ``and the Chairman of the Joint Chiefs of 
Staff''.
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          (1) a detailed statement concerning the arms control, 
        nonproliferation,\106\ and disarmament objectives of 
        the executive branch of Government for the forthcoming 
        year;
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    \106\ Sec. 1223(15)(A)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) inserted ``, nonproliferation,'' after 
``arms control''.
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          (2) \107\ a detailed assessment of the status of any 
        ongoing arms control, nonproliferation,\106\ or 
        disarmament negotiations, including a comprehensive 
        description of negotiations or other activities during 
        the preceding year and an appraisal of the status and 
        prospects for the forthcoming year;
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    \107\ Sec. 1223(15)(A)(iv) and (v) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) struck out paras. (2) and (4), and 
redesignated the remaining paras. (3), (5), (6), and (7) as paras. (2) 
through (5), respectively. Former paras. (2) and (4) read as follows:
    ``(2) a detailed statement concerning the nonproliferation 
objectives of the executive branch of Government for the forthcoming 
year;''
    and
    ``(4) a detailed assessment of the status of any ongoing 
nonproliferation negotiations or other activities, including a 
comprehensive description of the negotiations or other activities 
during the preceding year and an appraisal of the status and prospects 
for the forthcoming year;''.
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          (3) \107\ a detailed assessment of adherence of the 
        United States to obligations undertaken in arms 
        control, nonproliferation, and disarmament agreements, 
        including information on the policies and organization 
        of each relevant agency or department of the United 
        States to ensure adherence to such obligations, a 
        description of national security programs with a direct 
        bearing on questions of adherence to such obligations 
        and of steps being taken to ensure adherence, and a 
        compilation of any substantive questions raised during 
        the preceding year and any corrective action taken; 
        \108\
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    \108\ Sec. 828(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520): (1) 
struck out ``and'' at the end of this para.; (2) struck out a period at 
the end of the next para. and inserted instead ``; and''; and (3) added 
a new para. (7), redesignated as para. (5).
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          (4) \107\ a detailed assessment of the adherence of 
        other nations to obligations undertaken in all arms 
        control, nonproliferation, and disarmament agreements 
        or commitments, including the Missile Technology 
        Control Regime,\109\ to which the United States is a 
        participating state, including information on actions 
        taken by each nation with regard to the size, 
        structure, and disposition of its military forces in 
        order to comply with arms control, nonproliferation, or 
        disarmament agreements or commitments,\110\ and shall 
        include, in the case of each agreement or commitment 
        \111\ about which compliance questions exist--
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    \109\ Sec. 1113(a)(1)(A) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitments, including the Missile 
Technology Control Regime,'' after ``agreements''.
    \110\ Sec. 1113(a)(1)(B) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitments'' after ``agreements''.
    \111\ Sec. 1113(a)(1)(C) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), inserted ``or commitment'' after ``agreement''.
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                  (A) a description of each significant issue 
                raised and efforts made and contemplated with 
                the other participating state to seek 
                resolution of the difficulty;
                  (B) an assessment of damage, if any, to the 
                United States security and other interests; and
                  (C) recommendations as to any steps that 
                should be considered to redress any damage to 
                United States national security and to reduce 
                compliance problems; \112\
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    \112\ Sec. 1113(a)(1)(D) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536) struck out ``and'' at the end of subpara. (C).
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          (5) \108\ a discussion of any material noncompliance 
        by foreign governments with their binding commitments 
        to the United States with respect to the prevention of 
        the spread of nuclear explosive devices (as defined in 
        section 830(4) of the Nuclear Proliferation Prevention 
        Act of 1994) by non-nuclear-weapon states (as defined 
        in section 830(5) of that Act) or the acquisition by 
        such states of unsafeguarded special nuclear material 
        (as defined in section 830(8) of that Act), including--
                  (A) a net assessment of the aggregate 
                military significance of all such violations;
                  (B) a statement of the compliance policy of 
                the United States with respect to violations of 
                those commitments; and
                  (C) what actions, if any, the President has 
                taken or proposes to take to bring any nation 
                committing such a violation into compliance 
                with those commitments; and \113\
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    \113\ Sec. 1113(a)(2) and (3) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), struck out a period at the end of para. (5); 
inserted ``; and'' in its place; and added a new para. (6).
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          (6) \113\ a specfic identification, to the maximum 
        extent practicable in unclassified form, of each and 
        every question that exists with respect to compliance 
        by other countries with arms control, nonproliferation, 
        and disarmament agreements with the United States.
    (b) Classification of the Report.--The report required by 
this section shall be submitted in unclassified form, with 
classified annexes, as appropriate. The portions of this report 
described in paragraphs (4) and (5) of subsection (a) shall 
summarize in detail, at least in classified annexes, the 
information, analysis, and conclusions relevant to possible 
noncompliance by other nations that are provided by United 
States intelligence agencies.\114\
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    \114\ Sec. 1223(15)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-771) added the second sentence to this subsec.
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    (c) \115\ Reporting Consecutive Noncompliance.--If the 
President in consecutive reports submitted to the Congress 
under this section reports that any designated nation is not in 
full compliance with its binding nonproliferation commitments 
to the United States, then the President shall include in the 
second such report an assessment of what actions are necessary 
to compensate for such violations.
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    \115\ Sec. 828(a)(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520), added 
subsec. (c).
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    (d) \116\ Each report required by this section shall 
include a discussion of each significant issue described in 
subsection (a)(6) that was contained in a previous report 
issued under this section during 1995, or after December 31, 
1995, until the question or concern has been resolved and such 
resolution has been reported in detail to the appropriate 
committees of Congress (as defined in section 1102(1) of the 
Arms Control, Non-Proliferation, and Security Assistance Act of 
1999).
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    \116\ Sec. 1113(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added subsec. (d).
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 public annual report on world military expenditures and arms transfers

    Sec. 404.\117\ Not later than December 31 of each year, the 
Secretary of State \118\ shall publish an unclassified report 
on world military expenditures and arms transfers. Such report 
shall provide detailed, comprehensive, and statistical 
information regarding military expenditures, arms transfers, 
armed forces, and related economic data for each country of the 
world. In addition, such report shall include pertinent in-
depth analyses as well as highlights with respect to arms 
transfers and proliferation trends and initiatives affecting 
such developments.
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    \117\ 22 U.S.C. 2593b. Redesignated from sec. 52 by sec. 1223(21) 
of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision 
A of division G of Public Law 105-277; 112 Stat. 2681-772).
    Added by sec. 717(a)(3) of Public Law 103-236 (108 Stat. 498) as 
sec. 52. The former sec. 52, which was headed ``reports on adherence to 
an compliance with agreements'', was repealed by sec. 704(3) of that 
Act. The substance of the former sec. 52 was incorporated in the new 
sec. 51 added by sec. 717(a)(3) of that Act.
    \118\ Sec. 1223(16) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-772) struck out ``Director'' and inserted in lieu thereof 
``Secretary of State''.
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    Sec. 53.\119\ [Repealed--1998]
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    \119\ Formerly at 22 U.S.C. 2593c. Originally added by sec. 718(a) 
of Public Law 103-236 (108 Stat. 500). Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to the 
requirement to authorize appropriations. For a comprehensive history of 
authorization and appropriations levels, see footnotes relating to this 
section in see Legislation on Foreign Relations Through 1996, vol. II.
---------------------------------------------------------------------------
    Sec. 54.\120\ [Repealed--1998]
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    \120\ Formerly at 22 U.S.C. 2593d. Originally added by sec. 718(a) 
of Public Law 103-236 (108 Stat. 500). Repealed by sec. 1222 of the 
Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of 
division G of Public Law 105-277; 112 Stat. 2681-768). Pertained to 
transfer of funds, notification, and reprogramming.
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              TITLE V--ON-SITE INSPECTION ACTIVITIES \121\

                                findings

    Sec. 501.\122\ The Congress finds that--
---------------------------------------------------------------------------
    \121\ For related legislation on United States program for on-site 
inspections under arms control agreements, see sec. 1014 of the 
National Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1547).
    \122\ 22 U.S.C. 2595. Originally added by sec. 201 of Public Law 
101-216. Redesignated from sec. 61 by sec. 1223(21) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-772).
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          (1) under this Act, the Department of State \123\ is 
        charged with the ``formulation and implementation of 
        United States arms control and disarmament policy in a 
        manner which will promote the national security'';
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    \123\ Sec. 1223(17)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) struck out ``United States Arms Control 
and Disarmament Agency'' and inserted in lieu thereof ``Department of 
State''.
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          (2) \124\ the On-Site Inspection Agency was 
        established in 1988 pursuant to the INF Treaty to 
        implement, on behalf of the United States, the 
        inspection provisions of the INF Treaty;
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    \124\ Sec. 1223(17)(B) and (C) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) struck out para. (2) and redesignated 
paras. (3) through (7) as paras. (2) through (6). Former para. (2) 
provided as follows:
    ``
---------------------------------------------------------------------------
          (2) as defined in this Act, the terms `arms control' 
        and `disarmament' means `the identification, 
        verification, inspection, limitation, control, 
        reduction, or elimination, of armed forces and 
        armaments of all kinds under international agreement to 
        establish an effective system of international 
        control';''.
          (3) \124\ on-site inspection activities under the INF 
        Treaty include--
                  (A) inspections in Russia, Ukraine, 
                Kazakhstan, Belarus, Turkmenistan, Uzbekistan, 
                the Czech Republic, and Germany,\125\
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    \125\ Sec. 401(d)(1) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2324) struck out ``the Soviet Union, Czechoslovakia, and the 
German Democratic Republic'', and inserted in lieu thereof ``Russia, 
Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the Czech 
Republic, and Germany''.
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                  (B) escort duties for \126\ teams visiting 
                the United States and the Basing Countries,
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    \126\ Sec. 401(d)(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2324) struck out ``Soviet'' at this point.
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                  (C) establishment and operation of the Portal 
                Monitoring Facility in Russia,\127\ and
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    \127\ Sec. 401(d)(3) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2324) struck out ``the Soviet Union'' and inserted in lieu 
thereof ``Russia''.
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                  (D) support for the \128\ inspectors at the 
                Portal Monitoring Facility in Utah;
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    \128\ Sec. 401(d)(4) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2324) struck out ``Soviet'' at this point.
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          (4) \129\ the On-Site Inspection Agency has 
        additional responsibilities to those specified in 
        paragraph (3),\130\ including the monitoring of nuclear 
        tests pursuant to the Threshold Test Ban Treaty and the 
        Peaceful Nuclear Explosions Treaty and the monitoring 
        of the inspection provisions of such additional arms 
        control agreements as the President may direct;
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    \129\ Sec. 402(a)(1) of Public Law 102-228 redesignated paragraphs 
(5) and (6) as (6) and (7), respectively, and added a new paragraph 
(5). Sec. 1223(17)(C) of the Foreign Affairs Agencies Consolidation Act 
of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-772) subsequently redesignated paras. (3) through (7) as paras. 
(2) through (6).
    \130\ Sec. 1223(17)(D) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) struck out ``paragraph (4)'' and inserted 
in lieu thereof ``paragraph (3)''.
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          (5) \129\ the personnel of the On-Site Inspection 
        Agency include civilian technical experts, civilian 
        support personnel, and members of the Armed Forces; and
          (6) \129\ the senior officials of the On-Site 
        Inspection Agency include representatives from the 
        \131\ Department of State.
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    \131\ Sec. 1223(17)(E) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) struck out ``United States Arms Control 
and Disarmament Agency and the'' at this point.
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  policy coordination concerning implementation of on-site inspection 
                               provisions

    Sec. 502.\132\ (a) Interagency Coordination.--OSIA should 
receive policy guidance which is formulated through an 
interagency mechanism established by the President.
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    \132\ 22 U.S.C. 2595a. Originally added by sec. 201 of Public Law 
101-216. Redesignated from sec. 62 by sec. 1223(21) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-772).
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    (b) Role of the Secretary of Defense.--The Secretary of 
Defense should provide to OSIA appropriate policy guidance 
formulated through the interagency mechanism described in 
subsection (a) and operational direction, consistent with 
section 113(b) of title 10, United States Code.
    (c) \133\ Role of the Secretary of State.--The Secretary of 
State \133\ should provide to the interagency mechanism 
described in subsection (a) appropriate recommendations for 
policy guidance to OSIA consistent with sections 102(3) and 
304(b) \134\ of this Act.
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    \133\ Sec. 1223(18)(A)(i) and (B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) replaced ``Director'' with ``Secretary of 
State'' in the subsec. heading and in the first sentence.
    \134\ Sec. 1223(18)(A)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) struck out ``2(d), 22, and 34(c)'' and 
inserted in lieu thereof ``102(3) and 304(b)''.
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    Sec. 63.\135\ [Repealed--1998]
---------------------------------------------------------------------------
    \135\ Formerly at 22 U.S.C. 2595b. Originally added by sec. 201 of 
Public Law 101-216. Repealed by sec. 1222 of the Foreign Affairs 
Agencies Consolidation Act of 1998 (subdivision A of division G of 
Public Law 105-277; 112 Stat. 2681-768). Pertained to authorizations of 
appropriations for on-site inspection.
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SEC. 503.\136\ REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.

    Any \137\ notification submitted to the Congress with 
respect to a proposed transfer, reprogramming, or reallocation 
of funds from or within the budget of OSIA shall also be 
submitted to the Committee on Internatioanl Relations \138\ of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate, and shall be subject to review by 
those committees.
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    \136\ 22 U.S.C. 2595b-1. Sec. 402(b)(2) of Public Law 102-228 added 
this section as sec. 64. Sec. 1223(19)(A) and (B) of the Foreign 
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G 
of Public Law 105-277; 112 Stat. 2681-772) redesignated the sec. as 
sec. 503, restated the sec. catchline, and struck out subsec. (a), 
which required the President to file a one-time report on On-Site 
Inspection Activities. Sec. 1223(21) of that Act also resdesignated the 
section as sec. 503.
    \137\ Sec. 1223(19)(C)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) struck out ``(b) Review of Certain 
Reprogramming Notifications.--'' at the beginning of the sec.
    \138\ Sec. 1223(19)(C)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-772) struck out ``Foreign Affairs'' and 
inserted in lieu thereof ``International Relations''.
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                              definitions
    Sec. 504.\139\ As used in this title--
---------------------------------------------------------------------------
    \139\ 22 U.S.C. 2595c. This section was added as sec. 64 by sec. 
201 of Public Law 101-216. It was redesignated as sec. 65 by sec. 
402(b)(1) of Public Law 102-228, and further redesignated from sec. 65 
by sec. 1223(21) of the Foreign Affairs Agencies Consolidation Act of 
1998 (subdivision A of division G of Public Law 105-277; 112 Stat. 
2681-772).
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          (1) the term ``INF Treaty'' means the Treaty Between 
        the United States of America \140\ and the Union of 
        Soviet Socialist Republics on the Elimination of Their 
        Intermediate-Range and Shorter-Range Missiles (signed 
        at Washington, December 8, 1987); \141\
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    \140\ Sec. 1223(20) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-772) inserted ``of America'' after ``United States''.
    \141\ Sec. 402(b)(2) of Public Law 102-228 struck our ``and'' at 
the end of paragraph (1); struck out the period at the end of paragraph 
(2) and inserted in lieu thereof a semicolon; and added new paragraphs 
(3) and (4).
---------------------------------------------------------------------------
          (2) the term ``OSIA'' means the On-Site Inspection 
        Agency established by the President, or such other 
        agency as may be designated by the President to carry 
        out the on-site inspection provisions of the INF 
        Treaty; \141\
          (3) \141\ the term ``Peaceful Nuclear Explosions 
        Treaty means the Treaty Between the United States of 
        America and the Union of Soviet Socialist Republics on 
        Underground Nuclear Explosions for Peaceful Purposes 
        (signed at Washington and Moscow, May 28, 1976); and
          (4) \141\ the term ``Threshold Test Ban Treaty'' 
        means the Treaty Between the United States of America 
        and the Union of Soviet Socialist Republics on the 
        Limitation of Underground Nuclear Weapons Tests (signed 
        at Moscow, July 3, 1974).
       2. Arms Control and Disarmament Authorization--Prior Years

            a. Arms Control and Nonproliferation Act of 1999

  Partial text of Public Law 106-113 [Admiral James W. Nance and Meg 
  Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
 2001; H.R. 3427, enacted by reference in H.R. 3194], 113 Stat. 1501, 
                       approved November 29, 1999

          * * * * * * *

  A BILL To authorize appropriations for the Department of State for 
fiscal years 2000 and 2001; to provide for enhanced security at United 
  States diplomatic facilities; to provide for certain arms control, 
nonproliferation, and other national security measures; to provide for 
          reform of the United Nations; and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001''.
          * * * * * * *

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

SEC. 1001.\1\ SHORT TITLE.

    This division may be cited as the ``Arms Control, 
Nonproliferation, and Security Assistance Act of 1999''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------

              TITLE XI--ARMS CONTROL AND NONPROLIFERATION

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Arms Control and 
Nonproliferation Act of 1999''.

SEC. 1102.\2\ DEFINITIONS.

    In this title:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the 
        Committee on International Relations and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Select Committee on Intelligence of the Senate.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2652c note.
---------------------------------------------------------------------------
          (2) Assistant secretary.--The term ``Assistant 
        Secretary'' means the position of Assistant Secretary 
        of State for Verification and Compliance designated 
        under section 1112.
          (3) Executive agency.--The term ``Executive agency'' 
        has the meaning given the term in section 105 of title 
        5, United States Code.
          (4) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).
          (5) START treaty or treaty.--The term ``START 
        Treaty'' or ``Treaty'' means the Treaty With the Union 
        of Soviet Socialist Republics on the Reduction and 
        Limitation of Strategic Offensive Arms, including all 
        agreed statements, annexes, protocols, and memoranda, 
        signed at Moscow on July 31, 1991.
          (6) START ii treaty.--The term ``START II Treaty'' 
        means the Treaty Between the United States of America 
        and the Russian Federation on Further Reduction and 
        Limitation of Strategic Offensive Arms, and related 
        protocols and memorandum of understanding, signed at 
        Moscow on January 3, 1993.

                        Subtitle A--Arms Control

   CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL 
                               AGREEMENTS

SEC. 1111. KEY VERIFICATION ASSETS FUND.

    (a) In General.--The Secretary of State is authorized to 
transfer funds available to the Department of State under this 
section to the Department of Defense, the Department of Energy, 
or any agency, entity, or component of the intelligence 
community, as needed, for retaining, researching, developing, 
or acquiring technologies or programs relating to the 
verification of arms control, nonproliferation, and disarmament 
agreements or commitments.
    (b) Prohibition on Reprogramming.--Notwithstanding any 
other provision of law, funds made available to carry out this 
section may not be used for any purpose other than the purposes 
specified in subsection (a).
    (c) Funding.--Of the total amount of funds authorized to be 
appropriated to the Department of State by this Act for the 
fiscal years 2000 and 2001, $5,000,000 is authorized to be 
available for each such fiscal year to carry out subsection 
(a).
    (d) Designation of Fund.--Amounts made available under 
subsection (c) may be referred to as the ``Key Verification 
Assets Fund''.

SEC. 1112. ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND 
                    COMPLIANCE.

    (a) \3\ Designation of Position.--The Secretary of State 
shall designate one of the Assistant Secretaries of State 
authorized by section 1(c)(1) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) as the 
Assistant Secretary of State for Verification and Compliance. 
The Assistant Secretary shall report to the Under Secretary of 
State for Arms Control and International Security.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2652c.
---------------------------------------------------------------------------
    (b) Directive Governing the Assistant Secretary of State.--
          (1) In general.--Not later than 30 days after the 
        date of enactment of this Act, the Secretary of State 
        shall issue a directive governing the position of the 
        Assistant Secretary.
          (2) Elements of the directive.--The directive issued 
        under paragraph (1) shall set forth, consistent with 
        this section--
                  (A) the duties of the Assistant Secretary;
                  (B) the relationships between the Assistant 
                Secretary and other officials of the Department 
                of State;
                  (C) any delegation of authority from the 
                Secretary of State to the Assistant Secretary; 
                and
                  (D) such matters as the Secretary considers 
                appropriate.
    (c) Duties.--
          (1) In general.--The Assistant Secretary shall have 
        as his principal responsibility the overall supervision 
        (including oversight of policy and resources) within 
        the Department of State of all matters relating to 
        verification and compliance with international arms 
        control, nonproliferation, and disarmament agreements 
        or commitments.
          (2) Participation of the assistant secretary.--
                  (A) Primary role.--Except as provided in 
                subparagraphs (B) and (C), the Assistant 
                Secretary, or his designee, shall participate 
                in all interagency groups or organizations 
                within the executive branch of Government that 
                assess, analyze, or review United States 
                planned or ongoing policies, programs, or 
                actions that have a direct bearing on 
                verification or compliance matters, including 
                interagency intelligence committees concerned 
                with the development or exploitation of 
                measurement or signals intelligence or other 
                national technical means of verification.
                  (B) Requirement for designation.--
                Subparagraph (A) shall not apply to groups or 
                organizations on which the Secretary of State 
                or the Undersecretary of State for Arms Control 
                and International Security sits, unless such 
                official designates the Assistant Secretary to 
                attend in his stead.
                  (C) National security limitation.--
                          (i) Waiver by president.--The 
                        President may waive the provisions of 
                        subparagraph (A) if inclusion of the 
                        Assistant Secretary would not be in the 
                        national security interests of the 
                        United States.
                          (ii) Waiver by others.--With respect 
                        to an interagency group or 
                        organization, or meeting thereof, 
                        working with exceptionally sensitive 
                        information contained in compartments 
                        under the control of the Director of 
                        Central Intelligence, the Secretary of 
                        Defense, or the Secretary of Energy, 
                        such Director or Secretary, as the case 
                        may be, may waive the provision of 
                        subparagraph (A) if inclusion of the 
                        Assistant Secretary would not be in the 
                        national security interests of the 
                        United States.
                          (iii) Transmission of waiver to 
                        congress.--Any waiver of participation 
                        under clause (i) or (ii) shall be 
                        transmitted in writing to the 
                        appropriate committees of Congress.
          (3) Relationship to the intelligence community.--The 
        Assistant Secretary shall be the principal policy 
        community representative to the intelligence community 
        on verification and compliance matters.
          (4) Reporting responsibilities.--The Assistant 
        Secretary shall have responsibility within the 
        Department of State for--
                  (A) all reports required pursuant to section 
                306 of the Arms Control and Disarmament Act (22 
                U.S.C. 2577);
                  (B) so much of the report required under 
                paragraphs (4) through (6) of section 403(a) of 
                the Arms Control and Disarmament Act (22 U.S.C. 
                2593a(a)(4) through (6)) as relates to 
                verification or compliance matters; and
                  (C) other reports being prepared by the 
                Department of State as of the date of enactment 
                of this Act relating to arms control, 
                nonproliferation, or disarmament verification 
                or compliance matters.

SEC. 1113. ENHANCED ANNUAL (``PELL'') REPORT.

    (a) Annual Report.--Section 403(a) of the Arms Control and 
Disarmament Act (22 U.S.C. 2593a(a)) is amended--* * *
    (b) Additional requirement.--Section 403 of the Arms 
Control and Disarmament Act (22 U.S.C. 2593a) is amended by 
adding at the end the following: * * *

SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.

    (a) Report.--Not later than 180 days after the date of 
enactment of this Act, the Director of Central Intelligence 
shall submit to the appropriate committees of Congress a 
detailed report in classified form. Such report shall include 
the following:
          (1) A comprehensive identification of all monitoring 
        activities associated with the START Treaty and the 
        START II Treaty.
          (2) The specific intelligence community assets and 
        capabilities, including analytical capabilities, that 
        the Senate was informed, prior to the Senate giving its 
        advice and consent to ratification of the treaties, 
        would be necessary to accomplish those activities.
          (3) An identification of the extent to which those 
        assets and capabilities have, or have not, been 
        attained or retained, and the corresponding effect this 
        has had upon United States monitoring confidence 
        levels.
          (4) An assessment of any Russian activities relating 
        to the START Treaty which have had an impact upon the 
        ability of the United States to monitor Russian 
        adherence to the Treaty.
    (b) Compartmented Annex.--Exceptionally sensitive, 
compartmented information in the report required by this 
section may be provided in a compartmented annex submitted to 
the Select Committee on Intelligence of the Senate and the 
Permanent Select Committee on Intelligence of the House of 
Representatives.

SEC. 1115. STANDARDS FOR VERIFICATION.

    (a) Verification of Compliance.--Section 306(a) of the Arms 
Control and Disarmament Act (22 U.S.C. 2577(a)) is amended in 
the matter preceding paragraph (1) by striking ``adequately''.
    (b) Assessments Upon Request.--Section 306 of the Arms 
Control and Disarmament Act (22 U.S.C. 2577) is amended--* * *

SEC. 1116.\4\ CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.

    The United States Government shall, to the maximum extent 
practicable, make available to the public in real time, or as 
quickly as possible, all raw seismological data provided to the 
United States Government by any international organization that 
is directly responsible for seismological monitoring.
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 7704 note.
---------------------------------------------------------------------------

SEC. 1117.\5\ PROTECTION OF UNITED STATES COMPANIES.

    (a) Reimbursement.--During the 2-year period beginning on 
the date of the enactment of this Act, the United States 
National Authority (as designated pursuant to section 101 of 
the Chemical Weapons Convention Implementation Act of 1998 (as 
contained in division I of Public Law 105-277)) shall, upon 
request of the Director of the Federal Bureau of Investigation, 
reimburse the Federal Bureau of Investigation for all costs 
incurred by the Bureau for such period in connection with 
implementation of section 303(b)(2)(A) of that Act, except that 
such reimbursement may not exceed $2,000,000 for such 2-year 
period.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 6723 note.
---------------------------------------------------------------------------
    (b) Report.--Not later than 180 days prior to the 
expiration of the 2-year period described in subsection (a), 
the Director of the Federal Bureau of Investigation shall 
prepare and submit to the Committee on International Relations 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate a report on how activities under 
section 303(b)(2)(A) of the Chemical Weapons Convention 
Implementation Act of 1998 will be fully funded and implemented 
by the Federal Bureau of Investigation notwithstanding the 
expiration of the 2-year period described in subsection (a).

SEC. 1118.\6\ REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.

    Whenever a United States delegation engaging in 
negotiations on arms control, nonproliferation, or disarmament 
submits to the Secretary of State a summary of the activities 
of the delegation or the status of those negotiations, a copy 
of each such summary shall be further transmitted by the 
Secretary of State to the Committee on Foreign Relations of the 
Senate and to the Committee on International Relations of the 
House of Representatives promptly.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2593a note.
    \7\ For Chapter 2, see this section, under ``Nonproliferation of 
Weapons of Mass Destruction''.
---------------------------------------------------------------------------

  CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \7\

          * * * * * * *
b. Arms Control and Disarmament Agency--Authorization, Fiscal Year 1999

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
  Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, 
                       approved October 21, 1998

          * * * * * * *

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

SEC. 2001. SHORT TITLE.

    This subdivision may be cited as the ``Foreign Relations 
Authorization Act, Fiscal Years 1998 and 1999''.

SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

    In this subdivision, 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.
          * * * * * * *

     TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the 
purposes of the Arms Control and Disarmament Act $41,500,000 
for the fiscal year 1999.

SEC. 2602. STATUTORY CONSTRUCTION.

    Section 303 of the Arms Control and Disarmament Act (22 
U.S.C. 2573), as redesignated by section 2223 of this division, 
is amended by adding at the end the following new subsection: * 
* *
          * * * * * * *
            c. Arms Control and Nonproliferation Act of 1994

   Partial text of part A, title VII, of Public Law 103-236 [Foreign 
 Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 
             108 Stat. 382 at 491, approved April 30, 1994

                        TITLE VII--ARMS CONTROL

         PART A--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS.

    (a) \1\ Short Title.--This part may be cited as the ``Arms 
Control and Nonproliferation Act of 1994''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------
    (b) References in Part.--Except as specifically provided in 
this part, whenever in this part an amendment or repeal is 
expressed as an amendment to or repeal of a provision, the 
reference shall be deemed to be made to the Arms Control and 
Disarmament Act.\2\
---------------------------------------------------------------------------
    \2\ Amendments to the Arms Control and Disarmament Act (Public Law 
87-297) have been incorporated into that Act at the appropriate places.
---------------------------------------------------------------------------

SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.

    (a) Congressional Declarations.--The Congress declares 
that--
          (1) a fundamental goal of the United States, 
        particularly in the wake of the highly turbulent and 
        uncertain international situation fostered by the end 
        of the Cold War, the disintegration of the Soviet Union 
        and the resulting emergence of fifteen new independent 
        states, and the revolutionary changes in Eastern 
        Europe, is to prevent the proliferation of nuclear 
        weapons and their means of delivery and of advanced 
        conventional armaments, to eliminate chemical and 
        biological weapons, and to reduce and limit the large 
        numbers of nuclear weapons in the former Soviet Union, 
        as well as to prevent regional conflicts and 
        conventional arms races; and
          (2) an ultimate goal of the United States continues 
        to be a world in which the use of force is subordinated 
        to the rule of law and international change is achieved 
        peacefully without the danger and burden of 
        destabilizing and costly armaments.
    (b) Purpose.--The purpose of this part is--
          (1) to strengthen the United States Arms Control and 
        Disarmament Agency; and
          (2) to improve congressional oversight of the arms 
        control, nonproliferation, and disarmament activities 
        of the United States Arms Control and Disarmament 
        Agency, and of the Agency's operating budget.
          * * * * * * *

SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.

    Not later than December 31, 1994, the President shall 
submit to the Congress a report prepared by the Director of the 
United States Arms Control and Disarmament Agency, in 
coordination with the Secretary of State, the Secretary of 
Defense, the Secretary of Energy, the Chairman of the Joint 
Chiefs of Staff, and the Director of Central Intelligence, with 
respect to the procedures established pursuant to section 35 of 
the Arms Control and Disarmament Act (22 U.S.C. 2575) for the 
effective coordination of research and development on arms 
control, nonproliferation, and disarmament among all 
departments and agencies of the executive branch of Government.
          * * * * * * *

SEC. 713. NEGOTIATING RECORDS.

    (a) In General.--The Arms Control and Disarmament Act is 
amended by inserting after section 37 the following: * * *
    (b) Report Required.--Not later than January 31, 1995, the 
Director of the United States Arms Control and Disarmament 
Agency shall submit to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate a detailed report describing the 
actions he has undertaken to implement section 38 of the Arms 
Control and Disarmament Act.

SEC. 714. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS.

    (a) \3\ Amendments to the Arms Export Control Act.--* * *
---------------------------------------------------------------------------
    \3\ For text of the Arms Export Control Act, see Legislation on 
Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
    (b) Amendment to the Nuclear Non-Proliferation Act.--
Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42 
U.S.C. 2139a(c)) is amended in the second sentence by striking 
out ``, as required,''.
          * * * * * * *

SEC. 717. REPORTS.

    (a) In General.--Title IV of the Arms Control and 
Disarmament Act is amended--* * *
    (b) \4\ Report on Revitalization of ACDA.--Not later than 
December 31, 1995, the Director of the United States Arms 
Control and Disarmament Agency shall submit to the Speaker of 
the House of Representatives and the chairman of the Committee 
on Foreign Relations of the Senate a detailed report describing 
the actions that have been taken and that are underway to 
revitalize the United States Arms Control and Disarmament 
Agency pursuant to the provisions of this part and the 
amendments made by this part.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------
          * * * * * * *
d. Arms Control and Disarmament Act Authorization for Fiscal Years 1990 
                                and 1991

    Partial text of Public Law 101-216 [H.R. 1495], 103 Stat. 1853, 
                       approved December 11, 1989


          Note.--Except for the provisions included below, this 
        Act consists of amendments to the Arms Control and 
        Disarmament Act. Those amendments have been 
        incorporated into that Act at the appropriate places.



   AN ACT To amend the Arms Control and Disarmament Act to authorize 
  appropriations for the Arms Control and Disarmament Agency, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Arms Control and Disarmament 
Amendments Act of 1989''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------

              TITLE I--ARMS CONTROL AND DISARMAMENT AGENCY

          * * * * * * *

SEC. 104.\2\ ARMS CONTROL IMPLEMENTATION AND COMPLIANCE RESOLUTION.

    The Director for the United States Arms Control and 
Disarmament Agency should study, and report to the Congress on, 
the advisability of establishing in the Agency an arms control 
implementation and compliance resolution bureau, or other 
organizational unit, that would be responsible for--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2565 note.
---------------------------------------------------------------------------
          (1) managing the implementation of existing and 
        future arms control agreements;
          (2) coordinating the activities of the Special 
        Verification Commission and the Standing Consultative 
        Commission; and
          (3) preparing comprehensive analyses and policy 
        positions regarding the effective resolution of arms 
        control compliance questions.

SEC. 105.\3\ ARMS CONTROL VERIFICATION.

    (a) Establishment of Working Group.--The President should 
establish a working group--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2577a.
---------------------------------------------------------------------------
          (1) to examine verification approaches to a strategic 
        arms reduction agreement and other arms control 
        agreements; and
          (2) to assess the relevance for such agreements of 
        the verification provisions of the Treaty Between the 
        United States and the Union of Soviet Socialist 
        Republics on the Elimination of Their Intermediate-
        Range and Shorter-Range Missiles (signed at Washington, 
        December 8, 1987).
    (b) Information and Data Base.--(1) The Agency shall 
allocate sufficient resources to develop and maintain a 
comprehensive information and data base on verification 
concepts, research, technologies, and systems. The Agency shall 
collect, maintain, analyze, and disseminate information 
pertaining to arms control verification and monitoring, 
including information regarding--
          (A) all current United States bilateral and 
        multilateral arms treaties; and
          (B) proposed, prospective, and potential bilateral or 
        multilateral arms treaties in the areas of nuclear, 
        conventional, chemical, and space weapons.
    (2) The Agency shall seek to improve United States 
verification and monitoring activities through the monitoring 
and support of relevant research and analysis.
    (3) The Agency shall provide detailed information on the 
activities pursuant to this section in its annual report to the 
Congress.
          * * * * * * *

SEC. 106. REPORTING REQUIREMENT ON PROSPECTS FOR CONVERSION OF UNITED 
                    STATES DEFENSE INDUSTRIES.

    The Director of the United States Arms Control and 
Disarmament Agency, in consultation with the Secretary of 
Defense and the Secretary of Commerce, shall study, and (not 
later than 180 days after the date of enactment of this Act) 
submit to the Congress a report, on concrete steps which could 
be taken to improve prospects for conversion of portions of 
United States defense industries to nondefense-related 
activities as opportunities are presented through the 
achievement of successful arms control agreements.

              TITLE II--ON-SITE INSPECTION ACTIVITIES \4\

          * * * * * * *
---------------------------------------------------------------------------
    \4\ Title II added a new title V to the Arms Control and 
Disarmament Act. For related legislation on United States program for 
on-site inspections under arms control agreements, see also sec. 1014 
of the National Defense Authorization Act for Fiscal Years 1990 and 
1991 (Public Law 101-189; 103 Stat. 1547).
e. Arms Control and Disarmament Act Authorization for Fiscal Years 1988 
                                and 1989

    Partial text of Public Law 100-213 [H.R. 2689], 101 Stat. 1444, 
                       approved December 24, 1987


          Note.--Except for the provisions included below, the 
        Act authorizing appropriations for ACDA for fiscal 
        years 1988 and 1989 consists of amendments to the Arms 
        Control and Disarmament Act. Those amendments have been 
        incorporated into that Act at the appropriate places.



   AN ACT To amend the Arms Control and Disarmament Act to authorize 
appropriations for the fiscal years 1988 and 1989 for the Arms Control 
            and Disarmament Agency, 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 ``Arms Control and Disarmament 
Amendments Act of 1987''.
          * * * * * * *

SEC. 3. STANDING CONSULTATIVE COMMISSION.

  (a) Findings.--The Congress finds that--
          (1) the Standing Consultative Commission was 
        established by the United States and the Soviet Union 
        under Article XIII of the Treaty on the Limitation of 
        Anti-Ballistic Missile Systems as a framework for 
        considering and resolving questions concerning 
        compliance with arms control obligations; and
          (2) the United States should raise and attempt to 
        resolve issues relating to compliance by the United 
        States and the Soviet Union with arms control 
        agreements in the Standing Consultative Commission.
  (b) \1\ * * *
---------------------------------------------------------------------------
    \1\ Subsec. (b) amended title III of the Arms Control and 
Disarmament Act by adding a new sec. 38 requiring the President to 
submit to Congress an annual report on the activities of the Standing 
Consultative Commission.
---------------------------------------------------------------------------
  (c) Study and Report.--The Director of the United States Arms 
Control and Disarmament Agency shall conduct a study to 
determine how the Standing Consultative Commission could be 
used more effectively to resolve arms control compliance 
issues. The Director shall report the results of this study to 
the Speaker of the House of Representatives and the chairman of 
the Committee on Foreign Relations of the Senate within 6 
months after the date of enactment of this Act.
          * * * * * * *

SEC. 6. ACDA INSPECTOR GENERAL

  (a) \2\ * * *
---------------------------------------------------------------------------
    \2\ Subsec. (a) amended title IV of the Arms Control and 
Disarmament Act by adding a new sec. 53 establishing an Office of the 
Inspector General of the Arms Control and Disarmament Agency.
---------------------------------------------------------------------------
  (b) Survey of ACDA Classified Information Security.--Not 
later than 90 days after the date of enactment of this Act, the 
Inspector General of the United States Arms Control and 
Disarmament Agency--
          (1) shall conduct a survey of physical, personnel, 
        document, and communications security programs, 
        procedures, and practices at the Agency for the 
        protection of classified information; and
          (2) shall submit a report on the results of that 
        survey, together with such recommendations for 
        improvement of classified information security at the 
        Agency as the Inspector General considers appropriate, 
        to the Director of the Agency and to the Committee on 
        Foreign Affairs \3\ of the House of Representatives and 
        the Committee on Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
f. Arms Control and Disarmament Act Authorization for Fiscal Years 1986 
                                and 1987

Partial text of Public Law 99-93 [Foreign Relations Authorization Act, 
 Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405 at 444, approved 
                            August 16, 1985


          Note.--Except for the provisions included below, this 
        Act consists of amendments to the Arms Control and 
        Disarmament Act and title V, United States Code. Those 
        amendments have been incorporated at the appropriate 
        places.



 AN ACT To authorize appropriations for fiscal years 1986 and 1987 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 705. NEW BUILDING IN GENEVA FOR THE USE OF THE UNITED STATES ARMS 
                    CONTROL NEGOTIATING TEAMS.

    (a) Findings.--The Congress finds that--
          (1) the United States is party to vital talks on arms 
        control in Geneva, Switzerland;
          (2) these talks include negotiations on strategic 
        nuclear weapons, intermediate range nuclear weapons, 
        space and defense systems, a bilateral United States-
        Soviet forum, called the Standing Consultative 
        Commission and a multilateral forum, called the 
        Conference on Disarmament;
          (3) the United States delegations to these talks 
        occupy buildings and spaces insufficiently secure, 
        modernized, or large enough to permit those delegations 
        to conduct their work efficiently;
          (4) the United States delegations to the strategic, 
        intermediate and space and defense talks in particular 
        occupy space in the Botanic Building that is also 
        occupied by offices of numerous other, non-United 
        States organizations, and shares common walls and 
        parking facilities with these delegations;
          (5) arms control negotiations require sophisticated 
        security facilities, telecommunications equipment, 
        simultaneous translation capabilities and other 
        specialized services; and
          (6) the Soviet Union, for its part, has made 
        available for its negotiating team a modern, secure, 
        well-equipped building dedicated for the use of its 
        arms control negotiating teams.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) in order to facilitate the effective work of the 
        United States arms control negotiating teams, and to 
        provide for them a dedicated structure capable of 
        supporting their vital tasks on a permanent basis, the 
        Secretary of State should submit to the Congress a 
        report on the feasibility, cost, location, and 
        requirements of a structure to house the United States 
        arms control negotiating teams in Geneva;
          (2) this report should be submitted as soon as 
        possible; and
          (3) this matter should be included in the 
        consideration of the 1985 supplemental appropriation 
        process.

SEC. 706. STUDY OF MEASURES TO ENHANCE CRISIS STABILITY AND CONTROL.

    (a) Study.--The Secretary of State and the Director of the 
Arms Control and Disarmament Agency shall conduct a detailed 
and complete study and evaluation of additional measures which 
both enhance the security of the United States and reduce the 
likelihood of nuclear weapons use by contributing to crisis 
stability or crisis control capabilities, including specific 
consideration of the following measures:
          (1) Increased redundancy of direct communications 
        link circuits, including the creation of new survivable 
        circuits and terminals, located outside the national 
        capital which have access to the command and control 
        system of the country in which they are located.
          (2) Establishment of redundant, survivable direct 
        communications links between and among all nuclear-
        armed states.
          (3) Conclusion of an agreement creating ``non-
        target'' sanctuaries only for certain direct 
        communications link circuits to enhance survivability 
        of communications.
          (4) Creation in advance of standard operating 
        procedures for communicating, and possibly cooperating, 
        with the Soviet Union and other states in the event of 
        nuclear attacks by third parties on either the United 
        States or Soviet Union.
          (5) Addition to the Incidents At Sea agreement of a 
        prohibition on the ``locking on'' of fire control 
        radars on ships and planes of the other side, an 
        agreement on the separation of naval forces during 
        specified periods of crisis, and other such measures 
        relevant to the Incidents At Sea agreement.
          (6) Placement by the United States and the Soviet 
        Union of unmanned launch sensors in the land-based 
        missile fields of both countries.
          (7) Establishment of anti-submarine operations free 
        zones designed to enhance the security of ballistic 
        missile submarines.
          (8) Installation of permissive action links aboard 
        the ballistic missile submarines of the United States, 
        which might possibly be activated or deactivated at 
        various levels of alert, and encouragement of the 
        Soviet Union to do the same.
          (9) Establishment of training programs for National 
        Command Authority officials to familiarize them with 
        alert procedures, communications capabilities, nuclear 
        weapons release authority procedures, and the crisis 
        control and stability implications thereof.
          (10) Include in standard operating procedure the 
        relocation in a crisis of a National Command Authority 
        official outside Washington, D.C. to a secure location 
        with access to the strategic command and control 
        system, and announce the institution of this procedure 
        to relevant foreign governments.
    (b) Report.--The Secretary of State and the Director of the 
Arms Control and Disarmament Agency shall submit a report of 
the study and evaluation under subsection (a) to the Committees 
on Armed Services and Foreign Relations of the Senate and the 
Committees on Armed Services and Foreign Affairs of the House 
of Representatives \1\ by January 1, 1986. Such report should 
be available in both a classified, if necessary, and 
unclassified format.
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------

SEC 707. POLICY TOWARD BANNING CHEMICAL WEAPONS.

    (a) Findings. --The Congress finds that--
          (1) chemical weapons are among the most terrible 
        weapons in today's military arsenals;
          (2) it is the objective of the United States to 
        eliminate the threat of chemical warfare through a 
        comprehensive and verifiable ban on chemical weapons;
          (3) the United States is vigorously pursuing a 
        multilateral agreement to ban chemical weapons;
          (4) the negotiation of a verifiable, bilateral 
        agreement between the United States and the Soviet 
        Union would be a significant step toward achieving a 
        worldwide ban on chemical weapons;
          (5) bilateral discussions relating to a ban on 
        chemical weapons took place in July and August of 1984 
        between the United States and Soviet delegations to the 
        Conference on Disarmament; and
          (6) such endeavors could serve the security interests 
        of humankind.
    (b) Sense of Congress.--It is the sense of the Congress 
that the President--
          (1) should be commended for his efforts to negotiate 
        a multilateral agreement banning chemical weapons;
          (2) should continue to pursue vigorously such an 
        agreement; and
          (3) should seek the continuation and development of 
        bilateral discussions between the United States and the 
        Soviet Union to achieve a comprehensive and verifiable 
        ban on chemical weapons.

SEC. 708. POLICY REGARDING A JOINT STUDY BY THE UNITED STATES AND THE 
                    SOVIET UNION OF THE CONSEQUENCES OF NUCLEAR WINTER.

    It is the sense of the Congress that the President should 
propose to the Government of the Soviet Union during any arms 
control talks held with such Government that--
          (1) the United States and the Soviet Union should 
        jointly study the atmospheric, climatic, environmental, 
        and biological consequences of nuclear explosions, 
        sometimes known as ``nuclear winter'', and the impact 
        that nuclear winter would have on the national security 
        of both nations;
          (2) such a joint study should include the sharing and 
        exchange of information and findings on the nuclear 
        winter phenomena and make recommendations on possible 
        joint research projects that would benefit both 
        nations; and
          (3) at an appropriate time the other nuclear weapons 
        states (the United Kingdom, France, and the People's 
        Republic of China) should be involved in the study.
                    3. Cooperative Threat Reduction

           a. Cooperative Threat Reduction, Fiscal Year 2001

Partial text of Public Law 106-398 [National Defense Authorization Act, 
 Fiscal Year 2001; H.R. 5408, enacted by reference in H.R. 4205], 114 
                 Stat. 1654, approved October 30, 2000

 AN ACT To authorize appropriations for fiscal year 2001 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION 
                    ACT.

    The provisions of H.R. 5408 of the 106th Congress, as 
introduced on October 6, 2000, are hereby enacted into law.
          * * * * * * *

                          APPENDIX --H.R. 5408

          * * * * * * *

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 
2001''.
          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 2001 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          (1)-(22) * * *
          (23) For Cooperative Threat Reduction programs, 
        $443,400,000.
          (24)-(25) * * *
          * * * * * * *

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional 
          weapons.
Sec. 1304. Limitations on use of funds for fissile material storage 
          facility.
Sec. 1305. Limitation on use of funds to support warhead dismantlement 
          processing.
Sec. 1306. Agreement on nuclear weapons storage sites.
Sec. 1307. Limitation on use of funds for construction of fossil fuel 
          energy plants; report.
Sec. 1308. Reports on activities and assistance under Cooperative Threat 
          Reduction programs.
Sec. 1309. Russian chemical weapons elimination.
Sec. 1310. Limitation on use of funds for elimination of weapons grade 
          plutonium program.
Sec. 1311. Report on audits of Cooperative Threat Reduction programs.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
                    FUNDS.

    (a) Specification of CTR Programs.--For purposes of section 
301 and other provisions of this Act, Cooperative Threat 
Reduction programs are the programs specified in section 
1501(b) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
note).
    (b) Fiscal Year 2001 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 2001 
Cooperative Threat Reduction funds'' means the funds 
appropriated pursuant to the authorization of appropriations in 
section 301 for Cooperative Threat Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to 
the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs shall be available for 
obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $443,400,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2001 in section 301(23) for Cooperative Threat 
Reduction programs, not more than the following amounts may be 
obligated for the purposes specified:
          (1) For strategic offensive arms elimination in 
        Russia, $177,800,000.
          (2) For strategic nuclear arms elimination in 
        Ukraine, $29,100,000.
          (3) For activities to support warhead dismantlement 
        processing in Russia, $9,300,000.
          (4) For weapons transportation security in Russia, 
        $14,000,000.
          (5) For planning, design, and construction of a 
        storage facility for Russian fissile material, 
        $57,400,000.
          (6) For weapons storage security in Russia, 
        $89,700,000.
          (7) For development of a cooperative program with the 
        Government of Russia to eliminate the production of 
        weapons grade plutonium at Russian reactors, 
        $32,100,000.
          (8) For biological weapons proliferation prevention 
        activities in the former Soviet Union, $12,000,000.
          (9) For activities designated as Other Assessments/
        Administrative Support, $13,000,000.
          (10) For defense and military contacts, $9,000,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2001 Cooperative Threat Reduction 
funds may be obligated or expended for a purpose other than a 
purpose listed in paragraphs (1) through (10) of subsection (a) 
until 30 days after the date that the Secretary of Defense 
submits to Congress a report on the purpose for which the funds 
will be obligated or expended and the amount of funds to be 
obligated or expended. Nothing in the preceding sentence shall 
be construed as authorizing the obligation or expenditure of 
fiscal year 2001 Cooperative Threat Reduction funds for a 
purpose for which the obligation or expenditure of such funds 
is specifically prohibited under this title or any other 
provision of law.
    (c) Limited Authority To Vary Individual Amounts.--(1) 
Subject to paragraphs (2) and (3), in any case in which the 
Secretary of Defense determines that it is necessary to do so 
in the national interest, the Secretary may obligate amounts 
appropriated for fiscal year 2001 for a purpose listed in any 
of the paragraphs in subsection (a) in excess of the amount 
specifically authorized for such purpose.
    (2) An obligation of funds for a purpose stated in any of 
the paragraphs in subsection (a) in excess of the specific 
amount authorized for such purpose may be made using the 
authority provided in paragraph (1) only after--
          (A) the Secretary submits to Congress notification of 
        the intent to do so together with a complete discussion 
        of the justification for doing so; and
          (B) 15 days have elapsed following the date of the 
        notification.
    (3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts for the purposes stated in any 
of paragraphs (4), (5), (7), (9), or (10) of subsection (a) in 
excess of 115 percent of the amount specifically authorized for 
such purposes.

SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF CONVENTIONAL 
                    WEAPONS.

    No fiscal year 2001 Cooperative Threat Reduction funds, and 
no funds appropriated for Cooperative Threat Reduction programs 
for any other fiscal year, may be obligated or expended for 
elimination of conventional weapons or the delivery vehicles 
primarily intended to deliver such weapons.

SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE 
                    FACILITY.

    (a) Limitations.--No fiscal year 2001 Cooperative Threat 
Reduction funds may be used--
          (1) for construction of a second wing for the storage 
        facility for Russian fissile material referred to in 
        section 1302(a)(5); or
          (2) for design or planning with respect to such 
        facility until 15 days after the date that the 
        Secretary of Defense submits to Congress notification 
        that Russia and the United States have signed a written 
        transparency agreement that provides for verification 
        that material stored at the facility is of weapons 
        origin.
    (b) Establishment of Funding Cap For First Wing of Storage 
Facility.--Out of funds authorized to be appropriated for 
Cooperative Threat Reduction programs for fiscal year 2001 or 
any other fiscal year, not more than $412,600,000 may be used 
for planning, design, or construction of the first wing for the 
storage facility for Russian fissile material referred to in 
section 1302(a)(5).

SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD DISMANTLEMENT 
                    PROCESSING.

    No fiscal year 2001 Cooperative Threat Reduction funds may 
be used for activities to support warhead dismantlement 
processing in Russia until 15 days after the date that the 
Secretary of Defense submits to Congress notification that the 
United States has reached an agreement with Russia, which shall 
provide for appropriate transparency measures, regarding 
assistance by the United States with respect to such 
processing.

SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.

    The Secretary of Defense shall seek to enter into an 
agreement with Russia regarding procedures to allow the United 
States appropriate access to nuclear weapons storage sites for 
which assistance under Cooperative Threat Reduction programs is 
provided.

SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF FOSSIL FUEL 
                    ENERGY PLANTS; REPORT.

    (a) In General.--No fiscal year 2001 Cooperative Threat 
Reduction funds may be used for the construction of a fossil 
fuel energy plant intended to provide power to local 
communities that already receive power from nuclear energy 
plants that produce plutonium.
    (b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report detailing options for assisting Russia in the 
development of alternative energy sources to the three 
plutonium production reactors remaining in operation in Russia. 
The report shall include--
          (1) an assessment of the costs of building fossil 
        fuel plants in Russia to replace the existing plutonium 
        production reactors; and
          (2) an identification of funding sources, other than 
        Cooperative Threat Reduction funds, that could possibly 
        be used for the construction of such plants in the 
        event that the option to use fossil fuel energy is 
        chosen as part of a plan to shut down Russia's nuclear 
        plutonium production reactors at Seversk and 
        Zelenogorsk.

SEC. 1308. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE 
                    THREAT REDUCTION PROGRAMS.

    (a) Annual Report.--In any year in which the budget of the 
President under section 1105 of title 31, United States Code, 
for the fiscal year beginning in such year requests funds for 
the Department of Defense for assistance or activities under 
Cooperative Threat Reduction programs with the states of the 
former Soviet Union, the Secretary of Defense shall submit to 
Congress a report on activities and assistance during the 
preceding fiscal year under Cooperative Threat Reduction 
programs setting forth the matters in subsection (c).
    (b) Deadline for Report.--The report under subsection (a) 
shall be submitted not later than the first Monday in February 
of a year.
    (c) Matters To Be Included.--The report under subsection 
(a) in a year shall set forth the following:
          (1) An estimate of the total amount that will be 
        required to be expended by the United States in order 
        to achieve the objectives of the Cooperative Threat 
        Reduction programs.
          (2) A five-year plan setting forth the amount of 
        funds and other resources proposed to be provided by 
        the United States for Cooperative Threat Reduction 
        programs over the term of the plan, including the 
        purpose for which such funds and resources will be 
        used, and to provide guidance for the preparation of 
        annual budget submissions with respect to Cooperative 
        Threat Reduction programs.
          (3) A description of the Cooperative Threat Reduction 
        activities carried out during the fiscal year ending in 
        the year preceding the year of the report, including--
                  (A) the amounts notified, obligated, and 
                expended for such activities and the purposes 
                for which such amounts were notified, 
                obligated, and expended for such fiscal year 
                and cumulatively for Cooperative Threat 
                Reduction programs;
                  (B) a description of the participation, if 
                any, of each department and agency of the 
                United States Government in such activities;
                  (C) a description of such activities, 
                including the forms of assistance provided;
                  (D) a description of the United States 
                private sector participation in the portion of 
                such activities that were supported by the 
                obligation and expenditure of funds for 
                Cooperative Threat Reduction programs; and
                  (E) such other information as the Secretary 
                of Defense considers appropriate to inform 
                Congress fully of the operation of Cooperative 
                Threat Reduction programs and activities, 
                including with respect to proposed 
                demilitarization or conversion projects, 
                information on the progress toward 
                demilitarization of facilities and the 
                conversion of the demilitarized facilities to 
                civilian activities.
          (4) A description of the audits, examinations, and 
        other efforts, such as on-site inspections, conducted 
        by the United States during the fiscal year ending in 
        the year preceding the year of the report to ensure 
        that assistance provided under Cooperative Threat 
        Reduction programs is fully accounted for and that such 
        assistance is being used for its intended purpose, 
        including--
                  (A) if such assistance consisted of 
                equipment, a description of the current 
                location of such equipment and the current 
                condition of such equipment;
                  (B) if such assistance consisted of contracts 
                or other services, a description of the status 
                of such contracts or services and the methods 
                used to ensure that such contracts and services 
                are being used for their intended purpose;
                  (C) a determination whether the assistance 
                described in subparagraphs (A) and (B) has been 
                used for its intended purpose; and
                  (D) a description of the audits, 
                examinations, and other efforts planned to be 
                carried out during the fiscal year beginning in 
                the year of the report to ensure that 
                Cooperative Threat Reduction assistance 
                provided during such fiscal year is fully 
                accounted for and is used for its intended 
                purpose.
          (5) A current description of the tactical nuclear 
        weapons arsenal of Russia, including--
                  (A) an estimate of the current types, 
                numbers, yields, viability, locations, and 
                deployment status of the nuclear warheads in 
                that arsenal;
                  (B) an assessment of the strategic relevance 
                of such warheads;
                  (C) an assessment of the current and 
                projected threat of theft, sale, or 
                unauthorized use of such warheads; and
                  (D) a summary of past, current, and planned 
                United States efforts to work cooperatively 
                with Russia to account for, secure, and reduce 
                Russia's stockpile of tactical nuclear warheads 
                and associated fissile materials.
    (d) Input of DCI.--The Director of Central Intelligence 
shall submit to the Secretary of Defense the views of the 
Director on any matters covered by subsection (c)(5) in a 
report under subsection (a). Such views shall be included in 
such report as a classified annex to such report.
    (e) Comptroller General Assessment.--Not later than 90 days 
after the date on which a report is submitted to Congress under 
subsection (a), the Comptroller General shall submit to 
Congress a report setting forth the Comptroller General's 
assessment of the information described in paragraphs (2) and 
(4) of subsection (c).
    (f) First Report.--The first report submitted under 
subsection (a) shall be submitted in 2001.
    (g) Repeal of Superseded Reporting Requirements.--(1) The 
following provisions of law are repealed:
          (A) Section 1207 of the Cooperative Threat Reduction 
        Act of 1994 (title XII of Public Law 103-160; 107 Stat. 
        1782; 22 U.S.C. 5956), relating to semiannual reports 
        on Cooperative Threat Reduction.
          (B) Section 1203 of the National Defense 
        Authorization Act for Fiscal Year 1995 (Public Law 103-
        337; 108 Stat. 2882), relating to a report accounting 
        for United States assistance for Cooperative Threat 
        Reduction.
          (C) Section 1206 of the National Defense 
        Authorization Act for Fiscal Year 1996 (Public Law 104-
        106; 22 U.S.C. 5955 note), relating to accounting for 
        United States assistance for Cooperative Threat 
        Reduction.
          (D) Section 1307 of the National Defense 
        Authorization Act for Fiscal Year 2000 (Public Law 106-
        65; 113 Stat. 795), relating to a limitation on use of 
        funds for Cooperative Threat Reduction pending 
        submittal of a multiyear plan.
    (2) Effective on the date the Secretary of Defense submits 
to Congress an updated version of the multiyear plan for fiscal 
year 2001 as described in subsection (h), section 1205 of the 
National Defense Authorization Act for Fiscal Year 1995 (108 
Stat. 2883; 10 U.S.C. 5952 note), relating to multiyear 
planning and Allied support for Cooperative Threat Reduction, 
is repealed.
    (3) Section 1312 of the National Defense Authorization Act 
for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note), 
relating to Russian nonstrategic nuclear arms, is amended--
          (A) by striking ``(a) Sense of Congress.--''; and
          (B) by striking subsections (b) and (c).
    (h) Limitation on Use of Funds Until Submission of 
Multiyear Plan.--Not more than 10 percent of fiscal year 2001 
Cooperative Threat Reduction funds may be obligated or expended 
until the Secretary of Defense submits to Congress an updated 
version of the multiyear plan for fiscal year 2001 required to 
be submitted under section 1205 of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22 
U.S.C. 5952 note).
    (i) Report on Russian Nonstrategic Nuclear Arms.--Not later 
than 30 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress a report on the 
following regarding Russia's arsenal of tactical nuclear 
warheads:
          (1) Estimates regarding current types, numbers, 
        yields, viability, locations, and deployment status of 
        the warheads.
          (2) An assessment of the strategic relevance of the 
        warheads.
          (3) An assessment of the current and projected threat 
        of theft, sale, or unauthorized use of the warheads.
          (4) A summary of past, current, and planned United 
        States efforts to work cooperatively with Russia to 
        account for, secure, and reduce Russia's stockpile of 
        tactical nuclear warheads and associated fissile 
        material.

SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.

    (a) Sense of Congress.--It is the sense of Congress that 
the international community should, when practicable, assist 
Russia in eliminating its chemical weapons stockpile in 
accordance with Russia's obligations under the Chemical Weapons 
Convention, and that the level of such assistance should be 
based on--
          (1) full and accurate disclosure by Russia of the 
        size of its existing chemical weapons stockpile;
          (2) a demonstrated annual commitment by Russia to 
        allocate at least $25,000,000 to chemical weapons 
        elimination;
          (3) development by Russia of a practical plan for 
        destroying its stockpile of nerve agents;
          (4) enactment of a law by Russia that provides for 
        the elimination of all nerve agents at a single site; 
        and
          (5) an agreement by Russia to destroy its chemical 
        weapons production facilities at Volgograd and 
        Novocheboksark.
    (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House of 
Representatives a report that identifies--
          (1) the amount spent by Russia for chemical weapons 
        elimination during fiscal year 2000;
          (2) the specific assistance being provided to Russia 
        by the international community for the safe storage and 
        elimination of Russia's stockpile of nerve agents, 
        including those nerve agents located at the Shchuch'ye 
        depot;
          (3) the countries providing the assistance identified 
        in paragraph (2); and
          (4) the value of the assistance that the 
        international community has already provided and has 
        committed to provide in future years for the purpose 
        described in paragraph (2).
    (c) Chemical Weapons Convention Defined.--In this section, 
the term ``Chemical Weapons Convention'' means the Convention 
on the Prohibition of the Development, Production, Stockpiling 
and Use of Chemical Weapons and on Their Destruction, opened 
for signature on January 13, 1993.

SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE 
                    PLUTONIUM PROGRAM.

    Of the amounts authorized to be appropriated by this Act 
for fiscal year 2001 for the Elimination of Weapons Grade 
Plutonium Program, not more than 50 percent of such amounts may 
be obligated or expended for the program in fiscal year 2001 
until 30 days after the date on which the Secretary of Defense 
submits to the Committees on Armed Services of the Senate and 
House of Representatives a report on an agreement between the 
United States Government and the Government of the Russian 
Federation regarding a new option selected for the shut down or 
conversion of the reactors of the Russian Federation that 
produce weapons grade plutonium, including--
          (1) the new date on which such reactors will cease 
        production of weapons grade plutonium under such 
        agreement by reason of the shut down or conversion of 
        such reactors; and
          (2) any cost-sharing arrangements between the United 
        States Government and the Government of the Russian 
        Federation in undertaking activities under such 
        agreement.

SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.

    Not later than March 31, 2001, the Comptroller General 
shall submit to Congress a report examining the procedures and 
mechanisms with respect to audits by the Department of Defense 
of the use of funds for Cooperative Threat Reduction programs. 
The report shall examine the following:
          (1) Whether the audits being conducted by the 
        Department of Defense are producing necessary 
        information regarding whether assistance under such 
        programs, including equipment provided and services 
        furnished, is being used as intended.
          (2) Whether the audit procedures of the Department of 
        Defense are adequate, including whether random 
        samplings are used.
          * * * * * * *
          b. Cooperative Threat Reduction Appropriations, 2001

Partial text of Public Law 106-259 [H.R. 4576], 114 Stat. 656, approved 
                             August 9, 2000

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 2001, and for other purposes.

    Be it enacted by the Senate and house of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2001, for military functions administered by the 
Department of Defense, and for other purposes, namely:
          * * * * * * *

                                TITLE II

          * * * * * * *

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure 
transportation and storage of nuclear, chemical and other 
weapons; for establishing programs to prevent the proliferation 
of weapons, weapons components, and weapon-related technology 
and expertise; for programs relating to the training and 
support of defense and military personnel for demilitarization 
and protection of weapons, weapons components and weapons 
technology and expertise, $443,400,000, to remain available 
until September 30, 2003: Provided, that of the amounts 
provided under this heading, $25,000,000 shall be available 
only to support the dismantling and disposal of nuclear 
submarines and submarine reactor components in the Russian Far 
East.
          * * * * * * *
           c. Cooperative Threat Reduction, Fiscal Year 2000

 Partial text of Public Law 106-65 [National Defense Authorization Act 
  for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5, 
 1999; amended by Public Law 106-398 [Floyd D. Spence National Defense 
  Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654, 
                       approved October 30, 2000

 AN ACT To authorize appropriations for fiscal year 2000 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 2000''.
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

          * * * * * * *

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 2000 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          (1)-(22) * * *
          (23) For Cooperative Threat Reduction programs, 
        $475,500,000.
          (24)-(25) * * *
          * * * * * * *

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage 
          facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United 
          States assistance under Cooperative Threat Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
                    FUNDS.

    (a) \1\ Specification of CTR Programs.--For purposes of 
section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 
1501(b) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
note).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (b) \1\ Fiscal Year 2000 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 2000 
Cooperative Threat Reduction funds'' means the funds 
appropriated pursuant to the authorization of appropriations in 
section 301 for Cooperative Threat Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to 
the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs shall be available for 
obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $475,500,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2000 in section 301(23) for Cooperative Threat 
Reduction programs, not more than the following amounts may be 
obligated for the purposes specified:
          (1) For strategic offensive arms elimination in 
        Russia, $177,300,000.
          (2) For strategic nuclear arms elimination in 
        Ukraine, $41,800,000.
          (3) For activities to support warhead dismantlement 
        processing in Russia, $9,300,000.
          (4) For security enhancements at chemical weapons 
        storage sites in Russia, $20,000,000.
          (5) For weapons transportation security in Russia, 
        $15,200,000.
          (6) For planning, design, and construction of a 
        storage facility for Russian fissile material, 
        $64,500,000.
          (7) For weapons storage security in Russia, 
        $99,000,000.
          (8) For development of a cooperative program with the 
        Government of Russia to eliminate the production of 
        weapons grade plutonium at Russian reactors, 
        $32,300,000.
          (9) For biological weapons proliferation prevention 
        activities in Russia, $12,000,000.
          (10) For activities designated as Other Assessments/
        Administrative Support, $1,800,000.
          (11) For defense and military contacts, $2,300,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2000 Cooperative Threat Reduction 
funds may be obligated or expended for a purpose other than a 
purpose listed in paragraphs (1) through (11) of subsection (a) 
until 30 days after the date that the Secretary of Defense 
submits to Congress a report on the purpose for which the funds 
will be obligated or expended and the amount of funds to be 
obligated or expended. Nothing in the preceding sentence shall 
be construed as authorizing the obligation or expenditure of 
fiscal year 2000 Cooperative Threat Reduction funds for a 
purpose for which the obligation or expenditure of such funds 
is specifically prohibited under this title.
    (c) Limited Authority to Vary Individual Amounts.--(1) 
Subject to paragraphs (2) and (3), in any case in which the 
Secretary of Defense determines that it is necessary to do so 
in the national interest, the Secretary may obligate amounts 
appropriated for fiscal year 2000 for a purpose listed in any 
of the paragraphs in subsection (a) in excess of the amount 
specifically authorized for such purpose.
    (2) An obligation of funds for a purpose stated in any of 
the paragraphs in subsection (a) in excess of the specific 
amount authorized for such purpose may be made using the 
authority provided in paragraph (1) only after--
          (A) the Secretary submits to Congress notification of 
        the intent to do so together with a complete discussion 
        of the justification for doing so; and
          (B) 15 days have elapsed following the date of the 
        notification.
    (3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts for the purposes stated in any 
of paragraphs (4) through (6), (8), (10), or (11) of subsection 
(a) in excess of 115 percent of the amount specifically 
authorized for such purposes.

SEC. 1303.\1\ PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

    (a) In General.--No fiscal year 2000 Cooperative Threat 
Reduction funds, and no funds appropriated for Cooperative 
Threat Reduction programs after the date of the enactment of 
this Act, may be obligated or expended for any of the following 
purposes:
          (1) Conducting with Russia any peacekeeping exercise 
        or other peacekeeping-related activity.
          (2) Provision of housing.
          (3) Provision of assistance to promote environmental 
        restoration.
          (4) Provision of assistance to promote job 
        retraining.
    (b) Limitation with Respect to Defense Conversion 
Assistance.--None of the funds appropriated pursuant to the 
authorization of appropriations in section 301 of this Act, and 
no funds appropriated to the Department of Defense in any other 
Act enacted after the date of the enactment of this Act, may be 
obligated or expended for the provision of assistance to Russia 
or any other state of the former Soviet Union to promote 
defense conversion.
    (c) Limitation with Respect to Conventional Weapons.--No 
fiscal year 2000 Cooperative Threat Reduction funds may be 
obligated or expended for elimination of conventional weapons 
or the delivery vehicles primarily intended to deliver such 
weapons.

SEC. 1304.\1\ LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE 
                    FACILITY.

    (a) Limitations on Use of Fiscal Year 2000 Funds.--No 
fiscal year 2000 Cooperative Threat Reduction funds may be 
used--
          (1) for construction of a second wing for the storage 
        facility for Russian fissile material referred to in 
        section 1302(a)(6); or
          (2) for design or planning with respect to such 
        facility until 15 days after the date that the 
        Secretary of Defense submits to Congress notification 
        that Russia and the United States have signed a 
        verifiable written transparency agreement that ensures 
        that material stored at the facility is of weapons 
        origin.
    (b) Limitation on Construction.--No funds authorized to be 
appropriated for Cooperative Threat Reduction programs may be 
used for construction of the storage facility referred to in 
subsection (a) until the Secretary of Defense submits to 
Congress the following:
          (1) A certification that additional capacity is 
        necessary at such facility for storage of Russian 
        weapons-origin fissile material.
          (2) A detailed cost estimate for a second wing for 
        the facility.
          (3) A certification that Russia and the United States 
        have signed a verifiable written transparency agreement 
        that ensures that material stored at the facility is of 
        weapons origin.

SEC. 1305.\1\ LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS 
                    DESTRUCTION.

    No fiscal year 2000 Cooperative Threat Reduction funds, and 
no funds appropriated for Cooperative Threat Reduction programs 
after the date of the enactment of this Act, may be obligated 
or expended for planning, design, or construction of a chemical 
weapons destruction facility in Russia.

SEC. 1306. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORT.

    Not more than 50 percent of the fiscal year 2000 
Cooperative Threat Reduction funds may be obligated or expended 
until the Secretary of Defense submits to Congress a report 
describing--
          (1) with respect to each purpose listed in section 
        1302, whether the Department of Defense is the 
        appropriate executive agency to carry out Cooperative 
        Threat Reduction programs for such purpose, and if so, 
        why; and
          (2) for any purpose that the Secretary determines is 
        not appropriately carried out by the Department of 
        Defense, a plan for migrating responsibility for 
        carrying out such purpose to the appropriate agency.
---------------------------------------------------------------------------
    \2\ Sec. 1307 limited the use of CTR funds pending submittal of a 
multiyear plan. Repealed by sec. 1308(g)(1)(D) of Public Law 106-398 
(114 Stat. 1654A-343). Sec. 1308 of that Act repealed several CTR 
reporting requirements and established a new, consolidated, report on 
activities and assistance under CTR programs.
---------------------------------------------------------------------------

SEC. 1307.\2\ * * * [Repealed--2000]

SEC. 1308. REQUIREMENT TO SUBMIT REPORT.

    Not later than December 31, 1999, the Secretary of Defense 
shall submit to Congress a report including--
          (1) an explanation of the strategy of the Department 
        of Defense for encouraging States of the former Soviet 
        Union that receive funds through Cooperative Threat 
        Reduction programs to contribute financially to the 
        threat reduction effort;
          (2) a prioritization of the projects carried out by 
        the Department of Defense under Cooperative Threat 
        Reduction programs;
          (3) an identification of any limitations that the 
        United States has imposed or will seek to impose, 
        either unilaterally or through negotiations with 
        recipient States, on the level of assistance provided 
        by the United States for each of such projects; and
          (4) an identification of the amount of international 
        financial assistance provided for Cooperative Threat 
        Reduction programs by other States.

SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.

    Not later than March 31, 2000, the President shall submit 
to Congress a report on the Expanded Threat Reduction 
Initiative. Such report shall include a description of the 
plans for ensuring effective coordination between executive 
agencies in carrying out the Expanded Threat Reduction 
Initiative to minimize duplication of efforts.

SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
                    CERTIFICATION.

    No funds appropriated for fiscal year 1999 for Cooperative 
Threat Reduction programs and remaining available for 
obligation or expenditure may be obligated or expended for 
assistance for any country under a Cooperative Threat Reduction 
Program until the President resubmits to Congress an updated 
certification under section 1203(d) of the Cooperative Threat 
Reduction Act of 1993 (title XII of Public Law 103-160; 22 
U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 
22 U.S.C. 5902(d)), and section 502 of the Freedom for Russia 
and Emerging Eurasian Democracies and Open Markets Support Act 
of 1992 (Public Law 102-511; 22 U.S.C. 5852).

SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR UNITED 
                    STATES ASSISTANCE UNDER COOPERATIVE THREAT 
                    REDUCTION PROGRAMS.

    Section 1206(a)(2) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22 
U.S.C. 5955 note) is amended to read as follows:
    ``(2) The report shall be submitted under this section not 
later than January 31 of each year and shall cover the fiscal 
year ending in the preceding calendar year. No report is 
required under this section after the completion of the 
Cooperative Threat Reduction programs.''.

SEC. 1312.\3\ RUSSIAN NONSTRATEGIC NUCLEAR ARMS.

    It \4\ is the sense of Congress that--
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    \3\ 22 U.S.C. 5955 note.
    \4\ Sec. 1308(g)(3) of Public Law 106-398 (114 Stat. 1654A-343) 
struck out ``(a) Sense of Congress.--'' and further struck out subsec. 
(b) and (c), which had required inclusion of information on Russia's 
arsenal of tactical nuclear warheads and related details in the CTR 
annual report.
---------------------------------------------------------------------------
          (1) it is in the interest of Russia to fully 
        implement the Presidential Nuclear Initiatives 
        announced in 1991 and 1992 by then-President of the 
        Soviet Union Gorbachev and then-President of Russia 
        Yeltsin;
          (2) the President of the United States should call on 
        Russia to match the unilateral reductions in the United 
        States inventory of tactical nuclear weapons, which 
        have reduced the inventory by nearly 90 percent; and
          (3) if the re-certification under section 1310 is 
        made, the President should emphasize the continued 
        interest of the United States in working cooperatively 
        with Russia to reduce the dangers associated with 
        Russia's tactical nuclear arsenal.
          * * * * * * *
           d. Cooperative Threat Reduction, Fiscal Year 1999

  Partial text of Public Law 105-261 [Strom Thurmond National Defense 
  Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920, 
                       approved October 17, 1998

 AN ACT To authorize appropriations for fiscal year 1999 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999''.
    (b) Findings.--* * *
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1999 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          (1)-(22) * * *
          (23) For Cooperative Threat Reduction programs, 
        $440,400,000.
          (24) * * *
          * * * * * * *

  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitation on use of funds for chemical weapons destruction 
          activities in Russia.
Sec. 1305. Limitation on use of funds for biological weapons 
          proliferation prevention activities in Russia.
Sec. 1306. Cooperative counter-proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by project 
          category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet weapons 
          of mass destruction programs.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
                    FUNDS.

    (a) \1\ Specification of CTR Programs.--(1) For purposes of 
section 301 and other provisions of this Act, Cooperative 
Threat Reduction programs are the programs specified in section 
1501(b) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
note) (as amended by paragraph (2)).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (2) Section 1501(b)(3) of such Act is amended by inserting 
``materials,'' after ``components,''.
    (b) Fiscal Year 1999 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 1999 
Cooperative Threat Reduction funds'' means the funds 
appropriated pursuant to the authorization of appropriations in 
section 301 for Cooperative Threat Reduction programs.
    (c) Availability of Funds.--Funds appropriated pursuant to 
the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs shall be available for 
obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the amounts 
authorized to be appropriated to the Department of Defense for 
fiscal year 1999 in section 301(23), $440,400,000 shall be 
available to carry out Cooperative Threat Reduction programs, 
of which not more than the following amounts may be obligated 
for the purposes specified:
          (1) For strategic offensive arms elimination in 
        Russia, $142,400,000.
          (2) For strategic nuclear arms elimination in 
        Ukraine, $47,500,000.
          (3) For activities to support warhead dismantlement 
        processing in Russia, $9,400,000.
          (4) For activities associated with chemical weapons 
        destruction in Russia, $88,400,000.
          (5) For weapons transportation security in Russia, 
        $10,300,000.
          (6) For planning, design, and construction of a 
        storage facility for Russian fissile material, 
        $60,900,000.
          (7) For weapons storage security in Russia, 
        $41,700,000.
          (8) For development of a cooperative program with the 
        Government of Russia to eliminate the production of 
        weapons grade plutonium at Russian reactors, 
        $29,800,000.
          (9) For biological weapons proliferation prevention 
        activities in Russia, $2,000,000.
          (10) For activities designated as Other Assessments/
        Administrative Support, $8,000,000.
    (b) Limited Authority To Vary Individual Amounts.--(1) If 
the Secretary of Defense determines that it is necessary to do 
so in the national interest, the Secretary may, subject to 
paragraphs (2) and (3), obligate amounts for the purposes 
stated in any of the paragraphs of subsection (a) in excess of 
the amount specified for those purposes in that paragraph. 
However, the total amount obligated for the purposes stated in 
the paragraphs in subsection (a) may not by reason of the use 
of the authority provided in the preceding sentence exceed the 
sum of the amounts specified in those paragraphs.
    (2) An obligation for the purposes stated in any of the 
paragraphs in subsection (a) in excess of the amount specified 
in that paragraph may be made using the authority provided in 
paragraph (1) only after--
          (A) the Secretary submits to Congress notification of 
        the intent to do so together with a complete discussion 
        of the justification for doing so; and
          (B) 15 days have elapsed following the date of the 
        notification.
    (3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts appropriated for the purposes 
stated in any of paragraphs (3) through (10) of subsection (a) 
in excess of 115 percent of the amount stated in those 
paragraphs.

SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

    (a) In General.--No fiscal year 1999 Cooperative Threat 
Reduction funds, and no funds appropriated for Cooperative 
Threat Reduction programs for any prior fiscal year and 
remaining available for obligation, may be obligated or 
expended for any of the following purposes:
          (1) Conducting with Russia any peacekeeping exercise 
        or other peacekeeping-related activity.
          (2) Provision of housing.
          (3) Provision of assistance to promote environmental 
        restoration.
          (4) Provision of assistance to promote job 
        retraining.
    (b) Limitation With Respect to Defense Conversion 
Assistance.--None of the funds appropriated pursuant to this 
Act may be obligated or expended for the provision of 
assistance to Russia or any other state of the former Soviet 
Union to promote defense conversion.

SEC. 1304.\1\ LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS 
                    DESTRUCTION ACTIVITIES IN RUSSIA.

    (a) Limitation.--Subject to the limitation in section 
1405(b) of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 1961), no funds 
authorized to be appropriated for Cooperative Threat Reduction 
programs under this Act or any other Act may be obligated or 
expended for chemical weapons destruction activities in Russia 
(including activities for the planning, design, or construction 
of a chemical weapons destruction facility or for the 
dismantlement of an existing chemical weapons production 
facility) until the President submits to Congress a written 
certification described in subsection (b).
    (b) Presidential Certification.--A certification under this 
subsection is either of the following certifications by the 
President:
          (1) A certification that--
                  (A) Russia is making reasonable progress 
                toward the implementation of the Bilateral 
                Destruction Agreement;
                  (B) the United States and Russia have made 
                substantial progress toward the resolution, to 
                the satisfaction of the United States, of 
                outstanding compliance issues under the Wyoming 
                Memorandum of Understanding and the Bilateral 
                Destruction Agreement; and
                  (C) Russia has fully and accurately declared 
                all information regarding its unitary and 
                binary chemical weapons, chemical weapons 
                facilities, and other facilities associated 
                with chemical weapons.
          (2) \2\ A certification that the national security 
        interests of the United States could be undermined by a 
        policy of the United States not to carry out chemical 
        weapons destruction activities under Cooperative Threat 
        Reduction programs for which funds are authorized to be 
        appropriated under this Act or any other Act for fiscal 
        year 1999.
---------------------------------------------------------------------------
    \2\ In a memorandum of July 16, 1999 (64 F.R. 40503), the President 
delegated the authority in this section to the Secretary of Defense, 
further stating that such authority may be redelegated not lower than 
the Under Secretary level.
---------------------------------------------------------------------------
    (c) Definitions.--In this section:
          (1) The term ``Bilateral Destruction Agreement'' 
        means the Agreement Between the United States of 
        America and the Union of Soviet Socialist Republics on 
        Destruction and Non-production of Chemical Weapons and 
        on Measures to Facilitate the Multilateral Convention 
        on Banning Chemical Weapons signed on June 1, 1990.
          (2) The term ``Wyoming Memorandum of Understanding'' 
        means the Memorandum of Understanding Between the 
        Government of the United States of America and the 
        Government of the Union of Soviet Socialist Republics 
        Regarding a Bilateral Verification Experiment and Data 
        Exchange Related to Prohibition on Chemical Weapons, 
        signed at Jackson Hole, Wyoming, on September 23, 1989.

SEC. 1305. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS 
                    PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA.

    No fiscal year 1999 Cooperative Threat Reduction funds may 
be obligated or expended for biological weapons proliferation 
prevention activities in Russia until 15 days after the date on 
which the Secretary submits to the congressional defense 
committees a report on--
          (1) whether Cooperative Threat Reduction funds 
        provided for cooperative research activities at 
        biological research institutes in Russia have been 
        used--
                  (A) to support activities to develop new 
                strains of anthrax; or
                  (B) for any purpose inconsistent with the 
                objectives of providing such funds; and
          (2) the new strains of anthrax alleged to have been 
        developed at a biological research institute in Russia 
        and any efforts by the United States to examine such 
        strains.

SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM.

    (a) In General.--Of the amount authorized to be 
appropriated in section 1302 (other than the amounts authorized 
to be appropriated in subsections (a)(1) and (a)(2) of that 
section) and subject to the limitations in that section and 
subsection (b), the Secretary of Defense may provide a country 
of the former Soviet Union with emergency assistance for 
removing or obtaining from that country--
          (1) weapons of mass destruction; or
          (2) materials, equipment, or technology related to 
        the development or delivery of weapons of mass 
        destruction.
    (b) Certification Required.--(1) The Secretary may not 
provide assistance under subsection (a) until 15 days after the 
date that the Secretary submits to the congressional defense 
committees a certification in writing that the weapons, 
materials, equipment, or technology described in that 
subsection meet each of the following requirements:
          (A) The weapons, materials, equipment, or technology 
        are at risk of being sold or otherwise transferred to a 
        restricted foreign state or entity.
          (B) The transfer of the weapons, materials, 
        equipment, or technology would pose a significant near-
        term threat to the national security interests of the 
        United States or would significantly advance a foreign 
        country's weapon program that threatens the national 
        security interests of the United States.
          (C) Other options for securing or otherwise 
        preventing the transfer of the weapons, materials, 
        equipment, or technology have been considered and 
        rejected as ineffective or inadequate.
    (2) The 15-day notice requirement in paragraph (1) may be 
waived if the Secretary determines that compliance with the 
requirement would compromise the national security interests of 
the United States. In such case, the Secretary shall promptly 
notify the congressional defense committees of the 
circumstances regarding such determination in advance of 
providing assistance under subsection (a) and shall submit the 
certification required not later than 30 days after providing 
such assistance.
    (c) Content of Certifications.--Each certification required 
under subsection (b) shall contain information on the following 
with respect to the assistance being provided:
          (1) The specific assistance provided and the purposes 
        for which the assistance is being provided.
          (2) The sources of funds for the assistance.
          (3) Whether any assistance is being provided by any 
        other Federal department or agency.
          (4) The options considered and rejected for 
        preventing the transfer of the weapons, materials, 
        equipment, or technology, as described in subsection 
        (b)(1)(C).
          (5) Whether funding was requested by the Secretary 
        from other Federal departments or agencies.
          (6) Any additional information that the Secretary 
        determines is relevant to the assistance being 
        provided.
    (d) Additional Sources of Funding.--The Secretary may 
request assistance and accept funds from other Federal 
departments or agencies in carrying out this section.
    (e) Definitions.--In this section:
          (1) The term ``restricted foreign state or entity'', 
        with respect to weapons, materials, equipment, or 
        technology covered by a certification or notification 
        of the Secretary of Defense under subsection (b), 
        means--
                  (A) any foreign country the government of 
                which has repeatedly provided support for acts 
                of international terrorism, as determined by 
                the Secretary of State under section 620A of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2371); or
                  (B) any foreign state or entity that the 
                Secretary of Defense determines would 
                constitute a military threat to the United 
                States, its allies, or interests, if that 
                foreign state or entity were to possess the 
                weapons, materials, equipment, or technology.
          (2) The term ``weapons of mass destruction'' has the 
        meaning given that term in section 1403(1) of the 
        Defense Against Weapons of Mass Destruction Act of 1996 
        (title XIV of Public Law 104-201; 50 U.S.C. 2302(1)).

SEC. 1307.\1\ REQUIREMENT TO SUBMIT SUMMARY OF AMOUNTS REQUESTED BY 
                    PROJECT CATEGORY.

    (a) Summary Required.--The Secretary of Defense shall 
submit to Congress as part of the Secretary's annual budget 
request to Congress--
          (1) a descriptive summary, with respect to the 
        appropriations requested for Cooperative Threat 
        Reduction programs for the fiscal year after the fiscal 
        year in which the summary is submitted, of the amounts 
        requested for each project category under each 
        Cooperative Threat Reduction program element; and
          (2) a descriptive summary, with respect to 
        appropriations for Cooperative Threat Reduction 
        programs for the fiscal year in which the list is 
        submitted and the previous fiscal year, of the amounts 
        obligated or expended, or planned to be obligated or 
        expended, for each project category under each 
        Cooperative Threat Reduction program element.
    (b) Description of Purpose and Intent.--The descriptive 
summary required under subsection (a) shall include a narrative 
description of each program and project category under each 
Cooperative Threat Reduction program element that explains the 
purpose and intent of the funds requested.

SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.

    (a) Report.--Not later than March 1, 1999, the Secretary of 
Defense shall submit to the congressional defense committees a 
report, in classified and unclassified forms, containing--
          (1) an assessment of the extent of compliance by 
        Russia with international agreements relating to the 
        control of biological weapons; and
          (2) a detailed evaluation of the potential political 
        and military costs and benefits of collaborative 
        biological pathogen research efforts by the United 
        States and Russia.
    (b) Content of Report.--The report required under 
subsection (a) shall include the following:
          (1) An evaluation of the extent of the control and 
        oversight by the Government of Russia over the military 
        and civilian-military biological warfare programs 
        formerly controlled or overseen by states of the former 
        Soviet Union.
          (2) The extent and scope of continued biological 
        warfare research, development, testing, and production 
        in Russia, including the sites where such activity is 
        occurring and the types of activity being conducted.
          (3) An assessment of compliance by Russia with the 
        terms of the Biological Weapons Convention.
          (4) An identification and assessment of the measures 
        taken by Russia to comply with the obligations assumed 
        under the Joint Statement on Biological Weapons, agreed 
        to by the United States, the United Kingdom, and Russia 
        on September 14, 1992.
          (5) A description of the extent to which Russia has 
        permitted individuals from the United States or other 
        countries to visit military and nonmilitary biological 
        research, development, testing, and production sites in 
        order to resolve ambiguities regarding activities at 
        such sites.
          (6) A description of the information provided by 
        Russia about its biological weapons dismantlement 
        efforts to date.
          (7) An assessment of the accuracy and 
        comprehensiveness of declarations by Russia regarding 
        its biological weapons activities.
          (8) An identification of collaborative biological 
        research projects carried out by the United States and 
        Russia for which Cooperative Threat Reduction funds 
        have been used.
          (9) An evaluation of the political and military 
        utility of prior, existing, and prospective cooperative 
        biological pathogen research programs carried out 
        between the United States and Russia, and an assessment 
        of the impact of such programs on increasing Russian 
        military transparency with respect to biological 
        weapons activities.
          (10) An assessment of the political and military 
        utility of the long-term collaborative program 
        advocated by the National Academy of Sciences in its 
        October 27, 1997 report, ``Controlling Dangerous 
        Pathogens: A Blueprint for U.S.-Russian Cooperation''.

SEC. 1309. REPORT ON INDIVIDUALS WITH EXPERTISE IN FORMER SOVIET 
                    WEAPONS OF MASS DESTRUCTION PROGRAMS.

    Not later than January 31, 1999, the Secretary of Defense, 
in consultation with the Secretary of State, the Secretary of 
Energy, and any other appropriate officials, shall submit to 
the congressional defense committees a report on the number of 
individuals in the former Soviet Union who have significant 
expertise in the research, development, production, testing, 
and operational employment of ballistic missiles and weapons of 
mass destruction. The report shall contain the following:
          (1) A listing of the specific expertise of the 
        individuals, by category and discipline.
          (2) An assessment of which categories of expertise 
        would pose the greatest risks to the security of the 
        United States if that expertise were transferred to 
        potentially hostile states.
          (3) An estimate, by category, of the number of the 
        individuals in paragraph (1) who are fully or partly 
        employed at the time the report is submitted by the 
        military-industrial complex of the former Soviet Union, 
        the number of such individuals who are fully employed 
        at the time the report is submitted by commercial 
        ventures outside the military-industrial complex of the 
        former Soviet Union, and the number of such individuals 
        who are unemployed and underemployed at the time the 
        report is submitted.
          (4) An identification of the nature, scope, and cost 
        of activities conducted by the United States and other 
        countries to assist in the employment in 
        nonproliferation and nonmilitary-related endeavors and 
        enterprises of individuals involved in the weapons 
        complex of the former Soviet Union, and which 
        categories of individuals are being targeted in these 
        efforts.
          (5) An assessment of whether the activities 
        identified under paragraph (4) should be reduced, 
        maintained, or expanded.
          * * * * * * *
           e. Cooperative Threat Reduction, Fiscal Year 1998

 Partial text of Public Law 105-85 [National Defense Authorization Act 
for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18, 
                                  1997

 AN ACT To authorize appropriations for fiscal year 1998 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 1998''.
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1998 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          (1)-(22) * * *
          (23) For Cooperative Threat Reduction programs, 
        $382,200,000.
          (24) * * *
          * * * * * * *

 TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                                 UNION

Sec. 1401. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1402. Funding allocations.
Sec. 1403. Prohibition on use of funds for specified purposes.
Sec. 1404. Limitation on use of funds for projects related to START II 
          Treaty until submission of certification.
Sec. 1405. Limitation on use of funds for chemical weapons destruction 
          facility.
Sec. 1406. Limitation on use of funds for destruction of chemical 
          weapons.
Sec. 1407. Limitation on use of funds for storage facility for Russian 
          fissile material.
Sec. 1408. Limitation on use of funds for weapons storage security.
Sec. 1409. Report on issues regarding payment of taxes, duties, and 
          other assessments on assistance provided to Russia under 
          Cooperative Threat Reduction programs.
Sec. 1410. Availability of funds.

SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND 
                    FUNDS.

    (a) Specification of CTR Programs.--For purposes of section 
301 and other provisions of this Act, Cooperative Threat 
Reduction programs are the programs specified in section 
1501(b) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 
note).
    (b) Fiscal Year 1998 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 1998 
Cooperative Threat Reduction funds'' means the funds 
appropriated pursuant to the authorization of appropriations in 
section 301 for Cooperative Threat Reduction programs.

SEC. 1402. FUNDING ALLOCATIONS.

    (a) In General.--Of the fiscal year 1998 Cooperative Threat 
Reduction funds, not more than the following amounts may be 
obligated for the purposes specified:
          (1) For strategic offensive arms elimination in 
        Russia, $77,900,000.
          (2) For strategic nuclear arms elimination in 
        Ukraine, $76,700,000.
          (3) For fissile material containers in Russia, 
        $7,000,000.
          (4) For planning and design of a chemical weapons 
        destruction facility in Russia, $35,400,000.
          (5) For dismantlement of biological and chemical 
        weapons facilities in the former Soviet Union, 
        $20,000,000.
          (6) For planning, design, and construction of a 
        storage facility for Russian fissile material, 
        $57,700,000.
          (7) For weapons storage security in Russia, 
        $36,000,000.
          (8) For development of a cooperative program with the 
        Government of Russia to eliminate the production of 
        weapons grade plutonium at Russian reactors, 
        $41,000,000.
          (9) For activities designated as Defense and 
        Military-to-Military Contacts in Russia, Ukraine, and 
        Kazakhstan, $8,000,000.
          (10) For military-to-military programs of the United 
        States that focus on countering the threat of 
        proliferation of weapons of mass destruction and that 
        include the security forces of the independent states 
        of the former Soviet Union other than Russia, Ukraine, 
        Belarus, and Kazakstan, $2,000,000.
          (11) For activities designated as Other Assessments/
        Administrative Support $20,500,000.
    (b) Limited Authority To Vary Individual Amounts.--(1) If 
the Secretary of Defense determines that it is necessary to do 
so in the national interest, the Secretary may, subject to 
paragraphs (2) and (3), obligate amounts for the purposes 
stated in any of the paragraphs of subsection (a) in excess of 
the amount specified for those purposes in that paragraph. 
However, the total amount obligated for the purposes stated in 
the paragraphs in subsection (a) may not by reason of the use 
of the authority provided in the preceding sentence exceed the 
sum of the amounts specified in those paragraphs.
    (2) An obligation for the purposes stated in any of the 
paragraphs in subsection (a) in excess of the amount specified 
in that paragraph may be made using the authority provided in 
paragraph (1) only after--
          (A) the Secretary submits to Congress notification of 
        the intent to do so together with a complete discussion 
        of the justification for doing so; and
          (B) 15 days have elapsed following the date of the 
        notification.
    (3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts appropriated for the purposes 
stated in any of paragraphs (3) through (11) of subsection (a) 
in excess of 115 percent of the amount stated in those 
paragraphs.
    (c) Limited Waiver of 115 Percent Cap on Obligation in 
Excess of Amounts Authorized for Fiscal Years 1996 and 1997.--
(1) The limitation in subsection (b)(1) of section 1202 of the 
National Defense Authorization Act for Fiscal Year 1996 (Public 
Law 104-106; 110 Stat. 469), that provides that the authority 
provided in that sentence to obligate amounts specified for 
Cooperative Threat Reduction purposes in excess of the amount 
specified for each such purpose in subsection (a) of that 
section may not exceed 115 percent of the amounts specified, 
shall not apply with respect to subsection (a)(1) of such 
section for purposes of strategic offensive weapons elimination 
in Russia or the Ukraine.
    (2) The limitation in subsection (b)(1) of section 1502 of 
the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 110 Stat. 2732), that provides that the 
authority provided in that sentence to obligate amounts 
specified for Cooperative Threat Reduction purposes in excess 
of the amount specified for each such purpose in subsection (a) 
of that section may not exceed 115 percent of the amounts 
specified, shall not apply with respect to subsections (a)(2) 
and (a)(3) of such section.

SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

    (a) In General.--No fiscal year 1998 Cooperative Threat 
Reduction funds, and no funds appropriated for Cooperative 
Threat Reduction programs for any prior fiscal year and 
remaining available for obligation, may be obligated or 
expended for any of the following purposes:
          (1) Conducting with Russia any peacekeeping exercise 
        or other peacekeeping-related activity.
          (2) Provision of housing.
          (3) Provision of assistance to promote environmental 
        restoration.
          (4) Provision of assistance to promote job 
        retraining.
    (b) Limitation With Respect to Defense Conversion 
Assistance.--None of the funds appropriated pursuant to this 
Act may be obligated or expended for the provision of 
assistance to Russia or any other state of the former Soviet 
Union to promote defense conversion.

SEC. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED TO START II 
                    TREATY UNTIL SUBMISSION OF CERTIFICATION.

    No fiscal year 1998 Cooperative Threat Reduction funds may 
be obligated or expended for strategic offensive arms 
elimination projects in Russia related to the START II Treaty 
(as defined in section 1302(f)) until 30 days after the date on 
which the Secretary of Defense submits to Congress a 
certification in writing that--
          (1) implementation of the projects would benefit the 
        national security interest of the United States; and
          (2) Russia has agreed in an implementing agreement to 
        share the cost for the projects.

SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION 
                    FACILITY.

    (a) Limitation on Use of Funds Until Submission of 
Notifications to Congress.--No fiscal year 1998 Cooperative 
Threat Reduction funds may be obligated or expended for 
planning and design of a chemical weapons destruction facility 
until 15 days after the date that is the later of the 
following:
          (1) The date on which the Secretary of Defense 
        submits to Congress notification of an agreement 
        between the United States and Russia with respect to 
        such chemical weapons destruction facility that 
        includes--
                  (A) an agreement providing for a limitation 
                on the financial contribution by the United 
                States for the facility;
                  (B) an agreement that the United States will 
                not pay the costs for infrastructure determined 
                by Russia to be necessary to support the 
                facility; and
                  (C) an agreement on the location of the 
                facility.
          (2) The date on which the Secretary of Defense 
        submits to Congress notification that the Government of 
        Russia has formally approved a plan--
                  (A) that allows for the destruction of 
                chemical weapons in Russia; and
                  (B) that commits Russia to pay a portion of 
                the cost for the facility.
    (b) Prohibition on Use of Funds for Facility 
Construction.--No fiscal year 1998 Cooperative Threat Reduction 
funds authorized to be obligated in section 1402(a)(4) for 
planning and design of a chemical weapons destruction facility 
in Russia may be used for construction of such facility.

SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF CHEMICAL 
                    WEAPONS.

    (a) Limitation.--No funds authorized to be appropriated 
under this or any other Act for fiscal year 1998 for 
Cooperative Threat Reduction programs may be obligated or 
expended for chemical weapons destruction activities (including 
activities for the planning, design, or construction of a 
chemical weapons destruction facility or for the dismantlement 
of an existing chemical weapons production facility) until the 
President submits to Congress a written certification under 
subsection (b).
    (b) Presidential Certification.--A certification under this 
subsection is either of the following certifications by the 
President:
          (1) A certification that--
                  (A) Russia is making reasonable progress 
                toward the implementation of the Bilateral 
                Destruction Agreement;
                  (B) the United States and Russia have made 
                substantial progress toward the resolution, to 
                the satisfaction of the United States, of 
                outstanding compliance issues under the Wyoming 
                Memorandum of Understanding and the Bilateral 
                Destruction Agreement; and
                  (C) Russia has fully and accurately declared 
                all information regarding its unitary and 
                binary chemical weapons, chemical weapons 
                facilities, and other facilities associated 
                with chemical weapons.
          (2) A certification that the national security 
        interests of the United States could be undermined by a 
        United States policy not to carry out chemical weapons 
        destruction activities under the Cooperative Threat 
        Reduction programs for which funds are authorized to be 
        appropriated under this or any other Act for fiscal 
        year 1998.
    (c) Definitions.--For the purposes of this section:
          (1) The term ``Bilateral Destruction Agreement'' 
        means the Agreement Between the United States of 
        America and the Union of Soviet Socialist Republics on 
        Destruction and Nonproduction of Chemical Weapons and 
        on Measures to Facilitate the Multilateral Convention 
        on Banning Chemical Weapons, signed on June 1, 1990.
          (2) The term ``Wyoming Memorandum of Understanding'' 
        means the Memorandum of Understanding Between the 
        Government of the United States of America and the 
        Government of the Union of Soviet Socialist Republics 
        Regarding a Bilateral Verification Experiment and Data 
        Exchange Related to Prohibition on Chemical Weapons, 
        signed at Jackson Hole, Wyoming, on September 23, 1989.

SEC. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN 
                    FISSILE MATERIAL.

    No fiscal year 1998 Cooperative Threat Reduction funds may 
be obligated or expended for planning, design, or construction 
of a storage facility for Russian fissile material until 15 
days after the date that is the later of the following:
          (1) The date on which the Secretary of Defense 
        submits to Congress notification that an implementing 
        agreement between the United States and Russia has been 
        entered into that specifies the total cost to the 
        United States for the facility.
          (2) The date on which the Secretary submits to 
        Congress notification that an agreement has been 
        entered into between the United States and Russia 
        incorporating the principle of transparency with 
        respect to the use of the facility.

SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY.

    No fiscal year 1998 Cooperative Threat Reduction funds 
intended for weapons storage security activities in Russia may 
be obligated or expended until--
          (1) the Secretary of Defense submits to Congress a 
        report on the status of negotiations between the United 
        States and Russia on audits and examinations with 
        respect to weapons storage security; and
          (2) 15 days have elapsed following the date that the 
        report is submitted.

SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES, DUTIES, AND 
                    OTHER ASSESSMENTS ON ASSISTANCE PROVIDED TO RUSSIA 
                    UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

    Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
report on issues regarding payment of taxes, duties, and other 
assessments on assistance provided to Russia under Cooperative 
Threat Reduction programs. The report shall include the 
following:
          (1) A description of any disputes between the United 
        States and Russia with respect to payment by the United 
        States of taxes, duties and other assessments on 
        assistance provided to Russia under a Cooperative 
        Threat Reduction program, including a description of 
        the nature of each dispute, the amount of payment 
        disputed, whether the dispute was resolved, and if the 
        dispute was resolved, the means by which the dispute 
        was resolved.
          (2) A description of the actions taken by the 
        Secretary to prevent disputes in the future between the 
        United States and Russia with respect to payment by the 
        United States of taxes, duties, and other assessments 
        on assistance provided to Russia under a Cooperative 
        Threat Reduction program.
          (3) A description of any agreement between the United 
        States and Russia with respect to payment by the United 
        States of taxes, duties, or other assessments on 
        assistance provided to Russia under a Cooperative 
        Threat Reduction program.
          (4) Any proposals of the Secretary for actions that 
        should be taken to prevent disputes between the United 
        States and Russia with respect to payment by the United 
        States of taxes, duties, or other assessments on 
        assistance provided to Russia under a Cooperative 
        Threat Reduction program.

SEC. 1410. AVAILABILITY OF FUNDS.

    Funds appropriated pursuant to the authorization of 
appropriations in section 301 for Cooperative Threat Reduction 
programs shall be available for obligation for three fiscal 
years.
          * * * * * * *
         f. Cooperative Threat Reduction, Fiscal Year 1997 \1\

Partial text of Public Law 104-201 [National Defense Authorization Act 
 for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September 
   23, 1996; amended by Public Law 105-261 [Strom Thurmond National 
 Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 
                    1920, approved October 17, 1998

 AN ACT To authorize appropriations for fiscal year 1997 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ See also the Defense Against Weapons of Mass Destruction Act of 
1996 (title XIV of Public Law 104-201; 110 Stat. 2714): sec. 1402--
Findings (50 U.S.C. 2301 note); sec. 1424--International Border 
Security (50 U.S.C. 2333); sec. 1431--Coverage of Weapons-Usable 
Fissile Materials in Cooperative Threat Reduction Programs on 
Elimination or Transportation of Nuclear Weapons; sec. 1432--
Elimination of Plutonium Production (50 U.S.C. 2341); sec. 1452--
Transfers of Allocations Among Cooperative Threat Reduction Programs 
(50 U.S.C. 2362); sec. 1453--Sense of Congress Concerning Assistance to 
States of Former Soviet Union (50 U.S.C. 2363); sec. 1454--Purchase of 
Low-Enriched Uranium Derived From Russian Highly-Enriched Uranium (50 
U.S.C. 2364); and sec. 1455--Sense of Congress Concerning Purchase, 
Packaging, and Transportation of Fissile Materials at Risk of Theft (50 
U.S.C. 2365).
---------------------------------------------------------------------------

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense 
Authorization Act for Fiscal Year 1997''.

           *       *       *       *       *       *       *


TITLE III--OPERATION AND MAINTENANCE

           *       *       *       *       *       *       *


              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.
    Funds are hereby authorized to be appropriated for fiscal 
year 1997 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          (1)-(21) * * *
          (22) For Cooperative Threat Reduction programs, 
        $364,900,000.\2\
---------------------------------------------------------------------------
    \2\ Title II of the Department of Defense Appropriations Act, 1997 
(sec. 101(b) of title I of Public Law 104-208; 110 Stat. 3009), 
provided the following:
---------------------------------------------------------------------------

                 ``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
    ``For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise; $327,900,000, to remain available 
until expended.''.
---------------------------------------------------------------------------
          (23)-(24) * * *

           *       *       *       *       *       *       *


  TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                                 UNION

Sec. 1501. Specification of Cooperative Threat Reduction programs.
Sec. 1502. Fiscal year 1997 funding allocations.
Sec. 1503. Prohibition on use of funds for specified purposes.
Sec. 1504. Limitation on use of funds until specified reports are 
          submitted.
Sec. 1505. Availability of funds.

SEC. 1501.\3\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.

    (a) In General.--For purposes of section 301 and other 
provisions of this Act, Cooperative Threat Reduction programs 
are the programs specified in subsection (b).
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2362 note.
---------------------------------------------------------------------------
    (b) Specified Programs.--The programs referred to in 
subsection (a) are the following programs with respect to 
states of the former Soviet Union:
          (1) Programs to facilitate the elimination, and the 
        safe and secure transportation and storage, of nuclear, 
        chemical, and other weapons and their delivery 
        vehicles.
          (2) Programs to facilitate the safe and secure 
        storage of fissile materials derived from the 
        elimination of nuclear weapons.
          (3) Programs to prevent the proliferation of weapons, 
        weapons components, materials,\4\ and weapons-related 
        technology and expertise.
---------------------------------------------------------------------------
    \4\ Sec. 1301(a)(2) of Public Law 105-261; 112 Stat. 2161) inserted 
``materials,'' after ``components,''.
---------------------------------------------------------------------------
          (4) Programs to expand military-to-military and 
        defense contacts.

SEC. 1502. FISCAL YEAR 1997 FUNDING ALLOCATIONS.

    (a) In General.--Of the amount appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs, not more than the following amounts 
may be obligated for the purposes specified:
          (1) For planning and design of a chemical weapons 
        destruction facility in Russia, $78,500,000.
          (2) For elimination of strategic offensive arms in 
        Russia, $52,000,000.
          (3) For strategic nuclear arms elimination in 
        Ukraine, $47,000,000.
          (4) For planning and design of a storage facility for 
        Russian fissile material, $66,000,000.
          (5) For fissile material containers in Russia, 
        $38,500,000.
          (6) For weapons storage security in Russia, 
        $15,000,000.
          (7) For activities designated as Defense and 
        Military-to-Military Contacts in Russia, Ukraine, 
        Belarus, and Kazakhstan, $10,000,000.
          (8) For activities designated as Other Assessments/
        Administrative Support, $20,900,000.
          (9) For materials protection, control, and accounting 
        assistance or for destruction of nuclear, radiological, 
        biological, or chemical weapons or related materials at 
        any site within the former Soviet Union, $10,000,000.
          (10) For transfer to the Secretary of Energy to 
        develop a cooperative program with the Government of 
        Russia to eliminate the production of weapons grade 
        plutonium at Russian reactors, $10,000,000.
          (11) For dismantlement of biological and chemical 
        weapons facilities in the former Soviet Union, 
        $15,000,000.
          (12) For expanding military-to-military programs of 
        the United States that focus on countering the threat 
        of proliferation of weapons of mass destruction to 
        include the security forces of the independent states 
        of the former Soviet Union, particularly states in the 
        Caucasus region and Central Asia, $2,000,000.
    (b) Limited Authority To Vary Individual Amounts.--(1) \5\ 
If the Secretary of Defense determines that it is necessary to 
do so in the national interest, the Secretary may, subject to 
paragraph (2), obligate amounts for the purposes stated in any 
of the paragraphs of subsection (a) in excess of the amount 
specified for those purposes in that paragraph, but not in 
excess of 115 percent of that amount. However, the total amount 
obligated for the purposes stated in the paragraphs in 
subsection (a) may not by reason of the use of the authority 
provided in the preceding sentence exceed the sum of the 
amounts specified in those paragraphs.
---------------------------------------------------------------------------
    \5\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the 
following:
    ``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of 
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation 
in subsection (b)(1) of section 1202 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
469), that provides that the authority provided in that sentence to 
obligate amounts specified for Cooperative Threat Reduction purposes in 
excess of the amount specified for each such purpose in subsection (a) 
of that section may not exceed 115 percent of the amounts specified, 
shall not apply with respect to subsection (a)(1) of such section for 
purposes of strategic offensive weapons elimination in Russia or the 
Ukraine.
    ``(2) The limitation in subsection (b)(1) of section 1502 of the 
National Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 110 Stat. 2732), that provides that the authority provided in 
that sentence to obligate amounts specified for Cooperative Threat 
Reduction purposes in excess of the amount specified for each such 
purpose in subsection (a) of that section may not exceed 115 percent of 
the amounts specified, shall not apply with respect to subsections 
(a)(2) and (a)(3) of such section.''.
---------------------------------------------------------------------------
    (2) An obligation for the purposes stated in any of the 
paragraphs in subsection (a) in excess of the amount specified 
in that paragraph may be made using the authority provided in 
paragraph (1) only after--
          (A) the Secretary submits to Congress a notification 
        of the intent to do so together with a complete 
        discussion of the justification for doing so; and
          (B) 15 days have elapsed following the date of the 
        notification.

SEC. 1503. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

    (a) In General.--None of the funds appropriated pursuant to 
the authorization in section 301 for Cooperative Threat 
Reduction programs, or appropriated for such programs for any 
prior fiscal year and remaining available for obligation, may 
be obligated or expended for any of the following purposes:
          (1) Conducting with Russia any peacekeeping exercise 
        or other peacekeeping-related activity.
          (2) Provision of housing.
          (3) Provision of assistance to promote environmental 
        restoration.
          (4) Provision of assistance to promote job 
        retraining.
    (b) Limitation With Respect to Defense Conversion 
Assistance.--None of the funds appropriated to the Department 
of Defense for fiscal year 1997 may be obligated or expended 
for defense conversion.

SEC. 1504. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS ARE 
                    SUBMITTED.

    None of the funds appropriated pursuant to the 
authorization in section 301 for Cooperative Threat Reduction 
programs may be obligated or expended until 15 days after the 
date which is the latest of the following:
          (1) The date on which the President submits to 
        Congress the determinations required under subsection 
        (c) of section 211 of Public Law 102-228 (22 U.S.C. 
        2551 note) with respect to any certification 
        transmitted to Congress under subsection (b) of that 
        section before the date of the enactment of this Act.
          (2) The date on which the Secretary of Defense 
        submits to Congress the first report under section 
        1206(a) of the National Defense Authorization Act for 
        Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471).
          (3) The date on which the Secretary of Defense 
        submits to Congress the report for fiscal year 1996 
        required under section 1205(c) of the National Defense 
        Authorization Act for Fiscal Year 1995 (Public Law 103-
        337; 108 Stat. 2883).

SEC. 1505. AVAILABILITY OF FUNDS.

    Funds appropriated pursuant to the authorization of 
appropriations in section 301 for Cooperative Threat Reduction 
programs shall be available for obligation for three fiscal 
years.
           g. Cooperative Threat Reduction, Fiscal Year 1996

Partial text of Public Law 104-106 [National Defense Authorization Act 
 for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 10, 
1996; amended by Public Law 104-201 [National Defense Authorization Act 
 for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September 
  23, 1996; Public Law 106-65 [National Defense Authorization Act for 
 Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5, 1999; 
      and by Public Law 106-398 [Floyd D. Spence National Defense 
  Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654, 
                       approved October 30, 2000

 AN ACT To authorize appropriations for fiscal year 1996 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
 reform acquisition laws and information technology management of the 
              Federal Government, 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 ``National Defense 
Authorization Act for Fiscal Year 1996''.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1996 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance, in 
amounts as follows:
          (1)-(17) * * *
          (18) For Cooperative Threat Reduction programs, 
        $300,000,000.\1\
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    \1\ Title II of the Department of Defense Appropriations Act 
(Public Law 104-61; 109 Stat. 642, 674) provided the following:
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                 ``Former Soviet Union Threat Reduction
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    ``For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise; $300,000,000, to remain available 
until expended.
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          * * * * * * *

                          ``GENERAL PROVISIONS
          * * * * * * *
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    ``Sec. 8114. (a) Limitation.--Of the funds available under title II 
under the heading `Former Soviet Union Threat Reduction' for 
dismantlement and destruction of chemical weapons, not more than 
$52,000,000 may be obligated or expended for that purpose until the 
President certifies to Congress the following:
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          ``(1) That the United States and Russia have completed a 
        joint laboratory study evaluating the proposal of Russia to 
        neutralize its chemical weapons and the United States agrees 
        with the proposal.
          ``(2) That Russia is in the process of preparing, with the 
        assistance of the United States as necessary, a comprehensive 
        plan to manage the dismantlement and destruction of the Russia 
        chemical weapons stockpile.
          ``(3) That the United States and Russia are committed to 
        resolving outstanding issues under the 1989 Wyoming Memorandum 
        of Understanding and the 1990 Bilateral Destruction Agreement.
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    ``(b) Definitions.--In this section:
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          ``(1) The term `1989 Wyoming Memorandum of Understanding' 
        means the Memorandum of Understanding between the Government of 
        the United States of America and the Government of the Union of 
        Soviet Socialist Republics Regarding a Bilateral Verification 
        Experiment and Data Exchange Related to Prohibition on Chemical 
        Weapons, signed at Jackson Hole, Wyoming, on September 23, 
        1989.
          ``(2) The term `1990 Bilateral Destruction Agreement' means 
        the Agreement between the United States of America and the 
        Union of Soviet Socialist Republics on destruction and non-
        production of chemical weapons and on measures to facilitate 
        the multilateral convention on banning chemical weapons signed 
        on June 1, 1990.''.
          (19) * * *

           *       *       *       *       *       *       *


 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                                 UNION

SEC. 1201.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
    (a) In General.--For purposes of section 301 and other 
provisions of this Act, Cooperative Threat Reduction programs 
are the programs specified in subsection (b).
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    \2\ 22 U.S.C. 5955 note.
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    (b) Specified Programs.--The programs referred to in 
subsection (a) are the following programs with respect to 
states of the former Soviet Union:
          (1) Programs to facilitate the elimination, and the 
        safe and secure transportation and storage, of nuclear, 
        chemical, and other weapons, fissile material suitable 
        for use in nuclear weapons,\3\ and their delivery 
        vehicles.
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    \3\ Sec. 1431 of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 110 Stat. 2726) inserted ``, fissile 
material suitable for use in nuclear weapons,'' after ``other 
weapons''.
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          (2) Programs to facilitate the safe and secure 
        storage of fissile materials derived from the 
        elimination of nuclear weapons.
          (3) Programs to prevent the proliferation of weapons, 
        weapons components, and weapons-related technology and 
        expertise.
          (4) Programs to expand military-to-military and 
        defense contacts.

SEC. 1202. FISCAL YEAR 1996 FUNDING ALLOCATIONS.
    (a) In General.--Of the amount appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs, not more than the following amounts 
may be obligated for the purposes specified:
          (1) For elimination of strategic offensive weapons in 
        Russia, Ukraine, Belarus, and Kazakhstan, $90,000,000.
          (2) For weapons security in Russia, $42,500,000.
          (3) For the Defense Enterprise Fund, $0.
          (4) For nuclear infrastructure elimination in 
        Ukraine, Belarus, and Kazakhstan, $35,000,000.
          (5) For planning and design of a storage facility for 
        Russian fissile material, $29,000,000.
          (6) For planning and design of a chemical weapons 
        destruction facility in Russia, $73,000,000.
          (7) For activities designated as Defense and Military 
        Contacts/General Support/Training in Russia, Ukraine, 
        Belarus, and Kazakhstan, $10,000,000.
          (8) For activities designated as Other Assessments/
        Support $20,500,000.
    (b) Limited Authority To Vary Individual Amounts.--(1) \4\ 
If the Secretary of Defense determines that it is necessary to 
do so in the national interest, the Secretary may, subject to 
paragraph (2), obligate amounts for the purposes stated in any 
of the paragraphs of subsection (a) in excess of the amount 
specified for those purposes in that paragraph, but not in 
excess of 115 percent of that amount. However, the total amount 
obligated for the purposes stated in the paragraphs in 
subsection (a) may not by reason of the use of the authority 
provided in the preceding sentence exceed the sum of the 
amounts specified in those paragraphs.
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    \4\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the 
following:
    ``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of 
Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation 
in subsection (b)(1) of section 1202 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
469), that provides that the authority provided in that sentence to 
obligate amounts specified for Cooperative Threat Reduction purposes in 
excess of the amount specified for each such purpose in subsection (a) 
of that section may not exceed 115 percent of the amounts specified, 
shall not apply with respect to subsection (a)(1) of such section for 
purposes of strategic offensive weapons elimination in Russia or the 
Ukraine.
    ``(2) The limitation in subsection (b)(1) of section 1502 of the 
National Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 110 Stat. 2732), that provides that the authority provided in 
that sentence to obligate amounts specified for Cooperative Threat 
Reduction purposes in excess of the amount specified for each such 
purpose in subsection (a) of that section may not exceed 115 percent of 
the amounts specified, shall not apply with respect to subsections 
(a)(2) and (a)(3) of such section.''.
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    (2) An obligation for the purposes stated in any of the 
paragraphs in subsection (a) in excess of the amount specified 
in that paragraph may be made using the authority provided in 
paragraph (1) only after--
          (A) the Secretary submits to Congress a notification 
        of the intent to do so together with a complete 
        discussion of the justification for doing so; and
          (B) 15 days have elapsed following the date of the 
        notification.
    (c) Reimbursement of Pay Accounts.--Funds appropriated 
pursuant to the authorization of appropriations in section 301 
for Cooperative Threat Reduction programs may be transferred to 
military personnel accounts for reimbursement of those accounts 
for the amount of pay and allowances paid to reserve component 
personnel for service while engaged in any activity under a 
Cooperative Threat Reduction program.

SEC. 1203. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING EXERCISES AND 
                    RELATED ACTIVITIES WITH RUSSIA.
    None of the funds appropriated pursuant to the 
authorization in section 301 for Cooperative Threat Reduction 
programs may be obligated or expended for the purpose of 
conducting with Russia any peacekeeping exercise or other 
peacekeeping-related activity.

SEC. 1204. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS 
                    DESTRUCTION.
    Section 211 of Public Law 102-228 (22 U.S.C. 2551 note) is 
amended by adding at the end the following new subsection:
    ``(c) As part of a transmission to Congress under 
subsection (b) of a certification that a proposed recipient of 
United States assistance under this title is committed to 
carrying out the matters specified in each of paragraphs (1) 
through (6) of that subsection, the President shall include a 
statement setting forth, in unclassified form (together with a 
classified annex if necessary), the determination of the 
President, with respect to each such paragraph, as to whether 
that proposed recipient is at that time in fact carrying out 
the matter specified in that paragraph.''.

SEC. 1205.\5\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
    (a) Annual Requirement.--(1) Not less than 15 days before 
any obligation of any funds appropriated for any fiscal year 
for a program specified under section 1201 as a Cooperative 
Threat Reduction program, the Secretary of Defense shall submit 
to the congressional committees specified in paragraph (2) a 
report on that proposed obligation for that program for that 
fiscal year.
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    \5\ 22 U.S.C. 5955 note.
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    (2) The congressional committees referred to in paragraph 
(1) are the following:
          (A) The Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations 
        of the Senate.
          (B) The Committee on National Security,\6\ the 
        Committee on International Relations, and the Committee 
        on Appropriations of the House of Representatives.
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    \6\ The House Committee on National Security reverted back to its 
former name, Committee on Armed Services, in the 106th Congress. No 
legislation, however, was enacted to universally amend reference to 
that committee in Public Law. Sec. 1067 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
774) did make such a change in specific pieces of legislation and 10 
United States Code.
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    (b) Matters To Be Specified in Reports.--Each such report 
shall specify--
          (1) the activities and forms of assistance for which 
        the Secretary of Defense plans to obligate funds;
          (2) the amount of the proposed obligation; and
          (3) the projected involvement (if any) of any 
        department or agency of the United States (in addition 
        to the Department of Defense) and of the private sector 
        of the United States in the activities and forms of 
        assistance for which the Secretary of Defense plans to 
        obligate such funds.
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    \7\ Formerly at 22 U.S.C. 5955 note. Required a report on 
accounting for U.S. assistance. Repealed by sec. 1308(g)(1)(C) of 
Public Law 106-398 (114 Stat. 1654A-343). Sec. 1308 of that Act 
repealed several CTR reporting requirements and established a new, 
consolidated, report on activities and assistance under CTR programs.
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SEC. 1206.\7\ * * * [Repealed--2000]

SEC. 1207. LIMITATION ON ASSISTANCE TO NUCLEAR WEAPONS SCIENTISTS OF 
                    FORMER SOVIET UNION.
    Amounts appropriated pursuant to the authorization of 
appropriations in section 301 for Cooperative Threat Reduction 
programs may not be obligated for any program established 
primarily to assist nuclear weapons scientists in states of the 
former Soviet Union until 30 days after the date on which the 
Secretary of Defense certifies in writing to Congress that the 
funds to be obligated will not be used (1) to contribute to the 
modernization of the strategic nuclear forces of such states, 
or (2) for research, development, or production of weapons of 
mass destruction.

SEC. 1208.\8\ LIMITATION RELATING TO OFFENSIVE BIOLOGICAL WARFARE 
                    PROGRAM OF RUSSIA.
    (a) Limitation.--Of the amount appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs that is available for the purpose 
stated in section 1202(a)(6), $60,000,000 may not be obligated 
or expended until the President submits to Congress either a 
certification as provided in subsection (b) or a certification 
as provided in subsection (c).
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    \8\ In a memorandum of April 1, 1996, the President delegated to 
the Secretary of State the authorities and duties vested in the 
President under this section, to be exercised in consultation with the 
Secretary of Defense (61 F.R. 26017).
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    (b) Certification With Respect to Offensive Biological 
Warfare Program of Russia.--A certification under this 
subsection is a certification by the President of each of the 
following:
          (1) That Russia is in compliance with its obligations 
        under the Biological Weapons Convention.
          (2) That Russia has agreed with the United States and 
        the United Kingdom on a common set of procedures to 
        govern visits by officials of the United States and 
        United Kingdom to military biological facilities of 
        Russia, as called for under the Joint Statement on 
        Biological Weapons issued by officials of the United 
        States, the United Kingdom, and Russia on September 14, 
        1992.
          (3) That visits by officials of the United States and 
        United Kingdom to the four declared military biological 
        facilities of Russia have occurred.
    (c) Alternative Certification.--A certification under this 
subsection is a certification by the President that the 
President is unable to make a certification under subsection 
(b).
    (d) Use of Funds Upon Alternative Certification.--If the 
President makes a certification under subsection (c), the 
$60,000,000 specified in subsection (a)--
          (1) shall not be available for the purpose stated in 
        section 1202(a)(6); and
          (2) shall be available for activities in Ukraine, 
        Kazakhstan, and Belarus--
                  (A) for the elimination of strategic 
                offensive weapons (in addition to the amount 
                specified in section 1202(a)(1)); and
                  (B) for nuclear infrastructure elimination 
                (in addition to the amount specified in section 
                1202(a)(4)).

SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION 
                    FACILITY.
    (a) Limitation.--Of the amount appropriated pursuant to the 
authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs that is available for planning and 
design of a chemical weapons destruction facility, not more 
than one-half of such amount may be obligated or expended until 
the President certifies to Congress the following:
          (1) That the United States and Russia have completed 
        a joint laboratory study to determine the feasibility 
        of an appropriate technology for destruction of 
        chemical weapons of Russia.
          (2) That Russia is making reasonable progress, with 
        the assistance of the United States (if necessary), 
        toward the completion of a comprehensive implementation 
        plan for managing and funding the dismantlement and 
        destruction of Russia's chemical weapons stockpile.
          (3) That the United States and Russia have made 
        substantial progress toward resolution, to the 
        satisfaction of the United States, of outstanding 
        compliance issues under the 1989 Wyoming Memorandum of 
        Understanding and the 1990 Bilateral Destruction 
        Agreement.
    (b) Definitions.--In this section:
          (1) The term ``1989 Wyoming Memorandum of 
        Understanding'' means the Memorandum of Understanding 
        between the Government of the United States of America 
        and the Government of the Union of Soviet Socialist 
        Republics Regarding a Bilateral Verification Experiment 
        and Data Exchange Related to Prohibition on Chemical 
        Weapons, signed at Jackson Hole, Wyoming, on September 
        23, 1989.
          (2) The term ``1990 Bilateral Destruction Agreement'' 
        means the Agreement between the United States of 
        America and the Union of Soviet Socialist Republics on 
        destruction and nonproduction of chemical weapons and 
        on measures to facilitate the multilateral convention 
        on banning chemical weapons signed on June 1, 1990.

           *       *       *       *       *       *       *

           h. Cooperative Threat Reduction, Fiscal Year 1995

Partial text of Public Law 103-337 [National Defense Authorization Act 
   for Fiscal Year 1995; S. 2182], 108 Stat. 2663 at 2882, approved 
   October 5, 1994; amended by Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
approved February 10, 1996; and by Public Law 106-398 [Floyd D. Spence 
 National Defense Authorization Act for Fiscal Year 2000; H.R. 4205], 
               114 Stat. 1654, approved October 30, 2000

 AN ACT To authorize appropriations for fiscal year 1995 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 1995''.
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1995 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance in 
amounts as follows:
          (1)-(18) * * *
          (19) For Cooperative Threat Reduction programs, 
        $400,000,000.\1\
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    \1\ Title II of the Department of Defense Appropriations Act, 1995 
(Public Law 103-335; 108 Stat. 2606), provided the following:
---------------------------------------------------------------------------

                 ``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
    ``For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for providing 
incentives for demilitarization; for establishing programs to prevent 
the proliferation of weapons, weapons components, and weapon-related 
technology and expertise; for programs relating to the training and 
support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise; for supporting the demilitarization of military technologies 
and production infrastructure; $400,000,000, to remain available until 
expended: Provided, That of the funds appropriated under this heading, 
$10,000,000 shall be made available only for the continuing study, 
assessment, and identification of nuclear waste disposal by the former 
Soviet Union in the Arctic and North Pacific regions.''.
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          (20) * * *
          * * * * * * *

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                                 UNION

          * * * * * * *

SEC. 1201.\2\ COOPERATIVE THREAT REDUCTION PROGRAMS.

    For purposes of section 301 and other provisions of this 
Act, Cooperative Threat Reduction programs are the programs 
described in section 1203(b) of the Cooperative Threat 
Reduction Act of 1993 (title XII of Public Law 103-160; 107 
Stat. 1778; 22 U.S.C. 5952(b)).
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    \2\ 22 U.S.C. 5952 note.
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SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE THREAT 
                    REDUCTION PROGRAMS.

    Section 1207 of the Cooperative Threat Reduction Act of 
1993 (title XII of Public Law 103-160; \3\ 107 Stat. 1782) is 
amended--* * *
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    \3\ Originally read ``Public Law 103-60''. Corrected to read 
``Public Law 103-160'' by sec. 1504(a)(7)(A) of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
513). For amended text, see page 1632.
    \4\ Sec. 1203 required a report on accounting for U.S. assistance. 
Repealed by sec. 1308(g)(1)(B) of Public Law 106-398 (114 Stat. 1654A-
343). Sec. 1308 of that Act repealed several CTR reporting requirements 
and established a new, consolidated, report on activities and 
assistance under CTR programs.
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SEC. 1203.\4\ * * * [Repealed--2000]

SEC. 1204. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL RELATING TO 
                    WEAPONS OF MASS DESTRUCTION.

    The Secretary of Defense shall submit to Congress a report 
on progress being made in each state of the former Soviet Union 
that is a recipient of assistance under Cooperative Threat 
Reduction programs toward the development of an effective 
system of control and accountability for material related to 
weapons of mass destruction in that country. Under such a 
system, officials of the United States and of the recipient 
country should have an accurate accounting of the weapons of 
mass destruction in that country and the fissile and chemical 
materials from those weapons. The report shall be submitted not 
later than three months after the date of the enactment of this 
Act.
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    \5\ Formerly at 22 U.S.C. 5952 note. Pertained to multiyear 
planning, allied support; required a report on funding to Congress. 
Repealed by sec. 1308(g)(2) of Public Law 106-398 (114 Stat. 1654), 
``effective on the date the Secretary of Defense submits to Congress an 
updated version of the multiyear plans for fiscal year 2001 as 
described in subsection (h)'' of that Act.
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SEC. 1205.\5\ * * * [Repealed--2000]

SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM 
                    FOR FISCAL YEAR 1995.

    (a) Program Amounts.--Of the amount authorized to be 
appropriated in section 301 for Cooperative Threat Reduction 
programs--
          (1) not more than $60,000,000 may be obligated for 
        the demilitarization of defense industries and the 
        conversion of military technologies and capabilities 
        into civilian activities;
          (2) not more than $200,000,000 may be obligated for 
        Weapons Dismantlement, Destruction, and 
        Denuclearization;
          (3) not more than $60,000,000 may be obligated for 
        Safety and Security, Transportation, and Storage;
          (4) not more than $40,000,000 may be obligated for 
        Nonproliferation;
          (5) not more than $20,000,000 may be obligated for 
        Defense and Military-to-Military Contacts; and
          (6) not more than $20,000,000 may be obligated for 
        other authorized programs and activities.
    (b) Limited Authority To Exceed Individual Limitation 
Amounts.--(1) If the Secretary of Defense determines that it is 
necessary to do so in the national interest, the Secretary may, 
subject to paragraph (2), obligate amounts for the purposes 
stated in any of the paragraphs of subsection (a) in excess of 
the amount specified for those purposes in that paragraph. 
However, the total amount obligated for the purposes stated in 
the paragraphs in subsection (a) may not by reason of the use 
of the authority provided in the preceding sentence exceed the 
sum of the amounts specified in those paragraphs.
    (2) An obligation for the purposes stated in any of the 
paragraphs in subsection (a) in excess of the amount specified 
in that paragraph may be made using the authority provided in 
paragraph (1) only after--
          (A) the Secretary submits to Congress a notification 
        of the intent to do so together with a complete 
        discussion of the justification for doing so; and
          (B) 15 days have elapsed following the date of the 
        notification.

SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF THE STATES 
                    OF THE FORMER SOVIET UNION.

    (a) Findings.--Congress makes the following findings:
          (1) The United States has identified nonproliferation 
        of weapons of mass destruction as a high priority in 
        the conduct of United States national security policy.
          (2) The United States is seeking universal adherence 
        to global regimes that control nuclear, chemical, and 
        biological weapons and is promoting new measures that 
        provide increased transparency of biological weapons-
        related activities and facilities in an effort to help 
        deter violations of and enhance compliance with the 
        Biological Weapons Convention.
          (3) In early 1992, Russian President Boris Yeltsin 
        indicated to former United States President George Bush 
        that Russia still had an offensive biological weapons 
        program.
          (4) A United States Government report dated January 
        19, 1993, on arms control noncompliance noted that 
        Russian declarations up to that date had dramatically 
        underestimated the size, scope, and maturity of the 
        former Soviet biological weapons program.
          (5) Despite President Yeltsin's decree of April 11, 
        1993, stating that activities in violation of the 
        Biological Weapons Convention are illegal, questions 
        continue to arise regarding offensive biological 
        weapons research, development, testing, production, and 
        storage in Russia as well as in other countries.
          (6) A United States Government report, dated June 23, 
        1994, states the following: ``The United States has 
        determined that the offensive biological warfare 
        program that Russia inherited from the Soviet Union 
        violated the Biological Weapons Convention through at 
        least March 1992. The Soviet offensive biological 
        weapons program was massive, and included production, 
        weaponization, and stockpiling. The status of the 
        program since that time remains unclear and the U.S. 
        remains concerned about the Russian biological warfare 
        program.''.
          (7) The Joint Statement on Biological Weapons issued 
        by officials of the United States, the United Kingdom, 
        and Russia on September 14, 1992, confirmed the 
        commitment of the three governments to full compliance 
        with the Biological Weapons Convention and outlined 
        steps designed to increase confidence in that 
        commitment.
          (8) The Presidents of Russia and the United States 
        are scheduled to hold a summit meeting in Washington 
        during the month of September 1994.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President should continue to urge all 
        signatories to the Biological Weapons Convention to 
        comply fully with the terms of that convention and with 
        other international agreements relating to the control 
        of biological weapons;
          (2) the President should keep the Congress fully and 
        currently informed regarding any Russian activities 
        related to offensive biological weapons;
          (3) the President should continue to insist that the 
        Russian Government complete the steps noted and agreed 
        to in the Joint Statement on Biological Weapons issued 
        by officials of the United States, the United Kingdom, 
        and Russia on September 14, 1992;
          (4) subsequent meetings of representatives of the 
        United States, the United Kingdom, and Russia on 
        biological weapons and the September 1994 summit 
        meeting in Washington provide opportunities for the 
        President to again emphasize the importance of 
        resolving the issues related to compliance with the 
        Biological Weapons Convention;
          (5) in assessing the President's fiscal year 1996 
        budget request for foreign assistance funds for Russia, 
        and for other programs and activities to provide 
        assistance to Russia, including the Cooperative Threat 
        Reduction programs, Congress will consider United 
        States Government assessments of Russia's compliance 
        with its obligations under the Biological Weapons 
        Convention; and
          (6) as the President encourages increased 
        transparency of biological weapons-related activities 
        and facilities to deter violations of, and enhance 
        compliance with, the Biological Weapons Convention, the 
        President should also take appropriate actions to 
        ensure that the United States is prepared to counter 
        the effects of use of biological weapons by others.
    (c) \7\ Presidential Reports.--Not later than February 1, 
1995, not later than June 1, 1995, and not later than October 
1, 1995, the President shall submit to Congress a report, in 
classified and unclassified forms, containing an assessment of 
the extent of compliance of the independent states of the 
former Soviet Union with the Biological Weapons Convention and 
other international agreements relating to the control of 
biological weapons.
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    \7\ In a memorandum of February 15, 1995, the President delegated 
the authority and functions laid out in sec. 1207(c) to the Secretary 
of State, in consultation with the Secretary of Defense (60 F.R. 
10791).
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    (d) Content of Report.--The report shall include the 
following:
          (1) Matters related to compliance.--
                  (A) An evaluation of the extent of control 
                and oversight by the government of the Russian 
                Federation over the former Soviet military and 
                dual civilian-military biological warfare 
                programs.
                  (B) The extent, if any, of the biological 
                warfare agent stockpile in any of the 
                independent states of the former Soviet Union.
                  (C) The extent and scope, if any, of 
                continued biological warfare research, 
                development, testing, and production by such 
                states, including the sites and types of 
                activity at those sites.
                  (D) An evaluation of the effectiveness of 
                possible delivery systems of biological 
                weapons, including tube and rocket artillery, 
                aircraft, and ballistic missiles.
                  (E) An assessment of measures taken by the 
                Russian Government to complete the steps noted 
                and agreed to in the 1992 Joint Statement on 
                Biological Weapons referred to in subsection 
                (b)(3), including a determination of the extent 
                to which Russia has--
                          (i) agreed to permit visits to 
                        military and nonmilitary biological 
                        sites in order to attempt to resolve 
                        ambiguities;
                          (ii) provided information about 
                        biological weapons dismantlement 
                        accomplished to date, and further 
                        clarification of information provided 
                        in its United Nations Declarations 
                        regarding biological weapons;
                          (iii) been cooperative in exchanging 
                        information on a confidential, 
                        reciprocal basis concerning past 
                        offensive biological weapons programs 
                        not recorded in detail in its 
                        declarations to the United Nations;
                          (iv) cooperated in reviewing 
                        potential additional measures to 
                        monitor compliance with the Biological 
                        Weapons Convention and modalities for 
                        testing such measures;
                          (v) agreed to an examination of the 
                        physical infrastructure of its 
                        biological facilities to determine 
                        whether there is specific equipment or 
                        excess capacity inconsistent with their 
                        stated purpose;
                          (vi) helped identify ways to promote 
                        cooperation and investment in the 
                        conversion of biological weapons 
                        facilities; and
                          (vii) agreed to exchanges of 
                        scientists at biological facilities on 
                        a long-term basis.
          (2) Matters related to united states capabilities.--
                  (A) An evaluation of United States 
                capabilities to detect and monitor biological 
                warfare research, development, testing, 
                production, and storage.
                  (B) On the basis of the assessment and 
                evaluations referred to in other provisions of 
                the report, recommendations by the Secretary of 
                Defense and Chairman of the Joint Chiefs of 
                Staff for the improvement of United States 
                biological warfare defense and counter-
                measures.
    (e) Limitation.--Of the amount authorized to be 
appropriated by section 301 for Cooperative Threat Reduction 
programs, $25,000,000 may not be obligated until the President 
submits to Congress the first report required under subsection 
(c).

SEC. 1208. COORDINATION OF CERTAIN COOPERATIVE THREAT REDUCTION 
                    PROGRAMS.

    (a) Military-to-Military Contact Programs.--(1) None of the 
funds authorized to be appropriated in section 301 for 
Cooperative Threat Reduction programs may be obligated for 
activities under a military-to-military contact program until 
the Secretary of Defense and the Secretary of State submit to 
Congress a joint report on the coordination of military-to-
military contact programs and comparable activities carried out 
under their respective jurisdictions.
    (2) The report shall cover the following programs and 
activities:
          (A) Defense and military-to-military contact programs 
        to be carried out using funds authorized to be 
        appropriated in section 301 for Cooperative Threat 
        Reduction programs.
          (B) Military-to-military contacts and comparable 
        activities that are authorized by section 168 of title 
        10, United States Code, as added by section 1316.
          (C) Programs authorized under chapter 5 of part II of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et 
        seq.).
    (3) The report shall include a discussion of how the 
programs and activities referred to in paragraph (2) are 
carried out to maximize--
          (A) the effect of such programs and activities in 
        enhancing United States foreign policy objectives; and
          (B) cost-efficiency in the conduct of the programs 
        and activities.
    (b) Report.--Section 1207 of the Cooperative Threat 
Reduction Act of 1993 (title XII of Public Law 103-160; 107 
Stat. 1777; 22 U.S.C. 5956), is amended by adding at the end 
the following new paragraph: * * *

SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE DISMANTLEMENT 
                    OF SOVIET NUCLEAR ARSENAL.

    (a) Findings.--Congress makes the following findings:
          (1) It is a pressing national security challenge for 
        the United States to expedite the safe and secure 
        dismantlement of the nuclear arsenal of the former 
        Soviet Union.
          (2) In particular, it is essential to expedite the 
        return of strategic nuclear warheads from Ukraine, 
        Belarus, and Kazakhstan and to expedite the safe and 
        secure dismantlement of the nuclear delivery vehicles 
        of Ukraine, Belarus, and Kazakhstan.
          (3) Leakage of nuclear materials and technology, and 
        the continuing threat of emigration of scientists and 
        technicians from the former Soviet nuclear weapons 
        complex, pose a grave threat to United States national 
        security and to international stability.
          (4) Congress has authorized so-called ``Nunn-Lugar'' 
        funds to enable the Department of Defense to carry out 
        cooperative activities with states of the former Soviet 
        Union to address the threats described in paragraphs 
        (1), (2), and (3).
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that--
          (1) the Secretary of Defense and the Secretary of 
        State should continue to give their serious attention 
        to carrying out a coordinated strategy for addressing 
        the urgent national security issues described in 
        subsection (a);
          (2) the United States should expedite the 
        availability and effective application of so-called 
        ``Nunn-Lugar'' funds;
          (3) although activities conducted with those funds 
        should, to the extent feasible, draw upon United States 
        technology and expertise, the United States should work 
        with local contractors in Belarus, Kazakhstan, Russia, 
        and Ukraine when doing so would expedite more effective 
        use of those funds; and
          (4) efforts should be made to make the Science and 
        Technology Centers in Moscow and Kiev, designed to slow 
        the emigration of scientists and technicians from the 
        former Soviet weapons complex, fully operational on an 
        expedited basis.
          * * * * * * *
              i. Cooperative Threat Reduction Act of 1993

Title XII of Public Law 103-160 [National Defense Authorization Act for 
Fiscal Year 1994; H.R. 2401], 107 Stat. 1547 at 1777, approved November 
30, 1993; amended by Public Law 103-337 [National Defense Authorization 
Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 
   1994; and by Public Law 106-398 [Floyd D. Spence National Defense 
  Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654, 
                       approved October 30, 2000

 AN ACT To authorize appropriations for fiscal year 1994 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United State of America in Congress assembled,
          * * * * * * *

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal 
year 1994 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, not 
otherwise provided for, for operation and maintenance in 
amounts as follows:
          (1)-(20) * * *
          (21) For Former Soviet Union Threat Reduction, 
        $400,000,000.\1\
---------------------------------------------------------------------------
    \1\ Title II of the Department of Defense Appropriations Act, 1994 
(Public Law 103-139; 107 Stat. 1426), provided the following:
---------------------------------------------------------------------------

                 ``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
    ``For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for providing 
incentives for demilitarization; for establishing programs to prevent 
the proliferation of weapons, weapons components, and weapon-related 
technology and expertise; for expansion of military-to-military 
contacts; for supporting the conversion of military technologies and 
capabilities into civilian activities; and for retraining military 
personnel of the former Soviet Union; $400,000,000, to remain available 
until expended: Provided, That of the funds appropriated under this 
heading, $10,000,000 shall be made available only for the continuing 
study, assessment, and identification of nuclear waste disposal by the 
former Soviet Union in the Arctic and North Pacific region: Provided 
further, That the transfer authority provided in section 9110(a) of the 
Department of Defense Appropriations Act, 1993, shall continued to be 
in effect during fiscal year 1994: Provided further, That any transfer 
made under the foregoing proviso in this paragraph shall be subject to 
the limitations and the reporting requirements stipulated in section 
8006 of this Act: Provided further, That the Director of Central 
Intelligence shall report to the President and the Congressional 
defense, foreign affairs, and intelligence committees on the current 
status of intercontinental ballistic missile development and production 
in states eligible for assistance under this heading: Provided further, 
That none of the funds appropriated under this heading may be expended 
or transferred to an otherwise eligible recipient state if the 
President concludes, and notifies the Congressional defense, foreign 
affairs, and intelligence committees in a written report, that the 
potential recipient is currently engaged in the production of a new 
road mobile or fixed-site land based intercontinental ballistic missile 
armed with multiple nuclear re-entry vehicles.''.
---------------------------------------------------------------------------
          * * * * * * *

 TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET 
                                 UNION

SEC. 1201.\2\ SHORT TITLE.

    This title may be cited as the ``Cooperative Threat 
Reduction Act of 1993''.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5951 note.
---------------------------------------------------------------------------

SEC. 1202.\3\ FINDINGS ON COOPERATIVE THREAT REDUCTION.

    The Congress finds that it is in the national security 
interest of the United States for the United States to do the 
following:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5951.
---------------------------------------------------------------------------
          (1) Facilitate, on a priority basis, the 
        transportation, storage, safeguarding, and elimination 
        of nuclear and other weapons of the independent states 
        of the former Soviet Union, including--
                  (A) the safe and secure storage of fissile 
                materials derived from the elimination of 
                nuclear weapons;
                  (B) the dismantlement of (i) intercontinental 
                ballistic missiles and launchers for such 
                missiles, (ii) submarine-launched ballistic 
                missiles and launchers for such missiles, and 
                (iii) heavy bombers; and
                  (C) the elimination of chemical, biological 
                and other weapons capabilities.
          (2) Facilitate, on a priority basis, the prevention 
        of proliferation of weapons (and components of weapons) 
        of mass destruction and destabilizing conventional 
        weapons of the independent states of the former Soviet 
        Union and the establishment of verifiable safeguards 
        against the proliferation of such weapons and 
        components.
          (3) Facilitate, on a priority basis, the prevention 
        of diversion of weapons-related scientific expertise of 
        the independent states of the former Soviet Union to 
        terrorist groups or third world countries.
          (4) Support (A) the demilitarization of the defense-
        related industry and equipment of the independent 
        states of the former Soviet Union, and (B) the 
        conversion of such industry and equipment to civilian 
        purposes and uses.
          (5) Expand military-to-military and defense contacts 
        between the United States and the independent states of 
        the former Soviet Union.

SEC. 1203.\4\ AUTHORITY FOR PROGRAMS TO FACILITATE COOPERATIVE THREAT 
                    REDUCTION.

    (a) In General.--Notwithstanding any other provision of 
law, the President may conduct programs described in subsection 
(b) to assist the independent states of the former Soviet Union 
in the demilitarization of the former Soviet Union. Any such 
program may be carried out only to the extent that the 
President determines that the program will directly contribute 
to the national security interests of the United States.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5952. See also sec. 3131 of the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 
617).
    In a memorandum of January 29, 1994, the President delegated 
authorities and duties in sections 1203-1207 as follows:
    ``* * * I hereby delegate:
---------------------------------------------------------------------------

          ``1. to the Secretary of State the authority and duty vested 
        in the President under section 1203(d) of the Cooperative 
        Threat Reduction Act of 1993, Title XII of the National Defense 
        Authorization Act for Fiscal Year 1994 (Public Law 103-160);
          ``2. to the Secretary of Defense the authorities and duties 
        vested in the President under sections 1203(a), 1204, 1206, and 
        1207 of Public Law 103-160.
---------------------------------------------------------------------------
    ``The Secretary of Defense shall not exercise authority delegated 
by number 2 hereof with respect to any former Soviet republic unless 
the Secretary of State has exercised his authority and performed the 
duty delegated by number 1 hereof, as applicable, with respect to that 
former Soviet republic. The Secretary of Defense shall not obligated 
funds in exercise of authority delegated by number 2 hereof unless the 
Director of the Office of Management and Budget has made the 
determination that expenditures are to be counted as discretionary 
spending in the national defense budget (050), as applicable to the 
funds to be transferred.'' (59 F.R. 5929).
---------------------------------------------------------------------------
    (b) Authorized Programs.--The programs referred to in 
subsection (a) are the following:
          (1) Programs to facilitate the elimination, and the 
        safe and secure transportation and storage, of nuclear, 
        chemical, and other weapons and their delivery 
        vehicles.
          (2) Programs to facilitate the safe and secure 
        storage of fissile materials derived from the 
        elimination of nuclear weapons.
          (3) Programs to prevent the proliferation of weapons, 
        weapons components, and weapons-related technology and 
        expertise.
          (4) Programs to expand military-to-military and 
        defense contacts.
          (5) Programs to facilitate the demilitarization of 
        defense industries and the conversion of military 
        technologies and capabilities into civilian activities.
          (6) Programs to assist in the environmental 
        restoration of former military sites and installations 
        when such restoration is necessary to the 
        demilitarization or conversion programs authorized in 
        paragraph (5).
          (7) Programs to provide housing for former military 
        personnel of the former Soviet Union released from 
        military service in connection with the dismantlement 
        of strategic nuclear weapons, when provision of such 
        housing is necessary for dismantlement of strategic 
        nuclear weapons and when no other funds are available 
        for such housing.
          (8) Other programs as described in section 212(b) of 
        the Soviet Nuclear Threat Reduction Act of 1991 (title 
        II of Public Law 102-228; 22 U.S.C. 2551 note) and 
        section 1412(b) of the Former Soviet Union 
        Demilitarization Act of 1992 (title XIV of Public Law 
        102-484; 22 U.S.C. 5901 et seq.).
    (c) United States Participation.--The programs described in 
subsection (b) should, to the extent feasible, draw upon United 
States technology and expertise, especially from the private 
sector of the United States.
    (d) \5\ Restrictions.--Assistance authorized by subsection 
(a) may not be provided to any independent state of the former 
Soviet Union for any year unless the President certifies to 
Congress for that year that the proposed recipient state is 
committed to each of the following:
---------------------------------------------------------------------------
    \5\ Sec. 1310 of Public Law 106-65 (113 Stat. 795) provided the 
following:
    ``SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
CERTIFICATION.
    ``No funds appropriated for fiscal year 1999 for Cooperative Threat 
Reduction programs and remaining available for obligation or 
expenditure may be obligated or expended for assistance for any country 
under a Cooperative Threat Reduction Program until the President 
resubmits to Congress an updated certification under section 1203(d) of 
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 
103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 
U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging 
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 
102-511; 22 U.S.C. 5852).''.
---------------------------------------------------------------------------
          (1) Making substantial investment of its resources 
        for dismantling or destroying its weapons of mass 
        destruction, if such state has an obligation under a 
        treaty or other agreement to destroy or dismantle any 
        such weapons.
          (2) Foregoing any military modernization program that 
        exceeds legitimate defense requirements and foregoing 
        the replacement of destroyed weapons of mass 
        destruction.
          (3) Foregoing any use in new nuclear weapons of 
        fissionable or other components of destroyed nuclear 
        weapons.
          (4) Facilitating United States verification of any 
        weapons destruction carried out under this title, 
        section 1412(b) of the Former Soviet Union 
        Demilitarization Act of 1992 (title XIV of Public Law 
        102-484; 22 U.S.C. 590(b)), or section 212(b) of the 
        Soviet Nuclear Threat Reduction Act of 1991 (title II 
        of Public Law 102-228; 22 U.S.C. 2551 note).
          (5) Complying with all relevant arms control 
        agreements.
          (6) Observing internationally recognized human 
        rights, including the protection of minorities.

SEC. 1204.\6\ DEMILITARIZATION ENTERPRISE FUND.

    (a) Designation of Fund.--The President is authorized to 
designate a Demilitarization Enterprise Fund for the purposes 
of this section. The President may designate as the 
Demilitarization Enterprise Fund any organization that 
satisfies the requirements of subsection (e).
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 5953.
---------------------------------------------------------------------------
    (b) Purpose of Fund.--The purpose of the Demilitarization 
Enterprise Fund is to receive grants pursuant to this section 
and to use the grant proceeds to provide financial support 
under programs described in subsection (b)(5) for 
demilitarization of industries and conversion of military 
technologies and capabilities into civilian activities.
    (c) Grant Authority.--The President may make one or more 
grants to the Demilitarization Enterprise Fund.
    (d) Risk Capital Funding of Demilitarization.--The 
Demilitarization Enterprise Fund shall use the proceeds of 
grants received under this section to provide financial support 
in accordance with subsection (b) through transactions as 
follows:
          (1) Making loans.
          (2) Making grants.
          (3) Providing collateral for loan guaranties by the 
        Export-Import Bank of the United States.
          (4) Taking equity positions.
          (5) Providing venture capital in joint ventures with 
        United States industry.
          (6) Providing risk capital through any other form of 
        transaction that the President considers appropriate 
        for supporting programs described in subsection (b)(5).
    (e) Eligible Organization.--An organization is eligible for 
designation as the Demilitarization Enterprise Fund if the 
organization--
          (1) is a private, nonprofit organization;
          (2) is governed by a board of directors consisting of 
        private citizens of the United States; and
          (3) provides assurances acceptable to the President 
        that it will use grants received under this section to 
        provide financial support in accordance with this 
        section.
    (f) Operational Provisions.--The following provisions of 
section 201 of the Support for East European Democracy (SEED) 
Act of 1989 (Public Law 101-179; 22 U.S.C. 5421) shall apply 
with respect to the Demilitarization Enterprise Fund in the 
same manner as such provisions apply to Enterprise Funds 
designated pursuant to subsection (d) of such section:
          (1) Subsection (d)(5), relating to the private 
        character of Enterprise Funds.
          (2) Subsection (h), relating to retention of interest 
        earned in interest bearing accounts.
          (3) Subsection (i), relating to use of United States 
        private venture capital.
          (4) Subsection (k), relating to support from 
        Executive agencies.
          (5) Subsection (l), relating to limitation on 
        payments to Fund personnel.
          (6) Subsections (m) and (n), relating to audits.
          (7) Subsection (o), relating to record keeping 
        requirements.
          (8) Subsection (p), relating to annual reports.
In addition, returns on investments of the Demilitarization 
Enterprise Fund and other payments to the Fund may be 
reinvested in projects of the Fund.
    (g) Experience of Other Enterprise Funds.--To the maximum 
extent practicable, the Board of Directors of the 
Demilitarization Enterprise Fund should adopt for that Fund 
practices and procedures that have been developed by Enterprise 
Funds for which funding has been made available pursuant to 
section 201 of the Support for East European Democracy (SEED) 
Act of 1989 (Public Law 101-179; 22 U.S.C. 5421).
    (h) Consultation Requirement.--In the implementation of 
this section, the Secretary of State and the Administrator of 
the Agency for International Development shall be consulted to 
ensure that the Articles of Incorporation of the Fund 
(including provisions specifying the responsibilities of the 
Board of Directors of the Fund), the terms of United States 
Government grant agreements with the Fund, and United States 
Government oversight of the Fund are, to the maximum extent 
practicable, consistent with the Articles of Incorporation of, 
the terms of grant agreements with, and the oversight of the 
Enterprise Funds established pursuant to section 201 of the 
Support for East European Democracy (SEED) Act of 1989 (22 
U.S.C. 5421) and comparable provisions of law.
    (i) Initial Implementation.--The Board of Directors of the 
Demilitarization Enterprise Fund shall publish the first annual 
report of the Fund not later than January 31, 1995.
    (j) Termination of Designation.--A designation of an 
organization as the Demilitarization Enterprise Fund under 
subsection (a) shall be temporary. When making the designation, 
the President shall provide for the eventual termination of the 
designation.

SEC. 1205.\7\ FUNDING FOR FISCAL YEAR 1994.

    (a) Authorization of Appropriations.--Funds authorized to 
be appropriated under section 301(21) shall be available for 
cooperative threat reduction with states of the former Soviet 
Union under this title.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 5954.
---------------------------------------------------------------------------
    (b) Limitations.--(1) Not more than $15,000,000 of the 
funds referred to in subsection (a) may be made available for 
programs authorized in subsection (b)(6) of section 1203.
    (2) Not more than $20,000,000 of such funds may be made 
available for programs authorized in subsection (b)(7) of 
section 1203.
    (3) Not more than $40,000,000 of such funds may be made 
available for grants to the Demilitarization Enterprise Fund 
designated pursuant to section 1204 and for related 
administrative expenses.
    (c) Authorization of Extension of Availability of Prior 
Year Funds.--To the extent provided in appropriations Acts, the 
authority to transfer funds of the Department of Defense 
provided in section 9110(a) of the Department of Defense 
Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1928), 
and in section 108 of Public Law 102-229 (105 Stat. 1708) shall 
continue to be in effect during fiscal year 1994.

SEC. 1206.\8\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.

    (a) Notice of Proposed Obligation.--Not less than 15 days 
before obligation of any funds for programs under section 1203, 
the President shall transmit to the appropriate congressional 
committees as defined in section 1208 a report on the proposed 
obligation. Each such report shall specify--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 5955.
---------------------------------------------------------------------------
          (1) the activities and forms of assistance for which 
        the President plans to obligate such funds;
          (2) the amount of the proposed obligation; and
          (3) the projected involvement of the departments and 
        agencies of the United States Government and the 
        private sector of the United States.
    (b) Reports on Demilitarization or Conversion Projects.--
Any report under subsection (a) that covers proposed 
demilitarization or conversion projects under paragraph (5) or 
(6) of section 1203(b) shall contain additional information to 
assist the Congress in determining the merits of the proposed 
projects. Such information shall include descriptions of--
          (1) the facilities to be demilitarized;
          (2) the types of activities conducted at those 
        facilities and of the types of nonmilitary activities 
        planned for those facilities;
          (3) the forms of assistance to be provided by the 
        United States Government and by the private sector of 
        the United States;
          (4) the extent to which military activities and 
        production capability will consequently be eliminated 
        at those facilities; and
          (5) the mechanisms to be established for monitoring 
        progress on those projects.
---------------------------------------------------------------------------
    \9\ Formerly at 22 U.S.C. 5956. Required a semiannual report on 
accounting for U.S. assistance. Repealed by sec. 1308(g)(1)(A) of 
Public Law 106-398 (114 Stat. 1654A-343). Sec. 1308 of that Act 
repealed several CTR reporting requirements and established a new, 
consolidated, report on activities and assistance under CTR programs.
---------------------------------------------------------------------------

SEC. 1207.\9\ * * * [Repealed--2000]

SEC. 1208.\10\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional 
committees'' means--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 5957.
---------------------------------------------------------------------------
          (1) the Committee on Foreign Relations of the Senate, 
        the Committee on Foreign Affairs \11\ of the House of 
        Representatives, and the Committees on Appropriations 
        of the House and the Senate, wherever the account, 
        budget activity, or program is funded from 
        appropriations made under the international affairs 
        budget function (150);
---------------------------------------------------------------------------
    \11\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) the Committees on Armed Services \12\ and the 
        Committees on Appropriations of the Senate and the 
        House of Representatives, wherever the account, budget 
        activity, or program is funded from appropriations made 
        under the national defense budget function (050); and
---------------------------------------------------------------------------
    \12\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------
          (3) the committee to which the specified activities 
        of section 1203, if the subject of separate 
        legislation, would be referred under the rules of the 
        respective House of Congress.

SEC. 1209.\13\ AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 ASSISTANCE 
                    TO THE INDEPENDENT STATES OF THE FORMER SOVIET 
                    UNION.

    (a) Authorization of Appropriations.--There is hereby 
authorized to be appropriated for fiscal year 1993 for 
``Operation and Maintenance, Defense Agencies'' the additional 
sum of $979,000,000, to be available for the purposes of 
providing assistance to the independent states of the former 
Soviet Union.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 5958.
---------------------------------------------------------------------------
    (b) Authorization of Transfer of Funds.--The Secretary of 
Defense may, to the extent provided in appropriations Acts, 
transfer from the account ``Operation and Maintenance, Defense 
Agencies'' for fiscal year 1993 a sum not to exceed the amount 
appropriated pursuant to the authorization in subsection (a) 
to--
          (1) other accounts of the Department of Defense for 
        the purpose of providing assistance to the independent 
        states of the former Soviet Union; or
          (2) appropriations available to the Department of 
        State and other agencies of the United States 
        Government for the purpose of providing assistance to 
        the independent states of the former Soviet Union for 
        programs that the President determines will increase 
        the national security of the United States.
    (c) Administrative Provisions.--(1) Amounts transferred 
under subsection (b) shall be available subject to the same 
terms and conditions as the appropriations to which 
transferred.
    (2) The authority to make transfers pursuant to this 
section is in addition to any other transfer authority of the 
Department of Defense.
    (d) Coordination of Programs.--The President shall 
coordinate the programs described in subsection (b) with those 
authorized in the other provisions of this title and in the 
provisions of the Freedom for Russia and Emerging Eurasian 
Democracies and Open Markets Support Act of 1992 (Public Law 
102-511) so as to optimize the contribution such programs make 
to the national interests of the United States.
   j. Freedom for Russia and Emerging Eurasian Democracies and Open 
                      Markets Support Act of 1992

                          FREEDOM Support Act

Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved 
 October 24, 1992; amended by Public Law 105-277 [Omnibus Consolidated 
 and Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 
                 Stat. 2681, approved October 21, 1998

AN ACT To support freedom and open markets in the independent states of 
            the former Soviet Union, 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.\1\ SHORT TITLES.

    This Act may be cited as the ``Freedom for Russia and 
Emerging Eurasian Democracies and Open Markets Support Act of 
1992'' or the ``FREEDOM Support Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5801 note.
---------------------------------------------------------------------------
          * * * * * * *

   TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

SEC. 501.\2\ FINDINGS.

    The Congress finds that it is in the national security 
interest of the United States--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5851.
---------------------------------------------------------------------------
          (1) to facilitate, on a priority basis--
                  (A) the transportation, storage, 
                safeguarding, and destruction of nuclear and 
                other weapons of mass destruction of the 
                independent states of the former Soviet Union;
                  (B) the prevention of proliferation of 
                weapons of mass destruction and destabilizing 
                conventional weapons of the independent states, 
                and the establishment of verifiable safeguards 
                against the proliferation of such weapons;
                  (C) the prevention of diversion of weapons-
                related scientific expertise of the former 
                Soviet Union to terrorist groups or third 
                countries; and
                  (D) other efforts designed to reduce the 
                military threat from the former Soviet Union;
          (2) to support the conversion of the massive defense-
        related industry and equipment of the independent 
        states of the former Soviet Union for civilian purposes 
        and uses; and
          (3) to expand military-to-military contacts between 
        the United States and the independent states.

SEC. 502.\3\ ELIGIBILITY.

    Funds may be obligated for a fiscal year for assistance or 
other programs or activities for an independent state of the 
former Soviet Union under sections 503 and 504 only if the 
President has certified to the Congress,\4\ during that fiscal 
year, that such independent state is committed to--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5852. Sec. 1310 of Public Law 106-65 (113 Stat. 795) 
provided the following:
    ``SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
CERTIFICATION.
    ``No funds appropriated for fiscal year 1999 for Cooperative Threat 
Reduction programs and remaining available for obligation or 
expenditure may be obligated or expended for assistance for any country 
under a Cooperative Threat Reduction Program until the President 
resubmits to Congress an updated certification under section 1203(d) of 
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 
103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 
U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging 
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 
102-511; 22 U.S.C. 5852).''.
    \4\ In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
---------------------------------------------------------------------------
          (1) making a substantial investment of its resources 
        for dismantling or destroying such weapons of mass 
        destruction, if that independent state has an 
        obligation under a treaty or other agreement to destroy 
        or dismantle any such weapons;
          (2) forgoing any military modernization program that 
        exceeds legitimate defense requirements and forgoing 
        the replacement of destroyed weapons of mass 
        destruction;
          (3) forgoing any use in new nuclear weapons of 
        fissionable or other components of destroyed nuclear 
        weapons; and
          (4) facilitating United States verification of any 
        weapons destruction carried out under section 503(a) or 
        504(a) of this Act or section 212 of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 
        102-228; 22 U.S.C. 2551 note).

SEC. 503.\5\ NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE 
                    INDEPENDENT STATES.

    (a) Authorization.--The President is authorized \6\ to 
promote bilateral and multilateral nonproliferation and 
disarmament activities--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5853.
    \6\ In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
---------------------------------------------------------------------------
          (1) by supporting the dismantlement and destruction 
        of nuclear, biological, and chemical weapons, their 
        delivery systems, and conventional weapons of the 
        independent states of the former Soviet Union;
          (2) by supporting bilateral and multilateral efforts 
        to halt the proliferation of nuclear, biological, and 
        chemical weapons, their delivery systems, related 
        technologies, and other weapons of the independent 
        states, including activities such as--
                  (A) the storage, transportation, and 
                safeguarding of such weapons, and
                  (B) the purchase, barter, or other 
                acquisition of such weapons or materials 
                derived from such weapons;
          (3) by establishing programs for safeguarding against 
        the proliferation of nuclear, biological, chemical, and 
        other weapons of the independent states;
          (4) by establishing programs for preventing diversion 
        of weapons-related scientific and technical expertise 
        of the independent states to terrorist groups or to 
        third countries;
          (5) by establishing science and technology centers in 
        the independent states for the purpose of engaging 
        weapons scientists and engineers of the independent 
        states (in particular those who were previously 
        involved in the design and production of nuclear, 
        biological, and chemical weapons) in productive, 
        nonmilitary undertakings; and
          (6) by establishing programs for facilitating the 
        conversion of military technologies and capabilities 
        and defense industries of the former Soviet Union into 
        civilian activities.
    (b) Funding Priorities.--Priority in carrying out this 
section shall be given to the activities described in 
paragraphs (1) through (5) of subsection (a).
    (c) Use of Defense Funds.--
          (1) Authorization.--In recognition of the direct 
        contributions to the national security interests of the 
        United States of the programs and activities authorized 
        by subsection (a), the President is authorized to make 
        available for use in carrying out those programs and 
        activities, in addition to amounts otherwise available 
        for such purposes, funds made available pursuant to 
        sections 108 and 109 of Public Law 102-229 or under the 
        amendments made by section 506(a) of this Act.
          (2) Limitation.--Funds described in paragraph (1) may 
        not be obligated for programs and activities under 
        subsection (a) unless the Director of the Office of 
        Management and Budget has determined that expenditures 
        during fiscal year 1993 pursuant to such obligation 
        shall be counted against the defense category of the 
        discretionary spending limits for that fiscal year (as 
        defined in section 601(a)(2) of the Congressional 
        Budget Act of 1974) for purposes of part C of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985.

SEC. 504.\7\ NONPROLIFERATION AND DISARMAMENT FUND.

    (a) Authorization.--The President is authorized to promote 
bilateral and multilateral nonproliferation and disarmament 
activities--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 5854.
---------------------------------------------------------------------------
          (1) by supporting the dismantlement and destruction 
        of nuclear, biological, and chemical weapons, their 
        delivery systems, and conventional weapons;
          (2) by supporting bilateral and multilateral efforts 
        to halt the proliferation of nuclear, biological, and 
        chemical weapons, their delivery systems, related 
        technologies, and other weapons, including activities 
        such as--
                  (A) the storage, transportation, and 
                safeguarding of such weapons, and
                  (B) the purchase, barter, or other 
                acquisition of such weapons or materials 
                derived from such weapons;
          (3) by establishing programs for safeguarding against 
        the proliferation of nuclear, biological, chemical, and 
        other weapons of the independent states of the former 
        Soviet Union;
          (4) by establishing programs for preventing diversion 
        of weapons-related scientific and technical expertise 
        of the independent states to terrorist groups or to 
        third countries;
          (5) by establishing science and technology centers in 
        the independent states for the purpose of engaging 
        weapons scientists and engineers of the independent 
        states (in particular those who were previously 
        involved in the design and production of nuclear, 
        biological, and chemical weapons) in productive, 
        nonmilitary undertakings; and
          (6) by establishing programs for facilitating the 
        conversion of military technologies and capabilities 
        and defense industries of the former Soviet Union into 
        civilian activities.
    (b) Funding Priorities.--Priority in carrying out this 
section shall be given to the activities described in 
paragraphs (1) through (5) of subsection (a).
    (c) Use of Security Assistance Funds.--
          (1) Authorization.--In recognition of the direct 
        contributions to the national security interests of the 
        United States of the programs and activities authorized 
        by subsection (a), the President is authorized to make 
        available for use in carrying out those programs and 
        activities, in addition to amounts otherwise available 
        for such purposes, up to $100,000,000 of security 
        assistance funds for fiscal year 1993.
          (2) Definition.--As used in paragraph (1), the term 
        ``security assistance funds'' means funds made 
        available for assistance under chapter 4 of part II of 
        the Foreign Assistance Act of 1961 (relating to the 
        Economic Support Fund) or assistance under section 23 
        of the Arms Export Control Act (relating to the 
        ``Foreign Military Financing Program'').
          (3) Exemption from certain restrictions.--Section 
        531(e) of the Foreign Assistance Act of 1961, and any 
        provision that corresponds to section 510 of the 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1991 (relating to the 
        prohibition on financing exports of nuclear equipment, 
        fuel, and technology), shall not apply with respect to 
        funds used pursuant to this subsection.

SEC. 505.\8\ LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.

    Notwithstanding any other provision of law (including any 
other provision of this Act), funds may not be obligated in any 
fiscal year for purposes of facilitating the conversion of 
military technologies and capabilities and defense industries 
of the former Soviet Union into civilian activities, as 
authorized by sections 503(a)(6) and 504(a)(6) or any other 
provision of law, unless the President has previously obligated 
in the same fiscal year an amount equal to or greater than that 
amount of funds for defense conversion and defense transition 
activities in the United States. For purposes of this section, 
the term ``defense conversion and defense transition activities 
in the United States'' means those United States Government 
funded programs whose primary purpose is to assist United 
States private sector defense workers, United States companies 
that manufacture or otherwise provide defense goods or 
services, or United States communities adversely affected by 
reductions in United States defense spending, such as programs 
funded through the Office of Economic Adjustment in the 
Department of Defense or through \9\ the Economic Development 
Administration.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 5855.
    \9\ Sec. 405(d)(20) of sec. 101(f) of Public Law 105-277 (112 Stat. 
2681-422) struck out ``, through the Defense Conversion Adjustment 
Program (as authorized by the Job Training Partnership Act), or 
through'' and inserted in lieu thereof ``or through''.
---------------------------------------------------------------------------

SEC. 506.\10\ SOVIET WEAPONS DESTRUCTION.

    (a) \11\ Additional Funding.--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 5856.
    \11\ Sec. 1421 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2565) made amendments 
identical to those in subsecs. (a) and (b).
---------------------------------------------------------------------------
          (1) Authorization amount.--Section 221(a) of the 
        Soviet Nuclear Threat Reduction Act of 1991 (title II 
        of Public Law 102-228; 22 U.S.C. 2551 note) is amended 
        by striking out ``$400,000,000'' and inserting in lieu 
        thereof ``$800,000,000''.
          (2) Authorization period.--Section 221(e) of such Act 
        is amended--
                  (A) by inserting ``for fiscal year 1992 or 
                fiscal year 1993'' after ``under part B'';
                  (B) by inserting ``for that fiscal year'' 
                after ``for that program''; and
                  (C) by striking out ``for fiscal year 1992'' 
                and inserting in lieu thereof ``for that fiscal 
                year''.
    (b) \11\ Technical Revisions to Public Law 102-229.--Public 
Law 102-229 is amended--
          (1) in section 108 (105 Stat. 1708), by striking out 
        ``contained in H.R. 3807, as passed the Senate on 
        November 25, 1991'' and inserting in lieu thereof 
        ``(title II of Public Law 102-228)''; and
          (2) in section 109 (105 Stat. 1708)--
                  (A) by striking out ``H.R. 3807, as passed 
                the Senate on November 25, 1991'' and inserting 
                in lieu thereof ``Public Law 102-228 (105 Stat. 
                1696)''; and
                  (B) by striking out ``of H.R. 3807''.
    (c) \11\ Avoidance of Duplicative Amendments.--The 
amendments made by this section shall not be effective if the 
National Defense Authorization Act for Fiscal Year 1993 enacts 
an amendment to section 221(a) of the Soviet Nuclear Threat 
Reduction Act of 1991 that authorizes the transfer of an amount 
that is the same or greater than the amount that is authorized 
by the amendment made by subsection (a)(1) of this section and 
enacts amendments identical to those in subsections (a)(2) and 
(b) of this section. If that Act enacts such amendments, 
sections 503 and 508 of this Act shall be deemed to apply with 
respect to the funds made available under such amendments.

SEC. 507.\12\ WAIVER OF CERTAIN PROVISIONS.

    (a) In General.--Funds made available for fiscal year 1993 
under sections 503 and 504 to provide assistance or otherwise 
carry out programs and activities with respect to the 
independent states of the former Soviet Union under those 
sections may be used notwithstanding any other provision of 
law, other than the provisions cited in subsection (b).
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 5857.
---------------------------------------------------------------------------
    (b) Exceptions.--Subsection (a) does not apply with respect 
to--
          (1) this title; and
          (2) section 1341 of title 31, United States Code 
        (commonly referred to as the ``Anti-Deficiency Act''), 
        the Congressional Budget and Impoundment Control Act of 
        1974, the Balanced Budget and Emergency Deficit Control 
        Act of 1985, and the Budget Enforcement Act of 
        1990.\13\
---------------------------------------------------------------------------
    \13\ Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344 (88 
Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of Public 
Law 101-508 (104 Stat. 1388-573), respectively.
---------------------------------------------------------------------------

SEC. 508.\14\ NOTICE AND REPORTS TO CONGRESS.

    (a) Notice of Proposed Obligations.--Not less than 15 days 
before obligating any funds under section 503 or 504 or the 
amendments made by section 506(a), the President shall transmit 
to the Speaker of the House of Representatives, the President 
Pro Tempore of the Senate, and the appropriate congressional 
committees a report on the proposed obligation. Each such 
report shall specify--\15\
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 5858.
    \15\ In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
---------------------------------------------------------------------------
          (1) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligations; and
          (2) the activities and forms of assistance for which 
        the President plans to obligate such funds.
    (b) Semiannual Report.--Not later than April 30, 1993, and 
not later than October 30, 1993, the President shall transmit 
to the Speaker of the House of Representatives, the President 
Pro Tempore of the Senate, and the appropriate congressional 
committees a report on the activities carried out under 
sections 503 and 504 and the amendments made by section 506(a). 
Each such report shall set forth, for the preceding 6-month 
period and cumulatively, the following:
          (1) The amounts expended for such activities and the 
        purposes for which they were expended.
          (2) The source of the funds obligated for such 
        activities, specified by program.
          (3) A description of the participation of all United 
        States Government departments and agencies in such 
        activities.
          (4) A description of the activities carried out and 
        the forms of assistance provided.
          (5) Such other information as the President considers 
        appropriate to fully inform the Congress concerning the 
        operation of the programs and activities carried out 
        under sections 503 and 504 and the amendments made by 
        section 506(a).
    (c) Appropriate Congressional Committees.--As used in this 
section--
          (1) the term ``appropriate congressional committees'' 
        means--
                  (A) the Committee on Foreign Relations of the 
                Senate, the Committee on Foreign Affairs \16\ 
                of the House of Representatives, and the 
                Committees on Appropriations of the House and 
                the Senate, wherever the account, budget 
                activity, or program is funded from 
                appropriations made under the international 
                affairs budget function (150);
---------------------------------------------------------------------------
    \16\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
                  (B) the Committees on Armed Services \17\ and 
                the Committees on Appropriations of the Senate 
                and the House of Representatives, wherever the 
                account, budget activity, or program is funded 
                from appropriations made under the national 
                defense budget function (050); and
---------------------------------------------------------------------------
    \17\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------
          (2) the committee to which the specified activities 
        of section 503(a) or 504(a) or subtitle B of the Soviet 
        Nuclear Threat Reduction Act of 1991 (as the case may 
        be), if the subject of separate legislation, would be 
        referred, under the rules of the respective House of 
        Congress.

SEC. 509.\18\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

    (a) Assistance for International Nonproliferation 
Activities.--Subject to the limitations and requirements 
provided in this section, during fiscal year 1993 the Secretary 
of Defense, under the guidance of the President, may provide 
assistance to support international nonproliferation 
activities.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 5859.
---------------------------------------------------------------------------
    (b) Activities For Which Assistance May Be Provided.--
Activities for which assistance may be provided under this 
section are activities such as the following:
          (1) Activities carried out by the International 
        Atomic Energy Agency (IAEA) that are designed to ensure 
        more effective safeguards against nuclear proliferation 
        and more aggressive verification of compliance with the 
        Treaty on the Non-Proliferation of Nuclear Weapons, 
        done on July 1, 1968.
          (2) Activities of the On-Site Inspection Agency in 
        support of the United Nations Special Commission on 
        Iraq.
          (3) Collaborative international nuclear security and 
        nuclear safety projects to combat the threat of nuclear 
        theft, terrorism, or accidents, including joint 
        emergency response exercises, technical assistance, and 
        training.
          (4) Efforts to improve international cooperative 
        monitoring of nuclear proliferation through joint 
        technical projects and improved intelligence sharing.
    (c) Form of Assistance.--(1) Assistance under this section 
may include funds and in-kind contributions of supplies, 
equipment, personnel, training, and other forms of assistance.
    (2) Assistance under this section may be provided to 
international organizations in the form of funds only if the 
amount in the ``Contributions to International Organizations'' 
account of the Department of State is insufficient or otherwise 
unavailable to meet the United States fair share of assessments 
for international nuclear nonproliferation activities.
    (3) No amount may be obligated for an expenditure under 
this section unless the Director of the Office of Management 
and Budget determines that the expenditure will be counted 
against the defense category of the discretionary spending 
limits for fiscal year 1993 (as defined in section 601(a)(2) of 
the Congressional Budget Act of 1974) for purposes of part C of 
the Balanced Budget and Emergency Deficit Control Act of 1985.
    (4) No assistance may be furnished under this section 
unless the Secretary of Defense determines and certifies to the 
Congress 30 days in advance that the provision of such 
assistance--
          (A) is in the national security interest of the 
        United States; and
          (B) will not adversely affect the military 
        preparedness of the United States.
    (5) The authority to provide assistance under this section 
in the form of funds may be exercised only to the extent and in 
the amounts provided in advance in appropriations Act.
    (d) Sources of Assistance.--(1) Funds provided as 
assistance under this section shall be derived from amounts 
made available to the Department of Defense for fiscal year 
1993 or from balances in working capital accounts of the 
Department of Defense.
    (2) Supplies and equipment provided as assistance under 
this section may be provided, by loan or donation, from 
existing stocks of the Department of Defense and the Department 
of Energy.
    (3) The total amount of the assistance provided in the form 
of funds under this section may not exceed $40,000,000. Of such 
amount, not more than $20,000,000 may be used for the 
activities of the On-Site Inspection agency in support of the 
United Nations Special Commission on Iraq.
    (4) Not less than 30 days before obligating any funds to 
provide assistance under this section, the Secretary of Defense 
shall transmit to the committees of Congress named in 
subsection (e)(2) a report on the proposed obligation. Each 
such report shall specify--
          (A) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligation; and
          (B) the activities and forms of assistance for which 
        the Secretary of Defense plans to obligate the funds.
    (e) Quarterly Report.--(1) Not later than 30 days after the 
end of each quarter of fiscal year 1993, the Secretary of 
Defense shall transmit to the committees of Congress named in 
paragraph (2) a report of the activities to reduce the 
proliferation threat carried out under this section. Each 
report shall set forth (for the preceding quarter and 
cumulatively)--
          (A) the amounts spent for such activities and the 
        purposes for which they were spent;
          (B) a description of the participation of the 
        Department of Defense and the Department of Energy and 
        the participation of other Government agencies in those 
        activities; and
          (C) a description of the activities for which the 
        funds were spent.
    (2) The committees of Congress to which reports under 
paragraph (1) and under subsection (d)(2) are to be transmitted 
are--
          (A) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations 
        of the Senate; and
          (B) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Foreign Affairs, and 
        the Committee on Energy and Commerce of the House of 
        Representatives.\19\
---------------------------------------------------------------------------
    \19\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(4) of that 
Act provided that references to the Committee on Energy and Commerce 
shall be treated as referring to the Committee on Commerce. Sec. 
1(c)(1) of that Act (110 Stat. 187) further provided that any reference 
to the House Committee on Energy and Commerce shall be treated as 
referring to (1) the Committee on Agriculture in the case of a 
provision relating to inspection of seafood or seafood products; (2) 
the Committee on Banking and Financial Services in the case of a 
provision relating to bank capital markets activities or depository 
institution securities; or (3) the Committee on Transportation and 
Infrastructure in the case of a provision relating to railroads and 
railway labor issues. Finally, sec. 1(a)(5) of that Act (109 Stat. 186) 
provided that references to the Committee on Foreign Affairs shall be 
treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
    (f) Avoidance of Duplicative Authorizations.--This section 
shall not apply if the National Defense Authorization Act for 
Fiscal Year 1993 enacts the same authorities and requirements 
as are contained in this section and authorizes the 
appropriation of the same (or a greater) amount to carry out 
such authorities.

SEC. 510.\20\ REPORT ON SPECIAL NUCLEAR MATERIALS.

    Not later than 180 days after the date of enactment of this 
Act, the Secretary of State shall prepare, in consultation with 
the Secretary of Defense and the Secretary of Energy, and shall 
transmit to the Congress a report on the possible alternatives 
for the ultimate disposition of special nuclear materials of 
the former Soviet Union. This report shall include--
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 5860.
---------------------------------------------------------------------------
          (1) a cost-benefit analysis comparing (A) the 
        relative merits of the indefinite storage and 
        safeguarding of such materials in the independent 
        states of the former Soviet Union and (B) its 
        acquisition by the United States by purchase, barter, 
        or other means;
          (2) a discussion of relevant issues such as the 
        protection of United States uranium producers from 
        dumping, the relative vulnerability of these stocks of 
        special nuclear materials to illegal proliferation, and 
        the potential electrical and other savings associated 
        with their being made available in the fuel cycle in 
        the United States; and
          (3) a discussion of how highly enriched uranium 
        stocks could be diluted for reactor fuel.

SEC. 511.\21\ RESEARCH AND DEVELOPMENT FOUNDATION.

    (a) Establishment.--The Director of the National Science 
Foundation (hereinafter in this section referred to as the 
``Director'') is authorized to establish an endowed, 
nongovernmental, nonprofit foundation (hereinafter in this 
section referred to as the ``Foundation'') in consultation with 
the Director of the National Institute of Standards and 
Technology.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 5861.
---------------------------------------------------------------------------
    (b) Purposes.--The purposes of the Foundation shall be the 
following:
          (1) To provide productive research and development 
        opportunities within the independent states of the 
        former Soviet Union that offer scientists and engineers 
        alternatives to emigration and help prevent the 
        dissolution of the technological infrastructure of the 
        independent states.
          (2) To advance defense conversion by funding civilian 
        collaborative research and development projects between 
        scientists and engineers in the United States and in 
        the independent states of the former Soviet Union.
          (3) To assist in the establishment of a market 
        economy in the independent states of the former Soviet 
        Union by promoting, identifying, and partially funding 
        joint research, development, and demonstration ventures 
        between United States businesses and scientists, 
        engineers, and entrepreneurs in those independent 
        states.
          (4) To provide a mechanism for scientists, engineers, 
        and entrepreneurs in the independent states of the 
        former Soviet Union to develop an understanding of 
        commercial business practices by establishing linkages 
        to United States scientists, engineers, and businesses.
          (5) To provide access for United States businesses to 
        sophisticated new technologies, talented researchers, 
        and potential new markets within the independent states 
        of the former Soviet Union.
    (c) Functions.--In carrying out its purposes, the 
Foundation shall--
          (1) promote and support joint research and 
        development projects for peaceful purposes between 
        scientists and engineers in the United States and 
        independent states of the former Soviet Union on 
        subjects of mutual interest; and'
          (2) seek to establish joint nondefense industrial 
        research, development, and demonstration activities 
        through private sector linkages which may involve 
        participation by scientists and engineers in the 
        university or academic sectors, and which shall include 
        some contribution from industrial participants.
    (d) Funding.--
          (1) Use of certain department of defense funds.--(A) 
        To the extent funds appropriated to carry out subtitle 
        E of title XIV of the National Defense Authorization 
        Act for Fiscal Year 1993 (relating to joint research 
        and development programs with the independent states of 
        the former Soviet Union) are otherwise available for 
        such purpose, such funds may be made available to the 
        Director for use by the Director in establishing the 
        endowment of the Foundation and otherwise carrying out 
        this section.
          (B) For each fiscal year after fiscal year 1993, not 
        more than 50 percent of the funds made available to the 
        Foundation by the United States Government may be funds 
        appropriated in the national defense budget function 
        (function 050).
          (2) Contribution to endowment by participating 
        independent states.--As a condition of participation in 
        the Foundation, an independent state of the former 
        Soviet Union must make a minimum contribution to the 
        endowment of the Foundation, as determined by the 
        Director, which shall reflect the ability of the 
        independent state to make a financial contribution and 
        its expected level of participation in the Foundation's 
        programs.
          (3) Debt conversions.--To the extent provided in 
        advance by appropriations Acts, local currencies or 
        other assets resulting from government-to-government 
        debt conversions may be made available to the 
        Foundation. For purposes of this paragraph, the term 
        ``debt conversion'' means an agreement whereby a 
        country's government-to-government or commercial 
        external debt burden is exchanged by the holder for 
        local currencies, policy commitments, other assets, or 
        other economic activities, or for an equity interest in 
        an enterprise theretofore owned by the debtor 
        government.
          (4) Local currencies.--In addition to other uses 
        provided by law, and subject to agreement with the 
        foreign government, local currencies generated by 
        United States assistance programs may be made available 
        to the Foundation.
          (5) Investment of government assistance.--The 
        Foundation may invest any revenue provided to it 
        through United States Government assistance, and any 
        interest earned on such investment may be used only for 
        the purpose for which the assistance was provided.
          (6) Other funds from government and nongovernmental 
        sources.--The Foundation may accept such other funds as 
        may be provided to it by Government agencies or 
        nongovernmental entities.
          * * * * * * *
          k. Former Soviet Union Demilitarization Act of 1992

Partial text of Public Law 102-484 [National Defense Authorization Act 
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23, 
1992; amended by Public Law 103-160 [National Defense Authorization Act 
for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 
1993; and by Public Law 103-337 [National Defense Authorization Act for 
  Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994

          * * * * * * *

         TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION

                        Subtitle A--Short Title

SEC. 1401.\1\ SHORT TITLE.

    This title may be cited as the ``Former Soviet Union 
Demilitarization Act of 1992''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5901 note.
---------------------------------------------------------------------------

               Subtitle B--Findings and Program Authority

SEC. 1411.\2\ DEMILITARIZATION OF THE INDEPENDENT STATES OF THE FORMER 
                    SOVIET UNION.

    The Congress finds that it is in the national security 
interest of the United States--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5901.
---------------------------------------------------------------------------
          (1) to facilitate, on a priority basis--
                  (A) the transportation, storage, 
                safeguarding, and destruction of nuclear and 
                other weapons of the independent states of the 
                former Soviet Union, including the safe and 
                secure storage of fissile materials, 
                dismantlement of missiles and launchers, and 
                the elimination of chemical and biological 
                weapons capabilities;
                  (B) the prevention of proliferation of 
                weapons of mass destruction and their 
                components and destabilizing conventional 
                weapons of the independent states of the former 
                Soviet Union, and the establishment of 
                verifiable safeguards against the proliferation 
                of such weapons;
                  (C) the prevention of diversion of weapons-
                related scientific expertise of the former 
                Soviet Union to terrorist groups or third 
                countries; and
                  (D) other efforts designed to reduce the 
                military threat from the former Soviet Union;
          (2) to support the demilitarization of the massive 
        defense-related industry and equipment of the 
        independent states of the former Soviet Union and 
        conversion of such industry and equipment to civilian 
        purposes and uses; and
          (3) to expand military-to-military contacts between 
        the United States and the independent states of the 
        former Soviet Union.

SEC. 1412.\3\ AUTHORITY FOR PROGRAMS TO FACILITATE DEMILITARIZATION.

    (a) In General.--Notwithstanding any other provision of 
law, the President is authorized,\4\ in accordance with this 
title, to establish and conduct programs described in 
subsection (b) to assist the demilitarization of the 
independent states of the former Soviet Union.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5902.
    \4\ In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the 
Secretary of Defense. That memorandum further provided that: ``The 
Secretary of Defense shall not exercise authority delegated * * * with 
respect to any former Soviet republic unless the Secretary of State has 
exercised his authority and performed the duty delegated * * * with 
respect to that former Soviet Republic. The Secretary of Defense shall 
not obligated funds in the exercise of authority delegated * * * unless 
the Director of the Office of Management and Budget has determined that 
expenditures during fiscal year 1993 pursuant to such obligation shall 
be counted against the defense category of discretionary spending 
limits for that fiscal year (as defined in section 601(a)(2) of the 
Congressional Budget Act of 1974) for purposes of Part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.'' (58 F.R. 
3193; January 8, 1993).
---------------------------------------------------------------------------
    (b) Types of Programs.--The programs referred to in 
subsection (a) are limited to--
          (1) transporting, storing, safeguarding, and 
        destroying nuclear, chemical, and other weapons of the 
        independent states of the former Soviet Union, as 
        described in section 212(b) of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 
        102-228);
          (2) establishing verifiable safeguards against the 
        proliferation of such weapons and their components;
          (3) preventing diversion of weapons-related 
        scientific expertise of the former Soviet Union to 
        terrorist groups or third countries;
          (4) facilitating the demilitarization of the defense 
        industries of the former Soviet Union and the 
        conversion of military technologies and capabilities 
        into civilian activities;
          (5) establishing science and technology centers in 
        the independent states of the former Soviet Union for 
        the purpose of engaging weapons scientists, engineers, 
        and other experts previously involved with nuclear, 
        chemical, and other weapons in productive, nonmilitary 
        undertakings; and
          (6) expanding military-to-military contacts between 
        the United States and the independent states of the 
        former Soviet Union.
    (c) United States Participation.--The programs described in 
subsection (b) should, to the extent feasible, draw upon United 
States technology and expertise, especially from the United 
States private sector.
    (d) \5\ Restrictions.--United States assistance authorized 
by subsection (a) may not be provided unless the President 
certifies to the Congress, on an annual basis, that the 
proposed recipient country is committed to--
---------------------------------------------------------------------------
    \5\ Sec. 1310 of Public Law 106-65 (113 Stat. 795) provided the 
following:
    ``SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
CERTIFICATION.
    ``No funds appropriated for fiscal year 1999 for Cooperative Threat 
Reduction programs and remaining available for obligation or 
expenditure may be obligated or expended for assistance for any country 
under a Cooperative Threat Reduction Program until the President 
resubmits to Congress an updated certification under section 1203(d) of 
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 
103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 
U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging 
Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 
102-511; 22 U.S.C. 5852).''.
---------------------------------------------------------------------------
          (1) making a substantial investment of its resources 
        for dismantling or destroying such weapons of mass 
        destruction, if such recipient has an obligation under 
        a treaty or other agreement to destroy or dismantle any 
        such weapons;
          (2) forgoing any military modernization program that 
        exceeds legitimate defense requirements and forgoing 
        the replacement of destroyed weapons of mass 
        destruction;
          (3) forgoing any use in new nuclear weapons of 
        fissionable or other components of destroyed nuclear 
        weapons;
          (4) facilitating United States verification of any 
        weapons destruction carried out under this title or 
        section 212 of the Soviet Nuclear Threat Reduction Act 
        of 1991 (title II of Public Law 102-228);
          (5) complying with all relevant arms control 
        agreements; and
          (6) observing internationally recognized human 
        rights, including the protection of minorities.

           Subtitle C--Administrative and Funding Authorities

SEC. 1421.\6\,}\7\ ADMINISTRATION OF DEMILITARIZATION 
                    PROGRAMS.

    (a) Funding.--(1) In recognition of the direct 
contributions to the national security interests of the United 
States of the activities specified in section 1412, funds 
transferred under sections 108 and 109 of Public Law 102-229 
(105 Stat. 1708) are authorized to be made available to carry 
out this title. Of the amount available to carry out this 
title--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 5911.
    \7\ Sec. 9110 of the Department of Defense Appropriations Act, 1993 
(Public Law 102-396; 106 Stat. 1928), provided:
---------------------------------------------------------------------------

                         ``(transfer of funds)
---------------------------------------------------------------------------
    ``Sec. 9110. (a) The Secretary of Defense may transfer to 
appropriate appropriation accounts for the Department of Defense, out 
of funds appropriated to the Department of Defense for fiscal year 
1993, up to $400,000,000 to be available for the purposes authorized in 
the Former Soviet Union Demilitarization Act of 1992: Provided, That 
amounts so transferred shall be in addition to amounts transferred 
pursuant to the authority provided in section 108 of Public Law 102-229 
(105 Stat. 1708).
    ``(b) Of the funds transferred pursuant to subsection (a):
---------------------------------------------------------------------------

          ``(1) not less than $10,000,000 shall be available only for 
        the study, assessment, and identification of nuclear waste 
        disposal by the former Soviet Union in the Arctic region;
          ``(2) not less than $25,000,000 shall be available only for 
        Project PEACE;
          ``(3) not more than $50,000,000 may be made available for the 
        Multilateral Nuclear Safety Initiative announced in Lisbon, 
        Portugal on May 23, 1992;
          ``(4) not more than $40,000,000 may be made available for 
        demilitarization of defense industries;
          ``(5) not more than $15,000,000 may be made available for 
        military-to-military contacts;
          ``(6) not more than $25,000,000 may be made available for 
        joint research and development programs; and
          ``(7) not more than $10,000,000 may be made available for the 
        Volunteers Investing in Peace and Security (VIPS) program.
---------------------------------------------------------------------------
    ``(c) The Secretary of Defense may transfer from amounts 
appropriated to the Department of Defense for fiscal year 1993 or from 
balances in working capital funds not to exceed $15,000,000 to the 
appropriate accounts within the Department of Defense for the purposes 
authorized in section 109 of Public Law 102-229.
    ``(d) The authority provided in sections 108 and 109 of Public Law 
102-229 (105 Stat. 1708) to transfer amounts appropriated for fiscal 
year 1992 shall continue to be in effect during fiscal year 1993.
    ``(e) The Secretary of Defense may transfer to appropriate 
appropriation accounts for the Department of Defense, out of funds 
available to the Department of Defense for fiscal year 1993, up to 
$40,000,000 to be available for international nonproliferation 
activities authorized in the Weapons of Mass Destruction Control Act of 
1992: Provided, That such transfer authority shall not be available for 
payments either to the `Contributions to International Organizations' 
account of the Department of State or to activities carried out by the 
International Atomic Energy Agency which have traditionally been the 
responsibilities of the Departments of State or Energy: Provided 
further, That up to $20,000,000 of the transfer authority provided in 
this section may be used for the activities of the On-Site Inspection 
Agency in support of the United Nations Special Commission on Iraq.
    ``(f) The transfer authority provided in this section shall be in 
addition to any other transfer authority contained in this Act.''.
---------------------------------------------------------------------------
          (A) not more than $40,000,000 may be made available 
        for programs referred to in section 1412(b)(4) relating 
        to demilitarization of defense industries;
          (B) not more than $15,000,000 may be made available 
        for programs referred to in section 1412(b)(6) relating 
        to military-to-military contacts;
          (C) not more than $25,000,000 may be made available 
        for joint research development programs pursuant to 
        section 1441;
          (D) not more than $10,000,000 may be made available 
        for the study, assessment, and identification of 
        nuclear waste disposal activities by the former Soviet 
        Union in the Arctic region;
          (E) not more than $25,000,000 may be made available 
        for Project PEACE; and
          (F) not more than $10,000,000 may be made available 
        for the Volunteers Investing in Peace and Security 
        (VIPS) program under chapter 89 of title 10, United 
        States Code, as added by section 1322.
    (2) Section 221(a) of the Soviet Nuclear Threat Reduction 
Act of 1991 (title II of Public Law 102-228; 105 Stat. 1695) is 
amended--* * * \8\
---------------------------------------------------------------------------
    \8\ For text, see page 1657.
---------------------------------------------------------------------------
    (b) Technical Revisions to Public Law 102-229.--Public Law 
102-229 is amended--* * * \9\
---------------------------------------------------------------------------
    \9\ For text, see page 1663.
---------------------------------------------------------------------------
          * * * * * * *
   l. Conventional Forces in Europe Treaty Implementation Act of 1991

    Partial text of Public Law 102-228 [H.R. 3807], 105 Stat. 1691, 
  approved December 12, 1991; amended by Public Law 102-484 [National 
 Defense Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat. 
 2315, approved October 23, 1992; Public Law 102-511 [FREEDOM Support 
 Act, S. 2532], 106 Stat. 3320, approved October 24, 1992; Public Law 
  103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; and by Public 
 Law 104-106 [National Defense Authorization Act for Fiscal Year 1996; 
          S. 11245], 110 Stat. 186, approved February 10, 1996

AN ACT To amend the Arms Export Control Act to authorize the President 
to transfer battle tanks, artillery pieces, and armored combat vehicles 
   to member countries of the North Atlantic Treaty Organization in 
  conjunction with implementation of the Treaty on Conventional Armed 
                           Forces in Europe.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Conventional Forces in 
Europe Treaty Implementation Act of 1991''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------

SEC. 2.\2\ AUTHORITY TO TRANSFER CERTAIN CFE TREATY-LIMITED EQUIPMENT 
                    TO NATO MEMBERS.

    The Arms Export Control Act is amended by adding at the end 
the following: * * *
---------------------------------------------------------------------------
    \2\ Sec. 2 added a new chapter 9 to the Arms Export Control Act (22 
U.S.C. 2799). See also Legislation on Foreign Relations Through 2001, 
vol. I-A.
---------------------------------------------------------------------------

                  TITLE II--SOVIET WEAPONS DESTRUCTION

                          Part A--Short Title

SEC. 201.\3\ SHORT TITLE.

    This title may be cited as the ``Soviet Nuclear Threat 
Reduction Act of 1991''.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------

                 Part B--Findings and Program Authority

SEC. 211.\3\ NATIONAL DEFENSE AND SOVIET WEAPONS DESTRUCTION.

    (a) Findings.--The Congress finds--
          (1) that Soviet President Gorbachev has requested 
        Western help in dismantling nuclear weapons, and 
        President Bush has proposed United States cooperation 
        on the storage, transportation, dismantling, and 
        destruction of Soviet nuclear weapons;
          (2) that the profound changes underway in the Soviet 
        Union pose three types of danger to nuclear safety and 
        stability, as follows: (A) ultimate disposition of 
        nuclear weapons among the Soviet Union, its republics, 
        and any successor entities that is not conducive to 
        weapons safety or to international stability; (B) 
        seizure, theft, sale, or use of nuclear weapons or 
        components; and (C) transfers of weapons, weapons 
        components, or weapons know-how outside of the 
        territory of the Soviet Union, its republics, and any 
        successor entities, that contribute to worldwide 
        proliferation; and
          (3) that it is in the national security interests of 
        the United States (A) to facilitate on a priority basis 
        the transportation, storage, safeguarding, and 
        destruction of nuclear and other weapons in the Soviet 
        Union, its republics, and any successor entities, and 
        (B) to assist in the prevention of weapons 
        proliferation.
    (b) \4\ Exclusions.--United States assistance in destroying 
nuclear and other weapons under this title may not be provided 
to the Soviet Union, any of its republics, or any successor 
entity unless the President certifies to the Congress that the 
proposed recipient is committed to--
---------------------------------------------------------------------------
    \4\ In State Department Public Notice 1603 of April 3, 1992 (57 
F.R. 13152; April 15, 1992), the Secretary of State delegated ``to the 
Deputy Secretary of State in his capacity as the Coordinator for U.S. 
Assistance to the new Independent States the functions vested in the 
President under section 211(b) of H.R. 3807, as passed by the Senate on 
November 25, 1991, and referred to in section 108 of the Dire Emergency 
Supplemental Appropriations * * * (Pub. L. 102-229).''.
    This authority was delegated earlier to the Secretary of State by 
the President in a Memorandum of March 20, 1992 (57 F.R. 11554; April 
6, 1992).
    Section 108 of Public Law 102-229 was subsequently amended to refer 
to Public Law 102-228.
---------------------------------------------------------------------------
          (1) making a substantial investment of its resources 
        for dismantling or destroying such weapons;
          (2) forgoing any military modernization program that 
        exceeds legitimate defense requirements and forgoing 
        the replacement of destroyed weapons of mass 
        destruction;
          (3) forgoing any use of fissionable and other 
        components of destroyed nuclear weapons in new nuclear 
        weapons;
          (4) facilitating United States verification of 
        weapons destruction carried out under section 212;
          (5) complying with all relevant arms control 
        agreements; and
          (6) observing internationally recognized human 
        rights, including the protection of minorities.
    (c) \5\ As part of a transmission to Congress under 
subsection (b) of a certification that a proposed recipient of 
United States assistance under this title is committed to 
carrying out the matters specified in each of paragraphs (1) 
through (6) of that subsection, the President shall include a 
statement setting forth, in unclassified form (together with a 
classified annex if necessary), the determination of the 
President, with respect to each such paragraph, as to whether 
that proposed recipient is at that time in fact carrying out 
the matter specified in that paragraph.
---------------------------------------------------------------------------
    \5\ Sec. 1204 of Public Law 104-106 (110 Stat. 470) added subsec. 
(c).
---------------------------------------------------------------------------

SEC. 212.\3\,}\6\ AUTHORITY FOR PROGRAM TO FACILITATE SOVIET 
                    WEAPONS DESTRUCTION.

    (a) In General.--Notwithstanding any other provision of 
law, the President, consistent with the findings stated in 
section 211, may establish a program as authorized in 
subsection (b) to assist Soviet weapons destruction. Funds for 
carrying out this program shall be provided as specified in 
part C.
---------------------------------------------------------------------------
    \6\ In a memorandum for the Secretary of State, the Secretary of 
Defense and the Director of the Office of Management and Budget, the 
President delegated ``to the Secretary of Defense the authorities and 
duties vested in the President under sections 212, 221, 231, and 232 of 
H.R. 3807 as passed the Senate on November 25, 1991, and referred to in 
section 108 of the Act.''.
    The memorandum further provided that the Secretary of Defense shall 
not exercise such authority until the authority in section 211(b), 
delegated to the Secretary of State, had been exercised. Furthermore, 
any obligation of funds on the part of the Secretary of Defense shall 
require a determination by the Director of OMB, in accordance with sec. 
221(e) of H.R. 3807, as passed by the Senate on November 25, 1991 and 
referred to in section 108 of Public Law 102-229.
    Subsequent to these delegations, sec. 108 of Public Law 102-229 was 
amended to refer, instead, to Public Law 102-228.
---------------------------------------------------------------------------
    (b) Type of Program.--The program under this section shall 
be limited to cooperation among the United States, the Soviet 
Union, its republics, and any successor entities to (1) destroy 
nuclear weapons, chemical weapons, and other weapons, (2) 
transport, store, disable, and safeguard weapons in connection 
with their destruction, and (3) establish verifiable safeguards 
against the proliferation of such weapons. Such cooperation may 
involve assistance in planning and in resolving technical 
problems associated with weapons destruction and proliferation. 
Such cooperation may also involve the funding of critical 
short-term requirements related to weapons destruction and 
should, to the extent feasible, draw upon United States 
technology and United States technicians.

             Part C--Administrative and Funding Authorities

SEC. 221.\3\,}\6\ ADMINISTRATION OF NUCLEAR THREAT REDUCTION 
                    PROGRAMS.

    (a) Funding.--
          (1) Transfer authority.--The President may, to the 
        extent provided in an appropriations Act or joint 
        resolution, transfer to the appropriate defense 
        accounts from amounts appropriated to the Department of 
        Defense for fiscal years 1992 and 1993 \7\ for 
        operation and maintenance or from balances in working 
        capital accounts established under section 2208 of 
        title 10, United States Code, not to exceed 
        $800,000,000 \8\, \9\ for use in reducing 
        the Soviet military threat under part B.
---------------------------------------------------------------------------
    \7\ Sec. 1421(a)(2)(A) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out 
``fiscal year 1992'' and inserted in lieu thereof ``fiscal years 1992 
and 1993''.
    \8\ Sec. 1421(a)(2)(B) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out 
``$400,000,000'' and inserted in lieu thereof ``$800,000,000''.
    \9\ Sec. 506 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3341) made duplicate amendments. Sec. 506(c) of that Act, 
however, provided:
    ``(c) Avoidance of Duplicative Amendments.--The amendments made by 
this section shall not be effective if the National Defense 
Authorization Act for Fiscal Year 1993 enacts an amendment to section 
221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that 
authorizes the transfer of an amount that is the same or greater than 
the amount that is authorized by the amendment made by subsection 
(a)(1) of this section and enacts amendments identical to those in 
subsections (a)(2) and (b) of this section [subsec. (b) amended Public 
Law 102-229]. If that Act enacts such amendments, sections 503 and 508 
of this act shall be deemed to apply with respect to the funds made 
available under such amendments.''.
---------------------------------------------------------------------------
          (2) Limitation.--Amounts for transfers under 
        paragraph (1) may not be derived from amounts 
        appropriated for any activity of the Department of 
        Defense that the Secretary of Defense determines 
        essential for the readiness of the Armed Forces, 
        including amounts for--
                  (A) training activities; and
                  (B) depot maintenance activities.
    (b) Department of Defense.--The Department of Defense shall 
serve as the executive agent for any program established under 
part B.
    (c) Reimbursement of Other Agencies.--The Secretary of 
Defense may reimburse other United States Government 
departments and agencies under this section for costs of 
participation, as directed by the President,\10\ only in a 
program established under part B.
---------------------------------------------------------------------------
    \10\ In a memorandum of May 10, 1996, for the Secretaries of State 
and Defense, the President delegated this authority to the Secretary of 
State (61 F.R. 26033).
---------------------------------------------------------------------------
    (d) Charges Against Funds.--The value of any material from 
existing stocks and inventories of the Department of Defense, 
or any other United States Government department or agency, 
that is used in providing assistance under part B to reduce the 
Soviet military threat may not be charged against funds 
available pursuant to subsection (a) to the extent that the 
material contributed is directed by the President to be 
contributed without subsequent replacement.
    (e) \6\ Determination by Director of OMB.--No amount may be 
obligated for the program under part B for fiscal year 1992 or 
fiscal year 1993 \9\, \11\ unless expenditures for 
that program for that fiscal year \9\, \12\ have 
been determined by the Director of the Office of Management and 
Budget to be counted against the defense category of the 
discretionary spending limits for that fiscal year 
\9\, \13\ (as defined in section 601(a)(2) of the 
Congressional Budget Act of 1974) for purposes of part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.
---------------------------------------------------------------------------
    \11\ Sec. 1421(a)(3)(A) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted 
``for fiscal year 1992 or fiscal year 1993'' after ``under part B''.
    \12\ Sec. 1421(a)(3)(B) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted 
``for that fiscal year'' after ``for that program''.
    \13\ Sec. 1421(a)(3)(C) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out 
``for fiscal year 1992'' and inserted in lieu thereof ``for that fiscal 
year''.
---------------------------------------------------------------------------

SEC. 222.\3\ REPAYMENT ARRANGEMENTS.

    (a) Reimbursement Arrangements.--Assistance provided under 
part B to the Soviet Union, any of its republics, or any 
successor entity shall be conditioned, to the extent that the 
President determines to be appropriate after consultation with 
the recipient government, upon the agreement of the recipient 
government to reimburse the United States Government for the 
cost of such assistance from natural resources or other 
materials available to the recipient government.
    (b) Natural Resources, Etc.--The President shall encourage 
the satisfaction of such reimbursement arrangements through the 
provision of natural resources, such as oil and petroleum 
products and critical and strategic materials, and industrial 
goods. Materials received by the United States Government 
pursuant to this section that are suitable for inclusion in the 
Strategic Petroleum Reserve or the National Defense Stockpile 
may be deposited in the reserve or stockpile without 
reimbursement. Other material and services received may be sold 
or traded on the domestic or international market with the 
proceeds to be deposited in the General Fund of the Treasury.

SEC. 223.\3\ DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS.

    It is the sense of the Senate that the committee of 
conference on House Joint Resolution 157 \14\ should consider 
providing the necessary authority in the conference agreement 
for the President to transfer funds pursuant to this title.
---------------------------------------------------------------------------
    \14\ See sec. 108 of H.J. Res. 157 (Public Law 102-229), page 1663.
---------------------------------------------------------------------------

                     Part D--Reporting Requirements

SEC. 231.\3\,}\6\ PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.

    Not less than 15 days before obligating any funds for a 
program under part B, the President shall transmit to the 
Congress a report on the proposed obligation. Each such report 
shall specify--
          (1) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligation; and
          (2) the activities and forms of assistance under part 
        B for which the President plans to obligate such funds.

SEC. 232.\15\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \15\ Sec. 139(17) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398), 
repealed sec. 232, which had required that the President report 
quarterly on certain activities to reduce the Soviet military threat.
---------------------------------------------------------------------------

             TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT

SEC. 301.\16\ AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY 
                    AIRLIFT AND OTHER SUPPORT.

    (a) Findings.--The Congress finds--
---------------------------------------------------------------------------
    \16\ In a January 21, 1992, memorandum for the Secretary of Defense 
(57 F.R. 3111; January 28, 1992), the President, to meet requirements 
on funds appropriated by section 109 of Public Law 102-229, relating to 
the ``transport by military or commercial means, food, medical 
supplies, and other types of humanitarian assistance to the Soviet 
Union, or its Republics, or localities therein--with the consent of the 
relevant Republic government or its independent successor--in order to 
address emergency conditions which may arise therein, and for the 
purposes set forth in section 301 of H.R. 3807 * * *'', designated such 
funds ``as emergency requirements, pursuant to the terms of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended * 
* *''. The President further directed the Secretary of Defense to make 
certain transfers, and delegated certain authorities and duties to the 
Secretary as defined in section 301 of H.R. 3807 as passed by the 
Senate on November 25, 1991.
    H.R. 3807 was enacted into law as Public Law 102-228 on December 
12, 1991. References to H.R. 3807 as passed by the Senate on November 
25, 1991, in the corresponding appropriations Act, Public Law 102-229, 
were amended by Public Law 102-484 and Public Law 102-511 to refer 
instead to the enacted authorization in Public Law 102-228.
---------------------------------------------------------------------------
          (1) that political and economic conditions within the 
        Soviet Union and its republics are unstable and are 
        likely to remain so for the foreseeable future;
          (2) that these conditions could lead to the return of 
        antidemocratic forces in the Soviet Union;
          (3) that one of the most effective means of 
        preventing such a situation is likely to be the 
        immediate provision of humanitarian assistance; and
          (4) that should this need arise, the United States 
        should have funds readily available to provide for the 
        transport of such assistance to the Soviet Union, its 
        republics, and any successor entities.
    (b) Authority to Transfer Certain Funds.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Secretary of Defense, at the direction of 
        the President, may during fiscal year 1992, to the 
        extent provided in an appropriations Act or joint 
        resolution, transfer to the appropriate defense 
        accounts sufficient funds, not to exceed $100,000,000, 
        from funds described in paragraph (3) in order to 
        transport, by military or commercial means, food, 
        medical supplies, and other types of humanitarian 
        assistance to the Soviet Union, its republics, or any 
        successor entities--with the consent of the relevant 
        republic government or independent successor entity--in 
        order to address emergency conditions which may arise 
        in such republic or successor entity, as determined by 
        the President. As used in this subsection, the term 
        ``humanitarian assistance'' does not include 
        construction equipment, including tractors, scrapers, 
        loaders, graders, bulldozers, dumptrucks, generators, 
        and compressors.
          (2) Reports by the secretary of state.--The Secretary 
        of State shall promptly report to the President 
        regarding any emergency conditions which may require 
        such humanitarian assistance. The Secretary's report 
        shall include an estimate of the extent of need for 
        such assistance, discuss whether the consent of the 
        relevant republic government or independent successor 
        entity has been given for the delivery of such 
        assistance, describe steps other nations and 
        organizations are prepared to take in response to an 
        emergency, and discuss the foreign policy implications, 
        if any, of providing such assistance.
          (3) Source of funds.--Any funds which are transferred 
        pursuant to this subsection shall be drawn from amounts 
        appropriated to the Department of Defense for fiscal 
        year 1992 or from balances in working capital accounts 
        established under section 2208 of title 10, United 
        States Code.
          (4) Emergency requirements.--The Congress designates 
        all funds transferred pursuant to this section as 
        ``emergency requirements'' for all purposes of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985. Notwithstanding any other provision of law, funds 
        shall be available for transfer pursuant to this 
        section only if, not later than the date of enactment 
        of the appropriations Act or joint resolution that 
        makes funds available for transfer pursuant to this 
        section, the President, in a single designation, 
        designates the entire amount of funds made available 
        for such transfer by that appropriations Act or joint 
        resolution to be ``emergency requirements'' for all 
        purposes of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.
    (c) Repayment Arrangements.--
          (1) Reimbursement arrangements.--Assistance provided 
        under subsection (b) to the Soviet Union, any of its 
        republics, or any successor entity shall be 
        conditioned, to the extent that the President 
        determines to be appropriate after consultation with 
        the recipient government, upon the agreement of the 
        recipient government to reimburse the United States 
        Government for the cost of such assistance from natural 
        resources or other materials available to the recipient 
        government.
          (2) Natural resources, etc.--The President shall 
        encourage the satisfaction of such reimbursement 
        arrangements through the provision of natural 
        resources, such as oil and petroleum products and 
        critical and strategic materials, and industrial goods. 
        Materials received by the United States Government 
        pursuant to this subsection that are suitable for 
        inclusion in the Strategic Petroleum Reserve or the 
        National Defense Stockpile may be deposited in the 
        reserve or stockpile without reimbursement. Other 
        material and services received may be sold or traded on 
        the domestic or international market with the proceeds 
        to be deposited in the General Fund of the Treasury.
    (d) Dire Emergency Supplemental Appropriations.--It is the 
sense of the Senate that the committee of conference on House 
Joint Resolution 157 should consider providing the necessary 
authority in the conference agreement for the Secretary of 
Defense to transfer funds pursuant to this title.

SEC. 302. REPORTING REQUIREMENTS.

    (a) Prior Notice.--Before any funds are transferred for the 
purposes authorized in section 301(b), the President shall 
notify the Committees on Armed Services and the Committees on 
Appropriations of the Senate and the House of Representatives 
\17\ of the account, budget activity, and particular program or 
programs from which the transfer is planned to be made and the 
amount of the transfer.
---------------------------------------------------------------------------
    \17\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------
    (b) Reports to the Congress.--Within ten days after 
directing the Secretary of Defense to transfer funds pursuant 
to section 301(b), the President shall provide a report to the 
Committees on Armed Services of the Senate and House of 
Representatives, the Committees on Appropriations of the Senate 
and House of Representatives, and the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives.\18\ This report shall at a 
minimum, set forth--
---------------------------------------------------------------------------
    \18\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
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          (1) the amount of funds transferred under this title, 
        including the source of such funds;
          (2) the conditions which prompted the use of this 
        authority;
          (3) the form and number of lift assets planned to be 
        used to deliver assistance pursuant to this title;
          (4) the types and purpose of the cargo planned to be 
        delivered pursuant to this title; and
          (5) the locations, organizations, and political 
        institutions to which assistance is planned to be 
        delivered pursuant to this title.

               TITLE IV--ARMS CONTROL AND DISARMAMENT ACT

SEC. 401.\19\ ARMS CONTROL AND DISARMAMENT AGENCY. * * * [REPEALED--
                    1994]
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    \19\ Sec. 401(a) and (b) amended the Arms Control and Disarmament 
Act at sec. 41 (22 U.S.C. 2581) and sec. 49 (22 U.S.C. 2589(a)). See 
pages 1202 and 1209, respectively. Sec. 401(c), which had required that 
the Inspector General of ACDA report to the President and to Congress 
on ACDA's fulfillment of primary functions described in section 2 of 
the Arms Control and Disarmament Act, was repealed by sec. 139(18) of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 
(Public Law 103-236; 108 Stat. 398).
---------------------------------------------------------------------------

SEC. 402.\20\ ON-SITE INSPECTION AGENCY. * * *

      
---------------------------------------------------------------------------
    \20\ Sec. 402(a) amended secs. 61 and 64 of the Arms Control and 
Disarmament Act (22 U.S.C. 2595, 2595c). Sec. 402(b) redesignated sec. 
64 of the Arms Control and Disarmament Act as sec. 65, and added a new 
sec. 64 (22 U.S.C. 2595b-1).
  m. Soviet Nuclear Threat Reduction--Appropriations, Fiscal Year 1992

    Partial text of Public Law 102-229 [Dire Emergency Supplemental 
  Appropriations and Transfers for Relief From the Effects of Natural 
    Disasters, for Other Urgent Needs, and for Incremental Cost of 
 ``Operation Desert Shield/Desert Storm'' Act of 1992; H.J. Res. 157], 
 105 Stat. 1701, approved December 12, 1991; amended by Public Law 102-
  484 [National Defense Authorization Act for Fiscal Year 1993, H.R. 
  5006], 106 Stat. 2315, approved October 23, 1992; and by Public Law 
   102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved 
                            October 24, 1992

JOINT RESOLUTION Making dire emergency supplemental appropriations and 
 transfers for relief from the effects of natural disasters, for other 
 urgent needs, and for incremental costs of ``Operation Desert Shield/
 Desert Storm'' for the fiscal year ending September 30, 1992, and for 
                            other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide dire emergency 
supplemental appropriations for the fiscal year ending 
September 30, 1992, and for other purposes, namely:
          * * * * * * *

             TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER I

          * * * * * * *

          restriction on arms sales to saudi arabia and kuwait

    Sec. 104. (a) No funds appropriated or otherwise made 
available by this or any other Act may be used in any fiscal 
year to conduct, support, or administer any sale of defense 
articles or defense services to Saudi Arabia or Kuwait until 
that country has paid in full, either in cash or in mutually 
agreed in-kind contributions, the following commitments made to 
the United States to support Operation Desert Shield/Desert 
Storm:
          (1) In the case of Saudi Arabia, $16,839,000,000.
          (2) In the case of Kuwait, $16,006,000,000.
    (b) For purposes of this section, the term ``any sale'' 
means any sale with respect to which the President is required 
to submit a numbered certification to the Congress pursuant to 
the Arms Export Control Act on or after the effective date of 
this section.
    (c) This section shall take effect 120 days after the date 
of enactment of this joint resolution.
    (d) Any military equipment of the United States, including 
battle tanks, armored combat vehicles, and artillery, included 
within the Conventional Forces in Europe Treaty definition of 
``conventional armaments and equipment limited by the Treaty'', 
which may be transferred to any other NATO country shall be 
subject to the notification procedures stated in section 523 of 
Public Law 101-513 and in section 634A of the Foreign 
Assistance Act of 1961.
          * * * * * * *

                          (transfer of funds)

    Sec. 108.\1\ In addition to other transfer authority 
available to the Department of Defense, the Secretary of 
Defense may transfer from amounts appropriated to the 
Department of Defense for fiscal year 1992 for operation and 
maintenance or from balances in working capital accounts 
established under section 2208 of title 10, United States Code, 
not to exceed $400,000,000, to the appropriate accounts within 
the Department of Defense for reducing the Soviet nuclear 
threat and for the purposes set forth in the Soviet Nuclear 
Threat Reduction Act of 1991 (title II of Public Law 102-
228),\2\, \3\ and under the terms and conditions of 
such Act: \4\ Provided, That the readiness of the United States 
Armed Forces shall not be diminished by such transfer of 
funds.\5\
---------------------------------------------------------------------------
    \1\ Sec. 1205(c) of the National Defense Authorization Act for 
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1781), provided the 
following:
    ``(c) Authorization of Extension of Availability of Prior Year 
Funds.--To the extent provided in appropriations Acts, the authority to 
transfer funds of the Department of Defense provided in section 9110(a) 
of the Department of Defense Appropriations Act, 1993 (Public Law 102-
396; 106 Stat. 1928), and in section 108 of Public Law 102-229 (105 
Stat. 1708) shall continue to be in effect during fiscal year 1994.''.
    \2\ Sec. 1421(b)(1) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out 
``contained in H.R. 3807, as passed the Senate on November 25, 1991'', 
and inserted in lieu thereof ``(title II of Public Law 102-228)''.
    \3\ Sec. 506 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3341) made duplicate amendments. Sec. 506(c) of that Act, 
however, provided:
    ``(c) Avoidance of Duplicative Amendments.--The amendments made by 
this section shall not be effective if the National Defense 
Authorization Act for Fiscal Year 1993 enacts an amendment to section 
221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that 
authorizes the transfer of an amount that is the same or greater than 
the amount that is authorized by the amendment made by subsection 
(a)(1) of this section and enacts amendments identical to those in 
subsections (a)(2) and (b) of this section [subsec. (b) amended Public 
Law 102-229]. If that Act enacts such amendments, sections 503 and 508 
of this act shall be deemed to apply with respect to the funds made 
available under such amendments.''.
    \4\ In a January 21, 1992, memorandum for the Secretary of Defense 
(57 F.R. 3111; January 28, 1992), the President, to meet requirements 
on funds appropriated by sec. 109 of Public Law 102-229, relating to 
the ``transport by military or commercial means, food, medical 
supplies, and other types of humanitarian assistance to the Soviet 
Union, or its Republics, or localities therein--with the consent of the 
relevant Republic government or its independent successor--in order to 
address emergency conditions which may arise therein, and for the 
purposes set forth in section 301 of H.R. 3807, as passed the Senate on 
November 25, 1991, and under the terms and conditions of such section 
301 of H.R. 3807 * * *'', designated such funds ``as emergency 
requirements, pursuant to the terms of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended * * *''. The 
President further directed the Secretary of Defense to make certain 
transfers, and delegated certain authorities and duties to the 
Secretary as defined by sec. 301 of H.R. 3807 as passed by the Senate 
on November 25, 1991.
    For the Soviet Nuclear Threat Reduction Act of 1991, as contained 
in H.R. 3807, and passed by the Senate on November 25, 1991, see 
Legislation on Foreign Relations Through 1991, vol. II, page 1042. For 
the Soviet Nuclear Threat Reduction Act of 1991, as enacted into law 
(Public Law 102-228; 105 Stat. 1693), see page 1655.
    \5\ Sec. 9110(a) of the Department of Defense Appropriations Act, 
1993 (Public Law 102-396; 106 Stat. 1928), authorized the Secretary of 
Defense to transfer to appropriate appropriation accounts for the 
Department of Defense, out of funds appropriated to the Department of 
Defense for fiscal year 1993, up to $400,000,000 to be available for 
the purposes authorized in the Former Soviet Union Demilitarization Act 
of 1992, in addition to amounts transferred pursuant to the authority 
provided in section 108 of Public Law 102-229 (105 Stat. 1708). The 
funds made available in sec. 9110(a) of Public Law 102-396 were 
earmarked for particular projects, see 106 Stat. 1928. Sec. 9110(c) of 
that Act authorized the transfer of another $15,000,000 from the 
balances of DOD working capital funds for the purposes authorized in 
sec. 109. Sec. 9110(e) of that Act authorized the transfer of another 
$40,000,000 for international proliferation activities pursuant to the 
Weapons of Mass Destruction Control Act of 1992 (title XV of Public Law 
102-484).
    Title II of the Department of Defense Appropriations Act, 1994 
(Public Law 103-139; 107 Stat. 1426), provided $400,000,000 for former 
Soviet Union threat reduction. Title II of the Department of Defense 
Appropriations Act, 1995 (Public Law 103-335; 108 Stat. 2606), also 
provided $400,000,000. Title I, chapter II, Department of Defense, 
Operation and Maintenance, of Public Law 104-6 (109 Stat. 77), however, 
rescinded $20,000,000 of that which was provided in Public Law 103-335. 
Title II of the Department of Defense Appropriations Act, 1996 (Public 
Law 104-61; 109 Stat. 642) provided $300,000,000.
    Most recently, title II of the Department of Defense Appropriations 
Act, 1997 (sec. 101(b) of title I of Public Law 104-208; 110 Stat. 
3009), provided the following:
---------------------------------------------------------------------------

                 ``Former Soviet Union Threat Reduction
---------------------------------------------------------------------------
    ``For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise; $327,900,000, to remain available 
until expended.''.
---------------------------------------------------------------------------

                          (transfer of funds)

    Sec. 109.\4\, \5\, \6\ In addition to 
other transfer authority available to the Department of 
Defense, the Secretary of Defense, upon the declaration of an 
emergency by the President under the terms of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, 
may transfer from amounts appropriated to the Department of 
Defense for fiscal year 1992 or from balances in working 
capital accounts established under section 2208 of title 10, 
United States Code, not to exceed $100,000,000, to the 
appropriate accounts within the Department of Defense, in order 
to transport by military or commercial means, food, medical 
supplies, and other types of humanitarian assistance to the 
Soviet Union, or its Republics, or localities therein--with the 
consent of the relevant Republic government or its independent 
successor--in order to address emergency conditions which may 
arise therein, and for the purposes set forth in section 301 of 
Public Law 102-228 (105 Stat. 1696),\3\, \7\ and 
under the terms and conditions of such section 301: 
\3\, \8\ Provided, That the readiness of the United 
States Armed Forces shall not be diminished by such transfer of 
funds: Provided further, That the Committees on Appropriations 
be notified of transfers under this provision fifteen days in 
advance.
---------------------------------------------------------------------------
    \6\ In a January 21, 1992, memorandum for the Secretary of Defense 
(57 F.R. 3111; January 28, 1992), the President stated:
    ``1. I designate as emergency requirements, pursuant to the terms 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, the full amount for which section 109 provides.
    ``2. Effective upon satisfaction of applicable congressional 
notification requirements, I direct the Secretary of Defense to 
transfer funds under section 109 as it incorporates by reference 
section 301(b) of H.R. 3807 as passed the Senate on November 25, 1991.
    ``3. The authorities and duties of the President under section 301 
of H.R. 3807 as passed the Senate on November 25, 1991, and referred to 
in section 109 (except the designation of emergency relating to funding 
addressed in paragraph 1 and the direction addressed in paragraph 2) 
are hereby delegated to the Secretary of Defense.''.
    \7\ Sec. 1421(b)(2)(A) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out 
``H.R. 3807, as passed the Senate on November 25, 1991'' and inserted 
in lieu thereof ``Public Law 102-228 (105 Stat. 1696)''.
    \8\ Sec. 1421(b)(2)(B) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out 
``of H.R. 3807'' here.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE II--GENERAL PROVISIONS

          * * * * * * *
    Sec. 201. No part of any appropriation contained in this 
joint resolution shall remain available for obligation beyond 
the current fiscal year unless expressly so provided herein.

                 congressional designation of emergency

    Sec. 202. Although the President has only designated 
portions of the funds in this joint resolution pertaining to 
the incremental costs of Desert Shield/Desert Storm and certain 
Federal Emergency Management Agency costs as ``emergency 
requirements'', the Congress believes that the same or higher 
priority should be given to helping American people recover 
from natural disasters and other emergency situations as has 
been given to foreign aid ``emergency'' needs. The Congress 
therefore designates all funds in Titles I and II of this joint 
resolution as ``emergency requirements'' for all purposes of 
the Balanced Budget and Emergency Deficit Control Act of 1985.
          * * * * * * *

SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNITION OF 
                    UKRAINIAN INDEPENDENCE.

    (a) Findings.--The Senate makes the following findings:
          (1) On August 24, 1991, the democratically elected 
        Ukrainian parliament declared Ukrainian independence 
        and the creation of an independent, democratic state--
        Ukraine.
          (2) That declaration reflects the desire of the 
        people of Ukraine for freedom and independence 
        following long years of communist oppression, 
        collectivization, and centralization.
          (3) On December 1, 1991, a republic-wide referendum 
        will be held in Ukraine to confirm the August 24, 1991, 
        declaration of independence.
          (4) Ukraine is pursuing a peaceful and democratic 
        path to independence and has pledged to comply with the 
        Helsinki Final Act and other documents of the 
        Conference on Security and Cooperation in Europe.
          (5) Ukraine and Russia signed an agreement on August 
        29, 1991, recognizing each other's rights to state 
        independence and affirming each other's territorial 
        integrity.
          (6) Ukraine, a nation of 52,000,000 people, with its 
        own distinct linguistic, cultural, and religious 
        traditions, is determined to take its place among the 
        family of free and democratic nations of the world.
          (7) The Congress has traditionally supported the 
        rights of people to peaceful and democratic self-
        determination.
          (8) As recognized in Article VIII of the Helsinki 
        Final Act of the Conference on Security and Cooperation 
        in Europe, ``all peoples always have the right, in full 
        freedom, to determine, when and as they wish, their 
        internal and external political status, without 
        external interference, and to pursue as they wish their 
        political, economic, social and cultural development''.
    (b) Sense of the Senate.--It is the sense of the Senate 
that the President--
          (1) should recognize Ukraine's independence and 
        undertake steps toward the establishment of full 
        diplomatic relations with Ukraine should the December 
        1, 1991, referendum confirm Ukrainian parliament's 
        independence declaration; and
          (2) should use United States assistance, trade, and 
        other programs to support the Government of Ukraine and 
        encourage the further development of democracy and a 
        free market in Ukraine.
          * * * * * * *
    This joint resolution may be cited as the ``Dire Emergency 
Supplemental Appropriations and Transfers for Relief From the 
Effects of Natural Disasters, for Other Urgent Needs, and for 
Incremental Cost of `Operation Desert Shield/Desert Storm' Act 
of 1992''.
         4. Nonproliferation of Weapons of Mass Destruction \1\

                  a. Iran Nonproliferation Act of 2000

 Public Law 106-178 [H.R. 1883], 114 Stat. 38, approved March 14, 2000

 AN ACT To provide for the application of measures to foreign persons 
 who transfer to Iran certain goods, services, or technology, and for 
                            other purposes.

SECTION 1.\2\ SHORT TITLE.

    This Act may be cited as the ``Iran Nonproliferation Act of 
2000''.
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    \1\ See also arms control provisions in annual National Defense 
Authorization Acts, this volume. See also international terrorism 
provisions, this volume. See also in the Arms Export Control Act 
(Legislation on Foreign Relations Through 2001, vol. I-A): chapter 7--
Control of Missiles and Missile Equipment Technology, chapter 8--
Chemical or Biological Weapons Proliferation, and chapter 10--Nuclear 
Proliferation Controls. See also in the Export Administration Act of 
1979 (Legislation on Foreign Relations Through 2000, vol. III): sec. 
5--National Security Controls, sec. 6--Foreign Policy Controls, sec. 
11A--Multilateral Export Control Violations, sec. 11B--Missile 
Proliferation Control Violations, sec. 11C--Chemical and Biological 
Weapons Proliferation Sanctions.
    \2\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------

SEC. 2. REPORTS ON PROLIFERATION TO IRAN.

    (a) Reports.--The President shall, at the times specified 
in subsection (b), submit to the Committee on International 
Relations of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report identifying every 
foreign person with respect to whom there is credible 
information indicating that that person, on or after January 1, 
1999, transferred to Iran--
          (1) goods, services, or technology listed on--
                  (A) the Nuclear Suppliers Group Guidelines 
                for the Export of Nuclear Material, Equipment 
                and Technology (published by the International 
                Atomic Energy Agency as Information Circular 
                INFCIRC/254/Rev.3/Part 1, and subsequent 
                revisions) and Guidelines for Transfers of 
                Nuclear-Related Dual-Use Equipment, Material, 
                and Related Technology (published by the 
                International Atomic Energy Agency as 
                Information Circular INFCIRC/254/Rev.3/Part 2, 
                and subsequent revisions);
                  (B) the Missile Technology Control Regime 
                Equipment and Technology Annex of June 11, 
                1996, and subsequent revisions;
                  (C) the lists of items and substances 
                relating to biological and chemical weapons the 
                export of which is controlled by the Australia 
                Group;
                  (D) the Schedule One or Schedule Two list of 
                toxic chemicals and precursors the export of 
                which is controlled pursuant to the Convention 
                on the Prohibition of the Development, 
                Production, Stockpiling and Use of Chemical 
                Weapons and on Their Destruction; or
                  (E) the Wassenaar Arrangement list of Dual 
                Use Goods and Technologies and Munitions list 
                of July 12, 1996, and subsequent revisions; or
          (2) goods, services, or technology not listed on any 
        list identified in paragraph (1) but which nevertheless 
        would be, if they were United States goods, services, 
        or technology, prohibited for export to Iran because of 
        their potential to make a material contribution to the 
        development of nuclear, biological, or chemical 
        weapons, or of ballistic or cruise missile systems.
    (b) Timing of Reports.--The reports under subsection (a) 
shall be submitted not later than 90 days after the date of the 
enactment of this Act, not later than 6 months after such date 
of enactment, and not later than the end of each 6-month period 
thereafter.
    (c) Exceptions.--Any foreign person who--
          (1) was identified in a previous report submitted 
        under subsection (a) on account of a particular 
        transfer; or
          (2) has engaged in a transfer on behalf of, or in 
        concert with, the Government of the United States, is 
        not required to be identified on account of that same 
        transfer in any report submitted thereafter under this 
        section, except to the degree that new information has 
        emerged indicating that the particular transfer may 
        have continued, or been larger, more significant, or 
        different in nature than previously reported under this 
        section.
    (d) Submission in Classified Form.--When the President 
considers it appropriate, reports submitted under subsection 
(a), or appropriate parts thereof, may be submitted in 
classified form.

SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

    (a) Application of Measures.--Subject to sections 4 and 5, 
the President is authorized to apply with respect to each 
foreign person identified in a report submitted pursuant to 
section 2(a), for such period of time as he may determine, any 
or all of the measures described in subsection (b).
    (b) Description of Measures.--The measures referred to in 
subsection (a) are the following:
          (1) Executive order no. 12938 prohibitions.--The 
        measures set forth in subsections (b) and (c) of 
        section 4 of Executive Order No. 12938.
          (2) Arms export prohibition.--Prohibition on United 
        States Government sales to that foreign person of any 
        item on the United States Munitions List as in effect 
        on August 8, 1995, and termination of sales to that 
        person of any defense articles, defense services, or 
        design and construction services under the Arms Export 
        Control Act.
          (3) Dual use export prohibition.--Denial of licenses 
        and suspension of existing licenses for the transfer to 
        that person of items the export of which is controlled 
        under the Export Administration Act of 1979 or the 
        Export Administration Regulations.
    (c) Effective Date of Measures.--Measures applied pursuant 
to subsection (a) shall be effective with respect to a foreign 
person no later than--
          (1) 90 days after the report identifying the foreign 
        person is submitted, if the report is submitted on or 
        before the date required by section 2(b);
          (2) 90 days after the date required by section 2(b) 
        for submitting the report, if the report identifying 
        the foreign person is submitted within 60 days after 
        that date; or
          (3) on the date that the report identifying the 
        foreign person is submitted, if that report is 
        submitted more than 60 days after the date required by 
        section 2(b).
    (d) Publication in Federal Register.--The application of 
measures to a foreign person pursuant to subsection (a) shall 
be announced by notice published in the Federal Register.

SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.

    (a) Requirement To Notify Congress.--Should the President 
not exercise the authority of section 3(a) to apply any or all 
of the measures described in section 3(b) with respect to a 
foreign person identified in a report submitted pursuant to 
section 2(a), he shall so notify the Committee on International 
Relations of the House of Representatives and the Committee on 
Foreign Relations of the Senate no later than the effective 
date under section 3(c) for measures with respect to that 
person.
    (b) Written Justification.--Any notification submitted by 
the President under subsection (a) shall include a written 
justification describing in detail the facts and circumstances 
relating specifically to the foreign person identified in a 
report submitted pursuant to section 2(a) that support the 
President's decision not to exercise the authority of section 
3(a) with respect to that person.
    (c) Submission in Classified Form.--When the President 
considers it appropriate, the notification of the President 
under subsection (a), and the written justification under 
subsection (b), or appropriate parts thereof, may be submitted 
in classified form.

SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.

    (a) In General.--Sections 3 and 4 shall not apply to a 
foreign person 15 days after the President reports to the 
Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate that the President has determined, on the basis of 
information provided by that person, or otherwise obtained by 
the President, that--
          (1) the person did not, on or after January 1, 1999, 
        knowingly transfer to Iran the goods, services, or 
        technology the apparent transfer of which caused that 
        person to be identified in a report submitted pursuant 
        to section 2(a);
          (2) the goods, services, or technology the transfer 
        of which caused that person to be identified in a 
        report submitted pursuant to section 2(a) did not 
        materially contribute to Iran's efforts to develop 
        nuclear, biological, or chemical weapons, or ballistic 
        or cruise missile systems;
          (3) the person is subject to the primary jurisdiction 
        of a government that is an adherent to one or more 
        relevant nonproliferation regimes, the person was 
        identified in a report submitted pursuant to section 
        2(a) with respect to a transfer of goods, services, or 
        technology described in section 2(a)(1), and such 
        transfer was made consistent with the guidelines and 
        parameters of all such relevant regimes of which such 
        government is an adherent; or
          (4) the government with primary jurisdiction over the 
        person has imposed meaningful penalties on that person 
        on account of the transfer of the goods, services, or 
        technology which caused that person to be identified in 
        a report submitted pursuant to section 2(a).
    (b) Opportunity To Provide Information.--Congress urges the 
President--
          (1) in every appropriate case, to contact in a timely 
        fashion each foreign person identified in each report 
        submitted pursuant to section 2(a), or the government 
        with primary jurisdiction over such person, in order to 
        afford such person, or governments, the opportunity to 
        provide explanatory, exculpatory, or other additional 
        information with respect to the transfer that caused 
        such person to be identified in a report submitted 
        pursuant to section 2(a); and
          (2) to exercise the authority in subsection (a) in 
        all cases where information obtained from a foreign 
        person identified in a report submitted pursuant to 
        section 2(a), or from the government with primary 
        jurisdiction over such person, establishes that the 
        exercise of such authority is warranted.
    (c) Submission in Classified Form.--When the President 
considers it appropriate, the determination and report of the 
President under subsection (a), or appropriate parts thereof, 
may be submitted in classified form.

SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE 
                    INTERNATIONAL SPACE STATION.

    (a) Restriction on Extraordinary Payments in Connection 
With the International Space Station.--Notwithstanding any 
other provision of law, no agency of the United States 
Government may make extraordinary payments in connection with 
the International Space Station to the Russian Aviation and 
Space Agency, any organization or entity under the jurisdiction 
or control of the Russian Aviation and Space Agency, or any 
other organization, entity, or element of the Government of the 
Russian Federation, unless, during the fiscal year in which the 
extraordinary payments in connection with the International 
Space Station are to be made, the President has made the 
determination described in subsection (b), and reported such 
determination to the Committee on International Relations and 
the Committee on Science of the House of Representatives and 
the Committee on Foreign Relations and the Committee on 
Commerce, Science, and Transportation of the Senate.
    (b) Determination Regarding Russian Cooperation in 
Preventing Proliferation to Iran.--The determination referred 
to in subsection (a) is a determination by the President that--
          (1) it is the policy of the Government of the Russian 
        Federation to oppose the proliferation to Iran of 
        weapons of mass destruction and missile systems capable 
        of delivering such weapons;
          (2) the Government of the Russian Federation 
        (including the law enforcement, export promotion, 
        export control, and intelligence agencies of such 
        government) has demonstrated and continues to 
        demonstrate a sustained commitment to seek out and 
        prevent the transfer to Iran of goods, services, and 
        technology that could make a material contribution to 
        the development of nuclear, biological, or chemical 
        weapons, or of ballistic or cruise missile systems; and
          (3) neither the Russian Aviation and Space Agency, 
        nor any organization or entity under the jurisdiction 
        or control of the Russian Aviation and Space Agency, 
        has, during the 1-year period prior to the date of the 
        determination pursuant to this subsection, made 
        transfers to Iran reportable under section 2(a) of this 
        Act (other than transfers with respect to which a 
        determination pursuant to section 5 has been or will be 
        made).
    (c) Prior Notification.--Not less than 5 days before making 
a determination under subsection (b), the President shall 
notify the Committee on International Relations and the 
Committee on Science of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Commerce, 
Science, and Transportation of the Senate of his intention to 
make such determination.
    (d) Written Justification.--A determination of the 
President under subsection (b) shall include a written 
justification describing in detail the facts and circumstances 
supporting the President's conclusion.
    (e) Submission in Classified Form.--When the President 
considers it appropriate, a determination of the President 
under subsection (b), a prior notification under subsection 
(c), and a written justification under subsection (d), or 
appropriate parts thereof, may be submitted in classified form.
    (f) Exception for Crew Safety.--
          (1) Exception.--The National Aeronautics and Space 
        Administration may make extraordinary payments that 
        would otherwise be prohibited under this section to the 
        Russian Aviation and Space Agency or any organization 
        or entity under the jurisdiction or control of the 
        Russian Aviation and Space Agency if the President has 
        notified the Congress in writing that such payments are 
        necessary to prevent the imminent loss of life by or 
        grievous injury to individuals aboard the International 
        Space Station.
          (2) Report.--Not later than 30 days after notifying 
        Congress that the National Aeronautics and Space 
        Administration will make extraordinary payments under 
        paragraph (1), the President shall submit to Congress a 
        report describing--
                  (A) the extent to which the provisions of 
                subsection (b) had been met as of the date of 
                notification; and
                  (B) the measures that the National 
                Aeronautics and Space Administration is taking 
                to ensure that--
                          (i) the conditions posing a threat of 
                        imminent loss of life by or grievous 
                        injury to individuals aboard the 
                        International Space Station 
                        necessitating the extraordinary 
                        payments are not repeated; and
                          (ii) it is no longer necessary to 
                        make extraordinary payments in order to 
                        prevent imminent loss of life by or 
                        grievous injury to individuals aboard 
                        the International Space Station.
    (g) Service Module Exception.--(1) The National Aeronautics 
and Space Administration may make extraordinary payments that 
would otherwise be prohibited under this section to the Russian 
Aviation and Space Agency, any organization or entity under the 
jurisdiction or control of the Russian Aviation and Space 
Agency, or any subcontractor thereof for the construction, 
testing, preparation, delivery, launch, or maintenance of the 
Service Module, and for the purchase (at a total cost not to 
exceed $14,000,000) of the pressure dome for the Interim 
Control Module and the Androgynous Peripheral Docking Adapter 
and related hardware for the United States propulsion module, 
if--
          (A) the President has notified Congress at least 5 
        days before making such payments;
          (B) no report has been made under section 2 with 
        respect to an activity of the entity to receive such 
        payment, and the President has no credible information 
        of any activity that would require such a report; and
          (C) the United States will receive goods or services 
        of value to the United States commensurate with the 
        value of the extraordinary payments made.
    (2) For purposes of this subsection, the term 
``maintenance'' means activities which cannot be performed by 
the National Aeronautics and Space Administration and which 
must be performed in order for the Service Module to provide 
environmental control, life support, and orbital maintenance 
functions which cannot be performed by an alternative means at 
the time of payment.
    (3) This subsection shall cease to be effective 60 days 
after a United States propulsion module is in place at the 
International Space Station.
    (h) Exception.--Notwithstanding subsections (a) and (b), no 
agency of the United States Government may make extraordinary 
payments in connection with the International Space Station to 
any foreign person subject to measures applied pursuant to--
          (1) section 3 of this Act; or
          (2) section 4 of Executive Order No. 12938 (November 
        14, 1994), as amended by Executive Order No. 13094 
        (July 28, 1998).
Such payments shall also not be made to any other entity if the 
agency of the United States Government anticipates that such 
payments will be passed on to such a foreign person.

SEC. 7. DEFINITIONS.

    For purposes of this Act, the following terms have the 
following meanings:
          (1) Extraordinary payments in connection with the 
        international space station.--The term ``extraordinary 
        payments in connection with the International Space 
        Station'' means payments in cash or in kind made or to 
        be made by the United States Government--
                  (A) for work on the International Space 
                Station which the Russian Government pledged at 
                any time to provide at its expense; or
                  (B) for work on the International Space 
                Station, or for the purchase of goods or 
                services relating to human space flight, that 
                are not required to be made under the terms of 
                a contract or other agreement that was in 
                effect on January 1, 1999, as those terms were 
                in effect on such date.
          (2) Foreign person; person.--The terms ``foreign 
        person'' and ``person'' mean--
                  (A) a natural person that is an alien;
                  (B) a corporation, business association, 
                partnership, society, trust, or any other 
                nongovernmental entity, organization, or group, 
                that is organized under the laws of a foreign 
                country or has its principal place of business 
                in a foreign country;
                  (C) any foreign governmental entity operating 
                as a business enterprise; and
                  (D) any successor, subunit, or subsidiary of 
                any entity described in subparagraph (B) or 
                (C).
          (3) Executive order no. 12938.--The term ``Executive 
        Order No. 12938'' means Executive Order No. 12938 as in 
        effect on January 1, 1999.
          (4) Adherent to relevant nonproliferation regime.--A 
        government is an ``adherent'' to a ``relevant 
        nonproliferation regime'' if that government--
                  (A) is a member of the Nuclear Suppliers 
                Group with respect to a transfer of goods, 
                services, or technology described in section 
                2(a)(1)(A);
                  (B) is a member of the Missile Technology 
                Control Regime with respect to a transfer of 
                goods, services, or technology described in 
                section 2(a)(1)(B), or is a party to a binding 
                international agreement with the United States 
                that was in effect on January 1, 1999, to 
                control the transfer of such goods, services, 
                or technology in accordance with the criteria 
                and standards set forth in the Missile 
                Technology Control Regime;
                  (C) is a member of the Australia Group with 
                respect to a transfer of goods, services, or 
                technology described in section 2(a)(1)(C);
                  (D) is a party to the Convention on the 
                Prohibition of the Development, Production, 
                Stockpiling and Use of Chemical Weapons and on 
                Their Destruction with respect to a transfer of 
                goods, services, or technology described in 
                section 2(a)(1)(D); or
                  (E) is a member of the Wassenaar Arrangement 
                with respect to a transfer of goods, services, 
                or technology described in section 2(a)(1)(E).
          (5) Organization or entity under the jurisdiction or 
        control of the russian aviation and space agency.--(A) 
        The term ``organization or entity under the 
        jurisdiction or control of the Russian Aviation and 
        Space Agency'' means an organization or entity that--
                  (i) was made part of the Russian Space Agency 
                upon its establishment on February 25, 1992;
                  (ii) was transferred to the Russian Space 
                Agency by decree of the Russian Government on 
                July 25, 1994, or May 12, 1998;
                  (iii) was or is transferred to the Russian 
                Aviation and Space Agency or Russian Space 
                Agency by decree of the Russian Government at 
                any other time before, on, or after the date of 
                the enactment of this Act; or
                  (iv) is a joint stock company in which the 
                Russian Aviation and Space Agency or Russian 
                Space Agency has at any time held controlling 
                interest.
          (B) Any organization or entity described in 
        subparagraph (A) shall be deemed to be under the 
        jurisdiction or control of the Russian Aviation and 
        Space Agency regardless of whether--
                  (i) such organization or entity, after being 
                part of or transferred to the Russian Aviation 
                and Space Agency or Russian Space Agency, is 
                removed from or transferred out of the Russian 
                Aviation and Space Agency or Russian Space 
                Agency; or
                  (ii) the Russian Aviation and Space Agency or 
                Russian Space Agency, after holding a 
                controlling interest in such organization or 
                entity, divests its controlling interest.
   b. National Security and Corporate Fairness Under the Biological 
                         Weapons Convention Act

Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536, 
                       approved November 29, 1999

          * * * * * * *
    Sec. 1000. (a) The provisions of the following bills are 
hereby enacted into law:
          (1)-(6) * * *
          (7) H.R. 3427 of the 106th Congress, as introduced on 
        November 17, 1999;
          (8)-(9) * * *
          * * * * * * *

  A BILL To authorize appropriations for the Department of State for 
fiscal years 2000 and 2001; to provide for enhanced security at United 
  States diplomatic facilities; to provide for certain arms control, 
nonproliferation, and other national security measures; to provide for 
          reform of the United Nations; 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 ``Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001''.
          * * * * * * *

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

SEC. 1001. SHORT TITLE.

    This division may be cited as the ``Arms Control, 
Nonproliferation, and Security Assistance Act of 1999''.
          * * * * * * *

                        Subtitle A--Arms Control

          * * * * * * *

 CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLIOGICAL WEAPONS \1\

SEC. 1121. SHORT TITLE.

    This chapter may be cited as the ``National Security and 
Corporate Fairness under the Biological Weapons Convention 
Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5601 note.
---------------------------------------------------------------------------

SEC. 1122. DEFINITIONS.

    In this chapter:
          (1) Biological weapons convention.--The term 
        ``Biological Weapons Convention'' means the 1972 
        Convention on the Prohibition of the Development, 
        Production and Stockpiling of Bacteriological 
        (Biological) and Toxin Weapons and on their 
        Destruction.
          (2) Compliance protocol.--The term ``compliance 
        protocol'' means that segment of a bilateral or 
        multilateral agreement that enables investigation of 
        questions of compliance entailing written data or 
        visits to facilities to monitor compliance.
          (3) Industry.--The term ``industry'' means any 
        corporate or private sector entity engaged in the 
        research, development, production, import, and export 
        of peaceful pharmaceuticals and bio-technological and 
        related products.

SEC. 1123. FINDINGS.

    Congress makes the following findings:
          (1) The threat of biological weapons and their 
        proliferation is one of the greatest national security 
        threats facing the United States.
          (2) The threat of biological weapons and materials 
        represents a serious and increasing danger to people 
        around the world.
          (3) Biological weapons are relatively inexpensive to 
        produce, can be made with readily available expertise 
        and equipment, do not require much space to make and 
        can therefore be readily concealed, do not require 
        unusual raw materials or materials not readily 
        available for legitimate purposes, do not require the 
        maintenance of stockpiles, or can be delivered with 
        low-technology mechanisms, and can effect widespread 
        casualties even in small quantities.
          (4) Unlike other weapons of mass destruction, 
        biological materials capable of use as weapons can 
        occur naturally in the environment and are also used 
        for medicinal or other beneficial purposes.
          (5) Biological weapons are morally reprehensible, 
        prompting the United States Government to halt its 
        offensive biological weapons program in 1969, 
        subsequently destroy its entire biological weapons 
        arsenal, and maintain henceforth only a robust 
        defensive capacity.
          (6) The Senate gave its advice and consent to 
        ratification of the Biological Weapons Convention in 
        1974.
          (7) The Director of the Arms Control and Disarmament 
        Agency explained, at the time of the Senate's 
        consideration of the Biological Weapons Convention, 
        that the treaty contained no verification provisions 
        because verification would be ``difficult''.
          (8) A compliance protocol has now been proposed to 
        strengthen the 1972 Biological Weapons Convention.
          (9) The resources needed to produce, stockpile, and 
        store biological weapons are the same as those used in 
        peaceful industry facilities to discover, develop, and 
        produce medicines.
          (10) The raw materials of biological agents are 
        difficult to use as an indicator of an offensive 
        military program because the same materials occur in 
        nature or can be used to produce a wide variety of 
        products.
          (11) Some biological products are genetically 
        manipulated to develop new commercial products, 
        optimizing production and ensuring the integrity of the 
        product, making it difficult to distinguish between 
        legitimate commercial activities and offensive military 
        activities.
          (12) Only a small culture of a biological agent and 
        some growth medium are needed to produce a large amount 
        of biological agents with the potential for offensive 
        purposes.
          (13) The United States pharmaceutical and 
        biotechnology industries are a national asset and 
        resource that contribute to the health and well-being 
        of the American public as well as citizens around the 
        world.
          (14) One bacterium strain can represent a large 
        proportion of a company's investment in a 
        pharmaceutical product and thus its potential loss 
        during an arms control monitoring activity could 
        conceivably be worth billions of dollars.
          (15) Biological products contain proprietary genetic 
        information.
          (16) The proposed compliance regime for the 
        Biological Weapons Convention entails new data 
        reporting and investigation requirements for industry.
          (17) A compliance regime which contributes to the 
        control of biological weapons and materials must have a 
        reasonable chance of success in reducing the risk of 
        production, stockpiling, or use of biological weapons 
        while protecting the reputations, intellectual 
        property, and confidential business information of 
        legitimate companies.

SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.

    (a) National Security Trail Investigations and Trial 
Visits.--The President shall conduct a series of national 
security trial investigations and trial visits, both during and 
following negotiations to develop a compliance protocol to the 
Biological Weapons Convention, with the objective of ensuring 
that the compliance procedures of the protocol are effective 
and adequately protect the national security of the United 
States. These trial investigations and trial visits shall be 
conducted at such sites as United States Government facilities, 
installations, and national laboratories.
    (b) United States Industry Trail Investigations and Trail 
Visits.--The President shall take all appropriate steps to 
conduct or sponsor a series of United States industry trial 
investigations and trial visits, both during and following 
negotiations to develop a compliance protocol to the Biological 
Weapons Convention, with the objective of ensuring that the 
compliance procedures of the protocol are effective and 
adequately protect the national security and the concerns of 
affected United States industries and research institutions. 
These trial investigations and trial visits shall be conducted 
at such sites as academic institutions, vaccine production 
facilities, and pharmaceutical and biotechnology firms in the 
United States.
    (c) Participation by Defense Department and Other 
Appropriate Personnel.--The Secretary of Defense and, as 
appropriate, the Director of the Federal Bureau of 
Investigation shall make available specialized personnel to 
participate--
          (1) in each trial investigation or trial visit 
        conducted pursuant to subsection (a); and
          (2) in each trial investigation or trial visit 
        conducted pursuant to subsection (b), except for any 
        investigation or visit in which the host facility 
        requests that such personnel not participate,
for the purpose of assessing the information security 
implications of such investigation or visit. The Secretary of 
Defense, in coordination with the Director of the Federal 
Bureau of Investigation, shall add to the report required by 
subsection (d)(2) a classified annex containing an assessment 
of the risk to proprietary and classified information posed by 
any investigation or visit procedures in the compliance 
protocol.
    (d) Study.--
          (1) In general.--The President shall conduct a study 
        on the need for investigations and visits under the 
        compliance protocol to the Biological Weapons 
        Convention, including--
                  (A) an assessment of risks to national 
                security and United States industry and 
                research institutions of such on-site 
                activities; and
                  (B) an assessment of the monitoring results 
                that can be expected from such investigations 
                and visits.
          (2) Report.--Not later than the date on which a 
        compliance protocol to the Biological Weapons 
        Convention is submitted to the Senate for its advice 
        and consent to ratification, the President shall submit 
        to the Committee on Foreign Relations of the Senate a 
        report, in both unclassified and classified form, 
        setting forth--
                  (A) the findings of the study conducted 
                pursuant to paragraph (1); and
                  (B) the results of trial investigations and 
                trial visits conducted pursuant to subsections 
                (a) and (b).

   Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.

    Section 602(c) of the Nuclear Non-Proliferation Act of 1978 
(22 U.S.C. 3282(c)) is amended to read as follows: * * *

SEC. 1132.\2\ EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.

    (a) Prohibition.--Except as provided in subsection (b), no 
assistance may be provided by the United States Government to 
any person who is involved in the research, development, 
design, testing, or evaluation of chemical or biological 
weapons for offensive purposes.
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 1526.
---------------------------------------------------------------------------
    (b) Exception.--The prohibition contained in subsection (a) 
shall not apply to any activity conducted pursuant to title V 
of the National Security Act of 1947 (50 U.S.C. 413 et seq.).

SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.

    (a) Report on Reduction of the Stockpile.--Not later than 
120 days after signing an agreement between the United States 
and Russia for the disposition of excess weapons plutonium, the 
Secretary of Energy, with the concurrence of the Secretary of 
Defense, shall submit to the Committee on Foreign Relations and 
the Committee on Armed Services of the Senate and to the 
Committee on International Relations and the Committee on Armed 
Services of the House of Representatives a report--
          (1) detailing plans for United States implementation 
        of such agreement;
          (2) identifying, in classified form, the number of 
        United States warhead ``pits'' of each type deemed 
        ``excess'' for the purpose of dismantlement or 
        disposition; and
          (3) describing any implications this may have for the 
        Stockpile Stewardship and Management Program.
    (b) Submission of the Fabrication Facility Agreement 
Pursuant to Law.--Whenever the President submits to Congress 
the agreement to establish a mixed oxide fuel fabrication or 
production facility in Russia pursuant to section 123 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2153), it is the sense of 
the Congress that the Secretary of State should be prepared to 
certify to the Committee on Foreign Relations of the Senate and 
the Committee on International Relations of the House 
Representatives that--
          (1) arrangements for the establishment of that 
        facility will further United States nuclear 
        nonproliferation objectives and will outweigh the 
        proliferation risks inherent in the use of mixed oxide 
        fuel elements;
          (2) a guaranty has been given by Russia that no fuel 
        elements produced, fabricated, reprocessed, or 
        assembled at such facility, and no sensitive nuclear 
        technology related to such facility, will be exported 
        or supplied by Russia to any country in the event that 
        the United States objects to such export or supply; and
          (3) a guaranty has been given by Russia that the 
        facility and all nuclear materials and equipment 
        therein, and any fuel elements or special nuclear 
        material produced, fabricated, reprocessed, or 
        assembled at that facility, including fuel elements 
        exported or supplied by Russia to a third party, will 
        be subject to international monitoring and transparency 
        sufficient to ensure that special nuclear material is 
        not diverted.
    (c) Definitions.--
          (1) Produced.--The terms ``produce'' and ``produced'' 
        have the same meaning that such terms are given under 
        section 11 u. of the Atomic Energy Act of 1954.
          (2) Production facility.--The term ``production 
        facility'' has the same meaning that such term is given 
        under section 11 v. of the Atomic Energy Act of 1954.
          (3) Special nuclear material.--The term ``special 
        nuclear material'' has the meaning that such term is 
        given under section 11 aa. of the Atomic Energy Act of 
        1954.

SEC. 1134.\3\ PROVISION OF CERTAIN INFORMATION TO CONGRESS.

    (a) Requirement to Provide Information.--The head of each 
department and agency described in section 602(c) of the 
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall 
promptly provide information to the chairman and ranking 
minority member of the Committee on Foreign Relations of the 
Senate and the Committee on International Relations of the 
House of Representatives in meeting the requirements of 
subsection (c) or (d) of section 602 of such Act.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3282 note.
---------------------------------------------------------------------------
    (b) Issuance of Directives.--Not later than February 1, 
2000, the Secretary of State, the Secretary of Defense, the 
Secretary of Commerce, the Secretary of Energy, the Director of 
Central Intelligence, and the Chairman of the Nuclear 
Regulatory Commission shall issue directives, which shall 
provide access to information, including information contained 
in special access programs, to implement their responsibilities 
under subsections (c) and (d) of section 602 of the Nuclear 
Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)). 
Copies of such directives shall be forwarded promptly to the 
Committee on Foreign Relations of the Senate and the Committee 
on International Relations of the House of Representatives upon 
the issuance of the directives.

SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.

    Section 1523 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 2180; 42 U.S.C. 2155 note) is amended--* * *

SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.

    (a) Clarification of Requirement for Control.--Section 74 
of the Arms Export Control Act (22 U.S.C. 2797c) is amended--* 
* *
    (b) Clarification of Applicability.--Section 73(b) of the 
Arms Export Control Act (22 U.S.C. 2797b(b)) is amended--* * *
    (c) Enforcement Actions.--Section 73(c) of the Arms Export 
Control Act (22 U.S.C. 2797b(c)) is amended * * *
    (d) Policy Report.--Section 73A of the Arms Export Control 
Act (22 U.S.C. 2797b-1) is amended--* * *
    (e) MTCR Defined.--The term ``MTCR'' means the Missile 
Technology Control Regime, as defined in section 74(a)(2) of 
the Arms Export Control Act (22 U.S.C. 2797c(a)(2)).

SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.

    Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et 
seq.) is amended by inserting after section 73A the following 
new section: * * *

SEC. 1138.\4\ TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN 
                    THE FORMER SOVIET UNION.

    (a) Authorization.--For fiscal year 2001 and subsequent 
fiscal years, funds made available under ``Nonproliferation, 
Antiterrorism, Demining, and Related Programs'' accounts in 
annual foreign operations appropriations Acts are authorized to 
be available for science and technology centers in the 
independent states of the former Soviet Union assisted under 
section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union 
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 
22 U.S.C. 5901 et seq.), including the use of those and other 
funds by any Federal agency having expertise and programs 
related to the activities carried out by those centers, 
including the Departments of Agriculture, Commerce, and Health 
and Human Services and the Environmental Protection Agency.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5853 note.
---------------------------------------------------------------------------
    (b) Availability of Funds.--Amounts made available under 
any provision of law for the activities described in subsection 
(a) shall be available until expended and may be used 
notwithstanding any other provision of law.

SEC. 1139.\4\ RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND 
                    TECHNOLOGY CENTERS.

    (a) In General.--Support for science and technology centers 
in the independent states of the former Soviet Union, as 
authorized by section 503(a)(5) of the FREEDOM Support Act (22 
U.S.C. 5853(a)(5)) and section 1412(b) of the Former Soviet 
Union Demilitarization Act of 1992 (title XIV of Public Law 
102-484, 22 U.S.C. 5901 et seq.), is authorized for activities 
described in subsection (b) to support the redirection of 
former Soviet weapons scientists, especially those with 
expertise in weapons of mass destruction (nuclear, 
radiological, chemical, biological), missile and other delivery 
systems, and other advanced technologies with military 
applications.
    (b) Activities Supported.--Activities supported under 
subsection (a) include--
           (1) any research activity involving the 
        participation of former Soviet weapons scientists and 
        civilian scientists and engineers, if the participation 
        of the weapons scientists predominates; and
          (2) any program of international exchanges that would 
        provide former Soviet weapons scientists exposure to, 
        and the opportunity to develop relations with, research 
        and industry partners.
          * * * * * * *
          c. Proliferation Prevention Enhancement Act of 1999

Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536, 
                       approved November 29, 1999

          * * * * * * *
    Sec. 1000. (a) The provisions of the following bills are 
hereby enacted into law:
          (1)-(6) * * *
          (7) H.R. 3427 of the 106th Congress, as introduced on 
        November 17, 1999;
          (8)-(9) * * *
          * * * * * * *

  A BILL To authorize appropriations for the Department of State for 
fiscal years 2000 and 2001; to provide for enhanced security at United 
  States diplomatic facilities; to provide for certain arms control, 
nonproliferation, and other national security measures; to provide for 
          reform of the United Nations; 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 ``Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001''.
          * * * * * * *

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

SEC. 1001. SHORT TITLE.

    This division may be cited as the ``Arms Control, 
Nonproliferation, and Security Assistance Act of 1999''.
          * * * * * * *

                     TITLE XII--SECURITY ASSISTANCE

SEC. 1201.\1\ SHORT TITLE.

    This title may be cited as the ``Security Assistance Act of 
1999''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
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          * * * * * * *

   Subtitle E--Automated Export System Relating to Export Information

SEC. 1251.\2\ SHORT TITLE.

    This subtitle may be cited as the Proliferation Prevention 
Enhancement Act of 1999.
---------------------------------------------------------------------------
    \2\ 13 U.S.C. 1 note.
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SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING 
                    CERTAIN SHIPPERS' EXPORT DECLARATIONS.

    (a) Authority.--Section 301 of title 13, United States 
Code, is amended by adding at the end the following new 
subsection: * * *
    (b) \3\ Implementing Regulations.--
---------------------------------------------------------------------------
    \3\ 13 U.S.C. 301 note.
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          (1) In general.--The Secretary of Commerce, with the 
        concurrence of the Secretary of State, shall publish 
        regulations in the Federal Register to require that, 
        upon the effective date of those regulations, exporters 
        (or their agents) who are required to file Shippers' 
        Export Declarations under chapter 9 of title 13, United 
        States Code, file such Declarations through the 
        Automated Export System with respect to exports of 
        items on the United States Munitions List or the 
        Commerce Control List.
          (2) Elements of the regulations.--The regulations 
        referred to in paragraph (1) shall include at a 
        minimum--
                  (A) provision by the Department of Commerce 
                for the establishment of on-line assistance 
                services to be available for those individuals 
                who must use the Automated Export System;
                  (B) provision by the Department of Commerce 
                for ensuring that an individual who is required 
                to use the Automated Export System is able to 
                print out from the System a validated record of 
                the individual's submission, including the date 
                of the submission and a serial number or other 
                unique identifier, where appropriate, for the 
                export transaction; and
                  (C) a requirement that the Department of 
                Commerce print out and maintain on file a paper 
                copy or other acceptable back-up record of the 
                individual's submission at a location selected 
                by the Secretary of Commerce.
    (c) \3\ Effective Date.--The amendment made by subsection 
(a) shall take effect 270 days after the Secretary of Commerce, 
the Secretary of the Treasury, and the Director of the National 
Institute of Standards and Technology jointly provide a 
certification to the Committee on Foreign Relations of the 
Senate and the Committee on International Relations of the 
House of Representatives that a secure Automated Export System 
available through the Internet that is capable of handling the 
expected volume of information required to be filed under 
subsection (b), plus the anticipated volume from voluntary use 
of the Automated Export System, has been successfully 
implemented and tested and is fully functional with respect to 
reporting all items on the United States Munitions List, 
including their quantities and destinations.

SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.

    It is the sense of Congress that exporters (or their 
agents) who are required to file Shippers' Export Declarations 
under chapter 9 of title 13, United States Code, but who are 
not required under section 1252(b) to file such Declarations 
using the Automated Export System, should do so.

SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Commerce, in 
consultation with the Secretary of State, the Secretary of 
Defense, the Secretary of the Treasury, the Secretary of 
Energy, and the Director of Central Intelligence, shall submit 
a report to the appropriate committees of Congress setting 
forth--
          (1) the advisability and feasibility of mandating 
        electronic filing through the Automated Export System 
        for all Shippers' Export Declarations;
          (2) the manner in which data gathered through the 
        Automated Export System can most effectively be used, 
        consistent with the need to ensure the confidentiality 
        of business information, by other automated licensing 
        systems administered by Federal agencies, including--
                  (A) the Defense Trade Application System of 
                the Department of State;
                  (B) the Export Control Automated Support 
                System of the Department of Commerce;
                  (C) the Foreign Disclosure and Technology 
                Information System of the Department of 
                Defense;
                  (D) the Proliferation Information Network 
                System of the Department of Energy;
                  (E) the Enforcement Communication System of 
                the Department of the Treasury; and
                  (F) the Export Control System of the Central 
                Intelligence Agency; and
          (3) a proposed timetable for any expansion of 
        information required to be filed through the Automated 
        Export System.
    (b) Definition.--In this section, the term ``appropriate 
committees of Congress'' means the Committee on Foreign 
Relations of the Senate and the Committee on International 
Relations of the House of Representatives.

SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.

    Notwithstanding any other provision of law, the Secretary 
of State may use funds appropriated or otherwise made available 
to the Department of State to employ--
          (1) up to 40 percent of the individuals who are 
        performing services within the Office of Defense Trade 
        Controls of the Department of State in positions 
        classified at GS-14 and GS-15 on the General Schedule 
        under section 5332 of title 5, United States Code; and
          (2) other individuals within the Office at a rate of 
        basic pay that may exceed the maximum rate payable for 
        positions classified at GS-15 on the General Schedule 
        under section 5332 of that title.

SEC. 1256.\4\ DEFINITIONS.

    In this subtitle:
---------------------------------------------------------------------------
    \4\ 13 U.S.C. 301 note.
---------------------------------------------------------------------------
          (1) Automated export system.--The term ``Automated 
        Export System'' means the automated and electronic 
        system for filing export information established under 
        chapter 9 of title 13, United States Code, on June 19, 
        1995 (60 Federal Register 32040).
          (2) Commerce control list.--The term ``Commerce 
        Control List'' has the meaning given the term in 
        section 774.1 of title 15, Code of Federal Regulations.
          (3) Shippers' export declaration.--The term 
        ``Shippers' Export Declaration'' means the export 
        information filed under chapter 9 of title 13, United 
        States Code, as described in part 30 of title 15, Code 
        of Federal Regulations.
          (4) United states munitions list.--The term ``United 
        States Munitions List'' means the list of items 
        controlled under section 38 of the Arms Export Control 
        Act (22 U.S.C. 2778).
          * * * * * * *
                d. National Missile Defense Act of 1999

   Public Law 106-38 [H.R. 4], 113 Stat. 205, approved July 22, 1999

AN ACT To declare it to be the policy of the United States to deploy a 
                       national missile defense.

    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 ``National Missile Defense Act 
of 1999''.
    It is the policy of the United States to deploy as soon as 
it it technologically possible an effective National Missile 
Defense system capable of defending the territory of the United 
States against limited ballistic missile attack (whether 
accidential, unauthorized, or deliberate) with funding subject 
to the annual authorization of appropriations and the annual 
appropriation of funds for National Missile Defense.

SEC. 3.\1\ POLICY ON REDUCTION OF RUSSIAN NUCLEAR FORCES.

    It is the policy of the United States to seek continued 
negotiated reductions in Russian nuclear forces.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5901 note.
       e. Chemical Weapons Convention Implementation Act of 1998

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
  Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, 
  approved October 21, 1998; amended by Public Law 106-280 [Security 
Assistance Act of 2000; H.R. 4919], 114 Stat. 845, approved October 6, 
                                  2000

AN ACT Making omnibus consolidated and emergency appropriations for the 
     fiscal year ending September 30, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                DIVISION I--CHEMICAL WEAPONS CONVENTION

SECTION 1.\1\ SHORT TITLE.

    This Division may be cited as the ``Chemical Weapons 
Convention Implementation Act of 1998''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6701 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

Sec. 201. Criminal and civil provisions.

              Subtitle B--Revocations of Export Privileges

Sec. 211. Revocations of export privileges.

                         TITLE III--INSPECTIONS

Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private facilities.

                            TITLE IV--REPORTS

Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3 
          chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic chemicals 
          and coincidental byproducts in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.

                          TITLE V--ENFORCEMENT

Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.

SEC. 3.\2\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 6701.
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          (1) Chemical weapon.--The term ``chemical weapon'' 
        means the following, together or separately:
                  (A) A toxic chemical and its precursors, 
                except where intended for a purpose not 
                prohibited under this Act as long as the type 
                and quantity is consistent with such a purpose.
                  (B) A munition or device, specifically 
                designed to cause death or other harm through 
                toxic properties of those toxic chemicals 
                specified in subparagraph (A), which would be 
                released as a result of the employment of such 
                munition or device.
                  (C) Any equipment specifically designed for 
                use directly in connection with the employment 
                of munitions or devices specified in 
                subparagraph (B).
          (2) Chemical weapons convention; convention.--The 
        terms ``Chemical Weapons Convention'' and 
        ``Convention'' mean the Convention on the Prohibition 
        of the Development, Production, Stockpiling and Use of 
        Chemical Weapons and on Their Destruction, opened for 
        signature on January 13, 1993.
          (3) Key component of a binary or multicomponent 
        chemical system.--The term ``key component of a binary 
        or multicomponent chemical system'' means the precursor 
        which plays the most important role in determining the 
        toxic properties of the final product and reacts 
        rapidly with other chemicals in the binary or 
        multicomponent system.
          (4) National of the united states.--The term 
        ``national of the United States'' has the same meaning 
        given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
          (5) Organization.--The term ``Organization'' means 
        the Organization for the Prohibition of Chemical 
        Weapons.
          (6) Person.--The term ``person'', except as otherwise 
        provided, means any individual, corporation, 
        partnership, firm, association, trust, estate, public 
        or private institution, any State or any political 
        subdivision thereof, or any political entity within a 
        State, any foreign government or nation or any agency, 
        instrumentality or political subdivision of any such 
        government or nation, or other entity located in the 
        United States.
          (7) Precursor.--
                  (A) In general.--The term ``precursor'' means 
                any chemical reactant which takes part at any 
                stage in the production by whatever method of a 
                toxic chemical. The term includes any key 
                component of a binary or multicomponent 
                chemical system.
                  (B) List of precursors.--Precursors which 
                have been identified for the application of 
                verification measures under Article VI of the 
                Convention are listed in schedules contained in 
                the Annex on Chemicals of the Chemical Weapons 
                Convention.
          (8) Purposes not prohibited by this act.--The term 
        ``purposes not prohibited by this Act'' means the 
        following:
                  (A) Peaceful purposes.--Any peaceful purpose 
                related to an industrial, agricultural, 
                research, medical, or pharmaceutical activity 
                or other activity.
                  (B) Protective purposes.--Any purpose 
                directly related to protection against toxic 
                chemicals and to protection against chemical 
                weapons.
                  (C) Unrelated military purposes.--Any 
                military purpose of the United States that is 
                not connected with the use of a chemical weapon 
                and that is not dependent on the use of the 
                toxic or poisonous properties of the chemical 
                weapon to cause death or other harm.
                  (D) Law enforcement purposes.--Any law 
                enforcement purpose, including any domestic 
                riot control purpose and including imposition 
                of capital punishment.
          (9) Technical secretariat.--The term ``Technical 
        Secretariat'' means the Technical Secretariat of the 
        Organization for the Prohibition of Chemical Weapons 
        established by the Chemical Weapons Convention.
          (10) Schedule 1 chemical agent.--The term ``Schedule 
        1 chemical agent'' means any of the following, together 
        or separately:
                  (A) O-Alkyl (C10, incl. 
                cycloalkyl) alkyl
                          (Me, Et, n-Pr or i-Pr)-
                        phosphonofluoridates
                          (e.g. Sarin: O-Isopropyl 
                        methylphosphonofluoridate Soman: O-
                        Pinacolyl methylphosphonofluoridate).
                  (B) O-Alkyl (C10, incl. 
                cycloalkyl) N,N-dialkyl
                          (Me, Et, n-Pr or i-Pr)-
                        phosphoramidocyanidates
                          (e.g. Tabun: O-Ethyl N,N-dimethyl 
                        phosphoramidocyanidate).
                  (C) O-Alkyl (H or C10, 
                incl. cycloalkyl) S-2-dialkyl
                          (Me, Et, n-Pr or i-Pr)-aminoethyl 
                        alkyl
                          (Me, Et, n-Pr or i-Pr) 
                        phosphonothiolates and corresponding 
                        alkylated or protonated salts
                          (e.g. VX: O-Ethyl S-2-
                        diisopropylaminoethyl methyl 
                        phosphonothiolate).
                  (D) Sulfur mustards:
                          2-Chloroethylchloromethylsulfide
                          Mustard gas: (Bis(2-
                        chloroethyl)sulfide
                          Bis(2-chloroethylthio)methane
                          Sesquimustard: 1,2-Bis(2-
                        chloroethylthio)ethane
                          1,3-Bis(2-chloroethylthio)-n-propane
                          1,4-Bis(2-chloroethylthio)-n-butane
                          1,5-Bis(2-chloroethylthio)-n-pentane
                          Bis(2-chloroethylthiomethyl)ether
                          O-Mustard: Bis(2-
                        chloroethylthioethyl)ether.
                  (E) Lewisites:
                          Lewisite 1: 2-
                        Chlorovinyldichloroarsine
                          Lewisite 2: Bis(2-
                        chlorovinyl)chloroarsine
                          Lewisite 3: Tris (2-
                        clorovinyl)arsine.
                  (F) Nitrogen mustards:
                          HN1: Bis(2-chloroethyl)ethylamine
                          HN2: Bis(2-chloroethyl)methylamine
                          HN3: Tris(2-chloroethyl)amine.
                  (G) Saxitoxin.
                  (H) Ricin.
                  (I) Alkyl (Me, Et, n-Pr or i-Pr) 
                phosphonyldifluorides
                          e.g. DF: Methylphosphonyldifluoride.
                  (J) O-Alkyl (H or >C10, incl. 
                cycloalkyl)O-2-dialkyl
                          (Me, Et, n-Pr or i-Pr)-aminoethyl 
                        alkyl
                          (Me, Et, n-Pr or i-Pr) phosphonites 
                        and corresponding alkylated or 
                        protonated salts
    e.g. QL: O-Ethyl O-2-diisopropylaminoethyl 
methylphosphonite.
    (K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
    (L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
    (11) Schedule 2 chemical agent.--The term `Schedule 2 
chemical agent' means the following, together or separately:
    (A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
    phosphorothiolate and corresponding alkylated or protonated 
salts.
    (B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-
propene.
    (C) BZ: 3-Quinuclidinyl benzilate
    (D) Chemicals, except for those listed in Schedule 1, 
containing a phosphorus atom to which is bonded one methyl, 
ethyl or propyl (normal or iso) group but not further carbon 
atoms,
    e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
    Exemption: Fonofos: O-Ethyl S-phenyl 
ethylphosphonothiolothionate.
    (E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic 
dihalides.
    (F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-
Pr or i-Pr)-phosphoramidates.
    (G) arsenic trichloride.
    (H) 2,2-Diphenyl-2-hydroxyacetic acid.
    (I) Quinuclidine-3-ol.
    (J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts.
    (K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols 
and corresponding protonated salts
    Exemptions: N,N-Dimethylaminoethanol and corresponding 
protonated salts N,N-Diethylaminoethanol and corresponding 
protonated salts.
    (L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols 
and corresponding protonated salts.
    (M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
    (N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
    (12) Schedule 3 chemical agent.--The term `Schedule 3 
chemical agent' means any of the following, together or 
separately:
    (A) Phosgene: carbonyl dichloride.
    (B) Cyanogen chloride.
    (C) Hydrogen cyanide.
    (D) Chloropicrin: trichloronitromethane.
    (E) Phosphorous oxychloride.
    (F) Phosphorous trichloride.
    (G) Phosphorous pentachloride.
    (H) Trimethyl phosphite.
    (I) Triethyl phosphite.
    (J) Dimethyl phosphite.
    (K) Diethyl phosphite.
    (L) Sulfur monochloride.
    (M) Sulfur dichloride.
    (N) Thionyl chloride.
    (O) Ethyldiethanolamine.
    (P) Methyldiethanolamine.
    (Q) Triethanolamine.
    (13) Toxic chemical.--
    (A) In general.--The term ``toxic chemical'' means any 
chemical which through its chemical action on life processes 
can cause death, temporary incapacitation or permanent harm to 
humans or animals. The term includes all such chemicals, 
regardless of their origin or of their method of production, 
and regardless of whether they are produced in facilities, in 
munitions or elsewhere.
                  (B) List of toxic chemicals.--Toxic chemicals 
                which have been identified for the application 
                of verification measures under Article VI of 
                the Convention are listed in schedules 
                contained in the Annex on Chemicals of the 
                Chemical Weapons Convention.
          (14) United states.--The term ``United States'' means 
        the several States of the United States, the District 
        of Columbia, and the commonwealths, territories, and 
        possessions of the United States and includes all 
        places under the jurisdiction or control of the United 
        States, including--
                  (A) any of the places within the provisions 
                of paragraph (41) of section 40102 of title 49, 
                United States Code;
                  (B) any civil aircraft of the United States 
                or public aircraft, as such terms are defined 
                in paragraphs (17) and (37), respectively, of 
                section 40102 of title 49, United States Code; 
                and
                  (C) any vessel of the United States, as such 
                term is defined in section 3(b) of the Maritime 
                Drug Enforcement Act, as amended (46 U.S.C., 
                App. sec. 1903(b)).
          (15) Unscheduled discrete organic chemical.--The term 
        ``unscheduled discrete organic chemical'' means any 
        chemical not listed on any schedule contained in the 
        Annex on Chemicals of the Convention that belongs to 
        the class of chemical compounds consisting of all 
        compounds of carbon, except for its oxides, sulfides, 
        and metal carbonates.

                      TITLE I--GENERAL PROVISIONS

SEC. 101.\3\ DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.

    (a) Designation.--Pursuant to paragraph 4 of Article VII of 
the Chemical Weapons Convention, the President shall designate 
the Department of State to be the United States National 
Authority.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 6711.
---------------------------------------------------------------------------
    (b) Purposes.--The United States National Authority shall--
          (1) serve as the national focal point for effective 
        liaison with the Organization for the Prohibition of 
        Chemical Weapons and other States Parties to the 
        Convention; and
          (2) implement the provisions of this Act in 
        coordination with an interagency group designated by 
        the President consisting of the Secretary of Commerce, 
        Secretary of Defense, Secretary of Energy, the Attorney 
        General, and the heads of agencies considered necessary 
        or advisable by the President.
    (c) Director.--The Secretary of State shall serve as the 
Director of the United States National Authority.
    (d) Powers.--The Director may utilize the administrative 
authorities otherwise available to the Secretary of State in 
carrying out the responsibilities of the Director set forth in 
this Act.
    (e) Implementation.--The President is authorized to 
implement and carry out the provisions of this Act and the 
Convention and shall designate through Executive order which 
agencies of the United States shall issue, amend, or revise the 
regulations in order to implement this Act and the provisions 
of the Convention. The Director of the United States National 
Authority shall report to the Congress on the regulations that 
have been issued, implemented, or revised pursuant to this 
section.

SEC. 102.\4\ NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.

    No person may be required, as a condition for entering into 
a contract with the United States or as a condition for 
receiving any benefit from the United States, to waive any 
right under the Constitution for any purpose related to this 
Act or the Convention.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 6712.
---------------------------------------------------------------------------

SEC. 103.\5\ CIVIL LIABILITY OF THE UNITED STATES.

    (a) Claims for Taking of Property.--
          (1) Jurisdiction of courts of the united states.--
                  (A) United states court of federal claims.--
                The United States Court of Federal Claims 
                shall, subject to subparagraph (B), have 
                jurisdiction of any civil action or claim 
                against the United States for any taking of 
                property without just compensation that occurs 
                by reason of the action of any officer or 
                employee of the Organization for the 
                Prohibition of Chemical Weapons, including any 
                member of an inspection team of the Technical 
                Secretariat, or by reason of the action of any 
                officer or employee of the United States 
                pursuant to this Act or the Convention. For 
                purposes of this subsection, action taken 
                pursuant to or under the color of this Act or 
                the Convention shall be deemed to be action 
                taken by the United States for a public 
                purpose.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 6713.
---------------------------------------------------------------------------
                  (B) District courts.--The district courts of 
                the United States shall have original 
                jurisdiction, concurrent with the United States 
                Court of Federal Claims, of any civil action or 
                claim described in subparagraph (A) that does 
                not exceed $10,000.
          (2) Notification.--Any person intending to bring a 
        civil action pursuant to paragraph (1) shall notify the 
        United States National Authority of that intent at 
        least one year before filing the claim in the United 
        States Court of Federal Claims. Action on any claim 
        filed during that one-year period shall be stayed. The 
        one-year period following the notification shall not be 
        counted for purposes of any law limiting the period 
        within which the civil action may be commenced.
          (3) Initial steps by united states government to seek 
        remedies.--During the period between a notification 
        pursuant to paragraph (2) and the filing of a claim 
        covered by the notification in the United States Court 
        of Federal Claims, the United States National Authority 
        shall pursue all diplomatic and other remedies that the 
        United States National Authority considers necessary 
        and appropriate to seek redress for the claim 
        including, but not limited to, the remedies provided 
        for in the Convention and under this Act.
          (4) Burden of proof.--In any civil action under 
        paragraph (1), the plaintiff shall have the burden to 
        establish a prima facie case that, due to acts or 
        omissions of any official of the Organization or any 
        member of an inspection team of the Technical 
        Secretariat taken under the color of the Convention, 
        proprietary information of the plaintiff has been 
        divulged or taken without authorization. If the United 
        States Court of Federal Claims finds that the plaintiff 
        has demonstrated such a prima facie case, the burden 
        shall shift to the United States to disprove the 
        plaintiff's claim. In deciding whether the plaintiff 
        has carried its burden, the United States Court of 
        Federal Claims shall consider, among other things--
                  (A) the value of proprietary information;
                  (B) the availability of the proprietary 
                information;
                  (C) the extent to which the proprietary 
                information is based on patents, trade secrets, 
                or other protected intellectual property;
                  (D) the significance of proprietary 
                information; and
                  (E) the emergence of technology elsewhere a 
                reasonable time after the inspection.
    (b) Tort Liability.--The district courts of the United 
States shall have exclusive jurisdiction of civil actions for 
money damages for any tort under the Constitution or any 
Federal or State law arising from the acts or omissions of any 
officer or employee of the United States or the Organization, 
including any member of an inspection team of the Technical 
Secretariat, taken pursuant to or under color of the Convention 
or this Act.
    (c) Waiver of Sovereign Immunity of the United States.--In 
any action under subsection (a) or (b), the United States may 
not raise sovereign immunity as a defense.
    (d) Authority for Cause of Action.--
          (1) United states actions in united states district 
        court.--Notwithstanding any other law, the Attorney 
        General of the United States is authorized to bring an 
        action in the United States District Court for the 
        District of Columbia against any foreign nation for 
        money damages resulting from that nation's refusal to 
        provide indemnification to the United States for any 
        liability imposed on the United States by virtue of the 
        actions of an inspector of the Technical Secretariat 
        who is a national of that foreign nation acting at the 
        direction or the behest of that foreign nation.
          (2) United states actions in courts outside the 
        united states.--The Attorney General is authorized to 
        seek any and all available redress in any international 
        tribunal for indemnification to the United States for 
        any liability imposed on the United States by virtue of 
        the actions of an inspector of the Technical 
        Secretariat, and to seek such redress in the courts of 
        the foreign nation from which the inspector is a 
        national.
          (3) Actions brought by individuals and businesses.--
        Notwithstanding any other law, any national of the 
        United States, or any business entity organized and 
        operating under the laws of the United States, may 
        bring a civil action in a United States District Court 
        for money damages against any foreign national or any 
        business entity organized and operating under the laws 
        of a foreign nation for an unauthorized or unlawful 
        acquisition, receipt, transmission, or use of property 
        by or on behalf of such foreign national or business 
        entity as a result of any tort under the Constitution 
        or any Federal or State law arising from acts or 
        omissions by any officer or employee of the United 
        States or any member of an inspection team of the 
        Technical Secretariat taken pursuant to or under the 
        color of the Convention or this Act.
    (e) Recoupment.--
          (1) Policy.--It is the policy of the United States to 
        recoup all funds withdrawn from the Treasury of the 
        United States in payment for any tort under Federal or 
        State law or taking under the Constitution arising from 
        the acts or omissions of any foreign person, officer, 
        or employee of the Organization, including any member 
        of an inspection team of the Technical Secretariat, 
        taken under color of the Chemical Weapons Convention or 
        this Act.
          (2) Sanctions on foreign companies.--
                  (A) Imposition of sanctions.--The sanctions 
                provided in subparagraph (B) shall be imposed 
                for a period of not less than ten years upon--
                          (i) any foreign person, officer, or 
                        employee of the Organization, including 
                        any member of an inspection team of the 
                        Technical Secretariat, for whose 
                        actions or omissions the United States 
                        has been held liable for a tort or 
                        taking pursuant to this Act; and
                          (ii) any foreign person or business 
                        entity organized and operating under 
                        the laws of a foreign nation which 
                        knowingly assisted, encouraged or 
                        induced, in any way, a foreign person 
                        described in clause (i) to publish, 
                        divulge, disclose, or make known in any 
                        manner or to any extent not authorized 
                        by the Convention any United States 
                        confidential business information.
                  (B) Sanctions.--
                          (i) Arms export transactions.--The 
                        United States Government shall not sell 
                        to a person described in subparagraph 
                        (A) any item on the United States 
                        Munitions List and shall terminate 
                        sales of any defense articles, defense 
                        services, or design and construction 
                        services to a person described in 
                        subparagraph (A) under the Arms Export 
                        Control Act.
                          (ii) Sanctions under export 
                        administration act of 1979.--The 
                        authorities under section 6 of the 
                        Export Administration Act of 1979 shall 
                        be used to prohibit the export of any 
                        goods or technology on the control list 
                        established pursuant to section 5(c)(1) 
                        of that Act to a person described in 
                        subparagraph (A).
                          (iii) International financial 
                        assistance.--The United States shall 
                        oppose any loan or financial or 
                        technical assistance by international 
                        financial institutions in accordance 
                        with section 701 of the International 
                        Financial Institutions Act to a person 
                        described in subparagraph (A).
                          (iv) Export-import bank 
                        transactions.--The United States shall 
                        not give approval to guarantee, insure, 
                        or extend credit, or to participate in 
                        the extension of credit to a person 
                        described in subparagraph (A) through 
                        the Export-Import Bank of the United 
                        States.
                          (v) Private bank transactions.--
                        Regulations shall be issued to prohibit 
                        any United States bank from making any 
                        loan or providing any credit to a 
                        person described in subparagraph (A).
                          (vi) Blocking of assets.--The 
                        President shall take all steps 
                        necessary to block any transactions in 
                        any property subject to the 
                        jurisdiction of the United States in 
                        which a person described in 
                        subparagraph (A) has any interest 
                        whatsoever, for the purpose of 
                        recouping funds in accordance with the 
                        policy in paragraph (1).
                          (vii) Denial of landing rights.--
                        Landing rights in the United States 
                        shall be denied to any private aircraft 
                        or air carrier owned by a person 
                        described in subparagraph (A) except as 
                        necessary to provide for emergencies in 
                        which the safety of the aircraft or its 
                        crew or passengers is threatened.
          (3) Sanctions on foreign governments.--
                  (A) Imposition of sanctions.--Whenever the 
                President determines that persuasive 
                information is available indicating that a 
                foreign country has knowingly assisted, 
                encouraged or induced, in any way, a person 
                described in paragraph (2)(A) to publish, 
                divulge, disclose, or make known in any manner 
                or to any extent not authorized by the 
                Convention any United States confidential 
                business information, the President shall, 
                within 30 days after the receipt of such 
                information by the executive branch of 
                Government, notify the Congress in writing of 
                such determination and, subject to the 
                requirements of paragraphs (4) and (5), impose 
                the sanctions provided under subparagraph (B) 
                for a period of not less than five years.
                  (B) Sanctions.--
                          (i) Arms export transactions.--The 
                        United States Government shall not sell 
                        a country described in subparagraph (A) 
                        any item on the United States Munitions 
                        List, shall terminate sales of any 
                        defense articles, defense services, or 
                        design and construction services to 
                        that country under the Arms Export 
                        Control Act, and shall terminate all 
                        foreign military financing for that 
                        country under the Arms Export Control 
                        Act.
                          (ii) Denial of certain licenses.--
                        Licenses shall not be issued for the 
                        export to the sanctioned country of any 
                        item on the United States Munitions 
                        List or commercial satellites.
                          (iii) Denial of assistance.--No 
                        appropriated funds may be used for the 
                        purpose of providing economic 
                        assistance, providing military 
                        assistance or grant military education 
                        and training, or extending military 
                        credits or making guarantees to a 
                        country described in subparagraph (A).
                          (iv) Sanctions under export 
                        administration act of 1979.--The 
                        authorities of section 6 of the Export 
                        Administration Act of 1979 shall be 
                        used to prohibit the export of any 
                        goods or technology on the control list 
                        established pursuant to section 5(c)(1) 
                        of that Act to a country described in 
                        subparagraph (A).
                          (v) International financial 
                        assistance.--The United States shall 
                        oppose any loan or financial or 
                        technical assistance by international 
                        financial institutions in accordance 
                        with section 701 of the International 
                        Financial Institutions Act to a country 
                        described in subparagraph (A).
                          (vi) Termination of assistance under 
                        foreign assistance act of 1961.--The 
                        United States shall terminate all 
                        assistance to a country described in 
                        subparagraph (A) under the Foreign 
                        Assistance Act of 1961, except for 
                        urgent humanitarian assistance.
                          (vii) Private bank transactions.--The 
                        United States shall not give approval 
                        to guarantee, insure, or extend credit, 
                        or participate in the extension of 
                        credit through the Export-Import Bank 
                        of the United States to a country 
                        described in subparagraph (A).
                          (viii) Private bank transactions.--
                        Regulations shall be issued to prohibit 
                        any United States bank from making any 
                        loan or providing any credit to a 
                        country described in subparagraph (A).
                          (ix) Denial of landing rights.--
                        Landing rights in the United States 
                        shall be denied to any air carrier 
                        owned by a country described in 
                        subparagraph (A), except as necessary 
                        to provide for emergencies in which the 
                        safety of the aircraft or its crew or 
                        passengers is threatened.
          (4) Suspension of sanctions upon recoupment by 
        payment.--Sanctions imposed under paragraph (2) or (3) 
        may be suspended if the sanctioned person, business 
        entity, or country, within the period specified in that 
        paragraph, provides full and complete compensation to 
        the United States Government, in convertible foreign 
        exchange or other mutually acceptable compensation 
        equivalent to the full value thereof, in satisfaction 
        of a tort or taking for which the United States has 
        been held liable pursuant to this Act.
          (5) Waiver of sanctions on foreign countries.--The 
        President may waive some or all of the sanctions 
        provided under paragraph (3) in a particular case if he 
        determines and certifies in writing to the Speaker of 
        the House of Representatives and the Committee on 
        Foreign Relations of the Senate that such waiver is 
        necessary to protect the national security interests of 
        the United States. The certification shall set forth 
        the reasons supporting the determination and shall take 
        effect on the date on which the certification is 
        received by the Congress.
          (6) Notification to congress.--Not later than five 
        days after sanctions become effective against a foreign 
        person pursuant to this Act, the President shall 
        transmit written notification of the imposition of 
        sanctions against that foreign person to the chairmen 
        and ranking members of the Committee on International 
        Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
    (f) Sanctions for Unauthorized Disclosure of United States 
Confidential Business Information.--The Secretary of State 
shall deny a visa to, and the Attorney General shall exclude 
from the United States any alien who, after the date of 
enactment of this Act--
          (1) is, or previously served as, an officer or 
        employee of the Organization and who has willfully 
        published, divulged, disclosed, or made known in any 
        manner or to any extent not authorized by the 
        Convention any United States confidential business 
        information coming to him in the course of his 
        employment or official duties, or by reason of any 
        examination or investigation of any return, report, or 
        record made to or filed with the Organization, or any 
        officer or employee thereof, such practice or 
        disclosure having resulted in financial losses or 
        damages to a United States person and for which actions 
        or omissions the United States has been found liable of 
        a tort or taking pursuant to this Act;
          (2) traffics in United States confidential business 
        information, a proven claim to which is owned by a 
        United States national;
          (3) is a corporate officer, principal, shareholder 
        with a controlling interest of an entity which has been 
        involved in the unauthorized disclosure of United 
        States confidential business information, a proven 
        claim to which is owned by a United States national; or
          (4) is a spouse, minor child, or agent of a person 
        excludable under paragraph (1), (2), or (3).
    (g) United States Confidential Business Information 
Defined.--In this section, the term ``United States 
confidential business information'' means any trade secrets or 
commercial or financial information that is privileged and 
confidential--
          (1) including--
                  (A) data described in section 304(e)(2) of 
                this Act,
                  (B) any chemical structure,
                  (C) any plant design process, technology, or 
                operating method,
                  (D) any operating requirement, input, or 
                result that identifies any type or quantity of 
                chemicals used, processed, or produced, or
                  (E) any commercial sale, shipment, or use of 
                a chemical, or
          (2) as described in section 552(b)(4) of title 5, 
        United States Code,
and that is obtained--
    (i) from a United States person; or
    (ii) through the United States Government or the conduct of 
an inspection on United States territory under the Convention.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

    (a) In General.--Part I of title 18, United States Code, is 
amended by inserting after chapter 11A the following new 
chapter:

                    ``CHAPTER 11B--CHEMICAL WEAPONS

``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in 
          certain emergencies.
``229F. Definitions.

``Sec. 229. Prohibited activities

    ``(a) Unlawful Conduct.--Except as provided in subsection 
(b), it shall be unlawful for any person knowingly--
          ``(1) to develop, produce, otherwise acquire, 
        transfer directly or indirectly, receive, stockpile, 
        retain, own, possess, or use, or threaten to use, any 
        chemical weapon; or
          ``(2) to assist or induce, in any way, any person to 
        violate paragraph (1), or to attempt or conspire to 
        violate paragraph (1).
    ``(b) Exempted Agencies and Persons.--
          ``(1) In general.--Subsection (a) does not apply to 
        the retention, ownership, possession, transfer, or 
        receipt of a chemical weapon by a department, agency, 
        or other entity of the United States, or by a person 
        described in paragraph (2), pending destruction of the 
        weapon.
          ``(2) Exempted persons.--A person referred to in 
        paragraph (1) is--
                  ``(A) any person, including a member of the 
                Armed Forces of the United States, who is 
                authorized by law or by an appropriate officer 
                of the United States to retain, own, possess, 
                transfer, or receive the chemical weapon; or
                  ``(B) in an emergency situation, any 
                otherwise nonculpable person if the person is 
                attempting to destroy or seize the weapon.
    ``(c) Jurisdiction.--Conduct prohibited by subsection (a) 
is within the jurisdiction of the United States if the 
prohibited conduct--
          ``(1) takes place in the United States;
          ``(2) takes place outside of the United States and is 
        committed by a national of the United States;
          ``(3) is committed against a national of the United 
        States while the national is outside the United States; 
        or
          ``(4) is committed against any property that is 
        owned, leased, or used by the United States or by any 
        department or agency of the United States, whether the 
        property is within or outside the United States.

``Sec. 229A. Penalties

    ``(a) Criminal Penalties.--
          ``(1) In general.--Any person who violates section 
        229 of this title shall be fined under this title, or 
        imprisoned for any term of years, or both.
          ``(2) Death penalty.--Any person who violates section 
        229 of this title and by whose action the death of 
        another person is the result shall be punished by death 
        or imprisoned for life.
    ``(b) Civil Penalties.--
          ``(1) In general.--The Attorney General may bring a 
        civil action in the appropriate United States district 
        court against any person who violates section 229 of 
        this title and, upon proof of such violation by a 
        preponderance of the evidence, such person shall be 
        subject to pay a civil penalty in an amount not to 
        exceed $100,000 for each such violation.
          ``(2) Relation to other proceedings.--The imposition 
        of a civil penalty under this subsection does not 
        preclude any other criminal or civil statutory, common 
        law, or administrative remedy, which is available by 
        law to the United States or any other person.
    ``(c) Reimbursement of Costs.--The court shall order any 
person convicted of an offense under subsection (a) to 
reimburse the United States for any expenses incurred by the 
United States incident to the seizure, storage, handling, 
transportation, and destruction or other disposition of any 
property that was seized in connection with an investigation of 
the commission of the offense by that person. A person ordered 
to reimburse the United States for expenses under this 
subsection shall be jointly and severally liable for such 
expenses with each other person, if any, who is ordered under 
this subsection to reimburse the United States for the same 
expenses.

``Sec. 229B. Criminal forfeitures; destruction of weapons

    ``(a) Property Subject to Criminal Forfeiture.--Any person 
convicted under section 229A(a) shall forfeit to the United 
States irrespective of any provision of State law--
          ``(1) any property, real or personal, owned, 
        possessed, or used by a person involved in the offense;
          ``(2) any property constituting, or derived from, and 
        proceeds the person obtained, directly or indirectly, 
        as the result of such violation; and
          ``(3) any of the property used in any manner or part, 
        to commit, or to facilitate the commission of, such 
        violation.
The court, in imposing sentence on such person, shall order, in 
addition to any other sentence imposed pursuant to section 
229A(a), that the person forfeit to the United States all 
property described in this subsection. In lieu of a fine 
otherwise authorized by section 229A(a), a defendant who 
derived profits or other proceeds from an offense may be fined 
not more than twice the gross profits or other proceeds.
    ``(b) Procedures.--
          ``(1) General.--Property subject to forfeiture under 
        this section, any seizure and disposition thereof, and 
        any administrative or judicial proceeding in relation 
        thereto, shall be governed by subsections (b) through 
        (p) of section 413 of the Comprehensive Drug Abuse 
        Prevention and Control Act of 1970 (21 U.S.C. 853), 
        except that any reference under those subsections to--
                  ``(A) `this subchapter or subchapter II' 
                shall be deemed to be a reference to section 
                229A(a); and
                  ``(B) `subsection (a)' shall be deemed to be 
                a reference to subsection (a) of this section.
          ``(2) Temporary restraining orders.--
                  ``(A) In general.--For the purposes of 
                forfeiture proceedings under this section, a 
                temporary restraining order may be entered upon 
                application of the United States without notice 
                or opportunity for a hearing when an 
                information or indictment has not yet been 
                filed with respect to the property, if, in 
                addition to the circumstances described in 
                section 413(e)(2) of the Comprehensive Drug 
                Abuse Prevention and Control Act of 1970 (21 
                U.S.C. 853(e)(2)), the United States 
                demonstrates that there is probable cause to 
                believe that the property with respect to which 
                the order is sought would, in the event of 
                conviction, be subject to forfeiture under this 
                section and exigent circumstances exist that 
                place the life or health of any person in 
                danger.
                  ``(B) Warrant of seizure.--If the court 
                enters a temporary restraining order under this 
                paragraph, it shall also issue a warrant 
                authorizing the seizure of such property.
                  ``(C) Applicable procedures.--The procedures 
                and time limits applicable to temporary 
                restraining orders under section 413(e) (2) and 
                (3) of the Comprehensive Drug Abuse Prevention 
                and Control Act of 1970 (21 U.S.C. 853(e) (2) 
                and (3)) shall apply to temporary restraining 
                orders under this paragraph.
    ``(c) Affirmative Defense.--It is an affirmative defense 
against a forfeiture under subsection (b) that the property--
          ``(1) is for a purpose not prohibited under the 
        Chemical Weapons Convention; and
          ``(2) is of a type and quantity that under the 
        circumstances is consistent with that purpose.
    ``(d) Destruction or Other Disposition.--The Attorney 
General shall provide for the destruction or other appropriate 
disposition of any chemical weapon seized and forfeited 
pursuant to this section.
    ``(e) Assistance.--The Attorney General may request the 
head of any agency of the United States to assist in the 
handling, storage, transportation, or destruction of property 
seized under this section.
    ``(f) Owner Liability.--The owner or possessor of any 
property seized under this section shall be liable to the 
United States for any expenses incurred incident to the 
seizure, including any expenses relating to the handling, 
storage, transportation, and destruction or other disposition 
of the seized property.

``Sec. 229C. Individual self-defense devices

    ``Nothing in this chapter shall be construed to prohibit 
any individual self-defense device, including those using a 
pepper spray or chemical mace.

``Sec. 229D. Injunctions

    ``The United States may obtain in a civil action an 
injunction against--
          ``(1) the conduct prohibited under section 229 or 
        229C of this title; or
          ``(2) the preparation or solicitation to engage in 
        conduct prohibited under section 229 or 229D of this 
        title.

``Sec. 229E. Requests for military assistance to enforce prohibition in 
                    certain emergencies

    ``The Attorney General may request the Secretary of Defense 
to provide assistance under section 382 of title 10 in support 
of Department of Justice activities relating to the enforcement 
of section 229 of this title in an emergency situation 
involving a chemical weapon. The authority to make such a 
request may be exercised by another official of the Department 
of Justice in accordance with section 382(f)(2) of title 10.

``Sec. 229F. Definitions

    ``In this chapter:
          ``(1) Chemical weapon.--The term `chemical weapon' 
        means the following, together or separately:
                  ``(A) A toxic chemical and its precursors, 
                except where intended for a purpose not 
                prohibited under this chapter as long as the 
                type and quantity is consistent with such a 
                purpose.
                  ``(B) A munition or device, specifically 
                designed to cause death or other harm through 
                toxic properties of those toxic chemicals 
                specified in subparagraph (A), which would be 
                released as a result of the employment of such 
                munition or device.
                  ``(C) Any equipment specifically designed for 
                use directly in connection with the employment 
                of munitions or devices specified in 
                subparagraph (B).
          ``(2) Chemical weapons convention; convention.--The 
        terms `Chemical Weapons Convention' and `Convention' 
        mean the Convention on the Prohibition of the 
        Development, Production, Stockpiling and Use of 
        Chemical Weapons and on Their Destruction, opened for 
        signature on January 13, 1993.
          ``(3) Key component of a binary or multicomponent 
        chemical system.--The term `key component of a binary 
        or multicomponent chemical system' means the precursor 
        which plays the most important role in determining the 
        toxic properties of the final product and reacts 
        rapidly with other chemicals in the binary or 
        multicomponent system.
          ``(4) National of the united states.--The term 
        `national of the United States' has the same meaning 
        given such term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
          ``(5) Person.--The term `person', except as otherwise 
        provided, means any individual, corporation, 
        partnership, firm, association, trust, estate, public 
        or private institution, any State or any political 
        subdivision thereof, or any political entity within a 
        State, any foreign government or nation or any agency, 
        instrumentality or political subdivision of any such 
        government or nation, or other entity located in the 
        United States.
          ``(6) Precursor.--
                  ``(A) In general.--The term `precursor' means 
                any chemical reactant which takes part at any 
                stage in the production by whatever method of a 
                toxic chemical. The term includes any key 
                component of a binary or multicomponent 
                chemical system.
                  ``(B) List of precursors.--Precursors which 
                have been identified for the application of 
                verification measures under Article VI of the 
                Convention are listed in schedules contained in 
                the Annex on Chemicals of the Chemical Weapons 
                Convention.
          ``(7) Purposes not prohibited by this chapter.--The 
        term `purposes not prohibited by this chapter' means 
        the following:
                  ``(A) Peaceful purposes.--Any peaceful 
                purpose related to an industrial, agricultural, 
                research, medical, or pharmaceutical activity 
                or other activity.
                  ``(B) Protective purposes.--Any purpose 
                directly related to protection against toxic 
                chemicals and to protection against chemical 
                weapons.
                  ``(C) Unrelated military purposes.--Any 
                military purpose of the United States that is 
                not connected with the use of a chemical weapon 
                or that is not dependent on the use of the 
                toxic or poisonous properties of the chemical 
                weapon to cause death or other harm.
                  ``(D) Law enforcement purposes.--Any law 
                enforcement purpose, including any domestic 
                riot control purpose and including imposition 
                of capital punishment.
          ``(8) Toxic chemical.--
                  ``(A) In general.--The term `toxic chemical' 
                means any chemical which through its chemical 
                action on life processes can cause death, 
                temporary incapacitation or permanent harm to 
                humans or animals. The term includes all such 
                chemicals, regardless of their origin or of 
                their method of production, and regardless of 
                whether they are produced in facilities, in 
                munitions or elsewhere.
                  ``(B) List of toxic chemicals.--Toxic 
                chemicals which have been identified for the 
                application of verification measures under 
                Article VI of the Convention are listed in 
                schedules contained in the Annex on Chemicals 
                of the Chemical Weapons Convention.
          ``(9) United states.--The term `United States' means 
        the several States of the United States, the District 
        of Columbia, and the commonwealths, territories, and 
        possessions of the United States and includes all 
        places under the jurisdiction or control of the United 
        States, including--
                  ``(A) any of the places within the provisions 
                of paragraph (41) of section 40102 of title 49, 
                United States Code;
                  ``(B) any civil aircraft of the United States 
                or public aircraft, as such terms are defined 
                in paragraphs (17) and (37), respectively, of 
                section 40102 of title 49, United States Code; 
                and
                  ``(C) any vessel of the United States, as 
                such term is defined in section 3(b) of the 
                Maritime Drug Enforcement Act, as amended (46 
                U.S.C., App. sec. 1903(b)).''.
    (b) Conforming Amendments.--
          (1) Weapons of mass destruction.--Section 2332a of 
        title 18, United States Code, is amended--* * *
          (2) Table of chapters.--The table of chapters for 
        part I of title 18, United States Code, is amended by 
        inserting after the item for chapter 11A the following 
        new item: * * *
    (c) Repeals.--The following provisions of law are repealed:
          (1) Section 2332c of title 18, United States Code, 
        relating to chemical weapons.
          (2) In the table of sections for chapter 113B of 
        title 18, United States Code, the item relating to 
        section 2332c.

              Subtitle B--Revocations of Export Privileges

SEC. 211.\6\ REVOCATIONS OF EXPORT PRIVILEGES.

    If the President determines, after notice and an 
opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, that any person within the United 
States, or any national of the United States located outside 
the United States, has committed any violation of section 229 
of title 18, United States Code, the President may issue an 
order for the suspension or revocation of the authority of the 
person to export from the United States any goods or technology 
(as such terms are defined in section 16 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2415)).
---------------------------------------------------------------------------
    \6\ 18 U.S.C. 229 note.
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                         TITLE III--INSPECTIONS

SEC. 301.\7\ DEFINITIONS IN THE TITLE.

    (a) In General.--In this title, the terms ``challenge 
inspection'', ``plant site'', ``plant'', ``facility 
agreement'', ``inspection team'', and ``requesting state 
party'' have the meanings given those terms in Part I of the 
Annex on Implementation and Verification of the Chemical 
Weapons Convention. The term ``routine inspection'' means an 
inspection, other than an ``initial inspection'', undertaken 
pursuant to Article VI of the Convention.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 6721.
---------------------------------------------------------------------------
    (b) Definition of Judge of the United States.--In this 
title, the term ``judge of the United States'' means a judge or 
magistrate judge of a district court of the United States.

SEC. 302.\8\ FACILITY AGREEMENTS.

    (a) Authorization of Inspections.--Inspections by the 
Technical Secretariat of plants, plant sites, or other 
facilities or locations for which the United States has a 
facility agreement with the Organization shall be conducted in 
accordance with the facility agreement. Any such facility 
agreement may not in any way limit the right of the owner or 
operator of the facility to withhold consent to an inspection 
request.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 6722.
---------------------------------------------------------------------------
          (b) Types of Facility Agreements.--
          (1) Schedule two facilities.--The United States 
        National Authority shall ensure that facility 
        agreements for plants, plant sites, or other facilities 
        or locations that are subject to inspection pursuant to 
        paragraph 4 of Article VI of the Convention are 
        concluded unless the owner, operator, occupant, or 
        agent in charge of the facility and the Technical 
        Secretariat agree that such an agreement is not 
        necessary.
          (2) Schedule three facilities.--The United States 
        National Authority shall ensure that facility 
        agreements are concluded for plants, plant sites, or 
        other facilities or locations that are subject to 
        inspection pursuant to paragraph 5 or 6 of Article VI 
        of the Convention if so requested by the owner, 
        operator, occupant, or agent in charge of the facility.
    (c) Notification Requirements.--The United States National 
Authority shall ensure that the owner, operator, occupant, or 
agent in charge of a facility prior to the development of the 
agreement relating to that facility is notified and, if the 
person notified so requests, the person may participate in the 
preparations for the negotiation of such an agreement. To the 
maximum extent practicable consistent with the Convention, the 
owner and the operator, occupant or agent in charge of a 
facility may observe negotiations of the agreement between the 
United States and the Organization concerning that facility.
    (d) Content of Facility Agreements.--Facility agreements 
shall--
          (1) identify the areas, equipment, computers, 
        records, data, and samples subject to inspection;
          (2) describe the procedures for providing notice of 
        an inspection to the owner, occupant, operator, or 
        agent in charge of a facility;
          (3) describe the timeframes for inspections; and
          (4) detail the areas, equipment, computers, records, 
        data, and samples that are not subject to inspection.

SEC. 303.\9\ AUTHORITY TO CONDUCT INSPECTIONS.

    (a) Prohibition.--No inspection of a plant, plant site, or 
other facility or location in the United States shall take 
place under the Convention without the authorization of the 
United States National Authority in accordance with the 
requirements of this title.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 6723.
---------------------------------------------------------------------------
    (b) Authority.--
          (1) Technical secretariat inspection teams.--Any duly 
        designated member of an inspection team of the 
        Technical Secretariat may inspect any plant, plant 
        site, or other facility or location in the United 
        States subject to inspection pursuant to the 
        Convention.
          (2) United states government representatives.--The 
        United States National Authority shall coordinate the 
        designation of employees of the Federal Government to 
        accompany members of an inspection team of the 
        Technical Secretariat and, in doing so, shall ensure 
        that--
                  (A) \10\ a special agent of the Federal 
                Bureau of Investigation, as designated by the 
                Federal Bureau of Investigation, accompanies 
                each inspection team visit pursuant to 
                paragraph (1);
---------------------------------------------------------------------------
    \10\ Sec. 1117 of the Arms Control and Nonproliferation Act of 1999 
(title XI of division B of Public Law 106-113; 113 Stat. 1536) provided 
the following:
    ``sec. 1117. protection of united states companies.
    ``(a) Reimbursement.--During the 2-year period beginning on the 
date of the enactment of this Act, the United States National Authority 
(as designated pursuant to section 101 of the Chemical Weapons 
Convention Implementation Act of 1998 (as contained in division I of 
Public Law 105-277)) shall, upon request of the Director of the Federal 
Bureau of Investigation, reimburse the Federal Bureau of Investigation 
for all costs incurred by the Bureau for such period in connection with 
implementation of section 303(b)(2)(A) of that Act, except that such 
reimbursement may not exceed $2,000,000 for such 2-year period.
    ``(b) Report.--Not later than 180 days prior to the expiration of 
the 2-year period described in subsection (a), the Director of the 
Federal Bureau of Investigation shall prepare and submit to the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate a report on how 
activities under section 303(b)(2)(A) of the Chemical Weapons 
Convention Implementation Act of 1998 will be fully funded and 
implemented by the Federal Bureau of Investigation notwithstanding the 
expiration of the 2-year period described in subsection (a).''.
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                  (B) no employee of the Environmental 
                Protection Agency or the Occupational Safety 
                and Health Administration accompanies any 
                inspection team visit conducted pursuant to 
                paragraph (1); and
                  (C) the number of duly designated 
                representatives shall be kept to the minimum 
                necessary.
          (3) Objections to individuals serving as 
        inspectors.--
                  (A) In general.--In deciding whether to 
                exercise the right of the United States under 
                the Convention to object to an individual 
                serving as an inspector, the President shall 
                give great weight to his reasonable belief 
                that--
                          (i) such individual is or has been a 
                        member of, or a participant in, any 
                        group or organization that has engaged 
                        in, or attempted or conspired to engage 
                        in, or aided or abetted in the 
                        commission of, any terrorist act or 
                        activity;
                          (ii) such individual has committed 
                        any act or activity which would be a 
                        felony under the laws of the United 
                        States; or
                          (iii) the participation of such 
                        individual as a member of an inspection 
                        team would pose a risk to the national 
                        security or economic well-being of the 
                        United States.
                  (B) Not subject to judicial review.--Any 
                objection by the President to an individual 
                serving as an inspector, whether made pursuant 
                to this section or otherwise, shall not be 
                reviewable in any court.
    (c) \11\ Exception.--The requirement under subsection 
(b)(2)(A) shall not apply to inspections of United States 
chemical weapons destruction facilities (as used within the 
meaning of part IV(C)(13) of the Verification Annex to the 
Convention).
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    \11\ Sec. 305 of the Security Assistance Act of 2000 (Public Law 
106-280; 114 Stat. 854) added subsec. (c).
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SEC. 304.\12\ PROCEDURES FOR INSPECTIONS.

          (a) Types of Inspections.--Each inspection of a 
        plant, plant site, or other facility or location in the 
        United States under the Convention shall be conducted 
        in accordance with this section and section 305, except 
        where other procedures are provided in a facility 
        agreement entered into under section 302.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 6724.
---------------------------------------------------------------------------
    (b) Notice.--
          (1) In general.--An inspection referred to in 
        subsection (a) may be made only upon issuance of an 
        actual written notice by the United States National 
        Authority to the owner and to the operator, occupant, 
        or agent in charge of the premises to be inspected.
          (2) Time of Notification.--The notice for a routine 
        inspection shall be submitted to the owner and to the 
        operator, occupant, or agent in charge within six hours 
        of receiving the notification of the inspection from 
        the Technical Secretariat or as soon as possible 
        thereafter. Notice for a challenge inspection shall be 
        provided at any appropriate time determined by the 
        United States National Authority. Notices may be posted 
        prominently at the plant, plant site, or other facility 
        or location if the United States is unable to provide 
        actual written notice to the owner, operator, or agent 
        in charge of the premises.
          (3) Content of notice.--
                  (A) In general.--The notice under paragraph 
                (1) shall include all appropriate information 
                supplied by the Technical Secretariat to the 
                United States National Authority concerning--
                          (i) the type of inspection;
                          (ii) the basis for the selection of 
                        the plant, plant site, or other 
                        facility or location for the type of 
                        inspection sought;
                          (iii) the time and date that the 
                        inspection will begin and the period 
                        covered by the inspection; and
                          (iv) the names and titles of the 
                        inspectors.
                  (B) Special rule for challenge inspections.--
                In the case of a challenge inspection pursuant 
                to Article IX of the Convention, the notice 
                shall also include all appropriate evidence or 
                reasons provided by the requesting state party 
                to the Convention for seeking the inspection.
          (4) Separate notices required.--A separate notice 
        shall be provided for each inspection, except that a 
        notice shall not be required for each entry made during 
        the period covered by the inspection.
    (c) Credentials.--The head of the inspection team of the 
Technical Secretariat and the accompanying employees of the 
Federal government shall display appropriate identifying 
credentials to the owner, operator, occupant, or agent in 
charge of the premises before the inspection is commenced.
    (d) Timeframe for Inspections.--Consistent with the 
provisions of the Convention, each inspection shall be 
commenced and completed with reasonable promptness and shall be 
conducted at reasonable times, within reasonable limits, and in 
a reasonable manner.
    (e) Scope.--
          (1) In general.--Except as provided in a warrant 
        issued under section 305 or a facility agreement 
        entered into under section 302, an inspection conducted 
        under this title may extend to all things within the 
        premises inspected (including records, files, papers, 
        processes, controls, structures and vehicles) related 
        to whether the requirements of the Convention 
        applicable to such premises have been complied with.
          (2) Exception.--Unless required by the Convention, no 
        inspection under this title shall extend to--
                  (A) financial data;
                  (B) sales and marketing data (other than 
                shipment data);
                  (C) pricing data;
                  (D) personnel data;
                  (E) research data;
                  (F) patent data;
                  (G) data maintained for compliance with 
                environmental or occupational health and safety 
                regulations; or
                  (H) personnel and vehicles entering and 
                personnel and personal passenger vehicles 
                exiting the facility.
    (f) Sampling and Safety.--
          (1) In general.--The Director of the United States 
        National Authority is authorized to require the 
        provision of samples to a member of the inspection team 
        of the Technical Secretariat in accordance with the 
        provisions of the Convention. The owner or the 
        operator, occupant or agent in charge of the premises 
        to be inspected shall determine whether the sample 
        shall be taken by representatives of the premises or 
        the inspection team or other individuals present. No 
        sample collected in the United States pursuant to an 
        inspection permitted by this Act may be transferred for 
        analysis to any laboratory outside the territory of the 
        United States.
          (2) Compliance with regulations.--In carrying out 
        their activities, members of the inspection team of the 
        Technical Secretariat and representatives of agencies 
        or departments accompanying the inspection team shall 
        observe safety regulations established at the premises 
        to be inspected, including those for protection of 
        controlled environments within a facility and for 
        personal safety.
    (g) Coordination.--The appropriate representatives of the 
United States, as designated, if present, shall assist the 
owner and the operator, occupant or agent in charge of the 
premises to be inspected in interacting with the members of the 
inspection team of the Technical Secretariat.

SEC. 305.\13\ WARRANTS.

    (a) In General.--The United States Government shall seek 
the consent of the owner or the operator, occupant, or agent in 
charge of the premises to be inspected prior to any inspection 
referred to in section 304(a). If consent is obtained, a 
warrant is not required for the inspection. The owner or the 
operator, occupant, or agent in charge of the premises to be 
inspected may withhold consent for any reason or no reason. 
After providing notification pursuant to subsection (b), the 
United States Government may seek a search warrant from a 
United States magistrate judge. Proceedings regarding the 
issuance of a search warrant shall be conducted ex parte, 
unless otherwise requested by the United States Government.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 6725.
---------------------------------------------------------------------------
    (b) Routine Inspections.--
          (1) Obtaining administrative search warrants.--For 
        any routine inspection conducted on the territory of 
        the United States pursuant to Article VI of the 
        Convention, where consent has been withheld, the United 
        States Government shall first obtain an administrative 
        search warrant from a judge of the United States. The 
        United States Government shall provide to the judge of 
        the United States all appropriate information supplied 
        by the Technical Secretariat to the United States 
        National Authority regarding the basis for the 
        selection of the plant site, plant, or other facility 
        or location for the type of inspection sought. The 
        United States Government shall also provide any other 
        appropriate information available to it relating to the 
        reasonableness of the selection of the plant, plant 
        site, or other facility or location for the inspection.
          (2) Content of affidavits for administrative search 
        warrants.--The judge of the United States shall 
        promptly issue a warrant authorizing the requested 
        inspection upon an affidavit submitted by the United 
        States Government showing that--
                  (A) the Chemical Weapons Convention is in 
                force for the United States;
                  (B) the plant site, plant, or other facility 
                or location sought to be inspected is required 
                to report data under title IV of this Act and 
                is subject to routine inspection under the 
                Convention;
                  (C) the purpose of the inspection is--
                          (i) in the case of any facility owned 
                        or operated by a non-Government entity 
                        related to Schedule 1 chemical agents, 
                        to verify that the facility is not used 
                        to produce any Schedule 1 chemical 
                        agent except for declared chemicals; 
                        quantities of Schedule 1 chemicals 
                        produced, processed, or consumed are 
                        correctly declared and consistent with 
                        needs for the declared purpose; and 
                        Schedule 1 chemicals are not diverted 
                        or used for other purposes;
                          (ii) in the case of any facility 
                        related to Schedule 2 chemical agents, 
                        to verify that activities are in 
                        accordance with obligations under the 
                        Convention and consistent with the 
                        information provided in data 
                        declarations; and
                          (iii) in the case of any facility 
                        related to Schedule 3 chemical agents 
                        and any other chemical production 
                        facility, to verify that the activities 
                        of the facility are consistent with the 
                        information provided in data 
                        declarations;
                  (D) the items, documents, and areas to be 
                searched and seized;
                  (E) in the case of a facility related to 
                Schedule 2 or Schedule 3 chemical agents or 
                unscheduled discrete organic chemicals, the 
                plant site has not been subject to more than 1 
                routine inspection in the current calendar 
                year, and, in the case of facilities related to 
                Schedule 3 chemical agents or unscheduled 
                discrete organic chemicals, the inspection will 
                not cause the number of routine inspections in 
                the United States to exceed 20 in a calendar 
                year;
                  (F) the selection of the site was made in 
                accordance with procedures established under 
                the Convention and, in particular--
                          (i) in the case of any facility owned 
                        or operated by a non-Government entity 
                        related to Schedule 1 chemical agents, 
                        the intensity, duration, timing, and 
                        mode of the requested inspection is 
                        based on the risk to the object and 
                        purpose of the Convention by the 
                        quantities of chemical produced, the 
                        characteristics of the facility and the 
                        nature of activities carried out at the 
                        facility, and the requested inspection, 
                        when considered with previous such 
                        inspections of the facility undertaken 
                        in the current calendar year, shall not 
                        exceed the number reasonably required 
                        based on the risk to the object and 
                        purpose of the Convention as described 
                        above;
                          (ii) in the case of any facility 
                        related to Schedule 2 chemical agents, 
                        the Technical Secretariat gave due 
                        consideration to the risk to the object 
                        and purpose of the Convention posed by 
                        the relevant chemical, the 
                        characteristics of the plant site and 
                        the nature of activities carried out 
                        there, taking into account the 
                        respective facility agreement as well 
                        as the results of the initial 
                        inspections and subsequent inspections; 
                        and
                          (iii) in the case of any facility 
                        related to Schedule 3 chemical agents 
                        or unscheduled discrete organic 
                        chemicals, the facility was selected 
                        randomly by the Technical Secretariat 
                        using appropriate mechanisms, such as 
                        specifically designed computer 
                        software, on the basis of two weighting 
                        factors: (I) equitable geographical 
                        distribution of inspections; and (II) 
                        the information on the declared sites 
                        available to the Technical Secretariat, 
                        related to the relevant chemical, the 
                        characteristics of the plant site, and 
                        the nature of activities carried out 
                        there;
                  (G) the earliest commencement and latest 
                closing dates and times of the inspection; and
                  (H) the duration of inspection will not 
                exceed time limits specified in the Convention 
                unless agreed by the owner, operator, or agent 
                in charge of the plant.
          (3) Content of warrants.--A warrant issued under 
        paragraph (2) shall specify the same matters required 
        of an affidavit under that paragraph. In addition to 
        the requirements for a warrant issued under this 
        paragraph, each warrant shall contain, if known, the 
        identities of the representatives of the Technical 
        Secretariat conducting the inspection and the observers 
        of the inspection and, if applicable, the identities of 
        the representatives of agencies or departments of the 
        United States accompanying those representatives.
          (4) Challenge inspections.--
                  (A) Criminal search warrant.--For any 
                challenge inspection conducted on the territory 
                of the United States pursuant to Article IX of 
                the Chemical Weapons Convention, where consent 
                has been withheld, the United States Government 
                shall first obtain from a judge of the United 
                States a criminal search warrant based upon 
                probable cause, supported by oath or 
                affirmation, and describing with particularity 
                the place to be searched and the person or 
                things to be seized.
                  (B) Information provided.--The United States 
                Government shall provide to the judge of the 
                United States--
                          (i) all appropriate information 
                        supplied by the Technical Secretariat 
                        to the United States National Authority 
                        regarding the basis for the selection 
                        of the plant site, plant, or other 
                        facility or location for the type of 
                        inspection sought;
                          (ii) any other appropriate 
                        information relating to the 
                        reasonableness of the selection of the 
                        plant, plant site, or other facility or 
                        location for the inspection;
                          (iii) information concerning--
                                  (I) the duration and scope of 
                                the inspection;
                                  (II) areas to be inspected;
                                  (III) records and data to be 
                                reviewed; and
                                  (IV) samples to be taken;
                          (iv) appropriate evidence or reasons 
                        provided by the requesting state party 
                        for the inspection;
                          (v) any other evidence showing 
                        probable cause to believe that a 
                        violation of this Act has occurred or 
                        is occurring; and
                          (vi) the identities of the 
                        representatives of the Technical 
                        Secretariat on the inspection team and 
                        the Federal Government employees 
                        accompanying the inspection team.
                  (C) Content of warrant.--The warrant shall 
                specify--
                          (i) the type of inspection 
                        authorized;
                          (ii) the purpose of the inspection;
                          (iii) the type of plant site, plant, 
                        or other facility or location to be 
                        inspected;
                          (iv) the areas of the plant site, 
                        plant, or other facility or location to 
                        be inspected;
                          (v) the items, documents, data, 
                        equipment, and computers that may be 
                        inspected or seized;
                          (vi) samples that may be taken;
                          (vii) the earliest commencement and 
                        latest concluding dates and times of 
                        the inspection; and
                          (viii) the identities of the 
                        representatives of the Technical 
                        Secretariat on the inspection teams and 
                        the Federal Government employees 
                        accompanying the inspection team.

SEC. 306.\14\ PROHIBITED ACTS RELATING TO INSPECTIONS.

    It shall be unlawful for any person willfully to fail or 
refuse to permit entry or inspection, or to disrupt, delay, or 
otherwise impede an inspection, authorized by this Act.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 6726.
---------------------------------------------------------------------------

SEC. 307.\15\ NATIONAL SECURITY EXCEPTION.

    Consistent with the objective of eliminating chemical 
weapons, the President may deny a request to inspect any 
facility in the United States in cases where the President 
determines that the inspection may pose a threat to the 
national security interests of the United States.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 6727.
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SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

    (a) The Office of Federal Procurement Policy Act (41 U.S.C. 
403 et seq.) is amended by adding at the end the following: * * 
*
    (b) The table of contents in section 1(b) of such Act is 
amended by adding at the end the following: * * *

SEC. 309.\16\ ANNUAL REPORT ON INSPECTIONS.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, and annually thereafter, the President 
shall submit a report in classified and unclassified form to 
the appropriate congressional committees on inspections made 
under the Convention during the preceding year.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 6728.
---------------------------------------------------------------------------
    (b) Content of Reports.--Each report shall contain the 
following information for the reporting period:
          (1) The name of each company or entity subject to the 
        jurisdiction of the United States reporting data 
        pursuant to title IV of this Act.
          (2) The number of inspections under the Convention 
        conducted on the territory of the United States.
          (3) The number and identity of inspectors conducting 
        any inspection described in paragraph (2) and the 
        number of inspectors barred from inspection by the 
        United States.
          (4) The cost to the United States for each inspection 
        described in paragraph (2).
          (5) The total costs borne by United States business 
        firms in the course of inspections described in 
        paragraph (2).
          (6) A description of the circumstances surrounding 
        inspections described in paragraph (2), including 
        instances of possible industrial espionage and 
        misconduct of inspectors.
          (7) The identity of parties claiming loss of trade 
        secrets, the circumstances surrounding those losses, 
        and the efforts taken by the United States Government 
        to redress those losses.
          (8) A description of instances where inspections 
        under the Convention outside the United States have 
        been disrupted or delayed.
    (c) Definition.--The term ``appropriate congressional 
committees'' means the Committee on the Judiciary, the 
Committee on Foreign Relations, and the Select Committee on 
Intelligence of the Senate and the Committee on the Judiciary, 
the Committee on International Relations, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives.

SEC. 310.\17\ UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE 
                    FACILITIES.

    (a) Assistance in Preparation for Inspections.--At the 
request of an owner of a facility not owned or operated by the 
United States Government, or contracted for use by or for the 
United States Government, the Secretary of Defense may assist 
the facility to prepare the facility for possible inspections 
pursuant to the Convention.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 6729.
---------------------------------------------------------------------------
    (b) Reimbursement Requirement.--
          (1) In general.--Except as provided in paragraph (2), 
        the owner of a facility provided assistance under 
        subsection (a) shall reimburse the Secretary for the 
        costs incurred by the Secretary in providing the 
        assistance.
          (2) Exception.--In the case of assistance provided 
        under subsection (a) to a facility owned by a person 
        described in subsection (c), the United States National 
        Authority shall reimburse the Secretary for the costs 
        incurred by the Secretary in providing the assistance.
    (c) Owners Covered by United States National Authority 
Reimbursements.--Subsection (b)(2) applies in the case of 
assistance provided to the following:
          (1) Small business concerns.--A small business 
        concern as defined in section 3 of the Small Business 
        Act.
          (2) Domestic producers of schedule 3 or unscheduled 
        discrete organic chemicals.--Any person located in the 
        United States that--
                  (A) does not possess, produce, process, 
                consume, import, or export any Schedule 1 or 
                Schedule 2 chemical; and
                  (B) in the calendar year preceding the year 
                in which the assistance is to be provided, 
                produced--
                          (i) more than 30 metric tons of 
                        Schedule 3 or unscheduled discrete 
                        organic chemicals that contain 
                        phosphorous, sulfur, or fluorine; or
                          (ii) more than 200 metric tons of 
                        unscheduled discrete organic chemicals.

                           TITLE IV--REPORTS

SEC. 401.\18\ REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.

    (a) Regulations on Recordkeeping.--
          (1) Requirements.--The United States National 
        Authority shall ensure that regulations are prescribed 
        that require each person located in the United States 
        who produces, processes, consumes, exports, or imports, 
        or proposes to produce, process, consume, export, or 
        import, a chemical substance that is subject to the 
        Convention to--
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 6741.
---------------------------------------------------------------------------
                  (A) maintain and permit access to records 
                related to that production, processing, 
                consumption, export, or import of such 
                substance; and
                  (B) submit to the Director of the United 
                States National Authority such reports as the 
                United States National Authority may reasonably 
                require to provide to the Organization, 
                pursuant to subparagraph 1(a) of the Annex on 
                Confidentiality of the Convention, the minimum 
                amount of information and data necessary for 
                the timely and efficient conduct by the 
                Organization of its responsibilities under the 
                Convention.
          (2) Rulemaking.--The Director of the United States 
        National Authority shall ensure that regulations 
        pursuant to this section are prescribed expeditiously.
    (b) Coordination.--
          (1) Avoidance of duplication.--To the extent 
        feasible, the United States Government shall not 
        require the submission of any report that is 
        unnecessary or duplicative of any report required by or 
        under any other law. The head of each Federal agency 
        shall coordinate the actions of that agency with the 
        heads of the other Federal agencies in order to avoid 
        the imposition of duplicative reporting requirements 
        under this Act or any other law.
          (2) Definition.--As used in paragraph (1), the term 
        ``Federal agency'' has the meaning given the term 
        ``agency'' in section 551(1) of title 5, United States 
        Code.

SEC. 402.\19\ PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2 
                    AND 3 CHEMICALS.

    (a) Prohibition.--Notwithstanding any other provision of 
this Act, no person located in the United States shall be 
required to report on, or to submit to, any routine inspection 
conducted for the purpose of verifying the production, 
possession, consumption, exportation, importation, or proposed 
production, possession, consumption, exportation, or 
importation of any substance that contains less than--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 6742.
---------------------------------------------------------------------------
          (1) 10 percent concentration of a Schedule 2 
        chemical; or
          (2) 80 percent concentration of a Schedule 3 
        chemical.
    (b) Standard for Measurement of Concentration.--The percent 
concentration of a chemical in a substance shall be measured on 
the basis of volume or total weight, which measurement yields 
the lesser percent.

SEC. 403.\20\ PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC 
                    CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE 
                    STREAMS.

    (a) Prohibition.--Notwithstanding any other provision of 
this Act, no person located in the United States shall be 
required to report on, or to submit to, any routine inspection 
conducted for the purpose of verifying the production, 
possession, consumption, exportation, importation, or proposed 
production, possession, consumption, exportation, or 
importation of any substance that is--
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 6743.
---------------------------------------------------------------------------
          (1) an unscheduled discrete organic chemical; and
          (2) a coincidental byproduct of a manufacturing or 
        production process that is not isolated or captured for 
        use or sale during the process and is routed to, or 
        escapes, from the waste stream of a stack, incinerator, 
        or wastewater treatment system or any other waste 
        stream.

SEC. 404.\21\ CONFIDENTIALITY OF INFORMATION.

    (a) Freedom of Information Act Exemption for Certain 
Convention Information.--Except as provided in subsection (b) 
or (c), any confidential business information, as defined in 
section 103(g), reported to, or otherwise acquired by, the 
United States Government under this Act or under the Convention 
shall not be disclosed under section 552(a) of title 5, United 
States Code.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 6744.
---------------------------------------------------------------------------
    (b) Exceptions.--
          (1) Information for the technical secretariat.--
        Information shall be disclosed or otherwise provided to 
        the Technical Secretariat or other states parties to 
        the Chemical Weapons Convention in accordance with the 
        Convention, in particular, the provisions of the Annex 
        on the Protection of Confidential Information.
          (2) Information for congress.--Information shall be 
        made available to any committee or subcommittee of 
        Congress with appropriate jurisdiction upon the written 
        request of the chairman or ranking minority member of 
        such committee or subcommittee, except that no such 
        committee or subcommittee, and no member and no staff 
        member of such committee or subcommittee, shall 
        disclose such information or material except as 
        otherwise required or authorized by law.
          (3) Information for enforcement actions.--Information 
        shall be disclosed to other Federal agencies for 
        enforcement of this Act or any other law, and shall be 
        disclosed or otherwise provided when relevant in any 
        proceeding under this Act or any other law, except that 
        disclosure or provision in such a proceeding shall be 
        made in such manner as to preserve confidentiality to 
        the extent practicable without impairing the 
        proceeding.
    (c) Information Disclosed in the National Interest.--
          (1) Authority.--The United States Government shall 
        disclose any information reported to, or otherwise 
        required by the United States Government under this Act 
        or the Convention, including categories of such 
        information, that it determines is in the national 
        interest to disclose and may specify the form in which 
        such information is to be disclosed.
          (2) Notice of disclosure.--
                  (A) Requirement.--If any Department or agency 
                of the United States Government proposes 
                pursuant to paragraph (1) to publish or 
                disclose or otherwise provide information 
                exempt from disclosure under subsection (a), 
                the United States National Authority shall, 
                unless contrary to national security or law 
                enforcement needs, provide notice of intent to 
                disclose the information--
                          (i) to the person that submitted such 
                        information; and
                          (ii) in the case of information about 
                        a person received from another source, 
                        to the person to whom that information 
                        pertains.

                The information may not be disclosed until the 
                expiration of 30 days after notice under this 
                paragraph has been provided.
                  (B) Proceedings on objections.--In the event 
                that the person to which the information 
                pertains objects to the disclosure, the agency 
                shall promptly review the grounds for each 
                objection of the person and shall afford the 
                objecting person a hearing for the purpose of 
                presenting the objections to the disclosure. 
                Not later than 10 days before the scheduled or 
                rescheduled date for the disclosure, the United 
                States National Authority shall notify such 
                person regarding whether such disclosure will 
                occur notwithstanding the objections.
    (d) Criminal Penalty for Wrongful Disclosure.--Any officer 
or employee of the United States, and any former officer or 
employee of the United States, who by reason of such employment 
or official position has obtained possession of, or has access 
to, information the disclosure or other provision of which is 
prohibited by subsection (a), and who, knowing that disclosure 
or provision of such information is prohibited by such 
subsection, willfully discloses or otherwise provides the 
information in any manner to any person (including any person 
located outside the territory of the United States) not 
authorized to receive it, shall be fined under title 18, United 
States Code, or imprisoned for not more than five years, or 
both.
    (e) Criminal Forfeiture.--The property of any person who 
violates subsection (d) shall be subject to forfeiture to the 
United States in the same manner and to the same extent as is 
provided in section 229C of title 18, United States Code, as 
added by this Act.
    (f) International Inspectors.--The provisions of this 
section shall also apply to employees of the Technical 
Secretariat.

SEC. 405.\22\ RECORDKEEPING VIOLATIONS.

    It shall be unlawful for any person willfully to fail or 
refuse--
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    \22\ 22 U.S.C. 6745.
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          (1) to establish or maintain any record required by 
        this Act or any regulation prescribed under this Act;
          (2) to submit any report, notice, or other 
        information to the United States Government in 
        accordance with this Act or any regulation prescribed 
        under this Act; or
          (3) to permit access to or copying of any record that 
        is exempt from disclosure under this Act or any 
        regulation prescribed under this Act.

                          TITLE V--ENFORCEMENT

SEC. 501.\23\ PENALTIES.

    (a) Civil.--
          (1) Penalty amounts.--
                  (A) Prohibited acts relating to 
                inspections.--Any person that is determined, in 
                accordance with paragraph (2), to have violated 
                section 306 of this Act shall be required by 
                order to pay a civil penalty in an amount not 
                to exceed $25,000 for each such violation. For 
                purposes of this paragraph, each day such a 
                violation of section 306 continues shall 
                constitute a separate violation of that 
                section.
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    \23\ 22 U.S.C. 6761.
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                  (B) Recordkeeping violations.--Any person 
                that is determined, in accordance with 
                paragraph (2), to have violated section 405 of 
                this Act shall be required by order to pay a 
                civil penalty in an amount not to exceed $5,000 
                for each such violation.
          (2) Hearing.--
                  (A) In general.--Before imposing an order 
                described in paragraph (1) against a person 
                under this subsection for a violation of 
                section 306 or 405, the Secretary of State 
                shall provide the person or entity with notice 
                and, upon request made within 15 days of the 
                date of the notice, a hearing respecting the 
                violation.
                  (B) Conduct of hearing.--Any hearing so 
                requested shall be conducted before an 
                administrative law judge. The hearing shall be 
                conducted in accordance with the requirements 
                of section 554 of title 5, United States Code. 
                If no hearing is so requested, the Secretary of 
                State's imposition of the order shall 
                constitute a final and unappealable order.
                  (C) Issuance of orders.--If the 
                administrative law judge determines, upon the 
                preponderance of the evidence received, that a 
                person or entity named in the complaint has 
                violated section 306 or 405, the administrative 
                law judge shall state his findings of fact and 
                issue and cause to be served on such person or 
                entity an order described in paragraph (1).
                  (D) Factors for determination of penalty 
                amounts.--In determining the amount of any 
                civil penalty, the administrative law judge 
                shall take into account the nature, 
                circumstances, extent, and gravity of the 
                violation or violations and, with respect to 
                the violator, the ability to pay, effect on 
                ability to continue to do business, any history 
                of prior such violations, the degree of 
                culpability, the existence of an internal 
                compliance program, and such other matters as 
                justice may require.
          (3) Administrative appellate review.--The decision 
        and order of an administrative law judge shall become 
        the final agency decision and order of the head of the 
        United States National Authority unless, within 30 
        days, the head of the United States National Authority 
        modifies or vacates the decision and order, with or 
        without conditions, in which case the decision and 
        order of the head of the United States National 
        Authority shall become a final order under this 
        subsection.
          (4) Offsets.--The amount of the civil penalty under a 
        final order of the United States National Authority may 
        be deducted from any sums owed by the United States to 
        the person.
          (5) Judicial review.--A person adversely affected by 
        a final order respecting an assessment may, within 30 
        days after the date the final order is issued, file a 
        petition in the Court of Appeals for the District of 
        Columbia Circuit or for any other circuit in which the 
        person resides or transacts business.
          (6) Enforcement of orders.--If a person fails to 
        comply with a final order issued under this subsection 
        against the person or entity--
                  (A) after the order making the assessment has 
                become a final order and if such person does 
                not file a petition for judicial review of the 
                order in accordance with paragraph (5), or
                  (B) after a court in an action brought under 
                paragraph (5) has entered a final judgment in 
                favor of the United States National Authority,
the Secretary of State shall file a suit to seek compliance 
with the order in any appropriate district court of the United 
States, plus interest at currently prevailing rates calculated 
from the date of expiration of the 30-day period referred to in 
paragraph (5) or the date of such final judgment, as the case 
may be. In any such suit, the validity and appropriateness of 
the final order shall not be subject to review.
    (b) Criminal.--Any person who knowingly violates any 
provision of section 306 or 405 of this Act, shall, in addition 
to or in lieu of any civil penalty which may be imposed under 
subsection (a) for such violation, be fined under title 18, 
United States Code, imprisoned for not more than one year, or 
both.

SEC. 502.\24\ SPECIFIC ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States 
shall have jurisdiction over civil actions to--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 6762.
---------------------------------------------------------------------------
          (1) restrain any violation of section 306 or 405 of 
        this Act; and
          (2) compel the taking of any action required by or 
        under this Act or the Convention.
    (b) Civil Actions.--
          (1) In general.--A civil action described in 
        subsection (a) may be brought--
                  (A) in the case of a civil action described 
                in subsection (a)(1), in the United States 
                district court for the judicial district in 
                which any act, omission, or transaction 
                constituting a violation of section 306 or 405 
                occurred or in which the defendant is found or 
                transacts business; or
                  (B) in the case of a civil action described 
                in subsection (a)(2), in the United States 
                district court for the judicial district in 
                which the defendant is found or transacts 
                business.
          (2) Service of process.--In any such civil action 
        process may be served on a defendant wherever the 
        defendant may reside or may be found, whether the 
        defendant resides or may be found within the United 
        States or elsewhere.

SEC. 503.\25\ EXPEDITED JUDICIAL REVIEW.

    (a) Civil Action.--Any person or entity subject to a search 
under this Act may file a civil action challenging the 
constitutionality of any provision of this Act. Notwithstanding 
any other provision of law, during the full calendar year of, 
and the two full calendar years following, the enactment of 
this Act, the district court shall accord such a case a 
priority in its disposition ahead of all other civil actions 
except for actions challenging the legality and conditions of 
confinement.
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    \25\ 22 U.S.C. 6763.
---------------------------------------------------------------------------
    (b) En Banc Review.--Notwithstanding any other provision of 
law, during the full calendar year of, and the two full 
calendar years following, the enactment of this Act, any appeal 
from a final order entered by a district court in an action 
brought under subsection (a) shall be heard promptly by the 
full Court of Appeals sitting en banc.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. REPEAL.

    Section 808 of the Department of Defense Appropriation 
Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of 
human subjects for the testing of chemical or biological 
agents) is repealed.

SEC. 602.\26\ PROHIBITION.

    (a) In General.--Neither the Secretary of Defense nor any 
other officer or employee of the United States may, directly or 
by contract--
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 6771.
---------------------------------------------------------------------------
          (1) conduct any test or experiment involving the use 
        of any chemical or biological agent on a civilian 
        population; or
          (2) use human subjects for the testing of chemical or 
        biological agents.
    (b) Construction.--Nothing in subsection (a) may be 
construed to prohibit actions carried out for purposes not 
prohibited by this Act (as defined in section 3(8)).
    (c) Biological Agent Defined.--In this section, the term 
``biological agent'' means any micro-organism (including 
bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, 
or infectious substance, or any naturally occurring, bio-
engineered or synthesized component of any such micro-organism, 
pathogen, or infectious substance, whatever its origin or 
method of production, capable of causing--
          (1) death, disease, or other biological malfunction 
        in a human, an animal, a plant, or another living 
        organism;
          (2) deterioration of food, water, equipment, 
        supplies, or materials of any kind; or
          (3) deleterious alteration of the environment.

SEC. 603. BANKRUPTCY ACTIONS.

    Section 362(b) of title 11, United States Code, is 
amended--* * *
       f. Defense Against Weapons of Mass Destuction Act of 1998

  Partial text of Public Law 105-261 [Strom Thurmond National Defense 
  Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920, 
                       approved October 17, 1998

 AN ACT To authorize appropriations for fiscal year 1999 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscla year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

 TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS 
                            DESTRUCTION \1\

Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of terrorist 
          use of weapons of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response capabilities for 
          terrorism 
          involving weapons of mass destruction.

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Defense Against Weapons of 
Mass Destruction Act of 1998''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 2301 note.
---------------------------------------------------------------------------

SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST 
                    USE OF WEAPONS OF MASS DESTRUCTION.

    (a) Enhanced Response Capability.--In light of the 
continuing potential for terrorist use of weapons of mass 
destruction against the United States and the need to develop a 
more fully coordinated response to that threat on the part of 
Federal, State, and local agencies, the President shall act to 
increase the effectiveness at the Federal, State, and local 
level of the domestic emergency preparedness program for 
response to terrorist incidents involving weapons of mass 
destruction by utilizing the President's existing authorities 
to develop an integrated program that builds upon the program 
established under the Defense Against Weapons of Mass 
Destruction Act of 1996 (title XIV of Public Law 104-201; 110 
Stat. 2714; 50 U.S.C. 2301 et seq.).
    (b) Report.--Not later than January 31, 1999, the President 
shall submit to Congress a report containing information on the 
actions taken at the Federal, State, and local level to develop 
an integrated program to prevent and respond to terrorist 
incidents involving weapons of mass destruction.

SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS.

    Section 1051 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1889; 31 U.S.C. 
1113 note) is amended by adding at the end the following new 
subsection: * * *

SEC. 1404. THREAT AND RISK ASSESSMENTS.

    (a) Requirement To Develop Methodologies.--The Attorney 
General, in consultation with the Director of the Federal 
Bureau of Investigation and representatives of appropriate 
Federal, State, and local agencies, shall develop and test 
methodologies for assessing the threat and risk of terrorist 
employment of weapons of mass destruction against cities and 
other local areas. The results of the tests may be used to 
determine the training and equipment requirements under the 
program developed under section 1402. The methodologies 
required by this subsection shall be developed using cities or 
local areas selected by the Attorney General, acting in 
consultation with the Director of the Federal Bureau of 
Investigation and appropriate representatives of Federal, 
State, and local agencies.
    (b) Required Completion Date.--The requirements in 
subsection (a) shall be completed not later than 1 year after 
the date of the enactment of this Act.

SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR 
                    TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.

    (a) Requirement for Panel.--The Secretary of Defense, in 
consultation with the Attorney General, the Secretary of 
Energy, the Secretary of Health and Human Services, and the 
Director of the Federal Emergency Management Agency, shall 
enter into a contract with a federally funded research and 
development center to establish a panel to assess the 
capabilities for domestic response to terrorism involving 
weapons of mass destruction.
    (b) Composition of Panel; Selection.--(1) The panel shall 
be composed of members who shall be private citizens of the 
United States with knowledge and expertise in emergency 
response matters.
    (2) Members of the panel shall be selected by the federally 
funded research and development center in accordance with the 
terms of the contract established pursuant to subsection (a).
    (c) Procedures for Panel.--The federally funded research 
and development center shall be responsible for establishing 
appropriate procedures for the panel, including procedures for 
selection of a panel chairman.
    (d) Duties of Panel.--The panel shall--
          (1) assess Federal agency efforts to enhance domestic 
        preparedness for incidents involving weapons of mass 
        destruction;
          (2) assess the progress of Federal training programs 
        for local emergency responses to incidents involving 
        weapons of mass destruction;
          (3) assess deficiencies in programs for response to 
        incidents involving weapons of mass destruction, 
        including a review of unfunded communications, 
        equipment, and planning requirements, and the needs of 
        maritime regions;
          (4) recommend strategies for ensuring effective 
        coordination with respect to Federal agency weapons of 
        mass destruction response efforts, and for ensuring 
        fully effective local response capabilities for weapons 
        of mass destruction incidents; and
          (5) assess the appropriate roles of State and local 
        government in funding effective local response 
        capabilities.
    (e) Deadline To Enter Into Contract.--The Secretary of 
Defense shall enter into the contract required under subsection 
(a) not later than 60 days after the date of the enactment of 
this Act.
    (f) Deadline for Selection of Panel Members.--Selection of 
panel members shall be made not later than 30 days after the 
date on which the Secretary enters into the contract required 
by subsection (a).
    (g) Initial Meeting of the Panel.--The panel shall conduct 
its first meeting not later than 30 days after the date that 
all the selections to the panel have been made.
    (h) Reports.--(1) Not later than 6 months after the date of 
the first meeting of the panel, the panel shall submit to the 
President and to Congress an initial report setting forth its 
findings, conclusions, and recommendations for improving 
Federal, State, and local domestic emergency preparedness to 
respond to incidents involving weapons of mass destruction.
    (2) Not later than December 15 of each year, beginning in 
1999 and ending in 2001, the panel shall submit to the 
President and to the Congress a report setting forth its 
findings, conclusions, and recommendations for improving 
Federal, State, and local domestic emergency preparedness to 
respond to incidents involving weapons of mass destruction.
    (i) Cooperation of Other Agencies.--(1) The panel may 
secure directly from the Department of Defense, the Department 
of Energy, the Department of Health and Human Services, the 
Department of Justice, and the Federal Emergency Management 
Agency, or any other Federal department or agency information 
that the panel considers necessary for the panel to carry out 
its duties.
    (2) The Attorney General, the Secretary of Defense, the 
Secretary of Energy, the Secretary of Health and Human 
Services, the Director of the Federal Emergency Management 
Agency, and any other official of the United States shall 
provide the panel with full and timely cooperation in carrying 
out its duties under this section.
    (j) Funding.--The Secretary of Defense shall provide the 
funds necessary for the panel to carry out its duties from the 
funds available to the Department of Defense for weapons of 
mass destruction preparedness initiatives.
    (k) Compensation of Panel Members.--(1) Members of the 
panel shall serve without pay by reason of their work on the 
panel.
    (2) Members of the panel shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized 
for employees of agencies under subchapter 57 of title 5, 
United States Code, while away from their homes or regular 
place of business in performance of services for the panel.
    (l) Termination of the Panel.--The panel shall terminate 
three years after the date of the appointment of the member 
selected as chairman of the panel.
    (m) Definition.--In this section, the term ``weapon of mass 
destruction'' has the meaning given that term in section 
1403(1) of the Defense Against Weapons of Mass Destruction Act 
of 1996 (50 U.S.C. 2302(1)).
          * * * * * * *
g. Combatting Proliferation of Weapons of Mass Destruction Act of 1996 
                                  \1\

Partial text of Public Law 104-293 [Intelligence Authorization Act for 
  Fiscal Year 1997; H.R. 3259], 110 Stat. 3461, approved October 11, 
1996; amended by Public Law 105-277 [Omnibus Consolidated and Emergency 
  Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, 
                       approved October 21, 1998

      AN ACT To authorize appropriations for fiscal year 1997 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Community Management Account, and the Central 
  Intelligence Agency Retirement and Disability System, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Intelligence Authorization Act for Fiscal Year 1997''.
---------------------------------------------------------------------------
    \1\ The title is as enrolled.
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    (b) Table of Contents.--* * *
          * * * * * * *

                  TITLE VII--COMBATTING PROLIFERATION

SEC. 701.\2\ SHORT TITLE.

    This title may be cited as the ``Combatting Proliferation 
of Weapons of Mass Destruction Act of 1996''.
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 2301 note.
---------------------------------------------------------------------------

Subtitle A--Assessment of Organization and Structure of Government for 
                        Combatting Proliferation

SEC. 711.\3\ ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be 
known as the Commission to Assess the Organization of the 
Federal Government to Combat the Proliferation of Weapons of 
Mass Destruction (in this subtitle referred to as the 
``Commission'').
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2351 note.
---------------------------------------------------------------------------
    (b) Membership.--The Commission shall be composed of twelve 
members, none of whom may, during the period of their service 
on the Commission, be an officer or employee of any department, 
agency, or other establishment of the Executive Branch (other 
than the Commission), and \4\ of whom--
---------------------------------------------------------------------------
    \4\ Sec. 708(b)(1) of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out 
``eight members'' and inserted in lieu thereof ``twelve members, none 
of whom may, during the period of their service on the Commission, be 
an officer or employee of any department, agency, or other 
establishment of the Executive Branch (other than the Commission), 
and''.
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          (1) four shall be appointed by the President;
          (2) three \5\ shall be appointed by the Majority 
        Leader of the Senate;
---------------------------------------------------------------------------
    \5\ Sec. 708(b)(2) of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out 
``one'' and inserted in lieu thereof ``three''.
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          (3) one shall be appointed by the Minority Leader of 
        the Senate;
          (4) three \6\ shall be appointed by the Speaker of 
        the House of Representatives; and
---------------------------------------------------------------------------
    \6\ Sec. 708(b)(3) of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out 
``one'' and inserted in lieu thereof ``three''.
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          (5) one shall be appointed by the Minority Leader of 
        the House of Representatives.
    (c) Qualifications of Members.--(1) To the maximum extent 
practicable, the individuals appointed as members of the 
Commission shall be individuals who are nationally recognized 
for expertise regarding--
          (A) the nonproliferation of weapons of mass 
        destruction;
          (B) the efficient and effective implementation of 
        United States nonproliferation policy; or
          (C) the implementation, funding, or oversight of the 
        national security policies of the United States.
    (2) An official who appoints members of the Commission may 
not appoint an individual as a member if, in the judgment of 
the official, the individual possesses any personal or 
financial interest in the discharge of any of the duties of the 
Commission.
    (d) Period of Appointment; Vacancies.--Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be filled in 
the same manner as the original appointment.
    (e) Initial Meeting.--Not later than 30 days after the date 
of enactment of an Act making appropriations for the 
Departments of Labor, Health and Human Services, and Education, 
and related agencies, for the fiscal year ending September 30, 
1999, regardless of whether all the members of the Commission 
have been appointed as of that date,,\7\ the Commission shall 
hold its first meeting.
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    \7\ Sec. 708(b)(4) of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out 
``the date on which all members of the Commission have been appointed'' 
and inserted in lieu thereof ``the date of enactment of an Act making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies, for the fiscal year ending 
September 30, 1999, regardless of whether all the members of the 
Commission have been appointed as of that date,'' [resulting in a 
double comma].
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     (f) Quorum.--A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may 
hold hearings.
    (g) Chairman and Vice Chairman.--The Commission shall 
select a Chairman and Vice Chairman from among its members.
    (h) Meetings.--The Commission shall meet at the call of the 
Chairman.

SEC. 712.\3\ DUTIES OF COMMISSION.

    (a) Study.--
          (1) In general.--The Commission shall carry out a 
        thorough study of the organization of the Federal 
        Government, including the elements of the intelligence 
        community, with respect to combatting the proliferation 
        of weapons of mass destruction.
          (2) Specific requirements.--In carrying out the 
        study, the Commission shall--
                  (A) assess the current structure and 
                organization of the departments and agencies of 
                the Federal Government having responsibilities 
                for combatting the proliferation of weapons of 
                mass destruction; and
                  (B) assess the effectiveness of United States 
                cooperation with foreign governments with 
                respect to nonproliferation activities, 
                including cooperation--
                          (i) between elements of the 
                        intelligence community and elements of 
                        the intelligence-gathering services of 
                        foreign governments;
                          (ii) between other departments and 
                        agencies of the Federal Government and 
                        the counterparts to such departments 
                        and agencies in foreign governments; 
                        and
                          (iii) between the Federal Government 
                        and international organizations.
          (3) Assessments.--In making the assessments under 
        paragraph (2), the Commission should address--
                  (A) the organization of the export control 
                activities (including licensing and enforcement 
                activities) of the Federal Government relating 
                to the proliferation of weapons of mass 
                destruction;
                  (B) arrangements for coordinating the funding 
                of United States nonproliferation activities;
                  (C) existing arrangements governing the flow 
                of information among departments and agencies 
                of the Federal Government responsible for 
                nonproliferation activities;
                  (D) the effectiveness of the organization and 
                function of interagency groups in ensuring 
                implementation of United States treaty 
                obligations, laws, and policies with respect to 
                nonproliferation;
                  (E) the administration of sanctions for 
                purposes of nonproliferation, including the 
                measures taken by departments and agencies of 
                the Federal Government to implement, assess, 
                and enhance the effectiveness of such 
                sanctions;
                  (F) the organization, management, and 
                oversight of United States counterproliferation 
                activities;
                  (G) the recruitment, training, morale, 
                expertise, retention, and advancement of 
                Federal Government personnel responsible for 
                the nonproliferation functions of the Federal 
                Government, including any problems in such 
                activities;
                  (H) the role in United States 
                nonproliferation activities of the National 
                Security Council, the Office of Management and 
                Budget, the Office of Science and Technology 
                Policy, and other offices in the Executive 
                Office of the President having responsibilities 
                for such activities;
                  (I) the organization of the activities of the 
                Federal Government to verify government-to-
                government assurances and commitments with 
                respect to nonproliferation, including 
                assurances regarding the future use of 
                commodities exported from the United States; 
                and
                  (J) the costs and benefits to the United 
                States of increased centralization and of 
                decreased centralization in the administration 
                of the nonproliferation activities of the 
                Federal Government.
          (4) \8\ Restrictions.--In carrying out the study 
        under paragraph (1), making the assessments under 
        paragraph (2), and addressing the matters identified in 
        paragraph (3), the Commission shall not review, 
        evaluate, or report on--
---------------------------------------------------------------------------
    \8\ Sec. 708(c) of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), added para. 
(4).
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                  (A) United States domestic response 
                capabilities with respect to weapons of mass 
                destruction; or
                  (B) the adequacy or usefulness of United 
                States laws that provide for the imposition of 
                sanctions on countries or entities that engage 
                in the proliferation of weapons of mass 
                destruction.
    (b) Recommendations.--In conducting the study, the 
Commission shall develop recommendations on means of improving 
the effectiveness of the organization of the departments and 
agencies of the Federal Government in meeting the national 
security interests of the United States with respect to the 
proliferation of weapons of mass destruction. Such 
recommendations shall include specific recommendations to 
eliminate duplications of effort, and other inefficiencies, in 
and among such departments and agencies.
    (c) Report.--(1) Not later than 18 months after January 18, 
1998,\9\ the Commission shall submit to Congress a report 
containing a detailed statement of the findings and conclusions 
of the Commission, together with its recommendations for such 
legislation and administrative actions as it considers 
appropriate.
---------------------------------------------------------------------------
    \9\ Sec. 708(a) of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out 
``the date of the enactment of this Act'' and inserted in lieu thereof 
``January 18, 1998''.
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    (2) The report shall be submitted in unclassified form, but 
may include a classified annex.

SEC. 713.\3\ POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and 
receive such evidence as the Commission considers advisable to 
carry out the purposes of this subtitle.
    (b) Information From Federal Agencies.--
          (1) In general.--The Commission may secure directly 
        from any Federal department or agency such information 
        as the Commission considers necessary to carry out the 
        provisions of this subtitle. Upon request of the 
        Chairman of the Commission, the head of such department 
        or agency shall furnish such information to the 
        Commission.
          (2) Classified information.--A department or agency 
        may furnish the Commission classified information under 
        this subsection. The Commission shall take appropriate 
        actions to safeguard classified information furnished 
        to the Commission under this paragraph.
    (c) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.

SEC. 714.\3\ COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission 
who is not an officer or employee of the Federal Government 
shall be compensated at a rate equal to the daily equivalent of 
the annual rate of basic pay prescribed for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code, for each day (including travel time) during which such 
member is engaged in the performance of the duties of the 
Commission. All members of the Commission who are officers or 
employees of the United States shall serve without compensation 
in addition to that received for their services as officers or 
employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of business 
in the performance of services for the Commission.
    (c) Staff.--
          (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and 
        regulations, appoint and terminate an executive 
        director and such other additional personnel as may be 
        necessary to enable the Commission to perform its 
        duties. The employment of an executive director shall 
        be subject to confirmation by the Commission.
          (2) Compensation.--The Chairman of the Commission may 
        fix the compensation of the executive director and 
        other personnel without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of title 5, 
        United States Code, relating to classification of 
        positions and General Schedule pay rates, except that 
        the rate of pay for the executive director and other 
        personnel may not exceed the rate payable for level V 
        of the Executive Schedule under section 5316 of such 
        title.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the 
daily equivalent of the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 of such 
title.

SEC. 715.\3\ TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after the date on 
which the Commission submits its report under section 712(c).

SEC. 716.\3\ DEFINITION.

    For purposes of this subtitle, the term ``intelligence 
community'' shall have the meaning given such term in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

SEC. 717.\3\ PAYMENT OF COMMISSION EXPENSES.

    The compensation, travel expenses, per diem allowances of 
members and employees of the Commission, and other expenses of 
the Commission shall not exceed $1,000,000, and shall be paid 
\10\ out of funds available to the Director of Central 
Intelligence for the payment of compensation, travel 
allowances, and per diem allowances, respectively, of employees 
of the Central Intelligence Agency.
---------------------------------------------------------------------------
    \10\ Sec. 708(d) of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1999 
(sec. 101(f) of Public Law 105-277; 112 Stat. 2681-391), struck out 
``the date of the enactment of this Act'' and inserted in lieu thereof 
``January 18, 1998''.struck out ``shall be paid'' and inserted in lieu 
thereof ``shall not exceed $1,000,000, and shall be paid''.
---------------------------------------------------------------------------

                       Subtitle B--Other Matters

SEC. 721.\11\ REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS 
                    OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL 
                    MUNITIONS.

    (a) Reports.--Not later than 6 months after the date of the 
enactment of this Act, and every 6 months thereafter, the 
Director of Central Intelligence shall submit to Congress a 
report on--
---------------------------------------------------------------------------
    \11\ 50 U.S.C. 2366.
---------------------------------------------------------------------------
          (1) the acquisition by foreign countries during the 
        preceding 6 months of dual-use and other technology 
        useful for the development or production of weapons of 
        mass destruction (including nuclear weapons, chemical 
        weapons, and biological weapons) and advanced 
        conventional munitions; and
          (2) trends in the acquisition of such technology by 
        such countries.
    (b) Form of Reports.--The reports submitted under 
subsection (a) shall be submitted in unclassified form, but may 
include a classified annex.
       h. Defense Against Weapons of Mass Destruction Act of 1996

Partial text of Public Law 104-201 [National Defense Authorization Act 
  for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422 at 2714, approved 
   September 23, 1996; amended by Public Law 105-261 [Strom Thurmond 
 National Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 
               112 Stat. 1920, approved October 17, 1998

 AN ACT To authorize appropriations for fiscal year 1997 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

         TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.

                    Subtitle A--Domestic Preparedness

Sec. 1411. Response to threats of terrorist use of weapons of mass 
          destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear, 
          radiological, chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in 
          emergency situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.

  Subtitle B--Interdiction of Weapons of Mass Destruction and Related 
                                Materials

Sec. 1421. Procurement of detection equipment United States border 
          security.
Sec. 1422. Extension of coverage of International Emergency Economic 
          Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.

 Subtitle C--Control and Disposition of Weapons of Mass Destruction and 
             Related Materials Threatening the United States

Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative 
          Threat Reduction programs on elimination or transportation of 
          nuclear weapons.
Sec. 1432. Elimination of plutonium production.

     Subtitle D--Coordination of Policy and Countermeasures Against 
              Proliferation of Weapons of Mass Destruction

Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.

                        Subtitle E--Miscellaneous

Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction 
          programs.
Sec. 1453. Sense of Congress concerning assistance to states of former 
          Soviet Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly 
          enriched uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and 
          transportation of fissile materials at risk of theft.

SEC. 1401.\1\ SHORT TITLE.

    This title may be cited as the ``Defense Against Weapons of 
Mass Destruction Act of 1996''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 2301 note.
---------------------------------------------------------------------------

SEC. 1402.\2\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 2301 note. See also section on Cooperative Threat 
Reduction programs, this volume.
---------------------------------------------------------------------------
          (1) Weapons of mass destruction and related materials 
        and technologies are increasingly available from 
        worldwide sources. Technical information relating to 
        such weapons is readily available on the Internet, and 
        raw materials for chemical, biological, and 
        radiological weapons are widely available for 
        legitimate commercial purposes.
          (2) The former Soviet Union produced and maintained a 
        vast array of nuclear, biological, and chemical weapons 
        of mass destruction.
          (3) Many of the states of the former Soviet Union 
        retain the facilities, materials, and technologies 
        capable of producing additional quantities of weapons 
        of mass destruction.
          (4) The disintegration of the former Soviet Union was 
        accompanied by disruptions of command and control 
        systems, deficiencies in accountability for weapons, 
        weapons-related materials and technologies, economic 
        hardships, and significant gaps in border control among 
        the states of the former Soviet Union. The problems of 
        organized crime and corruption in the states of the 
        former Soviet Union increase the potential for 
        proliferation of nuclear, radiological, biological, and 
        chemical weapons and related materials.
          (5) The conditions described in paragraph (4) have 
        substantially increased the ability of potentially 
        hostile nations, terrorist groups, and individuals to 
        acquire weapons of mass destruction and related 
        materials and technologies from within the states of 
        the former Soviet Union and from unemployed scientists 
        who worked on those programs.
          (6) As a result of such conditions, the capability of 
        potentially hostile nations and terrorist groups to 
        acquire nuclear, radiological, biological, and chemical 
        weapons is greater than at any time in history.
          (7) The President has identified North Korea, Iraq, 
        Iran, and Libya as hostile states which already possess 
        some weapons of mass destruction and are developing 
        others.
          (8) The acquisition or the development and use of 
        weapons of mass destruction is well within the 
        capability of many extremist and terrorist movements, 
        acting independently or as proxies for foreign states.
          (9) Foreign states can transfer weapons to or 
        otherwise aid extremist and terrorist movements 
        indirectly and with plausible deniability.
          (10) Terrorist groups have already conducted chemical 
        attacks against civilian targets in the United States 
        and Japan, and a radiological attack in Russia.
          (11) The potential for the national security of the 
        United States to be threatened by nuclear, 
        radiological, chemical, or biological terrorism must be 
        taken seriously.
          (12) There is a significant and growing threat of 
        attack by weapons of mass destruction on targets that 
        are not military targets in the usual sense of the 
        term.
          (13) Concomitantly, the threat posed to the citizens 
        of the United States by nuclear, radiological, 
        biological, and chemical weapons delivered by 
        unconventional means is significant and growing.
          (14) Mass terror may result from terrorist incidents 
        involving nuclear, radiological, biological, or 
        chemical materials.
          (15) Facilities required for production of 
        radiological, biological, and chemical weapons are much 
        smaller and harder to detect than nuclear weapons 
        facilities, and biological and chemical weapons can be 
        deployed by alternative delivery means other than long-
        range ballistic missiles.
          (16) Covert or unconventional means of delivery of 
        nuclear, radiological, biological, and chemical weapons 
        include cargo ships, passenger aircraft, commercial and 
        private vehicles and vessels, and commercial cargo 
        shipments routed through multiple destinations.
          (17) Traditional arms control efforts assume large 
        state efforts with detectable manufacturing programs 
        and weapons production programs, but are ineffective in 
        monitoring and controlling smaller, though potentially 
        more dangerous, unconventional proliferation efforts.
          (18) Conventional counterproliferation efforts would 
        do little to detect or prevent the rapid development of 
        a capability to suddenly manufacture several hundred 
        chemical or biological weapons with nothing but 
        commercial supplies and equipment.
          (19) The United States lacks adequate planning and 
        countermeasures to address the threat of nuclear, 
        radiological, biological, and chemical terrorism.
          (20) The Department of Energy has established a 
        Nuclear Emergency Response Team which is available in 
        case of nuclear or radiological emergencies, but no 
        comparable units exist to deal with emergencies 
        involving biological or chemical weapons or related 
        materials.
          (21) State and local emergency response personnel are 
        not adequately prepared or trained for incidents 
        involving nuclear, radiological, biological, or 
        chemical materials.
          (22) Exercises of the Federal, State, and local 
        response to nuclear, radiological, biological, or 
        chemical terrorism have revealed serious deficiencies 
        in preparedness and severe problems of coordination.
          (23) The development of, and allocation of 
        responsibilities for, effective countermeasures to 
        nuclear, radiological, biological, or chemical 
        terrorism in the United States requires well-
        coordinated participation of many Federal agencies, and 
        careful planning by the Federal Government and State 
        and local governments.
          (24) Training and exercises can significantly improve 
        the preparedness of State and local emergency response 
        personnel for emergencies involving nuclear, 
        radiological, biological, or chemical weapons or 
        related materials.
          (25) Sharing of the expertise and capabilities of the 
        Department of Defense, which traditionally has provided 
        assistance to Federal, State, and local officials in 
        neutralizing, dismantling, and disposing of explosive 
        ordnance, as well as radiological, biological, and 
        chemical materials, can be a vital contribution to the 
        development and deployment of countermeasures against 
        nuclear, biological, and chemical weapons of mass 
        destruction.
          (26) The United States lacks effective policy 
        coordination regarding the threat posed by the 
        proliferation of weapons of mass destruction.

SEC. 1403.\3\ DEFINITIONS.

    In this title:
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2302.
---------------------------------------------------------------------------
          (1) The term ``weapon of mass destruction'' means any 
        weapon or device that is intended, or has the 
        capability, to cause death or serious bodily injury to 
        a significant number of people through the release, 
        dissemination, or impact of--
                  (A) toxic or poisonous chemicals or their 
                precursors;
                  (B) a disease organism; or
                  (C) radiation or radioactivity.
          (2) The term ``independent states of the former 
        Soviet Union'' has the meaning given that term in 
        section 3 of the FREEDOM Support Act (22 U.S.C. 5801).
          (3) The term ``highly enriched uranium'' means 
        uranium enriched to 20 percent or more in the isotope 
        U-235.

                   Subtitle A--Domestic Preparedness

SEC. 1411.\4\ RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS 
                    DESTRUCTION.

    (a) Enhanced Response Capability.--In light of the 
potential for terrorist use of weapons of mass destruction 
against the United States, the President shall take immediate 
action--
---------------------------------------------------------------------------
    \4\ 50 U.S.C. 2311.
---------------------------------------------------------------------------
          (1) to enhance the capability of the Federal 
        Government to prevent and respond to terrorist 
        incidents involving weapons of mass destruction; and
          (2) to provide enhanced support to improve the 
        capabilities of State and local emergency response 
        agencies to prevent and respond to such incidents at 
        both the national and the local level.
    (b) Report Required.--Not later than January 31, 1997, the 
President shall transmit to Congress a report containing--
          (1) an assessment of the capabilities of the Federal 
        Government to prevent and respond to terrorist 
        incidents involving weapons of mass destruction and to 
        support State and local prevention and response 
        efforts;
          (2) requirements for improvements in those 
        capabilities; and
          (3) the measures that should be taken to achieve such 
        improvements, including additional resources and 
        legislative authorities that would be required.

SEC. 1412.\5\ EMERGENCY RESPONSE ASSISTANCE PROGRAM.

    (a) Program Required.--(1) The Secretary of Defense shall 
carry out a program to provide civilian personnel of Federal, 
State, and local agencies with training and expert advice 
regarding emergency responses to a use or threatened use of a 
weapon of mass destruction or related materials.
---------------------------------------------------------------------------
    \5\ 50 U.S.C. 2312.
---------------------------------------------------------------------------
    (2) The President may designate the head of an agency other 
than the Department of Defense to assume the responsibility for 
carrying out the program on or after October 1, 1999, and 
relieve the Secretary of Defense of that responsibility upon 
the assumption of the responsibility by the designated 
official.
    (3) In this section, the official responsible for carrying 
out the program is referred to as the ``lead official''.
    (b) Coordination.--In carrying out the program, the lead 
official shall coordinate with each of the following officials 
who is not serving as the lead official:
          (1) The Director of the Federal Emergency Management 
        Agency.
          (2) The Secretary of Energy.
          (3) The Secretary of Defense.
          (4) The heads of any other Federal, State, and local 
        government agencies that have an expertise or 
        responsibilities relevant to emergency responses 
        described in subsection (a)(1).
    (c) Eligible Participants.--The civilian personnel eligible 
to receive assistance under the program are civilian personnel 
of Federal, State, and local agencies who have emergency 
preparedness responsibilities.
    (d) Involvement of Other Federal Agencies.--(1) The lead 
official may use personnel and capabilities of Federal agencies 
outside the agency of the lead official to provide training and 
expert advice under the program.
    (2)(A) Personnel used under paragraph (1) shall be 
personnel who have special skills relevant to the particular 
assistance that the personnel are to provide.
    (B) Capabilities used under paragraph (1) shall be 
capabilities that are especially relevant to the particular 
assistance for which the capabilities are used.
    (3) If the lead official is not the Secretary of Defense, 
and requests assistance from the Department of Defense that, in 
the judgment of the Secretary of Defense would affect military 
readiness or adversely affect national security, the Secretary 
of Defense may appeal the request for Department of Defense 
assistance by the lead official to the President.
    (e) Available Assistance.--Assistance available under this 
program shall include the following:
          (1) Training in the use, operation, and maintenance 
        of equipment for--
                  (A) detecting a chemical or biological agent 
                or nuclear radiation;
                  (B) monitoring the presence of such an agent 
                or radiation;
                  (C) protecting emergency personnel and the 
                public; and
                  (D) decontamination.
          (2) Establishment of a designated telephonic link 
        (commonly referred to as a ``hot line'') to a 
        designated source of relevant data and expert advice 
        for the use of State or local officials responding to 
        emergencies involving a weapon of mass destruction or 
        related materials.
          (3) Use of the National Guard and other reserve 
        components for purposes authorized under this section 
        that are specified by the lead official (with the 
        concurrence of the Secretary of Defense if the 
        Secretary is not the lead official).
          (4) Loan of appropriate equipment.
    (f) Limitations on Department of Defense Assistance to Law 
Enforcement Agencies.--Assistance provided by the Department of 
Defense to law enforcement agencies under this section shall be 
provided under the authority of, and subject to the 
restrictions provided in, chapter 18 of title 10, United States 
Code.
    (g) Administration of Department of Defense Assistance.--
The Secretary of Defense shall designate an official within the 
Department of Defense to serve as the executive agent of the 
Secretary for the coordination of the provision of Department 
of Defense assistance under this section.
    (h) Funding.--(1) Of the total amount authorized to be 
appropriated under section 301, $35,000,000 is available for 
the program required under this section.
    (2) Of the amount available for the program pursuant to 
paragraph (1), $10,500,000 is available for use by the 
Secretary of Defense to assist the Secretary of Health and 
Human Services in the establishment of metropolitan emergency 
medical response teams (commonly referred to as ``Metropolitan 
Medical Strike Force Teams'') to provide medical services that 
are necessary or potentially necessary by reason of a use or 
threatened use of a weapon of mass destruction.
    (3) The amount available for the program under paragraph 
(1) is in addition to any other amounts authorized to be 
appropriated for the program under section 301.

SEC. 1413.\6\ NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.

    (a) Department of Defense.--The Secretary of Defense shall 
designate an official within the Department of Defense as the 
executive agent for--
---------------------------------------------------------------------------
    \6\ 50 U.S.C. 2313.
---------------------------------------------------------------------------
          (1) the coordination of Department of Defense 
        assistance to Federal, State, and local officials in 
        responding to threats involving biological or chemical 
        weapons or related materials or technologies, including 
        assistance in identifying, neutralizing, dismantling, 
        and disposing of biological and chemical weapons and 
        related materials and technologies; and
          (2) the coordination of Department of Defense 
        assistance to the Department of Energy in carrying out 
        that department's responsibilities under subsection 
        (b).
    (b) Department of Energy.--The Secretary of Energy shall 
designate an official within the Department of Energy as the 
executive agent for--
          (1) the coordination of Department of Energy 
        assistance to Federal, State, and local officials in 
        responding to threats involving nuclear, chemical, and 
        biological weapons or related materials or 
        technologies, including assistance in identifying, 
        neutralizing, dismantling, and disposing of nuclear 
        weapons and related materials and technologies; and
          (2) the coordination of Department of Energy 
        assistance to the Department of Defense in carrying out 
        that department's responsibilities under subsection 
        (a).
    (c) Funding.--Of the total amount authorized to be 
appropriated under section 301, $15,000,000 is available for 
providing assistance described in subsection (a).

SEC. 1414.\7\ CHEMICAL-BIOLOGICAL EMERGENCY RESPONSE TEAM.

    (a) Department of Defense Rapid Response Team.--The 
Secretary of Defense shall develop and maintain at least one 
domestic terrorism rapid response team composed of members of 
the Armed Forces and employees of the Department of Defense who 
are capable of aiding Federal, State, and local officials in 
the detection, neutralization, containment, dismantlement, and 
disposal of weapons of mass destruction containing chemical, 
biological, or related materials.
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 2314.
---------------------------------------------------------------------------
    (b) Addition to Federal Response Plan.--Not later than 
December 31, 1997, the Director of the Federal Emergency 
Management Agency shall develop and incorporate into existing 
Federal emergency response plans and programs prepared under 
section 611(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on the 
use and deployment of the rapid response teams established 
under this section to respond to emergencies involving weapons 
of mass destruction. The Director shall carry out this 
subsection in consultation with the Secretary of Defense and 
the heads of other Federal agencies involved with the emergency 
response plans.

SEC. 1415.\8\ TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING 
                    NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL 
                    WEAPONS.

    (a) Emergencies Involving Chemical or Biological Weapons.--
(1) The Secretary of Defense shall develop and carry out a 
program for testing and improving the responses of Federal, 
State, and local agencies to emergencies involving biological 
weapons and related materials and emergencies involving 
chemical weapons and related materials.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 2315.
---------------------------------------------------------------------------
    (2) The program shall include exercises to be carried out 
during each of five successive fiscal years beginning with 
fiscal year 1997.
    (3) In developing and carrying out the program, the 
Secretary shall coordinate with the Director of the Federal 
Bureau of Investigation, the Director of the Federal Emergency 
Management Agency, the Secretary of Energy, and the heads of 
any other Federal, State, and local government agencies that 
have an expertise or responsibilities relevant to emergencies 
described in paragraph (1).
    (b) Emergencies Involving Nuclear and Radiological 
Weapons.--(1) The Secretary of Energy shall develop and carry 
out a program for testing and improving the responses of 
Federal, State, and local agencies to emergencies involving 
nuclear and radiological weapons and related materials.
    (2) The program shall include exercises to be carried out 
during each of five successive fiscal years beginning with 
fiscal year 1997.
    (3) In developing and carrying out the program, the 
Secretary shall coordinate with the Director of the Federal 
Bureau of Investigation, the Director of the Federal Emergency 
Management Agency, the Secretary of Defense, and the heads of 
any other Federal, State, and local government agencies that 
have an expertise or responsibilities relevant to emergencies 
described in paragraph (1).
    (c) Annual Revisions of Programs.--The official responsible 
for carrying out a program developed under subsection (a) or 
(b) shall revise the program not later than June 1 in each 
fiscal year covered by the program. The revisions shall include 
adjustments that the official determines necessary or 
appropriate on the basis of the lessons learned from the 
exercise or exercises carried out under the program in the 
fiscal year, including lessons learned regarding coordination 
problems and equipment deficiencies.
    (d) Option To Transfer Responsibility.--(1) The President 
may designate the head of an agency outside the Department of 
Defense to assume the responsibility for carrying out the 
program developed under subsection (a) beginning on or after 
October 1, 1999, and relieve the Secretary of Defense of that 
responsibility upon the assumption of the responsibility by the 
designated official.
    (2) The President may designate the head of an agency 
outside the Department of Energy to assume the responsibility 
for carrying out the program developed under subsection (b) 
beginning on or after October 1, 1999, and relieve the 
Secretary of Energy of that responsibility upon the assumption 
of the responsibility by the designated official.
    (e) Funding.--Of the total amount authorized to be 
appropriated under section 301, $15,000,000 is available for 
the development and execution of the programs required by this 
section, including the participation of State and local 
agencies in exercises carried out under the programs.

SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN 
                    EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR 
                    CHEMICAL WEAPONS.

    (a) Assistance Authorized.--(1) Chapter 18 of title 10, 
United States Code, is amended by adding at the end the 
following new section: * * * \9\
---------------------------------------------------------------------------
    \9\ Sec. 1416 added a new sec. 382 to 18 U.S.C., relating to 
[domestic] emergency situations involving chemical or biological 
weapons of mass destruction. For text, see Legislation on Foreign 
Relations Through 2001, vol. I-B.
---------------------------------------------------------------------------
    (b) Conforming Amendment to Condition for Providing 
Equipment and Facilities.--Section 372(b)(1) of title 10, 
United States Code, is amended by adding at the end the 
following new sentence: * * * \10\
---------------------------------------------------------------------------
    \10\ For text, see Legislation on Foreign Relations Through 2001, 
vol. I-B.
---------------------------------------------------------------------------
    (c) Conforming Amendments Relating to Authority To Request 
Assistance.--(1)(A) Chapter 10 of title 18, United States Code, 
is amended by inserting after section 175 the following new 
section: * * * \11\
---------------------------------------------------------------------------
    \11\ Subsec. (c)(1)(A) added a new sec. 175a to 10 U.S.C., relating 
to requests for military assistance to enforce prohibition in certain 
[domestic] emergencies involving a biological weapon of mass 
destruction.
---------------------------------------------------------------------------
    (2)(A) The chapter 133B of title 18, United States Code, 
that relates to terrorism is amended by inserting after section 
2332c the following new section: * * * \12\
---------------------------------------------------------------------------
    \12\ Subsec. (c)(2)(A) added a new sec. 2332d to 18 U.S.C. relating 
to requests for military assistance to enforce prohibition in certain 
[domestic] emergencies involving a chemical weapon of mass destruction.
---------------------------------------------------------------------------
    (d) \13\ Civilian Expertise.--The President shall take 
reasonable measures to reduce the reliance of civilian law 
enforcement officials on Department of Defense resources to 
counter the threat posed by the use or potential use of 
biological and chemical weapons of mass destruction within the 
United States. The measures shall include--
---------------------------------------------------------------------------
    \13\ 50 U.S.C. 2316.
---------------------------------------------------------------------------
          (1) actions to increase civilian law enforcement 
        expertise to counter such a threat; and
          (2) actions to improve coordination between civilian 
        law enforcement officials and other civilian sources of 
        expertise, within and outside the Federal Government, 
        to counter such a threat.
    (e) \13\ Reports.--The President shall submit to Congress 
the following reports:
          (1) Not later than 90 days after the date of the 
        enactment of this Act, a report describing the 
        respective policy functions and operational roles of 
        Federal agencies in countering the threat posed by the 
        use or potential use of biological and chemical weapons 
        of mass destruction within the United States.
          (2) Not later than one year after such date, a report 
        describing--
                  (A) the actions planned to be taken to carry 
                out subsection (d); and
                  (B) the costs of such actions.
          (3) Not later than three years after such date, a 
        report updating the information provided in the reports 
        submitted pursuant to paragraphs (1) and (2), including 
        the measures taken pursuant to subsection (d).

SEC. 1417.\14\ RAPID RESPONSE INFORMATION SYSTEM.

    (a) Inventory of Rapid Response Assets.--(1) The head of 
each Federal Response Plan agency shall develop and maintain an 
inventory of physical equipment and assets under the 
jurisdiction of that agency that could be made available to aid 
State and local officials in search and rescue and other 
disaster management and mitigation efforts associated with an 
emergency involving weapons of mass destruction. The agency 
head shall submit a copy of the inventory, and any updates of 
the inventory, to the Director of the Federal Emergency 
Management Agency for inclusion in the master inventory 
required under subsection (b).
---------------------------------------------------------------------------
    \14\ 50 U.S.C. 2317.
---------------------------------------------------------------------------
    (2) Each inventory shall include a separate listing of any 
equipment that is excess to the needs of that agency and could 
be considered for disposal as excess or surplus property for 
use for response and training with regard to emergencies 
involving weapons of mass destruction.
    (b) Master Inventory.--The Director of the Federal 
Emergency Management Agency shall compile and maintain a 
comprehensive listing of all inventories prepared under 
subsection (a). The first such master list shall be completed 
not later than December 31, 1997, and shall be updated annually 
thereafter.
    (c) Addition to Federal Response Plan.--Not later than 
December 31, 1997, the Director of the Federal Emergency 
Management Agency shall develop and incorporate into existing 
Federal emergency response plans and programs prepared under 
section 611(b) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on 
accessing and using the physical equipment and assets included 
in the master list developed under subsection to respond to 
emergencies involving weapons of mass destruction.
    (d) Database on Chemical and Biological Materials.--The 
Director of the Federal Emergency Management Agency, in 
consultation with the Secretary of Defense, shall prepare a 
database on chemical and biological agents and munitions 
characteristics and safety precautions for civilian use. The 
initial design and compilation of the database shall be 
completed not later than December 31, 1997.
    (e) Access to Inventory and Database.--The Director of the 
Federal Emergency Management Agency shall design and maintain a 
system to give Federal, State, and local officials access to 
the inventory listing and database maintained under this 
section in the event of an emergency involving weapons of mass 
destruction or to prepare and train to respond to such an 
emergency. The system shall include a secure but accessible 
emergency response hotline to access information and request 
assistance.

  Subtitle B--Interdiction of Weapons of Mass Destruction and Related 
                               Materials

SEC. 1421.\15\ PROCUREMENT OF DETECTION EQUIPMENT UNITED STATES BORDER 
                    SECURITY.

    Of the amount authorized to be appropriated by section 301, 
$15,000,000 is available for the procurement of--
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    \15\ 50 U.S.C. 2331.
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          (1) equipment capable of detecting the movement of 
        weapons of mass destruction and related materials into 
        the United States;
          (2) equipment capable of interdicting the movement of 
        weapons of mass destruction and related materials into 
        the United States; and
          (3) materials and technologies related to use of 
        equipment described in paragraph (1) or (2).

SEC. 1422.\16\ EXTENSION OF COVERAGE OF INTERNATIONAL EMERGENCY 
                    ECONOMIC POWERS ACT.

    Section 206 of the International Emergency Economic Powers 
Act (50 U.S.C. 1705) is amended--
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    \16\ For text of the International Emergency Economic Powers Act, 
see Legislation on Foreign Relations Through 2000, vol. III.
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          (1) in subsection (a), by inserting ``, or attempts 
        to violate,'' after ``violates''; and
          (2) in subsection (b), by inserting ``, or willfully 
        attempts to violate,'' after ``violates''.

SEC. 1423.\17\ SENSE OF CONGRESS CONCERNING CRIMINAL PENALTIES.

    (a) Sense of Congress Concerning Inadequacy of Sentencing 
Guidelines.--It is the sense of Congress that the sentencing 
guidelines prescribed by the United States Sentencing 
Commission for the offenses of importation, attempted 
importation, exportation, and attempted exportation of nuclear, 
biological, and chemical weapons materials constitute 
inadequate punishment for such offenses.
---------------------------------------------------------------------------
    \17\ 50 U.S.C. 2332.
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    (b) \18\ Urging of Revison to Guidelines.--Congress urges 
the United States Sentencing Commission to revise the relevant 
sentencing guidelines to provide for increased penalties for 
offenses relating to importation, attempted importation, 
exportation, and attempted exportation of nuclear, biological, 
or chemical weapons or related materials or technologies under 
the following provisions of law:
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    \18\ Subsec. catchline shown as enrolled. Should read ``Urging of 
Revision to Guidelines''.
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          (1) Section 11 of the Export Administration Act of 
        1979 (50 U.S.C. App. 2410).
          (2) Sections 38 and 40 of the Arms Export Control Act 
        (22 U.S.C. 2778 and 2780).
          (3) The International Emergency Economic Powers Act 
        (50 U.S.C. 1701 et seq.).
          (4) Section 309(c) of the Nuclear Non-Proliferation 
        Act of 1978 (42 U.S.C. 2139a(c)).\19\
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    \19\ Sec. 1069(c)(1) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
2136) struck out ``(22 U.S.C. 2156a(c))'' and inserted in lieu thereof 
``(42 U.S.C. 2139a(c)).''.
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SEC. 1424.\20\ INTERNATIONAL BORDER SECURITY.

    (a) Secretary of Defense Responsibility.--The Secretary of 
Defense, in consultation and cooperation with the Commissioner 
of Customs, shall carry out programs for assisting customs 
officials and border guard officials in the independent states 
of the former Soviet Union, the Baltic states, and other 
countries of Eastern Europe in preventing unauthorized transfer 
and transportation of nuclear, biological, and chemical weapons 
and related materials. Training, expert advice, maintenance of 
equipment, loan of equipment, and audits may be provided under 
or in connection with the programs.
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    \20\ 50 U.S.C. 2333.
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    (b) Funding.--Of the total amount authorized to be 
appropriated by section 301, $15,000,000 is available for 
carrying out the programs referred to in subsection (a).
    (c) Assistance to States of the Former Soviet Union.--
Assistance under programs referred to in subsection (a) may 
(notwithstanding any provision of law prohibiting the extension 
of foreign assistance to any of the newly independent states of 
the former Soviet Union) be extended to include an independent 
state of the former Soviet Union if the President certifies to 
Congress that it is in the national interest of the United 
States to extend assistance under this section to that state.

Subtitle C--Control and Disposition of Weapons of Mass Destruction and 
            Related Materials Threatening the United States

SEC. 1431. COVERAGE OF WEAPONS-USABLE FISSILE MATERIALS IN COOPERATIVE 
                    THREAT REDUCTION PROGRAMS ON ELIMINATION OR 
                    TRANSPORTATION OF NUCLEAR WEAPONS.

    Section 1201(b)(1) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469; 22 
U.S.C. 5955 note) is amended by inserting ``, fissile material 
suitable for use in nuclear weapons,'' after ``other weapons''.

SEC. 1432.\21\ ELIMINATION OF PLUTONIUM PRODUCTION.

    (a) Replacement Program.--The Secretary of Energy, in 
consultation with the Secretary of Defense, shall develop a 
cooperative program with the Government of Russia to eliminate 
the production of weapons grade plutonium by modifying or 
replacing the reactor cores at Tomsk-7 and Krasnoyarsk-26 with 
reactor cores that are less suitable for the production of 
weapons-grade plutonium.
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    \21\ 50 U.S.C. 2341.
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    (b) Program Requirements.--(1) The program shall be 
designed to achieve completion of the modifications or 
replacements of the reactor cores within three years after the 
modification or replacement activities under the program are 
begun.
    (2) The plan for the program shall--
          (A) specify--
                  (i) successive steps for the modification or 
                replacement of the reactor cores; and
                  (ii) clearly defined milestones to be 
                achieved; and
          (B) include estimates of the costs of the program.
    (c) Submission of Program Plan to Congress.--Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to Congress--
          (1) a plan for the program under subsection (a);
          (2) an estimate of the United States funding that is 
        necessary for carrying out the activities under the 
        program for each fiscal year covered by the program; 
        and
          (3) a comparison of the benefits of the program with 
        the benefits of other nonproliferation programs.

    Subtitle D--Coordination of Policy and Countermeasures Against 
              Proliferation of Weapons of Mass Destruction

SEC. 1441.\22\ NATIONAL COORDINATOR ON NONPROLIFERATION.

    (a) Designation of Position.--The President shall designate 
an individual to serve in the Executive Office of the President 
as the National Coordinator for Nonproliferation Matters.
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    \22\ 50 U.S.C. 2351.
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    (b) Duties.--The Coordinator, under the direction of the 
National Security Council, shall advise and assist the 
President by--
          (1) advising the President on nonproliferation of 
        weapons of mass destruction, including issues related 
        to terrorism, arms control, and international organized 
        crime;
          (2) chairing the Committee on Nonproliferation of the 
        National Security Council; \23\ and
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    \23\ Sec. 1069(c)(2) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
2136) struck out ``established under section 1342'' and inserted in 
lieu thereof ``of the National Security Council''.
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          (3) taking such actions as are necessary to ensure 
        that there is appropriate emphasis in, cooperation on, 
        and coordination of, nonproliferation research efforts 
        of the United States, including activities of Federal 
        agencies as well as activities of contractors funded by 
        the Federal Government.
    (c) Allocation of Funds.--Of the total amount authorized to 
be appropriated under section 301, $2,000,000 is available to 
the Department of Defense for carrying out research referred to 
in subsection (b)(3).

SEC. 1442.\24\ NATIONAL SECURITY COUNCIL COMMITTEE ON NONPROLIFERATION.

    (a) Establishment.--The Committee on Nonproliferation (in 
this section referred to as the ``Committee'') is established 
as a committee of the National Security Council.
---------------------------------------------------------------------------
    \24\ 50 U.S.C. 2352.
---------------------------------------------------------------------------
    (b) Membership.--(1) The Committee shall be composed of 
representatives of the following:
          (A) The Secretary of State.
          (B) The Secretary of Defense.
          (C) The Director of Central Intelligence.
          (D) The Attorney General.
          (E) The Secretary of Energy.
          (F) The Administrator of the Federal Emergency 
        Management Agency.
          (G) The Secretary of the Treasury.
          (H) The Secretary of Commerce.
          (I) Such other members as the President may 
        designate.
    (2) The National Coordinator for Nonproliferation Matters 
shall chair the Committee on Nonproliferation.
    (c) Responsibilities.--The Committee has the following 
responsibilities:
          (1) To review and coordinate Federal programs, 
        policies, and directives relating to the proliferation 
        of weapons of mass destruction and related materials 
        and technologies, including matters relating to 
        terrorism and international organized crime.
          (2) To make recommendations through the National 
        Security Council to the President regarding the 
        following:
                  (A) Integrated national policies for 
                countering the threats posed by weapons of mass 
                destruction.
                  (B) Options for integrating Federal agency 
                budgets for countering such threats.
                  (C) Means to ensure that Federal, State, and 
                local governments have adequate capabilities to 
                manage crises involving nuclear, radiological, 
                biological, or chemical weapons or related 
                materials or technologies, and to manage the 
                consequences of a use of such weapon or related 
                materials or technologies, and that use of 
                those capabilities is coordinated.
                  (D) Means to ensure appropriate cooperation 
                on, and coordination of, the following:
                          (i) Preventing the smuggling of 
                        weapons of mass destruction and related 
                        materials and technologies.
                          (ii) Promoting domestic and 
                        international law enforcement efforts 
                        against proliferation-related efforts.
                          (iii) Countering the involvement of 
                        organized crime groups in 
                        proliferation-related activities.
                          (iv) Safeguarding weapons of mass 
                        destruction materials and related 
                        technologies.
                          (v) Improving coordination and 
                        cooperation among intelligence 
                        activities, law enforcement, and the 
                        Departments of Defense, State, 
                        Commerce, and Energy in support of 
                        nonproliferation and 
                        counterproliferation efforts.
                          (vi) Improving export controls over 
                        materials and technologies that can 
                        contribute to the acquisition of 
                        weapons of mass destruction.
                          (vii) Reducing proliferation of 
                        weapons of mass destruction and related 
                        materials and technologies.

SEC. 1443.\25\ COMPREHENSIVE PREPAREDNESS PROGRAM.

    (a) Program Required.--The President, acting through the 
Committee on Nonproliferation established under section 1442, 
shall develop a comprehensive program for carrying out this 
title.
---------------------------------------------------------------------------
    \25\ 50 U.S.C. 2353.
---------------------------------------------------------------------------
    (b) Content of Program.--The program set forth in the 
report shall include specific plans as follows:
          (1) Plans for countering proliferation of weapons of 
        mass destruction and related materials and 
        technologies.
          (2) Plans for training and equipping Federal, State, 
        and local officials for managing a crisis involving a 
        use or threatened use of a weapon of mass destruction, 
        including the consequences of the use of such a weapon.
          (3) Plans for providing for regular sharing of 
        information among intelligence, law enforcement, and 
        customs agencies.
          (4) Plans for training and equipping law enforcement 
        units, customs services, and border security personnel 
        to counter the smuggling of weapons of mass destruction 
        and related materials and technologies.
          (5) Plans for establishing appropriate centers for 
        analyzing seized nuclear, radiological, biological, and 
        chemical weapons, and related materials and 
        technologies.
          (6) Plans for establishing in the United States 
        appropriate legal controls and authorities relating to 
        the exporting of nuclear, radiological, biological, and 
        chemical weapons, and related materials and 
        technologies.
          (7) Plans for encouraging and assisting governments 
        of foreign countries to implement and enforce laws that 
        set forth appropriate penalties for offenses regarding 
        the smuggling of weapons of mass destruction and 
        related materials and technologies.
          (8) Plans for building the confidence of the United 
        States and Russia in each other's controls over United 
        States and Russian nuclear weapons and fissile 
        materials, including plans for verifying the 
        dismantlement of nuclear weapons.
          (9) Plans for reducing United States and Russian 
        stockpiles of excess plutonium, reflecting--
                  (A) consideration of the desirability and 
                feasibility of a United States-Russian 
                agreement governing fissile material 
                disposition and the specific technologies and 
                approaches to be used for disposition of excess 
                plutonium; and
                  (B) an assessment of the options for United 
                States cooperation with Russia in the 
                disposition of Russian plutonium.
          (10) Plans for studying the merits and costs of 
        establishing a global network of means for detecting 
        and responding to terroristic or other criminal use of 
        biological agents against people or other forms of life 
        in the United States or any foreign country.
    (c) Report.--(1) At the same time that the President 
submits the budget for fiscal year 1998 to Congress pursuant to 
section 1105(a) of title 31, United States Code, the President 
shall submit to Congress a report that sets forth the 
comprehensive program developed under subsection (a).
    (2) The report shall include the following:
          (A) The specific plans for the program that are 
        required under subsection (b).
          (B) Estimates of the funds necessary, by agency or 
        department, for carrying out such plans in fiscal year 
        1998 and the following five fiscal years.
    (3) The report shall be in an unclassified form. If there 
is a classified version of the report, the President shall 
submit the classified version at the same time.

SEC. 1444.\26\ TERMINATION.

    After September 30, 1999, the President--
---------------------------------------------------------------------------
    \26\ 50 U.S.C. 2354.
---------------------------------------------------------------------------
          (1) is not required to maintain a National 
        Coordinator for Nonproliferation Matters under section 
        1441; \27\ and
---------------------------------------------------------------------------
    \27\ Sec. 1069(c)(3) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
2136) struck out ``1341'' and ``1342'' and inserted in lieu thereof, 
respectively, ``1441'' and ``1442''.
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          (2) may terminate the Committee on Nonproliferation 
        established under section 1442.\27\

                       Subtitle E--Miscellaneous

SEC. 1451.\28\ SENSE OF CONGRESS CONCERNING CONTRACTING POLICY.

    It is the sense of Congress that the Secretary of Defense, 
the Secretary of Energy, the Secretary of the Treasury, and the 
Secretary of State, to the extent authorized by law, should--
---------------------------------------------------------------------------
    \28\ 50 U.S.C. 2361.
---------------------------------------------------------------------------
          (1) contract directly with suppliers in independent 
        states of the former Soviet Union when such action 
        would--
                  (A) result in significant savings of the 
                programs referred to in subtitle C; and
                  (B) substantially expedite completion of the 
                programs referred to in subtitle C; and
          (2) seek means to use innovative contracting 
        approaches to avoid delay and increase the 
        effectiveness of such programs and of the exercise of 
        such authorities.

SEC. 1452.\29\ TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT 
                    REDUCTION PROGRAMS.

    Congress finds that--
---------------------------------------------------------------------------
    \29\ 50 U.S.C. 2362.
---------------------------------------------------------------------------
          (1) the various Cooperative Threat Reduction programs 
        are being carried out at different rates in the various 
        countries covered by such programs; and
          (2) it is necessary to authorize transfers of funding 
        allocations among the various programs in order to 
        maximize the effectiveness of United States efforts 
        under such programs.

SEC. 1453.\30\ SENSE OF CONGRESS CONCERNING ASSISTANCE TO STATES OF 
                    FORMER SOVIET UNION.

    It is the sense of Congress that--
---------------------------------------------------------------------------
    \30\ 50 U.S.C. 2363.
---------------------------------------------------------------------------
          (1) the Cooperative Threat Reduction programs and 
        other United States programs authorized in title XIV of 
        the National Defense Authorization Act for Fiscal Years 
        1993 (Public Law 102-484; 22 U.S.C. 5901 et seq.) \31\ 
        should be expanded by offering assistance under those 
        programs to other independent states of the former 
        Soviet Union in addition to Russia, Ukraine, Kazakstan, 
        and Belarus; and
---------------------------------------------------------------------------
    \31\ Sec. 1069(c)(4) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 
2136) struck out ``the National Defense Authorization Act for Fiscal 
Years 1993 and 1994'' and inserted in lieu thereof ``title XIV of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 22 U.S.C. 5901 et seq.)''.
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          (2) the President should offer assistance to 
        additional independent states of the former Soviet 
        Union in each case in which the participation of such 
        states would benefit national security interests of the 
        United States by improving border controls and 
        safeguards over materials and technology associated 
        with weapons of mass destruction.

SEC. 1454.\32\ PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM RUSSIAN 
                    HIGHLY ENRICHED URANIUM.

    (a) Sense of Congress.--It is the sense of Congress that 
the allies of the United States and other nations should 
participate in efforts to ensure that stockpiles of weapons-
grade nuclear material are reduced.
---------------------------------------------------------------------------
    \32\ 50 U.S.C. 2364.
---------------------------------------------------------------------------
    (b) Actions by the Secretary of State.--Congress urges the 
Secretary of State to encourage, in consultation with the 
Secretary of Energy, other countries to purchase low-enriched 
uranium that is derived from highly enriched uranium extracted 
from Russian nuclear weapons.

SEC. 1455.\33\ SENSE OF CONGRESS CONCERNING PURCHASE, PACKAGING, AND 
                    TRANSPORTATION OF FISSILE MATERIALS AT RISK OF 
                    THEFT.

    It is the sense of Congress that--
---------------------------------------------------------------------------
    \33\ 50 U.S.C. 2365.
---------------------------------------------------------------------------
          (1) the Secretary of Defense, the Secretary of 
        Energy, the Secretary of the Treasury, and the 
        Secretary of State should purchase, package, and 
        transport to secure locations weapons-grade nuclear 
        materials from a stockpile of such materials if such 
        officials determine that--
                  (A) there is a significant risk of theft of 
                such materials; and
                  (B) there is no reasonable and economically 
                feasible alternative for securing such 
                materials; and
          (2) if it is necessary to do so in order to secure 
        the materials, the materials should be imported into 
        the United States, subject to the laws and regulations 
        that are applicable to the importation of such 
        materials into the United States.
            i. Nuclear Proliferation Prevention Act of 1994

  Partial text of Public Law 103-236 [Foreign Relations Authorization 
  Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 507, 
approved April 30, 1994; amended by Public Law 104-164 [H.R. 3121], 110 
                   Stat. 1421, approved July 21, 1996

          TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT \1\

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Nuclear Proliferation 
Prevention Act of 1994''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3201 note.
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                PART A--REPORTING ON NUCLEAR EXPORTS \2\

          * * * * * * *
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    \2\ Part A amends the Nuclear Non-Proliferation Act of 1978.
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            PART B--SANCTIONS FOR NUCLEAR PROLIFERATION \3\

SEC. 821. IMPOSITION OF PROCUREMENT SANCTION ON PERSONS ENGAGING IN 
                    EXPORT ACTIVITIES THAT CONTRIBUTE TO PROLIFERATION.

    (a) Determination by the President.--
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    \3\ Sec. 831 of this Act provided:
    ``sec. 831. effective date.
    ``The provisions of this part, and the amendments made by this 
part, shall take effect 60 days after the date of the enactment of this 
Act.''.
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          (1) In general.--Except as provided in subsection 
        (b)(2), the President shall impose the sanction 
        described in subsection (c) if the President determines 
        in writing that, on or after the effective date of this 
        part, a foreign person or a United States person has 
        materially and with requisite knowledge contributed, 
        through the export from the United States or any other 
        country of any goods or technology (as defined in 
        section 830(2)), to the efforts by any individual, 
        group, or non-nuclear-weapon state to acquire 
        unsafeguarded special nuclear material or to use, 
        develop, produce, stockpile, or otherwise acquire any 
        nuclear explosive device.
          (2) Persons against which the sanction is to be 
        imposed.--The sanction shall be imposed pursuant to 
        paragraph (1) on--
                  (A) the foreign person or United States 
                person with respect to which the President 
                makes the determination described in that 
                paragraph;
                  (B) any successor entity to that foreign 
                person or United States person;
                  (C) any foreign person or United States 
                person that is a parent or subsidiary of that 
                person if that parent or subsidiary materially 
                and with requisite knowledge assisted in the 
                activities which were the basis of that 
                determination; and
                  (D) any foreign person or United States 
                person that is an affiliate of that person if 
                that affiliate materially and with requisite 
                knowledge assisted in the activities which were 
                the basis of that determination and if that 
                affiliate is controlled in fact by that person.
          (3) Other sanctions available.--The sanction which is 
        required to be imposed for activities described in this 
        subsection is in addition to any other sanction which 
        may be imposed for the same activities under any other 
        provision of law.
          (4) Definition.--For purposes of this subsection, the 
        term ``requisite knowledge'' means situations in which 
        a person ``knows'', as ``knowing'' is defined in 
        section 104 of the Foreign Corrupt Practices Act of 
        1977 (15 U.S.C. 78dd-2).
    (b) Consultation With and Actions by Foreign Government of 
Jurisdiction.--
          (1) Consultations.--If the President makes a 
        determination described in subsection (a)(1) with 
        respect to a foreign person, the Congress urges the 
        President to initiate consultations immediately with 
        the government with primary jurisdiction over that 
        foreign person with respect to the imposition of the 
        sanction pursuant to this section.
          (2) Actions by government of jurisdiction.--In order 
        to pursue such consultations with that government, the 
        President may delay imposition of the sanction pursuant 
        to this section for up to 90 days. Following these 
        consultations, the President shall impose the sanction 
        unless the President determines and certifies in 
        writing to the Congress that that government has taken 
        specific and effective actions, including appropriate 
        penalties, to terminate the involvement of the foreign 
        person in the activities described in subsection 
        (a)(1). The President may delay the imposition of the 
        sanction for up to an additional 90 days if the 
        President determines and certifies in writing to the 
        Congress that that government is in the process of 
        taking the actions described in the preceding sentence.
          (3) Report to congress.--Not later than 90 days after 
        making a determination under subsection (a)(1), the 
        President shall submit to the Committee on Foreign 
        Relations and the Committee on Governmental Affairs of 
        the Senate and the Committee on Foreign Affairs \4\ of 
        the House of Representatives a report on the status of 
        consultations with the appropriate government under 
        this subsection, and the basis for any determination 
        under paragraph (2) of this subsection that such 
        government has taken specific corrective actions.
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    \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) Sanction.--
          (1) Description of sanction.--The sanction to be 
        imposed pursuant to subsection (a)(1) is, except as 
        provided in paragraph (2) of this subsection, that the 
        United States Government shall not procure, or enter 
        into any contract for the procurement of, any goods or 
        services from any person described in subsection 
        (a)(2).
          (2) Exceptions.--The President shall not be required 
        to apply or maintain the sanction under this section--
                  (A) in the case of procurement of defense 
                articles or defense services--
                          (i) under existing contracts or 
                        subcontracts, including the exercise of 
                        options for production quantities to 
                        satisfy requirements essential to the 
                        national security of the United States;
                          (ii) if the President determines in 
                        writing that the person or other entity 
                        to which the sanction would otherwise 
                        be applied is a sole source supplier of 
                        the defense articles or services, that 
                        the defense articles or services are 
                        essential, and that alternative sources 
                        are not readily or reasonably 
                        available; or
                          (iii) if the President determines in 
                        writing that such articles or services 
                        are essential to the national security 
                        under defense coproduction agreements;
                  (B) to products or services provided under 
                contracts entered into before the date on which 
                the President publishes his intention to impose 
                the sanction;
                  (C) to--
                          (i) spare parts which are essential 
                        to United States products or 
                        production;
                          (ii) component parts, but not 
                        finished products, essential to United 
                        States products or production; or
                          (iii) routine servicing and 
                        maintenance of products, to the extent 
                        that alternative sources are not 
                        readily or reasonably available;
                  (D) to information and technology essential 
                to United States products or production; or
                  (E) to medical or other humanitarian items.
    (d) \5\ Advisory Opinions.--Upon the request of any person, 
the Secretary of State may, in consultation with the Secretary 
of Defense, issue in writing an advisory opinion to that person 
as to whether a proposed activity by that person would subject 
that person to the sanction under this section. Any person who 
relies in good faith on such an advisory opinion which states 
that the proposed activity would not subject a person to such 
sanction, and any person who thereafter engages in such 
activity, may not be made subject to such sanction on account 
of such activity.
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    \5\ The Secretary of State delegated functions authorized under 
this subsection to the Under Secretary for International Security 
Affairs (Department of State Public Notice 2086; sec. 2 of Delegation 
of Authority No. 214; 59 F.R. 50790).
---------------------------------------------------------------------------
    (e) Termination of the Sanction.--The sanction imposed 
pursuant to this section shall apply for a period of at least 
12 months following the imposition of the sanction and shall 
cease to apply thereafter only if the President determines and 
certifies in writing to the Congress that--
          (1) reliable information indicates that the foreign 
        person or United States person with respect to which 
        the determination was made under subsection (a)(1) has 
        ceased to aid or abet any individual, group, or non-
        nuclear-weapon state in its efforts to acquire 
        unsafeguarded special nuclear material or any nuclear 
        explosive device, as described in that subsection; and
          (2) the President has received reliable assurances 
        from the foreign person or United States person, as the 
        case may be, that such person will not, in the future, 
        aid or abet any individual, group, or non-nuclear-
        weapon state in its efforts to acquire unsafeguarded 
        special nuclear material or any nuclear explosive 
        device, as described in subsection (a)(1).
    (f) Waiver.--
          (1) Criterion for waiver.--The President may waive 
        the application of the sanction imposed on any person 
        pursuant to this section, after the end of the 12-month 
        period beginning on the date on which that sanction was 
        imposed on that person, if the President determines and 
        certifies in writing to the Congress that the continued 
        imposition of the sanction would have a serious adverse 
        effect on vital United States interests.
          (2) Notification of and report to congress.--If the 
        President decides to exercise the waiver authority 
        provided in paragraph (1), the President shall so 
        notify the Congress not less than 20 days before the 
        waiver takes effect. Such notification shall include a 
        report fully articulating the rationale and 
        circumstances which led the President to exercise the 
        waiver authority.

SEC. 822. ELIGIBILITY FOR ASSISTANCE.

    (a) \6\ Amendments to the Arms Export Control Act.--* * *
---------------------------------------------------------------------------
    \6\ Subsec. (a) amended secs. 3 and 40 of the Arms Export Control 
Act (22 U.S.C. 2753, 2780).
---------------------------------------------------------------------------
    (b) Foreign Assistance Act of 1961.--
          (1) Presidential determination 82-7.--Notwithstanding 
        any other provision of law, Presidential Determination 
        No. 82-7 of February 10, 1982,\7\ made pursuant to 
        section 670(a)(2) of the Foreign Assistance Act of 
        1961, shall have no force or effect with respect to any 
        grounds for the prohibition of assistance under section 
        102(a)(1) of the Arms Export Control Act arising on or 
        after the effective date of this part.
---------------------------------------------------------------------------
    \7\ Presidential Determination No. 82-7 of February 10, 1982 (47 
F.R. 9805), issued as a memorandum for the Secretary of State, read as 
follows:
    ``By the authority vested in me as President by the Constitution 
and statutes of the United States of America, including sections 620E 
and 670(a)(2) of the Foreign Assistance Act of 1961, as amended (``the 
Act''), I hereby:
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          ``(1) determine, pursuant to section 620E(d) of the Act, that 
        the provision of assistance to Pakistan under the Act through 
        September 30, 1987, is in the national interest of the United 
        States and therefore waive the prohibitions of section 669 of 
        the Act with respect to that period;
          ``(2) determine and certify, pursuant to section 670(a)(2) of 
        the Act, that not providing assistance referred to in section 
        670(a)(1) of the Act to Pakistan would be seriously prejudicial 
        to the achievement of United States nonproliferation objectives 
        and otherwise jeopardize the common defense and security;
          ``(3) authorize the provision of assistance referred to in 
        sections 669(a)(1) and 670(a)(1) of the Act to Pakistan 
        beginning thirty (30) days following submission of this 
        determination and certification to the Congress.''.
          (2) \8\ * * *
---------------------------------------------------------------------------
    \8\ Para. (2) amended sec. 620E(d) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2375(d)).
---------------------------------------------------------------------------

SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) In General.--The Secretary of the Treasury shall 
instruct the United States executive director to each of the 
international financial institutions described in section 
701(a) of the International Financial Institutions Act (22 
U.S.C. 262d(a)) to use the voice and vote of the United States 
to oppose any use of the institution's funds to promote the 
acquisition of unsafeguarded special nuclear material or the 
development, stockpiling, or use of any nuclear explosive 
device by any non-nuclear-weapon state.
    (b) \9\ * * *
---------------------------------------------------------------------------
    \9\ Subsec. (b) amended sec. 701(b)(3) of the International 
Financial Institutions Act (22 U.S.C. 262d(b)(3)).
---------------------------------------------------------------------------

SEC. 824. PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION THROUGH THE 
                    PROVISION OF FINANCING.

    (a) Prohibited Activity Defined.--For purposes of this 
section, the term ``prohibited activity'' means the act of 
knowingly, materially, and directly contributing or attempting 
to contribute, through the provision of financing, to--
          (1) the acquisition of unsafeguarded special nuclear 
        material; or
          (2) the use, development, production, stockpiling, or 
        other acquisition of any nuclear explosive device,
by any individual, group, or non-nuclear-weapon state.
    (b) Prohibition.--To the extent that the United States has 
jurisdiction to prohibit such activity by such person, no 
United States person and no foreign person may engage in any 
prohibited activity.
    (c) Presidential Determination and Order With Respect to 
United States and Foreign Persons.--If the President 
determines,,\10\ that a United States person or a foreign 
person has engaged in a prohibited activity (without regard to 
whether subsection (b) applies), the President shall, by order, 
impose the sanctions described in subsection (d) on such 
person.
---------------------------------------------------------------------------
    \10\ Sec. 157(b)(1) of Public Law 104-164 (110 Stat. 1440) struck 
out ``in writing after opportunity for a hearing on the record'' 
(resulting in a double comma).
---------------------------------------------------------------------------
    (d) Sanctions.--The following sanctions shall be imposed 
pursuant to any order issued under subsection (c) with respect 
to any United States person or any foreign person:
          (1) Ban on dealings in government finance.--
                  (A) Designation as primary dealer.--Neither 
                the Board of Governors of the Federal Reserve 
                System nor the Federal Reserve Bank of New York 
                may designate, or permit the continuation of 
                any prior designation of, the person as a 
                primary dealer in United States Government debt 
                instruments.
                  (B) Service as depositary.--The person may 
                not serve as a depositary for United States 
                Government funds.
          (2) Restrictions on operations.--The person may not, 
        directly or indirectly--
                  (A) commence any line of business in the 
                United States in which the person was not 
                engaged as of the date of the order; or
                  (B) conduct business from any location in the 
                United States at which the person did not 
                conduct business as of the date of the order.
    (e) \11\ Consultation With and Actions by Foreign 
Government of Jurisdiction.--
---------------------------------------------------------------------------
    \11\ Sec. 157(b)(2) and (3) of Public Law 104-164 (110 Stat. 1440) 
struck out subsec. (e) and redesignated subsecs. (f) through (k) as 
subsecs. (e) through (j), respectively. Former subsec. (e) had provided 
that: ``Any determination of the President under subsection (c) shall 
be subject to judicial review in accordance with chapter 7 of part I of 
title 5, United States Code.''.
---------------------------------------------------------------------------
          (1) Consultations.--If the President makes a 
        determination under subsection (c) with respect to a 
        foreign person, the Congress urges the President to 
        initiate consultations immediately with any appropriate 
        foreign government with respect to the imposition of 
        any sanction pursuant to this section.
          (2) Actions by government of jurisdiction.--
                  (A) Suspension of period for imposing 
                sanctions.--In order to pursue consultations 
                described in paragraph (1) with any government 
                referred to in such paragraph, the President 
                may delay, for up to 90 days, the effective 
                date of an order under subsection (c) imposing 
                any sanction.
                  (B) Coordination with activities of foreign 
                government.--Following consultations described 
                in paragraph (1), the order issued by the 
                President under subsection (c) imposing any 
                sanction on a foreign person shall take effect 
                unless the President determines, and certifies 
                in writing to the Congress, that the government 
                referred to in paragraph (1) has taken specific 
                and effective actions, including the imposition 
                of appropriate penalties, to terminate the 
                involvement of the foreign person in any 
                prohibited activity.
                  (C) Extension of period.--After the end of 
                the period described in subparagraph (A), the 
                President may delay, for up to an additional 90 
                days, the effective date of an order issued 
                under subsection (b) imposing any sanction on a 
                foreign person if the President determines, and 
                certifies in writing to the Congress, that the 
                appropriate foreign government is in the 
                process of taking actions described in 
                subparagraph (B).
          (3) Report to congress.--Before the end of the 90-day 
        period beginning on the date on which an order is 
        issued under subsection (c), the President shall submit 
        to the Congress a report on--
                  (A) the status of consultations under this 
                subsection with the government referred to in 
                paragraph (1); and
                  (B) the basis for any determination under 
                paragraph (2) that such government has taken 
                specific corrective actions.
    (f) \11\ Termination of the Sanctions.--Any sanction 
imposed on any person pursuant to an order issued under 
subsection (c) shall--
          (1) remain in effect for a period of not less than 12 
        months; and
          (2) cease to apply after the end of such 12-month 
        period only if the President determines, and certifies 
        in writing to the Congress, that--
                  (A) the person has ceased to engage in any 
                prohibited activity; and
                  (B) the President has received reliable 
                assurances from such person that the person 
                will not, in the future, engage in any 
                prohibited activity.
    (g) \11\ Waiver.--The President may waive the continued 
application of any sanction imposed on any person pursuant to 
an order issued under subsection (c) if the President 
determines, and certifies in writing to the Congress, that the 
continued imposition of the sanction would have a serious 
adverse effect on the safety and soundness of the domestic or 
international financial system or on domestic or international 
payments systems.
    (h) \11\ Enforcement Action.--The Attorney General may 
bring an action in an appropriate district court of the United 
States for injunctive and other appropriate relief with respect 
to--
          (1) any violation of subsection (b); or
          (2) any order issued pursuant to subsection (c).
    (i) \11\ Knowingly Defined.--
          (1) In general.--For purposes of this section, the 
        term ``knowingly'' means the state of mind of a person 
        with respect to conduct, a circumstance, or a result in 
        which--
                  (A) such person is aware that such person is 
                engaging in such conduct, that such 
                circumstance exists, or that such result is 
                substantially certain to occur; or
                  (B) such person has a firm belief that such 
                circumstance exists or that such result is 
                substantially certain to occur.
          (2) Knowledge of the existence of a particular 
        circumstance.--If knowledge of the existence of a 
        particular circumstance is required for an offense, 
        such knowledge is established if a person is aware of a 
        high probability of the existence of such circumstance, 
        unless the person actually believes that such 
        circumstance does not exist.
    (j) \11\ Scope of Application.--This section shall apply 
with respect to prohibited activities which occur on or after 
the date this part takes effect.

SEC. 825.\12\ EXPORT-IMPORT BANK. * * *
---------------------------------------------------------------------------

    \12\ Sec. 825 amended sec. 2(b)(4) of the Export-Import Bank Act of 
1945 (12 U.S.C. 635(b)(4)).
---------------------------------------------------------------------------

SEC. 826.\13\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT. * * *
---------------------------------------------------------------------------

    \13\ Sec. 826(a) added a new chapter 10 to the Arms Export Control 
Act, relating to nuclear proliferation controls (22 U.S.C. 2799aa et 
seq.). Sec. 826(b) repealed secs. 669 and 670 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2429, 2429a). Sec. 826(c) made corresponding 
technical amendments.
---------------------------------------------------------------------------

SEC. 827.\14\ REWARD. * * *
---------------------------------------------------------------------------

    \14\ Sec. 827 amended sec. 36(a) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708(a)).
---------------------------------------------------------------------------

SEC. 828. REPORTS.

    (a) \15\ Content of ACDA Annual Report.--* * *
---------------------------------------------------------------------------
    \15\ Sec. 828(a) amended sec. 51(a) of the Arms Control and 
Disarmament Act.
---------------------------------------------------------------------------
    (b) Reporting on Demarches.--(1) It is the sense of the 
Congress that the Department of State should, in the course of 
implementing its reporting responsibilities under section 
602(c) of the Nuclear Non-Proliferation Act of 1978, include a 
summary of demarches that the United States has issued or 
received from foreign governments with respect to activities 
which are of significance from the proliferation standpoint.
    (2) For purposes of this section, the term ``demarche'' 
means any official communication by one government to another, 
by written or oral means, intended by the originating 
government to express--
          (A) a concern over a past, present, or possible 
        future action or activity of the recipient government, 
        or of a person within the jurisdiction of that 
        government, contributing to the global spread of 
        unsafeguarded special nuclear material or of nuclear 
        explosive devices;
          (B) a request for the recipient government to counter 
        such action or activity; or
          (C) both the concern and request described in 
        subparagraphs (A) and (B).
          * * * * * * *

SEC. 830. DEFINITIONS.

    For purposes of this part--
          (1) the term ``foreign person'' means--
                  (A) an individual who is not a citizen of the 
                United States or an alien admitted for 
                permanent residence to the United States; or
                  (B) a corporation, partnership, or other 
                nongovernment entity which is created or 
                organized under the laws of a foreign country 
                or which has its principal place of business 
                outside the United States;
          (2) the term ``goods or technology'' means--
                  (A) nuclear materials and equipment and 
                sensitive nuclear technology (as such terms are 
                defined in section 4 of the Nuclear Non-
                Proliferation Act of 1978), all export items 
                designated by the President pursuant to section 
                309(c) of the Nuclear Non-Proliferation Act of 
                1978, and all technical assistance requiring 
                authorization under section 57 b. of the Atomic 
                Energy Act of 1954, and
                  (B) in the case of exports from a country 
                other than the United States, any goods or 
                technology that, if exported from the United 
                States, would be goods or technology described 
                in subparagraph (A);
          (3) the term ``IAEA safeguards'' means the safeguards 
        set forth in an agreement between a country and the 
        International Atomic Energy Agency, as authorized by 
        Article III(A)(5) of the Statute of the International 
        Atomic Energy Agency;
          (4) the term ``nuclear explosive device'' means any 
        device, whether assembled or disassembled, that is 
        designed to produce an instantaneous release of an 
        amount of nuclear energy from special nuclear material 
        that is greater than the amount of energy that would be 
        released from the detonation of one pound of 
        trinitrotoluene (TNT);
          (5) the term ``non-nuclear-weapon state'' means any 
        country which is not a nuclear-weapon state, as defined 
        by Article IX (3) of the Treaty on the Non-
        Proliferation of Nuclear Weapons, signed at Washington, 
        London, and Moscow on July 1, 1968;
          (6) the term ``special nuclear material'' has the 
        meaning given that term in section 11 aa. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014aa);
          (7) the term ``United States person'' means--
                  (A) an individual who is a citizen of the 
                United States or an alien admitted for 
                permanent residence to the United States; or
                  (B) a corporation, partnership, or other 
                nongovernment entity which is not a foreign 
                person; and
          (8) the term ``unsafeguarded special nuclear 
        material'' means special nuclear material which is held 
        in violation of IAEA safeguards or not subject to IAEA 
        safeguards (excluding any quantity of material that 
        could, if it were exported from the United States, be 
        exported under a general license issued by the Nuclear 
        Regulatory Commission).

SEC. 831. EFFECTIVE DATE.

    The provisions of this part, and the amendments made by 
this part, shall take effect 60 days after the date of the 
enactment of this Act.

               PART C--INTERNATIONAL ATOMIC ENERGY AGENCY

SEC. 841. BILATERAL AND MULTILATERAL INITIATIVES.

    It is the sense of the Congress that in order to maintain 
and enhance international confidence in the effectiveness of 
IAEA safeguards and in other multilateral undertakings to halt 
the global proliferation of nuclear weapons, the United States 
should seek to negotiate with other nations and groups of 
nations, including the IAEA Board of Governors and the Nuclear 
Suppliers Group, to--
          (1) build international support for the principle 
        that nuclear supply relationships must require 
        purchasing nations to agree to full-scope international 
        safeguards;
          (2) encourage each nuclear-weapon state within the 
        meaning of the Treaty to undertake a comprehensive 
        review of its own procedures for declassifying 
        information relating to the design or production of 
        nuclear explosive devices and to investigate any 
        measures that would reduce the risk of such information 
        contributing to nuclear weapons proliferation;
          (3) encourage the deferral of efforts to produce 
        weapons-grade nuclear material for large-scale 
        commercial uses until such time as safeguards are 
        developed that can detect, on a timely and reliable 
        basis, the diversion of significant quantities of such 
        material for nuclear explosive purposes;
          (4) pursue greater financial support for the 
        implementation and improvement of safeguards from all 
        IAEA member nations with significant nuclear programs, 
        particularly from those nations that are currently 
        using or planning to use weapons-grade nuclear material 
        for commercial purposes;
          (5) arrange for the timely payment of annual 
        financial contributions by all members of the IAEA, 
        including the United States;
          (6) pursue the elimination of international commerce 
        in highly enriched uranium for use in research reactors 
        while encouraging multilateral cooperation to develop 
        and to use low-enriched alternative nuclear fuels;
          (7) oppose efforts by non-nuclear-weapon states to 
        develop or use unsafeguarded nuclear fuels for purposes 
        of naval propulsion;
          (8) pursue an international open skies arrangement 
        that would authorize the IAEA to operate surveillance 
        aircraft and would facilitate IAEA access to satellite 
        information for safeguards verification purposes;
          (9) develop an institutional means for IAEA member 
        nations to share intelligence material with the IAEA on 
        possible safeguards violations without compromising 
        national security or intelligence sources or methods;
          (10) require any exporter of a sensitive nuclear 
        facility or sensitive nuclear technology to a non-
        nuclear-weapon state to notify the IAEA prior to export 
        and to require safeguards over that facility or 
        technology, regardless of its destination; and
          (11) seek agreement among the parties to the Treaty 
        to apply IAEA safeguards in perpetuity and to establish 
        new limits on the right to withdraw from the Treaty.

SEC. 842. IAEA INTERNAL REFORMS.

    In order to promote the early adoption of reforms in the 
implementation of the safeguards responsibilities of the IAEA, 
the Congress urges the President to negotiate with other 
nations and groups of nations, including the IAEA Board of 
Governors and the Nuclear Suppliers Group, to--
          (1) improve the access of the IAEA within nuclear 
        facilities that are capable of producing, processing, 
        or fabricating special nuclear material suitable for 
        use in a nuclear explosive device;
          (2)(A) facilitate the IAEA's efforts to meet and to 
        maintain its own goals for detecting the diversion of 
        nuclear materials and equipment, giving particular 
        attention to facilities in which there are bulk 
        quantities of plutonium; and
          (B) if it is not technically feasible for the IAEA to 
        meet those detection goals in a particular facility, 
        require the IAEA to declare publicly that it is unable 
        to do so;
          (3) enable the IAEA to issue fines for violations of 
        safeguards procedures, to pay rewards for information 
        on possible safeguards violations, and to establish a 
        ``hot line'' for the reporting of such violations and 
        other illicit uses of weapons-grade nuclear material;
          (4) establish safeguards at facilities engaged in the 
        manufacture of equipment or material that is especially 
        designated or prepared for the processing, use, or 
        production of special fissionable material or, in the 
        case of non-nuclear-weapon states, of any nuclear 
        explosive device;
          (5) establish safeguards over nuclear research and 
        development activities and facilities;
          (6) implement special inspections of undeclared 
        nuclear facilities, as provided for under existing 
        safeguards procedures, and seek authority for the IAEA 
        to conduct challenge inspections on demand at suspected 
        nuclear sites;
          (7) expand the scope of safeguards to include 
        tritium, uranium concentrates, and nuclear waste 
        containing special fissionable material, and increase 
        the scope of such safeguards on heavy water;
          (8) revise downward the IAEA's official minimum 
        amounts of nuclear material (``significant quantity'') 
        needed to make a nuclear explosive device and establish 
        these amounts as national rather than facility 
        standards;
          (9) expand the use of full-time resident IAEA 
        inspectors at sensitive fuel cycle facilities;
          (10) promote the use of near real time material 
        accountancy in the conduct of safeguards at facilities 
        that use, produce, or store significant quantities of 
        special fissionable material;
          (11) develop with other IAEA member nations an 
        agreement on procedures to expedite approvals of visa 
        applications by IAEA inspectors;
          (12) provide the IAEA the additional funds, technical 
        assistance, and political support necessary to carry 
        out the goals set forth in this subsection; and
          (13) make public the annual safeguards implementation 
        report of the IAEA, establishing a public registry of 
        commodities in international nuclear commerce, 
        including dual-use goods, and creating a public 
        repository of current nuclear trade control laws, 
        agreements, regulations, and enforcement and judicial 
        actions by IAEA member nations.

SEC. 843. REPORTING REQUIREMENT.

    (a) Report Required.--The President shall, in the report 
required by section 601(a) of the Nuclear Non-Proliferation Act 
of 1978, describe--
          (1) the steps he has taken to implement sections 841 
        and 842, and
          (2) the progress that has been made and the obstacles 
        that have been encountered in seeking to meet the 
        objectives set forth in sections 841 and 842.
    (b) Contents of Report.--Each report under paragraph (1) 
shall describe--
          (1) the bilateral and multilateral initiatives that 
        the President has taken during the period since the 
        enactment of this Act in pursuit of each of the 
        objectives set forth in sections 841 and 842;
          (2) any obstacles that have been encountered in the 
        pursuit of those initiatives;
          (3) any additional initiatives that have been 
        proposed by other countries or international 
        organizations to strengthen the implementation of IAEA 
        safeguards;
          (4) all activities of the Federal Government in 
        support of the objectives set forth in sections 841 and 
        842;
          (5) any recommendations of the President on 
        additional measures to enhance the effectiveness of 
        IAEA safeguards; and
          (6) any initiatives that the President plans to take 
        in support of each of the objectives set forth in 
        sections 841 and 842.

SEC. 844. DEFINITIONS.

    As used in this part--
          (1) the term ``highly enriched uranium'' means 
        uranium enriched to 20 percent or more in the isotope 
        U-235;
          (2) the term ``IAEA'' means the International Atomic 
        Energy Agency;
          (3) the term ``near real time material accountancy'' 
        means a method of accounting for the location, 
        quantity, and disposition of special fissionable 
        material at facilities that store or process such 
        material, in which verification of peaceful use is 
        continuously achieved by means of frequent physical 
        inventories and the use of in-process instrumentation;
          (4) the term ``special fissionable material'' has the 
        meaning given that term by Article XX(1) of the Statute 
        of the International Atomic Energy Agency, done at the 
        Headquarters of the United Nations on October 26, 1956;
          (5) the term ``the Treaty'' means the Treaty on the 
        Non-Proliferation of Nuclear Weapons, signed at 
        Washington, London, and Moscow on July 1, 1968; and
          (6) the terms ``IAEA safeguards'', ``non-nuclear-
        weapon state'', ``nuclear explosive device'', and 
        ``special nuclear material'' have the meanings given 
        those terms in section 830 of this Act.

            PART D--TERMINATION * * * [Repealed--1996] \16\

      
---------------------------------------------------------------------------
    \16\ Sec. 157(a) of Public Law 104-164 (110 Stat. 1440) repealed 
part D, which consisted only of sec. 851, which had provided the 
following:
    ``sec. 851. termination upon enactment of next foreign relations 
act.
    ``On the date of enactment of the first Foreign Relations 
Authorization Act that is enacted after the enactment of this Act, the 
provisions of parts A and B of this title shall cease to be effective, 
the amendments made by those parts shall be repealed, and any provision 
of law repealed by those parts shall be reenacted.''.
           j. Weapons of Mass Destruction Control Act of 1992

Partial text of Public Law 102-484 [National Defense Authorization Act 
for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23, 
1992; amended by Public Law 103-160 [National Defense Authorization Act 
for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 
1993; Public Law 103-337 [National Defense Authorization Act for Fiscal 
 Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994; Public 
 Law 104-106 [National Defense Authorization Act for Fiscal Year 1996; 
S. 1124], 110 Stat. 186, approved February 10, 1996; Public Law 104-201 
 [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230], 
    110 Stat. 2422, approved September 23, 1996; Public Law 105-85 
 [National Defense Authorization Act for Fiscal Year 1998; H.R. 1119], 
 111 Stat. 1629, approved November 18, 1997; Public Law 105-261 [Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R. 
  3616], 112 Stat. 1920, approved October 17, 1998; Public Law 106-65 
[National Defense Authorization Act for Fiscal Year 2000 [S. 1059], 113 
 Stat. 512, approved October 5, 1999; and by Public Law 106-398 [Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001; H.R. 
            4205], 114 Stat. 1654, approved October 30, 2000

                       TITLE XV--NONPROLIFERATION

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Weapons of Mass 
Destruction Control Act of 1992''.

SEC. 1502. SENSE OF CONGRESS.

    It is the sense of the Congress that--
          (1) the proliferation (A) of nuclear, biological, and 
        chemical weapons (hereinafter in this title referred to 
        as ``weapons of mass destruction'') and related 
        technology and knowledge and (B) of missile delivery 
        systems remains one of the most serious threats to 
        international peace and the national security of the 
        United States in the post-cold war era;
          (2) the proliferation of nuclear weapons, given the 
        extraordinary lethality of those weapons, is of 
        particularly serious concern;
          (3) the nonproliferation policy of the United States 
        should continue to seek to limit both the supply of and 
        demand for weapons of mass destruction and to reduce 
        the existing threat from proliferation of such weapons;
          (4) substantial funding of nonproliferation 
        activities by the United States is essential to 
        controlling the proliferation of all weapons of mass 
        destruction, especially nuclear weapons and missile 
        delivery systems;
          (5) the President's nonproliferation policy statement 
        of June 1992, and his September 10, 1992, initiative to 
        increase funding for nonproliferation activities in the 
        Department of Energy are praiseworthy;
          (6) the Congress is committed to cooperating with the 
        President in carrying out an effective policy designed 
        to control the proliferation of weapons of mass 
        destruction;
          (7) the President should identify a full range of 
        appropriate, high priority nonproliferation activities 
        that can be undertaken by the United States and should 
        include requests for full funding for those activities 
        in the budget submission for fiscal year 1994;
          (8) the Department of Defense and the Department of 
        Energy have unique expertise that can further enhance 
        the effectiveness of international nonproliferation 
        activities;
          (9) under the guidance of the President, the 
        Secretary of Defense and the Secretary of Energy should 
        continue to actively assist in United States 
        nonproliferation activities and in formulating and 
        executing United States nonproliferation policy, 
        emphasizing activities such as improved capabilities 
        (A) to detect and monitor proliferation, (B) to respond 
        to terrorism, theft, and accidents involving weapons of 
        mass destruction, and (C) to assist with interdiction 
        and destruction of weapons of mass destruction and 
        related weapons material; and
          (10) in a manner consistent with United States 
        nonproliferation policy, the Department of Defense and 
        the Department of Energy should continue to maintain 
        and to improve their capabilities to identify, monitor, 
        and respond to proliferation of weapons of mass 
        destruction and missile delivery systems.

SEC. 1503. REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF ENERGY 
                    NONPROLIFERATION ACTIVITIES.

    (a) Report Required.--The Secretary of Defense and the 
Secretary of Energy shall jointly submit to the committees of 
Congress named in subsection (d)(1) a report describing the 
role of the Department of Defense and the Department of Energy 
with respect to the nonproliferation policy of the United 
States.
    (b) Matters To Be Covered in Report.--The report shall--
          (1) address how the Secretary of Defense integrates 
        and coordinates existing intelligence and military 
        capabilities of the Department of Defense and how the 
        Secretary of Energy integrates and coordinates the 
        intelligence and emergency response capabilities of the 
        Department of Energy in support of the nonproliferation 
        policy of the United States;
          (2) identify existing and planned capabilities within 
        the Department of Defense, including particular 
        capabilities of the military services, and the 
        Department of Energy to (A) detect and monitor 
        clandestine weapons of mass destruction programs, (B) 
        respond to terrorism or accidents involving such 
        weapons and to theft of related weapons materials, and 
        (C) assist with interdiction and destruction of weapons 
        of mass destruction and related weapons materials;
          (3) describe, for the Department of Defense, the 
        degree to which the Secretary of Defense has 
        incorporated a nonproliferation mission into the 
        overall mission of the unified combatant commands and 
        how the Special Operations Command might support the 
        commanders of the unified and specified commands in 
        that mission;
          (4) consider the appropriate roles of the Defense 
        Advance Research Projects Agency (DARPA), the Defense 
        Nuclear Agency (DNA), the On-Site-Inspection Agency 
        (OSIA), and other Department of Defense agencies, as 
        well as the national laboratories of the Department of 
        Energy, in providing technical assistance and support 
        for the efforts of the Department of Defense and the 
        Department of Energy with respect to nonproliferation; 
        and
          (5) identify existing and planned mechanisms for 
        improving the integration of Department of Defense and 
        Department of Energy nonproliferation activities with 
        those of other Federal departments and agencies.
    (c) Coordination With Other Agencies.--The report required 
by subsection (a) shall, for purposes of subsection (b)(5), be 
coordinated with the heads of other appropriate departments and 
agencies.
    (d) Submission of Report.--(1) The report required by 
subsection (a) shall be submitted--
          (A) to the Committee on Armed Services and the 
        Committee on Foreign Relations of the Senate; and
          (B) to the Committee on Armed Services, the Committee 
        on Foreign Affairs, and the Committee on Energy and 
        Commerce of the House of Representatives.\1\
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(4) of that 
Act provided that references to the Committee on Energy and Commerce 
shall be treated as referring to the Committee on Commerce. Sec. 
1(a)(5) of that Act provided that references to the Committee on 
Foreign Affairs shall be treated as referring to the Committee on 
International Relations.
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    (2) The report shall be submitted not later than 180 days 
after the date of enactment of this Act and shall be submitted 
in unclassified form and, as necessary, in classified form.

SEC. 1504. NONPROLIFERATION TECHNOLOGY INITIATIVE.

    (a) Funds for Department of Defense Activities.--
          (1) Of the amount appropriated pursuant to section 
        103(3) for Other Procurement, Air Force, $5,000,000 
        shall be available for the AFTAC Chem/Biological 
        Collection/Processing program.
          (2) Of the amount appropriated pursuant to section 
        201(3) for Research, Development, Test, and Evaluation, 
        Air Force, $6,500,000 shall be available for the Joint 
        Seismic Program.
          (3) Of the amount appropriated pursuant to section 
        201(4) for Research, Development, Test, and Evaluation, 
        Defense Agencies--
                  (A) $11,600,000 shall be available for LIDAR,
                  (B) $5,000,000 shall be available for Seismic 
                programs of the Defense Advanced Research 
                Projects Agency, and
                  (C) $15,000,000 shall be available for 
                Nuclear Proliferation Detection Technology 
                programs of the Defense Advanced Research 
                Projects Agency.
    (b) Funds for Department of Energy Activities.--Of the 
amount appropriated pursuant to section 3104(a)(2) for 
Verification and Control Technologies, $86,000,000 shall be 
available for nuclear nonproliferation detection technologies 
and activities. Of such amount, not more than $30,000,000 may 
be obligated until the report required by section 1503 is 
submitted.

SEC. 1505.\2\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

    (a) Assistance for International Nonproliferation 
Activities.--Subject to the limitations and requirements 
provided in this section, \3\ the Secretary of Defense, under 
the guidance of the President, may provide assistance to 
support international nonproliferation activities.
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    \2\ 22 U.S.C. 5859a.
    \3\ Sec. 1602(a) of Public Law 103-160 (107 Stat. 1843) struck out 
``fiscal year 1993'' and inserted in lieu thereof ``fiscal year 1994''. 
Sec. 1501(a)(1) of Public Law 103-337 (108 Stat. 2914) further extended 
this initiative to include FY 1995. Sec. 1403(a)(1) of Public Law 104-
106 (110 Stat. 489) struck out ``during fiscal years 1994 and 1995''.
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    (b) Activities for Which Assistance May Be Provided.--
Activities for which assistance may be provided under this 
section are activities such as the following:
          (1) Activities carried out by international 
        organizations \4\ that are designed to ensure more 
        effective safeguards against \5\ proliferation and more 
        effective \6\ verification of compliance with the 
        international agreements on nonproliferation.\7\
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    \4\ Sec. 1501(b)(1)(A) of Public Law 103-337 (108 Stat. 2914) 
struck out ``the International Atomic Energy Agency (IAEA)'' and 
inserted in lieu thereof ``international organizations''.
    \5\ Sec. 1501(b)(1)(B) of Public Law 103-337 (108 Stat. 2914) 
struck out ``nuclear'' before ``proliferation''.
    \6\ Sec. 1501(b)(1)(C) of Public Law 103-337 (108 Stat. 2914) 
struck out ``aggressive'' and inserted in lieu thereof ``effective''.
    \7\ Sec. 1501(b)(1)(D) of Public Law 103-337 (108 Stat. 2914) 
struck out ``Treaty on the Non-Proliferation of Nuclear Weapons, done 
on July 1, 1968.'', and inserted in lieu thereof ``international 
agreements on nonproliferation''.
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          (2) Activities of the Department of Defense \8\ in 
        support of the United Nations Special Commission on 
        Iraq (or any successor organization).\9\
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    \8\ Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck 
out ``On-Site Inspection Agency'' and inserted in lieu thereof 
``Department of Defense''.
    \9\ Sec. 9110(e) of the Department of Defense Appropriations Act, 
1993 (Public Law 102-396; 106 Stat. 1929), provided the following 
transfer of funds: ``* * * Provided further, That up to $20,000,000 of 
the transfer authority provided in this section may be used for the 
activities of the On-Site Inspection Agency in support of the United 
Nations Special Commission on Iraq.''.
    Sec. 1505(c)(1) of Public Law 106-65 (113 Stat. 808) inserted ``(or 
any successor organization)''.
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          (3) Collaborative international nuclear security and 
        nuclear safety projects to combat the threat of nuclear 
        theft, terrorism, or accidents, including joint 
        emergency response exercises, technical assistance, and 
        training.
          (4) Efforts to improve international cooperative 
        monitoring of nuclear, biological, chemical, and 
        missile proliferation through technical projects and 
        improved information sharing.\10\
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    \10\ Sec. 1501(b)(2) of Public Law 103-337 (108 Stat. 2914) struck 
out ``nuclear proliferation through joint technical projects and 
improved intelligence sharing'' and inserted in lieu thereof ``nuclear, 
biological, chemical, and missile proliferation through technical 
projects and improved information sharing''.
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    (c) Form of Assistance.--(1) Assistance under this section 
may include funds and in-kind contributions of supplies, 
equipment, personnel, training, and other forms of assistance.
    (2) Assistance under this section may be provided to 
international organizations in the form of funds only if the 
amount in the ``Contributions to International Organizations'' 
account of the Department of State is insufficient or otherwise 
unavailable to meet the United States fair share of assessments 
for international nuclear nonproliferation activities.
    (3) No amount may be obligated for an expenditure under 
this section unless the Director of the Office of Management 
and Budget determines that the expenditure will be counted as 
discretionary spending in the national defense budget function 
(function 050).\11\
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    \11\ Sec. 1403(b)(2) of Public Law 104-106 (110 Stat. 490) struck 
out ``will be counted against the defense category of the discretionary 
spending limits for fiscal year 1993 (as defined in section 601(a)(2) 
of the Congressional Budget Act of 1974) for purposes of part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.'' and 
inserted in lieu thereof ``will be counted as discretionary spending in 
the national defense budget function (function 050).''.
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    (4) No assistance may be furnished under this section 
unless the Secretary of Defense determines and certifies to the 
Congress 30 days in advance that the provision of such 
assistance--
          (A) is in the national security interest of the 
        United States; and
          (B) will not adversely affect the military 
        preparedness of the United States.
    (5) The authority to provide assistance under this section 
in the form of funds may be exercised only to the extent and in 
the amounts provided in advance in appropriations Act.
    (d) \12\ Sources of Assistance.--(1) Funds provided as 
assistance under this section for any fiscal year shall be 
derived from amounts made available to the Department of 
Defense for that fiscal year.\13\ Funds provided as assistance 
under this section for a fiscal year \14\ may also be derived 
\15\ from balances in working capital accounts of the 
Department of Defense.
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    \12\ Sec. 1602(c) of Public Law 103-160 (107 Stat. 1843) struck out 
para. (4) of subsec.. (d), which had read as follows:
    ``(4) Not less than 30 days before obligating any funds to provide 
assistance under this section, the Secretary of Defense shall transmit 
to the committees of Congress named in subsection (e)(2) a report on 
the proposed obligation. Each such report shall specify--
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          ``(A) the account, budget activity, and particular program or 
        programs from which the funds proposed to be obligated are to 
        be derived and the amount of the proposed obligation; and
          ``(B) the activities and forms of assistance for which the 
        Secretary of Defense plans to obligate the funds.''.
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    \13\ Sec. 1403(c)(1)(A) of Public Law 104-106 (110 Stat. 490) 
struck out ``for fiscal year 1994 shall be derived from amounts made 
available to the Department of Defense for fiscal year 1994. Funds 
provided as assistance under this section for fiscal year 1995 shall be 
derived from amounts made available to the Department of Defense for 
fiscal year 1995.'', and inserted in lieu thereof ``for any fiscal year 
shall be derived from amounts made available to the Department of 
Defense for that fiscal year.''.
    Previously, sec. 1501(c)(1)(A) of Public Law 103-337 (108 Stat. 
2914) inserted ``for fiscal year 1994'' after ``under this section''.
    \14\ Sec. 1403(c)(1)(B) of Public Law 104-106 (110 Stat. 490) 
struck out ``referred to in this paragraph '' after ``for a fiscal 
year''.
    \15\ Sec. 1501(c)(1)(B) of Public Law 103-337 (108 Stat. 2914) 
struck out ``fiscal year 1994 or'' and inserted in lieu thereof 
``fiscal year 1994. Funds provided as assistance under this section for 
fiscal year 1995 shall be derived from amounts made available to the 
Department of Defense for fiscal year 1995. Funds provided as 
assistance under this section for a fiscal year referred to in this 
paragraph may also be derived''.
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    (2) Supplies and equipment provided as assistance under 
this section may be provided, by loan or donation, from 
existing stocks of the Department of Defense and the Department 
of Energy.
    (3) \16\ The total amount of the assistance provided in the 
form of funds under this section, including funds used for 
activities of the Department of Defense \17\ in support of the 
United Nations Special Commission on Iraq, may not exceed 
$25,000,000 for fiscal year 1994, $20,000,000 for fiscal year 
1995, $15,000,000 for fiscal year 1996, $15,000,000 for fiscal 
year 1997; or $15,000,000 for fiscal year 1998.
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    \16\ Sec. 1602(b) of Public Law 103-160 (107 Stat. 1843) struck out 
``$40,000,000'' and inserted in lieu thereof ``$25,000,000, including 
funds used for activities of the On-Site Inspection Agency in support 
of the United Nations Special Commission on Iraq''; and struck out the 
section sentence of this para., which read as follows: ``Of such 
amount, not more than $20,000,000 may be used for the activities of the 
On-Site Inspection Agency in support of the United Nations Special 
Commission on Iraq.''.
    Sec. 1501(c)(2) of Public Law 103-337 (108 Stat. 2914) inserted 
``for fiscal year 1994 and $20,000,000 for fiscal year 1995'' after 
``$25,000,000''.
    Sec. 1403(c)(2)(A) of Public Law 104-106 (110 Stat. 490) struck out 
``may not exceed $25,000,000 for fiscal year 1994 or $20,000,000 for 
fiscal year 1995''. Sec. 1403(c)(2)(B) of that Act inserted at the end 
of the same sentence, ``may not exceed $25,000,000 for fiscal year 
1994, $20,000,000 for fiscal year 1995, or $15,000,000 for fiscal year 
1996''.
    Sec. 1301(a)(1) of Public Law 104-201 (110 Stat. 2700) struck out 
``or'' after ``fiscal year 1995,'' and inserted ``or $15,000,000 for 
fiscal year 1997'' at the end of the sentence.
    Sec. 1308 of Public Law 105-85 (111 Stat. 1956) struck out ``or'' 
after ``fiscal year 1996'' and added ``, or $15,000,000 for fiscal year 
1998'' at the end of the para.
    Sec. 1531(a) of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2180) provided 
the following:
    ``(a) Amount Authorized for Fiscal Year 1999.--The total amount of 
assistance for fiscal year 1999 provided by the Secretary of Defense 
under section 1505 of the Weapons of Mass Destruction Control Act of 
1992 (22 U.S.C. 5859a) that is provided for activities of the 
Department of Defense in support of the United Nations Special 
Commission on Iraq, may not exceed $15,000,000.''.
    Sec. 1505(a) of the National Defense Authorization Act for Fiscal 
Year 2000 (Public Law 106-65; 113 Stat. 808) provided the following:
    ``(a) Limitation on Amount of Assistance in Fiscal Year 2000.--The 
total amount of the assistance for fiscal year 2000 that is provided by 
the Secretary of Defense under section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the 
Department of Defense in support of activities under that Act may not 
exceed $15,000,000.''.
    Sec. 1201(a) of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654) provided 
the following:
    ``(a) Limitation on Amount of Assistance in Fiscal Year 2001.--The 
total amount of the assistance for fiscal year 2001 that is provided by 
the Secretary of Defense under section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the 
Department of Defense in support of activities under that Act may not 
exceed $15,000,000.''.
    \17\ Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck 
out ``On-Site Inspection Agency'' and inserted in lieu thereof 
``Department of Defense''.
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    (4) \18\ (A) In the event of a significant unforeseen 
development related to the activities of the United Nations 
Special commission on Iraq (or any successor organization) \19\ 
for which the Secretary of Defense determines that financial 
assistance under this section is required at a level which 
would result in the total amount of assistance provided under 
this section during the then-current fiscal year exceeding the 
amount of any limitation provided by law on the total amount of 
such assistance for that fiscal year, the Secretary of Defense 
may provide such assistance with respect to that fiscal year 
notwithstanding that limitation.\20\
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    \18\ Sec. 1301(b) of Public Law 104-201 (110 Stat. 2700) added 
para. (4).
    \19\ Sec. 1505(c)(2)(A)(i) of Public Law 106-65 (113 Stat. 808) 
inserted ``(or any successor organization)''.
    \20\ Sec. 1505(c)(2)(A)(ii) of Public Law 106-65 (113 Stat. 808) 
struck out ``the amount specified with respect to that year under 
paragraph (3), the Secretary of Defense may provide such assistance 
notwithstanding the limitation with respect to that fiscal year under 
paragraph (3). Funds for such purpose may be derived from any funds 
available to the Department of Defense for that fiscal year.'' and 
inserted in lieu thereof ``the amount of any limitation provided by law 
on the total amount of such assistance for that fiscal year, the 
Secretary of Defense may provide such assistance with respect to that 
fiscal year notwithstanding that limitation.''.
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    (B) Financial assistance may be provided under subparagraph 
(A) only after the Secretary of Defense provides notices in 
writing to the committees of Congress named in subsection 
(e)(2) of the significant unforeseen development and of the 
Secretary's intent to provide assistance in excess of the 
limitation for that fiscal year.\21\ However, if the Secretary 
determines in any case that under the specific circumstances of 
that case advance notice is not possible, such notice shall be 
provided as soon as possible and not later than 15 days after 
the date on which the assistance is provided. Any notices under 
this subparagraph shall include a description of the 
development, the amount of assistance provided or to be 
provided, and the source of the funds for that assistance.
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    \21\ Sec. 1505(c)(2)(B) of Public Law 106-65 (113 Stat. 808) struck 
out ``under paragraph (3)'' at this point.
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    (e) Quarterly Report.--(1) Not later than 30 days after the 
end of each quarter of a fiscal year during which the authority 
of the Secretary of Defense to provide assistance under this 
section is in effect,\22\ the Secretary of Defense shall 
transmit to the committees of Congress named in paragraph (2) a 
report of the activities to reduce the proliferation threat 
carried out under this section. Each report shall set forth 
(for the preceding quarter and cumulatively)--
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    \22\ Sec. 1602(a) of Public Law 103-160 (107 Stat. 1843) struck out 
``fiscal year 1993'' and inserted in lieu thereof ``fiscal year 1994''. 
Sec. 1403(a)(2) of Public Law 104-106 (110 Stat. 489) subsequently 
struck out ``fiscal years 1994 and 1995'' and inserted in lieu thereof 
``of a fiscal year during which the authority of the Secretary of 
Defense to provide assistance under this section is in effect''.
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          (A) the amounts spent for such activities and the 
        purposes for which they were spent;
          (B) a description of the participation of the 
        Department of Defense and the Department of Energy and 
        the participation of other Government agencies in those 
        activities; and
          (C) a description of the activities for which the 
        funds were spent.
    (2) The committees of Congress to which reports under 
paragraph (1) \23\ are to be transmitted are--
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    \23\ Formerly read, as amended by Public Law 103-160, ``under 
paragraph (1) and under subsection (d)(4)''. Sec. 1070(c)(1) of Public 
Law 103-337 (108 stat. 2857) struck out ``and under subsection 
(d)(4)'', effective October 23, 1992.
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          (A) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations 
        of the Senate; and
          (B) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Foreign Affairs, and 
        the Committee on Energy and Commerce of the House of 
        Representatives.\24\
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    \24\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(4) of that 
Act provided that references to the Committee on Energy and Commerce 
shall be treated as referring to the Committee on Commerce. Sec. 
1(a)(5) of that Act provided that references to the Committee on 
Foreign Affairs shall be treated as referring to the Committee on 
International Relations.
    Subsequently, sec. 1067(8) of Public Law 106-65 (113 Stat. 774) 
struck out ``Committee on National Security'' and inserted in lieu 
thereof ``Committee on Armed Services''.
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    (f) \25\ Termination of Authority.--The authority of the 
Secretary of Defense to provide assistance under this section 
terminates at the close of fiscal year 2001.
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    \25\ Sec. 1403(a)(3) of Public Law 104-106 (110 Stat. 489) added 
subsec. (f), to provide for this authority through fiscal year 1996. 
Sec. 1301(a)(2) of Public Law 104-201 (110 Stat. 2700) struck out 
``1996'' and inserted in lieu thereof ``1997''. Sec. 1308(2) of Public 
Law 105-85 (111 Stat. 1956) extended the authority through fiscal year 
1998. Sec. 1531(b) of Public Law 105-261 (112 Stat. 2180) extended the 
authority through fiscal year 1999. Sec. 1505(b) of Public Law 106-65 
(113 Stat. 808) extended the authority through fiscal year 2000. Sec. 
1201(b) of Public Law 106-398 (114 Stat. 1654) extended the authority 
through fiscal year 2001.
             k. Iran-Iraq Arms Nonproliferation Act of 1992



Partial text of Public Law 102-484 [National Defense Authorization Act 
  for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315 at 2571, approved 
 October 23, 1992; as amended by Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
                       approved February 10, 1996

        TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992

SEC. 1601.\1\ SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
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    \1\ 50 U.S.C. 1701 note. Popularly referred to as the ``Gore-McCain 
Act''. In a September 27, 1994, memorandum for the Secretary of State, 
the President delegated all functions vested in the President by this 
title to the Secretary of State, in consultation with the Secretaries 
of Defense, Treasury, Commerce, the Director of the Arms Control and 
Disarmament Agency, and other heads of appropriate departments and 
agencies (59 F.R. 50685).
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SEC. 1602. UNITED STATES POLICY.

    (a) In General.--It shall be the policy of the United 
States to oppose, and urgently to seek the agreement of other 
nations also to oppose, any transfer to Iran or Iraq of any 
goods or technology, including dual-use goods or technology, 
wherever that transfer could materially contribute to either 
country's acquiring chemical, biological, nuclear, or 
destabilizing numbers and types of advanced conventional 
weapons.
    (b) Sanctions.--(1) In the furtherance of this policy, the 
President shall apply sanctions and controls with respect to 
Iran, Iraq, and those nations and persons who assist them in 
acquiring weapons of mass destruction in accordance with the 
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation 
Act of 1978, the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, chapter 7 of the Arms Export 
Control Act,\2\ and other relevant statutes, regarding the non-
proliferation of weapons of mass destruction and the means of 
their delivery.
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    \2\ For text of the Foreign Assistance Act of 1961 (Public Law 87-
195) and chapter 7 of the Arms Export Control Act, see Legislation on 
Foreign Relations Through 2001, vol. I-A.
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    (2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest 
practicable date, sanctions and controls comparable to those 
the United States is obligated to apply under this subsection.
    (c) Public Identification.--The Congress calls on the 
President to identify publicly (in the report required by 
section 1607) any country or person that transfers goods or 
technology to Iran or Iraq contrary to the policy set forth in 
subsection (a).

SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

    The sanctions against Iraq specified in paragraphs (1) 
through (4) of section 586G(a) of the Iraq Sanctions Act of 
1990 (as contained in Public Law 101-513),\3\ including denial 
of export licenses for United States persons and prohibitions 
on United States Government sales, shall be applied to the same 
extent and in the same manner with respect to Iran.
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    \3\ For text, see Legislation on Foreign Relations Through 2001, 
vol. I-B.
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SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

    (a) Prohibition.--If any person transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or \4\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then the 
sanctions described in subsection (b) shall be imposed.
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    \4\ Sec. 1408(a) of Public Law 104-106 (110 Stat. 494) inserted 
``to acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
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    (b) Mandatory Sanctions.--The sanctions to be imposed 
pursuant to subsection (a) are as follows:
          (1) Procurement sanction.--For a period of two years, 
        the United States Government shall not procure, or 
        enter into any contract for the procurement of, any 
        goods or services from the sanctioned person.
          (2) Export sanction.--For a period of two years, the 
        United States Government shall not issue any license 
        for any export by or to the sanctioned person.

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

    (a) Prohibition.--If the President determines that the 
government of any foreign country transfers or retransfers 
goods or technology so as to contribute knowingly and 
materially to the efforts by Iran or Iraq (or any agency or 
instrumentality of either such country) to acquire chemical, 
biological, or nuclear weapons or \5\ to acquire destabilizing 
numbers and types of advanced conventional weapons, then--
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    \5\ Sec. 1408(b) of Public Law 104-106 (110 Stat. 494) inserted 
``to acquire chemical, biological, or nuclear weapons or'' before ``to 
acquire''.
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          (1) the sanctions described in subsection (b) shall 
        be imposed on such country; and
          (2) in addition, the President may apply, in the 
        discretion of the President, the sanction described in 
        subsection (c).
    (b) Mandatory Sanctions.--Except as provided in paragraph 
(2), the sanctions to be imposed pursuant to subsection (a)(1) 
are as follows:
          (1) Suspension of united states assistance.--The 
        United States Government shall suspend, for a period of 
        one year, United States assistance to the sanctioned 
        country.
          (2) Multilateral development bank assistance.--The 
        Secretary of the Treasury shall instruct the United 
        States Executive Director to each appropriate 
        international financial institution to oppose, and vote 
        against, for a period of one year, the extension by 
        such institution of any loan or financial or technical 
        assistance to the sanctioned country.
          (3) Suspension of codevelopment or coproduction 
        agreements.--The United States shall suspend, for a 
        period of one year, compliance with its obligations 
        under any memorandum of understanding with the 
        sanctioned country for the codevelopment or 
        coproduction of any item on the United States Munitions 
        List (established under section 38 of the Arms Export 
        Control Act), including any obligation for 
        implementation of the memorandum of understanding 
        through the sale to the sanctioned country of technical 
        data or assistance or the licensing for export to the 
        sanctioned country of any component part.
          (4) Suspension of military and dual-use technical 
        exchange agreements.--The United States shall suspend, 
        for a period of one year, compliance with its 
        obligations under any technical exchange agreement 
        involving military and dual-use technology between the 
        United States and the sanctioned country that does not 
        directly contribute to the security of the United 
        States, and no military or dual-use technology may be 
        exported from the United States to the sanctioned 
        country pursuant to that agreement during that period.
          (5) United states munitions list.--No item on the 
        United States Munitions List (established pursuant to 
        section 38 of the Arms Export Control Act) may be 
        exported to the sanctioned country for a period of one 
        year.
    (c) Discretionary Sanction.--The sanction referred to in 
subsection (a)(2) is as follows:
          (1) Use of authorities of international emergency 
        economic powers act.--Except as provided in paragraph 
        (2), the President may exercise, in accordance with the 
        provisions of that Act, the authorities of the 
        International Emergency Economic Powers Act with 
        respect to the sanctioned country.
          (2) Exception.--Paragraph (1) does not apply with 
        respect to urgent humanitarian assistance.

SEC. 1606. WAIVER.

    The President may waive the requirement to impose a 
sanction described in section 1603, in the case of Iran, or a 
sanction described in section 1604(b) or 1605(b), in the case 
of Iraq and Iran, 15 days after the President determines and so 
reports to the Committees on Armed Services and Foreign 
Relations of the Senate and the Committees on Armed Services 
and Foreign Affairs of the House of Representatives \6\ that it 
is essential to the national interest of the United States to 
exercise such waiver authority. Any such report shall provide a 
specific and detailed rationale for such determination.
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    \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
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SEC. 1607. REPORTING REQUIREMENT.

    (a) Annual Report.--Beginning one year after the date of 
the enactment of this Act, and every 12 months thereafter, the 
President shall submit to the Committees on Armed Services and 
Foreign Relations of the Senate and the Committees on Armed 
Services and Foreign Affairs of the House of Representatives 
\6\ a report detailing--
          (1) all transfers or retransfers made by any person 
        or foreign government during the preceding 12-month 
        period which are subject to any sanction under this 
        title; and
          (2) the actions the President intends to undertake or 
        has undertaken pursuant to this title with respect to 
        each such transfer.
    (b) Report on Individual Transfers.--Whenever the President 
determines that a person or foreign government has made a 
transfer which is subject to any sanction under this title, the 
President shall, within 30 days after such transfer, submit to 
the Committees on Armed Services and Foreign Relations of the 
Senate and the Committees on Armed Services and Foreign Affairs 
of the House of Representatives \6\ a report--
          (1) identifying the person or government and 
        providing the details of the transfer; and
          (2) describing the actions the President intends to 
        undertake or has undertaken under the provisions of 
        this title with respect to each such transfer.
    (c) Form of Transmittal.--Reports required by this section 
may be submitted in classified as well as in unclassified form.

SEC. 1608. DEFINITIONS.

    For purposes of this title:
          (1) The term ``advanced conventional weapons'' 
        includes--
                  (A) such long-range precision-guided 
                munitions, fuel air explosives, cruise 
                missiles, low observability aircraft, other 
                radar evading aircraft, advanced military 
                aircraft, military satellites, electromagnetic 
                weapons, and laser weapons as the President 
                determines destabilize the military balance or 
                enhance offensive capabilities in destabilizing 
                ways;
                  (B) such advanced command, control, and 
                communications systems, electronic warfare 
                systems, or intelligence collection systems as 
                the President determines destabilize the 
                military balance or enhance offensive 
                capabilities in destabilizing ways; and
                  (C) such other items or systems as the 
                President may, by regulation, determine 
                necessary for purposes of this title.
          (2) The term ``cruise missile'' means guided missiles 
        that use aerodynamic lift to offset gravity and 
        propulsion to counteract drag.
          (3) The term ``goods or technology'' means--
                  (A) any article, natural or manmade 
                substance, material, supply, or manufactured 
                product, including inspection and test 
                equipment; and
                  (B) any information and know-how (whether in 
                tangible form, such as models, prototypes, 
                drawings, sketches, diagrams, blueprints, or 
                manuals, or in intangible form, such as 
                training or technical services) that can be 
                used to design, produce, manufacture, utilize, 
                or reconstruct goods, including computer 
                software and technical data.
          (4) The term ``person'' means any United States or 
        foreign individual, partnership, corporation, or other 
        form of association, or any of their successor 
        entities, parents, or subsidiaries.
          (5) The term ``sanctioned country'' means a country 
        against which sanctions are required to be imposed 
        pursuant to section 1605.
          (6) The term ``sanctioned person'' means a person 
        that makes a transfer described in section 1604(a).
          (7) The term ``United States assistance'' means--
                  (A) \7\ any assistance under the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), other than urgent humanitarian 
                assistance or medicine;
---------------------------------------------------------------------------
    \7\ Sec. 1408(c) of Public Law 104-106 (110 Stat. 494) amended and 
restated subpara. (A), which formerly read as follows:
    ``(A) any assistance under the Foreign Assistance Act of 1961, 
other than--
---------------------------------------------------------------------------

          ``(i) urgent humanitarian assistance or medicine, and
          ``(ii) assistance under chapter 11 of part I (as enacted by 
        the Freedom for Russia and Emerging Eurasian Democracies and 
        Open Markets Support Act of 1992);''.
                  (B) sales and assistance under the Arms 
                Export Control Act;
                  (C) financing by the Commodity Credit 
                Corporation for export sales of agricultural 
                commodities; and
                  (D) financing under the Export-Import Bank 
                Act.
          * * * * * * *
l. Chemical and Biological Weapons Control and Warfare Elimination Act 
                                of 1991

 Title III of Public Law 102-182 [H.R. 1724], 105 Stat. 1222, approved 
                            December 4, 1991

AN ACT To provide for the termination of the application of title IV of 
          the Trade Act of 1974 to Czechoslovakia and Hungary.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

 TITLE III--CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS

SEC. 301.\1\ SHORT TITLE.

  This title may be cited as the ``Chemical and Biological 
Weapons Control and Warfare Elimination Act of 1991''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5601 note. See also title XVII of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50 
U.S.C. 1522-1524) relating to chemical and biological weapons defense, 
in Legislation on Foreign Relations Through 2001, vol. I-B.
---------------------------------------------------------------------------

SEC. 302.\2\ PURPOSES.

  The purposes of this title are--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5601.
---------------------------------------------------------------------------
          (1) to mandate United States sanctions, and to 
        encourage international sanctions, against countries 
        that use chemical or biological weapons in violation of 
        international law or use lethal chemical or biological 
        weapons against their own nationals, and to impose 
        sanctions against companies that aid in the 
        proliferation of chemical and biological weapons;
          (2) to support multilaterally coordinated efforts to 
        control the proliferation of chemical and biological 
        weapons;
          (3) to urge continued close cooperation with the 
        Australia Group and cooperation with other supplier 
        nations to devise ever more effective controls on the 
        transfer of materials, equipment, and technology 
        applicable to chemical or biological weapons 
        production; and
          (4) to require Presidential reports on efforts that 
        threaten United States interests or regional stability 
        by Iran, Iraq, Syria, Libya, and others to acquire the 
        materials and technology to develop, produce, 
        stockpile, deliver, transfer, or use chemical or 
        biological weapons.

SEC. 303.\3\ MULTILATERAL EFFORTS.

  (a) Multilateral Controls on Proliferation.--It is the policy 
of the United States to seek multilaterally coordinated efforts 
with other countries to control the proliferation of chemical 
and biological weapons. In furtherance of this policy, the 
United States shall--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5602.
---------------------------------------------------------------------------
          (1) promote agreements banning the transfer of 
        missiles suitable for armament with chemical or 
        biological warheads;
          (2) set as a top priority the early conclusion of a 
        comprehensive global agreement banning the use, 
        development, production, and stockpiling of chemical 
        weapons;
          (3) seek and support effective international means of 
        monitoring and reporting regularly on commerce in 
        equipment, materials, and technology applicable to the 
        attainment of a chemical or biological weapons 
        capability; and
          (4) pursue and give full support to multilateral 
        sanctions pursuant to United Nations Security Council 
        Resolution 620, which declared the intention of the 
        Security Council to give immediate consideration to 
        imposing ``appropriate and effective'' sanctions 
        against any country which uses chemical weapons in 
        violation of international law.
  (b) Multilateral Controls on Chemical Agents, Precursors, and 
Equipment.--It is also the policy of the United States to 
strengthen efforts to control chemical agents, precursors, and 
equipment by taking all appropriate multilateral diplomatic 
measures--
          (1) to continue to seek a verifiable global ban on 
        chemical weapons at the 40 nation Conference on 
        Disarmament in Geneva;
          (2) to support the Australia Group's objective to 
        support the norms and restraints against the spread and 
        the use of chemical warfare, to advance the negotiation 
        of a comprehensive ban on chemical warfare by taking 
        appropriate measures, and to protect the Australia 
        Group's domestic industries against inadvertent 
        association with supply of feedstock chemical equipment 
        that could be misused to produce chemical weapons;
          (3) to implement paragraph (2) by proposing steps 
        complementary to, and not mutually exclusive of, 
        existing multilateral efforts seeking a verifiable ban 
        on chemical weapons, such as the establishment of--
                  (A) a harmonized list of export control rules 
                and regulations to prevent relative commercial 
                advantage and disadvantages accruing to 
                Australia Group members,
                  (B) liaison officers to the Australia Group's 
                coordinating entity from within the diplomatic 
                missions,
                  (C) a close working relationship between the 
                Australia Group and industry,
                  (D) a public unclassified warning list of 
                controlled chemical agents, precursors, and 
                equipment,
                  (E) information-exchange channels of 
                suspected proliferants,
                  (F) a ``denial'' list of firms and 
                individuals who violate the Australia Group's 
                export control provisions, and
                  (G) broader cooperation between the Australia 
                Group and other countries whose political 
                commitment to stem the proliferation of 
                chemical weapons is similar to that of the 
                Australia Group; and
          (4) to adopt the imposition of stricter controls on 
        the export of chemical agents, precursors, and 
        equipment and to adopt tougher multilateral sanctions 
        against firms and individuals who violate these 
        controls or against countries that use chemical 
        weapons.

SEC. 304.\4\ UNITED STATES EXPORT CONTROLS.

  (a) In General.--The President shall--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5603.
---------------------------------------------------------------------------
          (1) use the authorities of the Arms Export Control 
        Act to control the export of those defense articles and 
        defense services, and
          (2) use the authorities of the Export Administration 
        Act of 1979 to control the export of those goods and 
        technology,
that the President determines would assist the government of 
any foreign country in acquiring the capability to develop, 
produce, stockpile, deliver, or use chemical or biological 
weapons.
  (b) \5\ Export Administration Act.--* * *
---------------------------------------------------------------------------
    \5\ Subsec. (b) amended sec. 6 of the Export Administration Act of 
1979 (50 U.S.C. App. 2405); see Legislation on Foreign Relations 
Through 2000, vol. III.
---------------------------------------------------------------------------

SEC. 305. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS.

  (a) \6\ Amendment to Export Administration Act.--* * *
---------------------------------------------------------------------------
    \6\ Subsec. (a) added a new sec. 11C to the Export Administration 
Act of 1979, relating to chemical and biological weapons proliferation 
sanctions; see Legislation on Foreign Relations Through 2000, vol. III.
---------------------------------------------------------------------------
  (b) \7\ Amendment to Arms Export Control Act.--* * *
---------------------------------------------------------------------------
    \7\ Subsec. (b) added a new chapter 8 to the Arms Export Control 
Act; see Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------

SEC. 306.\8\,}\9\ DETERMINATIONS REGARDING USE OF CHEMICAL 
                    OR BIOLOGICAL WEAPONS.

  (a) Determination by the President.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 5604.
    \9\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181) provided 
for the administration of proliferation sanctions, Middle East Arms 
Control, and related Congressional reporting requirements, including 
the following:
    ``Section 1. Chemical and Biological Weapons Proliferation and Use 
Sanctions. * * *
    ``(b) Chemical and Biological Weapons Use. The authority and duties 
vested in me by sections 306-308 of the Chemical and Biological Weapons 
Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604-5606) are 
delegated to the Secretary of State, except that:
---------------------------------------------------------------------------

          ``(1) The authority and duties vested in me to restrict 
        certain imports as provided in section 307(b)(2)(D), pursuant 
        to a determination made by the Secretary of State under section 
        307(b)(1), are delegated to the Secretary of the Treasury.
          ``(2) The Secretary of State shall issue, transmit to the 
        Congress, and notify the Secretary of the Treasury of, as 
        appropriate, waivers based upon findings made pursuant to 
        section 307(d)(1)(ii).
          ``(3) The authority and duties vested in me to prohibit 
        certain exports as provided in section 307(a)(5) and section 
        307(b)(2)(C), pursuant to a determination made by the Secretary 
        of State under section 306(a)(1) and section 307(b)(1), are 
        delegated to the Secretary of Commerce.
---------------------------------------------------------------------------
    ``(c) Coordination Among Agencies. The Secretaries designated in 
this section shall exercise all functions delegated to them by this 
section in consultation with the Secretary of State, the Secretary of 
Defense, the Secretary of the Treasury, the Secretary of Commerce, the 
Director of the Arms Control and Disarmament Agency, and other 
departments and agencies as appropriate, utilizing the appropriate 
interagency groups prior to any determination to exercise the 
prohibition authority delegated hereby.''.
---------------------------------------------------------------------------
          (1) When determination required; nature of 
        determination.--Whenever persuasive information becomes 
        available to the executive branch indicating the 
        substantial possibility that, on or after the date of 
        the enactment of this title, the government of a 
        foreign country has made substantial preparation to use 
        or has used chemical or biological weapons, the 
        President shall, within 60 days after the receipt of 
        such information by the executive branch, determine 
        whether that government, on or after such date of 
        enactment, has used chemical or biological weapons in 
        violation of international law or has used lethal 
        chemical or biological weapons against its own 
        nationals. Section 307 applies if the President 
        determines that that government has so used chemical or 
        biological weapons.
          (2) Matters to be considered.--In making the 
        determination under paragraph (1), the President shall 
        consider the following:
                  (A) All physical and circumstantial evidence 
                available bearing on the possible use of such 
                weapons.
                  (B) All information provided by alleged 
                victims, witnesses, and independent observers.
                  (C) The extent of the availability of the 
                weapons in question to the purported user.
                  (D) All official and unofficial statements 
                bearing on the possible use of such weapons.
                  (E) Whether, and to what extent, the 
                government in question is willing to honor a 
                request from the Secretary General of the 
                United Nations to grant timely access to a 
                United Nations fact-finding team to investigate 
                the possibility of chemical or biological 
                weapons use or to grant such access to other 
                legitimate outside parties.
          (3) Determination to be reported to congress.--Upon 
        making a determination under paragraph (1), the 
        President shall promptly report that determination to 
        the Congress. If the determination is that a foreign 
        government had used chemical or biological weapons as 
        described in that paragraph, the report shall specify 
        the sanctions to be imposed pursuant to section 307.
  (b) Congressional Requests; Report.--
          (1) Request.--The Chairman of the Committee on 
        Foreign Relations of the Senate (upon consultation with 
        the ranking minority member of such committee) or the 
        Chairman of the Committee on Foreign Affairs \10\ of 
        the House of Representatives (upon consultation with 
        the ranking minority member of such committee) may at 
        any time request the President to consider whether a 
        particular foreign government, on or after the date of 
        the enactment of this title, has used chemical or 
        biological weapons in violation of international law or 
        has used lethal chemical or biological weapons against 
        its own nationals.
---------------------------------------------------------------------------
    \10\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) Report to congress.--Not later than 60 days after 
        receiving such a request, the President shall provide 
        to the Chairman of the Committee on Foreign Relations 
        of the Senate and the Chairman of the Committee on 
        Foreign Affairs \10\ of the House of Representatives a 
        written report on the information held by the executive 
        branch which is pertinent to the issue of whether the 
        specified government, on or after the date of the 
        enactment of this title, has used chemical or 
        biological weapons in violation of international law or 
        has used lethal chemical or biological weapons against 
        its own nationals. This report shall contain an 
        analysis of each of the items enumerated in subsection 
        (a)(2).

SEC. 307.\9\,}\11\ SANCTIONS AGAINST USE OF CHEMICAL OR 
                    BIOLOGICAL WEAPONS.

  (a) Initial Sanctions.--If, at any time, the President makes 
a determination pursuant to section 306(a)(1) with respect to 
the government of a foreign country, the President shall 
forthwith impose the following sanctions:
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 5605.
---------------------------------------------------------------------------
          (1) Foreign assistance.--The United States Government 
        shall terminate assistance to that country under the 
        Foreign Assistance Act of 1961, except for urgent 
        humanitarian assistance and food or other agricultural 
        commodities or products.
          (2) Arms sales.--The United States Government shall 
        terminate--
                  (A) sales to that country under the Arms 
                Export Control Act of any defense articles, 
                defense services, or design and construction 
                services, and
                  (B) licenses for the export to that country 
                of any item on the United States Munitions 
                List.
          (3) Arms sales financing.--The United States 
        Government shall terminate all foreign military 
        financing for that country under the Arms Export 
        Control Act.
          (4) Denial of united states government credit or 
        other financial assistance.--The United States 
        Government shall deny to that country any credit, 
        credit guarantees, or other financial assistance by any 
        department, agency, or instrumentality of the United 
        States Government, including the Export-Import Bank of 
        the United States.
          (5) Exports of national security-sensitive goods and 
        technology.--The authorities of section 6 of the Export 
        Administration Act of 1979 (50 U.S.C. 2405) shall be 
        used to prohibit the export to that country of any 
        goods or technology on that part of the control list 
        established under section 5(c)(1) of that Act (22 
        U.S.C. 2404(c)(1)).
  (b) Additional Sanctions if Certain Conditions Not Met.--
          (1) Presidential determination.--Unless, within 3 
        months after making a determination pursuant to section 
        306(a)(1) with respect to a foreign government, the 
        President determines and certifies in writing to the 
        Congress that--
                  (A) that government is no longer using 
                chemical or biological weapons in violation of 
                international law or using lethal chemical or 
                biological weapons against its own nationals,
                  (B) that government has provided reliable 
                assurances that it will not in the future 
                engage in any such activities, and
                  (C) that government is willing to allow on-
                site inspections by United Nations observers or 
                other internationally recognized, impartial 
                observers, or other reliable means exist, to 
                ensure that that government is not using 
                chemical or biological weapons in violation of 
                international law and is not using lethal 
                chemical or biological weapons against its own 
                nationals,
        then the President, after consultation with the 
        Congress, shall impose on that country the sanctions 
        set forth in at least 3 of subparagraphs (A) through 
        (F) of paragraph (2).
          (2) Sanctions.--The sanctions referred to in 
        paragraph (1) are the following:
                  (A) Multilateral development bank 
                assistance.--The United States Government shall 
                oppose, in accordance with section 701 of the 
                International Financial Institutions Act (22 
                U.S.C. 262d), the extension of any loan or 
                financial or technical assistance to that 
                country by international financial 
                institutions.
                  (B) Bank loans.--The United States Government 
                shall prohibit any United States bank from 
                making any loan or providing any credit to the 
                government of that country, except for loans or 
                credits for the purpose of purchasing food or 
                other agricultural commodities or products.
                  (C) Further export restrictions.--The 
                authorities of section 6 of the Export 
                Administration Act of 1979 shall be used to 
                prohibit exports to that country of all other 
                goods and technology (excluding food and other 
                agricultural commodities and products).
                  (D) Import restrictions.--Restrictions shall 
                be imposed on the importation into the United 
                States of articles (which may include petroleum 
                or any petroleum product) that are the growth, 
                product, or manufacture of that country.
                  (E) Diplomatic relations.--The President 
                shall use his constitutional authorities to 
                downgrade or suspend diplomatic relations 
                between the United States and the government of 
                that country.
                  (F) Presidential action regarding aviation.--
                (i)(I) The President is authorized to notify 
                the government of a country with respect to 
                which the President has made a determination 
                pursuant to section 306(a)(1) of his intention 
                to suspend the authority of foreign air 
                carriers owned or controlled by the government 
                of that country to engage in foreign air 
                transportation to or from the United States.
                  (II) Within 10 days after the date of 
                notification of a government under subclause 
                (I), the Secretary of Transportation shall take 
                all steps necessary to suspend at the earliest 
                possible date the authority of any foreign air 
                carrier owned or controlled, directly or 
                indirectly, by that government to engage in 
                foreign air transportation to or from the 
                United States, notwithstanding any agreement 
                relating to air services.
                  (ii)(I) The President may direct the 
                Secretary of State to terminate any air service 
                agreement between the United States and a 
                country with respect to which the President has 
                made a determination pursuant to section 
                306(a)(1), in accordance with the provisions of 
                that agreement.
                  (II) Upon termination of an agreement under 
                this clause, the Secretary of Transportation 
                shall take such steps as may be necessary to 
                revoke at the earliest possible date the right 
                of any foreign air carrier owned, or 
                controlled, directly or indirectly, by the 
                government of that country to engage in foreign 
                air transportation to or from the United 
                States.
                  (iii) The Secretary of Transportation may 
                provide for such exceptions from clauses (i) 
                and (ii) as the Secretary considers necessary 
                to provide for emergencies in which the safety 
                of an aircraft or its crew or passengers is 
                threatened.
                  (iv) For purposes of this subparagraph, the 
                terms ``air transportation'', ``air carrier'', 
                ``foreign air carrier'', and ``foreign air 
                transportation'' have the meanings such terms 
                have under section 101 of the Federal Aviation 
                Act of 1958 (49 U.S.C. App. 1301).
  (c) Removal of Sanctions.--The President shall remove the 
sanctions imposed with respect to a country pursuant to this 
section if the President determines and so certifies to the 
Congress, after the end of the 12-month period beginning on the 
date on which sanctions were initially imposed on that country 
pursuant to subsection (a), that--
          (1) the government of that country has provided 
        reliable assurances that it will not use chemical or 
        biological weapons in violation of international law 
        and will not use lethal chemical or biological weapons 
        against its own nationals;
          (2) that government is not making preparations to use 
        chemical or biological weapons in violation of 
        international law or to use lethal chemical or 
        biological weapons against its own nationals;
          (3) that government is willing to allow on-site 
        inspections by United Nations observers or other 
        internationally recognized, impartial observers to 
        verify that it is not making preparations to use 
        chemical or biological weapons in violation of 
        international law or to use lethal chemical or 
        biological weapons against its own nationals, or other 
        reliable means exist to verify that it is not making 
        such preparations; and
          (4) that government is making restitution to those 
        affected by any use of chemical or biological weapons 
        in violation of international law or by any use of 
        lethal chemical or biological weapons against its own 
        nationals.
  (d) Waiver.--
          (1) Criteria for waiver.--The President may waive the 
        application of any sanction imposed with respect to a 
        country pursuant to this section--
                  (A) if--
                          (i) in the case of any sanction other 
                        than a sanction specified in subsection 
                        (b)(2)(D) (relating to import 
                        restrictions) or (b)(2)(E) (relating to 
                        the downgrading or suspension of 
                        diplomatic relations), the President 
                        determines and certifies to the 
                        Congress that such waiver is essential 
                        to the national security interests of 
                        the United States, and if the President 
                        notifies the Committee on Foreign 
                        Relations of the Senate and the 
                        Committee on Foreign Affairs \10\ of 
                        the House of Representatives of his 
                        determination and certification at 
                        least 15 days before the waiver takes 
                        effect, in accordance with the 
                        procedures applicable to reprogramming 
                        notifications under section 634A of the 
                        Foreign Assistance Act of 1961, or
                          (ii) in the case of any sanction 
                        specified in subsection (b)(2)(D) 
                        (relating to import restrictions), the 
                        President determines and certifies to 
                        the Congress that such waiver is 
                        essential to the national security 
                        interest of the United States, and if 
                        the President notifies the Committee on 
                        Finance of the Senate and the Committee 
                        on Ways and Means of the House of 
                        Representatives of his determination 
                        and certification at least 15 days 
                        before the waiver takes effect; or
                  (B) if the President determines and certifies 
                to the Congress that there has been a 
                fundamental change in the leadership and 
                policies of the government of that country, and 
                if the President notifies the Congress at least 
                20 days before the waiver takes effect.
          (2) Report.--In the event that the President decides 
        to exercise the waiver authority provided in paragraph 
        (1) with respect to a country, the President's 
        notification to the Congress under such paragraph shall 
        include a report fully articulating the rationale and 
        circumstances which led the President to exercise that 
        waiver authority, including a description of the steps 
        which the government of that country has taken to 
        satisfy the conditions set forth in paragraphs (1) 
        through (4) of subsection (c).
  (e) Contract Sanctity.--
          (1) Sanctions not applied to existing contracts.--(A) 
        A sanction described in paragraph (4) or (5) of 
        subsection (a) or in any of subparagraphs (A) through 
        (D) of subsection (b)(2) shall not apply to any 
        activity pursuant to any contract or international 
        agreement entered into before the date of the 
        presidential determination under section 306(a)(1) 
        unless the President determines, on a case-by-case 
        basis, that to apply such sanction to that activity 
        would prevent the performance of a contract or 
        agreement that would have the effect of assisting a 
        country in using chemical or biological weapons in 
        violation of international law or in using lethal 
        chemical or biological weapons against its own 
        nationals.
          (B) The same restrictions of subsection (p) of 
        section 6 of the Export Administration Act of 1979 (50 
        U.S.C. App. 2405), as that subsection is so 
        redesignated by section 304(b) of this title, which are 
        applicable to exports prohibited under section 6 of 
        that Act shall apply to exports prohibited under 
        subsection (a)(5) or (b)(2)(C) of this section. For 
        purposes of this subparagraph, any contract or 
        agreement the performance of which (as determined by 
        the President) would have the effect of assisting a 
        foreign government in using chemical or biological 
        weapons in violation of international law or in using 
        lethal chemical or biological weapons against its own 
        nationals shall be treated as constituting a breach of 
        the peace that poses a serious and direct threat to the 
        strategic interest of the United States, within the 
        meaning of subparagraph (A) of section 6(p) of that 
        Act.
          (2) Sanctions applied to existing contracts.--The 
        sanctions described in paragraphs (1), (2), and (3) of 
        subsection (a) shall apply to contracts, agreements, 
        and licenses without regard to the date the contract or 
        agreement was entered into or the license was issued 
        (as the case may be), except that such sanctions shall 
        not apply to any contract or agreement entered into or 
        license issued before the date of the presidential 
        determination under section 306(a)(1) if the President 
        determines that the application of such sanction would 
        be detrimental to the national security interests of 
        the United States.

SEC. 308.\9\,}\12\ PRESIDENTIAL REPORTING REQUIREMENTS.

  (a) Reports to Congress.--Not later than 90 days after the 
date of the enactment of this title, and every 12 months 
thereafter, the President shall transmit to the Congress a 
report which shall include--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 5606.
---------------------------------------------------------------------------
          (1) a description of the actions taken to carry out 
        this title, including the amendments made by this 
        title;
          (2) a description of the current efforts of foreign 
        countries and subnational groups to acquire equipment, 
        materials, or technology to develop, produce, or use 
        chemical or biological weapons, together with an 
        assessment of the current and likely future 
        capabilities of such countries and groups to develop, 
        produce, stockpile, deliver, transfer, or use such 
        weapons;
          (3) a description of--
                  (A) the use of chemical weapons by foreign 
                countries in violation of international law,
                  (B) the use of chemical weapons by 
                subnational groups,
                  (C) substantial preparations by foreign 
                countries and subnational groups to do so, and
                  (D) the development, production, stockpiling, 
                or use of biological weapons by foreign 
                countries and subnational groups; and
          (4) a description of the extent to which foreign 
        persons or governments have knowingly and materially 
        assisted third countries or subnational groups to 
        acquire equipment, material, or technology intended to 
        develop, produce, or use chemical or biological 
        weapons.
  (b) Protection of Classified Information.--To the extent 
practicable, reports submitted under subsection (a) or any 
other provision of this title should be based on unclassified 
information. Portions of such reports may be classified.

SEC. 309. REPEAL OF DUPLICATIVE PROVISIONS.

  (a) Repeal.--Title V of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (Public Law 102-138), and the 
amendments made by that title, are repealed.
  (b) References to Date of Enactment.--The reference--
          (1) in section 11C(a)(1) of the Export Administration 
        Act of 1979, as added by section 305(a) of this Act, to 
        the ``date of the enactment of this section'',
          (2) in section 81(a)(1) of the Arms Export Control 
        Act, as added by section 305(b) of this Act, to the 
        ``date of the enactment of this section'', and
          (3) in section 306(a)(1) of this Act to the ``date of 
        the enactment of this title'',
shall be deemed to refer to the date of the enactment of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(Public Law 102-138).\13\
---------------------------------------------------------------------------
    \13\ Enacted October 28, 1991.
  m. Executive Orders Concerning Nonproliferation of Weapons of Mass 
                              Destruction

(1) Renunciation of Certain Uses in War of Chemical Herbicides and Riot 
                           Control Agents \1\

  Executive Order 11850, April 8, 1975, 40 F.R. 16187, 50 U.S.C. 1511 
                                  note

    The United States renounces, as a matter of national 
policy, first use of herbicides in war except use, under 
regulations applicable to their domestic use, for control of 
vegetation within U.S. bases and installations or around their 
immediate defensive perimeters, and first use of riot control 
agents in war except in defensive military modes to save lives 
such as:
---------------------------------------------------------------------------
    \1\ See also texts of the Geneva Protocol of 1925 and the 
Biological Weapons Convention, Legislation on Foreign Relations, vol. 
V, sec. F.
---------------------------------------------------------------------------
          (a) Use of riot control agents in riot control 
        situations in areas under direct and distinct U.S. 
        military control, to include controlling rioting 
        prisoners of war.
          (b) Use of riot control agents in situations in which 
        civilians are used to mask or screen attacks and 
        civilian casualties can be reduced or avoided.
          (c) Use of riot control agents in rescue missions in 
        remotely isolated areas, of downed aircrews and 
        passengers, and escaping prisoners.
          (d) Use of riot control agents in rear echelon areas 
        outside the zone of immediate combat to protect convoys 
        from civil disturbances, terrorists and paramilitary 
        organizations.
    I have determined that the provisions and procedures 
prescribed by this Order are necessary to ensure proper 
implementation and observance of such national policy.
    Now, Therefore, by virtue of the authority vested in me as 
President of the United States of America by the Constitution 
and laws of the United States and as Commander-in-Chief of the 
Armed Forces of the United States, it is hereby ordered as 
follows:
    Section 1. The Secretary of Defense shall take all 
necessary measures to ensure that the use by the Armed Forces 
of the United States of any riot control agents and chemical 
herbicides in war is prohibited unless such use has 
Presidential approval, in advance.
    Sec. 2. The Secretary of Defense shall prescribe the rules 
and regulations he deems necessary to ensure that the national 
policy herein announced shall be observed by the Armed Forces 
of the United States.


          Note.--Former Executive Order 11902 regarding 
        Procedures for an Export Licensing Policy as to Nuclear 
        Materials and Equipment was repealed by Executive Order 
        12058.


    (2) Administration of Proliferation Sanctions, Middle East Arms 
       Control, and Related Congressional Reporting Requirements

  Executive Order 12851, June 11, 1993, 58 F.R. 33181, 22 U.S.C. 2797 
                                  note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including section 301 of title 3, United States Code; sections 
1701-1703 of the National Defense Authorization Act for Fiscal 
Year 1991, Public Law 101-510 (50 U.S.C. App. 2402 note, 2405, 
2410b; 22 U.S.C. 2797-2797c); sections 303, 324, and 401-405 of 
the Foreign Relations Authorization Act, Fiscal Years 1992 and 
1993, Public Law 102-138; sections 305-308 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991, 
Public Law 102-182 (50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-
5606); sections 241 and 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993, Public Law 
102-190; and section 1364 of the National Defense Authorization 
Act for Fiscal Year 1993, Public Law 102-484, I hereby order as 
follows:
    Section 1. Chemical and Biological Weapons Proliferation 
and Use Sanctions. (a) Chemical and Biological Weapons 
Proliferation. The authority and duties vested in me by section 
81 of the Arms Export Control Act, as amended (``AECA'') (22 
U.S.C. 2798), and section 11C of the Export Administration Act 
of 1979, as amended (``EAA'') (50 U.S.C. App. 2410c), are 
delegated to the Secretary of State, except that:
          (1) The authority and duties vested in me to deny 
        certain United States Government contracts, as provided 
        in section 81(c)(1)(A) of the AECA and section 
        11C(c)(1)(A) of the EAA, pursuant to a determination 
        made by the Secretary of State under section 81(a)(1) 
        of the AECA or section 11C(a)(1) of the EAA, as well as 
        the authority and duties vested in me to make the 
        determinations provided for in section 81(c)(2) of the 
        AECA and section 11C(c)(2) of the EAA are delegated to 
        the Secretary of Defense. The Secretary of Defense 
        shall notify the Secretary of the Treasury of 
        determinations made pursuant to section 81(c)(2) of the 
        AECA and section 11(c)(2) of the EAA).
          (2) The authority and duties vested in me to prohibit 
        certain imports as provided in section 81(c)(1)(B) of 
        the AECA and section 11C(c)(1)(B) of the EAA, pursuant 
        to a determination made by the Secretary of State under 
        section 81(a)(1) of the AECA or section 11C(a)(1) of 
        the EAA, and the obligation to implement the exceptions 
        provided in section 81(c)(2) of the AECA and section 
        11C(c)(2) of the EAA, insofar as the exceptions affect 
        imports of goods into the United States, are delegated 
        to the Secretary of the Treasury.
    (b) Chemical and Biological Weapons Use. The authority and 
duties vested in me by sections 306-308 of the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991 
(22 U.S.C. 5604-5606) are delegated to the Secretary of States, 
except that:
          (1) The authority and duties vested in me to restrict 
        certain imports as provided in section 307(b)(2)(D), 
        pursuant to a determination made by the Secretary of 
        States under section 307(b)(1), are delegated to the 
        Secretary of the Treasury.
          (2) The Secretary of State shall issue, transmit to 
        the Congress, and notify the Secretary of the Treasury 
        of, as appropriate, waivers based upon findings made 
        pursuant to section 307(d)(1)(A)(ii).
          (3) The authority and duties vested in me to prohibit 
        certain exports as provided in section 307(a)(5) and 
        section 307(b)(2)(C), pursuant to a determination made 
        by the Secretary of State under section 306(a)(1) and 
        section 307(b)(1), are delegated to the Secretary of 
        Commerce.
    (c) Coordination Among Agencies. The Secretaries designated 
in this section shall exercise all functions delegated to them 
by this section in consultation with the Secretary of State, 
the Secretary of Defense, the Secretary of the Treasury, the 
Secretary of Commerce, the Director of the Arms Control and 
Disarmament Agency, and other departments and agencies as 
appropriate, utilizing the appropriate interagency groups prior 
to any determination to exercise the prohibition authority 
delegated hereby.
    Sec. 2. Missile Proliferation Sanctions. (a) Arms Export 
Control Act. The authority and duties vested in me by sections 
72-73 of the AECA (22 U.S.C. 2797a-2797b) are delegated to the 
Secretary of State, except that:
          (1) The authority and duties vested in me by section 
        72(a)(1) to make determinations with respect to 
        violations by United States persons of the EAA are 
        delegated to the Secretary of Commerce.
          (2) The authority and duties vested in me to deny 
        certain United States Government contracts as provided 
        in sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant 
        to a determination made by the Secretary of State under 
        section 73(a)(1), as well as the authority and duties 
        vested in me to make the finding provided in sections 
        72(c), 73(f), and 73(g)(1), are delegated to the 
        Secretary of Defense. The Secretary of State shall 
        issue, transmit to the Congress, and notify the 
        Secretary of the Treasury of, as appropriate, any 
        waivers based upon findings made pursuant to sections 
        72(c) and 73(f).
          (3) The authority and duties vested in me to prohibit 
        certain imports as provided in section 73(a)(2)(C), 
        pursuant to a determination made by the Secretary of 
        State under that section, and the obligation to 
        implement the exceptions provided in section 73(g), are 
        delegated to the Secretary of the Treasury.
    (b) Export Administration Act. The authority and duties 
vested in me by section 11B of the EAA (50 U.S.C. App. 2410b) 
are delegated to the Secretary of Commerce, except that:
          (1) The authority and duties vested in me by sections 
        11B(a)(1)(A) (insofar as such section authorizes 
        determinations with respect to violations by United 
        States persons of the AECA), 11B(b)(1) (insofar as such 
        section authorizes determinations regarding activities 
        by foreign persons), and 11B(b)(5) are delegated to the 
        Secretary of State.
          (2) The authority and duties vested in me to make the 
        findings provided in sections 11B(a)(3), 11B(b)(6), and 
        11B(b)(7)(A) are delegated to the Secretary of Defense. 
        The Secretary of Commerce shall issue, transmit to the 
        Congress, and notify the Secretary of the Treasury of, 
        as appropriate, waivers based upon findings made 
        pursuant to section 11B(a)(3). The Secretary of State 
        shall issue, transmit to the Congress, and notify the 
        Secretary of the Treasury of, as appropriate, waivers 
        based upon findings made pursuant to section 11B(b)(6).
          (3) The authority and duties vested in me to prohibit 
        certain imports as provided in section 11B(b)(1), 
        pursuant to a determination by the Secretary of State 
        under that section, and the obligation to implement the 
        exceptions provided in section 11B(b)(7), are delegated 
        to the Secretary of the Treasury.
    (c) Reporting Requirements. The authority and duties vested 
in me to make certain reports to the Congress as provided in 
section 1097 of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 and section 1364 of the National 
Defense Authorization Act for Fiscal Year 1993 are delegated to 
the Secretary of State.
    (d) Coordination Among Agencies. The Secretaries designated 
in this section shall exercise all functions delegated to them 
by this section in consultation with the Secretary of State, 
the Secretary of Defense, the Secretary of the Treasury, the 
Secretary of Commerce, the Director of the Arms Control and 
Disarmament Agency, and other departments and agencies as 
appropriate, utilizing the appropriate interagency groups prior 
to any determination to exercise the prohibition authority 
delegated hereby.
    Sec. 3. Arms Control in the Middle East. The certification 
and reporting functions vested in me by sections 403 and 404 of 
the Foreign Relations Authorization Act, Fiscal Years 1992 and 
1993, are delegated to the Secretary of State. The Secretary of 
State shall exercise these functions in consultation with the 
Secretary of Defense and other agencies as appropriate.
    Sec. 4. China and Weapons Proliferation. The reporting 
functions regarding China and weapons proliferation vested in 
me by sections 303(a)(2) and 324 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, are delegated to 
the Secretary of State. The Secretary of State shall exercise 
these functions in consultation with the Secretary of Defense 
and other agencies as appropriate.
    Sec. 5. Arrow Tactical Anti-Missile Program. The authority 
and duties vested in me to make certain certifications as 
provided by section 241(b)(3)(C) of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 are delegated 
to the Secretary of State.
    Sec. 6. Delegations. The functions delegated herein may be 
redelegated as appropriate. Regulations necessary to carry out 
the functions delegated herein may be issued as appropriate.
    Sec. 7. Priority. This order supercedes the Memorandum of 
the President, ``Delegation of Authority Regarding Missile 
Technology Proliferation,'' June 25, 1991. To the extent that 
this order is inconsistent with any provisions of any prior 
Executive order or Presidential memorandum, this order shall 
control.
            (3) Proliferation of Weapons of Mass Destruction

Executive Order 12938, November 14, 1994, 59 F.R. 59099, 50 U.S.C. 1701 
 note; amended by Executive Order 13094, July 28, 1998, 63 F.R. 40803; 
       and by Executive Order 13128, June 25, 1999, 64 F.R. 34701

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 
1601 et seq.), the Arms Export Control Act, as amended (22 
U.S.C. 2751 et seq.), Executive Orders Nos. 12851 and 12924, 
and section 301 of title 3, United States Code,
    I, WILLIAM J. CLINTON, President of the United States of 
America, find that the proliferation of nuclear, biological, 
and chemical weapons (``weapons of mass destruction'') and of 
the means of delivering such weapons, constitutes an unusual 
and extraordinary threat to the national security, foreign 
policy, and economy of the United States, and hereby declare a 
national emergency to deal with that threat.\1\
---------------------------------------------------------------------------
    \1\ The President continued this national emergency in a notice of 
November 8, 1995 (60 F.R. 57137); a notice of November 12, 1996 (61 
F.R. 58309); a notice of November 12, 1997 (62 F.R. 60993); a notice of 
November 12, 1998 (63 F.R. 63589); a notice of November 10, 1999 (64 
F.R. 61767); a notice of November 9, 2000 (65 F.R. 68063); and a notice 
of November 9, 2001 (66 F.R. 56965).
---------------------------------------------------------------------------
    Accordingly, I hereby order:
    Section 1. International Negotiations. It is the policy of 
the United States to lead and seek multilaterally coordinated 
efforts with other countries to control the proliferation of 
weapons of mass destruction and the means of delivering such 
weapons. Accordingly, the Secretary of State shall cooperate in 
and lead multilateral efforts to stop the proliferation of 
weapons of mass destruction and their means of delivery.
    Sec. 2. Imposition of Controls. As provided herein, the 
Secretary of State and the Secretary of Commerce shall use 
their respective authorities, including the Arms Export Control 
Act and the International Emergency Economic Powers Act, to 
control any exports, to the extent they are not already 
controlled by the Department of Energy and the Nuclear 
Regulatory Commission, that either Secretary determines would 
assist a country in acquiring the capability to develop, 
produce, stockpile, deliver, or use weapons of mass destruction 
or their means of delivery. The Secretary of State shall pursue 
early negotiations with foreign governments to adopt effective 
measures comparable to those imposed under this order.
    Sec. 3. Department of Commerce Controls. (a) The Secretary 
of Commerce shall prohibit the export of any goods, technology, 
or services subject to the Secretary's export jurisdiction that 
the Secretary of Commerce determines, in consultation with the 
Secretary of State, the Secretary of Defense, and other 
appropriate officials, would assist a foreign country in 
acquiring the capability to develop, produce, stockpile, 
deliver, or use weapons of mass destruction or their means of 
delivery. The Secretary of State shall pursue early 
negotiations with foreign governments to adopt effective 
measures comparable to those imposed under this section.
    (b) Subsection (a) of this section will not apply to 
exports relating to a particular category of weapons of mass 
destruction (i.e., nuclear, chemical, or biological weapons) if 
their destination is a country with whose government the United 
States has entered into a bilateral or multilateral arrangement 
for the control of that category of weapons of mass 
destruction-related goods (including delivery systems) and 
technology, or maintains domestic export controls comparable to 
controls that are imposed by the United States with respect to 
that category of goods and technology, or that are otherwise 
deemed adequate by the Secretary of State.
    (c) The Secretary of Commerce shall require validated 
licenses to implement this order and shall coordinate any 
license applications with the Secretary of State and the 
Secretary of Defense.
    (d) The Secretary of Commerce, in consultation with the 
Secretary of State, shall take such actions, including the 
promulgation of rules, regulations, and amendments thereto, as 
may be necessary to continue to regulate the activities of 
United States persons in order to prevent their participation 
in activities that could contribute to the proliferation of 
weapons of mass destruction or their means of delivery, as 
provided in the Export Administration Regulations, set forth in 
Title 15, Chapter VII, Subchapter C, of the Code of Federal 
Regulations, Parts 768 to 799 inclusive.
    (e) \2\ The Secretary of Commerce shall impose and enforce 
such restrictions on the importation of chemicals into the 
United States as may be necessary to carry out the requirements 
of the Convention on the Prohibition of the Development, 
Production, Stockpiling and Use of Chemical Weapons and on 
Their Destruction.
---------------------------------------------------------------------------
    \2\ Sec. 8 of Executive Order 13128 (64 F.R. 34704) added subsec. 
(e).
---------------------------------------------------------------------------
    Sec. 4.\3\ Measures Against Foreign Persons.
---------------------------------------------------------------------------
    \3\ Sec. 1(a) of Executive Order 13094 (63 F.R. 40803) amended and 
restated sec. 4. It previously read as follows:``
    Sec. 4. Sanctions Against Foreign Persons. (a) In addition to the 
sanctions imposed on foreign persons as provided in the National 
Defense Authorization Act for Fiscal Year 1991 and the Chemical and 
Biological Weapons Control and Warfare Elimination Act of 1991, 
sanctions also shall be imposed on a foreign person with respect to 
chemical and biological weapons proliferation if the Secretary of State 
determines that the foreign person on or after the effective date of 
this order or its predecessor, Executive Order No. 12735 of November 
16, 1990, knowingly and materially contributed to the efforts of any 
foreign country, project, or entity to use, develop, produce, 
stockpile, or otherwise acquire chemical or biological weapons.
    ``(b) No department or agency of the United States Government may 
procure, or enter into any contract for the procurement of, any goods 
or services from any foreign person described in subsection (a) of this 
section. The Secretary of the Treasury shall prohibit the importation 
into the United States of products produced by that foreign person.
    ``(c) Sanctions pursuant to this section may be terminated or not 
imposed against foreign persons if the Secretary of States determines 
that there is reliable evidence that the foreign person concerned has 
ceased all activities referred to in subsection (a).
    ``(d) The Secretary of State and the Secretary of the Treasury may 
provide appropriate exemptions for procurement contracts necessary to 
meet U.S. operational military requirements or requirements under 
defense production agreements, sole source suppliers, spare parts, 
components, routine servicing and maintenance of products, and medical 
and humanitarian items. They may provide exemptions for contracts in 
existence on the date of this order under appropriate circumstances.''.
---------------------------------------------------------------------------
    (a) Determination by Secretary of State; Imposition of 
Measures. Except to the extent provided in section 203(b) of 
the International Emergency Economic Powers Act (50 US.C. 
1702(b)), where applicable, if the Secretary of State 
determines that a foreign person, on or after November 16, 
1990, the effective date of executive Order 12735, the 
predecessor order to Executive Order 12938, has materially 
contributed or attempted to contribute materially to the 
efforts of any foreign country, project, or entity of 
proliferation concern to use, acquire, design, develop, 
produce, or stockpile weapons of mass destruction or missiles 
capable of delivering such weapons, the measures set forth in 
subsections (b), (c), and (d) of this section shall be imposed 
on that foreign person to the extent determined by the 
Secretary of State in consultation with the implementing agency 
and other relevant agencies. Nothing in this section is 
intended to preclude the imposition on that foreign person of 
other measures or sanctions available under this order or under 
other authorities.
    (b) Procurement Ban. No department or agency of the United 
States Government may procure, or enter into any contract for 
the procurement of, any goods, technology, or services from any 
foreign person described in subsection (a) of this section.
    (c) Assistance Ban. No department or agency of the United 
States Government may provide any assistance to any foreign 
person described in subsection (a) of this section, and no such 
foreign person shall be eligible to participate in any 
assistance program of the United States Government.
    (d) Import Ban. The Secretary of the Treasury shall 
prohibit the importation into the United States of goods, 
technology, or services produced or provided by any foreign 
person described in subsection (a) of this section, other than 
information or informational materials within the meaning of 
section 203(b)(3) of the International Emergency Economic 
Powers Act (50 U.S.C. 1702(b)(3)).
    (e) Termination. Measures pursuant to this section may be 
terminated against a foreign person if the Secretary of State 
determines that there is reliable evidence that such foreign 
person has ceased all activities referred to in subsection (a) 
of this section.
     Exceptions. Departments and agencies of the United States 
Government, acting in consultation with the Secretary of State, 
may, by license, regulation, order, directive, exception, or 
otherwise, provide for:
          (i) Procurement contracts necessary to meet U.S. 
        operational military requirements of requirements under 
        defense production agreements; intelligence 
        requirements; sole source suppliers, spare parts, 
        components, routine servicing and maintenance of 
        products for the United States Government; and medical 
        and humanitarian items; and
          (ii) Performance pursuant to contracts in force on 
        the effective date of this order under appropriate 
        circumstances.
    Sec. 5. Sanctions Against Foreign Countries. (a) In 
addition to the sanctions imposed on foreign countries as 
provided in the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, sanctions also shall be 
imposed on a foreign country as specified in subsection (b) of 
this section, if the Secretary of State determines that the 
foreign country has, on or after the effective date of this 
order or its predecessor, Executive Order No. 12735 of November 
16, 1990, (1) used chemical or biological weapons in violation 
of international law; (2) made substantial preparations to use 
chemical or biological weapons in violation of international 
law; or (3) developed, produced, stockpiled, or otherwise 
acquired chemical or biological weapons in violation of 
international law.
    (b) The following sanctions shall be imposed on any foreign 
country identified in subsection (a)(1) of this section unless 
the Secretary of State determines, on grounds of significant 
foreign policy or national security, that any individual 
sanction should not be applied. The sanctions specified in this 
section may be made applicable to the countries identified in 
subsections (a)(2) or (a)(3) when the Secretary of State 
determines that such action will further the objectives of this 
order pertaining to proliferation. The sanctions specified in 
subsection (b)(2) below shall be imposed with the concurrence 
of the Secretary of the Treasury.
          (1) Foreign Assistance. No assistance shall be 
        provided to that country under the Foreign Assistance 
        Act of 1961, or any successor act, or the Arms Export 
        Control Act, other than assistance that is intended to 
        benefit the people of that country directly and that is 
        not channeled through governmental agencies or entities 
        of that country.
          (2) Multilateral Development Bank Assistance. The 
        United States shall oppose any loan or financial or 
        technical assistance to that country by international 
        financial institutions in accordance with section 701 
        of the International Financial Institutions Act (22 
        U.S.C. 262d).
          (3) Denial of Credit or Other Financial Assistance. 
        The United States shall deny to that country any credit 
        or financial assistance by any department, agency, or 
        instrumentality of the United States Government.
          (4) Prohibition of Arms Sales. The United States 
        Government shall not, under the Arms Export Control 
        Act, sell to that country any defense articles or 
        defense services or issue any license for the export of 
        items on the United States Munitions List.
          (5) Export of National Security-Sensitive Goods and 
        Technology. No exports shall be permitted of any goods 
        or technologies controlled for national security 
        reasons under the Export Administration Regulations.
          (6) Further Export Restrictions. The Secretary of 
        Commerce shall prohibit or otherwise substantially 
        restrict exports to that country of goods, technology, 
        and services (excluding agricultural commodities and 
        products otherwise subject to control).
          (7) Import Restrictions. Restrictions shall be 
        imposed on the importation into the United States of 
        articles (that may include petroleum or any petroleum 
        product) that are the growth, product, or manufacture 
        of that country.
          (8) Landing Rights. At the earliest practicable date, 
        the Secretary of State shall terminate, in a manner 
        consistent with international law, the authority of any 
        air carrier that is controlled in fact by the 
        government of that country to engage in air 
        transportation (as defined in section 101(10) of the 
        Federal Aviation Act of 1958 (49 U.S.C. App. 1301(10)).
    Sec. 6. Duration. Any sanctions imposed pursuant to 
sections 4 or 5 of this order shall remain in force until the 
Secretary of State determines that lifting any sanction is in 
the foreign policy or national security interests of the United 
States or, as to sanctions under section 4 of this order, until 
the Secretary has made the determination under section 4(e).\4\
---------------------------------------------------------------------------
    \4\ Sec. 1(b) of Executive Order 13094 (63 F.R. 40804) struck out 
``4(c)'' and inserted in lieu thereof ``4(e)''.
---------------------------------------------------------------------------
    Sec. 7. Implementation. The Secretary of State, the 
Secretary of the Treasury, and the Secretary of Commerce are 
hereby authorized and directed to take such actions, including 
the promulgation of rules and regulations, as may be necessary 
to carry out the purposes of this order. These actions, and in 
particular those in sections 4 and 5 of this order, shall be 
made in consultation with the Secretary of Defense and, as 
appropriate, other agency heads and shall be implemented in 
accordance with procedures established pursuant to Executive 
Order No. 12851. The Secretary concerned may redelegate any of 
these functions to other officers in agencies of the Federal 
Government. All heads of departments and agencies of the United 
States Government are directed to take all appropriate measures 
within their authority to carry out the provisions of this 
order, including the suspension or termination of licenses or 
other authorizations.
    Sec. 8. Preservation of Authorities. Nothing in this order 
is intended to affect the continued effectiveness of any rules, 
regulations, orders licenses, or other forms of administrative 
action issued, taken, or continued in effect heretofore or 
hereafter under the authority of the International Emergency 
Economic Powers Act, the Export Administration Act, the Arms 
Export Control Act, the Nuclear Non-proliferation Act, 
Executive Order No. 12730 of September 30, 1990, Executive 
Order No. 12735 of November 16, 1990, Executive Order No. 12924 
of August 18, 1994, and Executive Order No. 12930 of September 
29, 1994.
    Sec. 9. Judicial Review. This order is not intended to 
create, nor does it create, any right or benefit, substantive 
or procedural, enforceable at law by party against the United 
States, its agencies, officers, or any other person.
    Sec. 10. Revocation of Executive Orders Nos. 12735 and 
12930. Executive Orders No. 12735 of November 16, 1990, and 
Executive Order No. 12930 of September 29, 1994, are hereby 
revoked.
    Sec. 11. Effective Date. This order is effective 
immediately.
    This order shall be transmitted to the Congress and 
published in the Federal Register.
(4) Implementation of the Chemical Weapons Convention and the Chemical 
                 Weapons Convention Implementation Act

          Executive Order 13128, June 25, 1999, 64 F.R. 34703

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Chemical Weapons Convention Implementation Act of 
1998 (as enacted in Division I of Public Law 105-277) (the 
Act), the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 
1601 et seq.), and section 301 of title 3, United States Code, 
and in order to facilitate implementation of the Act, and the 
Convention on the Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their 
Destruction (the ``Convention''), it is hereby ordered as 
follows:
    Section 1. The Department of State shall be the United 
States National Authority (the ``USNA'') for purposes of the 
Act and the Convention.
    Sec. 2. The USNA shall coordinate the implementation of the 
provisions of the Act and the Convention with an interagency 
group consisting of the Secretary of Defense, the Attorney 
General, the Secretary of Commerce, the Secretary of Energy, 
and the heads of such other agencies or departments, or their 
designees, I may consider necessary or advisable.
    Sec. 3. The Departments of State and Commerce, and other 
agencies as appropriate, each shall issue, amend, or revise 
regulations, orders, or directives as necessary to implement 
the Act and U.S. obligation under Article VI and related 
provisions of the Convention. Regulations under section 401(a) 
of the Act shall be issued by the Department of Commerce by a 
date specified by the USNA, which shall review and approve 
these regulations, in coordination with the interagency group 
designated in section 2 of this order, prior to their issuance.
    Sec. 4. The Secretary of Commerce is authorized:
          (a) to obtain and execute warrants pursuant to 
        section 305 of the Act for the purposes of conducting 
        inspections of facilities subject to the regulations 
        issued by the Department of Commerce pursuant to 
        section 3 of this order;
          (b) to suspend or revoke export privileges pursuant 
        to section 211 of the Act; and
          (c) to carry out all functions with respect to 
        proceedings under section 501(a) of the Act and to 
        issue regulations with respect thereto, except for 
        those functions that the Act specifies are to be 
        performed by the Secretary of State or the USNA.
    Sec. 5. The Departments of State, Defense, Commerce, and 
Energy, and other agencies as appropriate, are authorized to 
carry out, consistent with the Act and in accordance with 
subsequent directives, appropriate functions that are not 
otherwise assigned in the Act and are necessary to implement 
the provisions of the Convention and the Act.
    Sec. 6. The Departments of State, Defense, Commerce, and 
Energy, and other agencies, as appropriate, are authorized to 
provide assistance to facilities not owned or operated by the 
U.S. Government, or contracted for use by or for the U.S. 
Government, in meeting reporting requirements and in preparing 
the facilities for possible inspection pursuant to the 
Convention.
    Sec. 7. The USNA, in coordination with the interagency 
group designated in section 2 of this order, is authorized to 
determine whether the disclosure of confidential business 
information pursuant to section 404(c) of the Act is in the 
national interest. Disclosure will not be permitted if contrary 
to national security or law enforcement needs.
    Sec. 8. In order to take additional steps with respect to 
the proliferation of weapons of mass destruction and means of 
delivering them and the national emergency described and 
declared in Executive Order 12938 of November 14, 1994, as 
amended by Executive Order 13094 of July 30, 1998, section 3 of 
Executive Order 12938, as amended, is amended, to add a new 
subsection (e) to read as follows: * * *
    Sec. 9. Any investigation emanating from a possible 
violation of this order, or of any license, order, or 
regulation issued pursuant to this order, involving or 
revealing a possible violation of 18 U.S.C. section 229 shall 
be referred to the Federal Bureau of Investigation (FBI), which 
shall coordinate with the referring agency and other 
appropriate agencies. The FBI shall timely notify the referring 
agency and other appropriate agencies of any action it takes on 
such referrals.
    Sec. 10. Nothing in this order shall create and right or 
benefit, substantive or procedural, enforceable by any party 
against the United States, its agencies or instrumentalities, 
its officers or employees, or any other person.
    Sec. 11. (a) This order shall take effect at 12:01 a.m. 
eastern daylight time, June 26, 1999.
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.
     n. Nuclear Non-Proliferation Act of 1978 and Related Materials

               (1) Nuclear Non-Proliferation Act of 1978

 Partial text of Public Law 95-242 [H.R. 8638], 92 Stat. 120, approved 
   March 10, 1978; as amended by Public Law 99-661 [National Defense 
   Authorization Act for Fiscal Year 1987; S. 2638], 100 Stat. 3816, 
   approved November 11, 1986; Public Law 103-236 [Foreign Relations 
 Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 
  382, approved April 30, 1994; Public Law 103-437 [U.S.C. Technical 
  Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; 
  Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October 
   21, 1998; and by Public Law 106-113 [H.R. 3194], 113 Stat. 1301, 
                       approved November 29, 1999


          Note.--Sections of this Act that have been omitted 
        amended the Atomic Energy Act of 1954. See the 
        appropriate sections of the 1954 Act beginning on page 
        1819 for the text of these omitted sections.



  AN ACT To provide for more efficient and effective control over the 
             proliferation of nuclear explosive capability.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Nuclear Non-Proliferation Act of 
1978.''

                          statement of policy

    Sec. 2.\1\ The Congress finds and declares that the 
proliferation of nuclear explosive devices or of the direct 
capability to manufacture or otherwise acquire such devices 
poses a grave threat to the security interests of the United 
States and to continued international progress toward world 
peace and development. Recent events emphasize the urgency of 
this threat and the imperative need to increase the 
effectiveness of international safeguards and controls on 
peaceful nuclear activities to prevent proliferation. 
Accordingly, it is the policy of the United States to--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3201.
---------------------------------------------------------------------------
          (a) actively pursue through international initiatives 
        mechanisms for fuel supply assurances and the 
        establishment of more effective international controls 
        over the transfer and use of nuclear materials and 
        equipment and nuclear technology for peaceful purposes 
        in order to prevent proliferation, including the 
        establishment of common international sanctions;
          (b) take such actions as are required to confirm the 
        reliability of the United States in meeting its 
        commitments to supply nuclear reactors and fuel to 
        nations which adhere to effective non-proliferation 
        policies by establishing procedures to facilitate the 
        timely processing of requests for subsequent 
        arrangements and export licenses;
          (c) strongly encourage nations which have not 
        ratified the Treaty on the Non-Proliferation of Nuclear 
        Weapons to do so at the earliest possible date; \2\ and
---------------------------------------------------------------------------
    \2\ This policy was reiterated by Congress in sec. 507 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 378) (see Legislation on Foreign Relations Through 2001, vol. I-
A). Sec. 507(b), which was repealed in 1981, also called for a report 
(submitted to Congress on November 19, 1979) from the Secretary of 
State, on steps taken by the Department of State to encourage nations 
which are not parties to the treaty to become parties.
---------------------------------------------------------------------------
          (d) cooperate with foreign nations in identifying and 
        adapting suitable technologies for energy production 
        and, in particular, to identify alternative options to 
        nuclear power in aiding such nations to meet their 
        energy needs, consistent with the economic and material 
        resources of those nations and environmental 
        protection.

                          statement of purpose

    Sec. 3.\3\ It is the purpose of this Act to promote the 
policies set forth above by--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3202.
---------------------------------------------------------------------------
          (a) establishing a more effective framework for 
        international cooperation to meet the energy needs of 
        all nations and to ensure that the worldwide 
        development of peaceful nuclear activities and the 
        export by any nation of nuclear materials and equipment 
        and nuclear technology intended for use in peaceful 
        nuclear activities do not contribute to proliferation;
          (b) authorizing the United States to take such 
        actions as are required to ensure that it will act 
        reliably in meeting its commitment to supply nuclear 
        reactors and fuel to nations which adhere to effective 
        non-proliferation policies;
          (c) providing incentives to the other nations of the 
        world to join in such international cooperative efforts 
        and to ratify the Treaty; and
          (d) ensuring effective controls by the United States 
        over its exports of nuclear materials and equipment and 
        of nuclear technology.

                              definitions

    Sec. 4.\4\ (a) As used in this Act, the term--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3203. Sec. 1225(e)(1) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-775) struck out para. (2), which referred to 
the Director of the Arms Control and Disarmament Agency, and renumbered 
the remaining para. as needed.
---------------------------------------------------------------------------
          (1) ``Commission'' means the Nuclear Regulatory 
        Commission;
          (2) ``IAEA'' means International Atomic Energy 
        Agency;
          (3) ``nuclear materials and equipment'' means source 
        material, special nuclear material, production 
        facilities, utilization facilities, and components, 
        items or substances determined to have significance for 
        nuclear explosive purposes pursuant to subsection 109 
        b. of the 1954 Act;
          (4) ``physical security measures'' means measures to 
        reasonably ensure that source or special nuclear 
        material will only be used for authorized purpose and 
        to prevent theft and sabotage;
          (5) ``sensitive nuclear technology'' means any 
        information (including information incorporated in a 
        production or utilization facility or important 
        component part thereof) which is not available to the 
        public and which is important to the design, 
        construction, fabrication, operation or maintenance of 
        a uranium enrichment or nuclear fuel reprocessing 
        facility or a facility for the production of heavy 
        water, but shall not include Restricted Data controlled 
        pursuant to chapter 12 of the 1954 Act;
          (6) ``1954 Act'' means the Atomic Energy Act of 1954, 
        as amended; and
          (8) ``the Treaty'' means the Treaty on the Non-
        Proliferation of Nuclear Weapons.\5\
---------------------------------------------------------------------------
    \5\ See Legislation on Foreign Relations, vol. V, sec. L, for text 
of treaty.
---------------------------------------------------------------------------
    (b) All other terms used in this Act not defined in this 
section shall have the meanings ascribed to them by the 1954 
Act, the Energy Reorganization Act of 1974, and the Treaty.

  TITLE I--UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL 
                                 SUPPLY

                                 policy

    Sec. 101.\6\ The United States, as a matter of national 
policy, shall take such actions and institute such measures as 
may be necessary and feasible to assure other nations and 
groups of nations that may seek to utilize the benefits of 
atomic energy for peaceful purposes that it will provide a 
reliable supply of nuclear fuel to those nations and groups of 
nations which adhere to policies designed to prevent 
proliferation. Such nuclear fuel shall be provided under 
agreements entered into pursuant to section 161 of the 1954 Act 
or as otherwise authorized by law. The United States shall 
ensure that it will have available the capacity on a long-term 
basis to enter into new fuel supply commitments consistent with 
its nonproliferation policies and domestic energy needs. The 
Commission shall, on a timely basis, authorize the export of 
nuclear materials and equipment when all the applicable 
statutory requirements are met.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 3221.
---------------------------------------------------------------------------

                      uranium enrichment capacity

    Sec. 102.\7\ The Secretary of Energy is directed to 
initiate construction planning and design, construction, and 
operation activities for expansion of uranium enrichment 
capacity, as elsewhere provided by law. Further the Secretary 
as well as the Nuclear Regulatory Commission and the Secretary 
of State \8\ are directed to establish and implement procedures 
which will ensure to the maximum extent feasible, consistent 
with this Act, orderly processing of subsequent arrangements 
and export licenses with minimum time delay.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 3222.
    \8\ Sec. 1225(e)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-775) struck out ``, the Secretary of State, and the Director 
of the Arms Control and Disarmament Agency'' and inserted in lieu 
thereof ``and the Secretary of State''.
---------------------------------------------------------------------------

                                 report

    Sec. 103. The President shall promptly undertake a study to 
determine the need for additional United States enrichment 
capacity to meet domestic and foreign needs and to promote 
United States nonproliferation objectives abroad. The President 
shall report to the Congress on the results of this study 
within twelve months after the date of enactment of this Act.

                       international undertakings

    Sec. 104.\9\ (a) Consistent with section 105 of this Act, 
the President shall institute prompt discussions with other 
nations and groups of nations, including both supplier and 
recipient nations, to develop international approaches for 
meeting future worldwide nuclear fuel needs. In particular, the 
President is authorized and urged to seek to negotiate as soon 
as practicable with nations possessing nuclear fuel production 
facilities or source material, and such other nations and 
groups of nations, such as the IAEA, as may be deemed 
appropriate, with a view toward the timely establishment of 
binding international undertakings providing for--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3223.
---------------------------------------------------------------------------
          (1) the establishment of an international nuclear 
        fuel authority (INFA) with responsibility for providing 
        agreed upon fuel services and allocating agreed upon 
        quantities of fuel resources to ensure fuel supply on 
        reasonable terms in accordance with agreements between 
        INFA and supplier and recipient nations;
          (2) a set of conditions consistent with subsection 
        (d) under which international fuel assurances under 
        INFA auspices will be provided to recipient nations, 
        including conditions which will ensure that the 
        transferred materials will not be used for nuclear 
        explosive devices;
          (3) devising, consistent with the policy goals set 
        forth in section 403 of this Act, feasible and 
        environmentally sound approaches for the siting, 
        development, and management under effective 
        international auspices and inspection of facilities for 
        the provision of nuclear fuel services, including the 
        storage of special nuclear material;
          (4) the establishment of repositories for the storage 
        of spent nuclear reactor fuel under effective 
        international auspices and inspection;
          (5) the establishment of arrangements under which 
        nations placing spent fuel in such repositories would 
        receive appropriate compensation for the energy content 
        of such spent fuel if recovery of such energy content 
        is deemed necessary or desirable; and
          (6) sanctions for violation of the provisions of or 
        for abrogation of such binding international 
        undertakings.
    (b) The President shall submit to Congress not later than 
six months after the date of enactment of this Act proposals 
for initial fuel assurances, including creation of an interim 
stockpile of uranium enriched to less than 20 percent in the 
uranium isotope 235 (low-enriched uranium) to be available for 
transfer pursuant to a sales arrangement to nations which 
adhere to strict policies designed to prevent proliferation 
when and if necessary to ensure continuity of nuclear fuel 
supply to such nations. Such submission shall include proposals 
for the transfer of low-enriched uranium up to an amount 
sufficient to produce 100,000 MWe years of power from light 
water nuclear reactors, and shall also include proposals for 
seeking contributions from other supplier nations to such an 
interim stockpile pending the establishment of INFA.
    (c) The President shall, in the report required by section 
103, also address the desirability of and options for foreign 
participation, including investment, in new United States 
uranium enrichment facilities. This report shall also address 
the arrangements that would be required to implement such 
participation and the commitments that would be required as a 
condition of such participation. This report shall be 
accompanied by any proposed legislation to implement these 
arrangements.
    (d) The fuel assurances contemplated by this section shall 
be for the benefit of nations that adhere to policies 
designated to prevent proliferation. In negotiating the binding 
international undertakings called for in this section, the 
President shall, in particular, seek to ensure that the 
benefits of such undertakings are available to non-nuclear-
weapon states only if such states accept IAEA safeguards on all 
their peaceful nuclear activities, do not manufacture or 
otherwise acquire any nuclear explosive device, do not 
establish any new enrichment or reprocessing facilities under 
their de facto or de jure control, and place any such existing 
facilities under effective international auspices and 
inspection.
    (e) The report required by section 601 shall include 
information on the progress made in any negotiations pursuant 
to this section.
    (f)(1) The President may not enter into any binding 
international undertaking negotiated pursuant to subsection (a) 
which is not a treaty until such time as such proposed 
undertaking has been submitted to the Congress and has been 
approved by concurrent resolution.
    (2) The proposals prepared pursuant to subsection (b) shall 
be submitted to the Congress as part of an annual authorization 
Act for the Department of Energy.

                   reevaluation of nuclear fuel cycle

    Sec. 105.\10\ The President shall take immediate 
initiatives to invite all nuclear supplier and recipient 
nations to reevaluate all aspects of the nuclear fuel cycle, 
with emphasis on alternatives to an economy based on the 
separation of pure plutonium or the presence of high enriched 
uranium, methods to deal with spent fuel storage, and methods 
to improve the safeguards for existing nuclear technology. The 
President shall, in the first report required by section 601, 
detail the progress of such international reevaluation.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 3224.
---------------------------------------------------------------------------

  TITLE II--UNITED STATES INITIATIVES TO STRENGTHEN THE INTERNATIONAL 
                           SAFEGUARDS SYSTEM

                                 policy

    Sec. 201.\11\ The United States is committed to continued 
strong support for the principles of the Treaty on the Non-
Proliferation of Nuclear Weapons, to a strengthened and more 
effective International Atomic Energy Agency and to a 
comprehensive safeguards system administered by the Agency to 
deter proliferation. Accordingly, the United States shall seek 
to act with other nations to--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 3241.
---------------------------------------------------------------------------
          (a) continue to strengthen the safeguards program of 
        the IAEA and, in order to implement this section, 
        contribute funds, technical resources, and other 
        support to assist the IAEA in effectively implementing 
        safeguards;
          (b) ensure that the IAEA has the resources to carry 
        out the provisions of article XII of the Statute of the 
        IAEA;
          (c) improve the IAEA safeguards system (including 
        accountability) to ensure--
                  (1) the timely detection of a possible 
                diversion of sources of special nuclear 
                materials which could be used for nuclear 
                explosive devices;
                  (2) the timely dissemination of information 
                regarding such diversion; and
                  (3) the timely implementation of 
                internationally agreed procedures in the event 
                of such diversion;
          (d) ensure that the IAEA receives on a timely basis 
        the data needed for it to administer an effective and 
        comprehensive international safeguards program and that 
        the IAEA provides timely notice to the world community 
        of any evidence of a violation of any safeguards 
        agreement to which it is a party; and
          (e) encourage the IAEA, to the maximum degree 
        consistent with the Statute, to provide nations which 
        supply nuclear materials and equipment with the data 
        needed to assure such nations of adherence to bilateral 
        commitments applicable to such supply.

                            training program

    Sec. 202.\12\ The Department of Energy, in consultation 
with the Commission, shall establish and operate a safeguards 
and physical security training program to be made available to 
persons from nations and groups of nations which have developed 
or acquired, or may be expected to develop or acquire, nuclear 
materials and equipment for use for peaceful purposes. Any such 
program shall include training in the most advanced safeguards 
and physical security techniques and technology, consistent 
with the national security interests of the United States.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 3242.
---------------------------------------------------------------------------

                              negotiations

    Sec. 203.\13\ The United States shall seek to negotiate 
with other nations and groups of nations to--
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 3243.
---------------------------------------------------------------------------
          (1) adopt general principles and procedures, 
        including common international sanctions, to be 
        followed in the event that a nation violates any 
        material obligation with respect to the peaceful use of 
        nuclear materials and equipment or nuclear technology, 
        or in the event that any nation violates the principles 
        of the Treaty, including the detonation by a non-
        nuclear-weapon state of a nuclear explosive device; and
          (2) establish international procedures to be followed 
        in the event of diversion, theft, or sabotage of 
        nuclear materials or sabotage of nuclear facilities, 
        and for recovering nuclear materials that have been 
        lost or stolen, or obtained or used by a nation or by 
        any person or group in contravention of the principles 
        of the Treaty.

              TITLE III--EXPORT ORGANIZATION AND CRITERIA

          * * * * * * *

                      export licensing procedures

    Sec. 304. (a) \14\ * * *
---------------------------------------------------------------------------
    \14\ Subsec. (a) added a new sec. 126 to the 1954 Act regarding 
export licensing procedures.
---------------------------------------------------------------------------
    (b) \15\ Within one hundred and twenty days of the date of 
enactment of this Act, the Commission shall, after 
consultations with the Secretary of State, promulgate 
regulations establishing procedures (1) for the granting, 
suspending, revoking, or amending of any nuclear export license 
or exemption pursuant to its statutory authority; (2) for 
public participation in nuclear export licensing proceedings 
when the Commission finds that such participation will be in 
the public interest and will assist the Commission in making 
the statutory determinations required by the 1954 Act, 
including such public hearings and access to information as the 
Commission deems appropriate: Provided, That judicial review as 
to any such finding shall be limited to the determination of 
whether such finding was arbitrary and capricious; (3) for a 
public written Commission opinion accompanied by the dissenting 
or separate views of any Commissioner, in those proceedings 
where one or more Commissioners have dissenting or separate 
views on the issuance of an export license; and (4) for public 
notice of Commission proceedings and decisions, and for 
recording of minutes and votes of the Commission: Provided 
further, That until the regulations required by this subsection 
have been promulgated, the Commission shall implement the 
provisions of this Act under temporary procedures established 
by the Commission.
---------------------------------------------------------------------------
    \15\ 42 U.S.C. 2155a.
---------------------------------------------------------------------------
    (c) \15\ The procedures to be established pursuant to 
subsection (b) shall constitute the exclusive basis for 
hearings in nuclear export licensing proceedings before the 
Commission and, notwithstanding section 189 a. of the 1954 Act, 
shall not require the Commission to grant any person an on-the-
record hearing in such a proceeding.
    (d) \16\ Within sixty days of the date of enactment of this 
Act, the Commission shall, in consultation with the Secretary 
of State, the Secretary of Energy and the Secretary of 
Defense,\17\ promulgate (and may from time to time amend) 
regulations establishing the levels of physical security which 
in its judgment are no less strict than those established by 
any international guidelines to which the United States 
subscribes and which in its judgment will provide adequate 
protection for facilities and material referred to in paragraph 
(3) of section 127 of the 1954 Act taking into consideration 
variations in risks to security as appropriate.
---------------------------------------------------------------------------
    \16\ 42 U.S.C. 2156a.
    \17\ Sec. 1225(e)(3) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-775) struck out ``the Secretary of Defense, and the 
Director,'' and inserted in lieu thereof ``and the Secretary of 
Defense,''.
---------------------------------------------------------------------------
          * * * * * * *

                component and other parts of facilities

    Sec. 309. (a) \18\ * * *
---------------------------------------------------------------------------
    \18\ Subsec. (a) amended sec. 109 of the 1954 Act.
---------------------------------------------------------------------------
    (b) \19\ The Commission, not later than one hundred and 
twenty days after the date of the enactment of this Act, shall 
publish regulations to implement the provisions of subsections 
b. and c. of section 109 of the 1954 Act. Among other things, 
these regulations shall provide for the prior consultation by 
the Commission with the Department of State, the Department of 
Energy, the Department of Defense, and the Department of 
Commerce.\20\
---------------------------------------------------------------------------
    \19\ 42 U.S.C. 2139a. The procedures referred to in subsection (c) 
were issued on June 1, 1978. For text, see Legislation on Foreign 
Relations, vol. V, section L.
    \20\ Sec. 1225(e)(4)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-775) struck out ``the Department of Commerce, 
and the Arms Control and Disarmament Agency'' and inserted in lieu 
thereof ``and the Department of Commerce''.
---------------------------------------------------------------------------
    (c) \19\ The President, within not more than one hundred 
and twenty days after the date of enactment of this Act, shall 
publish procedures regarding the control by the Department of 
Commerce, over all export items, other than those licensed by 
the Commission, which could be, if used for purposes other than 
those for which the export is intended, of significance for 
nuclear explosive purposes. Among other things, these 
procedures shall provide for prior consultations \21\ by the 
Department of Commerce with the Department of State,\22\ the 
Commission, the Department of Energy, and the Department of 
Defense.
---------------------------------------------------------------------------
    \21\ Sec. 714(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 498), struck out ``, 
as required,'' following ``prior consultations''.
    \22\ Sec. 1225(e)(4)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-775) struck out ``the Arms Control and 
Disarmament Agency,'' at this point.
---------------------------------------------------------------------------
    (d) The amendments to section 109 of the 1954 Act made by 
this section shall not affect the approval of exports 
contracted for prior to November 1, 1977, which are made within 
one year of the date of enactment of such amendments.

            TITLE IV--NEGOTIATION OF FURTHER EXPORT CONTROLS

          * * * * * * *

                        additional requirements

    Sec. 402.\23\ (a) Except as specifically provided in any 
agreement for cooperation, no source or special nuclear 
material hereafter exported from the United States may be 
enriched after export without the prior approvals of the United 
States for such enrichment: Provided, That the procedures 
governing such approval shall be identical to those set forth 
for the approval of proposed subsequent arrangements under 
section 131 of the 1954 Act, and any commitments from the 
recipient which the Secretary of Energy and the Secretary of 
State deem necessary to ensure that such approval will be 
obtained prior to such enrichment shall be obtained prior to 
the submission of the executive branch judgment regarding the 
export in question and shall be set forth in such submission: 
And provided further, That no source or special nuclear 
material shall be exported for the purpose of enrichment or 
reactor fueling to any nation or group of nations which has, 
after the date of enactment of this Act, entered into a new or 
amended agreement for cooperation with the United States, 
except pursuant to such agreement.
---------------------------------------------------------------------------
    \23\ 42 U.S.C. 2153a. The procedures mentioned in the first proviso 
were issued June 1, 1978. For text, see Legislation on Foreign 
Relations, vol. V, section L.
---------------------------------------------------------------------------
    (b) In addition to other requirements of law, no major 
critical component of any uranium enrichment, nuclear fuel 
reprocessing, or heavy water production facility shall be 
exported under any agreement for cooperation (except an 
agreement for cooperation pursuant to subsection 91 c., 144 b., 
or 144 c. of the 1954 Act) unless such agreement for 
cooperation specifically designates such components as items to 
be exported pursuant to the agreement for cooperation. For 
purposes of this subsection, the term ``major critical 
component'' means any component part or group of component 
parts which the President determines to be essential to the 
operation of a complete uranium enrichment, nuclear fuel 
reprocessing, or heavy water production facility.

                      peaceful nuclear activities

    Sec. 403.\24\ The President shall take immediate and 
vigorous steps to seek agreement from all nations and groups of 
nations to commit themselves to adhere to the following export 
policies with respect to their peaceful nuclear activities and 
their participation in international nuclear trade:
---------------------------------------------------------------------------
    \24\ 42 U.S.C. 2153b.
---------------------------------------------------------------------------
    (a) No nuclear materials and equipment and no sensitive 
nuclear technology within the territory of any nation or group 
of nations, under its jurisdiction, or under its control 
anywhere will be transferred to the jurisdiction of any other 
nation or group of nations unless the nation or group of 
nations receiving such transfer commits itself to strict 
undertakings including, but not limited to, provisions 
sufficient to ensure that--
          (1) no nuclear materials and equipment and no nuclear 
        technology in, under the jurisdiction of, or under the 
        control of any non-nuclear-weapon state, shall be used 
        for nuclear explosive devices for any purpose or for 
        research on or development of nuclear explosives 
        devices for any purpose, except as permitted by Article 
        V, the Treaty;
          (2) IAEA safeguards will be applied to all peaceful 
        nuclear activities in, under the jurisdiction of, or 
        under the control of any non-nuclear-weapon state;
          (3) adequate physical security measure will be 
        established and maintained by any nation or group of 
        nations on all of its nuclear activities;
          (4) no nuclear materials and equipment and no nuclear 
        technology intended for peaceful purposes in, under the 
        jurisdiction of, or under the control of any nation or 
        group of nations shall be transferred to the 
        jurisdiction of any other nation or group of nations 
        which does not agree to stringent undertakings meeting 
        the objectives of this section; and
          (5) no nation or group of nations will assist, 
        encourage, or induce any non-nuclear-weapon state to 
        manufacture or otherwise acquire any nuclear explosive 
        device.
    (b)(1) No source or special nuclear material within the 
territory of any nation or group of nations, under its 
jurisdiction, or under its control anywhere will be enriched 
(as described in paragraph aa. (2) of section 11 of the 1954 
Act) or reprocessed, no irradiated fuel elements containing 
such material which are to be removed from a reactor will be 
altered in form or content, and no fabrication or stockpiling 
involving plutonium, uranium 233, or uranium enriched to 
greater than 20 percent in the isotope 235 shall be performed 
except in a facility under effective international auspices and 
inspection, and any such irradiated fuel elements shall be 
transferred to such a facility as soon as practicable after 
removal from a reactor consistent with safety requirements. 
Such facilities shall be limited in number to the greatest 
extent feasible and shall be carefully sited and managed so as 
to minimize the proliferation and environmental risks 
associated with such facilities. In addition, there shall be 
conditions to limit the access of non-nuclear-weapon states 
other than the host country to sensitive nuclear technology 
associated with such facilities.
    (2) Any facilities within the territory of any nation or 
group of nations, under its jurisdiction, or under its control 
anywhere for the necessary short-term storage of fuel elements 
containing plutonium, uranium 233, or uranium enriched to 
greater than 20 percent in the isotope 235 prior to placement 
in a reactor or of irradiated fuel elements prior to transfer 
as required in subparagraph (1) shall be placed under effective 
international auspices and inspection.
    (c) Adequate physical security measures will be established 
and maintained with respect to all nuclear activities within 
the territory of each nation and group of nations, under its 
jurisdiction, or under its control anywhere, and with respect 
to any international shipment of significant quantities of 
source or special nuclear material or irradiated source or 
special nuclear material, which shall also be conducted under 
international safeguards.
    (d) Nothing in this section shall be interpreted to require 
international control or supervision of any United States 
military activities.

              renegotiation of agreements for cooperation

    Sec. 404.\25\ (a) The President shall initiate a program 
immediately to renegotiate agreements for cooperation in effect 
on the date of enactment of this Act, or otherwise to obtain 
the agreement of parties to such agreements for cooperation to 
the undertakings that would be required for new agreements 
under the 1954 Act. To the extent that an agreement for 
cooperation in effect on the date of enactment of this Act with 
a cooperating party contains provisions equivalent to any or 
all of the criteria set forth in section 127 of the 1954 Act 
with respect to materials and equipment transferred pursuant 
thereto or with respect to any special nuclear material used in 
or produced through the use of any such material or equipment, 
any renegotiated agreement with that cooperating party shall 
continue to contain an equivalent provision with respect to 
such transferred materials and equipment and such special 
nuclear material. To the extent that an agreement for 
cooperation in effect on the date of enactment of this Act with 
a cooperating party does not contain provisions with respect to 
any nuclear materials and equipment which have previously been 
transferred under an agreement for cooperation with the United 
States and which are under the jurisdiction or control of the 
cooperating party and with respect to any special nuclear 
material which is used in or produced through the use thereof 
and which is under the jurisdiction or control of the 
cooperating party, which are equivalent to any or all of those 
required for new and amended agreements for cooperation under 
section 123 a. of the 1954 Act, the President shall vigorously 
seek to obtain the application of such provisions with respect 
to such nuclear materials and equipment and such special 
nuclear material. Nothing in this Act or in the 1954 Act shall 
be deemed to relinquish any rights which the United States may 
have under any agreement for cooperation in force on the date 
of enactment of this Act.
---------------------------------------------------------------------------
    \25\ 42 U.S.C. 2153c.
---------------------------------------------------------------------------
    (b) The President shall annually review each of 
requirements (1) through (9) set forth for inclusion in 
agreements for cooperation under section 123 a. of the 1954 Act 
and the export policy goals set forth in section 401 to 
determine whether it is in the interest of United States non-
proliferation objectives for any such requirements or export 
policies which are not already being applied as export criteria 
to be enacted as additional export criteria.
    (c) If the President proposed enactment of any such 
requirements or export policies as additional export criteria 
or to take any other action with respect to such requirements 
or export policy goals for the purpose of encouraging adherence 
by nations and groups of nations to such requirements and 
policies, he shall submit such a proposal together with an 
explanation thereof to the Congress.
    (d) If the Committee on Foreign Relations of the Senate or 
the Committee on Foreign Affairs \26\ of the House of 
Representatives, after reviewing the President's annual report 
or any proposed legislation, determines that it is in the 
interest of the United States non-proliferation objectives to 
take any action with respect to such requirements or export 
policy goals, it shall report a joint resolution to implement 
such determination. Any joint resolution so reported shall be 
considered in the Senate and the House of Representatives, 
respectively, under applicable procedures provided for the 
consideration of resolutions pursuant to subsection 130 b. 
through g. of the 1954 Act.
---------------------------------------------------------------------------
    \26\ Sec. 15(g) of Public Law 103-437 (108 Stat. 4593) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat. 
186) provided that references to the Committee on Foreign Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on International Relations of the House of Representatives.
---------------------------------------------------------------------------

                    authority to continue agreements

    Sec. 405.\27\ (a) The amendments to section 123 of the 1954 
Act made by this Act shall not affect the authority to continue 
cooperation pursuant to agreements for cooperation entered into 
prior to the date of enactment of this Act.
---------------------------------------------------------------------------
    \27\ 42 U.S.C. 2153d.
---------------------------------------------------------------------------
    Nothing in this Act shall affect the authority to include 
dispute settlement provisions, including arbitration, in any 
agreement made pursuant to an Agreement for Cooperation.

                                 review

    Sec. 406.\28\ No court or regulatory body shall have any 
jurisdiction under any law to compel the performance of or to 
review the adequacy of the performance of any Nuclear 
Proliferation Assessment Statement, or any annexes thereto,\29\ 
called for in this Act or in the 1954 Act.
---------------------------------------------------------------------------
    \28\ 42 U.S.C. 2160a.
    \29\ Sec. 1225(e)(5) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-775) inserted ``, or any annexes thereto,'' after 
``Statement''.
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                     protection of the environment

    Sec. 407.\30\ The President shall endeavor to provide in 
any agreement entered into pursuant to section 123 of the 1954 
Act for cooperation between the parties in protecting the 
international environment from radioactive, chemical or thermal 
contamination arising from peaceful nuclear activities.
---------------------------------------------------------------------------
    \30\ 42 U.S.C. 2153e. Sec. 1913 of Public Law 95-630 (92 Stat. 
3727) provided:
    ``Sec. 1913. No environmental rule, regulation, or procedure shall 
become effective with regard to exports subject to the provisions of 22 
U.S.C. 3201 et seq., the Nuclear Non-Proliferation Act of 1978, until 
such time as the President has reported to Congress on the progress 
achieved pursuant to section 407 of the Act (42 U.S.C. 2153e) entitled 
`Protection of the Environment' which requires the President to seek to 
provide, in agreements required under the Act, for cooperation between 
the parties in protecting the environment from radioactive, chemical or 
thermal contaminations arising from peaceful nuclear activities.''.
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       TITLE V--UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES

                             policy; report

    Sec. 501.\31\ The United States shall endeavor to cooperate 
with other nations, international institutions, and private 
organizations in establishing programs to assist in the 
development of non-nuclear energy resources, to cooperate with 
both developing and industrialized nations in protecting the 
international environment from contamination arising from both 
nuclear and non-nuclear energy activities, and shall seek to 
cooperate with and aid developing countries in meeting their 
energy needs through the development of such resources and the 
application of non-nuclear technologies consistent with the 
economic factors, the material resources of those countries, 
and environmental protection. The United States shall 
additionally seek to encourage other industrialized nations and 
groups of nations to make commitments for similar cooperation 
and aid to developing countries. The President shall report 
annually to Congress on the level of other nations' and groups 
of nations' commitments under such program and the relation of 
any such commitments to United States efforts under this title. 
In cooperating with and providing such assistance to developing 
countries, the United States shall give priority to parties to 
the Treaty.
---------------------------------------------------------------------------
    \31\ 42 U.S.C. 3261.
---------------------------------------------------------------------------

                                programs

    Sec. 502.\32\ (a) The United States shall initiate a 
program, consistent with the aims of section 501, to cooperate 
with developing countries for the purpose of--
---------------------------------------------------------------------------
    \32\ 42 U.S.C. 3262.
---------------------------------------------------------------------------
          (1) meeting the energy needs required for the 
        development of such countries;
          (2) reducing the dependence of such countries on 
        petroleum fuels, with emphasis given to utilizing solar 
        and other renewable energy resources; and
          (3) expanding the energy alternatives to such 
        countries.
    (b) Such program shall include cooperation in evaluating 
the energy alternatives of developing countries, facilitating 
international trade in energy commodities, developing energy 
resources, and applying suitable energy technologies. The 
program shall include both general and country-specific energy 
assessments and co-operative projects in resource exploration 
and production, training, research and development.
    (c) As an integral part of such program, the Department of 
Energy, under the general policy guidance of the Department of 
State and in cooperation with the Agency for International 
Development and other Federal agencies as appropriate, shall 
initiate, as soon as practicable, a program for the exchange of 
United States scientists, technicians, and energy experts with 
those of developing countries to implement the purposes of this 
section.
    (d) For the purposes of carrying out this section, there is 
authorized to be appropriated such sums as are contained in 
annual authorization Acts for the Department of Energy, 
including such sums which have been authorized for such 
purposes under previous legislation.
    (e) Under the direction of the President, the Secretary of 
State shall ensure the coordination of the activities 
authorized by this title with other related activities of the 
United States conducted abroad, including the programs 
authorized by sections 103(c), 106(a)(2), and 119 of the 
Foreign Assistance Act of 1961.\33\
---------------------------------------------------------------------------
    \33\ For text, see Legislation on Foreign Relations Through 2001, 
vol. I-A. Sec. 119 of the Foreign Assistance Act of 1961 was repealed 
in 1980.
---------------------------------------------------------------------------

                                 report

    Sec. 503.\34\ Not later than twelve months after the date 
of enactment of this Act, the President shall report to the 
Congress on the feasibility of expanding the cooperative 
activities established pursuant to section 502(c) into an 
international cooperative effort to include a scientific peace 
corps designed to encourage large numbers of technically 
trained volunteers to live and work in developing countries for 
varying periods of time for the purpose of engaging in projects 
to aid in meeting the energy needs of such countries through 
the search for and utilization of indigenous energy resources 
and the application of suitable technology, including the 
widespread utilization of renewable and unconventional energy 
technologies. Such report shall also include a discussion of 
other mechanisms to conduct a coordinated international effort 
to develop, demonstrate, and encourage the utilization of such 
technologies in developing countries.
---------------------------------------------------------------------------
    \34\ 42 U.S.C. 3262 note.
---------------------------------------------------------------------------

                     TITLE VI--EXECUTIVE REPORTING

                        reports of the president

    Sec. 601.\35\ (a) The President shall review all activities 
of Government departments and agencies relating to preventing 
proliferation and shall make a report to Congress in January of 
1979 and annually in January of each year thereafter on the 
Government's efforts to prevent proliferation. This report 
shall include but not be limited to--
---------------------------------------------------------------------------
    \35\ 22 U.S.C. 3281.
---------------------------------------------------------------------------
          (1) a description of the progress made toward--
                  (A) negotiating the initiatives contemplated 
                in sections 104 and 105 of this Act;
                  (B) negotiating the international 
                arrangements or other mutual undertakings 
                contemplated in section 403 of this Act;
                  (C) encouraging non-nuclear-weapon states 
                that are not party to the Treaty to adhere to 
                the Treaty or, pending such adherence, to enter 
                into comparable agreements with respect to 
                safeguards and to foreswear the development of 
                any nuclear explosive devices, and discouraging 
                nuclear exports to non-nuclear-weapon states 
                which have not taken such steps;
                  (D) strengthening the safeguards of the IAEA 
                as contemplated in section 201 of this Act; and
                  (E) renegotiating agreements for cooperation 
                as contemplated in section 404(a) of this Act;
          (2) an assessment of the impact of the progress 
        described in paragraph (1) on the non-proliferation 
        policy of the United States; an explanation of the 
        precise reasons why progress has not been made on any 
        particular point and recommendations with respect to 
        appropriate measures to encourage progress; and a 
        statement of what legislative modifications, if any, 
        are necessary in his judgment to achieve the non-
        proliferation policy of the United States;
          (3) a determination as to which non-nuclear-weapon 
        states with which the United States has an agreement 
        for cooperation in effect or under negotiation, if any, 
        have--
                  (A) detonated a nuclear device; or
                  (B) refused to accept the safeguards of the 
                IAEA on all of their peaceful nuclear 
                activities; or
                  (C) refused to give specific assurances that 
                they will not manufacture or otherwise acquire 
                any nuclear explosive device; or
                  (D) engaged in activities involving source or 
                special nuclear material and having direct 
                significance for the manufacture or acquisition 
                of nuclear explosive devices;
          (4) an assessment of whether any of the policies set 
        forth in this Act have, on balance, been 
        counterproductive from the standpoint of preventing 
        proliferation; and
          (5) a description of the progress made toward 
        establishing procedures to facilitate the timely 
        processing of requests for subsequent arrangements and 
        export licenses in order to enhance the reliability of 
        the United States in meeting its commitments to supply 
        nuclear reactors and fuel to nations which adhere to 
        effective non-proliferation policies.
    (b) In the first report required by this section, the 
President shall analyze each civil agreement for cooperation 
negotiated pursuant to section 123 of the 1954 Act, and shall 
discuss the scope and adequacy of the requirements and 
obligations relating to safeguards and other controls therein.

                           additional reports

    Sec. 602.\36\ (a) The annual reports to the Congress by the 
Commission and the Department of Energy which are otherwise 
required by law shall also include views and recommendations 
regarding the policies and actions of the United States to 
prevent proliferation which are the statutory responsibility of 
those agencies. The Department's report shall include a 
detailed analysis of the proliferation implications of advanced 
enrichment and reprocessing techniques, advanced reactors, and 
alternative nuclear fuel cycles. This part of the report shall 
include a comprehensive version which includes any relevant 
classified information and a summary unclassified version.
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 3282.
---------------------------------------------------------------------------
    (b) The reporting requirements of this title are in 
addition to and not in lieu of any other reporting requirements 
under applicable law.
    (c) \37\ (1) The Department of State, the Department of 
Defense, the Department of Commerce, the Department of Energy, 
the Commission, and, with regard to subparagraph (B), the 
Director of Central Intelligence, shall keep the Committees on 
Foreign Relations and Governmental Affairs of the Senate and 
the Committee on International Relations of the House of 
Representatives fully and currently informed with respect to--
---------------------------------------------------------------------------
    \37\ Sec. 1131 of the National Security and Corporate Fairness 
under the Biological Weapons Convention Act (chapter 2 of title XI of 
H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113 (113 Stat. 1501) amended and restated subsec. (c). It formerly read 
as follows:
    ``(c) The Department of State, the Department of Defense, the 
Department of Commerce, the Department of Energy, and the Commission 
shall keep the Committees on Foreign Relations and Governmental Affairs 
of the Senate and the Committee on International Relations of the House 
of Representatives fully and currently informed with respect to their 
activities to carry out the purposes and policies of this Act and to 
otherwise prevent proliferation, and with respect to the current 
activities of foreign nations which are of significance from the 
proliferation standpoint.''.
    Sec. 1134 of that Act, furthermore, provided the following:
    ``SEC. 1134. PROVISION OF CERTAIN INFORMATION TO CONGRESS.
    ``(a) Requirement To Provide Information.--The head of each 
department and agency described in section 602(c) of the Nuclear Non-
Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide 
information to the chairman and ranking minority member of the 
Committee on Foreign Relations of the Senate and the Committee on 
International Relations of the House of Representatives in meeting the 
requirements of subsection (c) of (d) of section 602 of such Act.
    ``(b) Issuance of Directives.--Not later than February 1, 2000, the 
Secretary of State, the Secretary of Defense, the Secretary of 
Commerce, the Secretary of Energy, the Director of Central 
Intelligence, and the Chairman of the Nuclear Regulatory Commission 
shall issue directives, which shall provide access to information, 
including information contained in special access programs, to 
implement their responsibilities under subsections c) and (d) of 
section 602 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 
3282(c) and (d)). Copies of such directives shall be forwarded promptly 
to the Committee on Foreign Relations of the Senate and the Committee 
on International Relations of the House of Representatives upon the 
issuance of the directives.
---------------------------------------------------------------------------
          (A) their activities to carry out the purposes and 
        policies of this Act and to otherwise prevent 
        proliferation, including the proliferation of nuclear, 
        chemical, or biological weapons, or their means of 
        delivery; and
          (B) the current activities of foreign nations which 
        are of significance from the proliferation standpoint.
    (2) For the purposes of this subsection with respect to 
paragraph (1)(B), the phrase ``fully and currently informed'' 
means the transmittal of credible information not later than 60 
days after becoming aware of the activity concerned.
    (d) Any classified portions of the reports required by this 
Act shall be submitted to the Senate Foreign Relations 
Committee and the House International Relations Committee.
    (e) Three years after enactment of this Act, the 
Comptroller General shall complete a study and report to the 
Congress on the implementation and impact of this Act on the 
nuclear non-proliferation policies, purposes, and objectives of 
this Act. The Secretaries of State, Energy, Defense, and 
Commerce and the Commission \38\ shall cooperate with the 
Comptroller General in the conduct of the study. The report 
shall contain such recommendations as the Comptroller General 
deems necessary to support the nuclear non-proliferation 
policies, purposes, and objectives of this Act.
---------------------------------------------------------------------------
    \38\ Sec. 1225(e)(6)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-775) struck out ``and the Director'' at this 
point.
---------------------------------------------------------------------------
    (f) \39\ (1) The Secretary of Defense shall have access, on 
a timely basis, to all information regarding nuclear 
proliferation matters which the Secretary of State or the 
Secretary of Energy has or is entitled to have. Such access 
shall include access to all communications, materials, 
documents, and records relating to nuclear proliferation 
matters.
---------------------------------------------------------------------------
    \39\ Subsec. (f) was added by sec. 1370 of Public Law 99-661 (100 
Stat. 4004).
---------------------------------------------------------------------------
    (2) This subsection does not apply to any intradepartmental 
document of the Department of State or the Department of 
Energy, or any portion of such document, that is solely 
concerned with internal, confidential advice on policy 
concerning the conduct of interagency deliberations on nuclear 
proliferation matters.

                             saving clause

    Sec. 603.\40\ (a) All orders, determinations, rules, 
regulations, permits, contracts, agreements, certificates, 
licenses, and privileges--
---------------------------------------------------------------------------
    \40\ 42 U.S.C. 2153f.
---------------------------------------------------------------------------
          (1) which have been issued, made, granted, or allowed 
        to become effective in the exercise of functions which 
        are the subject of this Act, by (i) any agency or 
        officer, or part thereof, in exercising the functions 
        which are affected by this Act, or (ii) any court of 
        competent jurisdiction, and
          (2) which are in effect at the time this Act takes 
        effect,
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or repealed as the 
case may be, by the parties thereto or by any court of 
competent jurisdiction.
    (b) Nothing in this Act shall affect the procedures or 
requirements applicable to agreements for cooperation entered 
into pursuant to section 91 c., 144 b., or 144 c. of the 1954 
Act or arrangements pursuant thereto as it was in effect 
immediately prior to the date of enactment of this Act.
    (c) Except where otherwise provided, the provisions of this 
Act shall take effect immediately upon enactment regardless of 
any requirement for the promulgation of regulations to 
implement such provisions.
          (2) Functions Relating to Nuclear Non-Proliferation

Executive Order 12058, May 11, 1978, 43 F.R. 20947, 22 U.S.C. 3201 note

    By virtue of the authority vested in me by the Nuclear Non-
Proliferation Act of 1978 (Public Law 95-242, 92 Stat. 120, 22 
U.S.C. 3201) and the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2011 et seq.), and Section 301 of Title 3 of the United 
States Code, and as President of the United States of America, 
it is hereby ordered as follows:
    Section 1. Department of Energy. The following functions 
vested in the President by the Nuclear Non-Proliferation Act of 
1978 (92 Stat. 120, 22 U.S.C. 3201), hereinafter referred to as 
the Act, and by the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2011 et seq.), hereinafter referred to as the 1954 Act, 
are delegated or assigned to the Secretary of Energy:
    (a) That function vested by Section 402(b) of the Act (92 
Stat. 145, 42 U.S.C. 2153a).
    (b) Those functions vested by Sections 131a(2)(G), 131b(1), 
and 131f(2) of the 1954 Act (92 Stat. 127, 42 U.S.C. 2160).
    (c) That function vested by Section 131f(1)(A)(ii) of the 
1954 Act to the extent it relates to the preparation of a 
detailed generic plan.
    Sec. 2. Department of State. The Secretary of State shall 
be responsible for performing the following functions vested in 
the President:
    (a) Those functions vested by Sections 104(a), 104(d), 105, 
403, 404, 407, and 501 of the Act (92 Stat. 122, 123, 146, 147, 
and 22 U.S.C. 3223(a), 3223(d), 3224, and 42 U.S.C. 2153b, 
2153c, 2153e, and 22 U.S.C. 3261).
    (b) That function vested by Section 128a(2) of the 1954 Act 
(92 Stat. 137, 42 U.S.C. 2157(a)(2)).
    (c) That function vested by Section 601 of the Act to the 
extent it relates to the preparation of an annual report.
    (d) The preparation of timely information and 
recommendations related to the President's functions vested by 
Sections 126, 128b, and 129 of the 1954 Act (92 Stat. 131, 137, 
and 138, 42 U.S.C. 2155, 2157, and 2158).
    (e) That function vested by Section 131c of the 1954 Act 
(92 Stat. 129, 42 U.S.C. 2160(c)); except that, the Secretary 
shall not waive the 60-day requirement for the preparation of a 
Nuclear Non-Proliferation Assessment Statement for more than 60 
days without the approval of the President.
    Sec. 3. Department of Commerce. The Secretary of Commerce 
shall be responsible for performing the function vested in the 
President by Section 309(c) of the Act (92 Stat. 141, 42 U.S.C. 
2139a).
    Sec. 4. Coordination. In performing the functions assigned 
to them by this Order, the Secretary of Energy and the 
Secretary of State shall consult and coordinate their actions 
with each other and with the heads of other concerned agencies.
    Sec. 5. General Provisions. (a) Executive Order No. 11902 
of February 2, 1976, entitled ``Procures for an Export 
Licensing Policy as to Nuclear Materials and Equipment,'' is 
revoked.
    (b) The performance of functions under either the Act or 
the 1954 Act shall not be delayed pending the development of 
procedures, even though as many as 120 days are allowed for 
establishing them. Except where it would be inconsistent to do 
so, such functions shall be carried out in accordance with 
procedures similar to those in effect immediately prior to the 
effective date of the Act.
                     (3) Export of Nuclear Material

             (A) U.S. Exports of Low-Enriched Uranium Fuel

 Public Law 96-280 [S.J. Res. 89], 94 Stat. 550, approved June 18, 1980

   JOINT RESOLUTION Permitting the supply of additional low enriched 
  uranium fuel under international agreements for cooperation in the 
         civil uses of nuclear energy, and for other purposes.

Whereas the Nuclear Non-Proliferation Act of 1978 urges the 
    United States to provide a reliable supply of nuclear fuel 
    to those nations which adhere to policies designed to 
    prevent the proliferation of nuclear weapons; and
Whereas the United States, in order to achieve the goals of 
    that Act should be able to continue to supply low-enriched 
    uranium fuel to nations that have entered into good faith 
    negotiations as called for in section 404(a) of the Act; 
    and
Whereas pending such negotiations, limitations now contained in 
    certain agreements for cooperation on the amount of low-
    enriched uranium which may be supplied thereunder are 
    insufficient to permit adequate assurance of supplies: Now, 
    therefore, be it.
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Section 1.\1\ Limits contained in agreements for 
cooperation on the amount of low-enriched uranium which may be 
transferred by or exported from the United States pursuant 
thereto shall not be construed to preclude transfer or export 
of amounts of low-enriched uranium in excess of such limits to 
nations which are parties to the Treaty on the Non-
Proliferation of Nuclear Weapons.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2153c note.
---------------------------------------------------------------------------
    Sec. 2.\1\ (a) The terms used in this joint resolution 
shall have the meanings ascribed to them by the Atomic Energy 
Act of 1954 and by the Nuclear Non-Proliferation Act of 1978.
    (b) The term ``low-enriched uranium'' means uranium 
enriched to less than 20 per centum in the isotope 235.
     (B) Export of Special Nuclear Material and Components to India

  Executive Order 12218, June 19, 1980, 45 F.R. 41625, 42 U.S.C. 2155 
                                  note

    By the authority vested in me as President by the 
Constitution and statutes of the United States of America, 
including Section 126b. (2) of the Atomic Energy Act of 1954, 
as amended (42 U.S.C. 2155(b)(2)), and having determined that 
withholding the exports proposed pursuant to Nuclear Regulatory 
Commission export license applications XSNM-1379, XSNM-1569, 
XCOM-0240, XCOM-0250, XCOM-0376, XCOM-0381 and XCOM-0395, would 
be seriously prejudicial to the achievement of United States 
non-proliferation objectives and would otherwise jeopardize the 
common defense and security, those exports to India are 
authorized; however, such exports shall not occur for a period 
of 60 days as defined by Section 130 g. of the Atomic Energy 
Act of 1954, as amended (42 U.S.C. 2159(g)).
            (C) Export of Special Nuclear Material to India

 Executive Order 12055, April 27, 1978, 43 F.R. 18157, 42 U.S.C. 2155 
                                  note

    By virtue of the authority vested in me as President by the 
Constitution of the United States of America and by Section 
126b(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2155), as 
amended by Section 304(a) of the Nuclear Non-Proliferation Act 
of 1978 (Public Law 95-242, 92 Stat. 131), and having 
determined that withholding the export proposed pursuant to 
Nuclear Regulatory Commission export license application XSNM-
1060 would be seriously prejudicial to the achievement of the 
United States non-proliferation objectives, that export to 
India is authorized; however, such export shall not occur for a 
period of 60 days as defined by Section 130g of the Atomic 
Energy Act of 1954, as amended.
      (4) Department of Energy Act of 1978--Civilian Applications

Partial text of Public Law 95-238 [S. 1340], 92 Stat. 47 at 59 and 75, 
                       approved February 25, 1978

  AN ACT To authorize appropriations to the Department of Energy, for 
 energy research, development, and demonstration, and related programs 
  in accordance with section 261 of the Atomic Energy Act of 1954, as 
  amended, section 305 of the Energy Reorganization Act of 1974, and 
 section 16 of the Federal Non-Nuclear Energy Research and Development 
                  Act of 1974, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Department of Energy Act of 1978--
Civilian Applications''.
          * * * * * * *
    Sec. 203.\1\ The Secretary of Energy, in cooperation with 
the Secretary of State, shall report to the Committees on 
Science and Technology and International Relations of the House 
of Representatives and the Committees on Energy and Natural 
Resources and Foreign Relations of the Senate, within six 
months after the date of the enactment of this Act, on the 
effects of the April 20, 1977, message from the President of 
the United States, ``Establishing for the United States a 
Strong and Effective Nuclear Non-Proliferation Policy'', on 
nuclear research and development cooperative agreements. This 
report shall include impacts of the message and related 
initiatives through the promulgation, repeal, or modification 
of Executive orders, Presidential proclamation, treaties, other 
international agreements, and other pertinent documents of the 
President, the Executive Office of the President, the 
administrative agencies, and the departments, on cooperation 
between the United States and any other nation in the research, 
development, demonstration, and commercialization of all 
nuclear fission and nuclear fusion technologies. After the 
initial report, the Administrator shall report to such 
Committees on each subsequent major related initiative.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2429 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 208.\2\ (a) The Secretary of Energy shall--
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 5556a.
---------------------------------------------------------------------------
          (1) * * *
          (2) * * *
          (3) initiate and conduct a study involving the 
        prospects for applications of solar photovoltaic energy 
        systems for power generation in foreign countries, 
        particularly lesser developed countries, and the 
        potential for the exportation of these energy systems. 
        This study shall involve the cooperation of the 
        Department of State and the Department of Commerce, as 
        well as other Federal agencies which the Secretary of 
        Energy deems appropriate. A final report shall be 
        submitted to the Congress, as well as a preliminary 
        report within twelve months of the enactment of this 
        Act; and
          * * * * * * *
               o. Atomic Energy Act and Related Materials

               (1) Atomic Energy Act of 1954, as amended

Partial Text of Public Law 83-703 [H.R. 9757], 68 Stat. 919, approved 
    August 30, 1954; as amended by Public Law 84-337 [H.R. 7684], 69 
    Stat. 630, approved August 9, 1955; Public Law 84-722 [H.R. 11926], 
    70 Stat. 553, approved July 14, 1956; Public Law 84-1006 [S. 4203], 
    70 Stat. 1069, approved August 6, 1956; Public Law 85-14 [H.R. 
    5866], 71 Stat. 11, approved April 12, 1957; Public Law 85-79 [S. 
    2243], 71 Stat. 274, approved July 3, 1957; Public Law 85-162 [H.R. 
    8996], 71 Stat. 410, approved August 21, 1957; Public Law 85-177 
    [International Atomic Energy Participation Act of 1957; H.R. 8992], 
    71 Stat. 453, approved August 28, 1957; Public Law 85-256 [H.R. 
    7383], 71 Stat. 576, approved September 2, 1957; Public Law 85-287 
    [H.R. 8994], 71 Stat. 612, approved September 4, 1957; Public Law 
    85-479 [H.R. 12716], 72 Stat. 276, approved July 2, 1958; Public 
    Law 85-507 [Government Employees Training Act; S. 385], 72 Stat. 
    327, approved July 7, 1958; Public Law 85-602 [S. 4165], 72 Stat. 
    525, approved August 8, 1958; Public Law 85-681 [H.R. 13482], 72 
    Stat. 632, approved August 19, 1958; Public Law 85-744 [H.R. 
    13455], 72 Stat. 837, August 23, 1958; Public Law 86-43 [S. 1197], 
    73 Stat. 73, approved June 11, 1959; Public Law 86-50 [S. 2094], 73 
    Stat. 81, approved June 23, 1959; Public Law 86-300 [S. 2569], 73 
    Stat. 574, approved September 21, 1959; Public Law 86-373 [S. 
    2568], 73 Stat. 688, approved September 23, 1959; Public Law 87-206 
    [H.R. 8599], 75 Stat. 476, approved September 6, 1961; Public Law 
    87-615 [S. 3491], 76 Stat. 409, approved August 29, 1962; Public 
    Law 87-793 [Postal Service and Federal Employees Salary Act of 
    1962; H.R. 7927], 76 Stat. 832, approved October 11, 1962; Public 
    Law 88-72 [S. 1745], 77 Stat. 84, approved July 22, 1963; Public 
    Law 88-294 [S. 2448], 78 Stat. 172, approved March 26, 1964; Public 
    Law 88-394 [S. 2963], 78 Stat. 376, approved August 1, 1964; Public 
    Law 88-426 [Government Employees Salary Reform Act of 1964; H.R. 
    11049], 78 Stat. 423, approved August 14, 1964; Public Law 88-448 
    [Dual Compensation Act; H.R. 7381], 78 Stat. 484, approved August 
    19, 1964; Public Law 88-489 [Private Ownership of Special Nuclear 
    Materials Act; S. 3075], 78 Stat. 602, approved August 26, 1964; 
    Public Law 89-135 [H.R. 8856], 79 Stat. 551, approved August 24, 
    1965; Public Law 89-210 [S. 2042], 79 Stat. 855, approved September 
    29, 1965; Public Law 89-645 [S. 3830], 80 Stat. 891, approved 
    October 13, 1966; Public Law 90-190 [S. 2644], 81 Stat. 575, 
    approved December 14, 1967; Public Law 91-161 [S. 3169], 83 Stat. 
    444, approved December 24, 1969; Public Law 91-452 [Organized Crime 
    Control Act of 1970; S. 30], 84 Stat. 922, approved October 15, 
    1970; Public Law 91-560 [H.R. 18679], 84 Stat. 1472, approved 
    December 19, 1970; Public Law 92-84 [H.R. 9388], 85 Stat. 304, 
    approved August 11, 1971; Public Law 92-307 [H.R. 14655], 86 Stat. 
    191, approved June 2, 1972; Public Law 92-314 [S. 3607], 86 Stat. 
    227, approved June 16, 1972; Public Law 93-377 [S. 3669], 88 Stat. 
    472, approved August 17, 1974; Public Law 93-438 [Energy 
    Reorganization Act of 1974; H.R. 11510], 88 Stat. 1233, approved 
    October 11, 1974; Public Law 93-485 [S. 3698], 88 Stat. 1460, 
    approved October 26, 1974; Public Law 93-514 [S. 3802], 88 Stat. 
    1611, approved December 6, 1974; Public Law 94-197 [H.R. 8631], 89 
    Stat. 1111, approved Dec. 31, 1975; Public Law 95-110 [S. 1153], 91 
    Stat. 884, approved Sept. 20, 1977; Public Law 95-242 [Nuclear 
    Nonproliferation Act of 1978; H.R. 8638], 92 Stat. 120, approved 
    March 10, 1978; Public Law 95-601 [S. 2584], 92 Stat. 2947, 
    approved November 6, 1978; Public Law 95-604 [Uranium Mill Tailings 
    Radiation Control Act of 1978; H.R. 13650], 92 Stat. 3021, approved 
    November 8, 1978; Public Law 96-106 [Surface Transportation 
    Assistance Act of 1978; H.R. 4249], 93 Stat. 796, approved November 
    9, 1978; Public Law 96-295 [S. 562], 94 Stat. 780, approved June 
    30, 1980; Public Law 97-90 [Department of Energy National Security 
    and Military Applications of Nuclear Energy Authorization Act of 
    1982; H.R. 3413], 95 Stat. 1163, approved December 4, 1983; Public 
    Law 97-164 [Federal Courts Improvement Act; H.R. 4482], 96 Stat. 
    25, approved April 2, 1982; Public Law 97-415 [H.R. 2330], 96 Stat. 
    2067, approved January 4, 1983; Public Law 99-64 [Export 
    Administration Act of 1985; S. 883], 99 Stat. 120, approved July 
    12, 1985; Public Law 99-399 [Omnibus Diplomatic Security and 
    Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853, approved 
    August 27, 1986; Public Law 100-408 [Price-Anderson Amendments Act 
    of 1988; H.R. 1414], 102 Stat. 1066, approved August 20, 1988; 
    Public Law 101-189 [National Defense Authorization Act for Fiscal 
    Years 1990 and 1991; H.R. 2461], 103 Stat. 1352, approved November 
    29, 1989; Public Law 101-575 [Solar, Wind, Waste, and Geothermal 
    Power Production Incentives Act of 1990; H.R. 4808], 104 Stat. 
    2834, approved November 15, 1990; Public Law 102-484 [National 
    Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 
    Stat. 2315, approved October 23, 1992; Public Law 102-486 [Energy 
    Policy Act of 1992; H.R. 776], 106 Stat. 2776, approved October 24, 
    1992; Public Law 103-160 [National Defense Authorization Act for 
    Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 
    1993; Public Law 103-236 [Foreign Relations Authorization Act, 
    Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
    April 30, 1994; Public Law 103-337 [National Defense Authorization 
    Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved 
    October 5, 1994; Public Law 103-437 [U.S. Code Technical 
    Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; 
    Public Law 104-106 [National Defense Authorization Act for Fiscal 
    Year 1996; S. 1124], 110 Stat. 186, approved February 10, 1996; 
    Public Law 104-134 [USEC Privatization Act, subchapter A of chapter 
    1 of title III of the Omnibus Consolidated Rescissions and 
    Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321, approved 
    April 26, 1996; Public Law 104-184 [House of Representatives 
    Administrative Reform Technical Corrections Act; H.R. 2739], 110 
    Stat. 1718, approved August 20, 1996; Public Law 105-85 [National 
    Defense Authorization Act for Fiscal Year 1998; H.R. 1119], 111 
    Stat. 1629, approved November 18, 1997; Public Law 105-277 [Omnibus 
    Consolidated and Emergency Supplemental Appropriations Act, 1999; 
    H.R. 4328], 112 Stat. 2681, approved October 21, 1998; and by 
    Public Law 106-65 [National Defense Authorization Act for Fiscal 
    Year 2000; S. 1059], 113 Stat. 512, approved October 5, 1999


          Note.--The Atomic Energy Commission was abolished and 
        its functions were transferred to the Administrator of 
        the Energy Research and Development Administration, 
        except for any licensing or regulatory functions of the 
        Commission, which were transferred to the Nuclear 
        Regulatory Commission. See Public Law 93-438, 42 U.S.C. 
        5814 and 5841. The Energy Research and Development 
        Administration was terminated and functions vested by 
        law in the Administrator thereof were transferred to 
        the Secretary of Energy (unless otherwise specifically 
        provided). See Public Law 95-91, 42 U.S.C. 7151(a) and 
        7293.
          Certain functions of the Nuclear Regulatory 
        Commission were transferred to the Chairman thereof. 
        See Reorganization Plan No. 1 of 1980 (45 F.R. 40561; 
        94 Stat. 3585; 42 U.S.C. 5841 note).



  AN ACT To amend the Atomic Energy Act of 1946, as amended, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Atomic Energy Act of 1946, as amended, is amended to read as 
follows:

                       ATOMIC ENERGY ACT OF 1954

                       TITLE I--ATOMIC ENERGY \1\

             Chapter 1. Declaration, Findings, and Purpose

    Section 1.\2\ Declaration.--Atomic energy is capable of 
application for peaceful as well as military purposes. It is 
therefore declared to be the policy of the United States that--
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    \1\ Sec. 902(a)(8) of the Energy Policy Act of 1992 (Public Law 
102-486; 106 Stat. 2944) inserted title designation, and sec. 901 of 
that Act added ``Title II--United States Enrichment Corporation'' at 42 
U.S.C. 2297 et seq.
    \2\ 42 U.S.C. 2011.
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          a. the development, use, and control of atomic energy 
        shall be directed so as to make the maximum 
        contribution to the general welfare, subject at all 
        times to the paramount objective of making the maximum 
        contributions to the common defense and security; and
          b. the development, use, and control of atomic energy 
        shall be directed so as to promote world peace, improve 
        the general welfare, increase the standard of living, 
        and strengthen free competition in private enterprise.
    Sec. 2.\3\ Findings.--The Congress of the United States 
hereby makes the following findings concerning the development, 
use, and control of atomic energy:
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 2012. Sec. 20 of the Private Ownership of Special 
Nuclear Materials Act (Public Law 88-489; 78 Stat. 602) read as 
follows:
    ``Nothing in this Act shall be deemed to diminish existing 
authority of the United States, or of the Atomic Energy Commission 
under the Atomic Energy Act of 1954, as amended, to regulate source, 
byproduct, and special nuclear material and production and utilization 
facilities, or to control such materials and facilities exported from 
the United States by imposition of governmental guarantees and security 
safeguards with respect thereto, in order to assure the common defense 
and security and to protect the health and safety of the public, or to 
reduce the responsibility of the Atomic Energy Commission to achieve 
such objectives.''.
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    a. The development, utilization, and control of atomic 
energy for military and for all other purposes are vital to the 
common defense and security.
    c.\4\ The processing and utilization of source, byproduct, 
and special nuclear material affect interstate and foreign 
commerce and must be regulated in the national interest.
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    \4\ Sec. 1 of Public Law 88-489 (78 Stat. 602) deleted subsec. 2 b. 
Subsec. 2 b. read as follows:
    ``b. In permitting the property of the United States to be used by 
others, such use must be regulated in the national interest and in 
order to provide for the common defense and security and to protect the 
health and safety of the public.''.
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    d. The processing and utilization of source, byproduct, and 
special nuclear material must be regulated in the national 
interest and in order to provide for the common defense and 
security and to protect the health and safety of the public.
    e. Source and special nuclear material, production 
facilities, and utilization facilities are affected with the 
public interest, and regulation by the United States of the 
production and utilization of atomic energy and of the 
facilities used in connection therewith is necessary in the 
national interest to assure the common defense and security and 
to protect the health and safety of the public.
    f. The necessity for protection against possible interstate 
damage occurring from the operation of facilities for the 
production or utilization of source or special nuclear material 
places the operation of those facilities in interstate commerce 
for the purposes of this Act.
    g. Funds of the United States may be provided for the 
development and use of atomic energy under conditions which 
will provide for the common defense and security and promote 
the general welfare.
    i.\5\ In order to protect the public and to encourage the 
development of the atomic energy industry, in the interest of 
the general welfare and of the common defense and security, the 
United States may make funds available for a portion of the 
damages suffered by the public from nuclear incidents, and may 
limit the liability of those persons liable for such losses.
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    \5\ Sec. 2 of Public Law 88-489 (78 Stat. 602) deleted subsec. 2h. 
Subsec. 2h. read as follows:
    ``h. It is essential to the common defense and security that title 
to all special nuclear material be in the United States while such 
special material is within the United States.''.
    Sec. 1 of Public Law 88-256 (71 Stat. 576) (1957) added subsec. i.
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    Sec. 3.\6\ Purpose.--It is the purpose of this Act to 
effectuate the policies set forth above by providing for--
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 2013.
---------------------------------------------------------------------------
          a. a program of conducting, assisting, and fostering 
        research and development in order to encourage maximum 
        scientific and industrial progress;
          b. a program for the dissemination of unclassified 
        scientific and technical information and for the 
        control, dissemination, and declassification of 
        Restricted Data, subject to appropriate safeguards, so 
        as to encourage scientific and industrial progress;
          c.\7\ a program for Government control of the 
        possession, use, and production of atomic energy and 
        special nuclear material, whether owned by the 
        Government or others, so directed as to make the 
        maximum contributions to the common defense and 
        security and the national welfare, and to provide 
        continued assurance of the Government's ability to 
        enter into and enforce agreements with nations or 
        groups of nations for the control of special nuclear 
        materials and atomic weapons;
---------------------------------------------------------------------------
    \7\ Sec. 3 of Public Law 88-489 (78 Stat. 602) amended subsec. c. 
It formerly read:
    ``c. A program for Government control of the possession, use, and 
production of atomic energy and special nuclear material so directed as 
to make the maximum contribution to the common defense and security and 
the national welfare;''.
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          d. a program to encourage widespread participation in 
        the development and utilization of atomic energy for 
        peaceful purposes to the maximum extent consistent with 
        the common defense and security and with the health and 
        safety of the public;
          e. a program of international cooperation to promote 
        the common defense and security and to make peaceful 
        applications of atomic energy as widely as expanding 
        technology and considerations of the common defense and 
        security will permit; and
          f. a program of administration which will be 
        consistent with the foregoing policies and programs, 
        with international arrangements, and with agreements 
        for cooperation, which will enable the Congress to be 
        currently informed so as to take further legislative 
        action as may be appropriate.

                         Chapter 2. Definitions

    Sec. 11.\8\ Definitions.--The intent of Congress in the 
definitions as given in this section should be construed from 
the words or phrases used in the definitions. As used in this 
Act:
---------------------------------------------------------------------------
    \8\ 42 U.S.C. 2014.
---------------------------------------------------------------------------
    a. The term ``agency of the United States'' means the 
executive branch of the United States, or any Government 
agency, or the legislative branch of the United States, or any 
agency, committee, commission, office, or other establishment 
in the legislative branch, or the judicial branch of the United 
States, or any office, agency, committee, commission, or other 
establishment in the judicial branch.
    b. The term ``agreement for cooperation'' means any 
agreement with another nation or regional defense organization 
authorized or permitted by sections 54, 57, 64, 82, 91 c.,\9\ 
103, 104, or 144, and made pursuant to section 123.
---------------------------------------------------------------------------
    \9\ The reference to 91 c. was added by sec. 2 of Public Law 87-206 
(75 Stat. 475).
---------------------------------------------------------------------------
    c. The term ``atomic energy'' means all forms of energy 
released in the course of nuclear fission or nuclear 
transformation.
    d. The term ``atomic weapon'' means any device utilizing 
atomic energy, exclusive of the means for transporting or 
propelling the device (where such means is a separable and 
divisible part of the device), the principal purpose of which 
is for use as, or for development of, a weapon, a weapon 
prototype, or a weapon test device.
    e.\10\ The term ``byproduct material'' means (1) any 
radioactive material (except special nuclear material) yielded 
in or made radioactive by exposure to the radiation incident to 
the process of producing or utilizing special nuclear material, 
and (2) the tailings or wastes produced by the extraction or 
concentration of uranium or thorium from any ore processed 
primarily for its source material content.
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    \10\ Subsec. e. was amended and restated by sec. 201 of Public Law 
95-604 (92 Stat. 3033). The former definition of ``byproduct material'' 
included only the text found in phrase (1) of the current subsec. e.
---------------------------------------------------------------------------
    f. The term ``Commission'' means the Atomic Energy 
Commission.
    g. The term ``common defense and security'' means the 
common defense and security of the United States.
    h. The term ``defense information'' means any information 
in any category determined by any Government agency authorized 
to classify information, as being information respecting, 
relating to, or affecting the national defense.
    i. The term ``design'' means (1) specifications, plans, 
drawings, blueprints, and other items of like nature; (2) the 
information contained therein; or (3) the research and 
development data pertinent to the information contained 
therein.
    j.\11\ The term ``extraordinary nuclear occurrence'' means 
any event causing a discharge or dispersal of source, special 
nuclear, or byproduct material from its intended place of 
confinement in amounts offsite, or causing radiation levels 
offsite, which the Nuclear Regulatory Commission or the 
Secretary of Energy, as appropriate,\12\ determines to be 
substantial, and which the Nuclear Regulatory Commission or the 
Secretary of Energy, as appropriate,\12\ determines has 
resulted or will probably result in substantial damages to 
persons offsite or property offsite. Any determination by the 
Nuclear Regulatory Commission or the Secretary of Energy, as 
appropriate,\12\ that such an event has, or has not, occurred 
shall be final and conclusive, and no other official or any 
court shall have power or jurisdiction to review any such 
determination. The Nuclear Regulatory Commission or the 
Secretary of Energy, as appropriate,\12\ shall establish 
criteria in writing setting forth the basis upon which such 
determination shall be made. As used in this subsection, 
``offsite'' means away from ``the location'' or ``the contract 
location'' as defined in the applicable Nuclear Regulatory 
Commission or the Secretary of Energy, as appropriate,\12\ 
indemnity agreement, entered into pursuant to section 170.
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    \11\ Sec. 1 of Public Law 98-645 (80 Stat. 891) added subsecs. j 
and m.
    \12\ The text ``Nuclear Regulatory Commission or the Secretary of 
Energy, as appropriate,'' was inserted in lieu of ``Commission'' by 
sec. 16(b)(1) of Public Law 100-408 (102 Stat. 1079).
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    k.\13\ The term ``financial protection'' means the ability 
to respond in damages for public liability and to meet the 
costs of investigating and defending claims and settling suits 
for such damages.
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    \13\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. k.
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    l. The term ``Government agency'' means any executive 
department, commission, independent establishment, corporation, 
wholly or partly owned by the United States of America which is 
an instrumentality of the United States, or any board, bureau, 
division, service, office, officer, authority, administration, 
or other establishment in the executive branch of the 
Government.
    m.\11\ The term ``indemnitor'' means (1) any insurer with 
respect to his obligations under a policy of insurance 
furnished as proof of financial protection; (2) any licensee, 
contractor or other person who is obligated under any other 
form of financial protection, with respect to such obligations; 
and (3) the Nuclear Regulatory Commission or the Secretary of 
Energy, as appropriate,\12\ with respect to any obligation 
undertaken by it in an indemnity agreement entered into 
pursuant to section 170.
    n. The term ``international arrangement'' means any 
international agreement hereafter approved by the Congress or 
any treaty during the time such agreement or treaty is in full 
force and effect, but does not include any agreement for 
cooperation.
    o.\14\ The term ``Energy Committees'' means the Committee 
on Energy and Natural Resources of the Senate and the Committee 
on Energy and Commerce of the House of Representatives.
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    \14\ Sec. 15(f)(1) of Public Law 103-437 (108 Stat. 4592) amended 
sec. 11 o. It formerly referred to the Joint Committee on Atomic 
Energy. Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Energy and Commerce of the House of 
Representatives shall be treated as referring to the Committee on 
Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110 
Stat. 187) further provided that any reference in any provision of law 
enacted before January 4, 1995 to the House Committee on Energy and 
Commerce shall be treated as referring to (1) the Committee on 
Agriculture in the case of a provision relating to inspection of 
seafood or seafood products; (2) the Committee on Banking and Financial 
Services in the case of a provision relating to bank capital markets 
activities or depository institution securities; or (3) the Committee 
on Transportation and Infrastructure in the case of a provision 
relating to railroads and railway labor issues.
---------------------------------------------------------------------------
    p.\15\ The term ``licensed activity'' means an activity 
licensed pursuant to this Act and covered by the provisions of 
section 170 a.
---------------------------------------------------------------------------
    \15\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. p.
---------------------------------------------------------------------------
    q.\16\ The term ``nuclear incident'' means any occurrence, 
including an extraordinary nuclear occurrence \16\ within the 
United States causing, within or outside the United States, 
bodily injury, sickness, disease, or death, or loss of or 
damage to property, or loss of use of property, arising out of 
or resulting from the radioactive, toxic, explosive, or other 
hazardous properties of source, special nuclear, or byproduct 
material: Provided, however, That as the term is used in 
section \17\ 170 l., it shall include any such occurrence 
outside the United States: And provided further, That as the 
term is used in section \17\ 170 d., it shall include any such 
occurrence outside the United States if such occurrence 
involves source, special nuclear, or byproduct material \18\ 
owned by, and used by or under contract with, the United 
States: And provided further, That as the term is used in 
section \17\ 170 c., it shall include any such occurrence 
outside both the United States and any other nation if such 
occurrence arises out of or results from the radioactive, 
toxic, explosive, or other hazardous properties of source, 
special nuclear, or byproduct material licensed pursuant to 
chapters 6, 7, 8, and 10 of this Act which is used in 
connection with the operation of a licensed stationary 
production or utilization facility or which moves outside the 
territorial limits of the United States in transit from one 
person licensed by the Nuclear Regulatory Commission \19\ to 
another person licensed by the Nuclear Regulatory 
Commission.\18\, \19\
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    \16\ Originally added as subsec. o. by sec. 3 of Public Law 85-256 
(71 Stat. 576), and subsequently amended and restated by sec. 4 of 
Public Law 87-615 (76 Stat. 409). Previously, this subsec. read:
    ``o. The term `nuclear incident' means any occurrence within the 
United States causing bodily injury, sickness, disease, or death, or 
loss of or damage to property, or for loss of use of property, arising 
out of or resulting from the radioactive, toxic, explosive, or other 
hazardous properties of source, special nuclear, or byproduct material: 
Provided, however, That as the term is used in subsection 170 l., it 
shall mean any such occurrence outside of the United States rather than 
within the United States.''.
    Sec. 1 of Public Law 89-645 (80 Stat. 891) redesignated subsec o. 
as ``q.'' and inserted the text, ``including an extraordinary nuclear 
occurrence''.
    \17\ Sec. 16(d)(1) of Public Law 100-408 (102 Stat. 1079) inserted 
``section'' in lieu of ``subsection''.
    \18\ Sec. 1 of Public Law 94-197 (89 Stat. 1111) substituted 
``source, special nuclear, or byproduct material'' for ``a facility or 
device'' in the second proviso and added the third proviso.
    \19\ The words ``Nuclear Regulatory Commission'' were inserted in 
lieu of ``Commission'' by sec. 16(a)(1) of Public Law 100-408 (102 
Stat. 1079).
---------------------------------------------------------------------------
    r. The term ``operator'' means any individual who 
manipulates the controls of a utilization or production 
facility.
    s. The term ``person'' means (1) any individual, 
corporation, partnership, firm, association, trust, estate, 
public or private institution, group, Government agency, other 
than the Commission, any State or any political subdivision of, 
or any political entity within a State, any foreign government 
or nation or any political subdivision of any such government 
or nation, or other entity; and (2) any legal successor, 
representative, agent, or agency of the foregoing.
    t.\20\ The term ``person indemnified'' means (1) with 
respect to a nuclear incident occurring within the United 
States or outside the United States as the term is used in 
section \21\ 170 c., and with respect to any other nuclear 
incident in connection with the design, development, 
construction, operation, repair, maintenance, or use of the 
nuclear ship Savannah, the person with whom an indemnity 
agreement is executed or who is required to maintain financial 
protection, and any other person who may be liable for public 
liability or (2) with respect to any other nuclear incident 
occurring outside the United States, the person with whom an 
indemnity agreement is executed and any other person who may be 
liable for public liability by reason of his activities under 
any contract with the Secretary of Energy \22\ or any project 
to which indemnification under the provisions of section \21\ 
170 d. has been extended or under any subcontract, purchase 
order or other agreement, of any tier, under any such contract 
or project.
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    \20\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. t. 
Subsequently, sec. 5 of Public Law 87-615 (76 Stat. 409) and sec. 1 of 
Public Law 94-197 (89 Stat. 1111) amended the subsection.
    \21\ Sec. 16(d)(2) of Public Law 100-408 (102 Stat. 1079) inserted 
``section'' in lieu of ``subsection''.
    \22\ Sec. 16(b)(2) of Public Law 100-408 (102 Stat. 1079), inserted 
the words ``Secretary of Energy'' in lieu of ``Commission''.
---------------------------------------------------------------------------
    u. The term ``produce'', when used in relation to special 
nuclear material, means (1) to manufacture, make, produce, or 
refine special nuclear material; (2) to separate special 
nuclear material from other substances in which such material 
may be contained; or (3) to make or to produce new special 
nuclear material.
    v. The term ``production facility'' means (1) any equipment 
or device determined by rule of the Commission to be capable of 
the production of special nuclear material in such quantity as 
to be of significance to the common defense and security, or in 
such manner as to affect the health and safety of the public; 
or (2) any important component part especially designed for 
such equipment or device as determined by the Commission. 
Except with respect to the export of a uranium enrichment 
production facility,\23\ such term as used in chapters 10 and 
16 shall not include any equipment or device (or important 
component part especially designed for such equipment or 
device) capable of separating the isotopes of uranium or 
enriching uranium in the isotope 235.\24\
---------------------------------------------------------------------------
    \23\ Sec. 3116(b) of the USEC Privatization Act (subchapter A, 
chapter 1, title III of Public Law 104-134; 110 Stat. 1321-349) struck 
out ``or the construction and operation of a uranium enrichment 
production facility using Atomic Vapor Laser Isotope Separation 
technology'' following ``facility''.
    \24\ Last sentence amended and restated by sec. 1102 of the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2955). Formerly read 
as following, as added by sec. 5 of Public Law 101-575 (104 Stat. 
2835): ``Except with respect to the export of a uranium enrichment 
production facility, such term as used in chapters 10 and 16 shall not 
include any equipment or device (or important component part especially 
designed for such equipment or device) capable of separating the 
isotopes of uranium or enriching uranium in the isotope 235.''.
---------------------------------------------------------------------------
    w.\25\ The term ``public liability'' means any legal 
liability arising out of or resulting from a nuclear incident 
or precautionary evacuation (including all reasonable 
additional costs incurred by a State, or a political 
subdivision of a State, in the course of responding to a 
nuclear incident or a precautionary evacuation),\26\ except: 
(i) claims under State or Federal workmen's compensation acts 
of employees of persons indemnified who are employed at the 
site of and in connection with the activity where the nuclear 
incident occurs; (ii) claims arising out of an act of war; and 
(iii) whenever used in subsections a., c., and k. of 170,\27\ 
claims for loss of, or damage to, or loss of use of property 
which is located at the site of and used in connection with the 
licensed activity which the nuclear incident occurs. ``Public 
liability'' also includes damage to property of persons 
indemnified: Provided, That such property is covered under the 
terms of the financial protection required, except property 
which is located at the site of and used in connection with the 
activity where the nuclear incident occurs.
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    \25\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. w. 
Subsec. w. was subsequently amended by Public Law 87-206 (75 Stat. 475) 
(1961). Previously, subsec. w. read:
    ``The term `public liability' means any legal liability arising out 
or resulting from a nuclear incident, except claims under State or 
Federal Workmen's Compensation Acts of employees or persons indemnified 
who are employed at the site of and in connection with the activity 
where the nuclear incident occurs, and except for claims arising out of 
an act of war. `Public liability' also includes damage to property of 
persons indemnified: Provided, That such property is covered under the 
terms of the financial protection required, except property which is 
located at the site of and used in connection with the activity where 
the nuclear incident occurs.''
    \26\ The words to this point, following ``nuclear incident'' the 
first place it appears, were added by sec. 4(b) of Public Law 100-408 
(102 Stat. 1069).
    \27\ Sec. 16(d)(3) of Public Law 100-408 (102 Stat. 1080), inserted 
``subsections a., c., and k. of 170'' in lieu of ``subsections 170 a., 
c., and k.''.
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    x. The term ``research and development'' means (1) 
theoretical analysis, exploration, or experimentation; or (2) 
the extension of investigative findings and theories of a 
scientific or technical nature into practical application for 
experimental and demonstration purposes, including the 
experimental production and testing of models, devices, 
equipment, materials, and processes.
    y. The term ``Restricted Data'' means all data concerning 
(1) design, manufacture, or utilization of atomic weapons; (2) 
the production of special nuclear material; or (3) the use of 
special nuclear material in the production of energy, but shall 
not include data declassified or removed from the Restricted 
Data category pursuant to section 142.
    z. The term ``source material'' means (1) uranium, thorium, 
or any other material which is determined by the Commission 
pursuant to the provisions of section 61 to be source material; 
or (2) ores containing one or more of the foregoing materials, 
in such concentration as the Commission may by regulation 
determine from time to time.
    aa. The term ``special nuclear material'' means (1) 
plutonium, uranium enriched in the isotope 233 or in the 
isotope 235, and any other material which the Commission, 
pursuant to the provisions of section 51, determines to be 
special nuclear material, but does not include source material; 
or (2) any material artificially enriched by any of the 
foregoing, but does not include source material.
    bb.\28\ The term ``United States'' when used in a 
geographical sense includes all Territories and possessions of 
the United States, the Canal Zone and Puerto Rico.
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    \28\ Sec. 1 of Public Law 84-1006 (70 Stat. 1069) amended this 
definition, which previously read:
    ``The term `United States', when used in a geographical sense, 
includes all Territories and possessions of the United States, and the 
Canal Zone.''.
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    cc. The term ``utilization facility'' means (1) any 
equipment or device, except an atomic weapon, determined by 
rule of the Commission to be capable of making use of special 
nuclear material in such quantity as to be of significance to 
the common defense and security, or in such manner as to affect 
the health and safety of the public, or peculiarly adapted for 
making use of atomic energy in such quantity as to be of 
significance to the common defense and security, or in such 
manner as to affect the health and safety of the public; or (2) 
any important component part especially designed for such 
equipment or device as determined by the Commission.
    dd.\29\ The terms ``high-level radioactive waste'' and 
``spent nuclear fuel'' have the meanings given such terms in 
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101).
---------------------------------------------------------------------------
    \29\ Subsecs. dd., ee., and ff. were added by sec. 4(b) of Public 
Law 100-408 (102 Stat. 1069).
---------------------------------------------------------------------------
    ee.\29\ The term ``transuranic waste'' means material 
contaminated with elements that have an atomic number greater 
than 92, including neptunium, plutonium, americium, and curium, 
and that are in concentrations greater that 10 nanocuries per 
gram, or in such other concentrations as the Nuclear Regulatory 
Commission may prescribe to protect the public health and 
safety.
    ff.\29\ The term ``nuclear waste activities'', as used in 
section 170, means activities subject to an agreement of 
indemnification under subsection d. of such section, that the 
Secretary of Energy is authorized to undertake, under this Act 
or any other law, involving research and development on, spent 
nuclear fuel, high-level radioactive waste, or transuranic 
waste, including (but not limited to) activities authorized to 
be carried out under the Waste Isolation Pilot Project under 
section 213 of Public Law 96-164 (93 Stat. 1265).
    gg.\30\ The term ``precautionary evacuation'' means an 
evacuation of the public within a specified area near a nuclear 
facility, or the transportation route in the case of an 
accident involving transportation of source material, special 
nuclear material, byproduct material, high-level radioactive 
waste, spent nuclear fuel, or transuranic waste to or from a 
production or utilization facility, if the evacuation is--
---------------------------------------------------------------------------
    \30\ Subsec. gg. was added by sec. 5(b) of Public Law 100-408 (102 
Stat. 1070).
---------------------------------------------------------------------------
          (1) the result of any event that is not classified as 
        a nuclear incident but that poses imminent danger of 
        bodily injury or property damage from the radiological 
        properties of source material, special nuclear 
        material, byproduct material, high level radioactive 
        waste, spent nuclear fuel, or transuranic waste, and 
        causes an evacuation; and
          (2) initiated by an official of a State or a 
        political subdivision of a State, who is authorized by 
        State law to initiate such an evacuation and who 
        reasonably determined that such an evacuation was 
        necessary to protect the public health and safety.
    hh.\31\ The term ``public liability action'', as used in 
section 170, means any suit asserting public liability. A 
public liability action shall be deemed to be an action arising 
under section 170, and the substantive rules for decision in 
such action shall be derived from the law of the State in which 
the nuclear incident involved occurs, unless such law is 
inconsistent with the provisions of such section.
---------------------------------------------------------------------------
    \31\ Subsec. hh. was added by sec. 11(b) of Public Law 100-408 (102 
Stat. 1076).
---------------------------------------------------------------------------
    jj.\32\ Legal Costs.--As used in section 170, the term 
``legal costs'' means the costs incurred by a plaintiff or a 
defendant in initiating, prosecuting, investigating, settling, 
or defending claims or suits for damage arising under such 
section.
---------------------------------------------------------------------------
    \32\ Subsec. jj. was added by sec. 11(d)(2) of Public Law 100-408 
(102 Stat. 1078).
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                      Chapter 3. Organization \33\

          * * * * * * *

                  Chapter 6. Special Nuclear Material

    Sec. 51.\34\ Special Nuclear Material.--The Commission may 
determine from time to time that other material is special 
nuclear material in addition to that specified in the 
definition as special nuclear material. Before making any such 
determination, the Commission must find that such material is 
capable of releasing substantial quantities of atomic energy 
and must find that the determination that such material is 
special nuclear material is in the interest of the common 
defense and security, and the President must have expressly 
assented in writing to the determination. The Commission's 
determination, together with the assent of the President, shall 
be submitted to the Energy Committees \35\ and a period of 
thirty days shall elapse while Congress is in session (in 
computing such thirty days, there shall be excluded the days on 
which either House is not in session because of an adjournment 
for more than three days) before the determination of the 
Commission may become effective: Provided, however, That the 
Energy Committees,\35\ after having received such 
determination, may be resolution in writing, waive the 
conditions of or all or any portion of such thirty-day period.
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    \33\ Sec. 104(a) of the Energy Reorganization Act of 1974 (Public 
Law 93-438; 88 Stat. 1237; 42 U.S.C. 5801-5891) repealed sections 21 
and 22 (42 U.S.C. 2031 and 2032) of ch. 3, abolishing the Atomic Energy 
Commission created thereunder and vesting its licensing and related 
regulatory authority of facilities under chapters 6, 7, 8, and 10 in a 
new Nuclear Regulatory Commission and transferring all its other 
functions to a new Energy Research and Development Administration. All 
functions of the Energy Research and Development Administration were 
subsequently transferred to the Department of Energy which was 
established, effective October 1, 1977, pursuant to the Department of 
Energy Organization Act (91 Stat. 569) and Executive Order 12009 of 
September 13, 1977. See boxnote on page 1820.
    \34\ 42 U.S.C. 2071.
    \35\ Sec. 15(f)(2) of Public Law 103-437 (108 Stat. 4592) struck 
out ``Joint Committee'' and inserted in lieu thereof ``Energy 
Committees''.
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          * * * * * * *
    Sec. 54.\36\ Foreign Distribution of Special Nuclear 
Material.--a. The Commission is authorized to cooperate with 
any nation or group of nations by distributing special nuclear 
material and to distribute such special nuclear material, 
pursuant to the terms of an agreement for cooperation to which 
such nation or group of nations is a party and which is made in 
accordance with section 123. Unless hereafter otherwise 
authorized by law the Commission shall be compensated for 
special nuclear material so distributed at not less than the 
Commission's published charges applicable to the domestic 
distribution of such material, except that the Commission to 
assist and encourage research on peaceful uses or for medical 
therapy may so distribute without charge during any calendar 
year only a quantity of such material which at the time of 
transfer does not exceed in value $10,000 in the case of one 
nation or $50,000 in the case of any group of nations. The 
Commission may distribute to the International Atomic Energy 
Agency, or to any group of nations, only such amounts of 
special nuclear materials and for such period of time as are 
authorized by Congress: Provided, however, That, (i) 
notwithstanding this provision, the Commission is hereby 
authorized, subject to the provisions of section 123, to 
distribute to the Agency five thousand kilograms of contained 
uranium-235, five hundred grams of uranium-233, and three 
kilograms of plutonium, together with the amounts of special 
nuclear material which will match in amount the sum of all 
quantities of special nuclear materials made available by all 
other members of the Agency to June 1, 1960; and (ii) 
notwithstanding the foregoing provisions of this subsection, 
the Commission may distribute to the International Atomic 
Energy Agency, or to any group of nations, such other amounts 
of special nuclear materials and for such other periods of time 
as are established in writing by the Commission: Provided, 
however, That before they are established by the Commission 
pursuant to this subdivision (ii), such proposed amounts and 
periods shall be submitted to the Congress and referred to the 
Energy Committees \37\ and a period of sixty days shall elapse 
while Congress is in session (in computing such sixty days, 
there shall be excluded the days on which either House is not 
in session because of an adjournment of more than three days): 
And provided further, That any such proposed amounts and 
periods shall not become effective if during such sixty-day 
period the Congress passes a concurrent resolution stating in 
substance that it does not favor the proposed action: And 
provided further, That prior to the elapse of the first thirty 
days of any such sixty-day period the Energy Committees shall 
submit to their respective houses reports of their views \38\ 
and recommendations respecting the proposed amounts and periods 
and an accompanying proposed concurrent resolution stating in 
substance that the Congress favors, or does not favor, as the 
case may be, the proposed amounts or periods. The Commission 
may agree to repurchase any special nuclear material 
distributed under a sale arrangement pursuant to this 
subsection which is not consumed in the course of the 
activities conducted in accordance with the agreement for 
cooperation, or any uranium remaining after irradiation of such 
special nuclear material, at a repurchase price not to exceed 
the Commission's sale price for comparable special nuclear 
material or uranium in effect at the time of delivery of such 
material to the Commission. The Commission may also agree to 
purchase, consistent with and within the period of the 
agreement for cooperation, special nuclear material produced in 
a nuclear reactor located outside the United States through the 
use of special nuclear material which was leased or sold 
pursuant to this subsection. Under any such agreement the 
Commission shall purchase only such material as is delivered to 
the Commission during any period when there is in effect a 
guaranteed purchase price for the same material produced in a 
nuclear reactor by a person licensed under section 104, 
established by the Commission pursuant to section 56, and the 
price to be paid shall be the price so established by the 
Commission and in effect for the same material delivered to the 
Commission.
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    \36\ 42 U.S.C. 2074. Sec. 54 was amended and restated by sec. 2 of 
Public Law 93-377 (88 Stat. 472).
    \37\ Sec. 15(f)(3)(A) of Public Law 103-437 (108 Stat. 4592) struck 
out ``Joint Committee'' and inserted in lieu thereof ``Energy 
Committees''.
    \38\ Sec. 15(f)(3)(A) of Public Law 103-437 (108 Stat. 4592) struck 
out ``Joint Committee shall submit a report to the Congress of its 
views'', and inserted in lieu thereof ``Energy Committees shall submit 
to their respective houses reports of their views''.
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    b. Notwithstanding the provisions of sections 123, 124, and 
125, the Commission is authorized to distribute to any person 
outside the United States (1) plutonium containing 80 per 
centum or more by weight of plutonium-238, and (2) other 
special nuclear material when it has, in accordance with 
subsection 57 d., exempted certain classes or quantities of 
such other special nuclear material or kinds of uses or users 
thereof from the requirements for a license set forth in this 
chapter. Unless hereafter otherwise authorized by law, the 
Commission shall be compensated for special nuclear material so 
distributed at not less than the Commission's published charges
applicable to the domestic distribution of such material. The 
Commission shall not distribute any plutonium containing 80 per 
centum or more by weight of plutonium-238 to any person under 
this subsection if, in its opinion, such distribution would be 
inimical to the common defense and security. The Commission may 
require such reports regarding the use of material distributed 
pursuant to the provisions of this subsection as it deems 
necessary.
    c. The Commission is authorized to license or otherwise 
permit others to distribute special nuclear material to any 
person outside the United States under the same conditions, 
except as to charges, as would be applicable if the material 
were distributed by the Commission.
    d.\39\ The authority to distribute special nuclear material 
under this section other than under an export license granted 
by the Nuclear Regulatory Commission shall extend only to the 
following small quantities of special nuclear material (in no 
event more than five hundred grams per year of the uranium 
isotope 233, the uranium isotope 235, or plutonium contained in 
special nuclear material to any recipient):
---------------------------------------------------------------------------
    \39\ Subsec. d. was added by sec. 301(a) of the Nuclear Non-
Proliferation Act of 1978 (92 Stat. 125).
---------------------------------------------------------------------------
          (1) which are contained in laboratory samples, 
        medical devices, or monitoring or other instruments; or
          (2) the distribution of which is needed to deal with 
        an emergency situation in which time is of the essence.
    e.\40\ The authority in this section to commit United 
States funds for any activities pursuant to any subsequent 
arrangement under section 131 a. (2)(E) shall be subject to the 
requirements of section 131.
---------------------------------------------------------------------------
    \40\ Subsec. e. was added by sec. 303(b)(1) of the Nuclear Non-
Proliferation Act of 1978 (92 Stat. 131).
---------------------------------------------------------------------------
    Sec. 55.\41\ Acquisition.--The Commission is authorized, to 
the extent it deems necessary to effectuate the provisions of 
this Act, to purchase without regard to the limitations in 
section 54 or any guaranteed purchase prices established 
pursuant to section 56, and to take, requisition, condemn, or 
otherwise acquire any special nuclear material or any interest 
therein. Any contract of purchase made under this section may 
be made without regard to the provisions of section 3709 of the 
Revised Statutes, as amended, upon certification by the 
Commission that such action is necessary in the interest of the 
common defense and security, or upon a showing by the 
Commission that advertising is not reasonably practicable. 
Partial and advance payments may be made under contracts for 
such purposes. Just compensation shall be made for any right, 
property, or interest in property taken, requisitioned, or 
condemned under this section: Provided, That the authority in 
this section to commit United States funds for any activities 
pursuant to any subsequent arrangements under section 131 a. 
(2)(E) shall be subject to the requirements of section 131.\42\
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    \41\ 42 U.S.C. 2075. Sec. 10 of Public Law 88-489 (78 Stat. 602) 
amended and restated sec. 55. Sec. 55 previously read as follows:
    ``Sec. 55. Acquisition.--The Commission is authorized to purchase 
or otherwise acquire any special nuclear material or any interest 
therein outside the United States without regard to the provisions of 
section 3709 of the Revised Statutes, as amended, upon certification by 
the Commission that such action is necessary in the interest of the 
common defense and security, or upon a showing by the Commission that 
advertising is not reasonably practicable. Partial and advance payments 
may be made under contracts for such purposes.''.
    \42\ Sec. 303(b)(2) of the Nuclear Non-Proliferation Act of 1978 
(92 Stat. 131) added the proviso clause.
---------------------------------------------------------------------------
    Sec. 56.\43\ Guaranteed Purchase Prices.--The Commission 
shall establish guaranteed purchase prices for plutonium 
produced in a nuclear reactor by a person licensed under 
section 104 and delivered to the Commission before January 1, 
1971. The Commission shall also establish for such periods of 
time as it may deem necessary but not to exceed ten years as to 
any such period, guaranteed purchase prices for uranium 
enriched in the isotope 233 produced in a nuclear reactor by a 
person licensed under section 103 \44\ or section 104 and 
delivered to the Commission within the period of the guarantee. 
Guaranteed purchase prices established under the authority of 
this section shall not exceed the Commission's determination of 
the estimated value of plutonium or uranium enriched in the 
isotope 233 as fuel in nuclear reactors, and such prices shall 
be established on a nondiscriminatory basis: Provided, That the 
Commission is authorized to establish such guaranteed purchase 
prices only for such plutonium or uranium enriched in the 
isotope 233 as the Commission shall determine is produced 
through the use of special nuclear material which was leased or 
sold by the Commission pursuant to section 53.
---------------------------------------------------------------------------
    \43\ 42 U.S.C. 2076. Sec. 11 of Public Law 88-489 (78 Stat. 602) 
amended and restated sec. 56. Sec. 56 previously read as follows:
    ``Sec. 56. Fair Price.--In determining the fair price to be paid by 
the Commission pursuant to section 52 for the production of any special 
nuclear material, the Commission shall take into consideration the 
value of the special nuclear material for its intended use by the 
United States and may give such weight to the actual cost of producing 
that material as the Commission finds to be equitable. The fair price, 
as may be determined by the Commission, shall apply to all licensed 
producers of the same material: Provided, however, That the Commission 
may establish guaranteed fair prices for all special nuclear material 
delivered to the Commission for such period of time as it may deem 
necessary not to exceed seven years.''.
    \44\ Public Law 91-500 (84 Stat. 1472) (1970), sec. 2, added 
``section 103 or'' to this sentence.
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    Sec. 57.\45\ Prohibition.--
---------------------------------------------------------------------------
    \45\ 42 U.S.C. 2077. Sec. 12 of Public Law 88-489 (78 Stat. 602) 
amended and restated sec. 57. Sec. 57 previously read as follows:
    ``Sec. 57. Prohibition.--
    ``a. It shall be unlawful for any person to--
    ``(1) possess or transfer any special nuclear material which is the 
property of the United States except as authorized by the Commission 
pursuant to subsec. 53 a.;
    ``(2) transfer or receive any special nuclear material in 
interstate commerce except as authorized by the Commission pursuant to 
subsection 25 a., or export from or import into the United States any 
special nuclear material; and
    ``(3) directly or indirectly engage in the production of any 
special nuclear material outside of the United States except (A) under 
an agreement for cooperation made pursuant to section 123, or (B) upon 
authorization by the Commission after a determination that such 
activity will not be inimical to the interest of the United States.
    ``b. The Commission shall not distribute any special nuclear 
material--
    ``(1) to any person for a use which is not under the jurisdiction 
of the United States except pursuant to the provisions of section 54; 
or
    ``(2) to any person within the United States, if the Commission 
finds that the distribution of such special nuclear material to such 
person would be inimical to the common defense and security.''.
---------------------------------------------------------------------------
    a. Unless authorized by a general or specific license 
issued by the Commission, which the Commission is authorized to 
issue pursuant to section 53, no person may transfer or receive 
in interstate commerce, transfer, deliver, acquire, own, 
possess, receive possession of or title to, or import into or 
export from the United States any special nuclear material.
    b.\46\ It shall be unlawful for any person to directly or 
indirectly engage in the production of any special nuclear 
material outside of the United States except (1) as 
specifically authorized under an agreement for cooperation made 
pursuant to section 123, including a specific authorization in 
a subsequent arrangement under section 131 of this Act, or (2) 
upon authorization by the Secretary of Energy after a 
determination that such activity will not be inimical to the 
interest of the United States: Provided, That any such 
determination by the Secretary of Energy shall be made only 
with the concurrence of the Department of State and after 
consultation with the \47\ Nuclear Regulatory Commission, the 
Department of Commerce, and the Department of Defense. The 
Secretary of Energy shall, within ninety days after the 
enactment of the Nuclear Non-Proliferation Act of 1978, 
establish orderly and expeditious procedures,\48\ including 
provision for necessary administrative actions and inter-agency 
memoranda of understanding, which as mutually agreeable to the 
Secretaries of State, Defense, and Commerce,\49\ and the 
Nuclear Regulatory Commission for the consideration of requests 
for authorization under this subsection. Such procedures shall 
include, at a minimum explicit direction on the handling of 
such requests, express deadlines for the solicitation and 
collection of the views of the consulted agencies (with 
identified officials responsible for meeting such deadlines), 
an interagency coordinating authority to monitor the processing 
of such requests, predetermined procedures for the expeditious 
handling of intra-agency and inter-agency disagreements and 
appeals to higher authorities, frequent meetings of inter-
agency administrative coordinators to review the status of all 
pending requests, and similar administrative mechanisms. To the 
extent practicable, an applicant should be advised of all the 
information required of the applicant for the entire process 
for every agency's needs at the beginning of the process. 
Potentially controversial requests should be identified as 
quickly as possible so that any required policy decisions or 
diplomatic consultations can be initiated in a timely manner. 
An immediate effort should be undertaken to establish quickly 
any necessary standards and criteria, including the nature of 
any required assurances or evidentiary showings, for the 
decision required under this subsection. The processing of any 
request proposed and filed as of the date of enactment of the 
Nuclear Non-Proliferation Act of 1978 shall not be delayed 
pending the development and establishment of procedures to 
implement the requirements of this subsection. Any trade 
secrets or proprietary information submitted by any person 
seeking an authorization under this subsection shall be 
afforded the maximum degree of protection allowable by law: 
Provided further, That the export of component parts as defined 
in subsection 11 v. (2) or 11 cc. (2) shall be governed by 
sections 109 and 126 of this Act: Provided further, That 
notwithstanding subsection 402(d) of the Department of Energy 
Organization Act (Public Law 95-91), the Secretary of Energy 
and not the Federal Energy Regulatory Commission, shall have 
sole jurisdiction within the Department of Energy over any 
matter arising from any function of the Secretary of Energy in 
this section, section 54 d., section 64, or section 111 b.
---------------------------------------------------------------------------
    \46\ Subsec. b. was amended and restated by sec. 302 of the Nuclear 
Non-Proliferation Act of 1978 (92 Stat. 126). It formerly read as 
follows:
    ``b. It shall be unlawful for any person to directly or indirectly 
engage in the production of any special nuclear material outside of the 
United States except (1) under an agreement for cooperation made 
pursuant to sec. 123, or (2) upon authorization by the Commission after 
a determination that such activity will not be inimical to the interest 
of the United States.''.
    \47\ Sec. 1225(d)(1)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``the Arms Control and 
Disarmament Agency,''.
    \48\ See text of procedures in Legislation on Foreign Relations, 
vol. V, sec. L.
    \49\ Sec. 1225(d)(1)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``the Director of the Arms 
Control and Disarmament Agency,''.
---------------------------------------------------------------------------
    c. The Commission shall not--
          (1) distribute any special nuclear material to any 
        person for a use which is not under the jurisdiction of 
        the United States except pursuant to the provisions of 
        section 54; or
          (2) distribute any special nuclear material or issue 
        a license pursuant to section 53 to any person within 
        the United States if the Commission finds that the 
        distribution of such special nuclear material or the 
        issuance of such license would be inimical to the 
        common defense and security or would constitute an 
        unreasonable risk to the health and safety of the 
        public.
    d.\50\ The Commission is authorized to establish classes of 
special nuclear material and to exempt certain classes or 
quantities of special nuclear material or kinds of uses or 
users from the requirements for a license set forth in this 
section when it makes a finding that the exemption of such 
classes or quantities of special nuclear material or such kinds 
of uses or users would not be inimical to the common defense 
and security and would not constitute an unreasonable risk to 
the health and safety of the public.
---------------------------------------------------------------------------
    \50\ Subsec. d. was added by sec. 3 of Public Law 93-377 (88 Stat. 
475).
---------------------------------------------------------------------------
    e.\51\ Special nuclear material, as defined in section 11, 
produced in facilities licensed under section 103 or 104 may 
not be transferred, reprocessed, used, or otherwise made 
available by any instrumentality of the United States or any 
other person for nuclear explosive purposes.
---------------------------------------------------------------------------
    \51\ Sec. 14 of Public Law 97-415 (96 Stat. 2075) added subsec. 
(e).
---------------------------------------------------------------------------
    Sec. 58.\52\ Review.--Before the Commission establishes any 
guaranteed purchase price or guaranteed purchase price period 
in accordance with the provisions of section 56, or establishes 
any criteria for the waiver of any charge for the use of 
special nuclear material licensed and distributed under section 
53, the proposed guaranteed purchase price, guaranteed purchase 
price period, or criteria for the waiver of such charge shall 
be submitted to the Energy Committees \53\ and a period of 
forty-five days shall elapse while Congress is in session (in 
computing such forty-five days there shall be excluded the days 
in which either House is not in session because of adjournment 
for more than three days): Provided, however, That the Energy 
Committees,\53\ after having received the proposed guaranteed 
purchase price, guaranteed purchase price period, or criteria 
for the waiver of such charge, may by resolution in writing 
waive the conditions of, or all or any portion of, such forty-
five day period.
---------------------------------------------------------------------------
    \52\ 42 U.S.C. 2078. Sec. 13 of Public Law 88-489 (78 Stat. 602) 
amended and restated sec. 58. Sec. 58 previously read as follows:
    ``Sec. 58. Review.--Before the Commission establishes any fair 
price or guaranteed fair price period in accordance with the provisions 
of section 56, or establishes any criteria for the waiver of any charge 
for the use of special nuclear material licensed or distributed under 
section 53 the proposed fair price, guaranteed fair price period, or 
criteria for the waiver of such charge shall be submitted to the Joint 
Committee, and a period of forty-five days shall elapse while Congress 
is in session (in computing such forty-five days there shall be 
excluded the days in which either House is not in session because of 
adjournment for more than three days): Provided, however, That the 
Joint Committee, after having received the proposed fair price, 
guaranteed fair price period, or criteria for the waiver of such 
charge, may by resolution waive the conditions of or all or any portion 
of such forty-five day period.''.
    \53\ Sec. 15(f)(4) of Public Law 103-437 (108 Stat. 4592) struck 
out ``Joint Committee'' and inserted in lieu thereof ``Energy 
Committees''.
---------------------------------------------------------------------------

                       Chapter 7. Source Material

    Sec. 61.\54\ Source Material.--The Commission may determine 
from time to time that other material is source material in 
addition to those specified in the definition of source 
material. Before making such determination, the Commission must 
find that such material is essential to the production of 
special nuclear material and must find that the determination 
that such material is source material is in the interest of the 
common defense and security, and the President must have 
expressly assented in writing to the determination. The 
Commission's determination, together with the assent of the 
President, shall be submitted to the Energy Committees \53\ and 
a period of thirty days shall elapse while Congress is in 
session (in computing such thirty days, there shall be excluded 
the days on which either House is not in session because of an 
adjournment of more than three days) before the determination 
of the Commission may become effective: Provided, however, That 
the Energy Committees,\53\ after having received such 
determination, may by resolution in writing waive the 
conditions of or all or any portion of such thirty-day period.
---------------------------------------------------------------------------
    \54\ 42 U.S.C. 2091.
---------------------------------------------------------------------------
    Sec. 62.\55\ License for Transfers Required.--Unless 
authorized by a general or specific license issued by the 
Commission, which the Commission is hereby authorized to issue, 
no person may transfer or receive in interstate commerce, 
transfer, deliver, receive possession of or title to, or import 
into or export from the United States any source material after 
removal from its place of deposit in nature, except that 
licenses shall not be required for quantities of source 
material which, in the opinion of the Commission, are 
unimportant.
---------------------------------------------------------------------------
    \55\ 42 U.S.C. 2092.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 64.\56\ Foreign Distribution of Source Material.--The 
Commission is authorized to cooperate with any nation by 
distribution source material and to distribute source material 
pursuant to the terms of an agreement for cooperation to which 
such nation is a party and which is made in accordance with 
section 123. The Commission is also authorized to distribute 
source material outside of the United States upon a 
determination by the Commission that such activity will not be 
inimical to the interests of the United States. The authority 
to distribute source material under this section other than 
under an export license granted by the Nuclear Regulatory 
Commission shall in no case extend to quantities of source 
material in excess of three metric tons per year per 
recipient.\57\
---------------------------------------------------------------------------
    \56\ 42 U.S.C. 2094.
    \57\ This sentence was added by sec. 301(b) of the Nuclear Non-
Proliferation Act of 1978 (92 Stat. 125).
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 69.\58\ Prohibition.--The Commission shall not license 
any person to transfer or deliver, receive possession of or 
title to, or import into or export from the United States any 
source material if, in the opinion of the Commission, the 
issuance of a license to such person for such purpose would be 
inimical to the common defense and security or the health and 
safety of the public.
---------------------------------------------------------------------------
    \58\ 42 U.S.C. 2099.
---------------------------------------------------------------------------
          * * * * * * *

                     Chapter 8. Byproduct Material

    Sec. 81.\59\ Domestic Distribution.--No person may transfer 
or receive in interstate commerce, manufacture, produce, 
transfer, acquire, own, possess, import, or export any 
byproduct material, except to the extent authorized by this 
section, section 82 or section 84.\60\ The Commission is 
authorized to issue general or specific licenses to applicants 
seeking to use byproduct material for research or development 
purposes, for medical therapy, industrial uses, agricultural 
uses, or such other useful applications as may be developed. 
The Commission may distribute, sell, loan, or lease such 
byproduct material as it owns to licensees \61\ with or without 
charge: Provided, however, That, for byproduct material to be 
distributed by the Commission for a charge, the Commission 
shall establish prices on such equitable basis as, in the 
opinion of the Commission, (a) will provide reasonable 
compensation to the Government for such material, (b) will not 
discourage the use of such material or the development of 
sources of supply of such material independent of the 
Commission, and (c) will encourage research and development. In 
distributing such material, the Commission shall give 
preference to applicants proposing to use such material either 
in the conduct of research and development or in medical 
therapy. Licensees of the Commission may distribute byproduct 
material only to applicants therefor who are licensed by the 
Commission to receive such byproduct material. The Commission 
shall not permit the distribution of any byproduct material to 
any licensee, and shall recall or order the recall of any 
distributed material from any licensee, who is not equipped to 
observe or who fails to observe such safety standards to 
protect health as may be established by the Commission or who 
uses such material in violation of law or regulation of the 
Commission or in a manner other than as disclosed in the 
application therefor or approved by the Commission. The 
Commission is authorized to establish classes of byproduct 
material and to exempt certain classes or quantities of 
material or kinds of uses or users from the requirements for a 
license set forth in this section when it makes a finding that 
the exemption of such classes or quantities of such material or 
such kinds of uses or users will not constitute an unreasonable 
risk to the common defense and security and to the health and 
safety of the public.
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    \59\ 42 U.S.C. 2111.
    \60\ The reference to sec. 84 was added by sec. 205(b) of Public 
Law 95-604 (92 Stat. 3039).
    \61\ Sec. 4 of Public Law 93-377 (88 Stat. 475) deleted the word 
``licensees'' and substituted ``qualified applicants''.
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    Sec. 82.\62\ Foreign Distribution of Byproduct Material.--
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    \62\ 42 U.S.C. 2112.
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    a. The Commission is authorized to cooperate with any 
nation by distributing byproduct material, and to distribute 
byproduct material, pursuant to the terms of an agreement for 
cooperation to which such nation is party an which is made in 
accordance with section 123.
    b. The Commission is also authorized to distribute 
byproduct material to any person outside the United States upon 
application therefor by such person and demand such charge for 
such materials as would be charged for the material if it were 
distributed within the United States: Provided, however, That 
the Commission shall not distribute any such material to any 
person under this section if, in its opinion, such distribution 
would be inimical to the common defense and security: And 
provided further, That the Commission may require such reports 
regarding the use of material distributed pursuant to the 
provisions of this section as it deems necessary.
    c. The Commission is authorized to license others to 
distribute byproduct material to any person outside the United 
States under the same conditions, except as to charges, as 
would be applicable if the material were distributed by the 
Commission.
    Sec. 83.\63\ Ownership and Custody of Certain Byproduct 
Material and Disposal Sites.--
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    \63\ 42 U.S.C. 2113. Sec. 202(a) of Public Law 95-604 (92 Stat. 
3033) added sec. 83. However, sec. 202(b) of that Act stated that sec. 
83 would not be effective until Nov. 8, 1981. The last sentence of 
subsec. a. was amended and restated by sec. 20(c) of Public Law 96-106.
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    a. Any license issued or renewed after the effective date 
of this section under section 62 or section 81 for any activity 
which results in the production of any byproduct material, as 
defined in section 11 e. (2), shall contain such terms and 
conditions as the Commission determines to be necessary to 
assure that, prior to termination of such license--
          (1) the licensee will comply with decontamination, 
        decommissioning, and reclamation standards prescribed 
        by the Commission for sites (A) at which ores were 
        processed primarily for their source material content 
        and (B) at which such byproduct material is deposited, 
        and
          (2) ownership of any byproduct material, as defined 
        in section 11 e. (2), which resulted from such licensed 
        activity shall be transferred to (A) the United States 
        or (B) in the State in which such activity occurred if 
        such State exercises the option under subsection b. (1) 
        to acquire land used for the disposal of byproduct 
        material.
Any license which is in effect on the effective date of this 
section and which is subsequently terminated without renewal 
shall comply with paragraphs (1) and (2) upon termination.
    b. (1)(A) The Commission shall require by rule, regulation, 
or order that prior to the termination of any license which is 
issued after the effective date of this section, title to the 
land, including any interests therein (other than land owned by 
the United States or by a State) which is used for the disposal 
of any byproduct material, as defined by section 11 e. (2), 
pursuant to such license shall be transferred to--
          (i) the United States, or
          (ii) the State in which such land is located, at the 
        option of such State,
unless the Commission determines prior to such termination that 
transfer of title to such land and such byproduct material is 
not necessary or desirable to protect the public health, 
safety, or welfare or to minimize or eliminate danger to life 
or property. Such determination shall be made in accordance 
with section 181 of this Act. Notwithstanding any other 
provision of law or any such determination, such property and 
materials shall be maintained pursuant to a license issued by 
the Commission pursuant to section 81 of this Act in such 
manner as will protect the public health, safety, and the 
environment.
    (B) If the Commission determines by order that use of the 
surface or subsurface estates, or both, of the land transferred 
to the United States or to a State under subparagraph (A) would 
not endanger the public health, safety, welfare, or 
environment, the Commission, pursuant to such regulations as it 
may prescribe, shall permit the use of the surface or 
subsurface estates, or both, of such land in a manner 
consistent with the provisions of this section. If the 
Commission permits such use of such land, it shall provide the 
person who transferred such land with the right of first 
refusal with respect to such use of such land.
    (2) If transfer to the United States of title to such 
byproduct material and such land is required under this 
section, the Secretary of Energy or any Federal agency 
designated by the President shall, following the Commission's 
determination of compliance under subsection c., assume title 
and custody of such byproduct material and land transferred as 
provided in this subsection. Such Secretary or Federal agency 
shall maintain such material and land in such manner as will 
protect the public health and safety and the environment. Such 
custody may be transferred to another officer or 
instrumentality of the United States only upon approval of the 
President.
    (3) If transfer to a State of title to such byproduct 
material is required in accordance with this subsection, such 
State shall, following the Commission's determination of 
compliance under subsection d., assume title and custody of 
such byproduct material and land transferred as provided in 
this subsection. Such State shall maintain such material and 
land in such manner as will protect the public health, safety, 
and the environment.
    (4) In the case of any such license under section 62, which 
was in effect on the effective date of this section, the 
Commission may require, before the termination of such license, 
such transfer of land and interest therein (described in 
paragraph (1) of this subsection) to the United States or a 
State in which such land is located, at the option of such 
State, as may be necessary to protect the public health, 
welfare, and the environment from any effects associated with 
such byproduct material. In exercising the authority of this 
paragraph, the Commission shall take into consideration the 
status of the ownership of such land and interests therein and 
the ability of the licensee to transfer title and custody 
thereof to the United States or a State.
    (5) The Commission may, pursuant to a license, or by rule 
or order require the Secretary or other Federal agency or State 
having custody of such property and materials to undertake such 
monitoring, maintenance, and emergency measures as are 
necessary to protect the public health and safety and such 
other actions as the Commission deems necessary to comply with 
the standards promulgated pursuant to section 84 of this Act. 
The Secretary or such other Federal agency is authorized to 
carry out maintenance, monitoring, and emergency measures, but 
shall take no other action pursuant to such license, rule or 
order, with respect to such property and materials unless 
expressly authorized by Congress after the date of enactment of 
this Act.
    (6) The transfer of title to land or byproduct materials, 
as defined in section 11 e. (2), to a State or the United 
States pursuant to this subsection shall not relieve any 
licensee of liability for any fraudulent or negligent acts done 
prior to such transfer.
    (7) Material and land transferred to the United States or a 
State in accordance with this subsection shall be transferred 
without cost to the United States or a State (other than 
administrative and legal costs incurred in carrying out such 
transfer). Subject to the provisions of paragraph (1)(B) of 
this subsection, the United States or a State shall not 
transfer title to material or property acquired under this 
subsection to any person, unless such transfer is in the same 
manner as provided under section 104(h) of the Uranium Mill 
Tailings Radiation Control Act of 1978.
    (8) The provisions of this subsection respecting transfer 
of title and custody to land shall not apply in the case of 
lands held in trust by the United States for any Indian tribe 
or lands owned by such Indian tribe subject to a restriction 
against alienation imposed by the United States. In the case of 
such lands which are used for the disposal of byproduct 
material, as defined in section 11 e. (2), the licensee shall 
be required to enter into such arrangements with the Commission 
as may be appropriate to assure the long-term maintenance and 
monitoring of such lands by the United States.
    c. Upon termination of any license to which this section 
applies, the Commission shall determine whether or not the 
licensee has complied with all applicable standards and 
requirements under such license.
    Sec. 84.\64\ Authorities of Commission Respecting Certain 
By-product Material.--
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    \64\ 42 U.S.C. 2114. Sec. 84 was added by sec. 205(a) of Public Law 
95-604 (92 Stat. 3039).
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    a. The Commission shall insure that the management of any 
by-product material, as defined in section 11 e. (2), is 
carried out in such manner as--
          (1) the Commission deems appropriate to protect the 
        public health and safety and the environment from 
        radiological and nonradiological hazards associated 
        with the processing and with the possession and 
        transfer of such material, taking into account the risk 
        to the public health, safety, and the environment, with 
        due consideration of the economic costs and such other 
        factors as the Commission determines to be 
        appropriate,\65\
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    \65\ The words to this point beginning with ``taking into account 
the risk to the public health, * * *'' were added by sec. 22(a) of 
Public Law 97-415 (96 Stat. 2080).
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          (2) conforms with applicable general standards 
        promulgated by the Administrator of the Environmental 
        Protection Agency under section 275, and
          (3) conforms to general requirements established by 
        the Commission, with the concurrence of the 
        Administrator, which are, to the maximum extent 
        practicable, at least comparable to requirements 
        applicable to the possession, transfer, and disposal of 
        similar hazardous material regulated by the 
        Administration under Solid Waste Disposal Act, as 
        amended.
    b. In carrying out its authority under this section, the 
Commission is authorized to--
          (1) by rule, regulation, or order require persons, 
        officers, or instrumentalities exempted from licensing 
        under section 81 of this Act to conduct monitoring, 
        perform remedial work, and to comply with such other 
        measures as it may deem necessary or desirable to 
        protect health or to minimize danger to life or 
        property, and in connection with the disposal or 
        storage of such byproduct material; and
          (2) make such studies and inspections and to conduct 
        such monitoring as may be necessary.
Any violation by any person other than the United States or any 
officer or employee of the United States or a State of any 
rule, regulation, or order or licensing provision, of the 
Commission established under this section or section 83 shall 
be subject to a civil penalty in the same manner and in the 
same amount as violations subject to a civil penalty under 
section 234. Nothing in this section affects any authority of 
the Commission under any other provision of this Act.
    c.\66\ In the case of sites at which ores are processed 
primarily for their source material content or which are used 
for the disposal of byproduct material as defined in section 11 
e. (2), a licensee may propose alternatives to specific 
requirements adopted and enforced by the Commission under this 
Act. Such alternative proposals may take into account local or 
regional conditions, including geology, topography, hydrology 
and meteorology. The Commission may treat such alternatives as 
satisfying Commission requirements if the Commission determines 
that such alternatives will achieve a level of stabilization 
and containment of the sites concerned, and a level of 
protection for public health, safety, and the environment from 
radiological and nonradiological hazards associated with such 
sites, which is equivalent to, to the extent practicable, or 
more stringent than the level which would be achieved by 
standards and requirements adopted and enforced by the 
Commission for the same purpose and any final standards 
promulgated by the Administrator of the Environmental 
Protection Agency in accordance with section 275.
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    \66\ Sec. 20 of Public Law 97-415 (96 Stat. 2079) added subsec. c.
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            Chapter 9. Military Application of Atomic Energy

    Sec. 91.\67\ Authority.--
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    \67\ 42 U.S.C. 2121.
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    a.\68\ The Commission is authorized to--
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    \68\ Sec. 3157 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1684) struck out 
``and'' at the end of clause (1); struck out a period at the end of 
clause (2) and inserted in lieu thereof a semicolon; and added new 
clauses (3) through (5).
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          (1) conduct experiments and do research and 
        development work in the military application of atomic 
        energy;
          (2) engage in the production of atomic weapons, or 
        atomic weapon parts, except that such activities shall 
        be carried on only to the extent that the express 
        consent and direction of the President of the United 
        States has been obtained, which consent and direction 
        shall be obtained at least once each year;
          (3) provide for safe storage, processing, 
        transportation, and disposal of hazardous waste 
        (including radioactive waste) resulting from nuclear 
        materials production, weapons production and 
        surveillance programs, and naval nuclear propulsion 
        programs;
          (4) carry out research on and development of 
        technologies needed for the effective negotiation and 
        verification of international agreements on control of 
        special nuclear materials and nuclear weapons; and
          (5) under applicable law (other than this paragraph) 
        and consistent with other missions of the Department of 
        Energy, make transfers of federally owned or originated 
        technology to State and local governments, private 
        industry, and universities or other nonprofit 
        organizations so that the prospects for 
        commercialization of such technology are enhanced.
    b. The President from time to time may direct the 
Commission (1) to deliver such quantities of special nuclear 
material or atomic weapons to the Department of Defense for 
such use as he deems necessary in the interest of national 
defense, or (2) to authorize the Department of Defense to 
manufacture, produce, or acquire any atomic weapon or 
utilization facility for military purposes: Provided, however, 
That such authorization shall not extend to the production of 
special nuclear material other than that incidental to the 
operation of such utilization facilities.
    c.\69\ The President may authorize the Commission or the 
Department of Defense, with the assistance of the other, to 
cooperate with another nation and, notwithstanding the 
provisions of section 57, 62, or 81, to transfer by sale, 
lease, or loan to that nation, in accordance with terms and 
conditions of a program approved by the President.
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    \69\ Sec. 1 of Public Law 85-479 (72 Stat. 276) added subsec. c.
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          (1) nonnuclear parts of atomic weapons provided that 
        such nation has made substantial progress in the 
        development of atomic weapons, and other nonnuclear 
        parts of atomic weapons systems involving Restricted 
        Data provided that such transfer will not contribute 
        significantly to that nation's atomic weapon design, 
        development, or fabrication capability; for the purpose 
        of improving that nation's state of training and 
        operational readiness;
          (2) utilization facilities for military applications; 
        and
          (3) source, byproduct, or special nuclear material 
        for research on, development of, production of, or use 
        in utilization facilities for military applications; 
        and
          (4) source, byproduct, or special nuclear material 
        for research on, development of, or use in atomic 
        weapons: Provided, however, That the transfer of such 
        material to that nation is necessary to improve its 
        atomic weapon design, development, or fabrication 
        capability: And provided further, That such nation has 
        made substantial progress in the development of atomic 
        weapons,
whenever the President determines that the proposed cooperation 
and each proposed transfer arrangement for the nonnuclear parts 
of atomic weapons and atomic weapons systems, utilization 
facilities or source, byproduct, or special nuclear material 
will promote and will not constitute an unreasonable risk to 
the common defense and security, while such other nation is 
participating with the United States pursuant to an 
international arrangement by substantial and material 
contributions to the mutual defense and security: Provided, 
however, That the cooperation is undertaken pursuant to an 
agreement entered into in accordance with section 123: And 
provided further, That if an agreement for cooperation arranged 
pursuant to this subsection provides for transfer of 
utilization facilities for military applications the 
Commission, or the Department of Defense with respect to 
cooperation it has been authorized to undertake, may authorize 
any person to transfer such utilization facilities for military 
applications in accordance with the terms and conditions of 
this subsection and of the agreement for cooperation.
    Sec. 92.\70\ Prohibition.--It shall be unlawful, except as 
provided in section 91, for any person to transfer or receive 
in interstate or foreign commerce, manufacture, produce, 
transfer, acquire, possess, import, or export any atomic 
weapon. Nothing in this section shall be deemed to modify the 
provisions of subsection 31 a. or section 101.
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    \70\ 42 U.S.C. 2122. Sec. 2 of Public Law 85-479 (72 Stat. 276) 
amended and restated sec. 92. Sec. 92 previously read as follows:
    ``Sec. 92. Prohibition.--It shall be unlawful for any person to 
transfer or receive in interstate commerce, manufacture, produce, 
transfer, acquire, possess, import, or export any atomic weapon, except 
as may be authorized by the Commission pursuant to the provisions of 
section 91. Nothing in this section shall be deemed to modify the 
provisions of subsection 31 a. or section 101.''.
    \71\ Formerly at 42 U.S.C. 2122a. Sec. 3294(e)(1)(A) of Public Law 
106-65 (113 Stat. 970) repealed sec. 93, which had provided for 
congressional oversight of special access programs, including annual 
and periodic reports. Originally added by sec. 3156 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1953).
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SEC. 93.\71\ * * * [Repealed--1999]

                   Chapter 10. Atomic Energy Licenses

    Sec. 101.\72\ License Required.--It shall be unlawful, 
except as provided in section 91, for any person within the 
United States to transfer or receive in interstate commerce, 
manufacture, produce, transfer, acquire, possess, use,\73\ 
import, or export any utilization or production facility except 
under and in accordance with a license issued by the Commission 
pursuant to section 103 or 104.
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    \72\ 42 U.S.C. 2131.
    \73\ Sec. 11 of Public Law 84-1006 (70 Stat. 1069) added the word 
``use''.
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    Sec. 102.\74\ Utilization and Production Facilities for 
Industrial or Commercial Purposes.--
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    \74\ 42 U.S.C. 2132. Sec. 3 of Public Law 91-560 (84 Stat. 1472) 
amended sec. 102, which previously read as follows:
    ``Sec. 102. Finding of Practical Value.--Whenever the Commission 
has made a finding in writing that any type of utilization or 
production facility has been sufficiently developed to be of practical 
value for industrial or commercial purposes, the Commission may 
thereafter issue licenses for such type of facility pursuant to section 
103.''.
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    a. Except as provided in subsections b. and c., or 
otherwise specifically authorized by law, any license hereafter 
issued for a utilization or production facility for industrial 
or commercial purposes shall be issued pursuant to section 103.
    b. Any license hereafter issued for a utilization or 
production facility for industrial or commercial purposes, the 
construction or operation of which was licensed pursuant to 
subsection 104 b. prior to enactment into law of this 
subsection, shall be issued under subsection 104 b.
    c. Any license for a utilization or production facility for 
industrial or commercial purposes constructed or operated under 
an arrangement with the Commission entered into under the 
Cooperative Power Reactor Demonstration Program shall, except 
as otherwise specifically required by applicable law, be issued 
under subsection 104 b.
    Sec. 103.\75\ Commercial Licenses.--
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    \75\ 42 U.S.C. 2133.
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    a. The Commission is authorized to issue licenses to 
persons applying therefor to transfer or receive in interstate 
commerce, manufacture, produce, transfer, acquire, possess, 
use,\76\ import, or export under the terms of an agreement for 
cooperation arranged pursuant to section 123, utilization or 
production facilities for industrial or commercial 
purposes.\77\ Such licenses shall be issued in accordance with 
the provisions of chapter 16 and subject to such conditions as 
the Commission may by rule or regulation establish to 
effectuate the purposes and provisions of this Act.
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    \76\ Sec. 12 of Public Law 84-1006 (70 Stat. 1069) added the word 
``use.''.
    \77\ Sec. 4 of Public Law 91-650 (84 Stat. 1472) amended the first 
sentence of sec. 103 a., which previously read as follows:
    ``Subsequent to a finding by the Commission as required in section 
102, the Commission may issue licenses to transfer or receive in 
interstate commerce, manufacture, produce, transfer, acquire, possess, 
use, import, or export under the terms of an agreement for cooperation 
arranged pursuant to section 123, such type of utilization or 
production facility.''.
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    b. The Commission shall issue such licenses on a 
nonexclusive basis to persons applying therefor (1) whose 
proposed activities will serve a useful purpose proportionate 
to the quantities of special nuclear material or source 
material to be utilized; (2) who are equipped to observe and 
who agree to observe such safety standards to protect health 
and to minimize danger to life or property as the Commission 
may by rule establish; and (3) who agree to make available to 
the Commission such technical information and data concerning 
activities under such license as the Commission may determine 
necessary to promote the common defense and security and to 
protect the health and safety of the public. All such 
information may be used by the Commission only for the purposes 
of the common defense and security and to protect the health 
and safety of the public.
    c. Each such license shall be issued for a specified 
period, as determined by the Commission, depending on the type 
of activity to be licensed, but not exceeding forty years, and 
may be renewed upon the expiration of such period.
    d. No license under this section may be given to any person 
for activities which are not under or within the jurisdiction 
of the United States, except for the export of production or 
utilization facilities under terms of an agreement for 
cooperation arranged pursuant to section 123, or except under 
the provisions of section 109. No license may be issued to an 
alien or any \78\ corporation or other entity if the Commission 
knows or has reason to believe it is owned, controlled, or 
dominated by an alien, a foreign corporation, or a foreign 
government. In any event, no license may be issued to any 
person within the United States if, in the opinion of the 
Commission, the issuance of a license to such person would be 
inimical to the common defense and security or to the health 
and safety of the public.
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    \78\ Sec. 13 of Public Law 84-1006 (70 Stat. 1069) added the words 
``an alien or any'' between the words ``to'' and ``any'' in the second 
sentence of subsec. 103 d.
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    f.\79\ Each license issued for a utilization facility under 
this section or section 104 b. shall require as a condition 
thereof that in case of any accident which could result in an 
unplanned release of quantities of fission products in excess 
of allowable limits for normal operation established by the 
Commission, the licensee shall immediately so notify the 
Commission. Violation of the condition prescribed by this 
subsection may, in the Commission's discretion, constitute 
grounds for license revocation. In accordance with section 187 
of this Act, the Commission shall promptly amend each license 
for a utilization facility issued under this section or section 
104 b. which is in effect on the date of enactment of this 
subsection to include the provision required under this 
subsection.
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    \79\ Sec. 201(a) of Public Law 96-295 (94 Stat. 786) added subsec. 
f.
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    Sec. 104.\80\ Medical Therapy and Research and 
Development.--
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    \80\ 42 U.S.C. 2134.
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    a. The Commission is authorized to issue licenses to 
persons applying therefor for utilization facilities for use in 
medical therapy. In issuing such licenses the Commission is 
directed to permit the widest amount of effective medical 
therapy possible with the amount of special nuclear material 
available for such purposes and to impose the minimum amount of 
regulation consistent with its obligations under this Act to 
promote the common defense and security and to protect the 
health and safety of the public.
    b.\81\ As provided for in subsection 102 b. or 102 c., or 
where specifically authorized by law, the Commission is 
authorized to issue licenses under this subsection to persons 
applying therefor for utilization and production facilities for 
industrial and commercial purposes. In issuing licenses under 
this subsection, the Commission shall impose the minimum amount 
of such regulations and terms of license as will permit the 
Commission to fulfill its obligations under this Act.
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    \81\ Sec. 5 of Public Law 91-560 (84 Stat. 1472) amended and 
restated subsec. b, which previously read as follows:
    ``b. The Commission is authorized to issue licenses to persons 
applying therefor for utilization and production facilities involved in 
the conduct of research and development activities leading to the 
demonstration of the practical value of such facilities for industrial 
or commercial purposes. In issuing licenses under this subsection, the 
Commission shall impose the minimum amount of such regulations and 
terms of license as will permit the Commission to fulfill its 
obligations under this Act to promote the common defense and security 
and to protect the health and safety of the public and will be 
compatible with the regulations and terms of license which would apply 
in the event that a commercial license were later to be issued pursuant 
to section 103 for that type of facility. In issuing such licenses, 
priority shall be given to those activities which will, in the opinion 
of the Commission, lead to major advances in the application of atomic 
energy for industrial or commercial purposes.''.
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    c. The Commission is authorized to issue licenses to 
persons applying therefor for utilization and production 
facilities useful in the conduct of research and development 
activities of the types specified in section 31 and which are 
not facilities of the type specified in subsection 104 b. The 
Commission is directed to impose only such minimum amount of 
regulation of the licensee as the Commission finds will permit 
the Commission to fulfill its obligations under this Act to 
promote the common defense and security and to protect the 
health and safety of the public and will permit the conduct of 
widespread and diverse research and development.
    d. No license under this section may be given to any person 
for activities which are not under or within the jurisdiction 
of the United States, except for the export of production or 
utilization facilities under terms of an agreement for 
cooperation arranged pursuant to section 123 or except under 
the provisions of section 109. No license may be issued to any 
corporation or other entity if the Commission knows or has 
reason to believe it is owned, controlled, or dominated by an 
alien, a foreign corporation, or a foreign government. In any 
event, no license may be issued to any person within the United 
States if, in the opinion of the Commission, the issuance of a 
license to such person would be inimical to the common defense 
and security or to the health and safety of the public.
          * * * * * * *
    Sec. 109.\82\ Component and Other Parts of Facilities.--
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    \82\ 42 U.S.C. 2139. Sec. 109 was amended and restated by sec. 
309(a) of the Nuclear Non-Proliferation Act of 1978 (92 Stat. 141). Sec 
309(b) of that Act also instructed the Commission to publish 
regulations to implement the provisions of subsecs. b. and c. of sec. 
109. Sec. 309(d) of that same Act also stated that the amendments to 
sec. 109 would not affect the approval of exports contracted for prior 
to Nov. 1, 1977, which are made by Mar. 10, 1979.
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    a. With respect to those utilization and production 
facilities which are so determined by the Commission pursuant 
to subsection 11 v. (2) or 11 cc. (2) the Commission may issue 
general licenses for domestic activities required to be 
licensed under section 101, if the Commission determines in 
writing that such general licensing will not constitute an 
unreasonable risk to the common defense and security.
    b. After consulting with the Secretaries of State, Energy, 
and Commerce,\83\ the Commission is authorized and directed to 
determine which component parts as defined in subsection 11 v. 
(2) or 11 cc. (2) and which other items or substances are 
especially relevant from the standpoint of export control 
because of their significance for nuclear explosive purposes. 
Except as provided in section 126 b. (2), no such component, 
substance, or item which is so determined by the Commission 
shall be exported unless the Commission issues a general or 
specific license for its export after finding, based on a 
reasonable judgment of the assurances provided and other 
information available to the Federal Government, including the 
Commission, that the following criteria or their equivalent are 
met: (1) IAEA safeguards as required by Article III (2) of the 
Treaty will be applied with respect to such component, 
substance, or item; (2) no such component, substance, or item 
will be used for any nuclear explosive device or for research 
on or development of any nuclear explosive device; and (3) no 
such component, substance, or item will be retransferred to the 
jurisdiction of any other nation or group of nations unless the 
prior consent of the United States is obtained for such 
retransfer; and after determining in writing that the issuance 
of each such general or specific license or category of 
licenses will not be inimical to the common defense and 
security: Provided, That a specific license shall not be 
required for an export pursuant to this section if the 
component, item or substance is covered by a facility license 
issued pursuant to section 126 of this Act.
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    \83\ Sec. 1225(d)(2) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-774) struck out ``and the Director''.
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    c. The Commission shall not issue an export license under 
the authority of subsection b. if it is advised by the 
executive branch, in accordance with the procedures established 
under subsection 126 a., that the export would be inimical to 
the common defense and security of the United States.
          * * * * * * *
    Sec. 111.\84\ a. The Nuclear Regulatory Commission is 
authorized to license the distribution of special nuclear 
material, source material, and byproduct material by the 
Department of Energy pursuant to sections 54, 64, and 82 of 
this Act, respectively, in accordance with the same procedures 
established by law for the export licensing of such material by 
any person: Provided, That nothing in this section shall 
require the licensing of the distribution of byproduct material 
by the Department of Energy under section 82 of this Act.
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    \84\ 42 U.S.C. 2141. Sec. 111 was added by sec. 301(c) of the 
Nuclear Non-Proliferation Act of 1978 (92 Stat. 125).
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    b. The Department of Energy shall not distribute any 
special nuclear material or source material under section 54 or 
64 of this Act other than under an export license issued by the 
Nuclear Regulatory Commission until (1) the Department has 
obtained the concurrence of the Department of State and has 
consulted with the Nuclear Regulatory Commission \85\ and the 
Department of Defense under mutually agreed procedures which 
shall be established within not more than ninety days after the 
date of enactment of this provision and (2) the Department 
finds based on a reasonable judgment of the assurances provided 
and the information available to the United States Government, 
that the criteria in section 127 of this Act or their 
equivalent and any application criteria in subsection 128 are 
met, and that the proposed distribution would not be inimical 
to the common defense and security.
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    \85\ Sec. 1225(d)(3) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-774) struck out ``the Arms Control and Disarmament Agency, 
the Nuclear Regulatory Commission,'' and inserted in lieu thereof ``the 
Nuclear Regulatory Commission''.
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                  Chapter 11. International Activities

    Sec. 121.\86\ Effect of International Arrangements.--Any 
provision of this Act or any action of the Commission to the 
extent and during the time that it conflicts with the 
provisions of any international arrangement made after the date 
of enactment of this Act shall be deemed to be of no force or 
effect.
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    \86\ 42 U.S.C. 2151.
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    Sec. 122.\87\ Policies Contained in International 
Arrangements.--In the performance of its functions under this 
Act, the Commission shall give maximum effect to the policies 
contained in any international arrangement made after the date 
of enactment of this Act.
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    \87\ 42 U.S.C. 2152.
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          * * * * * * *
    Sec. 123.\88\ Cooperation With Other Nations.--
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    \88\ 42 U.S.C. 2153. Sec. 123, as previously amended by Public Law 
85-479 (72 Stat. 276), Public Law 85-681 (72 Stat. 632), and Public Law 
88-489 (78 Stat. 602), was further amended and restated by sec. 401 of 
the Nuclear Non-Proliferation Act of 1978 (92 Stat. 142). Sec. 405(a) 
of the 1978 Act also stated that these amendments to sec. 123 would not 
affect the authority to continue cooperation pursuant to agreements for 
cooperation entered into prior to Mar. 10, 1978. Sec. 407 also of the 
1978 Act specified that for any agreement entered into pursuant to sec. 
123, the President shall strive to include in such agreement 
cooperation between the parties in protecting the international 
environment from radioactive, chemical or thermal contamination arising 
from peaceful nuclear activities.
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    No cooperation with any nation, group of nations or 
regional defense organization pursuant to section 53, 54 a., 
57, 64, 82, 91, 103, 104, or 144 shall be undertaken until--
          a. the proposed agreement for cooperation has been 
        submitted to the President, which proposed agreement 
        shall include the terms, conditions, duration, nature, 
        and scope of the cooperation; and shall include the 
        following requirements:
                  (1) a guaranty by the cooperating party that 
                safeguards as set forth in the agreement for 
                cooperation will be maintained with respect to 
                all nuclear materials and equipment transferred 
                pursuant thereto, and with respect to all 
                special nuclear material used in or produced 
                through the use of such nuclear materials and 
                equipment, so long as the material or equipment 
                remains under the jurisdiction or control of 
                the cooperating party, irrespective of the 
                duration of other provisions in the agreement 
                or whether the agreement is terminated or 
                suspended for any reason;
                  (2) in the case of non-nuclear-weapon states, 
                a requirement, as a condition of continued 
                United States nuclear supply under the 
                agreement for cooperation, that IAEA safeguards 
                be maintained with respect to all nuclear 
                materials in all peaceful nuclear activities 
                within the territory of such state, under its 
                jurisdiction, or carried out under its control 
                anywhere;
                  (3) except in the case of those agreements 
                for cooperation arranged pursuant to subsection 
                91 c., a guaranty by the cooperating party that 
                no nuclear materials and equipment or sensitive 
                nuclear technology to be transferred pursuant 
                to such agreement, and no special nuclear 
                material produced through the use of any 
                nuclear materials and equipment or sensitive 
                nuclear technology transferred pursuant to such 
                agreement, will be used for any nuclear 
                explosive device, or for research on or 
                development of any nuclear explosive device, or 
                for any other military purpose;
                  (4) except in the case of those agreements 
                for cooperation arranged pursuant to subsection 
                91 c. and agreements for cooperation with 
                nuclear-weapon states, a stipulation that the 
                United States shall have the right to require 
                the return of any nuclear materials and 
                equipment transferred pursuant thereto and any 
                special nuclear material produced through the 
                use thereof if the cooperating party detonates 
                a nuclear explosive device or terminates or 
                abrogates an agreement providing for IAEA 
                safeguards;
                  (5) a guaranty by the cooperating party that 
                any material or any Restricted Data transferred 
                pursuant to the agreement for cooperation and, 
                except in the case of agreements arranged 
                pursuant to subsection 91 c., 144 b., 144 c., 
                or 144 d.,\89\ any production or utilization 
                facility transferred pursuant to the agreement 
                for cooperation or any special nuclear material 
                produced through the use of any such facility 
                or through the use of any material transferred 
                pursuant to the agreement, will not be 
                transferred to unauthorized persons or beyond 
                the jurisdiction or control of the cooperating 
                party without the consent of the United States;
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    \89\ Sec. 3155(c)(1)(A) of Public Law 103-337 (108 Stat. 3092) 
struck out ``or 144 c.'' wherever it appeared in sec. 123, inserting in 
lieu thereof ``144 c., or 144 d.''.
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                  (6) a guaranty by the cooperating party that 
                adequate physical security will be maintained 
                with respect to any nuclear material 
                transferred pursuant to such agreement and with 
                respect to any special nuclear material used in 
                or produced through the use of any material, 
                production facility, or utilization facility 
                transferred pursuant to such agreement;
                  (7) except in the case of agreements for 
                cooperation arranged pursuant to subsection 91 
                c., 144 b., 144 c., or 144 d.,\89\ a guaranty 
                by the cooperating party that no material 
                transferred pursuant to the agreement for 
                cooperation and no material used in or produced 
                through the use of any material, production 
                facility, or utilization facility transferred 
                pursuant to the agreement for cooperation will 
                be reprocessed, enriched or (in the case of 
                plutonium, uranium 233, or uranium enriched to 
                greater than twenty percent in the isotope 235, 
                or other nuclear material which have been 
                irradiated) otherwise altered in form or 
                content without the prior approval of the 
                United States;
                  (8) except in the case of agreements for 
                cooperation arranged pursuant to subsection 91 
                c., 144 b., 144 c., or 144 d.,\89\ a guaranty 
                by the cooperating party that no plutonium, no 
                uranium 223, and no uranium enriched to greater 
                than twenty percent in the isotope 235, 
                transferred pursuant to the agreement for 
                cooperation or recovered from any source or 
                special nuclear material used in any production 
                facility or utilization facility transferred 
                pursuant to the agreement for cooperation, will 
                be stored in any facility that has not been 
                approved in advance by the United States; and
                  (9) except in the case of agreements for 
                cooperation arranged pursuant to subsection 91 
                c., 144 b., 144 c., or 144 d.,\89\ a guaranty 
                by the cooperation party that any special 
                nuclear material, production facility, or 
                utilization facility produced or constructed 
                under the jurisdiction of the cooperating party 
                by or through the use of any sensitive nuclear 
                technology transferred pursuant to such 
                agreement for cooperation will be subject to 
                all the requirements specified in this 
                subsection.
        The President may exempt a proposed agreement for 
        cooperation (except an agreement arranged pursuant to 
        subsection 91 c., 144 b., 144 c., or 144 d.) \89\ from 
        any of the requirements of the foregoing sentence if he 
        determines that inclusion of any such requirement would 
        be seriously prejudicial to the achievement of United 
        States non-proliferation objectives or otherwise 
        jeopardize that common defense and security. Except in 
        the case of those agreements for cooperation arranged 
        pursuant to subsection 91 c., 144 b., 144 c., or 144 
        d.,\89\ any proposed agreement for cooperation shall be 
        negotiated by the Secretary of State, with the 
        technical assistance and concurrence of the Secretary 
        of Energy; \90\ and after consultation with the 
        Commission shall be submitted to the President jointly 
        by the Secretary of State and the Secretary of Energy 
        accompanied by the views and recommendation of the 
        Secretary of State, the Secretary of Energy, and \91\ 
        the Nuclear Regulatory Commission. The Secretary of 
        State \92\ shall also provide to the President an 
        unclassified Nuclear Proliferation Assessment Statement 
        (A) which shall analyze the consistency of the text of 
        the proposed agreement for cooperation with all the 
        requirements of this Act, with specific attention to 
        whether the proposed agreement is consistent with each 
        of the criteria set forth in this subsection, and (B) 
        \93\ regarding the adequacy of the safeguards and other 
        control mechanisms and the peaceful use assurances 
        contained in the agreement for cooperation to ensure 
        that any assistance furnished thereunder will not be 
        used to further any military or nuclear explosive 
        purpose. Each Nuclear Proliferation Assessment 
        Statement prepared pursuant to this Act shall be 
        accompanied by a classified annex prepared in 
        consultation with the Director of Central Intelligence, 
        summarizing relevant classified information.\94\ In the 
        case of those agreements for cooperation arranged 
        pursuant to subsection 91 c., 144 b., 144 c., or 144 
        d.,\89\ any proposed agreement for cooperation shall be 
        submitted to the President by the Secretary of Energy 
        or, in the case of those agreements for cooperation 
        arranged pursuant to subsection 91 c., 144 b., or 144 
        d.,\95\ which are to be implemented by the Department 
        of Defense, by the Secretary of Defense;
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    \90\ Sec. 1225(d)(4)(A)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``and in consultation with the 
Director of the Arms Control and Disarmament Agency (`the Director')''.
    \91\ Sec. 1225(d)(4)(A)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) inserted ``and'' after ``Energy''.
    \92\ Sec. 1225(d)(4)(A)(iii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``Commission, and the Director, 
who'' and inserted in lieu thereof ``Commission. The Secretary of 
State''.
    \93\ The text to this point beginning with ``(A) which shall 
analyze * * *'' was added by sec. 301(a)(1) the Export Administration 
Amendments Act of 1985 (Public Law 99-64; 99 Stat. 159).
    \94\ Sec. 1225(d)(4)(A)(iv) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) added this sentence.
    \95\ Sec. 3155(c)(1)(B) of Public Law 103-337 (108 Stat. 3092) 
struck out ``or 144 b.'' and inserted in lieu thereof ``144 b., or 144 
d.''. Sec. 1505(g) of Public Law 104-106 (110 Stat. 515) subsequently 
inserted a comma preceding ``144 b''.
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          b. the President has submitted text of the proposed 
        agreement for cooperation (except an agreement arranged 
        pursuant to section 91 c., 144 b., 144 c., or 144 
        d.),\96\ together with the accompanying unclassified 
        Nuclear Proliferation Assessment Statement, to the 
        Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs \97\ of the House of 
        Representatives, the President has consulted with such 
        Committees for a period of not less than thirty days of 
        continuous session (as defined in section 130 g. of 
        this Act) concerning the consistency of the terms of 
        the proposed agreement with all the requirements of 
        this Act, and \98\ the President has approved and 
        authorized the execution of the proposed agreement for 
        cooperation and has made a determination in writing 
        that the performance of the proposed agreement will 
        promote, and will not constitute an unreasonable risk 
        to, the common defense and security; \99\
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    \96\ Sec. 3155(c)(1)(C) of Public Law 103-337 (108 Stat. 3092) 
inserted the parenthetical text.
    \97\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \98\ The text of subsec. b. to this point was added by sec. 
301(a)(2) of Public Law 99-64 (99 Stat. 159).
    \99\ In 1997, the President made such a determination in the case 
of the Agreement for Cooperation Between the Government of the United 
States of America and the Swiss Federal Council Concerning Peaceful 
Uses of Nuclear Energy (Presidential Determination No. 98-1 of October 
8, 1997; 62 F.R. 55139); and in the case of the Agreement for 
Cooperation Between the Government of the United States of America and 
the Republic of Kazakhstan Concerning Peaceful Uses of Nuclear Energy 
(Presidential Determination No. 98-5 of November 17, 1997; 62 F.R. 
63619).
    In 1998, the President made such a determination in the case of the 
Agreement for Cooperation Between the Government of the United States 
of America and Ukraine Concerning Peaceful Uses of Nuclear Energy 
(Presidential Determination No. 98-21 of April 28, 1998; 63 F.R. 
26419); and in the case of the Agreement for Cooperation Between the 
Government of the United States of America and the Government of 
Romania Concerning Peaceful Uses of Nuclear Energy (Presidential 
Determination No. 98-33 of July 15, 1998; 63 F.R. 39695).
    In 1999, the President made such a determination in the case of the 
Protocol Amending the Agreement for Cooperation Concerning Civil Uses 
of Atomic Energy Between the Government of the United States of America 
and the Government of Canada signed at Washington on June 15, 1955 
(Presidential Determination No. 99-30 of June 23, 1999; 64 F.R. 35921); 
and in the case of the proposed Agreement for Cooperation Between the 
United States of America and Australia Concerning Technology for the 
Separation of Isotopes and Uranium by Laser Excitation (Presidential 
Determination No. 00-3 of October 25, 1999; 64 F.R. 58757).
    In 2000, the President made such a determination in the case of the 
Agreement for Cooperation Between the United States of America and the 
Republic of Turkey Concerning Peaceful Uses of Nuclear Energy 
Presidential Determination No. 2000-26 of July 7, 2000).
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          c. the proposed agreement for cooperation (if not an 
        agreement subject to subsection d.), together with the 
        approval and determination of the President, has been 
        submitted to the Committee on Foreign Affairs \100\ of 
        the House of Representatives and the Committee on 
        Foreign Relations of the Senate for a period of thirty 
        days of continuous session (as defined in subsection 
        130 g.): Provided, however, That these committees, 
        after having received such agreement for cooperation, 
        may by resolution in writing waive the conditions of 
        all or any portion of such thirty-day period; and
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    \100\ Sec. 15(f)(5) of Public Law 103-437 (108 Stat. 4592) struck 
out ``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) 
subsequently provided that references to the Committee on Foreign 
Affairs of the House of Representatives shall be treated as referring 
to the Committee on International Relations of the House of 
Representatives.
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          d.\101\ the proposed agreement for cooperation (if 
        arranged pursuant to subsection 91 c., 144 b., 144 c., 
        or 144 d.,\89\ or if entailing implementation of 
        section 53, 54 a., 103, or 104 in relation to a reactor 
        that may be capable of producing more than five thermal 
        megawatts or special nuclear material for use in 
        connection therewith) has been submitted to the 
        Congress, together with the approval and determination 
        of the President, for a period of sixty days of 
        continuous session (as defined in subsection 130 g. of 
        this Act) and referred to the Committee on Foreign 
        Affairs \100\, \102\ of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate, and in addition, in the case of a 
        proposed agreement for cooperation arranged pursuant to 
        subsection 91 c., 144 b., 144 c., or 144 d.,\89\ the 
        Committee on Armed Services \102\ of the House of 
        Representatives and the Committee on Armed Services of 
        the Senate, but such proposed agreement for cooperation 
        shall not become effective if during such sixty-day 
        period the Congress adopts, and there is enacted, a 
        joint \103\ resolution stating in substance that the 
        Congress does not favor the proposed agreement for 
        cooperation: Provided, That the sixty-day period shall 
        not begin until a Nuclear Proliferation Assessment 
        Statement prepared by the Secretary of State, and any 
        annexes thereto,\104\ when required by subsection 123 
        a., have been \105\ submitted to the Congress: Provided 
        further, That an agreement for cooperation exempted by 
        the President pursuant to subsection a. from any 
        requirement contained in that subsection shall not 
        become effective unless the Congress adopts, and there 
        is enacted, a joint resolution stating that the 
        Congress does favor such agreement.\106\ During the 
        sixty-day period the Committee on Foreign Affairs 
        \100\, \102\ of the House of Representatives 
        and the Committee on Foreign Relations of the Senate 
        shall each hold hearings on the proposed agreement for 
        cooperation and submit a report to their respective 
        bodies recommending whether it should be approved or 
        disapproved.\107\ Any such proposed agreement for 
        cooperation shall be considered pursuant to the 
        procedures set forth in section 130 i. of this Act for 
        the consideration of Presidential submissions.
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    \101\ Sec. 3155(b) of Public Law 103-337 (108 Stat. 3092) provided 
the following:
    ``(b) Applicability of Notice and Wait Provisions.--Section 123 d. 
of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)), as amended by 
subsection (c), shall not apply to a proposed agreement for cooperation 
under section 144 d. of such Act, as inserted by subsection (a), until 
December 31, 1995.''.
    \102\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
    \103\ Sec. 301(b)(1) of Public Law 99-64 changed the requirement 
from a concurrent to a joint resolution.
    \104\ Sec. 1225(d)(4)(B)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``Nuclear Proliferation 
Assessment Statement prepared by the Director of the Arms Control and 
Disarmament Agency,'' and inserted in lieu thereof ``Nuclear 
Proliferation Assessment Statement prepared by the Secretary of State, 
and any annexes thereto,''.
    \105\ Sec. 1225(d)(4)(B)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``has been'' and inserted in 
lieu thereof ``have been''.
    \106\ The second proviso of subsec d. was added by sec. 301(b)(2) 
of Public Law 99-64.
    \107\ This sentence was added by sec. 301(a)(3) of Public Law 99-
64.
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    Following submission of a proposed agreement for 
cooperation (except an agreement for cooperation arranged 
pursuant to subsection 91 c., 144 b., 144 c., or 144 d.) \89\ 
to the Committee on Foreign Affairs \100\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, the Nuclear Regulatory Commission, the Department of 
State, the Department of Energy,\108\ and the Department of 
Defense shall, upon the request of either of those committees, 
promptly furnish to those committees their views as to whether 
the safeguards and other controls contained therein provide an 
adequate framework to ensure that any exports as contemplated 
by such agreement will not be inimical to or constitute an 
unreasonable risk to the common defense and security.
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    \108\ Sec. 1225(d)(4)(C) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``the Arms Control and 
Disarmament Agency,''.
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    If, after the date of enactment of the Nuclear Non-
Proliferation Act of 1978, the Congress fails to disapprove a 
proposed agreement for cooperation which exempts the recipient 
nation from the requirement set forth in subsection 123 a. (2), 
such failure to act shall constitute a failure to adopt a 
resolution of disapproval pursuant to subsection 128 b. (3) for 
purposes of the Commission's consideration of applications and 
requests under section 126 a. (2) and there shall be no 
congressional review pursuant to section 128 of any subsequent 
license or authorization with respect to that state until the 
first such license or authorization which is issued after 
twelve months from the elapse of the sixty-day period in which 
the agreement for cooperation in question is reviewed by the 
Congress.
    Sec. 124.\109\ International Atomic Pool.--The President is 
authorized to enter into an international arrangement with a 
group of nations providing for international cooperation in the 
nonmilitary applications of atomic energy and he may thereafter 
cooperate with that group of nations pursuant to sections 54 
a., 57, 64, 82, 103, 104, or 114 a.: Provided, however, That 
the cooperation is undertaken pursuant to an agreement for 
cooperation entered into in accordance with section 123.
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    \109\ 42 U.S.C. 2154.
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    Sec. 125.\110\ Cooperation With Berlin.--The President may 
authorize the Commission to enter into agreement for 
cooperation with the Federal Republic of Germany in accordance 
with section 123, on behalf of Berlin, which for the purposes 
of this Act comprises those areas over which the Berlin Senate 
exercises jurisdiction (the United States, British, and French 
sectors) and the Commission may thereafter cooperate with 
Berlin pursuant to sections 54 a., 57, 64, 82, 103, or 104: 
Provided, That the guaranties required by section 123 shall be 
made by Berlin with the approval of the allied commandants.
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    \110\ Sec. 125 was added by Public Law 85-14 (71 Stat. 11).
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    Sec. 126.\111\ Export Licensing Procedures.--
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    \111\ 42 U.S.C. 2155. Sec. 126 was added by sec. 304(a) of the 
Nuclear Non-Proliferation Act of 1978 (92 Stat. 131).
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    a. No license may be issued by the Nuclear Regulatory 
Commission (the ``Commission'') for the export of any 
production or utilization facility, or any source material or 
special nuclear material, including distributions of any 
material by the Department of Energy under section 54, 64, or 
82, for which a license is required or requested, and no 
exemption from any requirement for such an export license may 
be granted by the Commission, as the case may be, until--
          (1) The Commission has been notified by the Secretary 
        of State that it is the judgment of the executive 
        branch that the proposed export or exemption will not 
        be inimical to the common defense and security, or that 
        any export in the category to which the proposed export 
        belongs would not be inimical to the common defense and 
        security because it lacks significance for nuclear 
        explosive purposes. The Secretary of State shall, 
        within ninety days after the enactment of this section, 
        establish orderly and expeditious procedures,\112\ 
        including provision for necessary administrative 
        actions and inter-agency memoranda of understanding, 
        which are mutually agreeable to the Secretaries of 
        Energy, Defense, and Commerce, and the Nuclear 
        Regulatory Commission,\113\ for the preparation of the 
        executive branch judgment on export applications under 
        this section. Such procedures shall include, at a 
        minimum, explicit direction on the handling of such 
        applications, express deadlines for the solicitation 
        and collection of the views of the consulted agencies 
        (with identified officials responsible for meeting such 
        deadlines), an inter-agency coordinating authority to 
        monitor the processing of such applications, 
        predetermined procedures for the expeditious handling 
        of intra-agency and inter-agency disagreements and 
        appeals to higher authorities, frequent meetings of 
        inter-agency administrative coordinators to review the 
        status of all pending applications, and similar 
        administrative mechanisms. To the extent practicable, 
        an applicant should be advised of all the information 
        required of the applicant for the entire process for 
        every agency's needs at the beginning of the process. 
        Potentially controversial applications should be 
        identified as quickly as possible so that any required 
        policy decisions or diplomatic consultations can be 
        initiated in a timely manner. An immediate effort 
        should be undertaken to establish quickly any necessary 
        standards and criteria, including the nature of any 
        required assurances or evidentiary showings, for the 
        decisions required under this section. The processing 
        of any export application proposed and filed as of the 
        date of enactment of this section shall not be delayed 
        pending the development and establishment of procedures 
        to implement the requirements of this section. The 
        executive branch judgment shall be completed in not 
        more than sixty days from receipt of the application or 
        request, unless the Secretary of State in his 
        discretion specifically authorizes additional time for 
        consideration of the application or request because it 
        is in the national interest to allow such additional 
        time. The Secretary shall notify the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Foreign Affairs \100\ of the House of Representatives 
        of any such authorization. In submitting any such 
        judgment, the Secretary of State shall specifically 
        address the extent to which the export criteria then in 
        effect are met and the extent to which the cooperating 
        party has adhered to the provision of the applicable 
        agreement for cooperation. In the event he considers it 
        warranted, the Secretary may also address the following 
        additional factors, among others:
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    \112\ See text of procedures in Legislation on Foreign Relations, 
vol. V, sec. L.
    \113\ Sec. 1225(d)(5) of the Foreign Affairs Agencies Consolidation 
Act of 1998 (subdivision A of division G of Public Law 105-277; 112 
Stat. 2681-774) struck out ``the Director of the Arms Control and 
Disarmament Agency, and the Nuclear Regulatory Commission'' and 
inserted in lieu thereof ``and the Nuclear Regulatory Commission,''.
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                  (A) whether issuing the license or granting 
                the exemption will materially advance the non-
                proliferation policy of the United States by 
                encouraging the recipient nation to adhere to 
                the Treaty, or to participate in the 
                undertakings contemplated by section 403 or 
                404(a) of the Nuclear Non-Proliferation Act of 
                1978;
                  (B) whether failure to issue the license or 
                grant the exemption would otherwise be 
                seriously prejudicial to the non-proliferation 
                objectives of the United States; and
                  (C) whether the recipient nation or group of 
                nations has agreed that conditions 
                substantially identical to the export criteria 
                set forth in section 127 of this Act will be 
                applied by another nuclear supplier nation or 
                group of nations to the proposed United States 
                export, and whether in the Secretary's judgment 
                those conditions will be implemented in a 
                manner acceptable to the United States.
        The Secretary of State shall provide appropriate data 
        and recommendations, subject to requests for additional 
        data and recommendations, as required by the Commission 
        or the Secretary of Energy, as the case may be; and
          (2) the Commission finds, based on a reasonable 
        judgment of the assurances provided and other 
        information available to the Federal Government, 
        including the Commission, that the criteria in section 
        127 of this Act or their equivalent, and any other 
        applicable statutory requirements, are met: Provided, 
        That continued cooperation under an agreement for 
        cooperation as authorized in accordance with section 
        124 of this Act shall not be prevented by failure to 
        meet the provisions of paragraph (4) or (5) of section 
        127 for a period of thirty days after enactment of this 
        section, and for a period of twenty-three months 
        thereafter if the Secretary of State notifies the 
        Commission that the nation or group of nations bound by 
        the relevant agreement has agreed to negotiations as 
        called for in section 404(a) of the Nuclear Non-
        Proliferation Act of 1978; however, nothing in this 
        subsection shall be deemed to relinquish any rights 
        which the United States may have under agreements for 
        cooperation in force on the date of enactment of this 
        section: Provided further, That if, upon the expiration 
        of such twenty-four month period, the President 
        determines that failure to continue cooperation with 
        any group of nations which has been exempted pursuant 
        to the above proviso from the provisions of paragraph 
        (4) or (5) of section 127 of this Act, but which has 
        not yet agreed to comply with those provisions would be 
        seriously prejudicial to the achievement of United 
        States non-proliferation objectives or otherwise 
        jeopardize the common defense and security, he may, 
        after notifying the Congress of his determination, 
        extend by Executive order the duration of the above 
        proviso for a period of twelve months, and may further 
        extend the duration of such proviso by one year 
        increments annually thereafter if he again makes such 
        determination and so notifies the Congress. In the 
        event that the Committee on Foreign Affairs \100\ of 
        the House of Representatives or the Committee on 
        Foreign Relations of the Senate reports a joint 
        resolution to take any action with respect to any such 
        extension, such joint resolution will be considered in 
        the House or Senate, as the case may be, under 
        procedures identical to those provided for the 
        consideration of resolutions pursuant to section 130 of 
        this Act; And additionally provided, That the 
        Commission is authorized to (A) make a single finding 
        under this subsection for more than a single 
        application or request, where the applications or 
        requests involve exports to the same country, in the 
        same general time frame, of similar significance for 
        nuclear explosive purposes and under reasonably similar 
        circumstances and (B) make a finding under this 
        subsection that there is no materially changed 
        circumstance associated with a new application or 
        request from those existing at the time of the last 
        application or request for an export to the same 
        country, where the prior application or request was 
        approved by the Commission using all applicable 
        procedures of this section, and such finding of no 
        materially changed circumstance shall be deemed to 
        satisfy the requirement of this paragraph for findings 
        of the Commission. The decision not to make any such 
        findings in lieu of the findings which would otherwise 
        be required to be made under this paragraph shall not 
        be subject to judicial review: And provided further, 
        That nothing contained in this section is intended to 
        require the Commission independently to conduct or 
        prohibit the Commission from independently conducting 
        country or site specific visitations in the 
        Commission's consideration of the application of IAEA 
        safeguards.
    b. (1) Timely consideration shall be given by the 
Commission to requests for export licenses and exemptions and 
such requests shall be granted upon a determination that all 
applicable statutory requirements have been met.
    (2) If, after receiving the executive branch judgment that 
the issuance of a proposed export license will not be inimical 
to the common defense and security, the Commission does not 
issue the proposed license on a timely basis because it is 
unable to make the statutory determinations required under this 
Act, the Commission shall publicly issue its decision to that 
effect, and shall submit the license application to the 
President. The Commission's decision shall include an 
explanation of the basis for the decision and any dissenting or 
separate views. If, after receiving the proposed license 
application and reviewing the Commission's decision, the 
President determines that withholding the proposed export would 
be seriously prejudicial to the achievement of United States 
non-proliferation objectives, or would otherwise jeopardize the 
common defense and security, the proposed export may be 
authorized by Executive order.\114\ Provided, That prior to any 
such export, the President shall submit the Executive order, 
together with his explanation of why, in light of the 
Commission's decision, the export should nonetheless be made, 
to the Congress for a period of sixty days of continuous 
session (as defined in subsection 130 g.) and shall be referred 
to the Committee on Foreign Affairs \100\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, but any such proposed export shall not occur if during 
such sixty-day period the Congress adopts a concurrent 
resolution stating in substance that it does not favor the 
proposed export. Any such Executive order shall be considered 
pursuant to the procedures set forth in section 130 of this Act 
for the consideration of Presidential submissions: And provided 
further, That the procedures established pursuant to subsection 
(b) of section 304 of the Nuclear Non-Proliferation Act of 1978 
shall provide that the Commission shall immediately initiate 
review of any application for a license under this section and 
to the maximum extent feasible shall expeditiously process the 
application concurrently with the executive branch review, 
while awaiting the final executive branch judgment. In 
initiating its review, the Commission may identify a set of 
concerns and requests for information associated with the 
projected issuance of such licenses and shall transmit such 
concerns and requests to the executive branch which shall 
address such concerns and requests in its written 
communications with the Commission. Such procedures shall also 
provide that if the Commission has not completed action on the 
application within sixty days after the receipt of an executive 
branch judgment that the proposed export or exemption is not 
inimical to the common defense and security or that any export 
in the category to which the proposed export beings would not 
be inimical to the common defense and security because it lacks 
significance for nuclear explosive purposes, the Commission 
shall inform the applicant in writing of the reason for delay 
and provide follow-up reports as appropriate. If the Commission 
has not completed action by the end of any additional sixty 
days (a total of one hundred and twenty days from receipt of 
the executive branch judgment), the President may authorize the 
proposed export by Executive order, upon a finding that further 
delay would be excessive and upon making the findings required 
for such Presidential authorizations under this subsection, and 
subject to the Congressional review procedures set forth 
herein. However, if the Commission has commenced procedures for 
public participation regarding the proposed export under 
regulations promulgated pursuant to subsection (b) of section 
304 of the Nuclear Non-Proliferation Act of 1978, or--within 
sixty days after receipt of the executive branch judgment on 
the proposed export--the Commission has identified and 
transmitted to the executive branch a set of additional 
concerns or requests for information, the President may not 
authorize the proposed export until sixty days after public 
proceedings are completed or sixty days after a full executive 
branch response to the Commission's additional concerns or 
requests has been made consistent with subsection a. (1) of 
this section: Provided further, That nothing in this section 
shall affect the right of the Commission to obtain data and 
recommendations from the Secretary of State at any time as 
provided in subsection a. (1) of this section.
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    \114\ Pursuant to Presidential Memorandum of Oct. 3, 1980 (45 F.R. 
67629), the Secretary of State is authorized to determine the ``time, 
terms, and conditions of exports made pursuant to any Executive Order'' 
issued under this paragraph. This memorandum also authorized the 
Secretary, on behalf of the President, to issue ``such rules, 
regulations and procedures'' as deemed necessary in order to exercise 
the functions delegated by the memorandum.
---------------------------------------------------------------------------
    c. In the event that the House of Representatives or the 
Senate passes a joint resolution which would adopt one or more 
additional export criteria, or would modify any existing export 
criteria under this Act, any such joint resolution shall be 
referred in the other House to the Committee on Foreign 
Relations of the Senate or the Committee on Foreign Affairs 
\100\ of the House of Representatives, as the case may be, and 
shall be considered by the other House under applicable 
procedures provided for the consideration of resolutions 
pursuant to section 130 of this Act.
    Sec. 127.\115\ Criteria Governing United States Nuclear 
Exports.--
---------------------------------------------------------------------------
    \115\ 42 U.S.C. 2156. Sec. 127 was added by sec. 305 of the Nuclear 
Non-Proliferation Act of 1978 (92 Stat 136).
---------------------------------------------------------------------------
    The United States adopts the following criteria which, in 
addition to other requirements of law, will govern exports for 
peaceful nuclear uses from the United States of source 
material, special nuclear material, production or utilization 
facilities, and any sensitive nuclear technology:
          (1) IAEA safeguards as required by Article III(2) of 
        the Treaty will be applied with respect to any such 
        material or facilities proposed to be exported, to any 
        such material or facilities proposed to be exported, to 
        any such material or facilities previously exported and 
        subject to the applicable agreement for cooperation, 
        and to any special nuclear material used in or produced 
        through the use thereof.
          (2) No such material, facilities, or sensitive 
        nuclear technology proposed to be exported or 
        previously exported and subject to the applicable 
        agreement for cooperation, and no special nuclear 
        material produced through the use of such materials, 
        facilities, or sensitive nuclear technology, will be 
        used for any nuclear explosive device or for research 
        on or development of any nuclear explosive device.
          (3) Adequate physical security measures will be 
        maintained with respect to such material or facilities 
        proposed to be exported and to any special nuclear 
        material used in or produced through the use thereof. 
        Following the effective date of any regulations 
        promulgated by the Commission pursuant to section 
        304(d) of the Nuclear Non-Proliferation Act of 1978, 
        physical security measures shall be deemed adequate if 
        such measures provide a level of protection equivalent 
        to that required by the applicable regulations.
          (4) No such materials, facilities, or sensitive 
        nuclear technology proposed to be exported, and no 
        special nuclear material produced through the use of 
        such material, will be retransferred to the 
        jurisdiction of any other nation or group of nations 
        unless the prior approval of the United States is 
        obtained for such retransfer. In addition to other 
        requirements of law, the United States may approve such 
        retransfer only if the nation or group of nations 
        designated to receive such retransfer agrees that it 
        shall be subject to the conditions required by this 
        section.
          (5) No such material proposed to be exported and no 
        special nuclear material produced through the use of 
        such material will be reprocessed, and no irradiated 
        fuel elements containing such material removed from a 
        reactor shall be altered in form or content, unless the 
        prior approval of the United States is obtained for 
        such reprocessing or alteration.
          (6) No such sensitive nuclear technology shall be 
        exported unless the foregoing conditions shall be 
        applied to any nuclear material or equipment which is 
        produced or constructed under the jurisdiction of the 
        recipient nation or group of nations by or through the 
        use of any such exported sensitive nuclear technology.
    Sec. 128.\116\ Additional Export Criterion and 
Procedures.--
---------------------------------------------------------------------------
    \116\ 42 U.S.C. 2157. Sec. 128 was added by sec. 306 of the Non-
Proliferation Act of 1978 (92 Stat. 137).
---------------------------------------------------------------------------
    a. (1) As a condition of continued United States export of 
source material, special nuclear material, production or 
utilization facilities, and any sensitive nuclear technology to 
non-nuclear-weapon states, no such export shall be made unless 
IAEA safeguards are maintained with respect to all peaceful 
nuclear activities in, under the jurisdiction of, or carried 
out under the control of such state at the time of the export.
    (2) The President shall seek to achieve adherence to the 
foregoing criterion by recipient non-nuclear-weapon states.
    b. The criterion set forth in subsection a. shall be 
applied as an export criterion with respect to any application 
for the export of materials, facilities, or technology 
specified in subsection a. which is filed after eighteen months 
from the date of enactment of this section, or for any such 
application under which the first export would occur at least 
twenty-four months after the date of enactment of this section, 
except as provided in the following paragraphs:
          (1) If the Commission or the Department of Energy, as 
        the case may be, is notified that the President has 
        determined that failure to approve an export to which 
        this subsection applies because such criterion has not 
        yet been met would be seriously prejudicial to the 
        achievement of United States non-proliferation 
        objectives or otherwise jeopardize the common defense 
        and security, the license or authorization may be 
        issued subject to other applicable requirements of law: 
        Provided, That no such export of any production or 
        utilization facility or of any source or special 
        nuclear material (intended for use as fuel in any 
        production or utilization facility) which has been 
        licensed or authorized pursuant to this subsection 
        shall be made to any non-nuclear-weapon state which has 
        failed to meet such criterion until the first such 
        license or authorization with respect to such state is 
        submitted to the Congress (together with a detailed 
        assessment of the reasons underlying the President's 
        determination, the judgment of the executive branch 
        required under section 126 of this Act, and any 
        Commission opinion and views) for a period of sixty 
        days of continuous session (as defined in subsection 
        130 g. of this Act) and referred to the Committee on 
        Foreign Affairs \117\ of the House of Representatives 
        and the Committee on Foreign Relations of the Senate, 
        but such export shall not occur if during such sixty-
        day period the Congress adopts a concurrent resolution 
        stating in substance that the Congress does not favor 
        the proposed export. Any such license or authorization 
        shall be considered pursuant to the procedures set 
        forth in section 130 of this Act for the consideration 
        of Presidential submissions.
---------------------------------------------------------------------------
    \117\ Sec. 15(f)(5) of Public Law 103-437 (108 Stat. 4592) struck 
out ``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) 
subsequently provided that references to the Committee on Foreign 
Affairs of the House of Representatives shall be treated as referring 
to the Committee on International Relations of the House of 
Representatives.
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          (2) If the Congress adopts a resolution of 
        disapproval pursuant to paragraph (1), no further 
        export of materials, facilities, or technology 
        specified in subsection a. shall be permitted for the 
        remainder of that Congress, unless such state meets the 
        criterion or the President notifies the Congress that 
        he has determined that significant progress has been 
        made in achieving adherence to such criterion by such 
        state or that United States foreign policy interests 
        dictate reconsideration and the Congress, pursuant to 
        the procedure of paragraph (1), does not adopt a 
        concurrent resolution stating in substance that it 
        disagrees with the President's determination.
          (3) If the Congress does not adopt a resolution of 
        disapproval with respect to a license or authorization 
        submitted pursuant to paragraph (1), the criterion set 
        forth in subsection a. shall not be applied as an 
        export criterion with respect to exports of materials, 
        facilities and technology specified in subsection a. to 
        that state: Provided, That the first license or 
        authorization with respect to that state which is 
        issued pursuant to this paragraph after twelve months 
        from the elapse of the sixty-day period specified in 
        paragraph (1), and the first such license or 
        authorization which is issued after each twelve-month 
        period thereafter, shall be submitted to the Congress 
        for review pursuant to the procedures specified in 
        paragraph (1): Provided further, That if the Congress 
        adopts a resolution of disapproval during any review 
        period provided for by this paragraph, the provisions 
        of paragraph (2) shall apply with respect to further 
        exports to such state.
    Sec. 129.\118\ Conduct Resulting in Termination of Nuclear 
Exports.--
---------------------------------------------------------------------------
    \118\ 42 U.S.C. 2158. Sec. 129 was added by sec. 307 of the Nuclear 
Non-Proliferation Act of 1978 (Public Law 95-242; 92 Stat. 138).
---------------------------------------------------------------------------
    No nuclear materials and equipment or sensitive nuclear 
technology shall be exported to--
          (1) any non-nuclear-weapon state that is found by the 
        President to have, at any time after the effective date 
        of this section,
                  (A) detonated a nuclear explosive device; or
                  (B) terminated or abrogated IAEA safeguards; 
                or
                  (C) materially violated an IAEA safeguards 
                agreement; or
                  (D) engaged in activities involving source or 
                special nuclear material and having direct 
                significance for the manufacture or acquisition 
                of nuclear explosive devices, and has failed to 
                take steps which, in the President's judgment, 
                represent sufficient progress toward 
                terminating such activities; or
          (2) any nation or group of nations that is found by 
        the President to have, at any time after the effective 
        date of this section,
                  (A) materially violated an agreement for 
                cooperation with the United States, or, with 
                respect to material or equipment not supplied 
                under an agreement for cooperation, materially 
                violated the terms under which such material or 
                equipment was supplied or the terms of any 
                commitments obtained with respect thereto 
                pursuant to section 402(a) of the Nuclear Non-
                Proliferation Act of 1978; or
                  (B) assisted, encouraged, or induced any non-
                nuclear-weapon state to engage in activities 
                involving source or special nuclear material 
                and having direct significance for the 
                manufacture or acquisition of nuclear explosive 
                devices, and has failed to take steps which, in 
                the President's judgment, represent sufficient 
                progress toward terminating such assistance, 
                encouragement, or inducement; or
                  (C) entered into an agreement after the date 
                of enactment of this section for the transfer 
                of reprocessing equipment, materials, or 
                technology to the sovereign control of a non-
                nuclear-weapon state except in connection with 
                an international fuel cycle evaluation in which 
                the United States is a participant or pursuant 
                to a subsequent international agreement or 
                understanding to which the United States 
                subscribes;
unless the President determines \119\ that cessation of such 
exports would be seriously prejudicial to the achievement of 
United States nonproliferation objectives or otherwise 
jeopardize the common defense and security: Provided, That 
prior to the effective date of any such determination, the 
President's determination, together with a report containing 
the reasons for his determination, shall be submitted to the 
Congress and referred to the Committee on Foreign Affairs \117\ 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate for a period of sixty days of 
continuous session (as defined in subsection 130 g. of this 
Act), but any such determination shall not become effective if 
during such sixty-day period the Congress adopts a concurrent 
resolution stating in substance that it does not favor the 
determination. Any such determination shall be considered 
pursuant to the procedures set forth in section 130 of this Act 
for the consideration of Presidential submissions.
---------------------------------------------------------------------------
    \119\ The President made such a determination relating to Romania 
on August 30, 1993 (Presidential Determination No. 93-36; 58 F.R. 
48261).
---------------------------------------------------------------------------
    Sec. 130.\120\ Congressional Review Procedures.--
---------------------------------------------------------------------------
    \120\ 42 U.S.C. 2159. Sec. 130 was added by sec. 308 of the Nuclear 
Non-Proliferation Act of 1978 (92 Stat. 139).
---------------------------------------------------------------------------
    a. Not later than forty-five days of continuous session of 
Congress after the date of transmittal to the Congress of any 
submission of the President required by subsection 126 a. (2), 
126 b. (2), 128 b., 129, 131 a. (3), or 131 f. (1)(A) of this 
Act, the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \117\ of the House of 
Representatives,\121\ shall each submit a report to its 
respective House on its views and recommendations respecting 
such Presidential submission together with a resolution, as 
defined in subsection f., stating in substance that the 
Congress approves or disapproves such submission, as the case 
may be: Provided, That if any such committee has not reported 
such a resolution at the end of such forty-five day period, 
such committee shall be deemed to be discharged from further 
consideration of such submission.\122\ If no such resolution 
has been reported at the end of such period, the first 
resolution, as defined in subsection f., which is introduced 
within five days thereafter within such House shall be placed 
on the appropriate calendar of such House.
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    \121\ At this point, sec. 301(c)(1) of Public Law 99-64 (99 Stat. 
160) struck out the following words: ``, and in addition, in the case 
of a proposed agreement for cooperation arranged pursuant to subsection 
91 c., 144 b., or 144 c., the Committee on Armed Services of the House 
of Representatives and the Committee on Armed Services of the 
Senate,''.
    \122\ At this point, sec. 301(c)(1) of Public Law 99-64 (99 Stat. 
160) struck out the following words: ``and if, in the case of a 
proposed agreement for cooperation arranged pursuant to subsection 91 
c., 144 b., or 144 c. of this Act, the other relevant committee of that 
House has reported such a resolution, such committee shall be deemed 
discharged from further consideration of that resolution''.
---------------------------------------------------------------------------
    b. When the relevant committee or committees have reported 
such a resolution (or have been discharged from further 
consideration of such a resolution pursuant to subsection a.) 
or when a resolution has been introduced and placed on the 
appropriate calendar pursuant to subsection a., as the case may 
be, it is at any time thereafter in order (even though a 
previous motion to the same effect has been disagreed to) for 
any Member of the respective House to move to proceed to the 
consideration of the resolution. The motion is highly 
privileged and is not debatable. The motion shall not be 
subject to amendment, or to a motion to postpone, or to a 
motion to proceed to the consideration of other business. A 
motion to reconsider the vote by which the motion is agreed to 
or disagreed to shall not be in order. If a motion to proceed 
to the consideration of the resolution is agreed to, the 
resolution shall remain the unfinished business of the 
respective House until disposed of.
    c. Debate on the resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not 
more than ten hours, which shall be divided equally between 
individuals favoring and individuals opposing the resolution. A 
motion further to limit debate is in order and not debatable. 
An amendment to a motion to postpone, or a motion to recommit 
the resolution, or a motion to proceed to the consideration of 
other business is not in order. A motion to reconsider the vote 
by which the resolution is agreed to or disagreed to shall not 
be in order. No amendment to any concurrent resolution pursuant 
to the procedures of this section is in order except as 
provided in subsection d.
    d. Immediately following (1) the conclusion of the debate 
on such concurrent resolution, (2) a single quorum call at the 
conclusion of debate if requested in accordance with the rules 
of the appropriate House, and (3) the consideration of an 
amendment introduced by the Majority Leader or his designee to 
insert the phrase, ``does not'' in lieu of the word ``does'' if 
the resolution under consideration is a concurrent resolution 
of approval, the vote on final approval of the resolution shall 
occur.
    e. Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of 
Representatives, as the case may be, to the procedure relating 
to such a resolution shall be decided without debate.
    f. For the purposes of subsections a. through e. of this 
section, the term ``resolution'' means a concurrent resolution 
of the Congress, the matter after the resolving clause of which 
is as follows: ``That the Congress (does or does not) favor the 
...................... transmitted to the Congress by the 
President on ......................, ......'', the blank spaces 
therein to be appropriately filled, and the affirmative or 
negative phrase within the parentheses to be appropriately 
selected.
    g. (1) Except as provided in paragraph (2), for \123\ the 
purposes of this section--
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    \123\ The text to this point, beginning with ``g. (1)'' was 
inserted in lieu of ``For'', by sec. 301(c)(1) of Public Law 99-64 (99 
Stat. 160).
---------------------------------------------------------------------------
          (A) continuity of session is broken only by an 
        adjournment of Congress sine die; and
          (B) the days on which either House is not in session 
        because of an adjournment of more than three days to a 
        day certain are excluded in the
    computation of any period of time in which Congress is in 
continuous session.
    (2) For purposes of this section insofar as it applies to 
section 123--
          (A) continuity of session is broken only by an 
        adjournment of Congress sine die at the end of a 
        Congress; and
          (B) the days on which either House is not in session 
        because of an adjournment of more than three days are 
        excluded in the computation of any period of time in 
        which Congress is in continuous session.\124\
---------------------------------------------------------------------------
    \124\ Par. 2 was added by sec. 301(c)(2)(A) of Public Law 99-64 (99 
Stat. 160).
---------------------------------------------------------------------------
    h. This section is enacted by Congress--
          (1) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such they are deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in that House in the 
        case of resolutions described by subsection f. of this 
        section; and they supersede other rules only to the 
        extent that they are inconsistent therewith; and
          (2) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of that House.
    i.\125\ (1) For the purposes of this subsection, the term 
``joint resolution'' means a joint resolution, the matter after 
the resolving clause of which is as follows: ``That the 
Congress (does or does not) favor the proposed agreement for 
cooperation transmitted to the Congress by the President on     
        .'', with the date of the transmission of the proposed 
agreement for cooperation inserted in the blank, and the 
affirmative or negative phrase within the parentheses 
appropriately selected.
---------------------------------------------------------------------------
    \125\ Subsec. (i) was added by sec. 301(c)(2)(B) of Public Law 99-
64 (99 Stat. 161).
---------------------------------------------------------------------------
    (2) On the day on which a proposed agreement for 
cooperation is submitted to the House of Representatives and 
the Senate under section 123 d., a joint resolution with 
respect to such agreement for cooperation shall be introduced 
(by request) in the House by the chairman of the Committee on 
Foreign Affairs,\126\ for himself and the ranking minority 
member of the Committee, or by Members of the House designated 
by the chairman and ranking minority member; and shall be 
introduced (by request) in the Senate by the majority leader of 
the Senate, for himself and the minority leader of the Senate, 
or by Members of the Senate designated by the majority leader 
and minority leader of the Senate. If either House is not in 
session on the day on which such an agreement for cooperation 
is submitted, the joint resolution shall be introduced in that 
House, as provided in the preceding sentence, on the first day 
thereafter on which that House is in session.
---------------------------------------------------------------------------
    \126\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (3) All joint resolutions introduced in the House of 
Representatives shall be referred to the appropriate committee 
or committees, and all joint resolutions introduced in the 
Senate shall be referred to the Committee on Foreign Relations 
and in addition, in the case of a proposed agreement for 
cooperation arranged pursuant to section 91 c., 144 b., or 144 
c., the Committee on Armed Services.
    (4) If the committee of either House to which a joint 
resolution has been referred has not reported it at the end of 
45 days after its introduction, the committee shall be 
discharged from further consideration of the joint resolution 
or of any other joint resolution introduced with respect to the 
same matter, except that, in the case of a joint resolution 
which has been referred to more than one committee, if before 
the end of that 45-day period one such committee has reported 
the joint resolution, any other committee to which the joint 
resolution was referred shall be discharged from further 
consideration of the joint resolution or of any other joint 
resolution introduced with respect to the same matter.
    (5) A joint resolution under this subsection shall be 
considered in the Senate in accordance with the provisions of 
section 601(b)(4) of the International Security Assistance and 
Arms Export Control Act of 1976. For the purpose of expediting 
the consideration and passage of joint resolutions reported or 
discharged pursuant to the provisions of this subsection, it 
shall be in order for the Committee on Rules of the House of 
Representatives to present for consideration a resolution of 
the House of Representatives providing procedures for the 
immediate consideration of a joint resolution under this 
subsection which may be similar, if applicable, to the 
procedures set forth in section 601(b)(4) of the International 
Security Assistance and Arms Export Control Act of 1976.
    (6) In the case of a joint resolution described in 
paragraph (1), if prior to the passage by one House of a joint 
resolution in that House, that House received a joint 
resolution with respect to the same matter from the other 
House, then--
          (A) the procedures in that House shall be the same as 
        if no joint resolution had been received from the other 
        House; but
          (B) the vote on final passage shall be on the joint 
        resolution of the other House.
    Sec. 131.\127\ Subsequent Arrangements.--
---------------------------------------------------------------------------
    \127\ 42 U.S.C. 2160. Sec. 131 was added by sec. 303(a) of the 
Nuclear Non-Proliferation Act of 1978 (92 Stat. 127).
---------------------------------------------------------------------------
    a. (1) Prior to entering into any proposed subsequent 
arrangement under an agreement for cooperation (other than an 
agreement for cooperation arranged pursuant to subsection 91 
c., 144 b., or 144 c. of this Act), the Secretary of Energy 
shall obtain the concurrence of the Secretary of State and 
shall consult with \128\ the Commission, and the Secretary of 
Defense: Provided, That the Secretary of State shall have the 
leading role in any negotiations of a policy nature pertaining 
to any proposed subsequent arrangement regarding arrangements 
for the storage or disposition of irradiated fuel elements or 
approvals for the transfer, for which prior approval is 
required under an agreement for cooperation, by a recipient of 
source or special nuclear material, production or utilization 
facilities, or nuclear technology. Notice of any proposed 
subsequent arrangement shall be published in the Federal 
Register, together with the written determination of the 
Secretary of Energy that such arrangement will not be inimical 
to the common defense and security, and such proposed 
subsequent arrangement shall not take effect before fifteen 
days after publication. Whenever the Secretary of State is 
required \129\ to prepare a Nuclear Proliferation Assessment 
Statement pursuant to paragraph (2) of this subsection, notice 
of the proposed subsequent arrangement which is the subject of 
the requirement to prepare a Nuclear Proliferation Assessment 
Statement \130\ shall not be published until after the receipt 
by the Secretary of Energy of such Statement or the expiration 
of the time authorized by subsection c. for the preparation of 
such Statement, whichever occurs first.\131\
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    \128\ Sec. 1225(d)(6)(A)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``the Director,''.
    \129\ Sec. 1225(d)(6)(A)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``the Director declares that he 
intends'' and inserted in lieu thereof ``the Secretary of State is 
required''.
    \130\ Sec. 1225(d)(6)(A)(iii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``the Director's declaration'' 
and inserted in lieu thereof ``the requirement to prepare a Nuclear 
Proliferation Assessment Statement''.
    \131\ Sec. 406 of the Nuclear Non-Proliferation Act of 1978 (92 
Stat. 148) provided that ``No court or regulatory body shall have any 
jurisdiction under any law to compel the performance of or to review 
the adequacy of the performance of any Nuclear Proliferation Assessment 
Statement called for in this Act or in the 1954 Act.''.
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    (2) If in the view of the Secretary of State, Secretary of 
Energy, Secretary of Defense, or the Commission \132\ a 
proposed subsequent arrangement might significantly contribute 
to proliferation, the Secretary of State, in consultation with 
such Secretary or the Commission, shall prepare \133\ an 
unclassified Nuclear Proliferation Assessment Statement \131\ 
with regard to such proposed subsequent arrangement regarding 
the adequacy of the safeguards and other control mechanisms and 
the application of the peaceful use assurances of the relevant 
agreement to ensure that assistance to be furnished pursuant to 
the subsequent arrangement will not be used to further any 
military or nuclear explosive purpose. For the purposes of this 
section, the term ``subsequent arrangements'' means 
arrangements entered into by any agency or department of the 
United States Government with respect to cooperation with any 
nation or group of nations (but not purely private or domestic 
arrangements) involving--
---------------------------------------------------------------------------
    \132\ Sec. 1225(d)(6)(B)(i) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``Director's view'' and 
inserted in lieu thereof ``view of the Secretary of State, Secretary of 
Energy, Secretary of Defense, or the Commission''.
    \133\ Sec. 1225(d)(6)(B)(ii) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``he shall prepare'' and 
inserted in lieu thereof ``the Secretary of State, in consultation with 
such Secretary or the Commission, shall prepare''.
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          (A) contracts for the furnishing of nuclear materials 
        and equipment;
          (B) approvals for the transfer, for which prior 
        approval is required under an agreement for 
        cooperation, by a recipient of any source or special 
        nuclear material, production or utilization facility, 
        or nuclear technology;
          (C) authorization for the distribution of nuclear 
        materials and equipment pursuant to this Act which is 
        not subject to the procedures set forth in section 111 
        b., section 126, or section 109 b.;
          (D) arrangements for physical security;
          (E) arrangements for the storage or disposition of 
        irradiated fuel elements;
          (F) arrangements for the application of safeguards 
        with respect to nuclear materials and equipment; or
          (G) any other arrangement which the President finds 
        to be important from the standpoint of preventing 
        proliferation.
    (3) The United States will give timely consideration to all 
requests for prior approval, when required by this Act, for the 
reprocessing of material proposed to be exported, previously 
exported and subject to the applicable agreement for 
cooperation, or special nuclear material produced through the 
use of such material or a production or utilization facility 
transferred pursuant to such agreement for cooperation, or to 
the altering of irradiated fuel elements containing such 
material, and additionally, to the maximum extent feasible, 
will attempt to expedite such consideration when the terms and 
conditions for such actions are set forth in such agreement for 
cooperation or in some other international agreement executed 
by the United States and subject to congressional review 
procedures comparable to those set forth in section 123 of this 
Act.
    (4) All other statutory requirements under other sections 
of this Act for the approval or conduct of any arrangement 
subject to this subsection shall continue to apply and any 
other such requirements for prior approval or conditions for 
entering such arrangements shall also be satisfied before the 
arrangement takes effect pursuant to subsection a. (1).
    b. With regard to any special nuclear material exported by 
the United States or produced through the use of any nuclear 
materials and equipment or sensitive nuclear technology 
exported by the United States--
          (1) the Secretary of Energy may not enter into any 
        subsequent arrangement for the retransfer of any such 
        material to a third country for reprocessing, for the 
        reprocessing of any such material, or for the 
        subsequent retransfer of any plutonium in quantities 
        greater than 500 grams resulting from the reprocessing 
        of any such material, until he has provided the 
        Committee on Foreign Affairs \134\ of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate with a report containing his reasons for 
        entering into such arrangement and a period of 15 days 
        of continuous session (as defined in subsection 130 g. 
        of this Act) has elapsed: Provided, however, That if in 
        the view of the President an emergency exists due to 
        unforeseen circumstances requiring immediate entry into 
        a subsequent arrangement, such period shall consist of 
        fifteen calendar days;
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    \134\ Sec. 15(f)(6)(A) of Public Law 103-437 (108 Stat. 4592) 
struck out ``International Relations'' and inserted in lieu thereof 
``Foreign Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) 
subsequently provided that references to the Committee on Foreign 
Affairs of the House of Representatives shall be treated as referring 
to the Committee on International Relations of the House of 
Representatives.
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          (2) the Secretary of Energy may not enter into any 
        subsequent arrangement for the reprocessing of any such 
        material in a facility which has not processed power 
        reactor fuel assemblies or been the subject of a 
        subsequent arrangement therefor prior to the date of 
        enactment of the Nuclear Non-Proliferation Act of 1978 
        or for subsequent retransfer to a non-nuclear-weapon 
        state of any plutonium in quantities greater than 500 
        grams resulting from such reprocessing, unless in his 
        judgment, and that of the Secretary of State, such 
        reprocessing or retransfer will not result in a 
        significant increase of the risk of proliferation 
        beyond that which exists at the time that approval is 
        requested. Among all the factors in making this 
        judgment, foremost consideration will be given to 
        whether or not the reprocessing or retransfer will take 
        place under conditions that will ensure timely warning 
        to the United States of any diversion well in advance 
        of the time at which the non-nuclear-weapon state could 
        transform the diverted material into a nuclear 
        explosive device; and
          (3) the Secretary of Energy shall attempt to ensure, 
        in entering into any subsequent arrangement for the 
        reprocessing of any such material in any facility that 
        has processed power reactor fuel assemblies or been the 
        subject of a subsequent arrangement therefor prior to 
        the date of enactment of the Nuclear Non-Proliferation 
        Act of 1978, or for the subsequent retransfer to any 
        non-nuclear-weapon state of any plutonium in quantities 
        greater than 500 grams resulting from such 
        reprocessing, that such reprocessing or retransfer 
        shall take place under conditions comparable to those 
        which in this view, and that of the Secretary of State, 
        satisfy the standards set forth in the paragraph (2).
    c. The Secretary of Energy shall, within ninety days after 
the enactment of this section, establish orderly and 
expeditious procedures, including provision for necessary 
administrative actions and inter-agency memoranda of 
understanding, which are mutually agreeable to the Secretaries 
of State, Defense, and Commerce \135\ and the Nuclear 
Regulatory Commission for the consideration of requests for 
subsequent arrangements under this section.\136\ Such 
procedures shall include, at a minimum, explicit direction on 
the handling of such requests, express deadlines for the 
solicitation and collection of the views of the consulted 
agencies (with identified officials responsible for meeting 
such deadlines), an inter-agency coordinating authority to 
monitor the processing of such requests, predetermined 
procedures for the expeditious handling of intra-agency and 
inter-agency disagreements and appeals to higher authorities, 
frequent meetings of inter-agency administrative coordinators 
to review the status of all pending requests, and similar 
administrative mechanisms. To the extent practicable, an 
applicant should be advised of all the information required of 
the applicant for the entire process for every agency's needs 
at the beginning of the process. Potentially controversial 
requests should be identified as quickly as possible so that 
any required policy decisions or diplomatic consultations can 
be initiated in a timely manner. An immediate effort should be 
undertaken to establish quickly any necessary standards and 
criteria, including the nature of any required assurance or 
evidentiary showings, for the decisions required under this 
section. Further, such procedures shall specify that if he 
intends to prepare a Nuclear Proliferation Assessment 
Statement, the Secretary of State \137\ shall so declare in his 
response to the Department of Energy. If the Secretary of State 
\137\ declares that he intends to prepare such a Statement, he 
shall do so within sixty days of his receipt of a copy of the 
proposed subsequent arrangement (during which time the 
Secretary of Energy may not enter into the subsequent 
arrangement), unless pursuant to the Secretary of State's \137\ 
request, the President waives the sixty-day requirement and 
notifies the Committee on Foreign Affairs \134\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate of such waiver and the justification therefor. The 
processing of any subsequent arrangement proposed and filed as 
of the date of enactment of this section shall not be delayed 
pending the development and establishment of procedures to 
implement the requirements of this section.
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    \135\ Sec. 1225(d)(7)(A) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-775) struck out ``, the Director of the Arms 
Control and Disarmament Agency,''.
    \136\ See text of procedures in Legislation on Foreign Relations, 
vol. V, sec. L.
    \137\ Sec. 1225(d)(7)(B) of the Foreign Affairs Agencies 
Consolidation Act of 1998 (subdivision A of division G of Public Law 
105-277; 112 Stat. 2681-774) struck out ``Director'' in the sixth and 
seventh sentence of this subsec., and inserted in lieu thereof 
``Secretary of State''. In the seventh sentence, ``Director's'' was 
replaced with ``Secretary of State's'', pursuant to sec. 1225(d)(7)(C) 
of that Act.
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    d. Nothing in this section is intended to prohibit, 
permanently or unconditionally, the reprocessing of spent fuel 
owned by a foreign nation which fuel has been supplied by the 
United States, to preclude the United States from full 
participation in the International Nuclear Fuel Cycle 
Evaluation provided for in section 105 of the Nuclear Non-
Proliferation Act of 1978; to in any way limit the presentation 
or consideration in that evaluation of any nuclear fuel cycle 
by the United States or any other participation; nor the 
prejudice open and objective consideration of the results of 
the evaluation.
    e. Notwithstanding subsection 402(d) of the Department of 
Energy Organization Act (Public Law 95-91), the Secretary of 
Energy, and not the Federal Energy Regulatory Commission, shall 
have sole jurisdiction within the Department of Energy over any 
matter arising from any function of the Secretary of Energy in 
this section.
    f. (1) With regard to any subsequent arrangement under 
subsection a. (2)(E) (for the storage or disposition of 
irradiated fuel elements), where such arrangement involves a 
direct or indirect commitment of the United States for the 
storage or other disposition, interim or permanent, of any 
foreign spent nuclear fuel in the United States, the Secretary 
of Energy may not enter into any such subsequent arrangement, 
unless:
          (A)(i) Such commitment of the United States has been 
        submitted to the Congress for a period of sixty days of 
        continuous session (as defined in subsection 130 g. of 
        this Act) and has been referred to the Committee on 
        Foreign Affairs \134\ of the House of Representatives 
        and the Committee on Foreign Relations of the Senate, 
        but any such commitment shall not become effective if 
        during such sixty-day period the Congress adopts a 
        concurrent resolution stating in substance that it does 
        not favor the commitment, any such commitment to be 
        considered pursuant to the procedures set forth in 
        section 130 of this Act for the consideration of 
        Presidential submissions; or (ii) if the President has 
        submitted a detailed generic plan for such disposition 
        or storage in the United States to the Congress for a 
        period of sixty days of continuous session (as defined 
        in subsection 130 g. of this Act), which plan has been 
        referred to the Committee on Foreign Affairs \134\ of 
        the House of Representatives and the Committee on 
        Foreign Relations of the Senate and has not been 
        disapproved during such sixty-day period by the 
        adoption of a concurrent resolution stating in 
        substance that Congress does not favor the plan; and 
        the commitment is subject to the terms of an effective 
        plan. Any such plan shall be considered pursuant to the 
        procedures set forth in section 130 of this Act for the 
        consideration of Presidential submissions;
          (B) The Secretary of Energy has complied with 
        subsection a.; and
          (C) The Secretary of Energy has complied, or in the 
        arrangement will comply with all other statutory 
        requirements of this Act, under sections 54 and 55 and 
        any other applicable sections, and any other 
        requirements of law.
    (2) Subsection (1) shall not apply to the storage or other 
disposition in the United States of limited quantities of 
foreign spent nuclear fuel if the President determines that (A) 
a commitment under section 54 or 55 of this Act of the United 
States for storage or other disposition of such limited 
quantities in the United States is required by an emergency 
situation, (B) it is in the national interest to take such 
immediate action, and (C) he notifies the Committees on Foreign 
Affairs \134\ and Science, Space, and Technology \138\ of the 
House of Representatives and the Committees on Foreign 
Relations and Energy and Natural Resources of the Senate of the 
determination and action, with a detailed explanation and 
justification thereof, as soon as possible.
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    \138\ Sec. 15(f)(6)(B) of Public Law 103-437 (108 Stat. 4593) 
struck out ``Science and Technology'' and inserted in lieu thereof 
``Science, Space, and Technology''. Sec. 1(a)(10) of Public Law 104-14 
(109 Stat. 187) subsequently provided that references to the Committee 
on Science, Space, and Technology of the House of Representatives shall 
be treated as referring to the Committee on Science of the House of 
Representatives.
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    (3) Any plan submitted by the President under subsection f. 
(1) shall include a detailed discussion, with detailed 
information, and any supporting documentation thereof, relating 
to policy objectives, technical description, geographic 
information, cost data and justifications, legal and regulatory 
considerations, environmental impact information and any 
related international agreements, arrangements or 
understandings.
    (4) For the purposes of this subsection, the term ``foreign 
spent nuclear fuel'' shall include any nuclear fuel irradiated 
in any nuclear power reactor located outside of the United 
States and operated by any foreign legal entity, government or 
nongovernment, regardless of the legal ownership or other 
control of the fuel or the reactor and regardless of the origin 
or licensing of the fuel or reactor, but not including fuel 
irradiated in a research reactor.
    Sec. 132.\139\ Authority to Suspend Nuclear Cooperation 
with Nations Which Have Not Ratified the Convention on the 
Physical Security of Nuclear Material.--
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    \139\ 42 U.S.C. 2160b. Sec. 132 was added by sec. 602 of Public Law 
99-399 (100 Stat. 875).
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    The President may suspend nuclear cooperation under this 
Act with any nation or group of nations which has not ratified 
the Convention on the Physical Security of Nuclear Material.
    Sec. 133.\140\ Consultation with the Department of Defense 
Concerning Certain Exports and Subsequent Arrangements.--
---------------------------------------------------------------------------
    \140\ 42 U.S.C. 2160c. Sec. 133 was added by sec. 603 of Public Law 
99-399 (100 Stat. 875).
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    a. In addition to other applicable requirements--
          (1) a license may be issued by the Nuclear Regulatory 
        Commission under this Act for the export of special 
        nuclear material described in subsection b.; and
          (2) approval may be granted by the Secretary of 
        Energy under section 131 of this Act for the transfer 
        of special nuclear material described in subsection b.;
only after the Secretary of Defense has been consulted on 
whether the physical protection of that material during the 
export or transfer will be adequate to deter theft, sabotage, 
and other acts of international terrorism which would result in 
the diversion of that material. If, in the view of the 
Secretary of Defense based on all available intelligence 
information, the export or transfer might be subject to a 
genuine terrorist threat, the Secretary shall provide to the 
Nuclear Regulatory Commission or the Secretary of Energy, as 
appropriate, his written assessment of the risk and a 
description of the actions the Secretary of Defense considers 
necessary to upgrade physical protection measures.
    b. Subsection a. applies to the export or transfer of more 
than 2 kilograms of plutonium or more than 5 kilograms \141\ of 
uranium enriched to more than 20 percent in the isotope 233 or 
the isotope 235.
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    \141\ Sec. 829 of Public Law 103-236 (108 Stat. 521) struck out 
``20 kilograms'' and inserted in lieu thereof ``5 kilograms''.
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    Sec. 134.\142\ Further Restrictions on Exports.--
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    \142\ 42 U.S.C. 2160d. Sec. 903(a)(1) of the Energy Policy Act of 
1992 (Public Law 102-486; 106 Stat. 2944) added sec. 134.
    Sec. 903(b) of that Act further provided the following:
    ``(b) Report to Congress.--
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          ``(1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Chairman of the Nuclear 
        Regulatory Commission, after consulting with other relevant 
        agencies, shall submit to the Congress a report detailing the 
        current disposition of previous United States exports of highly 
        enriched uranium, including--

                  ``(A) their location;
                  ``(B) whether they are irradiated;
                  ``(C) whether they have been used for the purpose 
                stated in their export license; and
                  ``(D) whether they have been used for an alternative 
                purpose and, if so, whether such alternative purpose 
                has been explicitly approved by the Commission.

          ``(2) Exports to euratom.--To the maximum extent possible, 
        the report required by paragraph (1) shall include--

                  ``(A) exports of highly enriched uranium to EURATOM; 
                and
                  ``(B) subsequent retransfers of such material within 
                EURATOM, without regard to the extent of United States 
                control over such retransfers.''.
    a. The Commission may issue a license for the export of 
highly enriched uranium to be used as a fuel or target in a 
nuclear research or test reactor only if, in addition to any 
other requirement of this Act, the Commission determines that--
          (1) there is no alternative nuclear reactor fuel or 
        target enriched in the isotope 235 to a lesser percent 
        than the proposed export, that can be used in that 
        reactor;
          (2) the proposed recipient of that uranium has 
        provided assurances that, whenever an alternative 
        nuclear reactor fuel or target can be used in that 
        reactor, it will use that alternative in lieu of highly 
        enriched uranium; and
          (3) the United States Government is actively 
        developing an alternative nuclear reactor fuel or 
        target that can be used in that reactor.
    b. As used in this section--
          (1) the term ``alternative nuclear reactor fuel or 
        target'' means a nuclear reactor fuel or target which 
        is enriched to less than 20 percent in the isotope U-
        235;
          (2) the term ``highly enriched uranium'' means 
        uranium enriched to 20 percent or more in the isotope 
        U-235; and
          (3) a fuel or target ``can be used'' in a nuclear 
        research or test reactor if--
                  (A) the fuel or target has been qualified by 
                the Reduced Enrichment Research and Test 
                Reactor Program of the Department of Energy, 
                and
                  (B) use of the fuel or target will permit the 
                large majority of ongoing and planned 
                experiments and isotope production to be 
                conducted in the reactor without a large 
                percentage increase in the total cost of 
                operating the reactor.

                   Chapter 12. Control of Information

    Sec. 141.\143\ Policy.--It shall be the policy of the 
Commission to control the dissemination and declassification of 
Restricted Data in such a manner as to assure the common 
defense and security. Consistent with such policy, the 
Commission shall be guided by the following principles:
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    \143\ 42 U.S.C. 2161.
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    a. Until effective and enforceable international safeguards 
against the use of atomic energy for destructive purposes have 
been established by an international arrangement, there shall 
be no exchange of Restricted Data with other nations except as 
authorized by section 144; and
    b. The dissemination of scientific and technical 
information relating to atomic energy should be permitted and 
encouraged so as to provide that free interchange of ideas and 
criticism which is essential to scientific and industrial 
progress and public understanding and to enlarge the fund of 
technical information.
    Sec. 142.\144\ Classification and Declassification of 
Restricted Data.--
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    \144\ 42 U.S.C. 2162. Subsection f. to this section, added by sec. 
3152 of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2644), was repealed by sec. 3155(c)(3) 
of Public Law 103-337 (108 Stat. 3092). It formerly provided as 
follows:
    ``f. Notwithstanding any other law, the President may publicly 
release Restricted Data regarding the nuclear weapons stockpile of the 
United States if the United States and member states of the 
Commonwealth of Independent States reach reciprocal agreement on the 
release of such data.''.
    Sec. 3155 of Public Law 104-106 (110 Stat. 625; 42 U.S.C. 2162 
note) provided the following:
    ``sec. 3155. review of certain documents before declassification 
and release.
    ``(a) In General.--The Secretary of Energy shall ensure that, 
before a document of the Department of Energy that contains national 
security information is released or declassified, such document is 
reviewed to determine whether it contains restricted data.
    ``(b) Limitation on Declassification.--The Secretary may not 
implement the automatic declassification provisions of Executive Order 
12958 if the Secretary determines that such implementation could result 
in the automatic declassification and release of documents containing 
restricted data.
    ``(c) Restricted Data Defined.--In this section, the term 
`restricted data' has the meaning provided by section 11 y. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).''.
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    a. The Commission shall from time to time determine the 
data, within the definition of Restricted Data, which can be 
published without undue risk to the common defense and security 
and shall thereupon cause such data to be declassified and 
removed from the category of Restricted Data.
    b. The Commission shall maintain a continuous review of 
Restricted Data and of any Classification Guides issued for the 
guidance of those in the atomic energy program with respect to 
the areas of Restricted Data which have been declassified in 
order to determine which information may be declassified and 
removed from the category of Restricted Data without undue risk 
to the common defense and security.
    c. In the case of Restricted Data which the Commission and 
the Department of Defense jointly determine to relate primarily 
to the military utilization of atomic weapons, the 
determination that such data may be published without 
constituting an unreasonable risk to the common defense and 
security shall be made by the Commission and the Department of 
Defense jointly, and if the Commission and the Department of 
Defense do not agree, the determination shall be made by the 
President.
    d. The Commission shall remove from the Restricted Data 
category such data as the Commission and the Department of 
Defense jointly determine relates primarily to the military 
utilization of atomic weapons and which the Commission and 
Department of Defense jointly determine can be adequately 
safeguarded as defense information: Provided, however, That no 
such data so removed from the Restricted Data category shall be 
transmitted or otherwise made available to any nation or 
regional defense organization, while such data remains defense 
information, except pursuant to an agreement for cooperation 
entered into in accordance with subsection b. or d. of section 
144.\145\
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    \145\ Sec. 3155(c)(2) of Public Law 103-337 (108 Stat. 3092) struck 
out ``subsection 144 b.'' and inserted in lieu thereof ``subsection b. 
or d. of section 144.''.
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    e. The Commission shall remove from the Restricted Data 
category such information concerning the atomic energy programs 
of other nations as the Commission and the Director of Central 
Intelligence jointly determine to be necessary to carry out the 
provisions of section 102(d) of the National Security Act of 
1947, as amended, and can be adequately safeguarded as defense 
information.
    Sec. 143.\146\ Department of Defense Participation.--The 
Commission may authorize any of its employees, or employees of 
any contractor, prospective contractor, licensee or prospective 
licensee of the Commission or any other person authorized 
access to Restricted Data by the Commission under subsection 
145 b. and 145 c.\147\ to permit any employee of an agency of 
the Department of Defense or of its contractors, or any member 
of the Armed Forces to have access to Restricted Data required 
in the performance of his duties and so certified by the head 
of the appropriate agency of the Department of Defense or his 
designee: Provided, however, That the head of the appropriate 
agency of the Department of Defense or his designee has 
determined, in accordance with the established personnel 
security procedures and standards of such agency, that 
permitting the member or employee to have access to such 
Restricted Data will not endanger the common defense and 
security: And provided further, That the Secretary of Defense 
finds that the established personnel and other security 
procedures and standards of such agency are adequate and in 
reasonable conformity to the standards established by the 
Commission under section 145.
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    \146\ 42 U.S.C. 2163.
    \147\ Sec. 14 of Public Law 84-1006 (70 Stat. 1069) added the words 
``or any other person authorized access to Restricted Data by the 
Commission under subsection 145 b.''. Sec. 5 of Public Law 87-206 (75 
Stat. 475) deleted the words ``subsection 145 b.,'' and substituted in 
lieu thereof ``subsections 145 b. and 145 c.''.
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    Sec. 144.\148\ International Cooperation.--
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    \148\ 42 U.S.C. 2164. Sec. 3154(a) of Public Law 104-106 (110 Stat. 
624; 42 U.S.C. 2164 note) provided the following:
    ``sec. 3154. prohibition on international inspections of department 
of energy facilities unless protection of restricted data is certified.
    ``(a) Prohibition on Inspections.--(1) The Secretary of Energy may 
not allow an inspection of a nuclear weapons facility by the 
International Atomic Energy Agency until the Secretary certifies to 
Congress that no restricted data will be revealed during such 
inspection.
    ``(2) For purposes of paragraph (1), the term `restricted data' has 
the meaning provided by section 11 y. of the Atomic Energy Act of 1954 
(42 U.S.C. 2014(y)).''.
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    a. The President may authorize the Commission to cooperate 
with another nation and to communicate to that nation 
Restricted Data on--
          (1) refining, purification, and subsequent treatment 
        of source material;
          (2) civilian reactor development;
          (3) production of special nuclear material;
          (4) health and safety;
          (5) industrial and other applications of atomic 
        energy for peaceful purposes; and
          (6) research and development relating to the 
        foregoing:
Provided, however, That no such cooperation shall involve the 
communication of Restricted Data relating to the design or 
fabrication of atomic weapons: And provided further, That the 
cooperation is undertaken pursuant to an agreement for 
cooperation entered into in accordance with section 123, or is 
undertaken pursuant to an agreement existing on the effective 
date of this act.\149\
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    \149\ Sec. 5 of Public Law 85-479 (72 Stat. 276) amended subsec. a 
of sec. 144 by inserting the word ``civilian'' before the words 
``reactor development'' in clause (2).
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    b.\150\ The President may authorize the Department of 
Defense, with the assistance of the Commission, to cooperate 
with another nation or with a regional defense organization to 
which the United States is a party, and to communicate to that 
nation or organization such Restricted Data (including design 
information) as is necessary to--
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    \150\ Sec. 6 of Public Law 85-479 (72 Stat. 276) amended sec. 144 
by substituting a new subsec. b. Subsec. b. previously read as follows:
    ``b. The President may authorize the Department of Defense, with 
the assistance of the Commission, to cooperate with another nation or 
with a regional defense organization to which the United States is a 
party, and to communicate to that nation or organization such 
Restricted Data as is necessary to--
    ``(1) the development of defense plans;
    ``(2) the training of personnel in the employment of and defense 
against atomic weapons; and
    ``(3) the evaluation of the capabilities of potential enemies in 
the employment of atomic weapons.
    ``While such other nation or organization is participating with the 
United States pursuant to an international arrangement by substantial 
and material contributions to the mutual defense and security: 
Provided, however, That no such cooperation shall involve communication 
of Restricted Data relating to the design or fabrication of atomic 
weapons except with regard to external characteristics, including size, 
weight, and shape, yields and effects, and systems employed in the 
delivery or use thereof but not including any data in these categories 
unless in the joint judgment of the Commission and the Department of 
Defense such data will not reveal important information concerning the 
design or fabrication of the nuclear components of an atomic weapon: 
And provided further, That the cooperation is undertaken pursuant to an 
agreement entered into in accordance with section 123.''.
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          (1) the development of defense plans;
          (2) the training of personnel in the employment of 
        and defense against atomic weapons; and other military 
        applications of atomic energy;
          (3) the evaluation of the capabilities of potential 
        enemies in the employment of atomic weapons and other 
        military applications of atomic energy; and
          (4) the development of compatible delivery systems 
        for atomic weapons;
whenever the President determines that the proposed cooperation 
and the proposed communication of the Restricted Data will 
promote and will not constitute an unreasonable risk to the 
common defense and security, while such other nation or 
organization is participating with the United States pursuant 
to an international arrangement by substantial and material 
contributions to the mutual defense and security: Provided, 
however, That the cooperation is undertaken pursuant to an 
agreement entered into in accordance with section 123.
    c.\151\ In addition to the cooperation authorized in 
subsections 144 a. and 144 b., the President may authorize the 
Commission, with the assistance of the Department of Defense, 
to cooperate with another nation and--
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    \151\ Sec. 7 of Public Law 85-479 (72 Stat. 276) amended sec. 144 
by adding subsecs. c and d (redesignated as subsec. e.).
---------------------------------------------------------------------------
          (1) to exchange with that nation Restricted Data 
        concerning atomic weapons: Provided, That communication 
        of such Restricted Data to that nation is necessary to 
        improve its atomic weapon design, development, or 
        fabrication capability and provided that nation has 
        made substantial progress in the development of atomic 
        weapons; and
          (2) to communicate or exchange with that nation 
        Restricted Data concerning research, development, or 
        design, or military reactors,
whenever the President determines that the proposed cooperation 
and the communication of the proposed Restricted Data will 
promote and will not constitute an unreasonable risk to the 
common defense and security, while such other nation is 
participating with the United States pursuant to an 
international arrangement by substantial and material 
contributions to the mutual defense and security: Provided, 
however, That the cooperation is undertaken pursuant to an 
agreement entered into in accordance with section 123.
    d.\152\ (1) In addition to the cooperation authorized in 
subsections a., b., and c., the President may, upon making a 
determination described in paragraph (2), authorize the 
Department of Energy, with the assistance of the Department of 
Defense, to cooperate with another nation to communicate to 
that nation such Restricted Data, and the President may, upon 
making such determination, authorize the Department of Defense, 
with the assistance of the Department of Energy, to cooperate 
with another nation to communicate to that nation such data 
removed from the Restricted Data category under section 142, as 
is necessary for--
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    \152\ Sec. 3155(a)(2) of Public Law 103-337 (108 Stat. 3091) added 
subsec. d.
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          (A) the support of a program for the control of and 
        accounting for fissile material and other weapons 
        material;
          (B) the support of the control of and accounting for 
        atomic weapons;
          (C) the verification of a treaty; and
          (D) the establishment of international standards for 
        the classification of data on atomic weapons, data on 
        fissile material, and related data.
    (2) A determination referred to in paragraph (1) is a 
determination that the proposed cooperation and proposed 
communication referred to in that paragraph--
          (A) will promote the common defense and security 
        interests of the United States and the nation 
        concerned; and
          (B) will not constitute an unreasonable risk to such 
        common defense and security interests.
    (3) Cooperation under this subsection shall be undertaken 
pursuant to an agreement for cooperation entered into in 
accordance with section 123.
    e.\153\ The President may authorize an agency of the United 
States to communicate in accordance with the terms and 
conditions of an agreement for cooperation arranged pursuant to 
subsection 144 a., b., c., or d.,\154\ such Restricted Data as 
is determined to be transmissible under the agreement for 
cooperation involved.
---------------------------------------------------------------------------
    \153\ This subsection, added as subsec. d. by sec. 7 of Public Law 
85-479 (72 Stat. 276), was redesignated as subsec. e. by sec. 
3155(a)(1) of Public Law 103-337 (108 Stat. 3091).
    \154\ Sec. 3155(c)(4) of Public Law 103-337 (108 Stat. 3092) struck 
out ``or c.'' and inserted in lieu thereof ``c., or d.''.
---------------------------------------------------------------------------
    Sec. 145.\155\ Restrictions.--
---------------------------------------------------------------------------
    \155\ 42 U.S.C. 2165.
---------------------------------------------------------------------------
    a. No arrangement shall be made under section 31, no 
contract shall be made or continued in effect under section 41, 
and no license shall be issued under section 103 or 104, unless 
the person with whom such arrangement is made, the contractor 
or prospective contractor, or the prospective licensee agrees 
in writing not to permit any individual to have access to 
Restricted Data until the Civil Service Commission shall have 
made an investigation and report to the Commission on the 
character, associations, and loyalty of such individual, and 
the Commission shall have determined that permitting such 
person to have access to Restricted Data will not endanger the 
common defense and security.
    b. Except as authorized by the Commission or the General 
Manager upon a determination by the Commission or General 
Manager that such action is clearly consistent with the 
national interest, no individual shall be employed by the 
Commission nor shall the Commission permit any individual to 
have access to Restricted Data until the Civil Service 
Commission shall have made an investigation and report to the 
Commission on the character, associations and loyalty of such 
individual, and the Commission shall have determined that 
permitting such person to have access to Restricted Data will 
not endanger the common defense and security.
          * * * * * * *
    Sec. 147.\156\ Safeguards Information.--
---------------------------------------------------------------------------
    \156\ 42 U.S.C. 2167. Sec. 147 was added by sec. 207(a)(1) of 
Public Law 96-295 (94 Stat. 788).
---------------------------------------------------------------------------
    a. In addition to any other authority or requirement 
regarding protection from disclosure of information, and 
subject to subsection (b)(3) of section 552 of title 5 of the 
United States Code, the Commission shall prescribe such 
regulations, after notice and opportunity for public comment, 
or issue such orders, as necessary to prohibit the unauthorized 
disclosure of safeguards information which specifically 
identifies a licensee's or applicant's detailed--
          (1) control and accounting procedures or security 
        measures (including security plans, procedures or 
        equipment) for the physical protection of special 
        nuclear material, by whomever possessed, whether in 
        transit or at fixed sites, in quantities determined by 
        the Commission to be significant to the public health 
        and safety or the common defense and security;
          (2) security measures (including security plans, 
        procedures and equipment) for the physical protection 
        of source material or byproduct material, by whomever 
        possessed, whether in transit or at fixed sites, in 
        quantities determined by the Commission to be 
        significant to the public health and safety or the 
        common defense and security; or
          (3) security measures (including security plans, 
        procedures, and equipment) for the physical protection 
        of and the location of certain plant equipment vital to 
        the safety of production or utilization facilities 
        involving nuclear materials covered by paragraphs (1) 
        and (2)
if the unauthorized disclosure of such information could 
reasonably be expected to have a significant adverse effect on 
the health and safety of the public or the common defense and 
security by significantly increasing the likelihood of theft, 
diversion, or sabotage of such material or such facility. The 
Commission shall exercise the authority of this subsection--
          (A) so as to apply the minimum restrictions needed to 
        protect the health and safety of the public or the 
        common defense and security, and
          (B) upon a determination that the unauthorized 
        disclosure of such information could reasonably be 
        expected to have a significant adverse effect on the 
        health and safety of the public or the common defense 
        and security by significantly increasing the likelihood 
        of theft, diversion, or sabotage of such material or 
        such facility.
Nothing in this Act shall authorize the Commission to prohibit 
the public disclosure of information pertaining to the routes 
and quantities of shipments of source material, by-product 
material, high level nuclear waste, or irradiated nuclear 
reactor fuel. Any person, whether or not a licensee of the 
Commission, who violates any regulation adopted under this 
section shall be subject to the civil monetary penalties of 
section 234 of this Act. Nothing in this section shall be 
construed to authorize the withholding of information from the 
duly authorized committees of the Congress.
    b. For the purposes of section 223 of this Act, any 
regulations or orders prescribed or issued by the Commission 
under this section shall also be deemed to be prescribed or 
issued under section 161 b. of this Act.
    c. Any determination by the Commission concerning the 
applicability of this section shall be subject to judicial 
review pursuant to subsection (a)(4)(B) of section 552 of title 
5 of the United States Code.
    d. Upon prescribing or issuing any regulation or order 
under subsection a. of this section, the Commission shall 
submit to Congress a report that:
          (1) specifically identifies the type of information 
        the Commission intends to protect from disclosure under 
        the regulation or order;
          (2) specifically states the Commission's 
        justification for determining that unauthorized 
        disclosure of the information to be protected from 
        disclosure under the regulation or order could 
        reasonably be expected to have a significant adverse 
        effect on the health and safety of the public or the 
        common defense and security by significantly increasing 
        the likelihood of theft, diversion, or sabotage of such 
        material or such facility, as specified under 
        subsection (a) of this section; and
          (3) provides justification, including proposed 
        alternative regulations or orders, that the regulation 
        or order applies only the minimum restrictions needed 
        to protect the health and safety of the public or the 
        common defense and security.
    e. In addition to the reports required under subsection d. 
of this section, the Commission shall submit to Congress on a 
quarterly basis a report detailing the Commission's application 
during that period of every regulation or order prescribed or 
issued under this section. In particular, the report shall:
          (1) identify any information protected from 
        disclosure pursuant to such regulation or order;
          (2) specifically state the Commission's justification 
        for determining that unauthorized disclosure of the 
        information protected from disclosure under such 
        regulation or order could reasonably be expected to 
        have a significant adverse effect on the health and 
        safety of the public or the common defense and security 
        by significantly increasing the likelihood of theft, 
        diversion or sabotage of such material, or such 
        facility, as specified under subsection a. of this 
        section; and
          (3) provide justification that the Commission has 
        applied such regulation or order so as to protect from 
        disclosure only the minimum amount of information 
        necessary to protect the health and safety of the 
        public or the common defense and security.
    Sec. 148.\157\ Prohibition Against the Dissemination of 
Certain Unclassified Information.--
---------------------------------------------------------------------------
    \157\ 42 U.S.C. 2168. Sec. 210(a)(1) of Public Law 97-90 (95 Stat. 
1169) added sec. 148.
---------------------------------------------------------------------------
    a. (1) In addition to any other authority or requirement 
regarding protection from dissemination of information, and 
subject to section 552(b)(3) of title 5, United States Code, 
the Secretary of Energy (hereinafter in this section referred 
to as the ``Secretary''), with respect to atomic energy defense 
programs,\158\ shall prescribe such regulations, after notice 
and opportunity for public comment thereon, or issue such 
orders as may be necessary to prohibit the unauthorized 
dissemination of unclassified information pertaining to--
---------------------------------------------------------------------------
    \158\ Sec. 17(a) of Public Law 97-415 (96 Stat. 2076) added the 
words ``, with respect to atomic energy defense programs,''.
---------------------------------------------------------------------------
          (A) the design of production facilities or 
        utilization facilities;
          (B) security measures (including security plans, 
        procedures, and equipment) for the physical protection 
        of (i) production or utilization facilities, (ii) 
        nuclear material contained in such facilities, or (iii) 
        nuclear material in transit; or
          (C) the design, manufacture, or utilization of any 
        atomic weapon or component if the design, manufacture, 
        or utilization of such weapon or component was 
        contained in any information declassified or removed 
        from the Restricted Data category by the Secretary (or 
        the head of the predecessor agency of the Department of 
        Energy) pursuant to section 142.
    (2) The Secretary may prescribe regulations or issue orders 
under paragraph (1) to prohibit the dissemination of any 
information described in such paragraph only if and to the 
extent that the Secretary determines that the unauthorized 
dissemination of such information could reasonably be expected 
to have a significant adverse effect on the health and safety 
of the public or the common defense and security by 
significantly increasing the likelihood of (A) illegal 
production of nuclear weapons, or (B) theft, diversion, or 
sabotage of nuclear materials, equipment, or facilities.
    (3) In making a determination under paragraph (2), the 
Secretary may consider what the likelihood of an illegal 
production, theft, diversion, or sabotage referred to in such 
paragraph would be if the information proposed to be prohibited 
from dissemination under this section were at no time available 
for dissemination.
    (4) The Secretary shall exercise his authority under this 
subsection to prohibit the dissemination of any information 
described in subsection a. (1)--
          (A) so as to apply the minimum restrictions needed to 
        protect the health and safety of the public or the 
        common defense and security; and
          (B) upon a determination that the unauthorized 
        dissemination of such information could reasonably be 
        expected to result in a significant adverse effect on 
        the health and safety of the public or the common 
        defense and security by significantly increasing the 
        likelihood of (i) illegal production of nuclear 
        weapons, or (ii) theft, diversion, or sabotage of 
        nuclear materials, equipment, or facilities.
    (5) Nothing in this section shall be construed to authorize 
the Secretary to authorize the withholding of information from 
the appropriate committees of the Congress.
    b. (1) Any person who violates any regulation or order of 
the Secretary issued under this section with respect to the 
unauthorized dissemination of information shall be subject to a 
civil penalty, to be imposed by the Secretary, of not to exceed 
$100,000 for each such violation. The Secretary may compromise, 
mitigate, or remit any penalty imposed under this subsection.
    (2) The provisions of subsections b. and c. of section 234 
of this Act shall be applicable with respect to the imposition 
of civil penalties by the Secretary under this section in the 
same manner that such provisions are applicable to the 
imposition of civil penalties by the Commission under 
subsection a. of such section.
    c. For the purposes of section 223 of this Act, any 
regulation prescribed or order issued by the Secretary under 
this section shall also be deemed to be prescribed or issued 
under section 161 b. of this Act.
    d.\159\ Any determination by the Secretary concerning the 
applicability of this section shall be subject to judicial 
review pursuant to section 552(a)(4)(B) of title 5, United 
States Code.
---------------------------------------------------------------------------
    \159\ Sec. 17(b) of Public Law 97-415 (96 Stat. 2076) added 
subsecs. d. and e.
---------------------------------------------------------------------------
    e.\159\ The Secretary shall prepare on a quarterly basis a 
report to be made available upon the request of any interested 
person, detailing the Secretary's application during that 
period of each regulation or order prescribed or issued under 
this section. In particular, such report shall--
          (1) identify any information protected from 
        disclosure pursuant to such regulation or order;
          (2) specifically state the Secretary's justification 
        for determining that unauthorized dissemination of the 
        information protected from disclosure under such 
        regulation or order could reasonably be expected to 
        have a significant adverse effect on the health and 
        safety of the public or the common defense and security 
        by significantly increasing the likelihood of illegal 
        production of nuclear weapons, or theft, diversion, or 
        sabotage of nuclear materials, equipment, or 
        facilities, as specified under subsection a.; and
          (3) provide justification that the Secretary has 
        applied such regulation or order so as to protect from 
        disclosure only the minimum amount of information 
        necessary to protect the health and safety of the 
        public or the common defense and security.
    Sec. 149.\160\ Fingerprinting for Criminal History Record 
Checks.--
---------------------------------------------------------------------------
    \160\ 42 U.S.C. 2169. Sec. 149 was added by sec. 606 of Public Law 
99-399 (100 Stat. 876).
---------------------------------------------------------------------------
    a. The Nuclear Regulatory Commission (in this section 
referred to as the ``Commission'') shall require each licensee 
or applicant for a license to operate a utilization facility 
under section 103 or 104 b. to fingerprint each individual who 
is permitted unescorted access to the facility or is permitted 
access to safeguards information under section 147. All 
fingerprints obtained by a licensee or applicant as required in 
the preceding sentence shall be submitted to the Attorney 
General of the United States through the Commission for 
identification and a criminal history records check. The costs 
of any identification and records check conducted pursuant to 
the preceding sentence shall be paid by the licensee or 
applicant. Notwithstanding any other provision of law, the 
Attorney General may provide all the results of the search to 
the Commission, and, in accordance with regulations prescribed 
under this section, the Commission may provide such results to 
the licensee or applicant submitting such fingerprints.
    b. The Commission, by rule, may relieve persons from the 
obligations imposed by this section, upon specified terms, 
conditions, and periods, if the Commission finds that such 
action is consistent with its obligations to promote the common 
defense and security and to protect the health and safety of 
the public.
    c. For purposes of administering this section, the 
Commission shall prescribe, subject to public notice and 
comment, regulations--
          (1) to implement procedures for the taking of 
        fingerprints;
          (2) to establish the conditions for use of 
        information received from the Attorney General, in 
        order--
                  (A) to limit the redissemination of such 
                information;
                  (B) to ensure that such information is used 
                solely for the purpose of determining whether 
                an individual shall be permitted unescorted 
                access to the facility of a licensee or 
                applicant or shall be permitted access to 
                safeguards information under section 147;
                  (C) to ensure that no final determination may 
                be made solely on the basis of information 
                provided under this section involving--
                          (i) an arrest more than 1 year old 
                        for which there is no information of 
                        the disposition of the case; or
                          (ii) an arrest that resulted in 
                        dismissal of the charge or an 
                        acquittal; and
                  (D) to protect individuals subject to 
                fingerprinting under this section from misuse 
                of the criminal history records; and
          (3) to provide each individual subject to 
        fingerprinting under this section with the right to 
        complete, correct, and explain information contained in 
        the criminal history records prior to any final adverse 
        determination.
    d. (1) The Commission may establish and collect fees to 
process fingerprints and criminal history records under this 
section.
    (2) Notwithstanding section 3302(b) of title 31, United 
States Code, and to the extent approved in appropriation Acts--
          (A) a portion of the amounts collected under this 
        subsection in any fiscal year may be retained and used 
        by the Commission to carry out this section; and
          (B) the remaining portion of the amounts collected 
        under this subsection in such fiscal year may be 
        transferred periodically to the Attorney General and 
        used by the Attorney General to carry out this section.
    (3) Any amount made available for use under paragraph (2) 
shall remain available until expended.
          * * * * * * *

              Chapter 17. Joint Committee on Atomic Energy

                         [Repealed--1977] \161\

          * * * * * * *
---------------------------------------------------------------------------
    \161\ Sec. 302(a) of this Act, as added by Public Law 95-110, 
repealed ch. 17. For matters regarding the reassignment of functions 
and responsibilities of the Joint Committee, see ch. 20.
---------------------------------------------------------------------------

                       Chapter 19. Miscellaneous

          * * * * * * *
    Sec. 251.\162\ Report to Congress.--* * * [Repealed--1997]
---------------------------------------------------------------------------
    \162\ Sec. 3152(a)(1) of Public Law 105-85 (111 Stat. 2042) 
repealed sec. 251, which had required the Commission to report annually 
to Congress on its activities.
---------------------------------------------------------------------------
          * * * * * * *

Chapter 20.\163\ Joint Committee on Atomic Energy Abolished; Functions 
                    and Responsibilities Reassigned

    Sec. 301.\164\ Joint Committee on Atomic Energy 
Abolished.--
---------------------------------------------------------------------------
    \163\ Chapter 20 was added by Public Law 95-110 (91 Stat. 884).
    \164\ 42 U.S.C. 2258.
---------------------------------------------------------------------------
    a. The Joint Committee on Atomic Energy is abolished.
    b. Any reference in any rule, resolution, or order of the 
Senate or the House of Representatives or in any law, 
regulation, or Executive order to the Joint Committee on Atomic 
Energy shall, on and after the date of enactment of this 
section, be considered as referring to the committees of the 
Senate and the House of Representatives which, under the rules 
of the Senate and the House, have jurisdiction over the subject 
matter of such reference.
    c. All records, data, charts, and files of the Joint 
Committee on Atomic Energy are transferred to the committees of 
the Senate and House of Representatives which, under the rules 
of the Senate and the House, have jurisdiction over the subject 
matters to which such records, data, charts, and files relate. 
In the event that any record, data, chart, or file shall be 
within the jurisdiction of more than one committee, duplicate 
copies shall be provided upon request.
    Sec. 302. Transfers of Certain Functions of the Joint 
Committee on Atomic Energy and Conforming Amendments to Certain 
Other Laws.--
    a. Effective on the date of enactment of this section, 
chapter 17 of this Act is repealed.
    b. Section 103 of the Atomic Energy Community Act of 1955, 
as amended, is repealed.
    c. Section 3 of the Congressional Budget and Impoundment 
Control Act of 1974 is amended by--
          (1) striking the subsection designation ``(a)''; and
          (2) repealing subsection (b).
    d. Section 252(a)(3) of the Legislative Reorganization Act 
of 1970 is repealed.
    Sec. 303.\165\ Information and Assistance to Congressional 
Committees.--
---------------------------------------------------------------------------
    \165\ 42 U.S.C. 2259.
---------------------------------------------------------------------------
    a. The Secretary of Energy and the Nuclear Regulatory 
Commission shall keep the committees of the Senate and the 
House of Representatives which under the rules of the Senate 
and the House, have jurisdiction over the functions of the 
Secretary or the Commission, fully and currently informed with 
respect to the activities of the Secretary and the Commission.
    b. The Department of Defense and Department of State shall 
keep the committees of the Senate and the House of 
Representatives which under the rules of the Senate and the 
House, have jurisdiction over national security considerations 
of nuclear energy, fully and currently informed with respect to 
such matters within the Department of Defense and Department of 
State relating to national security considerations of nuclear 
technology which are within the jurisdiction of such 
committees.
    c. Any Government agency shall furnish any information 
requested by the committees of the Senate and the House of 
Representatives which, under the rules of the Senate and the 
House, have jurisdiction over the development, utilization, or 
application of nuclear energy, with respect to the activities 
or responsibilities of such agency in the field of nuclear 
energy which are within the jurisdiction of such committees.
    d. The committees of the Senate and the House of 
Representatives which, under the rules of the Senate and the 
House, have jurisdiction over the development, utilization, or 
application of nuclear energy, are authorized to utilize the 
services, information, facilities, and personnel of any 
Government agency which has activities or responsibilities in 
the field of nuclear energy which are within the jurisdiction 
of such committees: Provided, however, That any utilization of 
personnel by such committees shall be on a reimbursable basis 
and shall require, with respect to committees of the Senate, 
the prior written consent of the Committee on Rules and 
Administration, and with respect to committees of the House of 
Representatives, the prior written consent of the Committee on 
House Oversight.\166\
---------------------------------------------------------------------------
    \166\ Sec. 222(2) of Public Law 104-186 (110 Stat. 1751) struck out 
``House Administration'' and inserted in lieu thereof ``House 
Oversight''.
---------------------------------------------------------------------------
          * * * * * * *

         TITLE II--UNITED STATES ENRICHMENT CORPORATION  * * *



          Note.--Sec. 3116(a) of the USEC Privatization Act 
        (subchapter A of chapter 1 of title III of Public Law 
        104-134; 110 Stat. 349) repealed chapters 22 through 26 
        of this Act, upon privatization of the United States 
        Enrichment Corporation. See freestanding text of USEC 
        Privatization Act, beginning at page 1885.


              (2) North Korea Threat Reduction Act of 1999

    Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501, 
                       approved November 29, 1999

          * * * * * * *

              Subtitle B--North Korea Threat Reduction \1\

SEC. 821. SHORT TITLE.

    This subtitle may be cited as the ``North Korea Threat 
Reduction Act of 1999''.
---------------------------------------------------------------------------
    \1\ Subtitle B of title VIII of H.R. 3427, enacted by reference in 
sec. 1000(a)(7) of Public Law 106-113.
---------------------------------------------------------------------------

SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.

    (a) In General.--Notwithstanding any other provision of law 
or any international agreement, no agreement for cooperation 
(as defined in sec. 11 b. of the Atomic Energy Act of 1954 (42 
U.S.C. 2014 b.)) between the United States and North Korea may 
become effective, no license may be issued for export directly 
or indirectly to North Korea of any nuclear material, 
facilities, components, or other goods, services, or technology 
that would be subject to such agreement, and no approval may be 
given for the transfer or retransfer directly or indirectly to 
North Korea of any nuclear material, facilities, components, or 
other goods, services, or technology that would be subject to 
such agreement, until the President determines and reports to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate that--
          (1) North Korea has come into full compliance with 
        its safeguards agreement with the IAEA (INFCIRC/403), 
        and has taken all steps that have been deemed necessary 
        by the IAEA in this regard;
          (2) North Korea has permitted the IAEA full access to 
        all additional sites and all information (including 
        historical records) deemed necessary by the IAEA to 
        verify the accuracy and completeness of North Korea's 
        initial report of May 4, 1992, to the IAEA on all 
        nuclear sites and material in North Korea;
          (3) North Korea is in full compliance with its 
        obligations under the Agreed Framework;
          (4) North Korea has consistently taken steps to 
        implement the Joint Declaration on Denuclearization, 
        and is in full compliance with its obligations under 
        numbered paragraphs 1, 2, and 3 of the Joint 
        Declaration on Denuclearization (excluding in the case 
        of numbered paragraph 3 facilities frozen pursuant to 
        the Agreed Framework);
          (5) North Korea does not have uranium enrichment or 
        nuclear reprocessing facilities (excluding facilities 
        frozen pursuant to the Agreed Framework), and is making 
        no significant progress toward acquiring or developing 
        such facilities;
          (6) North Korea does not have nuclear weapons and is 
        making no significant effort to acquire, develop, test, 
        produce, or deploy such weapons; and
          (7) the transfer to North Korea of key nuclear 
        components, under the proposed agreement for 
        cooperation with North Korea and in accordance with the 
        Agreed Framework, is in the national interest of the 
        United States.
    (b) Construction.--The restrictions contained in subsection 
(a) shall apply in addition to all other applicable procedures, 
requirements, and restrictions contained in the Atomic Energy 
Act of 1954 and other laws.

SEC. 823. DEFINITIONS.

    In this subtitle:
          (1) Agreed framework.--The term ``Agreed Framework'' 
        means the ``Agreed Framework Between the United States 
        of America and the Democratic People's Republic of 
        Korea'', signed in Geneva on October 21, 1994, and the 
        Confidential Minute to that Agreement.
          (2) IAEA.--The term ``IAEA'' means the International 
        Atomic Energy Agency.
          (3) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea.
          (4) Joint declaration on denuclearization.--The term 
        ``Joint Declaration on Denuclearization'' means the 
        Joint Declaration on the Denuclearization of the Korean 
        Peninsula, issued by the Republic of Korea and the 
        Democratic People's Republic of Korea on January 1, 
        1992.
                       (3) USEC Privatization Act

 Partial text of Public Law 104-134 [Omnibus Consolidated Rescissions 
 and Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321, approved 
                             April 26, 1996

  AN ACT Making appropriations for fiscal year 1996 to make a further 
     downpayment toward a balanced budget, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                               TITLE III

                        RESCISSIONS AND OFFSETS

                               CHAPTER 1

                      ENERGY AND WATER DEVELOPMENT

    Subchapter A--United States Enrichment Corporation Privatization

SEC. 3101.\1\ SHORT TITLE.

    This subchapter may be cited as the ``USEC Privatization 
Act''.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2011 note.
---------------------------------------------------------------------------

SEC. 3102.\2\ DEFINITIONS.

    For purposes of this subchapter:
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 2297h.
---------------------------------------------------------------------------
          (1) The term ``AVLIS'' means atomic vapor laser 
        isotope separation technology.
          (2) The term ``Corporation'' means the United States 
        Enrichment Corporation and, unless the context 
        otherwise requires, includes the private corporation 
        and any successor thereto following privatization.
          (3) The term ``gaseous diffusion plants'' means the 
        Paducah Gaseous Diffusion Plant at Paducah, Kentucky 
        and the Portsmouth Gaseous Diffusion Plant at Piketon, 
        Ohio.
          (4) The term ``highly enriched uranium'' means 
        uranium enriched to 20 percent or more of the uranium-
        235 isotope.
          (5) The term ``low-enriched uranium'' means uranium 
        enriched to less than 20 percent of the uranium-235 
        isotope, including that which is derived from highly 
        enriched uranium.
          (6) The term ``low-level radioactive waste'' has the 
        meaning given such term in section 2(9) of the Low-
        Level Radioactive Waste Policy Act (42 U.S.C. 
        2021b(9)).
          (7) The term ``private corporation'' means the 
        corporation established under section 3105.
          (8) The term ``privatization'' means the transfer of 
        ownership of the Corporation to private investors.
          (9) The term ``privatization date'' means the date on 
        which 100 percent of the ownership of the Corporation 
        has been transferred to private investors.
          (10) The term ``public offering'' means an 
        underwritten offering to the public of the common stock 
        of the private corporation pursuant to section 3104.
          (11) The ``Russian HEU Agreement'' means the 
        Agreement Between the Government of the United States 
        of America and the Government of the Russian Federation 
        Concerning the Disposition of Highly Enriched Uranium 
        Extracted from Nuclear Weapons, dated February 18, 
        1993.
          (12) The term ``Secretary'' means the Secretary of 
        Energy.
          (13) The ``Suspension Agreement'' means the Agreement 
        to Suspend the Antidumping Investigation on Uranium 
        from the Russian Federation, as amended.
          (14) The term ``uranium enrichment'' means the 
        separation of uranium of a given isotopic content into 
        2 components, 1 having a higher percentage of a fissile 
        isotope and 1 having a lower percentage.

SEC. 3103.\3\ SALE OF THE CORPORATION.

    (a) Authorization.--The Board of Directors of the 
Corporation, with the approval of the Secretary of the 
Treasury, shall transfer the interest of the United States in 
the United States Enrichment Corporation to the private sector 
in a manner that provides for the long-term viability of the 
Corporation, provides for the continuation by the Corporation 
of the operation of the Department of Energy's gaseous 
diffusion plants, provides for the protection of the public 
interest in maintaining a reliable and economical domestic 
source of uranium mining, enrichment and conversion services, 
and, to the extent not inconsistent with such purposes, secures 
the maximum proceeds to the United States.
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 2297h-1.
---------------------------------------------------------------------------
    (b) Proceeds.--Proceeds from the sale of the United States' 
interest in the Corporation shall be deposited in the general 
fund of the Treasury.

SEC. 3104.\4\ METHOD OF SALE.

    (a) Authorization.--The Board of Directors of the 
Corporation, with the approval of the Secretary of the 
Treasury, shall transfer ownership of the assets and 
obligations of the Corporation to the private corporation 
established under section 3105 (which may be consummated 
through a merger or consolidation effected in accordance with, 
and having the effects provided under, the law of the State of 
incorporation of the private corporation, as if the Corporation 
were incorporated thereunder).
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 2297h-2.
---------------------------------------------------------------------------
    (b) Board Determination.--The Board, with the approval of 
the Secretary of the Treasury, shall select the method of 
transfer and establish terms and conditions for the transfer 
that will provide the maximum proceeds to the Treasury of the 
United States and will provide for the long-term viability of 
the private corporation, the continued operation of the gaseous 
diffusion plants, and the public interest in maintaining 
reliable and economical domestic uranium mining and enrichment 
industries.
    (c) Adequate Proceeds.--The Secretary of the Treasury shall 
not allow the privatization of the Corporation unless before 
the sale date the Secretary of the Treasury determines that the 
method of transfer will provide the maximum proceeds to the 
Treasury consistent with the principles set forth in section 
3103(a).
    (d) Application of Securities Laws.--Any offering or sale 
of securities by the private corporation shall be subject to 
the Securities Act of 1933 (15 U.S.C. 77a et seq.), the 
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and 
the provisions of the Constitution and laws of any State, 
territory, or possession of the United States relating to 
transactions in securities.
    (e) Expenses.--Expenses of privatization shall be paid from 
Corporation revenue accounts in the United States Treasury.

SEC. 3105.\5\ ESTABLISHMENT OF PRIVATE CORPORATION.

    (a) Incorporation.--(1) The directors of the Corporation 
shall establish a private for-profit corporation under the laws 
of a State for the purpose of receiving the assets and 
obligations of the Corporation at privatization and continuing 
the business operations of the Corporation following 
privatization.
---------------------------------------------------------------------------
    \5\ 42 U.S.C. 2297h-3.
---------------------------------------------------------------------------
    (2) The directors of the Corporation may serve as 
incorporators of the private corporation and shall take all 
steps necessary to establish the private corporation, including 
the filing of articles of incorporation consistent with the 
provisions of this subchapter.
    (3) Employees and officers of the Corporation (including 
members of the Board of Directors) acting in accordance with 
this section on behalf of the private corporation shall be 
deemed to be acting in their official capacities as employees 
or officers of the Corporation for purposes of section 205 of 
title 18, United States Code.
    (b) Status of the Private Corporation.--(1) The private 
corporation shall not be an agency, instrumentality, or 
establishment of the United States, a Government corporation, 
or a Government-controlled corporation.
    (2) Except as otherwise provided by this subchapter, 
financial obligations of the private corporation shall not be 
obligations of, or guaranteed as to principal or interest by, 
the Corporation or the United States, and the obligations shall 
so plainly state.
    (3) No action under section 1491 of title 28, United States 
Code, shall be allowable against the United States based on 
actions of the private corporation.
    (c) Application of Post-Government Employment 
Restrictions.--Beginning on the privatization date, the 
restrictions stated in section 207 (a), (b), (c), and (d) of 
title 18, United States Code, shall not apply to the acts of an 
individual done in carrying out official duties as a director, 
officer, or employee of the private corporation, if the 
individual was an officer or employee of the Corporation 
(including a director) continuously during the 45 days prior to 
the privatization date.
    (d) Dissolution.--In the event that the privatization does 
not occur, the Corporation will provide for the dissolution of 
the private corporation within 1 year of the private 
corporation's incorporation unless the Secretary of the 
Treasury or his delegate, upon the Corporation's request, 
agrees to delay any such dissolution for an additional year.

SEC. 3106.\6\ TRANSFERS TO THE PRIVATE CORPORATION.

    Concurrent with privatization, the Corporation shall 
transfer to the private corporation--
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    \6\ 42 U.S.C. 2297h-4.
---------------------------------------------------------------------------
          (1) the lease of the gaseous diffusion plants in 
        accordance with section 3107,
          (2) all personal property and inventories of the 
        Corporation,
          (3) all contracts, agreements, and leases under 
        section 3108(a),
          (4) the Corporation's right to purchase power from 
        the Secretary under section 3108(b),
          (5) such funds in accounts of the Corporation held by 
        the Treasury or on deposit with any bank or other 
        financial institution as approved by the Secretary of 
        the Treasury, and
          (6) all of the Corporation's records, including all 
        of the papers and other documentary materials, 
        regardless of physical form or characteristics, made or 
        received by the Corporation.
          * * * * * * *

SEC. 3112.\7\ URANIUM TRANSFERS AND SALES.

    (a) Transfers and Sales by the Secretary.--The Secretary 
shall not provide enrichment services or transfer or sell any 
uranium (including natural uranium concentrates, natural 
uranium hexafluoride, or enriched uranium in any form) to any 
person except as consistent with this section.
---------------------------------------------------------------------------
    \7\ 42 U.S.C. 2297h-10.
---------------------------------------------------------------------------
    (b) Russian HEU.--(1) On or before December 31, 1996, the 
United States Executive Agent under the Russian HEU Agreement 
shall transfer to the Secretary without charge title to an 
amount of uranium hexafluoride equivalent to the natural 
uranium component of low-enriched uranium derived from at least 
18 metric tons of highly enriched uranium purchased from the 
Russian Executive Agent under the Russian HEU Agreement. The 
quantity of such uranium hexafluoride delivered to the 
Secretary shall be based on a tails assay of 0.30 
U235. Uranium hexafluoride transferred to the 
Secretary pursuant to this paragraph shall be deemed under 
United States law for all purposes to be of Russian origin.
    (2) Within 7 years of the date of enactment of this Act, 
the Secretary shall sell, and receive payment for, the uranium 
hexafluoride transferred to the Secretary pursuant to paragraph 
(1). Such uranium hexafluoride shall be sold--
          (A) at any time for use in the United States for the 
        purpose of overfeeding;
          (B) at any time for end use outside the United 
        States;
          (C) in 1995 and 1996 to the Russian Executive Agent 
        at the purchase price for use in matched sales pursuant 
        to the Suspension Agreement; or,
          (D) in calendar year 2001 for consumption by end 
        users in the United States not prior to January 1, 
        2002, in volumes not to exceed 3,000,000 pounds 
        U3O8 equivalent per year.
    (3) With respect to all enriched uranium delivered to the 
United States Executive Agent under the Russian HEU Agreement 
on or after January 1, 1997, the United States Executive Agent 
shall, upon request of the Russian Executive Agent, enter into 
an agreement to deliver concurrently to the Russian Executive 
Agent an amount of uranium hexafluoride equivalent to the 
natural uranium component of such uranium. An agreement 
executed pursuant to a request of the Russian Executive Agent, 
as contemplated in this paragraph, may pertain to any 
deliveries due during any period remaining under the Russian 
HEU Agreement. The quantity of such uranium hexafluoride 
delivered to the Russian Executive Agent shall be based on a 
tails assay of 0.30 U235. Title to uranium 
hexafluoride delivered to the Russian Executive Agent pursuant 
to this paragraph shall transfer to the Russian Executive Agent 
upon delivery of such material to the Russian Executive Agent, 
with such delivery to take place at a North American facility 
designated by the Russian Executive Agent. Uranium hexafluoride 
delivered to the Russian Executive Agent pursuant to this 
paragraph shall be deemed under U.S. law for all purposes to be 
of Russian origin. Such uranium hexafluoride may be sold to any 
person or entity for delivery and use in the United States only 
as permitted in subsections (b)(5), (b)(6) and (b)(7) of this 
section.
    (4) In the event that the Russian Executive Agent does not 
exercise its right to enter into an agreement to take delivery 
of the natural uranium component of any low-enriched uranium, 
as contemplated in paragraph (3), within 90 days of the date 
such low-enriched uranium is delivered to the United States 
Executive Agent, or upon request of the Russian Executive 
Agent, then the United States Executive Agent shall engage an 
independent entity through a competitive selection process to 
auction an amount of uranium hexafluoride or 
U3O8 (in the event that the conversion 
component of such hexafluoride has previously been sold) 
equivalent to the natural uranium component of such low-
enriched uranium. An agreement executed pursuant to a request 
of the Russian Executive Agent, as contemplated in this 
paragraph, may pertain to any deliveries due during any period 
remaining under the Russian HEU Agreement. Such independent 
entity shall sell such uranium hexafluoride in one or more lots 
to any person or entity to maximize the proceeds from such 
sales, for disposition consistent with the limitations set 
forth in this subsection. The independent entity shall pay to 
the Russian Executive Agent the proceeds of any such auction 
less all reasonable transaction and other administrative costs. 
The quantity of such uranium hexafluoride auctioned shall be 
based on a tails assay of 0.30 U235. Title to 
uranium hexafluoride auctioned pursuant to this paragraph shall 
transfer to the buyer of such material upon delivery of such 
material to the buyer. Uranium hexafluoride auctioned pursuant 
to this paragraph shall be deemed under United States law for 
all purposes to be of Russian origin.
    (5) Except as provided in paragraphs (6) and (7), uranium 
hexafluoride delivered to the Russian Executive Agent under 
paragraph (3) or auctioned pursuant to paragraph (4), may not 
be delivered for consumption by end users in the United States 
either directly or indirectly prior to January 1, 1998, and 
thereafter only in accordance with the following schedule:

                 Annual Maximum Deliveries to End Users
 
               Year:                   (millions lbs.  U3O8 equivalent)
 
1998...............................   2
1999...............................   4
2000...............................   6
2001...............................   8
2002...............................  10
2003...............................  12
2004...............................  14
2005...............................  16
2006...............................  17
2007...............................  18
2008...............................  19
2009 and each year thereafter......  20
 

    (6) Uranium hexafluoride delivered to the Russian Executive 
Agent under paragraph (3) or auctioned pursuant to paragraph 
(4) may be sold at any time as Russian-origin natural uranium 
in a matched sale pursuant to the Suspension Agreement, and in 
such case shall not be counted against the annual maximum 
deliveries set forth in paragraph (5).
    (7) Uranium hexafluoride delivered to the Russian Executive 
Agent under paragraph (3) or auctioned pursuant to paragraph 
(4) may be sold at any time for use in the United States for 
the purpose of overfeeding in the operations of enrichment 
facilities.
    (8) Nothing in this subsection (b) shall restrict the sale 
of the conversion component of such uranium hexafluoride.
    (9) The Secretary of Commerce shall have responsibility for 
the administration and enforcement of the limitations set forth 
in this subsection. The Secretary of Commerce may require any 
person to provide any certifications, information, or take any 
action that may be necessary to enforce these limitations. The 
United States Customs Service shall maintain and provide any 
information required by the Secretary of Commerce and shall 
take any action requested by the Secretary of Commerce which is 
necessary for the administration and enforcement of the uranium 
delivery limitations set forth in this section.
    (10) The President shall monitor the actions of the United 
States Executive Agent under the Russian HEU Agreement and 
shall report to the Congress not later than December 31 of each 
year on the effect the low-enriched uranium delivered under the 
Russian HEU Agreement is having on the domestic uranium mining, 
conversion, and enrichment industries, and the operation of the 
gaseous diffusion plants. Such report shall include a 
description of actions taken or proposed to be taken by the 
President to prevent or mitigate any material adverse impact on 
such industries or any loss of employment at the gaseous 
diffusion plants as a result of the Russian HEU Agreement.
    (c) Transfers to the Corporation.--(1) The Secretary shall 
transfer to the Corporation without charge up to 50 metric tons 
of enriched uranium and up to 7,000 metric tons of natural 
uranium from the Department of Energy's stockpile, subject to 
the restrictions in subsection (c)(2).
    (2) The Corporation shall not deliver for commercial end 
use in the United States--
          (A) any of the uranium transferred under this 
        subsection before January 1, 1998;
          (B) more than 10 percent of the uranium (by uranium 
        hexafluoride equivalent content) transferred under this 
        subsection or more than 4,000,000 pounds, whichever is 
        less, in any calendar year after 1997; or
          (C) more than 800,000 separative work units contained 
        in low-enriched uranium transferred under this 
        subsection in any calendar year.
    (d) Inventory Sales.--(1) In addition to the transfers 
authorized under subsections (c) and (e), the Secretary may, 
from time to time, sell natural and low-enriched uranium 
(including low-enriched uranium derived from highly enriched 
uranium) from the Department of Energy's stockpile.
    (2) Except as provided in subsections (b), (c), and (e), no 
sale or transfer of natural or low-enriched uranium shall be 
made unless--
          (A) the President determines that the material is not 
        necessary for national security needs,
          (B) the Secretary determines that the sale of the 
        material will not have an adverse material impact on 
        the domestic uranium mining, conversion, or enrichment 
        industry, taking into account the sales of uranium 
        under the Russian HEU Agreement and the Suspension 
        Agreement, and
          (C) the price paid to the Secretary will not be less 
        than the fair market value of the material.
    (e) Government Transfers.--Notwithstanding subsection 
(d)(2), the Secretary may transfer or sell enriched uranium--
          (1) to a Federal agency if the material is 
        transferred for the use of the receiving agency without 
        any resale or transfer to another entity and the 
        material does not meet commercial specifications;
          (2) to any person for national security purposes, as 
        determined by the Secretary; or
          (3) to any State or local agency or nonprofit, 
        charitable, or educational institution for use other 
        than the generation of electricity for commercial use.
    (f) Savings Provision.--Nothing in this subchapter shall be 
read to modify the terms of the Russian HEU Agreement.
          * * * * * * *

SEC. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT.

    (a) Repeal.--(1) Chapters 22 through 26 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as of 
the privatization date.
          * * * * * * *
        (4) Establishment of the Enrichment Oversight Committee

  Executive Order 13085, May 26, 1998, 63 F.R. 29335, 42 U.S.C. 2297h 
                                note \1\
---------------------------------------------------------------------------

    \1\ See also Executive Order 13159 of June 21, 2000 (65 F.R. 
39279), relating to ``Blocking property of the Government of the 
Russian Federation relating to the disposition of highly enriched 
uranium extracted from nuclear weapons''; Legislation on Foreign 
Relations Through 2000, vol. III.
---------------------------------------------------------------------------
    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, and 
in order to further the national security and other interests 
of the United States with regard to uranium enrichment and 
related businesses after the privatization of the United States 
Enrichment Corporation (USEC), it is ordered as follows:
    Section 1. Establishment. There is hereby established as 
Enrichment Oversight Committee (EOC).
    Sec. 2. Objectives. the EOC shall monitor and coordinate 
United States Government efforts with respect to the privatized 
USEC and any successor entities involved in uranium enrichment 
and related businesses in furtherance of the following 
objectives:
          (a) The full implementation of the Agreement Between 
        the Government of the United States of America and the 
        Government of the Russian Federation Concerning the 
        Disposition of Highly Enriched Uranium (HEU) Extracted 
        from Nuclear Weapons, dated February 18, 1993 (``HEU 
        Agreement''), and related contracts and agreements by 
        the USEC as executive agent or by any other executive 
        agents;
          (b) The application of statutory, regulatory, and 
        contractual restrictions on foreign ownership, control, 
        or influence in the USEC, any successor entities, and 
        any other executive agents;
          (c) The development and implementation of United 
        States Government policy regarding uranium enrichment 
        and related technologies, processes, and data; and
          (d) The collection and dissemination of information 
        relevant to any of the foregoing on an ongoing basis, 
        including from the Central Intelligence Agency and the 
        Federal Bureau of Investigation.
    Sec. 3. Organization. (a) The EOC shall be Chaired by a 
senior official from the National Security Council (NSC). The 
Chair shall coordinate the carrying out of the purposes and 
policy objectives of this order. The EOC shall meet as often as 
appropriate, but at least quarterly, and shall submit reports 
to the Assistant to the President for National Security Affairs 
semiannually, or more frequently as appropriate. The EOC shall 
prepare annually the report for the President's transmittal to 
the Congress pursuant to section 3112 of the USEC Privatization 
Act, Public Law 104-134, title III, 3112(b)(1), 110 Stat. 1321-
344, 1321-346 (1996).
    (b) The EOC shall consist of representatives from the 
Departments of State, the Treasury, Defense, Justice, Commerce, 
Energy, and the Office of Management and Budget, the NSC, the 
National Economic Council, the Council of Economic Advisers, 
and the Intelligence Community. The EOC shall formulate 
internal guidelines for its operations, including guidelines 
for convening meetings.
    (c) The EOC shall coordinate sharing of information and 
provide direction, while operational responsibilities resulting 
from the EOC's oversight activities will rest with EOC member 
agencies.
    (d) At the request of the EOC, appropriate agencies, 
including the Department of Energy, shall provide day-to-day 
support for the EOC.
    Sec. 4. HEU Agreement, Oversight. The EOC shall form an HEU 
Agreement Oversight Subcommittee (the ``Subcommittee'') in 
order to continue coordination of the implementation of the HEU 
Agreement and related contracts and agreements, monitor actions 
taken by the executive agent, and make recommendations 
regarding steps designed to facilitate full implementation of 
the HEU Agreement, including changes with respect to the 
executive agent. The Subcommittee shall be chaired by a senior 
official from the NSC and shall include representatives of the 
Departments of State, Defense, Justice, Commerce, and Energy, 
and the Office of Management and Budget, the National Economic 
Council, the Intelligence community, and, as appropriate, the 
United States Trade Representative, and the Council of Economic 
Advisers. The Subcommittee shall meet as appropriate to review 
the implementation of the HEU Agreement and consider steps to 
facilitate full implementation of that Agreement. In 
particular, the Subcommittee shall:
          (a) have access to all information concerning 
        implementation of the HEU Agreement and related 
        contracts and agreements;
          (b) monitor negotiations between the executive agent 
        or agents and Russian authorities on implementation of 
        the HEU Agreement, including the proposals of both 
        sides on delivery schedules and on price;
          (c) monitor sales of the natural uranium component of 
        low-enriched uranium derived from Russian HEU pursuant 
        to applicable law;
          (d) establish procedures for designating alternative 
        executive agents to implement the HEU Agreement;
          (e) coordinate policies and procedures regarding the 
        full implementation of the HEU purchase agreement and 
        related contracts and agreements, consistent with 
        applicable law; and
          (f) coordinate the position of the United States 
        Government on any issues that arise in the 
        implementation of the Memorandum of Agreement with the 
        USEC for the USEC to serve as the United States 
        Government Executive Agent under the HEU Agreement.
    Sec. 5. Foreign Ownership, Control, or Influence (FOCI). 
The EOC shall collect information and monitor issues relating 
to foreign ownership, control, or influence of the USEC or any 
successor entities. Specifically, the EOC shall:
          (a) monitor the application and enforcement of the 
        FOCI requirements of the National Industrial Security 
        Program established by Executive Order 12829 with 
        respect to the USEC and any successor entities (see 
        National Industrial Security Program Operating Manual, 
        Department of Defense 2-3 (Oct. 1994));
          (b) monitor and review reports and submissions 
        relating to FOCI issues made by the USEC or any 
        successor entity to the Nuclear Regulatory Commission 
        (NRC) under the Atomic Energy Act of 1954, 42 U.S.C. 
        2011 et seq. (1994), and the USEC Privatization Act, 
        Public Law 104-134, title III, 110 Stat. 1321-335 et 
        seq. (1996);
          (c) ensure coordination with the Intelligence 
        Community of the collection and analysis of 
        intelligence and ensure coordination of intelligence 
        with other information related to FOCI issues; and
          (d) ensure coordination with the Committee on Foreign 
        Investment in the United States.
    Sec. 6. Domestic Enrichment Services. The EOC shall collect 
and analyze information related to the maintenance of domestic 
uranium mining, enrichment, and conversion industries, provided 
that such activities shall be undertaken in a manner that 
provides appropriate protection for such information. In 
particular, the EOC shall:
          (a) collect and review all public filings made by or 
        with respect to the USEC or any successor entities with 
        the Securities and Exchange Commission;
          (b) collect information from all available sources 
        necessary for the preparation of the annual report to 
        the Congress required by section 3112 of the USEC 
        Privatization Act, as noted in section 3(a) of this 
        order, including information relating to plans by the 
        USEC or any successor entities to expand or contract 
        materially the enrichment of uranium-using gaseous 
        diffusion technology;
          (c) collect information relating to the development 
        and implementation of atomic vapor laser isotope 
        separation technology;
          (d) to the extent permitted by law, and as necessary 
        to fulfill the EOC's oversight functions, collect 
        proprietary information from the USEC, or any successor 
        entities, provide that the collection of such 
        information shall be undertaken so as to minimize 
        disruption to the normal functioning of the private 
        corporation. For example, such information would 
        include the USEC's financial statements prepared in 
        accordance with standards applicable to public 
        registrants and the executive summary of the USEC's 
        strategic plan as shared with its Board of directors, 
        as well as timely information on its unit production 
        costs, capacity utilization rates, average pricing and 
        sales for the current year and for new contracts, 
        employment levels, overseas activities, and research 
        and development initiatives. Such information shall be 
        collected on an annual basis, with quarterly updates as 
        appropriate; and
          (e) coordinate with relevant agencies in monitoring 
        the levels of natural and enriched uranium and 
        enrichment services imported into the United States.
    Sec. 7. Coordination with the Nuclear Regulatory 
Commission. Upon notification by the NRC that it seeks the 
views of other agencies of the executive branch regarding 
determinations necessary for the issuance, reissuance, or 
renewal of a certificate of compliance or license to the 
privatized USEC, the EOC shall convey the relevant views of 
these other agencies of the executive branch, including whether 
the applicant's performance as the United States agent for the 
HEU Agreement is acceptable, on a schedule consistent with the 
NRC's need for timely action on such regulatory decisions.
            (5) EURATOM Cooperation Act of 1958, as amended

 Public Law 85-846 [S. 4273], 72 Stat. 1084, approved August 28, 1958; 
 as amended by Public Law 87-206, 75 Stat. 479, approved September 6, 
1961; Public Law 88-394, 78 Stat. 376, approved August 1, 1964; Public 
Law 90-190, 81 Stat. 578, approved December 14, 1967; and by Public Law 
             93-88, 87 Stat. 296, approved August 14, 1973

   AN ACT To provide for cooperation with the European Atomic Energy 
                               Community.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``EURATOM Cooperation Act of 1958''.
    Sec. 2.\1\ As used in this Act--
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 2291.
---------------------------------------------------------------------------
    (a) ``The Community'' means the European Atomic Energy 
Community (EURATOM).
    (b) The ``Commission'' means the Atomic Energy Commission, 
as established by the Atomic Energy Act of 1954, as amended.
    (c) ``Joint program'' means the cooperative program 
established by the Community and the United States and carried 
out in accordance with the provisions of an agreement for 
cooperation entered into pursuant to the provisions of section 
123 of the Atomic Energy Act of 1954, as amended, to bring into 
operation in the territory of the members of the Community 
powerplants using nuclear reactors of types selected by the 
Commission and the Community, having as a goal a total 
installed capacity of approximately one million kilowatts of 
electricity by December 31, 1963, except that two reactors may 
be selected to be in operation by December 31, 1965.
    (d) All other terms used in this Act shall have the same 
meaning as terms described in section 11 of the Atomic Energy 
Act of 1954, as amended.
    Sec. 3.\2\ There is hereby authorized to be appropriated to 
the Commission, in accordance with the provisions of section 
261(a)(2) of the Atomic Energy Act of 1954, as amended, the sum 
of $3,000,000 \3\ as an initial authorization for fiscal year 
1959 for use in a cooperative program of research and 
development in connection with the types of reactors selected 
by the Commission and the Community under the joint program. 
The Commission may enter into contracts for such periods as it 
deems necessary, but in no event to exceed five years, for the 
purpose of conducting the research and development program 
authorized by this section: Provided, That the Community 
authorizes an equivalent amount for use in the cooperative 
program of research and development.
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 2292.
    \3\ Sec. 109 of Public Law 86-50, sec. 109 of Public Law 87-701, 
sec. 103 of Public Law 88-72, sec. 101(a) of Public Law 88-332, and 
sec. 101 of Public Law 89-32 authorized appropriation of an additional 
$7,000,000, $5,000,000, $7,500,000, $3,000,000, and $3,000,000, 
respectively.
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    Sec. 4.\4\ The Commission is authorized, within limits of 
amounts which may hereafter be authorized to be appropriated in 
accordance with the provisions of section 261(a)(2) of the 
Atomic Energy Act of 1954, as amended, to make guarantee 
contracts which shall in the aggregate not exceed a total 
contingent liability of $90,000,000 designed to assure that the 
charges to an operator of a reactor constructed under the joint 
program for fabricating, processing, and transporting fuel will 
be no greater than would result under the fuel fabricating and 
fuel life guarantees which the Commission shall establish for 
such reactor. Within the limits of such amounts, the Commission 
is authorized to make contracts under this section, without 
regard to the provisions of sections 3679 and 3709 of the 
Revised Statutes, as amended, for such period of time as it 
determines to be necessary: Provided, however, That no such 
contracts may extend for a period longer than that necessary to 
cover fuel loaded into a reactor constructed under the joint 
program during the first ten years of the reactor operation or 
prior to December 31, 1973 (or December 31, 1975, for not more 
than two reactors selected under section 2(c)), whichever is 
earlier. In establishing criteria for the selection of projects 
and in entering into such guarantee contracts, the Commission 
shall be guided by, but not limited to, the following 
principles:
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 2293.
---------------------------------------------------------------------------
    (a) The Commission shall encourage a strong and competitive 
atomic equipment manufacturing industry in the United States 
designed to provide diversified sources of supply for reactor 
parts and reactor fuel elements under the joint program;
    (b) The guarantee shall be consistent with the provisions 
of this Act and of Attachment A to the Memorandum of 
Understanding between the Government of the United States and 
the Community, signed in Brussels on May 29, 1958, and in 
Washington, District of Columbia, on June 12, 1958, and 
transmitted to Congress on June 23, 1958; \5\
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    \5\ Agreement Relating to Programs for Peaceful Applications of 
Atomic Energy. Signed at Brussels, May 29, 1958, and at Washington, 
June 18, 1958. Entered into force, August 27, 1958. 9 UST 1116; TIAS 
4091; 335 UNTS 161.
    The 1958 agreement was approved in the Senate by Senate Concurrent 
Resolution 116, 85th Congress, 2d session, adopted August 23, 1958; and 
extended annually from 1980 through early 1996, most recently by 
Executive Order 12955 (March 9, 1995; 60 F.R. 13365; 42 U.S.C. 
2155note).
    The requirement for extension was obviated when a new Agreement For 
Nuclear Cooperation Between the United States and EURATOM was 
successfully negotiated between the two parties in 1995. The new 
agreement was ordered executed by Presidential Determination No. 96-4 
of November 1, 1995 (60 F.R. 56931), signed in Brussels, November 7, 
1995 and March 29, 1996, and entered into force on April 12, 1996.
---------------------------------------------------------------------------
    (c) \6\ The Commission shall establish and publish criteria 
for computing the maximum fuel element charge and minimum fuel 
element life to be guaranteed by the manufacturer as a basis 
for inviting and evaluating proposals.
---------------------------------------------------------------------------
    \6\ Public Law 87-206 (75 Stat. 475), amended sec. 4(c). Prior to 
amendment it read: ``The commission shall establish and publish minimum 
levels of fuel element cost and life to be guaranteed by the 
manufacturer as a basis for inviting and evaluating proposals.''.
---------------------------------------------------------------------------
    (d) The guarantee by the manufacturer shall be as favorable 
as any other guarantee offered by the manufacturer for any 
comparable fuel element within a reasonable time period; and
    (e) The Commission shall obtain a royalty-free, 
nonexclusive, irrevocable license for governmental purposes to 
any patents on inventions or discoveries made or conceived by 
the manufacturer in the course of development or fabrication of 
fuel elements during the period covered by the Commission's 
guarantee.
    Sec. 5.\7\ Pursuant to the provisions of section 54 of the 
Atomic Energy Act of 1954, as amended, there is hereby 
authorized for sale or lease to the Community--
---------------------------------------------------------------------------
    \7\ 42 U.S.C. 2294. Sec. 13 of Public Law 90-190 (81 Stat. 575) 
amended sec. 5 by substituting a new section. Sec. 5 previously read as 
follows:
    ``Sec. 5. Pursuant to the provisions of section 54 of the Atomic 
Energy Act of 1954, as amended, there is hereby authorized for sale or 
lease to the Community:
    ``Seventy thousand kilograms of contained uranium 235
    ``Five hundred kilograms of plutonium
    ``Thirty kilograms of uranium 233
    ``In accordance with the provisions of an agreement or agreements 
for cooperation between the Government of the United States and the 
Community entered into pursuant to the provisions of section 123 of the 
Atomic Energy Act of 1954 as amended: Provided, That the Government of 
the United States obtains the equivalent of a first lien of any such 
material sold to the Community for which payment is not made in full at 
the time of transfer.''.
    Sec. 5 had earlier been amended by Public Law 88-394 (78 Stat. 
376), sec. 5, and by Public Law 87-206 (75 Stat. 475), sec. 19.
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          an amount of contained uranium 235 which does not 
        exceed that necessary to support the fuel cycle of 
        power reactors located within the Community having a 
        total installed capacity of thirty-five thousand 
        megawatts of electric energy, together with twenty-five 
        thousand kilograms of contained uranium 235 for other 
        purposes; \8\
---------------------------------------------------------------------------
    \8\ Public Law 93-88 (87 Stat. 296), amended this paragraph. 
Previously, it read ``two hundred fifteen thousand kilograms of 
contained uranium 235;''.
---------------------------------------------------------------------------
          one thousand five hundred kilograms of plutonium; and 
        thirty kilograms of uranium 233;
in accordance with the provisions of an agreement or agreements 
for cooperation between the Government of the United States and 
the Community entered into pursuant to the provisions of 
section 123 of the Atomic Energy Act of 1954, as amended: 
Provided, That the Government of the United States obtains the 
equivalent of a first lien of any such material sold to the 
Community for which payment is not made in full at the time of 
transfer. The Commission may enter into contracts to provide, 
after December 31, 1968, for the producing or enriching of all, 
or part of, the above-mentioned contained uranium 235 pursuant 
to the provisions of subsection 161 v. (B) of said Act, as 
amended in lieu of sale or lease thereof.
    Sec. 6.\9\ (a) The Atomic Energy Commission is authorized 
to purchase or otherwise acquire from the Community special 
nuclear material or any interest therein from reactors 
constructed under the joint program in accordance with the 
terms of an agreement for cooperation entered into pursuant to 
the provisions of section 123 of the Atomic Energy Act of 1954, 
as amended: Provided, That neither plutonium nor uranium 233 
nor any interest therein shall be acquired under this section 
in excess of the total quantities authorized by law. The 
Commission is hereby authorized to acquire from the Community 
pursuant to this section up to four thousand one hundred 
kilograms of plutonium for use only for peaceful purposes.
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 2295.
---------------------------------------------------------------------------
    (b) Any contract made under the provisions of this section 
to acquire plutonium or any interest therein may be at such 
prices and for such period of time as the Commission may deem 
necessary: Provided, That with respect to plutonium produced in 
any reactor constructed under the joint program, no such 
contract shall be for a period greater than ten years of 
operation of such reactors or December 31, 1973 (or December 
31, 1975, for not more than two reactors selected under section 
2(c)), whichever is earlier: And provided further, That no such 
contract shall provide for compensation or the payment of a 
purchase price in excess of the Commission's established price 
in effect at the time of delivery to the Commission for such 
material as fuel in a nuclear reactor.
    (c) Any contract made under the provisions of this section 
to acquire uranium enriched in the isotope uranium 235 may be 
at such price and for such period of time as the Commission may 
deem necessary: Provided, That no such contract shall be for a 
period of time extending beyond the terminal date of the 
agreement for cooperation with the Community or provide for the 
acquisition of uranium enriched in the isotope U-235 in excess 
of the quantities of such material that have been distributed 
to the Community by the Commission less the quantity consumed 
in the nuclear reactors involved in the joint program: And 
provided further, That no such contract shall provide for 
compensation or the payment of a purchase price in excess of 
the Atomic Energy Commission's established charges for such 
material in effect at the time delivery is made to the 
Commission.
    (d) Any contract made under this section for the purchase 
of special nuclear material or any interest therein may be made 
without regard to the provisions of section 3679 of the Revised 
Statutes, as amended.
    (e) Any contract made under this section may be made 
without regard to section 3709 of the Revised Statutes, as 
amended, upon certification by the Commission that such action 
is necessary in the interest of the common defense and 
security, or upon a showing by the Commission that advertising 
is not reasonably practicable.
    Sec. 7.\10\ The Government of the United States of America 
shall not be liable for any damages or third party liability 
arising out of or resulting from the joint program: Provided 
however, That nothing in this section shall deprive any person 
of any rights under section 170 of the Atomic Energy Act of 
1954, as amended. And provided further, That nothing in this 
section shall apply to arrangements made by the Commission 
under a research and development program authorized in section 
3.\11\ The Government of the United States shall take such 
steps as may be necessary, including appropriate disclaimer or 
indemnity arrangements, in order to carry out the provisions of 
this section.\12\
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    \10\ 42 U.S.C. 2296.
    \11\ The proviso was added by Public Law 87-206 (75 Stat. 475).
    \12\ Sec. 903(b) of the Energy Policy Act of 1992 (Public Law 102-
486; 106 Stat. 2944) provided the following:
    ``(b) Report to Congress.--
---------------------------------------------------------------------------

          ``(1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Chairman of the Nuclear 
        Regulatory Commission, after consulting with other relevant 
        agencies, shall submit to the Congress a report detailing the 
        current disposition of previous United States exports of highly 
        enriched uranium, including--

                  ``(A) their location;
                  ``(B) whether they are irradiated;
                  ``(C) whether they have been used for the purpose 
                stated in their export license; and
                  ``(D) whether they have been used for an alternative 
                purpose and, if so, whether such alternative purpose 
                has been explicitly approved by the Commission.

          ``(2) Exports to euratom.--To the maximum extent possible, 
        the report required by paragraph (1) shall include--

                  ``(A) exports of highly enriched uranium to EURATOM; 
                and
                  ``(B) subsequent retransfers of such material within 
                EURATOM, without regard to the extent of United States 
                control over such retransfers.''.
  (6) Agreement for Nuclear Cooperation Between the United States and 
                               China \1\

Public Law 99-183 [S.J. Res. 238], 99 Stat. 1174, approved December 16, 
                                  1985

  JOINT RESOLUTION Relating to the approval and implementation of the 
 proposed agreement for nuclear cooperation between the United States 
                  and the People's Republic of China.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a)(1) the 
Congress does favor the Agreement for Cooperation Between the 
Government of the United States of America and the Government 
of the People's Republic of China Concerning Peaceful Uses of 
Nuclear Energy, done on July 23, 1985 (hereafter in this joint 
resolution referred to as the ``Agreement'').
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    \1\ Sec. 3137 of Public Law 104-201 (110 Stat. 2831) provided the 
following:
    ``sec. 3137. prohibition on funding nuclear weapons activities with 
people's republic of china.
    ``(a) Funding Prohibition.--No funds authorized to be appropriated 
or otherwise available to the Department of Energy for fiscal year 1997 
may be obligated or expended for any activity associated with the 
conduct of cooperative programs relating to nuclear weapons or nuclear 
weapons technology, including stockpile stewardship, safety, and use 
control, with the People's Republic of China.
    ``(b) Report.--(1) The Secretary of Energy shall prepare, in 
consultation with the Secretary of Defense, a report containing a 
description of all discussions and activities between the United States 
and the People's Republic of China regarding nuclear weapons matters 
that have occurred before the date of the enactment of this Act and 
that are planned to occur after such date. For each such discussion or 
activity, the report shall include--
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          ``(A) the authority under which the discussion or activity 
        took or will take place;
          ``(B) the subject of the discussion or activity;
          ``(C) participants or likely participants;
          ``(D) the source and amount of funds used or to be used to 
        pay for the discussion or activity; and
          ``(E) a description of the actions taken or to be taken to 
        ensure that no classified information or unclassified 
        controlled information was or will be revealed, and a 
        determination of whether classified information or unclassified 
        controlled information was revealed in previous discussions.
---------------------------------------------------------------------------
    ``(2) The report shall be submitted to the Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives not later than January 15, 1997.''.
    See also sec. 1305--Report on Military Capabilities of People's 
Republic of China, sec. 1306--Presidential Report Regarding Weapons 
Proliferation and Policies of the People's Republic of China, and sec. 
1307--United States-People's Republic of China Joint Defense Conversion 
Commission, in Public Law 104-201, beginning at page 1913.
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    (2) Notwithstanding section 123 of the Atomic Energy Act of 
1954, the Agreement becomes effective in accordance with the 
provisions of this joint resolution and other applicable 
provisions of law.
    (b) Notwithstanding any other provision of law or any 
international agreement, no license may be issued for export to 
the People's Republic of China of any nuclear material, 
facilities, or components subject to the Agreement, and no 
approval for the transfer or retransfer to the People's 
Republic if China of any nuclear material, facilities, or 
components subject to the Agreement shall be given--
          (1) until the expiration of a period of thirty days 
        of continuous session of Congress after the President 
        has certified to the Congress that--\2\
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    \2\ On January 12, 1998, the President made this certification 
(Presidential Determination No. 98-10; 63 F.R. 3447). That 
determination also included the certification required by sec. 
902(a)(6)(B)(i) of Public Law 101-246.
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                  (A) the reciprocal arrangements made pursuant 
                to Article 8 of the Agreement have been 
                designed to be effective in ensuring that any 
                nuclear material, facilities, or components 
                provided under the Agreement shall be utilized 
                solely for intended peaceful purposes as set 
                forth in the Agreement;
                  (B) the Government of the People's Republic 
                of China has provided additional information 
                concerning its nuclear nonproliferation 
                policies and that, based on this and all other 
                information available to the United States 
                Government, the People's Republic of China is 
                not in violation of paragraph (2) of section 
                129 of the Atomic Energy Act of 1954; and
                  (C) the obligation to consider favorably a 
                request to carry out activities described in 
                Article 5(2) of the Agreement shall not 
                prejudice the decision of the United States to 
                approve or disapprove such a request; and
          (2) until the President has submitted to the Speaker 
        of the House of Representatives and the chairman of the 
        Committee on Foreign Relations of the Senate a report 
        detailing the history and current developments in the 
        nonproliferation policies and practices of the People's 
        Republic of China.
The report described in paragraph (2) shall be submitted in 
unclassified form with a classified addendum.
    (c) Each proposed export pursuant to the Agreement shall be 
subject to United States laws and regulations in effect at the 
time of each such report.
    (d) Nothing in the Agreement or this joint resolution may 
be construed as providing a precedent or other basis for the 
negotiation or renegotiation of any other agreement for nuclear 
cooperation.
    (e) For purposes of subsection (b)--
          (1) the continuity of a session of Congress is broken 
        only by adjournment of the Congress sine die at the end 
        of a Congress; and
          (2) the days on which either House is not in session 
        because of an adjournment of more than three days to a 
        day certain are excluded in the computation of the 
        period indicated.
 (7) International Atomic Energy Agency Participation Act of 1957, as 
                                amended

 Partial text of Public Law 85-177 [H.R. 8992], 71 Stat. 453, approved 
    August 28, 1957; as amended by Public Law 85-795, 72 Stat. 959, 
 approved August 28, 1958; Public Law 89-348, 79 Stat. 1310, approved 
November 8, 1965; Public Law 96-465 [H.R. 6790], 94 Stat. 2071 at 2161, 
    approved October 17, 1980; Public Law 103-437 [U.S.C. Technical 
Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; and 
 by Public Law 106-113 [H.R. 3194], 113 Stat. 1501, approved November 
                                29, 1999

AN ACT To provide for the appointment of representatives of the United 
States in the organs of the International Atomic Energy Agency, and to 
 make other provisions with respect to the participation of the United 
             States in that Agency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``International Atomic Energy Agency 
Participation Act of 1957''.
    Sec. 2.\1\ (a) The President, by and with the advice and 
consent of the Senate, shall appoint a representative and a 
deputy representative of the United States to the International 
Atomic Energy Agency (hereinafter referred to as the 
``Agency''), who shall hold office at the pleasure of the 
President. Such representative and deputy representative shall 
represent the United States on the Board of Governors of the 
Agency, may represent the United States at the General 
Conference, and may serve ex officio as United States 
representative on any organ of that Agency, and shall perform 
such other functions in connection with the participation of 
the United States in the Agency as the President may from time 
to time direct. The Representatives of the United States to the 
Vienna office of the United Nations shall also serve as 
representative of the United States to the Agency.\2\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2021.
    \2\ Sec. 708(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added this sentence.
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    (b) The President, by and with the advice and consent of 
the Senate, may appoint or designate from time to time to 
attend a specified session or specified sessions of the General 
Conference of the Agency a representative of the United States 
and such number of alternates as he may determine consistent 
with the rules of procedure of the General Conference.
    (c) The President may also appoint or designate from time 
to time such other persons as he may deem necessary to 
represent the United States in the organs of the Agency. The 
President may designate any officer of the United States 
Government, whose appointment is subject to confirmation by the 
Senate, to act, without additional compensation, for temporary 
periods as the representative of the United States on the Board 
of Governors or to the General Conference of the Agency in the 
absence or disability of the representative and deputy 
representative appointed under section 2(a) or in lieu of such 
representatives in connection with a specified subject matter.
    (d) All persons appointed or designated in pursuance of 
authority contained in this section shall receive compensation 
at rates determined by the President upon the basis of duties 
to be performed but not in excess of rates authorized by 
sections 401, 402, and 403 of the Foreign Service Act of 1980 
by chiefs of mission, members of the Senior Foreign Service, 
and Foreign Service officers occupying positions of equivalent 
importance, except that no Member of the Senate or House of 
Representatives or officer of the United States who is 
designated under subsection (b) or subsection (c) of this 
section as a delegate or representative of the United States or 
as an alternate to attend any specified session or specified 
sessions of the General Conference shall be entitled to receive 
such compensation.\3\ Any person who receives compensation 
pursuant to the provisions of this subsection may be granted 
allowances and benefits not to exceed those received under the 
Foreign Service Act of 1980 by chiefs of mission, members of 
the Senior Foreign Service and Foreign Service officers 
occupying positions of equivalent importance.\4\
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    \3\ References in this subsection to sections of the Foreign 
Service Act of 1980 and to the Senior Foreign Service were inserted by 
sec. 2206(a)(7) of Public Law 94-465 (94 Stat. 2161), effective Feb. 
15, 1981. These replaced a reference to secs. 411 and 412 of the 
Foreign Service Act of 1946.
    \4\ The references to the Foreign Service Act of 1980 and to the 
Senior Foreign Service were inserted by sec. 2206(a)(7) of Public Law 
96-465 (94 Stat. 2161), effective Feb. 15, 1981.
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    Sec. 3.\5\ The participation of the United States in the 
International Atomic Energy Agency shall be consistent with and 
in furtherance of the purposes of the Agency set forth in its 
statute and the policy concerning the development, use, and 
control of atomic energy set forth in the Atomic Energy Act of 
1954, as amended. [The President shall, from time to time as 
occasion may require, but not less than once each year, make 
reports to the Congress on the activities of the International 
Atomic Energy Agency and on the participation of the United 
States therein.] \6\ In addition to any other requirements of 
law, the Department of State and the Atomic Energy Commission 
shall keep the Committees on Energy and Commerce and on Foreign 
Affairs of the House of Representatives and the Committees on 
Energy and Natural Resources and on Foreign Relations of the 
Senate,\7\ as appropriate, currently informed with respect to 
the activities of the Agency and the participation of the 
United States therein.
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    \5\ 22 U.S.C. 2022.
    \6\ Public Law 89-348 (79 Stat. 1310, sec. 1(20), amended Public 
Law 85-177 by repealing the requirement of a report to the Congress by 
the President not less than once each year on the activities of the 
International Atomic Energy Agency and on the participation of the 
United States therein.
    \7\ Sec. 9(b) of Public Law 103-437 (108 Stat. 4588) struck out 
``Joint Committee on Atomic Energy, the House Committee on Foreign 
Affairs, and the Senate Committee on Foreign Relations,'', and inserted 
in lieu thereof ``Committees on Energy and Commerce and on Foreign 
Affairs of the House of Representatives and the Committees on Energy 
and Natural Resources and on Foreign Relations of the Senate.''. Sec. 
1(a)(5) of Public Law 104-14 (109 Stat. 186) subsequently provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(a)(4) 
of Public Law 104-14 (109 Stat. 186) provided that references to the 
Committee on Energy and Commerce of the House of Representatives shall 
be treated as referring to the Committee on Commerce of the House of 
Representatives. Sec. 1(c)(1) of that Act (110 Stat. 187) further 
provided that any reference in any provision of law enacted before 
January 4, 1995 to the House Committee on Energy and Commerce shall be 
treated as referring to (1) the Committee on Agriculture in the case of 
a provision relating to inspection of seafood or seafood products; (2) 
the Committee on Banking and Financial Services in the case of a 
provision relating to bank capital markets activities or depository 
institution securities; or (3) the Committee on Transportation and 
Infrastructure in the case of a provision relating to railroads and 
railway labor issues.
---------------------------------------------------------------------------
    Sec. 4.\8\ The representatives provided for in section 2 
hereof, when representing the United States in the organs of 
the Agency, shall, at all times, act in accordance with the 
instructions of the President, and such representatives shall, 
in accordance with such instructions, cast any and all votes 
under the statute of the International Atomic Energy Agency.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2023.
---------------------------------------------------------------------------
    Sec. 5.\9\ There is hereby authorized to be appropriated 
annually to the Department of State, out of any money in the 
Treasury not otherwise appropriated, such sums as may be 
necessary for the payment by the United States of its share of 
the expenses of the International Atomic Energy Agency as 
apportioned by the Agency in accordance with paragraph (D) of 
article XIV of the statute of the Agency, and for all necessary 
salaries and expenses of the representatives provided for in 
section 2 hereof and of their appropriate staffs, including 
personal services without regard to the civil service laws and 
the Classification Act of 1949, as amended; travel expenses 
without regard to the Standardized Government Travel 
Regulations, as amended, the Travel Expense Act of 1949, as 
amended, and section 10 of the Act of March 3, 1933, as 
amended; salaries as authorized by the Foreign Service Act of 
1980,\10\ or as authorized by the Atomic Energy Act of 1954, as 
amended, and expenses and allowances of personnel and 
dependents as authorized by the Foreign Service Act of 1980; 
\10\ services as authorized by sec. 15 of the Act of Aug. 2, 
1946 (5 U.S.C. 55a); \11\ translating and other services, by 
contract; hire of passenger motor vehicles and other local 
transportation; printing and binding without regard to section 
II of the Act of March 1, 1919 (44 U.S.C. 111); official 
functions and courtesies; such sums as may be necessary to 
defray the expenses of United States participation in the 
Preparatory Commission for the Agency, established pursuant to 
annex I of the statute of the Agency; and such other expenses 
as may be authorized by the Secretary of State.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2024.
    \10\ Reference to the Foreign Service Act of 1980 was inserted in 
lieu of a reference to the Foreign Service Act of 1946 by sec. 
2206(a)(7) of Public Law 96-465 (94 Stat. 2162), effective Feb. 15, 
1981.
    \11\ Public Law 89-554 (80 Stat. 416) codified sec. 15 of the Act 
of Aug. 2, 1946, as 5 U.S.C. 3109.
---------------------------------------------------------------------------
    Sec. 6.\12\ (a) \13\ Notwithstanding any other provision of 
law, Executive order or regulation, a Federal employee who, 
with the approval of the Federal agency, or the head of the 
department by which he is employed, leaves his position to 
enter the employ of the Agency shall not be considered for the 
purposes of the Civil Service Retirement Act, as amended, and 
the Federal Employees' Group Life Insurance Act of 1954, as 
amended, as separated from his Federal position during such 
employment with the Agency but not to extend beyond the first 
three consecutive years of his entering the employ of the 
Agency: Provided, (1) That he shall pay to the Civil Service 
Commission \14\ within ninety days from the date he is 
separated without prejudice from the Agency all necessary 
deductions and agency contributions for coverage under the 
Civil Service Retirement Act for the period of his employment 
by the Agency, and (2) That all deductions and agency 
contributions necessary for continued coverage under the 
Federal Employees' Group Life Insurance Act of 1954, as 
amended, shall be made during the term of his employment with 
the International Atomic Energy Agency. If such employee, 
within three years from the date of his employment with the 
Agency, and within ninety days from the date he is separated 
without prejudice from the Agency, applies to be restored to 
his Federal position, he shall within thirty days of such 
application be restored to such position or to a position of 
like seniority, status and pay.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2025.
    \13\ Sec. 7 of Public Law 85-795 (72 Stat. 959), approved Aug. 28, 
1958, repealed sec. 6(a), ``except that it shall be considered to 
remain in effect with respect to any employee subject thereto who is 
serving as an employee of the International Atomic Energy Agency on the 
date of enactment of this Act and who does not make the election 
referred to in sec. 6 and for the purposes of any rights and benefits 
vested thereunder prior to such date.''.
    \14\ The Office of Personnel Management was substituted for the 
Civil Service Commission pursuant to sec. 102 of Reorganization Plan 
No. 2 of 1978.
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    (b) Notwithstanding any other provision of law, Executive 
order or regulation, any Presidential appointee or elected 
officer who leaves his position to enter, or who within ninety 
days after the termination of his position enters, the employ 
of the Agency, shall be entitled to the coverage and benefits 
of the Civil Service Retirement Act, as amended, and the 
Federal Employees' Group Life Insurance Act of 1954, as 
amended, but not beyond the earlier of either the termination 
of his employment with the Agency or the expiration of three 
years from the date he entered employment with the Agency: 
Provided, (1) That he shall pay to the Civil Service Commission 
\14\ within ninety days from the date he is separated without 
prejudice from the Agency all necessary deductions and agency 
contributions for coverage under the Civil Service Retirement 
Act for the period of his employment by the agency and (2) That 
all deductions and agency contributions necessary for continued 
coverage under the Federal Employees' Group Life Insurance Act 
of 1954, as amended, shall be made during the term of his 
employment with the Agency.
    (c) The President is authorized to prescribe such 
regulations as may be necessary to carry out the provisions of 
this section and to protect the retirement, insurance and such 
other civil service rights and privileges as the President may 
find appropriate.
          * * * * * * *
    Sec. 8.\15\ In the event of an amendment to the Statute of 
the Agency being adopted in accordance with article XVIII-C of 
the Statute to which the Senate by formal vote shall refuse its 
advice and consent, upon notification by the Senate to the 
President of such refusal to advise and consent, all further 
authority under section \16\ 2, 3, 4, and 5 of this Act, as 
amended, shall terminate: Provided, however, That the Secretary 
of State, under such regulations as the President shall 
promulgate, shall have the necessary authority to complete the 
prompt and orderly settlement of obligations and commitments to 
the Agency already incurred and pay salaries, allowances, 
travel expenses, and other expenses required for a prompt and 
orderly termination of United States participation in the 
Agency: And provided further, That the representative and the 
deputy representative of the United States to the Agency, and 
such other officers or employees representing the United States 
in the Agency, under such regulations as the President shall 
promulgate, shall retain their authority under this Act for 
such time as may be necessary to complete the settlement of 
matters arising out of the United States participation in the 
Agency.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2026.
    \16\ Should read ``sections''.
 p. Executive Orders Concerning International Atomic Energy Cooperation

   (1) Authorization for the Communication of Restricted Data by the 
                          Department of State

Executive Order 11057, October 18, 1962, 27 F.R. 10289, 42 U.S.C. 2162 
                                  note

    By virtue of the authority vested in me by the Atomic 
Energy Act of 1954, as amended (hereinafter referred to as the 
Act; 42 U.S.C. 2011 et seq.), and as President of the United 
States, it is ordered as follows:
    The Department of State is hereby authorized to 
communicate, in accordance with the terms and conditions of any 
agreement for cooperation arranged pursuant to subsection 144b 
of the Act (42 U.S.C. 2164(b)), such Restricted Data and data 
removed from the Restricted Data category under subsection 142d 
of the Act (42 U.S.C. 2162(d)) as is determined
    (i) by the President, pursuant to the provisions of the 
Act, or
    (ii) by the Atomic Energy Commission \1\ and the Department 
of Defense, jointly pursuant to the provisions of Executive 
Order No. 10841, as amended,
to be transmissible under the agreement for cooperation 
involved. Such communications shall be effected through 
mechanisms established by the Department of State in accordance 
with the terms and conditions of the agreement for cooperation 
involved: Provided, That no such communication shall be made by 
the Department of State until the proposed communication has 
been authorized either in accordance with procedures, adopted 
by the Atomic Energy Commission \1\ and the Department of 
Defense and applicable to conduct of programs for cooperation 
by those agencies, or in accordance with procedures approved by 
the Atomic Energy Commission \1\ and the Department of Defense 
and applicable to conduct of programs for cooperation by the 
Department of State.
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    \1\ Functions of the Atomic Energy Commission under this Executive 
Order were modified so that such functions would be exercised by the 
Secretary of Energy and the Nuclear Regulatory Commission, pursuant to 
sec. 4(a)(1) of Executive Order 12038 (Feb. 3, 1978; 43 F.R. 4957).
   (2) Authorization for the Communication of Restricted Data by the 
                      Central Intelligence Agency

Executive Order 10899, December 9, 1960, 25 F.R. 12729, 42 U.S.C. 2162 
                                  note

    By virtue of the authority vested in me by the Atomic 
Energy Act of 1954, as amended (hereinafter referred to as the 
Act; 42 U.S.C. 2011 et seq.), and as President of the United 
States, it is ordered as follows:
    The Central Intelligence Agency is hereby authorized to 
communicate for intelligence purposes, in accordance with the 
terms and conditions of any agreement for cooperation arranged 
pursuant to subsections 144a, b, or c of the Act (42 U.S.C. 
2162 (a), (b), or (c)), such restricted data and data removed 
from the restricted data category under subsection 142d of the 
Act (42 U.S.C. 2162(d)) as is determined
          (i) by the President, pursuant to the provisions of 
        the Act, or
          (ii) by the Atomic Energy Commission \1\ and the 
        Department of Defense, jointly pursuant to the 
        provisions of Executive Order No. 10841,
---------------------------------------------------------------------------
    \1\ Functions of the Atomic Energy Commission under this Executive 
Order were modified so that such functions would be exercised by the 
Secretary of Energy and the Nuclear Regulatory Commission, pursuant to 
sec. 4(a)(1) of Executive Order 12038 (Feb. 3, 1978; 43 F.R. 4957).
---------------------------------------------------------------------------
to be transmissible under the agreement for cooperation 
involved. Such communications shall be effected through 
mechanisms established by the Central Intelligence Agency in 
accordance with the terms and conditions of the agreement for 
cooperation involved: Provided, That no such communication 
shall be made by the Central Intelligence Agency until the 
proposed communication has been authorized either in accordance 
with procedures adopted by the Atomic Energy Commission \1\ and 
the Department of Defense and applicable to conduct of programs 
for cooperation by those agencies, or in accordance with 
procedures approved by the Atomic Energy Commission \1\ and the 
Department of Defense and applicable to conduct of programs for 
cooperation by the Central Intelligence Agency.
(3) Providing for the Carrying Out of Certain Provisions of the Atomic 
 Energy Act of 1954, as amended, Relating to International Cooperation

Executive Order 10841, September 30, 1959, 24 F.R. 7941, 42 U.S.C. 2153 
  note; as amended by Executive Order 10956, August 12, 1961, 26 F.R. 
   7315, 3 CFR 1959-63 Comp., p. 482; and by Executive Order 12608, 
                    September 9, 1987, 52 F.R. 34617

    By virtue of the authority vested in me by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), herein 
referred to as the Act, and section 301 of title 3 of the 
United States Code, and as President of the United States, it 
is ordered as follows:
    Section 1. Whenever the President, pursuant to section 123 
of the Act, has approved and authorized the execution of a 
proposed agreement providing for cooperation pursuant to 
section 91c, 144a, 144b, or 144c of the Act (42 U.S.C. 2121(c), 
2164(a), 2164(b), 2164(c)), such approval and authorization by 
the President shall constitute his authorization to cooperate 
to the extent provided for in the agreement and in the manner 
provided for in section 91c, 144a, 144b, or 144c, as pertinent. 
In respect of sections 91c, 144b, and 144c, authorizations by 
the President to cooperate shall be subject to the requirements 
of section 123d of the Act and shall also be subjected to 
appropriate determinations made pursuant to section 2 of this 
order.
    Sec. 2. (a) The Secretary of Defense and the Secretary of 
Energy \1\ are hereby designated and empowered to exercise 
jointly, after consultation with executive agencies as may be 
appropriate, the following described authority without the 
approval, ratification, or other action of the President:
---------------------------------------------------------------------------
    \1\ The ``Secretary of Energy'' was inserted in lieu of ``Atomic 
Energy Commission'' by sec. 9 of Executive Order 12608 (Sept. 9, 1987; 
52 F.R. 34617).
---------------------------------------------------------------------------
          (1) The authority vested in the President by section 
        91c of the Act to determine that the proposed 
        cooperation and each proposed transfer arrangement 
        referred to in that section will promote and will not 
        constitute an unreasonable risk to the common defense 
        and security.
          (2) The authority vested in the President by section 
        144b of the Act to determine that the proposed 
        cooperation and the proposed communication of 
        Restricted Data referred to in that section will 
        promote and will not constitute an unreasonable risk to 
        the common defense and security: Provided, That each 
        determination made under this paragraph shall be 
        referred to the President and, unless disapproved by 
        him, shall become effective fifteen days after such 
        referral or at such later time as may be specified in 
        the determination.\2\
---------------------------------------------------------------------------
    \2\ This provision was added by Executive Order 10956 (Aug. 12, 
1961; 26 F.R. 7315).
---------------------------------------------------------------------------
          (3) The authority vested in the President by section 
        144c of the Act to determine that the proposed 
        cooperation and the communication of the proposed 
        Restricted Data referred to in that section will 
        promote and will not constitute an unreasonable risk to 
        the common defense and security.
    (b) Whenever the Secretary of Defense and the Secretary of 
Energy \1\ are unable to agree upon a joint determination under 
the provisions of subsection (a) of this section, the 
recommendations of each of them, together with the 
recommendations of other agencies concerned, shall be referred 
to the President, and the determination shall be made by the 
President.
    Sec. 3. This order shall not be construed as delegating the 
function vested in the President by section 91c of the Act of 
approving programs proposed under that section.
    Sec. 4. (a) The functions of negotiating and entering into 
international agreements under the Act shall be performed by or 
under the authority of the Secretary of State.
    (b) International cooperation under the Act shall be 
subject to the responsibilities of the Secretary of State with 
respect to the foreign policy of the United States pertinent 
thereto.
  5. Arms Control and Nonproliferation Provisions in National Defense 
                           Authorization Acts

 a. Floyd D. Spence National Defense Authorization Act for Fiscal Year 
                                  2001

 Partial text of Public Law 106-398 [H.R. 4205, in which H.R. 5408 is 
    enacted by reference], 114 Stat. 1654, approved October 30, 2000

 A BILL To authorize appropriations for fiscal year 2001 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 
2001''.
    (b) * * *
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

          * * * * * * *

              Subtitle A--Matters Related to Arms Control

SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND 
                    MONITOR IRAQI WEAPONS ACTIVITIES.

    (a) Limitation on Amount of Assistance in Fiscal Year 
2001--The total amount of the assistance for fiscal year 2001 
that is provided by the Secretary of Defense under section 1505 
of the Weapons of Mass Destruction Control Act of 1992 (22 
U.S.C. 5859a) as activities of the Department of Defense in 
support of activities under that Act may not exceed 
$15,000,000.
    (b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by 
striking ``2000'' and inserting ``2001''.

SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS CONTROL 
                    AND REGIONAL SECURITY ISSUES.

    Of the amount authorized to be appropriated by section 
301(5), up to $1,000,000 is available for the support of 
programs to promote formal and informal region-wide 
consultations among Arab, Israeli, and United States officials 
and experts on arms control and security issues concerning the 
Middle East region.

SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO FOREIGN 
                    GOVERNMENTS.

    (a) In General.--Chapter 152 of title 10, United States 
Code, is amended by adding at the end the following new 
section:

``Sec. 2555. Nuclear test monitoring equipment: furnishing to foreign 
                    governments

    ``(a) Authority To Convey or Provide Nuclear Test 
Monitoring Equipment.--Subject to subsection (b), the Secretary 
of Defense may--
          ``(1) convey or otherwise provide to a foreign 
        government (A) equipment for the monitoring of nuclear 
        test explosions, and (B) associated equipment; and
          ``(2) as part of any such conveyance or provision of 
        equipment, install such equipment on foreign territory 
        or in international waters.
    ``(b) Agreement Required.--Nuclear test explosion 
monitoring equipment may be conveyed or otherwise provided 
under subsection (a) only pursuant to the terms of an agreement 
between the United States and the foreign government receiving 
the equipment in which the recipient foreign government 
agrees--
          ``(1) to provide the United States with timely access 
        to the data produced, collected, or generated by the 
        equipment;
          ``(2) to permit the Secretary of Defense to take such 
        measures as the Secretary considers necessary to 
        inspect, test, maintain, repair, or replace that 
        equipment, including access for purposes of such 
        measures; and
          ``(3) to return such equipment to the United States 
        (or allow the United States to recover such equipment) 
        if either party determines that the agreement no longer 
        serves its interests.
    ``(c) Report.--Promptly after entering into any agreement 
under subsection (b), the Secretary of Defense shall submit to 
Congress a report on the agreement. The report shall identify 
the country with which the agreement was made, the anticipated 
costs to the United States to be incurred under the agreement, 
and the national interest of the United States that is 
furthered by the agreement.
    ``(d) Limitation on Delegation.--The Secretary of Defense 
may delegate the authority of the Secretary to carry out this 
section only to the Secretary of the Air Force. Such a 
delegation may be redelegated.''.
    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following new item: * * *

SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF 
                    MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND 
                    ENTITIES OF CONCERN.

    Section 1402(b) of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is 
amended by adding at the end the following new paragraph:
          ``(4) The status of the implementation or other 
        disposition of recommendations included in reports of 
        audits by Inspectors General that have been set forth 
        in a previous annual report under this section pursuant 
        to paragraph (3).''.
          * * * * * * *
       b. National Defense Authorization Act for Fiscal Year 2000

 Partial text of Public Law 106-65 [S. 1059], 113 Stat. 512, approved 
    October 5, 1999; amended by Public Law 106-398 [Floyd D. Spence 
  National Defense Authorization Act for Fiscal Year 2001; H.R. 5408, 
enacted by referenc in H.R. 4205], 114 Stat. 1654, approved October 30, 
                                  2000

 A BILL To authorize appropriations for fiscal year 2000 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 2000''.
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

              TITLE XIV--PROLIFERATION AND EXPORT CONTROLS

          * * * * * * *

SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE 
                    TECHNOLOGY CONTROL REGIME.

    (a) Sense of Congress.--It is the sense of Congress that--
          (1) the President should take all actions appropriate 
        to obtain a bilateral agreement with the People's 
        Republic of China to adhere to the Missile Technology 
        Control Regime (MTCR) and the MTCR Annex; and
          (2) the People's Republic of China should not be 
        permitted to join the Missile Technology Control Regime 
        as a member without having--
                  (A) agreed to the Missile Technology Control 
                Regime and the specific provisions of the MTCR 
                Annex;
                  (B) demonstrated a sustained and verified 
                record of performance with respect to the 
                nonproliferation of missiles and missile 
                technology; and
                  (C) adopted an effective export control 
                system for implementing guidelines under the 
                Missile Technology Control Regime and the MTCR 
                Annex.
    (b) Report Required.--Not later than January 31, 2000, the 
President shall transmit to Congress a report explaining--
          (1) the policy and commitments that the People's 
        Republic of China has stated on its adherence to the 
        Missile Technology Control Regime and the MTCR Annex;
          (2) the degree to which the People's Republic of 
        China is complying with its stated policy and 
        commitments on adhering to the Missile Technology 
        Control Regime and the MTCR Annex; and
          (3) actions taken by the United States to encourage 
        the People's Republic of China to adhere to the Missile 
        Technology Control Regime and the MTCR Annex.
    (c) Definitions.--In this section:
          (1) Missile technology control regime.--The term 
        ``Missile Technology Control Regime'' means the policy 
        statement, between the United States, the United 
        Kingdom, the Federal Republic of Germany, France, 
        Italy, Canada, and Japan, announced April 16, 1987, to 
        restrict sensitive missile-relevant transfers based on 
        the MTCR Annex, and any amendments thereto.
          (2) MTCR annex.--The term ``MTCR Annex'' means the 
        Guidelines and Equipment and Technology Annex of the 
        Missile Technology Control Regime, and any amendments 
        thereto.

SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE 
                    TECHNOLOGY TO COUNTRIES AND ENTITIES OF CONCERN.

    (a) Annual Report.--Not later than March 30 of each year 
beginning in the year 2000 and ending in the year 2007, the 
President shall transmit to Congress a report on transfers to 
countries and entities of concern during the preceding calendar 
year of the most significant categories of United States 
technologies and technical information with potential military 
applications.
    (b) Contents of Report.--The report required by subsection 
(a) shall include, at a minimum, the following:
          (1) An assessment by the Director of Central 
        Intelligence of efforts by countries and entities of 
        concern to acquire technologies and technical 
        information referred to in subsection (a) during the 
        preceding calendar year.
          (2) An assessment by the Secretary of Defense, in 
        consultation with the Joint Chiefs of Staff and the 
        Director of Central Intelligence, of the cumulative 
        impact of licenses granted by the United States for 
        exports of technologies and technical information 
        referred to in subsection (a) to countries and entities 
        of concern during the preceding 5-calendar year period 
        on--
                  (A) the military capabilities of such 
                countries and entities; and
                  (B) countermeasures that may be necessary to 
                overcome the use of such technologies and 
                technical information.
          (3) An audit by the Inspectors General of the 
        Departments of Defense, State, Commerce, and Energy, in 
        consultation with the Director of Central Intelligence 
        and the Director of the Federal Bureau of 
        Investigation, of the policies and procedures of the 
        United States Government with respect to the export of 
        technologies and technical information referred to in 
        subsection (a) to countries and entities of concern.
          (4) \1\ The status of the implementation or other 
        disposition of recommendations included in reports of 
        audits by Inspectors General that have been set forth 
        in a previous annual report under this section pursuant 
        to paragraph (3).
---------------------------------------------------------------------------
    \1\ Sec. 1204 of Public Law 106-398 (114 Stat. 1654) added para. 
(4).
---------------------------------------------------------------------------
    (c) Additional Requirement for First Report.--The first 
annual report required by subsection (a) shall include an 
assessment by the Inspectors General of the Departments of 
State, Defense, Commerce, and the Treasury and the Inspector 
General of the Central Intelligence Agency of the adequacy of 
current export controls and counterintelligence measures to 
protect against the acquisition by countries and entities of 
concern of United States technology and technical information 
referred to in subsection (a).
    (d) Support of Other Agencies.--Upon the request of the 
officials responsible for preparing the assessments required by 
subsection (b), the heads of other departments and agencies 
shall make available to those officials all information 
necessary to carry out the requirements of this section.
    (e) Classified and Unclassified Reports.--Each report 
required by this section shall be submitted in classified form 
and unclassified form.
    (f) Definition.--As used in this section, the term 
``countries and entities of concern'' means--
          (1) any country the government of which the Secretary 
        of State has determined, for purposes of section 6(j) 
        of the Export Administration Act of 1979 or other 
        applicable law, to have repeatedly provided support for 
        acts of international terrorism;
          (2) any country that--
                  (A) has detonated a nuclear explosive device 
                (as defined in section 830(4) of the Nuclear 
                Proliferation Prevention Act of 1994 (22 U.S.C. 
                3201 note)); and
                  (B) is not a member of the North Atlantic 
                Treaty Organization; and
          (3) any entity that--
                  (A) is engaged in international terrorism or 
                activities in preparation thereof; or
                  (B) is directed or controlled by the 
                government of a country described in paragraph 
                (1) or (2).

SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS.

    (a) Office of Defense Trade Controls.--
          (1) In general.--The Secretary of State shall take 
        the necessary steps to ensure that, in any fiscal year, 
        adequate resources are allocated to the functions of 
        the Office of Defense Trade Controls of the Department 
        of State relating to the review and processing of 
        export license applications so as to ensure that those 
        functions are performed in a thorough and timely 
        manner.
          (2) Availability of existing appropriations.--The 
        Secretary of State shall take the necessary steps to 
        ensure that those funds made available under the 
        heading ``Administration of Foreign Affairs, Diplomatic 
        and Consular Programs'' in title IV of the Departments 
        of Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 1999, as contained 
        in the Omnibus Consolidated and Emergency Supplemental 
        Appropriations Act, 1999 (Public Law 105-277) are made 
        available, upon the enactment of this Act, to the 
        Office of Defense Trade Controls of the Department of 
        State to carry out the purposes of the Office.
    (b) Defense Threat Reduction Agency.--The Secretary of 
Defense shall take the necessary steps to ensure that, in any 
fiscal year, adequate resources are allocated to the functions 
of the Defense Threat Reduction Agency of the Department of 
Defense relating to the review of export license applications 
so as to ensure that those functions are performed in a 
thorough and timely manner.
    (c) Updating of State Department Report.--Not later than 
March 1, 2000, the Secretary of State, in consultation with the 
Secretary of Defense and the Secretary of Commerce, shall 
transmit to Congress a report updating the information reported 
to Congress under section 1513(d)(3) of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (22 
U.S.C. 2778 note).

SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT LICENSING.

    As a condition of the export license for any satellite to 
be launched in a country subject to section 1514 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999 (22 U.S.C. 2778 note), the Secretary of State shall 
require the following:
          (1) That the technology transfer control plan 
        required by section 1514(a)(1) of the Strom Thurmond 
        National Defense Authorization Act for Fiscal Year 1999 
        (22 U.S.C. 2778 note) be prepared by the Department of 
        Defense and the licensee, and that the plan set forth 
        enhanced security arrangements for the launch of the 
        satellite, both before and during launch operations.
          (2) That each person providing security for the 
        launch of that satellite--
                  (A) report directly to the launch monitor 
                with regard to issues relevant to the 
                technology transfer control plan;
                  (B) have received appropriate training in the 
                International Trafficking in Arms Regulations 
                (hereafter in this title referred to as 
                ``ITAR'').
                  (C) have significant experience and expertise 
                with satellite launches; and
                  (D) have been investigated in a manner at 
                least as comprehensive as the investigation 
                required for the issuance of a security 
                clearance at the level designated as 
                ``Secret''.
          (3) That the number of such persons providing 
        security for the launch of the satellite shall be 
        sufficient to maintain 24-hour security of the 
        satellite and related launch vehicle and other 
        sensitive technology.
          (4) That the licensee agree to reimburse the 
        Department of Defense for all costs associated with the 
        provision of security for the launch of the satellite.

SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE'S REPUBLIC OF 
                    CHINA AND OF FOREIGN LAUNCH SECURITY VIOLATIONS.

    (a) Monitoring of Information.--The Secretary of Defense 
shall require that space launch monitors of the Department of 
Defense assigned to monitor launches in the People's Republic 
of China maintain records of all information authorized to be 
transmitted to the People's Republic of China with regard to 
each space launch that the monitors are responsible for 
monitoring, including copies of any documents authorized for 
such transmission, and reports on launch-related activities.
    (b) Transmission to Other Agencies.--The Secretary of 
Defense shall ensure that records under subsection (a) are 
transmitted on a current basis to appropriate elements of the 
Department of Defense and to the Department of State, the 
Department of Commerce, and the Central Intelligence Agency.
    (c) Retention of Records.--Records described in subsection 
(a) shall be retained for at least the period of the statute of 
limitations for violations of the Arms Export Control Act.
    (d) Guidelines.--The Secretary of Defense shall prescribe 
guidelines providing space launch monitors of the Department of 
Defense with the responsibility and the ability to report 
serious security violations, problems, or other issues at an 
overseas launch site directly to the headquarters office of the 
responsible Department of Defense component.

SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING HIGH-
                    PERFORMANCE COMPUTERS TO THE PEOPLE'S REPUBLIC OF 
                    CHINA.

    (a) Review.--The President, in consultation with the 
Secretary of Defense and the Secretary of Energy, shall conduct 
a comprehensive review of the national security implications of 
exporting high-performance computers to the People's Republic 
of China. To the extent that such testing has not already been 
conducted by the Government, the President, as part of the 
review, shall conduct empirical testing of the extent to which 
national security-related operations can be performed using 
clustered, massively-parallel processing or other combinations 
of computers.
    (b) Report.--The President shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the 
results of the review conducted under subsection (a). The 
report shall be submitted not later than 6 months after the 
date of the enactment of this Act in classified and 
unclassified form and shall be updated not later than February 
1 of each of the years 2001 through 2004.

SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF CHINA 
                    OF HIGH-PERFORMANCE COMPUTERS.

    (a) Revised HPC Verification System.--The President shall 
seek to enter into an agreement with the People's Republic of 
China to revise the existing verification system with the 
People's Republic of China with respect to end-use verification 
for high-performance computers exported or to be exported to 
the People's Republic of China so as to provide for an open and 
transparent system providing for effective end-use verification 
for such computers. The President shall transmit a copy of any 
such agreement to Congress.
    (b) Definition.--As used in this section and section 1406, 
the term ``high-performance computer'' means a computer which, 
by virtue of its composite theoretical performance level, would 
be subject to section 1211 of the National Defense 
Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 
note).
    (c) Adjustment of Composite Theoretical Performance Levels 
for Post-shipment Verification.--Section 1213 of the National 
Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 
2404 note) is amended by adding at the end the following new 
subsection:
    ``(e) Adjustment of Performance Levels.--Whenever a new 
composite theoretical performance level is established under 
section 1211(d), that level shall apply for purposes of 
subsection (a) of this section in lieu of the level set forth 
in subsection (a).''.

SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS.

    (a) New International Controls.--The President shall seek 
to establish new enhanced international controls on technology 
transfers that threaten international peace and United States 
national security.
    (b) Improved Sharing of Information.--The President shall 
take appropriate actions to improve the sharing of information 
by nations that are major exporters of technology so that the 
United States can track movements of technology covered by the 
Wassenaar Arrangement and enforce technology controls and re-
export requirements for such technology.
    (c) Definition.--As used in this section, the term 
``Wassenaar Arrangement'' means the multilateral export control 
regime covering conventional armaments and sensitive dual-use 
goods and technologies that was agreed to by 33 co-founding 
countries in July 1996 and began operation in September 1996.

SEC. 1409. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT REDUCTION 
                    AGENCY.

    (a) In General.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
prescribe regulations to--
          (1) authorize the personnel of the Defense Threat 
        Reduction Agency (DTRA) who monitor satellite launch 
        campaigns overseas to suspend such campaigns at any 
        time if the suspension is required for purposes of the 
        national security of the United States;
          (2) ensure that persons assigned as space launch 
        campaign monitors are provided sufficient training and 
        have adequate experience in the regulations prescribed 
        by the Secretary of State known as the ITAR and have 
        significant experience and expertise with satellite 
        technology, launch vehicle technology, and launch 
        operations technology;
          (3) ensure that adequate numbers of such monitors are 
        assigned to space launch campaigns so that 24-hour, 7-
        day per week coverage is provided;
          (4) take steps to ensure, to the maximum extent 
        possible, the continuity of service by monitors for the 
        entire space launch campaign period (from satellite 
        marketing to launch and, if necessary, completion of a 
        launch failure analysis);
          (5) adopt measures designed to make service as a 
        space launch campaign monitor an attractive career 
        opportunity;
          (6) allocate funds and other resources to the Agency 
        at levels sufficient to prevent any shortfalls in the 
        number of such personnel;
          (7) establish mechanisms in accordance with the 
        provisions of section 1514(a)(2)(A) of the Strom 
        Thurmond National Defense Authorization Act for Fiscal 
        Year 1999 (Public Law 105-261; 112 Stat. 2175; 22 
        U.S.C. 2778 note) that provide for--
                  (A) the payment to the Department of Defense 
                by the person or entity receiving the launch 
                monitoring services concerned, before the 
                beginning of a fiscal year, of an amount equal 
                to the amount estimated to be required by the 
                Department to monitor the launch campaigns 
                during that fiscal year;
                  (B) the reimbursement of the Department of 
                Defense, at the end of each fiscal year, for 
                amounts expended by the Department in 
                monitoring the launch campaigns in excess of 
                the amount provided under subparagraph (A); and
                  (C) the reimbursement of the person or entity 
                receiving the launch monitoring services if the 
                amount provided under subparagraph (A) exceeds 
                the amount actually expended by the Department 
                of Defense in monitoring the launch campaigns;
          (8) review and improve guidelines on the scope of 
        permissible discussions with foreign persons regarding 
        technology and technical information, including the 
        technology and technical information that should not be 
        included in such discussions;
          (9) provide, in conjunction with other Federal 
        agencies, on at least an annual basis, briefings to the 
        officers and employees of United States commercial 
        satellite entities on United States export license 
        standards, guidelines, and restrictions, and encourage 
        such officers and employees to participate in such 
        briefings;
          (10) establish a system for--
                  (A) the preparation and filing by personnel 
                of the Agency who monitor satellite launch 
                campaigns overseas of detailed reports of all 
                relevant activities observed by such personnel 
                in the course of monitoring such campaigns;
                  (B) the systematic archiving of reports filed 
                under subparagraph (A); and
                  (C) the preservation of such reports in 
                accordance with applicable laws; and
          (11) establish a counterintelligence program within 
        the Agency as part of its satellite launch monitoring 
        program.
    (b) Annual Report on Implementation of Satellite Technology 
Safeguards.--(1) The Secretary of Defense and the Secretary of 
State shall each submit to Congress each year, as part of the 
annual report for that year under section 1514(a)(8) of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999, the following:
          (A) A summary of the satellite launch campaigns and 
        related activities monitored by the Defense Threat 
        Reduction Agency during the preceding fiscal year.
          (B) A description of any license infractions or 
        violations that may have occurred during such campaigns 
        and activities.
          (C) A description of the personnel, funds, and other 
        resources dedicated to the satellite launch monitoring 
        program of the Agency during that fiscal year.
          (D) An assessment of the record of United States 
        satellite makers in cooperating with Agency monitors, 
        and in complying with United States export control 
        laws, during that fiscal year.
    (2) Each report under paragraph (1) shall be submitted in 
classified form and unclassified form.

SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE DEPARTMENT 
                    OF STATE.

    Not later than 180 days after the date of the enactment of 
this Act, the Secretary of State shall prescribe regulations to 
provide timely notice to the manufacturer of a commercial 
satellite of United States origin of the final determination of 
the decision on the application for a license involving the 
overseas launch of such satellite.

SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE LICENSE 
                    APPLICATIONS.

    (a) Consultation During Review of Applications.--The 
Secretary of State and Secretary of Defense, as appropriate, 
shall consult with the Director of Central Intelligence during 
the review of any application for a license involving the 
overseas launch of a commercial satellite of United States 
origin. The purpose of the consultation is to assure that the 
launch of the satellite, if the license is approved, will meet 
the requirements necessary to protect the national security 
interests of the United States.
    (b) Advisory Group.--(1) The Director of Central 
Intelligence shall establish within the intelligence community 
an advisory group to provide information and analysis to 
Congress, and to appropriate departments and agencies of the 
Federal Government, on the national security implications of 
granting licenses involving the overseas launch of commercial 
satellites of United States origin.
    (2) The advisory group shall include technically-qualified 
representatives of the Central Intelligence Agency, the Defense 
Intelligence Agency, the National Security Agency, the National 
Air Intelligence Center, and the Department of State Bureau of 
Intelligence and Research and representatives of other elements 
of the intelligence community with appropriate expertise.
    (3) In addition to the duties under paragraph (1), the 
advisory group shall--
          (A) review, on a continuing basis, information 
        relating to transfers of satellite, launch vehicle, or 
        other technology or knowledge with respect to the 
        course of the overseas launch of commercial satellites 
        of United States origin; and
          (B) analyze the potential impact of such transfers on 
        the space and military systems, programs, or activities 
        of foreign countries.
    (4) The Director of the Nonproliferation Center of the 
Central Intelligence Agency shall serve as chairman of the 
advisory group.
    (5)(A) The advisory group shall, upon request (but not less 
often than annually), submit reports on the matters referred to 
in paragraphs (1) and (3) to the appropriate committees of 
Congress and to appropriate departments and agencies of the 
Federal Government.
    (B) The first annual report under subparagraph (A) shall be 
submitted not later than one year after the date of the 
enactment of this Act.
    (c) Intelligence Community Defined.--In this section, the 
term ``intelligence community'' has the meaning given that term 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)).

SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED 
                    STATES SATELLITE MANUFACTURERS.

    (a) Notice to Congress of Investigations.--The President 
shall promptly notify the appropriate committees of Congress 
whenever an investigation is undertaken by the Department of 
Justice of--
          (1) an alleged violation of United States export 
        control laws in connection with a commercial satellite 
        of United States origin; or
          (2) an alleged violation of United States export 
        control laws in connection with an item controlled 
        under section 38 of the Arms Export Control Act (22 
        U.S.C. 2778) that is likely to cause significant harm 
        or damage to the national security interests of the 
        United States.
    (b) Notice to Congress of Certain Export Waivers.--The 
President shall promptly notify the appropriate committees of 
Congress whenever an export waiver pursuant to section 902 of 
the Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991 (22 U.S.C. 2151 note) is granted on behalf of any United 
States person that is the subject of an investigation described 
in subsection (a). The notice shall include a justification for 
the waiver.
    (c) Exception.--The requirements in subsections (a) and (b) 
shall not apply if the President determines that notification 
of the appropriate committees of Congress under such 
subsections would jeopardize an on-going criminal 
investigation. If the President makes such a determination, the 
President shall provide written notification of such 
determination to the Speaker of the House of Representatives, 
the majority leader of the Senate, the minority leader of the 
House of Representatives, and the minority leader of the 
Senate. The notification shall include a justification for the 
determination.
    (d) Identification of Persons Subject to Investigation.--
The Secretary of State and the Attorney General shall develop 
appropriate mechanisms to identify, for the purposes of 
processing export licenses for commercial satellites, persons 
who are the subject of an investigation described in subsection 
(a).
    (e) Protection of Classified and Other Sensitive 
Information.--The appropriate committees of Congress shall 
ensure that appropriate procedures are in place to protect from 
unauthorized disclosure classified information, information 
relating to intelligence sources and methods, and sensitive law 
enforcement information that is furnished to those committees 
pursuant to this section.
    (f) Statutory Construction.--Nothing in this section shall 
be construed to modify or supersede any other requirement to 
report information on intelligence activities to Congress, 
including the requirement under section 501 of the National 
Security Act of 1947 (50 U.S.C. 413).
    (g) Definitions.--As used in this section:
          (1) The term ``appropriate committees of Congress'' 
        means the following:
                  (A) The Committee on Armed Services, the 
                Committee on Foreign Relations, and the Select 
                Committee on Intelligence of the Senate.
                  (B) The Committee on Armed Services, the 
                Committee on International Relations, and the 
                Permanent Select Committee on Intelligence of 
                the House of Representatives.
          (2) The term ``United States person'' means any 
        United States resident or national (other than an 
        individual resident outside the United States and 
        employed by other than a United States person), any 
        domestic concern (including any permanent domestic 
        establishment of any foreign concern), and any foreign 
        subsidiary or affiliate (including any permanent 
        foreign establishment) of any domestic concern which is 
        controlled in fact by such domestic concern, as 
        determined under regulations of the President.

        TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS

          * * * * * * *

SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DISMANTLEMENT OF 
                    STRATEGIC NUCLEAR DELIVERY SYSTEMS.

    (a) Revised Limitation.--Subsections (a) and (b) of section 
1302 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1948) are amended to read as 
follows: * * *
    (b) Conforming Amendments.--Such section is further 
amended--
          (1) in subsection (c)(2), by striking ``during the 
        strategic delivery systems retirement limitation 
        period'' and inserting ``during the fiscal year during 
        which the START II Treaty enters into force''; and
          (2) by striking subsection (g).

SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.

    It is the sense of Congress that, in negotiating a START 
III Treaty with the Russian Federation, or any other arms 
control treaty with the Russian Federation that would require 
reductions in United States strategic nuclear forces, that--
          (1) the strategic nuclear forces and nuclear 
        modernization programs of the People's Republic of 
        China and every other nation possessing nuclear weapons 
        should be taken into full consideration in the 
        negotiation of such treaty; and
          (2) the reductions in United States strategic nuclear 
        forces under such a treaty should not be to such an 
        extent as to impede the capability of the United States 
        to respond militarily to any militarily significant 
        increase in the threat to United States security or 
        strategic stability posed by the People's Republic of 
        China and any other nation.

SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.

    (a) Report.--Not later than September 1, 2000, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report, to be prepared in 
consultation with the Director of Central Intelligence, on the 
stability of the future strategic nuclear posture of the United 
States for deterring the Russian Federation and other potential 
nuclear adversaries.
    (b) Matters To Be Included.--The Secretary shall, at a 
minimum, include in the report the following:
          (1) A discussion of the policy defining the 
        deterrence and military-political objectives of the 
        United States against potential nuclear adversaries.
          (2) A discussion of the military requirements for 
        United States nuclear forces, the force structure and 
        capabilities necessary to meet those requirements, and 
        how they relate to the achievement of the objectives 
        identified under paragraph (1).
          (3) A projection of the strategic nuclear force 
        posture of the United States and the Russian Federation 
        that is anticipated under a further Strategic Arms 
        Reduction Treaty (referred to as ``START III''), and an 
        explanation of whether and how United States nuclear 
        forces envisioned under that posture would be capable 
        of meeting the military sufficiency requirements 
        identified under paragraph (2).
          (4) The Secretary's assessment of Russia's nuclear 
        force posture under START III compared to its present 
        force, including its size, vulnerability, and 
        capability for launch on tactical warning, and an 
        assessment of whether strategic stability would be 
        enhanced or diminished under START III, including any 
        stabilizing and destabilizing factors and possible 
        incentives or disincentives for Russia to launch a 
        first strike, or otherwise use nuclear weapons, against 
        the United States in a possible future crisis.
          (5) The Secretary's assessment of the nuclear weapon 
        capabilities of China and other potential nuclear 
        weapon ``rogue'' states in the foreseeable future, and 
        an assessment of the effect of these capabilities on 
        strategic stability, including their ability and 
        inclination to use nuclear weapons against the United 
        States in a possible future crisis.
          (6) The Secretary's assessment of whether asymmetries 
        between the United States and Russia, including 
        doctrine, nonstrategic nuclear weapons, and active and 
        passive defenses, are likely to erode strategic 
        stability in the foreseeable future.
          (7) Any other matters the Secretary believes are 
        important to such a consideration of strategic 
        stability under future nuclear postures.
    (c) Classification.--The report shall be submitted in 
classified form and, to the extent possible, in unclassified 
form.

SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

    (a) Extension of Committee.--Subsection (f) of section 1605 
of the National Defense Authorization Act for Fiscal Year 1994 
(22 U.S.C. 2751 note) is amended by striking ``September 30, 
2000'' and inserting ``September 30, 2004''.
    (b) Executive Secretary of the Committee.--Paragraph (5) of 
subsection (a) of that section is amended to read as follows:
    ``(5) The Assistant to the Secretary of Defense for Nuclear 
and Chemical and Biological Defense Programs shall serve as 
executive secretary to the committee, except that during any 
period during which that position is vacant the Assistant 
Secretary of Defense for Strategy and Threat Reduction shall 
serve as the executive secretary.''.
    (c) Earlier Deadline for Annual Report on Counter-
proliferation Activities and Programs.--Section 1503(a) of the 
National Defense Authorization Act for Fiscal Year 1995 (22 
U.S.C. 2751 note) is amended by striking ``May 1 of each year'' 
and inserting ``February 1 of each year''.

SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND 
                    MONITOR IRAQI WEAPONS ACTIVITIES.

    (a) Limitation on Amount of Assistance in Fiscal Year 
2000.--The total amount of the assistance for fiscal year 2000 
that is provided by the Secretary of Defense under section 1505 
of the Weapons of Mass Destruction Control Act of 1992 (22 
U.S.C. 5859a) as activities of the Department of Defense in 
support of activities under that Act may not exceed 
$15,000,000.
    (b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by 
striking ``1999'' and inserting ``2000''.
    (c) References to United Nations Special Commission on Iraq 
and to Fiscal Limitations.--(1) Subsection (b)(2) of such 
section is amended * * *
          * * * * * * *
 c. Strom Thurmond National Defense Authorization Act for Fiscal Year 
                                  1999

    Partial text of Public Law 105-261 [H.R. 3616], 112 Stat. 1920, 
   approved October 17, 1998; amended by Public Law 106-65 [National 
Defense Authorization Act for Fiscal Year 2000;S. 1059], 113 Stat. 512, 
approved October 5, 1999; and by Public Law 106-113 [H.R. 3427, enacted 
 by reference in H.R. 3194], 113 Stat. 1501, approved November 29, 1999

 AN ACT To authorize appropriations for fiscal year 1999 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Strom 
Thurmond National Defense Authorization Act for Fiscla Year 
1999''.
    (b) * * *
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                     TITLE XV--ARMS CONTROL MATTERS

          * * * * * * *

                    Subtitle A--Arms Control Matters

SEC. 1501. ONE-YEAR EXTENSION OF LIMITATION ON RETIREMENT OR 
                    DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY 
                    SYSTEMS.

    Section 1302 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948) is 
amended--* * *

SEC. 1502.\1\ TRANSMISSION OF EXECUTIVE BRANCH REPORTS PROVIDING 
                    CONGRESS WITH CLASSIFIED SUMMARIES OF ARMS CONTROL 
                    DEVELOPMENTS.

    (a) Reporting Requirement.--The Director of the Arms 
Control and Disarmament Agency (or the Secretary of State, if 
the Arms Control and Disarmament Agency becomes an element of 
the Department of State) shall transmit to the Committee on 
Armed Services \2\ of the House of Representatives on a 
periodic basis reports containing classified summaries of arms 
control developments.
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    \1\ 22 U.S.C. 2593a note.
    \2\ Sec. 1067(3) of Public Law 106-65 (113 Stat. 774) struck out 
``Committee on National Security'' and inserted in lieu thereof 
``Committee on Armed Services''.
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    (b) Contents of Reports.--The reports required by 
subsection (a) shall include information reflecting the 
activities of forums established to consider issues relating to 
treaty implementation and treaty compliance.

SEC. 1503. REPORT ON ADEQUACY OF EMERGENCY COMMUNICATIONS CAPABILITIES 
                    BETWEEN UNITED STATES AND RUSSIA.

    Not later than 3 months after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives a report on 
the status and adequacy of current direct communications 
capabilities between the governments of the United States and 
Russia. The report shall identify each existing direct 
communications link between those governments and each such 
link that is designed to be used, or is available to be used, 
in an emergency situation. The Secretary shall describe in the 
report any shortcomings with the existing communications 
capabilities and shall include such proposals as the Secretary 
considers appropriate to improve those capabilities. In 
considering improvements to propose, the Secretary shall assess 
the feasibility and desirability of establishing a direct 
communications link between the commanders of appropriate 
United States unified and specified commands, including the 
United States Space Command and the United States Strategic 
Command, and their Russian counterparts.

SEC. 1504. RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

    (a) Findings.--The Congress makes the following findings:
          (1) The 7,000 to 12,000 or more nonstrategic (or 
        ``tactical'') nuclear weapons estimated by the United 
        States Strategic Command to be in the Russian arsenal 
        may present the greatest threat of sale or theft of a 
        nuclear warhead in the world today.
          (2) As the number of deployed strategic warheads in 
        the Russian and United States arsenals declines to just 
        a few thousand under the START accords, Russia's vast 
        superiority in tactical nuclear warheads--many of which 
        have yields equivalent to strategic nuclear weapons--
        could become strategically destabilizing.
          (3) While the United States has unilaterally reduced 
        its inventory of tactical nuclear weapons by nearly 90 
        percent since the end of the Cold War, Russia is behind 
        schedule in implementing the steep tactical nuclear 
        arms reductions pledged by former Soviet President 
        Gorbachev in 1991 and Russian President Yeltsin in 
        1992, perpetuating the dangers from Russia's tactical 
        nuclear stockpile.
    (b) Sense of Congress.--It is the sense of Congress that 
the President should call on Russia to expedite reduction of 
its tactical nuclear arsenal in accordance with the promises 
made in 1991 and 1992.
    (c) Report.--Not later than March 15, 1999, the Secretary 
of Defense shall submit to Congress a report on the 
nonstrategic nuclear weapons of Russia. The report shall 
include--
          (1) estimates regarding the current numbers, types, 
        yields, viability, and locations of those weapons;
          (2) an assessment of the strategic implications of 
        Russia's nonstrategic arsenal, including the potential 
        use of those weapons in a strategic role or the use of 
        their components in strategic nuclear systems and the 
        potential of Russian superiority in tactical nuclear 
        weapons to destabilize the overall nuclear balance as 
        strategic nuclear weapons are sharply reduced under the 
        START accords;
          (3) an assessment of the extent of the current threat 
        of theft, sale, or unauthorized use of the warheads of 
        those weapons, including an analysis of Russian command 
        and control as it concerns the use of tactical nuclear 
        weapons;
          (4) a summary of past, current, and planned efforts 
        to work cooperatively with Russia to account for, 
        secure, and reduce Russia's stockpile of tactical 
        nuclear weapons and associated fissile material;
          (5) a summary of how the United States would prevent, 
        or plans to cope militarily with, scenarios in which a 
        deterioration in relations with Moscow causes Russia to 
        redeploy tactical nuclear weapons or in which Russia 
        threatens to employ, or actually employs, tactical 
        nuclear weapons in a local or regional conflict 
        involving the United States or allies of the United 
        States; and
          (6) an assessment of the steps that could be taken by 
        the United States to enhance military preparedness in 
        order (A) to deter any potential attempt by Russia to 
        possibly exploit its advantage in tactical nuclear 
        weapons through coercive ``nuclear diplomacy'' or on 
        the battlefield, or (B) to counter Russia if Russia 
        should make such an attempt to exploit its advantage in 
        tactical nuclear weapons.
    (d) Views.--The Secretary of Defense shall include in the 
report under subsection (c) the views of the Director of 
Central Intelligence and of the commander of the United States 
Strategic Command.

                 Subtitle B--Satellite Export Controls

SEC. 1511.\3\ SENSE OF CONGRESS.

    It is the sense of Congress that--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2778 note.
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          (1) United States business interests must not be 
        placed above United States national security interests;
          (2) United States foreign policy and the policies of 
        the United States regarding commercial relations with 
        other countries should affirm the importance of 
        observing and adhering to the Missile Technology 
        Control Regime (MTCR);
          (3) the United States should encourage universal 
        observance of the Guidelines to the Missile Technology 
        Control Regime;
          (4) the exportation or transfer of advanced 
        communication satellites and related technologies from 
        United States sources to foreign recipients should not 
        increase the risks to the national security of the 
        United States;
          (5) due to the military sensitivity of the 
        technologies involved, it is in the national security 
        interests of the United States that United States 
        satellites and related items be subject to the same 
        export controls that apply under United States law and 
        practices to munitions;
          (6) the United States should not issue any blanket 
        waiver of the suspensions contained in section 902 of 
        the Foreign Relations Authorization Act, Fiscal Years 
        1990 and 1991 (Public Law 101-246), regarding the 
        export of satellites of United States origin intended 
        for launch from a launch vehicle owned by the People's 
        Republic of China;
          (7) the United States should pursue policies that 
        protect and enhance the United States space launch 
        industry; and
          (8) the United States should not export to the 
        People's Republic of China missile equipment or 
        technology that would improve the missile or space 
        launch capabilities of the People's Republic of China.

SEC. 1512.\4\ CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR 
                    TECHNOLOGY TO CHINA.

    (a) \5\ Certification.--The President shall certify to the 
Congress at least 15 days in advance of any export to the 
People's Republic of China of missile equipment or technology 
(as defined in section 74 of the Arms Export Control Act (22 
U.S.C. 2797c)) that--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2778 note. On May 10, 1999, the President certified 
to Congress ``that the export to the People's Republic of China of 
satellite fuels and separation systems for the U.S.-origin Iridium 
commercial communications satellite program: (1) is not detrimental to 
the United States space launch industry; and (2) the material and 
equipment, including any indirect technical benefit that could be 
derived from such export, will not measurably improve the missile or 
space launch capabilities of the People's Republic of China.'' 
(Congressional Record, May 11, 1999, p. S5029).
    \5\ Sec. 146 of Public Law 105-277 (112 Stat. 2681-610) struck out 
``The'' and inserted in lieu thereof ``(a) Certification.--The''; and 
added a new subsec. (b).
---------------------------------------------------------------------------
          (1) such export is not detrimental to the United 
        States space launch industry; and
          (2) the missile equipment or technology, including 
        any indirect technical benefit that could be derived 
        from such export, will not measurably improve the 
        missile or space launch capabilities of the People's 
        Republic of China.
    (b) \5\ Exception.--The certification requirement contained 
in subsection (a) shall not apply to the export of inertial 
reference units and components in manned civilian aircraft or 
supplied as spare or replacement parts for such aircraft.

SEC. 1513.\6\ SATELLITE CONTROLS UNDER THE UNITED STATES MUNITIONS 
                    LIST.

    (a) Control of Satellites on the United States Munitions 
List.--Notwithstanding any other provision of law, all 
satellites and related items that are on the Commerce Control 
List of dual-use items in the Export Administration Regulations 
(15 CFR part 730 et seq.) on the date of the enactment of this 
Act shall be transferred to the United States Munitions List 
and controlled under section 38 of the Arms Export Control Act 
(22 U.S.C. 2778).
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2778 note.
---------------------------------------------------------------------------
    (b) Defense Trade Controls Registration Fees.--Section 45 
of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2717) is amended--* * *
    (c) Effective Date.--(1) Subsection (a) shall take effect 
on March 15, 1999, and shall not apply to any export license 
issued before such effective date or to any export license 
application made under the Export Administration Regulations 
before such effective date.
    (2) The amendments made by subsection (b) shall be 
effective as of October 1, 1998.
    (d) Report.--Not later than January 1, 1999, the Secretary 
of State, in consultation with the Secretary of Defense and the 
Secretary of Commerce, shall submit to Congress a report 
containing--
          (1) a detailed description of the plans of the 
        Department of State to implement the requirements of 
        this section, including any organizational changes that 
        are required and any Executive orders or regulations 
        that may be required;
          (2) an identification and explanation of any steps 
        that should be taken to improve the license review 
        process for exports of the satellites and related items 
        described in subsection (a), including measures to 
        shorten the timelines for license application reviews, 
        and any measures relating to the transparency of the 
        license review process and dispute resolution 
        procedures;
          (3) an evaluation of the adequacy of resources 
        available to the Department of State, including fiscal 
        and personnel resources, to carry out the additional 
        activities required by this section; and
          (4) any recommendations for additional actions, 
        including possible legislation, to improve the export 
        licensing process under the Arms Export Control Act for 
        the satellites and related items described in 
        subsection (a).

SEC. 1514.\7\ NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING.

    (a) Actions by the President.--Notwithstanding any other 
provision of law, the President shall take such actions as are 
necessary to implement the following requirements for improving 
national security controls in the export licensing of 
satellites and related items:
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2778 note.
---------------------------------------------------------------------------
          (1) Mandatory technology control plans.--All export 
        licenses shall require a technology transfer control 
        plan approved by the Secretary of Defense and an 
        encryption technology transfer control plan approved by 
        the Director of the National Security Agency.
          (2) Mandatory monitors and reimbursement.--
                  (A) Monitoring of proposed foreign launch of 
                satellites.--In any case in which a license is 
                approved for the export of a satellite or 
                related items for launch in a foreign country, 
                the Secretary of Defense shall monitor all 
                aspects of the launch in order to ensure that 
                no unauthorized transfer of technology occurs, 
                including technical assistance and technical 
                data. The costs of such monitoring services 
                shall be fully reimbursed to the Department of 
                Defense by the person or entity receiving such 
                services. All reimbursements received under 
                this subparagraph shall be credited to current 
                appropriations available for the payment of the 
                costs incurred in providing such services.
                  (B) Contents of monitoring.--The monitoring 
                under subparagraph (A) shall cover, but not be 
                limited to--
                          (i) technical discussions and 
                        activities, including the design, 
                        development, operation, maintenance, 
                        modification, and repair of satellites, 
                        satellite components, missiles, other 
                        equipment, launch facilities, and 
                        launch vehicles;
                          (ii) satellite processing and launch 
                        activities, including launch 
                        preparation, satellite transportation, 
                        integration of the satellite with the 
                        launch vehicle, testing and checkout 
                        prior to launch, satellite launch, and 
                        return of equipment to the United 
                        States;
                          (iii) activities relating to launch 
                        failure, delay, or cancellation, 
                        including post-launch failure 
                        investigations; and
                          (iv) all other aspects of the launch.
          (3) Mandatory licenses for crash-investigations.--In 
        the event of the failure of a launch from a foreign 
        country of a satellite of United States origin--
                  (A) the activities of United States persons 
                or entities in connection with any subsequent 
                investigation of the failure are subject to the 
                controls established under section 38 of the 
                Arms Export Control Act, including requirements 
                for licenses issued by the Secretary of State 
                for participation in that investigation;
                  (B) officials of the Department of Defense 
                shall monitor all activities associated with 
                the investigation to insure against 
                unauthorized transfer of technical data or 
                services; and
                  (C) the Secretary of Defense shall establish 
                and implement a technology transfer control 
                plan for the conduct of the investigation to 
                prevent the transfer of information that could 
                be used by the foreign country to improve its 
                missile or space launch capabilities.
          (4) Mandatory notification and certification.--All 
        technology transfer control plans for satellites or 
        related items shall require any United States person or 
        entity involved in the export of a satellite of United 
        States origin or related items to notify the Department 
        of Defense in advance of all meetings and interactions 
        with any foreign person or entity providing launch 
        services and require the United States person or entity 
        to certify after the launch that it has complied with 
        this notification requirement.
          (5) Mandatory intelligence community review.--The 
        Secretary of Commerce and the Secretary of State shall 
        provide to the Secretary of Defense and the Director of 
        Central Intelligence copies of all export license 
        applications and technical assistance agreements 
        submitted for approval in connection with launches in 
        foreign countries of satellites to verify the 
        legitimacy of the stated end-user or end-users.
          (6) Mandatory sharing of approved licenses and 
        agreements.--The Secretary of State shall provide 
        copies of all approved export licenses and technical 
        assistance agreements associated with launches in 
        foreign countries of satellites to the Secretaries of 
        Defense and Energy, the Director of Central 
        Intelligence, and the Director of the Arms Control and 
        Disarmament Agency.
          (7) Mandatory notification to congress on licenses.--
        Upon issuing a license for the export of a satellite or 
        related items for launch in a foreign country, the head 
        of the department or agency issuing the license shall 
        so notify Congress.
          (8) Mandatory reporting on monitoring activities.--
        The Secretary of Defense shall provide to Congress an 
        annual report on the monitoring of all launches in 
        foreign countries of satellites of United States 
        origin.
          (9) Establishing safeguards program.--The Secretary 
        of Defense shall establish a program for recruiting, 
        training, and maintaining a staff dedicated to 
        monitoring launches in foreign countries of satellites 
        and related items of United States origin.
    (b) Exception.--This section shall not apply to the export 
of a satellite or related items for launch in, or by nationals 
of, a country that is a member of the North Atlantic Treaty 
Organization or that is a major non-NATO ally of the United 
States.
    (c) Effective Date.--The President shall take the actions 
required by subsection (a) not later than 45 days after the 
date of the enactment of this Act.

SEC. 1515.\8\ REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEOPLE'S 
                    REPUBLIC OF CHINA.

    (a) Requirement for Report.--Each report to Congress 
submitted pursuant to subsection (b) of section 902 of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(22 U.S.C. 2151 note; Public Law 101-246) to waive the 
restrictions contained in subsection (a) of that section on the 
export to the People's Republic of China of any satellite of 
United States origin or related items shall be accompanied by a 
detailed justification setting forth the following:
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2778 note.
---------------------------------------------------------------------------
          (1) A detailed description of all militarily 
        sensitive characteristics integrated within, or 
        associated with, the satellite.
          (2) An estimate of the number of United States 
        civilian contract personnel expected to be needed in 
        country to carry out the proposed satellite launch.
          (3)(A) A detailed description of the United States 
        Government's plan to monitor the proposed satellite 
        launch to ensure that no unauthorized transfer of 
        technology occurs, together with an estimate of the 
        number of officers and employees of the United States 
        that are expected to be needed in country to carry out 
        monitoring of the proposed satellite launch; and
          (B) the estimated cost to the Department of Defense 
        of monitoring the proposed satellite launch and the 
        amount of such cost that is to be reimbursed to the 
        department.
          (4) The reasons why the proposed satellite launch is 
        in the national security interest of the United States.
          (5) The impact of the proposed export on employment 
        in the United States, including the number of new jobs 
        created in the United States, on a State-by-State 
        basis, as a direct result of the proposed export.
          (6) The number of existing jobs in the United States 
        that would be lost, on a State-by-State basis, as a 
        direct result of the proposed export not being 
        licensed.
          (7) The impact of the proposed export on the balance 
        of trade between the United States and the People's 
        Republic of China and on reducing the current United 
        States trade deficit with the People's Republic of 
        China.
          (8) The impact of the proposed export on the 
        transition of the People's Republic of China from a 
        nonmarket economy to a market economy and the long-term 
        economic benefit to the United States.
          (9) The impact of the proposed export on opening new 
        markets to United States-made products through the 
        purchase by the People's Republic of China of United 
        States-made goods and services not directly related to 
        the proposed export.
          (10) The impact of the proposed export on reducing 
        acts, policies, and practices that constitute 
        significant trade barriers to United States exports or 
        foreign direct investment in the People's Republic of 
        China by United States nationals.
          (11) The increase that will result from the proposed 
        export in the overall market share of the United States 
        for goods and services in comparison to Japan, France, 
        Germany, the United Kingdom, and Russia.
          (12) The impact of the proposed export on the 
        willingness of the People's Republic of China to modify 
        its commercial and trade laws, practices, and 
        regulations to make United States-made goods and 
        services more accessible to that market.
          (13) The impact of the proposed export on the 
        willingness of the People's Republic of China to reduce 
        formal and informal trade barriers and tariffs, duties, 
        and other fees on United States-made goods and services 
        entering that country.
    (b) Militarily Sensitive Characteristics Defined.--In this 
section, the term ``militarily sensitive characteristics'' 
includes antijamming capability, antennas, crosslinks, baseband 
processing, encryption devices, radiation-hardened devices, 
propulsion systems, pointing accuracy, kick motors, and other 
such characteristics as are specified by the Secretary of 
Defense.

SEC. 1516.\9\ RELATED ITEMS DEFINED.

    In this subtitle, the term ``related items'' means the 
satellite fuel, ground support equipment, test equipment, 
payload adapter or interface hardware, replacement parts, and 
non-embedded solid propellant orbit transfer engines described 
in the report submitted to Congress by the Department of State 
on February 6, 1998, pursuant to section 38(f ) of the Arms 
Export Control Act (22 U.S.C. 2778(f )).
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2778 note.
---------------------------------------------------------------------------

                Subtitle C--Other Export Control Matters

SEC. 1521. AUTHORITY FOR EXPORT CONTROL ACTIVITIES OF THE DEPARTMENT OF 
                    DEFENSE.

    (a) Functions of the Under Secretary for Policy.--Section 
134(b) of title 10, United States Code, is amended by adding at 
the end the following new paragraph:
    ``(3) Subject to the authority, direction, and control of 
the Secretary of Defense, the Under Secretary shall have 
responsibility for supervising and directing activities of the 
Department of Defense relating to export controls.''.
    (b) Establishment of Deputy Under Secretary for Technology 
Security Policy.--(1) Chapter 4 of title 10, United States 
Code, is amended by inserting after section 134a the following 
new section:

``Sec. 134b. Deputy Under Secretary of Defense for Technology Security 
                    Policy

    ``(a) There is in the Office of the Under Secretary of 
Defense for Policy a Deputy Under Secretary of Defense for 
Technology Security Policy.
    ``(b) The Deputy Under Secretary serves as the Director of 
the Defense Technology Security Administration (or any 
successor organization charged with similar responsibilities).
    ``(c) The principal duties of the Deputy Under Secretary 
are--
          ``(1) assisting the Under Secretary of Defense for 
        Policy in supervising and directing the activities of 
        the Department of Defense relating to export controls; 
        and
          ``(2) assisting the Under Secretary of Defense for 
        Policy in developing policies and positions regarding 
        the appropriate export control policies and procedures 
        that are necessary to protect the national security 
        interests of the United States.
    ``(d) The Deputy Under Secretary shall perform such 
additional duties and exercise such authority as the Secretary 
of Defense may prescribe.''.
    (2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 134a 
the following new item: * * *
    (c) \10\ Time for Implementation.--The Secretary of Defense 
shall complete the actions necessary to implement the amendment 
made by subsection (a) and to establish the office of Deputy 
Under Secretary of Defense for Technology Security Policy in 
accordance with section 134b of title 10, United States Code, 
as added by subsection (b), not later than 60 days after the 
date of the enactment of this Act.
---------------------------------------------------------------------------
    \10\ 10 U.S.C. 134 note.
---------------------------------------------------------------------------
    (d) \10\ Report.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate and the 
Committee on National Security of the House of Representatives 
a report on the plans of the Secretary for implementing the 
amendments made by subsections (a) and (b). The report shall 
include the following:
          (1) A description of any organizational changes that 
        are to be made within the Department of Defense to 
        implement those amendments.
          (2) A description of the role of the Chairman of the 
        Joint Chiefs of Staff in the export control activities 
        of the Department of Defense after those subsections 
        are implemented, together with a discussion of how that 
        role compares to the Chairman's role in those 
        activities before the implementation of those 
        subsections.

SEC. 1522.\11\ RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF COMMERCE 
                    TO OTHER AGENCIES FOR PURPOSE OF NATIONAL SECURITY 
                    ASSESSMENT.

    (a) Release of Export Information.--The Secretary of 
Commerce shall, upon the written request of an official 
specified in subsection (c), transmit to that official any 
information relating to exports that is held by the Department 
of Commerce and is requested by that official for the purpose 
of assessing national security risks. The Secretary shall 
transmit such information within 10 business days after 
receiving such a request.
---------------------------------------------------------------------------
    \11\ 50 U.S.C. app. 2404 note.
---------------------------------------------------------------------------
    (b) Nature of Information.--The information referred to in 
subsection (a) includes information concerning--
          (1) export licenses issued by the Department of 
        Commerce;
          (2) exports that were carried out under an export 
        license issued by the Department of Commerce; and
          (3) exports from the United States that were carried 
        out without an export license.
    (c) Requesting Officials.--The officials referred to in 
subsection (a) are the Secretary of State, the Secretary of 
Defense, the Secretary of Energy, and the Director of Central 
Intelligence. Each of those officials may delegate to any other 
official within their respective departments and agency the 
authority to request information under subsection (a).

SEC. 1523.\12\ NUCLEAR EXPORT REPORTING REQUIREMENT.

    (a) \13\ Notification of the Committee on Foreign Relations 
of the Senate and the Committee on International Relations of 
the House of Representatives.--The President shall notify the 
Committee on Foreign Relations of the Senate and the Committee 
on International Relations of the House of Representatives \13\ 
upon the granting of a license by the Nuclear Regulatory 
Commission for the export or reexport of any nuclear-related 
technology or equipment, including source material, special 
nuclear material, or equipment or material especially designed 
or prepared for the processing, use, or production of special 
nuclear material.
---------------------------------------------------------------------------
    \12\ 42 U.S.C. 2155 note.
    \13\ Sec. 1135(1) of the Arms Control and Nonproliferation Act of 
1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2001 and 2001 (enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)) 
struck out ``Congress'' and inserted in lieu thereof ``the Committee on 
Foreign Relations of the Senate and the Committee on International 
Relations of the House of Representatives''.
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    (b) Applicability.--The requirements of this section shall 
apply only to an export or reexport to a country that--
          (1) the President has determined is a country that 
        has detonated a nuclear explosive device; and
          (2) is not a member of the North Atlantic Treaty 
        Organization.
    (c) \14\ Content of Notification.--The notification 
required pursuant to this section shall include--
---------------------------------------------------------------------------
    \14\ Sec. 1135(2) of the Arms Control and Nonproliferation Act of 
1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2001 and 2001 (enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)) 
added subsec. (c).
---------------------------------------------------------------------------
          (1) a detailed description of the articles or 
        services to be exported or reexported, including a 
        brief description of the capabilities of any article to 
        be exported or reexported;
          (2) an estimate of the number of officers and 
        employees of the United States Government and of United 
        States Government civilian contract personnel expected 
        to be required in such country to carry out the 
        proposed export or reexport;
          (3) the name of each licensee expected to provide the 
        article or service proposed to be sold and a 
        description from the licensee of any offset agreements 
        proposed to be entered into in connection with such 
        sale (if known on the date of transmittal of such 
        statement);
          (4) the projected delivery dates of the articles or 
        services to be exported or reexported; and
          (5) the extent to which the recipient country in the 
        previous two years has engaged in any of the actions 
        specified in subparagraph (A), (B), or (C) of section 
        129(2) of the Atomic Energy Act of 1954.

SEC. 1524.\15\ EXECUTION OF OBJECTION AUTHORITY WITHIN THE DEPARTMENT 
                    OF DEFENSE.

    Section 1211 of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1932) is amended 
by adding at the end the following new subsection:
---------------------------------------------------------------------------
    \15\ 50 U.S.C. app. 2404 note.
---------------------------------------------------------------------------
    ``(g) Delegation of Objection Authority Within the 
Department of Defense.--For the purposes of the Department of 
Defense, the authority to issue an objection referred to in 
subsection (a) shall be executed for the Secretary of Defense 
by an official at the Assistant Secretary level within the 
office of the Under Secretary of Defense for Policy. In 
implementing subsection (a), the Secretary of Defense shall 
ensure that Department of Defense procedures maximize the 
ability of the Department of Defense to be able to issue an 
objection within the 10-day period specified in subsection 
(c).''.

                Subtitle D--Counterproliferation Matters

SEC. 1531. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR 
                    SUPPORT OF UNITED NATIONS SPECIAL COMMISSION ON 
                    IRAQ.

    (a) Amount Authorized for Fiscal Year 1999.--The total 
amount of assistance for fiscal year 1999 provided by the 
Secretary of Defense under section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) that is 
provided for activities of the Department of Defense in support 
of the United Nations Special Commission on Iraq, may not 
exceed $15,000,000.
    (b) Extension of Authority To Provide Assistance.--
Subsection (f ) of section 1505 of the Weapons of Mass 
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by 
striking out ``1998'' and inserting in lieu thereof ``1999''.

SEC. 1532. SENSE OF CONGRESS ON NUCLEAR TESTS IN SOUTH ASIA.

    The Congress--
          (1) strongly condemns the decisions by the 
        Governments of India and Pakistan to conduct nuclear 
        tests in May 1998;
          (2) calls for the Governments of India and Pakistan 
        to commit not to conduct any additional nuclear tests;
          (3) urges the Governments of India and Pakistan to 
        take immediate steps to reduce tensions between the two 
        countries;
          (4) urges India and Pakistan to engage in high-level 
        dialogue aimed at reducing the likelihood of armed 
        conflict, enacting confidence and security building 
        measures, and resolving areas of dispute;
          (5) commends all nations to take steps which will 
        reduce tensions in South Asia, including appropriate 
        measures to prevent the transfer of technology that 
        could further exacerbate the arms race in South Asia, 
        and thus avoid further deterioration of security there;
          (6) calls upon the President, leaders of all nations, 
        and the United Nations to encourage a diplomatic, 
        negotiated solution between the Governments of India 
        and Pakistan to promote peace and stability in South 
        Asia and resolve the current impasse;
          (7) encourages United States diplomatic leadership in 
        assisting the Governments of India and Pakistan to seek 
        a negotiated resolution of their 50-year conflict over 
        the disputed territory in Kashmir;
          (8) urges India and Pakistan to take immediate, 
        binding, and verifiable steps to roll back their 
        nuclear programs and come into compliance with 
        internationally accepted norms regarding the 
        proliferation of weapons of mass destruction; and
          (9) urges the United States to reevaluate its 
        bilateral relationship with India and Pakistan, in 
        light of the new regional security realities in South 
        Asia, with the goal of preventing further nuclear and 
        ballistic missile proliferation, diffusing long-
        standing regional rivalries between India and Pakistan, 
        and securing commitments from India and Pakistan which, 
        if carried out, could result in a calibrated lifting of 
        United States sanctions imposed under the Arms Export 
        Control Act and the Nuclear Proliferation Prevention 
        Act of 1994.

SEC. 1533. REPORT ON REQUIREMENTS FOR RESPONSE TO INCREASED MISSILE 
                    THREAT IN ASIA-PACIFIC REGION.

    (a) Study.--The Secretary of Defense shall carry out a 
study of the architecture requirements for the establishment 
and operation of a theater ballistic missile defense system in 
the Asia-Pacific region that would have the capability to 
protect key regional allies of the United States.
    (b) Report.--(1) Not later than January 1, 1999, the 
Secretary shall submit to the Committee on National Security of 
the House of Representatives and the Committee on Armed 
Services of the Senate a report containing--
          (A) the results of the study conducted under 
        subsection (a);
          (B) the factors used to obtain such results; and
          (C) a description of any United States missile 
        defense system currently deployed or under development 
        that could be transferred to key allies of the United 
        States in the Asia-Pacific region to provide for their 
        self-defense against limited ballistic missile attacks.
    (2) The report shall be submitted in both classified and 
unclassified form.
          * * * * * * *
       d. National Defense Authorization Act for Fiscal Year 1998

Partial text of Public Law 105-85 [H.R. 1119], 111 Stat. 1629, approved 
   November 18, 1997; amended by Public Law 105-261 [Strom Thurmond 
 National Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 
112 Stat. 1920, approved October 17, 1998; Public Law 106-65 [National 
  Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat. 
  512, approved October 5, 1999; and by Public Law 106-398 [National 
 Defense Authorization Act for Fiscal Year 2001; H.R. 5408, enacted by 
   reference in H.R. 4205], 114 Stat. 1654, approved October 30, 2000

 AN ACT To authorize appropriations for fiscal year 1998 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 1998''.
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

              TITLE XIII--ARMS CONTROL AND RELATED MATTERS

          * * * * * * *

SEC. 1301. PRESIDENTIAL REPORT CONCERNING DETARGETING OF RUSSIAN 
                    STRATEGIC MISSILES.

    (a) Required Report.--Not later than January 1, 1998, the 
President shall submit to Congress a report concerning 
detargeting of Russian strategic missiles. The report shall 
address each of the following:
          (1) Whether a Russian ICBM that was formerly, but is 
        no longer, targeted at a site in the United States 
        would be automatically retargeted at a site in the 
        United States in the event of the accidental launch of 
        the missile.
          (2) Whether missile detargeting would prevent or 
        significantly reduce the possibility of an unauthorized 
        missile launch carried out by the Russian General Staff 
        and prevent or significantly reduce the consequences to 
        the United States of such a launch.
          (3) Whether missile detargeting would pose a 
        significant obstacle to an unauthorized launch carried 
        out by an operational level below the Russian General 
        Staff if missile operators at such an operational level 
        acquired missile launch codes or had the technical 
        expertise to override missile launch codes.
          (4) The plausibility of an accidental launch of a 
        Russian ICBM, compared to the possibility of a 
        deliberate missile launch, authorized or unauthorized, 
        resulting from Russian miscalculation, overreaction, or 
        aggression.
          (5) The national security benefits derived from 
        detargeting United States and Russian ICBMs.
          (6) The relative consequences to the United States of 
        an unauthorized or accidental launch of a Russian ICBM 
        that has been detargeted and one that has not been 
        detargeted.
    (b) Definitions.--For purposes of subsection (a):
          (1) The term ``Russian ICBM'' means an 
        intercontinental ballistic missile of the Russian 
        Federation.
          (2) The term ``accidental launch'' means a missile 
        launch resulting from mechanical failure.

SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC 
                    NUCLEAR DELIVERY SYSTEMS.

    (a) \1\ Funding Limitation.--(1) Except as provided in 
paragraph (2), funds available to the Department of Defense may 
not be obligated or expended for retiring or dismantling, or 
for preparing to retire or dismantle, any of the following 
strategic nuclear delivery systems below the specified levels:
---------------------------------------------------------------------------
    \1\ Sec. 1501 of Public Law 106-65 (113 Stat. 806) amended and 
restated subsecs. (a) and (b). The subsecs., as previously amended by 
sec. 1501(1) of Public Law 105-261, formerly read as follows:
    ``(a) Funding Limitation.--Funds available to the Department of 
Defense may not be obligated or expended during the strategic delivery 
systems retirement limitation period for retiring or dismantling, or 
for preparing to retire or dismantle, any of the following strategic 
nuclear delivery systems below the specified levels:
---------------------------------------------------------------------------

          ``(1) 71 B-52H bomber aircraft.
          ``(2) 18 Trident ballistic missile submarines.
          ``(3) 500 Minuteman III intercontinental ballistic missiles.
          ``(4) 50 Peacekeeper intercontinental ballistic missiles.
---------------------------------------------------------------------------
    ``(b) Waiver Authority.--If the START II Treaty enters into force 
during the strategic delivery systems retirement limitation period, the 
Secretary of Defense may waive the application of the limitation under 
subsection (a) to the extent that the Secretary determines necessary in 
order to implement the treaty.''.
---------------------------------------------------------------------------
          (A) 76 B-52H bomber aircraft.
          (B) 18 Trident ballistic missile submarines.
          (C) 500 Minuteman III intercontinental ballistic 
        missiles.
          (D) 50 Peacekeeper intercontinental ballistic 
        missiles.
    (2) The limitation in paragraph (1)(B) shall be modified in 
accordance with paragraph (3) upon a certification by the 
President to Congress of the following:
          (A) That the effectiveness of the United States 
        strategic deterrent will not be decreased by reductions 
        in strategic nuclear delivery systems.
          (B) That the requirements of the Single Integrated 
        Operational Plan can be met with a reduced number of 
        strategic nuclear delivery systems.
          (C) That reducing the number of strategic nuclear 
        delivery systems will not, in the judgment of the 
        President, provide a disincentive for Russia to ratify 
        the START II treaty or serve to undermine future arms 
        control negotiations.
          (D) That the United States will retain the ability to 
        increase the delivery capacity of its strategic nuclear 
        delivery systems should threats arise that require more 
        substantial United States strategic forces.
    (3) If the President submits the certification described in 
paragraph (2), then the applicable number in effect under 
paragraph (1)(B)--
          (A) shall be 16 during the period beginning on the 
        date on which such certification is transmitted to 
        Congress and ending on the date specified in 
        subparagraph (B); and
          (B) shall be 14 effective as of the date that is 240 
        days after the date on which such certification is 
        transmitted.
    (b) \1\ Waiver Authority.--If the START II Treaty enters 
into force, the President may waive the application of the 
limitation in effect under subsection (a) to a strategic 
nuclear delivery system \2\ to the extent that the President 
determines such a waiver to be necessary in order to implement 
the treaty.
---------------------------------------------------------------------------
    \2\ Sec. 1043 of Public Law 106-398 (114 Stat. 1654) struck out 
``the application of the limitation in effect under paragraph (1)(B) or 
(3) of subsection (a), as the case may be,'' and inserted in lieu 
thereof ``the application of the limitation in effect under subsection 
(a) to a strategic nuclear delivery system''.
---------------------------------------------------------------------------
    (c) Funding Limitation on Early Deactivation.--(1) If the 
limitation under subsection (a) ceases to apply by reason of a 
waiver under subsection (b), funds available to the Department 
of Defense may nevertheless not be obligated or expended \3\ to 
implement any agreement or understanding to undertake 
substantial early deactivation of a strategic nuclear delivery 
system specified in subsection (a) until 30 days after the date 
on which the President submits to Congress a report concerning 
such actions.
---------------------------------------------------------------------------
    \3\ Sec. 1501(2) of Public Law 105-261 (112 Stat. 2171) struck out 
``during fiscal year 1998''.
---------------------------------------------------------------------------
    (2) For purposes of this subsection and subsection (d), a 
substantial early deactivation is an action during the fiscal 
year during which the START II Treaty enters into force \4\ to 
deactivate a substantial number of strategic nuclear delivery 
systems specified in subsection (a) by--
---------------------------------------------------------------------------
    \4\ Sec. 1501(b)(1) of Public Law 106-65 (113 Stat. 806) struck out 
``during the strategic delivery systems retirement limitation period'' 
and inserted in lieu thereof ``during the fiscal year during which the 
START II Treaty enters into force''. Previously, sec. 1501(1) of Public 
Law 105-261 (112 Stat. 2171) struck out ``during the fiscal year 1998'' 
and inserted in lieu thereof ``during the strategic delivery systems 
retirement limitation period''.
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          (A) removing nuclear warheads from those systems; or
          (B) taking other steps to remove those systems from 
        combat status.
    (3) A report under this subsection shall include the 
following:
          (A) The text of any understanding or agreement 
        between the United States and the Russian Federation 
        concerning substantial early deactivation of strategic 
        nuclear delivery systems under the START II Treaty.
          (B) The plan of the Department of Defense for 
        implementing the agreement.
          (C) An assessment of the Secretary of Defense of the 
        adequacy of the provisions contained in the agreement 
        for monitoring and verifying compliance of Russia with 
        the terms of the agreement and, based upon that 
        assessment, the determination of the President 
        specifically as to whether the procedures for 
        monitoring and verification of compliance by Russia 
        with the terms of the agreement are adequate or 
        inadequate.
          (D) A determination by the President as to whether 
        the deactivations to occur under the agreement will be 
        carried out in a symmetrical, reciprocal, or equivalent 
        manner and whether the agreement will require early 
        deactivations of strategic forces by the United States 
        to be carried out substantially more rapidly than 
        deactivations of strategic forces by Russia.
          (E) An assessment by the President of the effect of 
        the proposed early deactivation on the stability of the 
        strategic balance and relative strategic nuclear 
        capabilities of the United States and the Russian 
        Federation at various stages during deactivation and 
        upon completion, including a determination by the 
        President specifically as to whether the proposed early 
        deactivations will adversely affect strategic 
        stability.
    (d) Further Limitation on Strategic Force Reductions.--(1) 
Amounts available to the Department of Defense \5\ to implement 
an agreement that results in a substantial early deactivation 
of strategic forces may not be obligated for that purpose if in 
the report under subsection (c)(3) the President determines any 
of the following:
---------------------------------------------------------------------------
    \5\ Sec. 1501(3)(A) and (B) of Public Law 105-261 (112 Stat. 2171) 
struck out ``for fiscal year 1998'' and ``during fiscal year 1998'', 
respectively.
---------------------------------------------------------------------------
          (A) That procedures for monitoring and verification 
        of compliance by Russia with the terms of the agreement 
        are inadequate.
          (B) That the agreement will require early 
        deactivations of strategic forces by the United States 
        to be carried out substantially more rapidly than 
        deactivations of strategic forces by Russia.
          (C) That the proposed early deactivations will 
        adversely affect strategic stability.
    (2) The limitation in paragraph (1), if effective by reason 
of a determination by the President described in paragraph 
(1)(B), shall cease to apply 30 days after the date on which 
the President notifies Congress that the early deactivations 
under the agreement are in the national interest of the United 
States.
    (e) Contingency Plan for Sustainment of Systems.--(1) Not 
later then \6\ February 15, 1998, the Secretary of Defense 
shall submit to Congress a plan for the sustainment beyond 
October 1, 1999, of United States strategic nuclear delivery 
systems and alternative Strategic Arms Reduction Treaty force 
structures in the event that a strategic arms reduction 
agreement subsequent to the Strategic Arms Reduction Treaty 
does not enter into force before 2004.
---------------------------------------------------------------------------
    \6\ As enrolled.
---------------------------------------------------------------------------
    (2) The plan shall include a discussion of the following 
matters:
          (A) The actions that are necessary to sustain the 
        United States strategic nuclear delivery systems, 
        distinguishing between the actions that are planned for 
        and funded in the future-years defense program and the 
        actions that are not planned for and funded in the 
        future-years defense program.
          (B) The funding necessary to implement the plan, 
        indicating the extent to which the necessary funding is 
        provided for in the future-years defense program and 
        the extent to which the necessary funding is not 
        provided for in the future-years defense program.
    (f) START Treaties Defined.--In this section:
          (1) The term ``Strategic Arms Reduction Treaty'' 
        means the Treaty Between the United States of America 
        and the United Soviet Socialist Republics on the 
        Reduction and Limitation of Strategic Offensive Arms 
        (START), signed at Moscow on July 31, 1991, including 
        related annexes on agreed statements and definitions, 
        protocols, and memorandum of understanding.
          (2) The term ``START II Treaty'' means the Treaty 
        Between the United States of America and the Russian 
        Federation on Further Reduction and Limitation of 
        Strategic Offensive Arms, signed at Moscow on January 
        3, 1993, including the following protocols and 
        memorandum of understanding, all such documents being 
        integral parts of and collectively referred to as the 
        ``START II Treaty'' (contained in Treaty Document 103-
        1):
                  (A) The Protocol on Procedures Governing 
                Elimination of Heavy ICBMs and on Procedures 
                Governing Conversion of Silo Launchers of Heavy 
                ICBMs Relating to the Treaty Between the United 
                States of America and the Russian Federation on 
                Further Reduction and Limitation of Strategic 
                Offensive Arms (also known as the ``Elimination 
                and Conversion Protocol'').
                  (B) The Protocol on Exhibitions and 
                Inspections of Heavy Bombers Relating to the 
                Treaty Between the United States and the 
                Russian Federation on Further Reduction and 
                Limitation of Strategic Offensive Arms (also 
                known as the ``Exhibitions and Inspections 
                Protocol'').
                  (C) The Memorandum of Understanding on 
                Warhead Attribution and Heavy Bomber Data 
                Relating to the Treaty Between the United 
                States of America and the Russian Federation on 
                Further Reduction and Limitation of Strategic 
                Offensive Arms (also known as the ``Memorandum 
                on Attribution'').
    (g) \7\ * * * [Repealed--1999]
---------------------------------------------------------------------------
    \7\ Sec. 1501(4) of Public Law 105-261 (112 Stat. 2171) added 
subsec. (g). Sec. 1501(b)(1) of Public Law 106-65 (113 Stat. 806) 
struck out the subsec. the following year. It had read as follows:
    ``(g) Strategic Delivery Systems Retirement Limitation Period.--For 
purposes of this section, the term `strategic delivery systems 
retirement limitation period' means the period of fiscal years 1998 and 
1999.''.
---------------------------------------------------------------------------

SEC. 1303.\8\ ASSISTANCE FOR FACILITIES SUBJECT TO INSPECTION UNDER THE 
                    CHEMICAL WEAPONS CONVENTION.

    (a) Assistance Authorized.--Upon the request of the owner 
or operator of a facility that is subject to a routine 
inspection or a challenge inspection under the Chemical Weapons 
Convention, the Secretary of Defense may provide technical 
assistance to that owner or operator related to compliance of 
that facility with the Convention. Any such assistance shall be 
provided through the On-Site Inspection Agency of the 
Department of Defense.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 1525.
---------------------------------------------------------------------------
    (b) Reimbursement Requirement.--The Secretary may provide 
assistance under subsection (a) only to the extent that the 
Secretary determines that the Department of Defense will be 
reimbursed for costs incurred in providing the assistance. The 
United States National Authority may provide such reimbursement 
from amounts available to it. Any such reimbursement shall be 
credited to amounts available for the On-Site Inspection 
Agency.
    (c) Definitions.--In this section:
          (1) The terms ``Chemical Weapons Convention'' and 
        ``Convention'' mean the Convention on the Prohibition 
        of the Development, Production, Stockpiling and Use of 
        Chemical Weapons and on Their Destruction, ratified by 
        the United States on April 25, 1997, and entered into 
        force on April 29, 1997.
          (2) The term ``facility that is subject to a routine 
        inspection'' means a declared facility, as defined in 
        paragraph 15 of part X of the Annex on Implementation 
        and Verification of the Convention.
          (3) The term ``challenge inspection'' means an 
        inspection conducted under Article IX of the 
        Convention.
          (4) The term ``United States National Authority'' 
        means the United States National Authority established 
        or designated pursuant to Article VII, paragraph 4, of 
        the Convention.

SEC. 1304. TRANSFERS OF AUTHORIZATIONS FOR HIGH-PRIORITY 
                    COUNTERPROLIFERATION PROGRAMS.

    (a) Authority.--(1) Subject to paragraph (2), the Secretary 
of Defense may transfer amounts of authorizations made 
available to the Department of Defense in this division for 
fiscal year 1998 to any counterproliferation program, project, 
or activity described in subsection (b).
    (2) A transfer of authorizations may be made under this 
section only upon determination by the Secretary of Defense 
that such action is necessary in the national interest.
    (3) Amounts of authorizations so transferred shall be 
merged with and be available for the same purposes as the 
authorization to which transferred.
    (b) Programs To Which Tranfers May Be Made.--The authority 
under subsection (a) applies to any counterproliferation 
program, project, or activity of the Department of Defense 
identified as an area for progress in the most recent annual 
report of the Counterproliferation Program Review Committee 
established by section 1605 of the National Defense 
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note).
    (c) Limitation on Total Amount.--The total amount of 
authorizations transferred under the authority of this section 
may not exceed $50,000,000.
    (d) Other Limitations and Requirements.--The provisions of 
subsection (b), (c), and (d) of section 1001 shall apply to a 
transfer under this section in the same manner as they apply to 
a transfer under subsection (a) of that section.
    (e) Construction With General Transfer Authority.--The 
authority provided by this section is in addition to the 
transfer authority provided in section 1001.

SEC. 1305.\9\ ADVICE TO THE PRESIDENT AND CONGRESS REGARDING THE 
                    SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES 
                    NUCLEAR WEAPONS STOCKPILE.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 7274p.
---------------------------------------------------------------------------
          (1) Nuclear weapons are the most destructive weapons 
        on earth. The United States and its allies continue to 
        rely on nuclear weapons to deter potential adversaries 
        from using weapons of mass destruction. The safety and 
        reliability of the nuclear weapons stockpile are 
        essential to ensure its credibility as a deterrent.
          (2) On September 24, 1996, President Clinton signed 
        the Comprehensive Test Ban Treaty.
          (3) Effective as of September 30, 1996, the United 
        States is prohibited by section 507 of the Energy and 
        Water Development Appropriations Act, 1993 (Public Law 
        102-377; 42 U.S.C. 2121 note) from conducting 
        underground nuclear tests ``unless a foreign state 
        conducts a nuclear test after this date, at which time 
        the prohibition on United States nuclear testing is 
        lifted''.
          (4) Section 1436(b) of the National Defense 
        Authorization Act, Fiscal Year 1989 (Public Law 100-
        456; 42 U.S.C. 2121 note) requires the Secretary of 
        Energy to ``establish and support a program to assure 
        that the United States is in a position to maintain the 
        reliability, safety, and continued deterrent effect of 
        its stockpile of existing nuclear weapons designs in 
        the event that a low-threshold or comprehensive test 
        ban on nuclear explosive testing is negotiated and 
        ratified.''.
          (5) Section 3138(d) of the National Defense 
        Authorization Act for Fiscal Year 1994 (Public Law 103-
        160; 42 U.S.C. 2121 note) required the President to 
        submit an annual report to Congress which sets forth 
        ``any concerns with respect to the safety, security, 
        effectiveness, or reliability of existing United States 
        nuclear weapons raised by the Stockpile Stewardship 
        Program of the Department of Energy''.
          (6) President Clinton declared in July 1993 that ``to 
        assure that our nuclear deterrent remains unquestioned 
        under a test ban, we will explore other means of 
        maintaining our confidence in the safety, reliability, 
        and the performance of our weapons''. This decision was 
        incorporated in a Presidential Directive.
          (7) Section 3138 of the National Defense 
        Authorization Act for Fiscal Year 1994 (Public Law 103-
        160; 42 U.S.C. 2121 note) also requires that the 
        Secretary of Energy establish a ``stewardship program 
        to ensure the preservation of the core intellectual and 
        technical competencies of the United States in nuclear 
        weapons''.
          (8) The plan of the Department of Energy to maintain 
        the safety and reliability of the United States nuclear 
        weapons stockpile is known as the Stockpile Stewardship 
        and Management Program. The ability of the United 
        States to maintain and certify the safety, security, 
        effectiveness, and reliability of the nuclear weapons 
        stockpile without testing will require utilization of 
        new and sophisticated computational capabilities and 
        diagnostic technologies, methods, and procedures. 
        Current diagnostic technologies and laboratory testing 
        techniques are insufficient to certify the safety and 
        reliability of the United States nuclear weapons 
        stockpile into the future. Whereas in the past 
        laboratory and diagnostic tools were used in 
        conjunction with nuclear testing, in the future they 
        will provide, under the Department of Energy's 
        stockpile stewardship plan, the sole basis for 
        assessing past test data and for making judgments on 
        phenomena observed in connection with the aging of the 
        stockpile.
          (9) Section 3159 of the National Defense 
        Authorization Act for Fiscal Year 1997 (Public Law 104-
        201; 42 U.S.C. 7274o) requires that the directors of 
        the nuclear weapons laboratories and the nuclear 
        weapons production plants submit a report to the 
        Assistant Secretary of Energy for Defense Programs if 
        they identify a problem that has significant bearing on 
        confidence in the safety or reliability of a nuclear 
        weapon or nuclear weapon type, that the Assistant 
        Secretary must transmit that report, along with any 
        comments, to the congressional defense committees and 
        to the Secretary of Energy and the Secretary of 
        Defense, and that the Joint Nuclear Weapons Council 
        advise Congress regarding its analysis of any such 
        problems.
          (10) On August 11, 1995, President Clinton directed 
        ``the establishment of a new annual reporting and 
        certification requirement [to] ensure that our nuclear 
        weapons remain safe and reliable under a comprehensive 
        test ban''.
          (11) On the same day, the President noted that the 
        Secretary of Defense and the Secretary of Energy have 
        the responsibility, after being ``advised by the 
        Nuclear Weapons Council, the Directors of DOE's nuclear 
        weapons laboratories, and the Commander of United 
        States Strategic Command'', to provide the President 
        with the information regarding the certification 
        referred to in paragraph (10).
          (12) The Joint Nuclear Weapons Council established by 
        section 179 of title 10, United States Code, is 
        responsible for providing advice to the Secretary of 
        Energy and the Secretary of Defense regarding nuclear 
        weapons issues, including ``considering safety, 
        security, and control issues for existing weapons''. 
        The Council plays a critical role in advising Congress 
        in matters relating to nuclear weapons.
          (13) It is essential that the President receive well-
        informed, objective, and honest opinions, including 
        dissenting views, from his advisers and technical 
        experts regarding the safety, security, effectiveness, 
        and reliability of the nuclear weapons stockpile.
    (b) Policy.--
          (1) In general.--It is the policy of the United 
        States--
                  (A) to maintain a safe, secure, effective, 
                and reliable nuclear weapons stockpile; and
                  (B) as long as other nations control or 
                actively seek to acquire nuclear weapons, to 
                retain a credible nuclear deterrent.
          (2) Nuclear weapons stockpile.--It is in the security 
        interest of the United States to sustain the United 
        States nuclear weapons stockpile through a program of 
        stockpile stewardship, carried out at the nuclear 
        weapons laboratories and nuclear weapons production 
        plants.
          (3) Sense of congress.--It is the sense of Congress 
        that--
                  (A) the United States should retain a triad 
                of strategic nuclear forces sufficient to deter 
                any future hostile foreign leadership with 
                access to strategic nuclear forces from acting 
                against the vital interests of the United 
                States;
                  (B) the United States should continue to 
                maintain nuclear forces of sufficient size and 
                capability to implement an effective and robust 
                deterrent strategy; and
                  (C) the advice of the persons required to 
                provide the President and Congress with 
                assurances of the safety, security, 
                effectiveness, and reliability of the nuclear 
                weapons force should be scientifically based, 
                without regard for politics, and of the highest 
                quality and integrity.
    (c) Addition of President to Recipients of Reports by Heads 
of Laboratories and Plants.--Section 3159(b) of the National 
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 42 U.S.C. 7274o) is amended--* * *
    (d) Ten-Day Time Limit for Transmittal of Report.--Section 
3159(b) of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104-201; 42 U.S.C. 7274o) is amended * * 
*
    (e) Advice and Opinions Regarding Nuclear Weapons 
Stockpile.--In addition to a director of a nuclear weapons 
laboratory or a nuclear weapons production plant (under section 
3159 of the National Defense Authorization Act for Fiscal Year 
1997 (Public Law 104-201; 42 U.S.C. 7274o)), any member of the 
Joint Nuclear Weapons Council or the commander of the United 
States Strategic Command may also submit to the President, the 
Secretary of Defense, the Secretary of Energy, or the 
congressional defense committees advice or opinion regarding 
the safety, security, effectiveness, and reliability of the 
nuclear weapons stockpile.
    (f) Expression of Individual Views.--A representative of 
the President may not take any action against, or otherwise 
constrain, a director of a nuclear weapons laboratory or a 
nuclear weapons production plant, a member of the Joint Nuclear 
Weapons Council, or the Commander of United States Strategic 
Command for presenting individual views to the President, the 
National Security Council, or Congress regarding the safety, 
security, effectiveness, and reliability of the nuclear weapons 
stockpile.
    (g) Definitions.--In this section:
          (1) The term ``representative of the President'' 
        means the following:
                  (A) Any official of the Department of Defense 
                or the Department of Energy who is appointed by 
                the President and confirmed by the Senate.
                  (B) Any member of the National Security 
                Council.
                  (C) Any member of the Joint Chiefs of Staff.
                  (D) Any official of the Office of Management 
                and Budget.
          (2) The term ``nuclear weapons laboratory'' means any 
        of the following:
                  (A) Lawrence Livermore National Laboratory, 
                California.
                  (B) Los Alamos National Laboratory, New 
                Mexico.
                  (C) Sandia National Laboratories.
          (3) The term ``nuclear weapons production plant'' 
        means any of the following:
                  (A) The Pantex Plant, Texas.
                  (B) The Savannah River Site, South Carolina.
                  (C) The Kansas City Plant, Missouri.
                  (D) The Y-12 Plant, Oak Ridge, Tennessee.

SEC. 1306. RECONSTITUTION OF COMMISSION TO ASSESS THE BALLISTIC MISSILE 
                    THREAT TO THE UNITED STATES.

    (a) Initial Organization Requirements.--Section 1321(g) of 
the National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104-201; 110 Stat. 2712) is amended--* * *
    (b) Funding.--Section 1328 of such Act (110 Stat. 2714) is 
amended by inserting ``and fiscal year 1998'' after ``for 
fiscal year 1997''.

SEC. 1307. SENSE OF CONGRESS REGARDING THE RELATIONSHIP BETWEEN UNITED 
                    STATES OBLIGATIONS UNDER THE CHEMICAL WEAPONS 
                    CONVENTION AND ENVIRONMENTAL LAWS.

    (a) Findings.--Congress makes the following findings:
          (1) The Chemical Weapons Convention requires the 
        destruction of the United States stockpile of lethal 
        chemical agents and munitions by April 29, 2007 (not 
        later than 10 years after the Convention's entry into 
        force).
          (2) The President has substantial authority under 
        existing law to ensure that--
                  (A) the technologies necessary to destroy the 
                stockpile are developed;
                  (B) the facilities necessary to destroy the 
                stockpile are constructed; and
                  (C) Federal, State, and local environmental 
                laws and regulations do not impair the ability 
                of the United States to comply with its 
                obligations under the Convention.
          (3) The Comptroller General has concluded (in GAO 
        Report NSIAD 97018 of February 1997) that--
                  (A) obtaining the necessary Federal and State 
                permits that are required under Federal 
                environmental laws and regulations for building 
                and operating the chemical agents and munitions 
                destruction facilities is among the most 
                unpredictable factors in the chemical 
                demilitarization program; and
                  (B) program cost and schedule are largely 
                driven by the degree to which States and local 
                communities are in agreement with proposed 
                disposal methods and whether those methods meet 
                environmental concerns.
    (b) Sense of Congress.--It is the sense of Congress that 
the President--
          (1) should use the authority of the President under 
        existing law to ensure that the United States is able 
        to construct and operate the facilities necessary to 
        destroy the United States stockpile of lethal chemical 
        agents and munitions within the time allowed by the 
        Chemical Weapons Convention; and
          (2) while carrying out the obligations of the United 
        States under the Convention, should encourage 
        negotiations between appropriate Federal officials and 
        officials of the State and local governments concerned 
        to attempt to meet their concerns regarding compliance 
        with Federal and State environmental laws and 
        regulations and other concerns about the actions being 
        taken to carry out those obligations.
    (c) Chemical Weapons Convention Defined.--For the purposes 
of this section, the terms ``Chemical Weapons Convention'' and 
``Convention'' mean the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of Chemical 
Weapons and on Their Destruction, ratified by the United States 
on April 25, 1997, and entered into force on April 29, 1997.

SEC. 1308. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR SUPPORT OF 
                    UNITED NATIONS SPECIAL COMMISSION ON IRAQ.

    Section 1505 of the Weapons of Mass Destruction Control Act 
of 1992 (title XV of Public Law 102-484; 22 U.S.C. 5859a) is 
amended--* * *

SEC. 1309.\10\ ANNUAL REPORT ON MORATORIUM ON USE BY ARMED FORCES OF 
                    ANTIPERSONNEL LANDMINES.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \10\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
          (1) The United States has stated its support for a 
        ban on antipersonnel landmines that is global in scope 
        and verifiable.
          (2) On May 16, 1996, the President announced that the 
        United States, as a matter of policy, would eliminate 
        its stockpile of non-self-destructing antipersonnel 
        landmines, except those used for training purposes and 
        in Korea, and that the United States would reserve the 
        right to use self-destructing antipersonnel landmines 
        in the event of conflict.
          (3) On May 16, 1996, the President also announced 
        that the United States would lead an effort to 
        negotiate an international treaty permanently banning 
        the use of all antipersonnel landmines.
          (4) The United States is currently participating at 
        the United Nations Conference on Disarmament in 
        negotiations aimed at achieving a global ban on the use 
        of antipersonnel landmines.
          (5) On August 18, 1997, the administration agreed to 
        participate in international negotiations sponsored by 
        Canada (the so-called ``Ottawa process'') designed to 
        achieve a treaty that would outlaw the production, use, 
        and sale of antipersonnel landmines.
          (6) On September 17, 1997, the President announced 
        that the United States would not sign the antipersonnel 
        landmine treaty concluded in Oslo, Norway, by 
        participants in the Ottawa process because the treaty 
        would not provide a geographic exception to allow the 
        United States to stockpile and use antipersonnel 
        landmines in Korea or an exemption that would preserve 
        the ability of the United States to use mixed antitank 
        mine systems which could be used to deter an armored 
        assault against United States forces.
          (7) The President also announced a change in United 
        States policy whereby the United States--
                  (A) would no longer deploy antipersonnel 
                landmines, including self-destructing 
                antipersonnel landmines, by 2003, except in 
                Korea;
                  (B) would seek to field alternatives by that 
                date, or by 2006 in the case of Korea;
                  (C) would undertake a new initiative in the 
                United Nations Conference on Disarmament to 
                establish a global ban on the transfer of 
                antipersonnel landmines; and
                  (D) would increase its current humanitarian 
                demining activities around the world.
          (8) The President's decision would allow the 
        continued use by United States forces of self-
        destructing antipersonnel landmines that are used as 
        part of a mixed antitank mine system.
          (9) Under existing law (as provided in section 580 of 
        Public Law 104-107; 110 Stat. 751), on February 12, 
        1999, the United States will implement a one-year 
        moratorium on the use of antipersonnel landmines by 
        United States forces except along internationally 
        recognized national borders or in demilitarized zones 
        within a perimeter marked area that is monitored by 
        military personnel and protected by adequate means to 
        ensure the exclusion of civilians.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States should not implement a 
        moratorium on the use of antipersonnel landmines by 
        United States Armed Forces in a manner that would 
        endanger United States personnel or undermine the 
        military effectiveness of United States Armed Forces in 
        executing their missions; and
          (2) the United States should pursue the development 
        of alternatives to self-destructing antipersonnel 
        landmines.
    (c) Annual Report.--Not later than December 31 each year, 
the Secretary of Defense shall submit to the congressional 
defense committees a report concerning antipersonnel landmines. 
Each such report shall include the Secretary's description of 
the following:
          (1) The military utility of the continued deployment 
        and use by the United States of antipersonnel 
        landmines.
          (2) The effect of a moratorium on the production, 
        stockpiling, and use of antipersonnel landmines on the 
        ability of United States forces to deter and defend 
        against attack on land by hostile forces, including on 
        the Korean peninsula.
          (3) Progress in developing and fielding systems that 
        are effective substitutes for antipersonnel landmines, 
        including an identification and description of the 
        types of systems that are being developed and fielded, 
        the costs associated with those systems, and the 
        estimated timetable for developing and fielding those 
        systems.
          (4) The effect of a moratorium on the use of 
        antipersonnel landmines on the military effectiveness 
        of current antitank mine systems.
          (5) The number and type of pure antipersonnel 
        landmines that remain in the United States inventory 
        and that are subject to elimination under the 
        President's September 17, 1997, declaration on United 
        States antipersonnel landmine policy.
          (6) The number and type of mixed antitank mine 
        systems that are in the United States inventory, the 
        locations where they are deployed, and their effect on 
        the deterrence and warfighting ability of United States 
        Armed Forces.
          (7) The effect of the elimination of pure 
        antipersonnel landmines on the warfighting 
        effectiveness of the United States Armed Forces.
          (8) The costs already incurred and anticipated of 
        eliminating antipersonnel landmines from the United 
        States inventory in accordance with the policy 
        enunciated by the President on September 17, 1997.
          (9) The benefits that would result to United States 
        military and civilian personnel from an international 
        treaty banning the production, use, transfer, and 
        stockpiling of antipersonnel landmines.
          * * * * * * *
       e. National Defense Authorization Act for Fiscal Year 1997

Partial text of Public Law 104-201 [National Defense Authorization Act 
 for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September 
23, 1996; amended by Public Law 105-85 [National Defense Authorization 
Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 
                                18, 1997

 AN ACT To authorize appropriations for fiscal year 1997 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

              TITLE XIII--ARMS CONTROL AND RELATED MATTERS

          * * * * * * *

Subtitle A--Arms Control, Counterproliferation Activities, and Related 
                                Matters

SEC. 1301. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.

    (a) One-Year Extension of Authority.--Section 1505 of the 
Weapons of Mass Destruction Control Act of 1992 (title XV of 
Public Law 102-484; 22 U.S.C. 5859a) is amended--* * *
    (b) * * *

SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC 
                    NUCLEAR DELIVERY SYSTEMS.

    (a) Funding Limitation.--Funds available to the Department 
of Defense may not be obligated or expended during fiscal year 
1997 for retiring or dismantling, or for preparing to retire or 
dismantle, any of the following strategic nuclear delivery 
systems:
          (1) B-52H bomber aircraft.
          (2) Trident ballistic missile submarines.
          (3) Minuteman III intercontinental ballistic 
        missiles.
          (4) Peacekeeper intercontinental ballistic missiles.
    (b) Waiver Authority.--If the START II Treaty enters into 
force during fiscal year 1996 or fiscal year 1997, the 
Secretary of Defense may waive the application of the 
limitation under paragraphs (2), (3), and (4) of subsection (a) 
to Trident ballistic missile submarines, Minuteman III 
intercontinental ballistic missiles, and Peacekeeper 
intercontinental ballistic missiles, respectively, to the 
extent that the Secretary determines necessary in order to 
implement the treaty.
    (c) Funding Limitation on Early Deactivation.--(1) If the 
limitation under paragraphs (2), (3), and (4) of subsection (a) 
ceases to apply by reason of a waiver under subsection (b), 
funds available to the Department of Defense may nevertheless 
not be obligated or expended during fiscal year 1997 to 
implement any agreement or understanding to undertake 
substantial early deactivation of a strategic nuclear delivery 
system specified in subsection (b) until 30 days after the date 
on which the President submits to Congress a report concerning 
such actions.
    (2) For purposes of this subsection, a substantial early 
deactivation is an action during fiscal year 1997 to deactivate 
a substantial number of strategic nuclear delivery systems 
specified in subsection (b) by--
          (A) removing nuclear warheads from those systems; or
          (B) taking other steps to remove those systems from 
        combat status.
    (3) A report under this subsection shall include the 
following:
          (A) The text of any understanding or agreement 
        between the United States and the Russian Federation 
        concerning substantial early deactivation of strategic 
        nuclear delivery systems under the START II Treaty.
          (B) The plan of the Department of Defense for 
        implementing the agreement.
          (C) An assessment of the Secretary of Defense of the 
        adequacy of the provisions contained in the agreement 
        for monitoring and verifying compliance of Russia with 
        the terms of the agreement.
          (D) A determination by the President as to whether 
        the deactivations to occur under the agreement will be 
        carried out in a symmetrical, reciprocal, or equivalent 
        manner.
          (E) An assessment by the President of the effect of 
        the proposed early deactivation on the stability of the 
        strategic balance and relative strategic nuclear 
        capabilities of the United States and the Russian 
        Federation at various stages during deactivation and 
        upon completion.
    (d) START II Treaty Defined.--For purposes of this section, 
the term ``START II Treaty'' means the Treaty Between the 
United States of America and the Russian Federation on Further 
Reduction and Limitation of Strategic Offensive Arms, signed at 
Moscow on January 3, 1993, including the following protocols 
and memorandum of understanding, all such documents being 
integral parts of and collectively referred to as the ``START 
II Treaty'' (contained in Treaty Document 103-1):
          (1) The Protocol on Procedures Governing Elimination 
        of Heavy ICBMs and on Procedures Governing Conversion 
        of Silo Launchers of Heavy ICBMs Relating to the Treaty 
        Between the United States of America and the Russian 
        Federation on Further Reduction and Limitation of 
        Strategic Offensive Arms (also known as the 
        ``Elimination and Conversion Protocol'').
          (2) The Protocol on Exhibitions and Inspections of 
        Heavy Bombers Relating to the Treaty Between the United 
        States and the Russian Federation on Further Reduction 
        and Limitation of Strategic Offensive Arms (also known 
        as the ``Exhibitions and Inspections Protocol'').
          (3) The Memorandum of Understanding on Warhead 
        Attribution and Heavy Bomber Data Relating to the 
        Treaty Between the United States of America and the 
        Russian Federation on Further Reduction and Limitation 
        of Strategic Offensive Arms (also known as the 
        ``Memorandum on Attribution'').
    (e) Retention of B-52H Aircraft on Active Status.--(1) The 
Secretary of the Air Force shall maintain in active status 
(including the performance of standard maintenance and 
upgrades) the current fleet of B-52H bomber aircraft.
    (2) For purposes of carrying out upgrades of B-52H bomber 
aircraft during fiscal year 1997, the Secretary shall treat the 
entire current fleet of such aircraft as aircraft expected to 
be maintained in active status during the six-year period 
beginning on October 1, 1996.

SEC. 1303. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR 
                    PROLIFERATION ACTIVITIES.

    (a) Sanctions.--Section 2(b)(4) of the Export-Import Bank 
Act of 1945 (12 U.S.C. 635(b)(4)) is amended to read as 
follows: \1\
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    \1\ For full text of Export-Import Bank Act of 1945, see 
Legislation on Foreign Relations Through 2000, vol. III.
---------------------------------------------------------------------------
          ``(4)(A) If the Secretary of State determines that--
                  ``(i) any country that has agreed to 
                International Atomic Energy Agency nuclear 
                safeguards materially violates, abrogates, or 
                terminates, after October 26, 1977, such 
                safeguards;
                  ``(ii) any country that has entered into an 
                agreement for cooperation concerning the civil 
                use of nuclear energy with the United States 
                materially violates, abrogates, or terminates, 
                after October 26, 1977, any guarantee or other 
                undertaking to the United States made in such 
                agreement;
                  ``(iii) any country that is not a nuclear-
                weapon state detonates, after October 26, 1977, 
                a nuclear explosive device;
                  ``(iv) any country willfully aids or abets, 
                after June 29, 1994, any non-nuclear-weapon 
                state to acquire any such nuclear explosive 
                device or to acquire unsafeguarded special 
                nuclear material; or
                  ``(v) any person knowingly aids or abets, 
                after the date of enactment of the National 
                Defense Authorization Act for Fiscal Year 1997, 
                any non-nuclear-weapon state to acquire any 
                such nuclear explosive device or to acquire 
                unsafeguarded special nuclear material,
        then the Secretary of State shall submit a report to 
        the appropriate committees of the Congress and to the 
        Board of Directors of the Bank stating such 
        determination and identifying each country or person 
        the Secretary determines has so acted.
          ``(B)(i) If the Secretary of State makes a 
        determination under subparagraph (A)(v) with respect to 
        a foreign person, the Congress urges the Secretary to 
        initiate consultations immediately with the government 
        with primary jurisdiction over that person with respect 
        to the imposition of the prohibition contained in 
        subparagraph (C).
          ``(ii) In order that consultations with that 
        government may be pursued, the Board of Directors of 
        the Bank shall delay imposition of the prohibition 
        contained in subparagraph (C) for up to 90 days if the 
        Secretary of State requests the Board to make such 
        delay. Following these consultations, the prohibition 
        contained in subparagraph (C) shall apply immediately 
        unless the Secretary determines and certifies to the 
        Congress that that government has taken specific and 
        effective actions, including appropriate penalties, to 
        terminate the involvement of the foreign person in the 
        activities described in subparagraph (A)(v). The Board 
        of Directors of the Bank shall delay the imposition of 
        the prohibition contained in subparagraph (C) for up to 
        an additional 90 days if the Secretary requests the 
        Board to make such additional delay and if the 
        Secretary determines and certifies to the Congress that 
        that government is in the process of taking the actions 
        described in the preceding sentence.
          ``(iii) Not later than 90 days after making a 
        determination under subparagraph (A)(v), the Secretary 
        of State shall submit to the appropriate committees of 
        the Congress a report on the status of consultations 
        with the appropriate government under this 
        subparagraph, and the basis for any determination under 
        clause (ii) that such government has taken specific 
        corrective actions.
          ``(C) The Board of Directors of the Bank shall not 
        give approval to guarantee, insure, or extend credit, 
        or participate in the extension of credit in support of 
        United States exports to any country, or to or by any 
        person, identified in the report described in 
        subparagraph (A).
          ``(D) The prohibition in subparagraph (C) shall not 
        apply to approvals to guarantee, insure, or extend 
        credit, or participate in the extension of credit in 
        support of United States exports to a country with 
        respect to which a determination is made under clause 
        (i), (ii), (iii), or (iv) of subparagraph (A) regarding 
        any specific event described in such clause if the 
        President determines and certifies in writing to the 
        Congress not less than 45 days prior to the date of the 
        first approval following the determination that it is 
        in the national interest for the Bank to give such 
        approvals.
          ``(E) The prohibition in subparagraph (C) shall not 
        apply to approvals to guarantee, insure, or extend 
        credit, or participate in the extension of credit in 
        support of United States exports to or by a person with 
        respect to whom a determination is made under clause 
        (v) of subparagraph (A) regarding any specific event 
        described in such clause if--
                  ``(i) the Secretary of State determines and 
                certifies to the Congress that the appropriate 
                government has taken the corrective actions 
                described in subparagraph (B)(ii); or
                  ``(ii) the President determines and certifies 
                in writing to the Congress not less than 45 
                days prior to the date of the first approval 
                following the determination that--
                          ``(I) reliable information indicates 
                        that--
                                  ``(aa) such person has ceased 
                                to aid or abet any non-nuclear-
                                weapon state to acquire any 
                                nuclear explosive device or to 
                                acquire unsafeguarded special 
                                nuclear material; and
                                  ``(bb) steps have been taken 
                                to ensure that the activities 
                                described in item (aa) will not 
                                resume; or
                          ``(II) the prohibition would have a 
                        serious adverse effect on vital United 
                        States interests.
          ``(F) For purposes of this paragraph:
                  ``(i) The term `country' has the meaning 
                given to `foreign state' in section 1603(a) of 
                title 28, United States Code.
                  ``(ii) The term `knowingly' is used within 
                the meaning of the term `knowing' in section 
                104(h)(3) of the Foreign Corrupt Practices Act 
                (15 U.S.C. 78dd-2(h)(3)).
                  ``(iii) The term `person' means a natural 
                person as well as a corporation, business 
                association, partnership, society, trust, any 
                other nongovernmental entity, organization, or 
                group, and any governmental entity operating as 
                a business enterprise, and any successor of any 
                such entity.
                  ``(iv) The term `nuclear-weapon state' has 
                the meaning given the term in Article IX(3) of 
                the Treaty on the Non-Proliferation of Nuclear 
                Weapons, signed at Washington, London, and 
                Moscow on July 1, 1968.
                  ``(v) The term `non-nuclear-weapon state' has 
                the meaning given the term in section 830(5) of 
                the Nuclear Proliferation Prevention Act of 
                1994 (Public Law 103-236; 108 Stat. 521).
                  ``(vi) The term `nuclear explosive device' 
                has the meaning given the term in section 
                830(4) of the Nuclear Proliferation Prevention 
                Act of 1994 (Public Law 103-236; 108 Stat. 
                521).
                  ``(vii) The term `unsafeguarded special 
                nuclear material' has the meaning given the 
                term in section 830(8) of the Nuclear 
                Proliferation Prevention Act of 1994.''.
    (b) Recommendations To Make Nonproliferation Laws More 
Effective.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the 
Congress his recommendations on ways to make the laws of the 
United States more effective in controlling and preventing the 
proliferation of weapons of mass destruction and missiles. The 
report shall identify all sources of Government funds used for 
such nonproliferation activities.

SEC. 1304. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN 
                    AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.

    (a) Authority To Pay Expenses.--Section 401(c) of title 10, 
United States Code, is amended--* * * \2\
---------------------------------------------------------------------------
    \2\ For 10 U.S.C. 401, see Legislation on Foreign Relations Through 
2001, vol. I-B.
---------------------------------------------------------------------------
    (b) * * *

SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S REPUBLIC OF 
                    CHINA.

    (a) Report.--The Secretary of Defense shall prepare a 
report, in both classified and unclassified form, on the future 
pattern of military modernization of the People's Republic of 
China. The report shall address both the probable course of 
military-technological development in the People's Liberation 
Army and the development of Chinese military strategy and 
operational concepts.
    (b) Matters To Be Included.--The report shall include 
analyses and forecasts of the following:
          (1) Trends that would lead the People's Republic of 
        China toward advanced intelligence, surveillance, and 
        reconnaissance capabilities, either through a 
        development program or by gaining access to commercial 
        or third-party systems with militarily significant 
        capabilities.
          (2) Efforts by the People's Republic of China to 
        develop highly accurate and low-observable ballistic 
        and cruise missiles, and the investments in 
        infrastructure that would allow for production of such 
        weapons in militarily significant quantities, 
        particularly in numbers sufficient to conduct attacks 
        capable of overwhelming projected defense capabilities 
        in the region.
          (3) Development by the People's Republic of China of 
        enhanced command and control networks, particularly 
        those capable of battle management that would include 
        long-range precision strikes.
          (4) Programs of the People's Republic of China 
        involving unmanned aerial vehicles, particularly those 
        with extended ranges or loitering times.
          (5) Exploitation by the People's Republic of China of 
        the Global Positioning System or other similar systems, 
        including commercial land surveillance satellites, for 
        significant military purposes, including particularly 
        for increasing the accuracy of weapons or the 
        situational awareness of operating forces.
          (6) Development by the People's Republic of China of 
        capabilities for denial of sea control, such as 
        advanced sea mines or improved submarine capabilities.
          (7) Continued development by the People's Republic of 
        China of follow-on forces, particularly those capable 
        of rapid air or amphibious assault.
    (c) Submission of Report.--The report shall be submitted to 
Congress not later than February 1, 1997.

SEC. 1306. PRESIDENTIAL REPORT REGARDING WEAPONS PROLIFERATION AND 
                    POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Findings.--The Congress finds that--
          (1) the People's Republic of China acceded to the 
        Treaty on the Non-Proliferation of Nuclear Weapons 
        (hereafter in this section referred to as the ``NPT'') 
        on March 9, 1992;
          (2) the People's Republic of China is not a member of 
        the Nuclear Suppliers Group and remains the only major 
        nuclear supplier that continues to transfer nuclear 
        technology, equipment, and materials to countries that 
        have not agreed to the application of safeguards of the 
        International Atomic Energy Agency (hereafter in this 
        section referred to as the ``IAEA'') over all of their 
        nuclear materials;
          (3) on June 30, 1995, the United States and 29 other 
        members of the Nuclear Suppliers Group notified the 
        Director General of the IAEA that the Government of 
        each respective country has decided that the controls 
        of that Group should not be defeated by the transfer of 
        component parts;
          (4) a state-owned entity in the People's Republic of 
        China, the China Nuclear Energy Industry Corporation, 
        has knowingly transferred specially designed ring 
        magnets to an unsafeguarded uranium enrichment facility 
        in the Islamic Republic of Pakistan;
          (5) ring magnets are identified on the Trigger List 
        of the Nuclear Suppliers Group as a component of 
        magnetic suspension bearings which are to be exported 
        only to countries that have safeguards of the IAEA over 
        all of their nuclear materials;
          (6) these ring magnets could contribute significantly 
        to the ability of the Islamic Republic of Pakistan to 
        produce additional unsafeguarded enriched uranium, a 
        nuclear explosive material;
          (7) the Government of the People's Republic of China 
        has transferred nuclear equipment and technology to the 
        Islamic Republic of Iran, despite repeated claims by 
        the Government of the United States that the Islamic 
        Republic of Iran is engaged in clandestine efforts to 
        acquire a nuclear explosive device;
          (8) representatives of the Government of the People's 
        Republic of China have repeatedly assured the 
        Government of the United States that the People's 
        Republic of China would abide by the guidelines of the 
        Missile Technology Control Regime (hereafter in this 
        section referred to as the ``MTCR'');
          (9) the Government of China has transferred M-11 
        missiles to the Islamic Republic of Pakistan; and
          (10) the M-11 missile conforms to the definition of a 
        nuclear-capable missile under the MTCR.
    (b) Sense of the Congress.--It is the sense of the Congress 
that--
          (1) the assistance that the People's Republic of 
        China has provided to the Islamic Republic of Iran and 
        to the Islamic Republic of Pakistan could contribute to 
        the ability of such countries to manufacture nuclear 
        weapons;
          (2) the recent transfer by the People's Republic of 
        China of ring magnets to an unsafeguarded uranium 
        enrichment facility in the Islamic Republic of Pakistan 
        conflicts with China's obligations under Articles I and 
        III of the NPT, as well as the official 
        nonproliferation policies and assurances by the 
        People's Republic of China and the Islamic Republic of 
        Pakistan with respect to the nonproliferation of 
        nuclear weapons and nuclear-capable missiles;
          (3) the transfer of M-11 missiles from the People's 
        Republic of China to the Islamic Republic of Pakistan 
        is inconsistent with longstanding United States 
        Government interpretations of assurances from the 
        Government of the People's Republic of China with 
        respect to that country's intent to abide by the 
        guidelines of the MTCR;
          (4) violations by the People's Republic of China of 
        the standards and objectives of the MTCR and global 
        nuclear nonproliferation regimes have jeopardized the 
        credibility of the MTCR and such regimes;
          (5) the MTCR and global nuclear nonproliferation 
        regimes require collective international action to 
        impose costs against and to withhold benefits from any 
        country, including the People's Republic of China, that 
        engages in activities that are contrary to the 
        objectives of those regimes;
          (6) the President should explore with the governments 
        of other countries new opportunities for collective 
        action in response to activities of any country, 
        including the People's Republic of China, that aid or 
        abet the global proliferation of weapons of mass 
        destruction or their means of delivery; and
          (7) the President should communicate to the 
        Government of the People's Republic of China the sense 
        of the Congress that the stability and growth of future 
        relations between the people, the economies, and the 
        Governments of the United States and the People's 
        Republic of China will significantly depend upon 
        substantive evidence of cooperation by the Government 
        of the People's Republic of China in efforts to halt 
        the global proliferation of weapons of mass destruction 
        and their means of delivery.
    (c) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to the 
Congress a report, in both classified and unclassified form, 
concerning the transfer from the People's Republic of China to 
the Islamic Republic of Pakistan of technology, equipment, or 
materials important to the production of nuclear weapons and 
their means of delivery. The President shall include in the 
report the following:
          (1) The specific justification of the Secretary of 
        State for determining that there was not a sufficient 
        basis for imposing sanctions under section 2(b)(4) of 
        the Export-Import Bank Act of 1945, as amended by 
        section 825 of the Nuclear Proliferation Prevention Act 
        of 1994, by reason of the transfer of ring magnets and 
        other technology, equipment, or materials from the 
        People's Republic of China to the Islamic Republic of 
        Pakistan.
          (2) What commitment the United States Government is 
        seeking from the People's Republic of China to ensure 
        that the People's Republic of China establishes a fully 
        effective export control system that will prevent 
        transfers (such as the Pakistan sale) from taking place 
        in the future.
          (3) A description of the pledges, assurances, and 
        other commitments made by representatives of the 
        Governments of the People's Republic of China and the 
        Islamic Republic of Pakistan to the Government of the 
        United States since January 1, 1991, with respect to 
        the nonproliferation of nuclear weapons or nuclear-
        capable missiles, and an assessment of the record of 
        compliance with such undertakings.
          (4) Whether, in light of the recent assurances 
        provided by the People's Republic of China, the 
        President intends to make the certification and submit 
        the report required by section 902(a)(6)(B) of the 
        Foreign Relations Authorization Act, Fiscal Years 1990 
        and 1991 (22 U.S.C. 2151 note), and make the 
        certification and submit the report required by Public 
        Law 99-183, relating to the approval and implementation 
        of the agreement for nuclear cooperation between the 
        United States and the People's Republic of China, and, 
        if not, why not.
          (5) Whether the Secretary of State considers the 
        recent assurances and clarifications provided by the 
        People's Republic of China to have provided sufficient 
        information to allow the United States to determine 
        that the People's Republic of China is not in violation 
        of paragraph (2) of section 129 of the Atomic Energy 
        Act of 1954, as required by Public Law 99-183.
          (6) If the President is unable or unwilling to make 
        the certifications and reports referred to in paragraph 
        (4), a description of what the President considers to 
        be the significance of the clarifications and 
        assurances provided by the People's Republic of China 
        in the course of the recent discussions regarding the 
        transfer by the People's Republic of China of nuclear-
        weapon-related equipment to the Islamic Republic of 
        Pakistan.
          (7) A description of the laws, regulations, and 
        procedures currently used by the People's Republic of 
        China to regulate exports of nuclear technology, 
        equipment, or materials, including dual-use goods, and 
        an assessment of the effectiveness of such 
        arrangements.
          (8) A description of the current policies and 
        practices of other countries in response to the 
        transfer of nuclear and missile technology by the 
        People's Republic of China to the Islamic Republic of 
        Pakistan and the Islamic Republic of Iran.

SEC. 1307. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT DEFENSE 
                    CONVERSION COMMISSION.

    None of the funds appropriated or otherwise available for 
the Department of Defense for fiscal year 1997 or any prior 
fiscal year may be obligated or expended for any activity 
associated with the United States-People's Republic of China 
Joint Defense Conversion Commission until 15 days after the 
date on which the first semiannual report required by section 
1343 of the National Defense Authorization Act for Fiscal Year 
1996 (Public Law 104-106; 110 Stat. 487) is received by 
Congress.

SEC. 1308. SENSE OF CONGRESS CONCERNING EXPORT CONTROLS.

    (a) Findings.--The Congress makes the following findings:
          (1) Export controls are a part of a comprehensive 
        response to national security threats. The export of a 
        United States commodity or technology should be 
        restricted in cases in which the export of the 
        commodity or technology would increase the threat to 
        the national security of the United States or would be 
        contrary to the nonproliferation goals or foreign 
        policy interests of the United States.
          (2) The export of certain commodities and technology 
        may adversely affect the national security and foreign 
        policy of the United States by making a significant 
        contribution to the military potential of countries or 
        by enhancing the capability of countries to design, 
        develop, test, produce, stockpile, or use weapons of 
        mass destruction and missile delivery systems, and 
        other significant military capabilities. Therefore, the 
        administration of export controls should emphasize the 
        control of these exports.
          (3) The acquisition of sensitive commodities and 
        technologies by those countries and end users whose 
        actions or policies run counter to United States 
        national security or foreign policy interests may 
        enhance the military capabilities of those countries, 
        particularly their ability to design, develop, test, 
        produce, stockpile, use, and deliver nuclear, chemical, 
        and biological weapons and missile delivery systems, 
        and other significant military capabilities. This 
        enhancement threatens the security of the United States 
        and its allies. The availability to countries and end 
        users of items that contribute to military capabilities 
        or the proliferation of weapons of mass destruction is 
        a fundamental concern of the United States and should 
        be eliminated through deterrence, negotiations, and 
        other appropriate means whenever possible.
          (4) The national security of the United States 
        depends not only on wise foreign policies and a strong 
        defense, but also a vibrant national economy. To be 
        truly effective, export controls should be applied 
        uniformly by all suppliers.
          (5) On November 8, 1995, the President continued the 
        national emergency declared in Executive Order No. 
        12938 of November 14, 1994, ``with respect to the 
        unusual and extraordinary threat to the national 
        security, foreign policy, and economy of the United 
        States posed by the proliferation of nuclear, 
        biological, and chemical weapons and the means of 
        delivering such weapons''.
          (6) A successor regime to COCOM (the Coordinating 
        Committee for Multilateral Export Controls) has not 
        been established. Currently, each nation is determining 
        independently which dual-use military items, if any, 
        will be controlled for export.
          (7) The United States should play a leading role in 
        promoting transparency and responsibility with regard 
        to the transfers of sensitive dual-use goods and 
        technologies.
    (b) Sense of Congress.--It is the sense of the Congress 
that--
          (1) establishing an international export control 
        regime, empowered to control exports of dual-use 
        technology, is critically important and should be a top 
        priority for the United States; and
          (2) the United States should strongly encourage its 
        allies and other friendly countries to--
                  (A) adopt export controls that are the same 
                or similar to the export controls imposed by 
                the United States on items on the Commerce 
                Control List;
                  (B) strengthen enforcement of their export 
                controls; and
                  (C) explore the use of unilateral export 
                controls where the possibility exists that an 
                export could contribute to the enhancement of 
                military capabilities or proliferation 
                described in paragraphs (3) and (5) of 
                subsection (a).

SEC. 1309. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

    (a) Composition of the Committee.--Subsection (a) of 
section 1605 of the National Defense Authorization Act for 
Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by adding at 
the end the following new paragraph: * * *
    (b) * * *
    (c) * * *
    (d) Reports on Counterproliferation Activities and 
Programs.--Section 1503 of the National Defense Authorization 
Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended--* * 
*

SEC. 1310. SENSE OF CONGRESS CONCERNING ASSISTING OTHER COUNTRIES TO 
                    IMPROVE SECURITY OF FISSILE MATERIAL.

    (a) Findings.--Congress finds the following:
          (1) With the end of the Cold War, the world is faced 
        with the need to manage the dismantling of vast numbers 
        of nuclear weapons and the disposition of the fissile 
        materials that they contain.
          (2) If recently agreed reductions in nuclear weapons 
        are fully implemented, tens of thousands of nuclear 
        weapons, containing a hundred tons or more of plutonium 
        and many hundreds of tons of highly enriched uranium, 
        will no longer be needed for military purposes.
          (3) Plutonium and highly enriched uranium are the 
        essential ingredients of nuclear weapons.
          (4) Limits on access to plutonium and highly enriched 
        uranium are the primary technical barrier to acquiring 
        nuclear weapons capability in the world today.
          (5) Several kilograms of plutonium, or several times 
        that amount of highly enriched uranium, are sufficient 
        to make a nuclear weapon.
          (6) Plutonium and highly enriched uranium will 
        continue to pose a potential threat for as long as they 
        exist.
          (7) Action is required to secure and account for 
        plutonium and highly enriched uranium.
          (8) It is in the national interest of the United 
        States to--
                  (A) minimize the risk that fissile materials 
                could be obtained by unauthorized parties;
                  (B) minimize the risk that fissile materials 
                could be reintroduced into the arsenals from 
                which they came, halting or reversing the arms 
                reduction process; and
                  (C) strengthen the national and international 
                control mechanisms and incentives designed to 
                ensure continued arms reductions and prevent 
                the spread of nuclear weapons.
    (b) Sense of Congress.--In light of the findings contained 
in subsection (a), it is the sense of Congress that the United 
States has a national security interest in assisting other 
countries to improve the security of their stocks of fissile 
material.

SEC. 1311. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF NATIONAL 
                    INTELLIGENCE ESTIMATE 95-19.

    (a) Review.--The Director of Central Intelligence shall 
conduct a review of the underlying assumptions and conclusions 
of the National Intelligence Estimate designated as NIE 95-19 
and entitled ``Emerging Missile Threats to North America During 
the Next 15 Years'', released by the Director in November 1995.
    (b) Methodology for Review.--The Director shall carry out 
the review under subsection (a) through a panel of independent, 
nongovernmental individuals with appropriate expertise and 
experience. Such a panel shall be convened by the Director not 
later than 45 days after the date of the enactment of this Act.
    (c) Report.--The Director shall submit the findings 
resulting from the review under subsection (a), together with 
any comments of the Director on the review and the findings, to 
Congress not later than three months after the appointment of 
the Commission under section 1321.

 Subtitle B--Commission To Assess the Ballistic Missile Threat to the 
                             United States

SEC. 1321. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is hereby established a 
commission to be known as the ``Commission To Assess the 
Ballistic Missile Threat to the United States'' (hereafter in 
this subtitle referred to as the ``Commission'').
    (b) Composition.--The Commission shall be composed of nine 
members appointed by the Director of Central Intelligence. In 
selecting individuals for appointment to the Commission, the 
Director should consult with--
          (1) the Speaker of the House of Representatives 
        concerning the appointment of three of the members of 
        the Commission;
          (2) the majority leader of the Senate concerning the 
        appointment of three of the members of the Commission; 
        and
          (3) the minority leader of the House of 
        Representatives and the minority leader of the Senate 
        concerning the appointment of three of the members of 
        the Commission.
    (c) Qualifications.--Members of the Commission shall be 
appointed from among private United States citizens with 
knowledge and expertise in the political and military aspects 
of proliferation of ballistic missiles and the ballistic 
missile threat to the United States.
    (d) Chairman.--The Speaker of the House of Representatives, 
after consultation with the majority leader of the Senate and 
the minority leaders of the House of Representatives and the 
Senate, shall designate one of the members of the Commission to 
serve as chairman of the Commission.
    (e) Period of Appointment; Vacancies.--Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall be filled in the same manner as the original 
appointment.
    (f) Security Clearances.--All members of the Commission 
shall hold appropriate security clearances.
    (g) Initial Organization Requirements.--(1) All 
appointments to the Commission shall be made not later than 30 
days after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 1998.\3\
---------------------------------------------------------------------------
    \3\ Sec. 1306(a)(1) of Public Law 105-85 (111 Stat. 1955) struck 
out ``not later than 45 days after the date of the enactment of this 
Act'' and inserted in lieu thereof ``not later than 30 days after the 
date of the enactment of the National Defense Authorization Act for 
Fiscal Year 1998''.
---------------------------------------------------------------------------
    (2) The Commission shall convene its first meeting not 
later than 60 days \4\ after the date as of which all members 
of the Commission have been appointed.\5\
---------------------------------------------------------------------------
    \4\ Sec. 1306(a)(2)(A) of Public Law 105-85 (111 Stat. 1955) struck 
out ``30 days'' and inserted in lieu thereof ``60 days''.
    \5\ Sec. 1306(a)(2)(B) of Public Law 105-85 (111 Stat. 1955) struck 
out ``, but not earlier than October 15, 1996''.
---------------------------------------------------------------------------

SEC. 1322. DUTIES OF COMMISSION.

    (a) Review of Ballistic Missile Threat.--The Commission 
shall assess the nature and magnitude of the existing and 
emerging ballistic missile threat to the United States.
    (b) Cooperation From Government Officials.--In carrying out 
its duties, the Commission should receive the full and timely 
cooperation of the Secretary of Defense, the Director of 
Central Intelligence, and any other United States Government 
official responsible for providing the Commission with 
analyses, briefings, and other information necessary for the 
fulfillment of its responsibilities.

SEC. 1323. REPORT.

    The Commission shall, not later than six months after the 
date of its first meeting, submit to the Congress a report on 
its findings and conclusions.

SEC. 1324. POWERS.

    (a) Hearings.--The Commission or, at its direction, any 
panel or member of the Commission, may, for the purpose of 
carrying out the provisions of this subtitle, hold hearings, 
sit and act at times and places, take testimony, receive 
evidence, and administer oaths to the extent that the 
Commission or any panel or member considers advisable.
    (b) Information.--The Commission may secure directly from 
the Department of Defense, the Central Intelligence Agency, and 
any other Federal department or agency information that the 
Commission considers necessary to enable the Commission to 
carry out its responsibilities under this subtitle.

SEC. 1325. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the 
Chairman.
    (b) Quorum.--(1) Five members of the Commission shall 
constitute a quorum other than for the purpose of holding 
hearings.
    (2) The Commission shall act by resolution agreed to by a 
majority of the members of the Commission.
    (c) Commission.--The Commission may establish panels 
composed of less than full membership of the Commission for the 
purpose of carrying out the Commission's duties. The actions of 
each such panel shall be subject to the review and control of 
the Commission. Any findings and determinations made by such a 
panel shall not be considered the findings and determinations 
of the Commission unless approved by the Commission.
    (d) Authority of Individuals To Act for Commission.--Any 
member or agent of the Commission may, if authorized by the 
Commission, take any action which the Commission is authorized 
to take under this subtitle.

SEC. 1326. PERSONNEL MATTERS.

    (a) Pay of Members.--Members of the Commission shall serve 
without pay by reason of their work on the Commission.
    (b) Travel Expenses.--The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of business 
in the performance of services for the Commission.
    (c) Staff.--(1) The chairman of the Commission may, without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, appoint a 
staff director and such additional personnel as may be 
necessary to enable the Commission to perform its duties. The 
appointment of a staff director shall be subject to the 
approval of the Commission.
    (2) The chairman of the Commission may fix the pay of the 
staff director and other personnel without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of 
title 5, United States Code, relating to classification of 
positions and General Schedule pay rates, except that the rate 
of pay fixed under this paragraph for the staff director may 
not exceed the rate payable for level V of the Executive 
Schedule under section 5316 of such title and the rate of pay 
for other personnel may not exceed the maximum rate payable for 
grade GS-15 of the General Schedule.
    (d) Detail of Government Employees.--Upon request of the 
chairman of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel 
of that department or agency to the Commission to assist it in 
carrying out its duties.
    (e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the 
daily equivalent of the annual rate of basic pay payable for 
level V of the Executive Schedule under section 5316 of such 
title.

SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

    (a) Postal and Printing Services.--The Commission may use 
the United States mails and obtain printing and binding 
services in the same manner and under the same conditions as 
other departments and agencies of the Federal Government.
    (b) Miscellaneous Administrative and Support Services.--The 
Director of Central Intelligence shall furnish the Commission, 
on a reimbursable basis, any administrative and support 
services requested by the Commission.

SEC. 1328. FUNDING.

    Funds for activities of the Commission shall be provided 
from amounts appropriated for the Department of Defense for 
operation and maintenance for Defense-wide activities for 
fiscal year 1997 and fiscal year 1998.\6\ Upon receipt of a 
written certification from the Chairman of the Commission 
specifying the funds required for the activities of the 
Commission, the Secretary of Defense shall promptly disburse to 
the Commission, from such amounts, the funds required by the 
Commission as stated in such certification.
---------------------------------------------------------------------------
    \6\ Sec. 1306(b) of Public Law 105-85 (111 Stat. 1955) inserted 
``and fiscal year 1998'' after ``fiscal year 1997''.
---------------------------------------------------------------------------

SEC. 1329. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 60 days after the date of 
the submission of its report under section 1323.
          * * * * * * *
       f. National Defense Authorization Act for Fiscal Year 1996

Partial text of Public Law 104-106 [National Defense Authorization Act 
 for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 10, 
                                  1996

 AN ACT To authorize appropriations for fiscal year 1995 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                    TITLE XIV--ARMS CONTROL MATTERS

SEC. 1401. REVISION OF DEFINITION OF LANDMINE FOR PURPOSES OF LANDMINE 
                    EXPORT MORATORIUM.

    Section 1423(d) of the National Defense Authorization Act 
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) is 
amended--* * * \1\
---------------------------------------------------------------------------
    \1\ For amended text, see Legislation on Foreign Relations Through 
2001, vol. I-B.
---------------------------------------------------------------------------

SEC. 1402. REPORTS ON MORATORIUM ON USE BY ARMED FORCES OF 
                    ANTIPERSONNEL LANDMINES.

    Not later than April 30 of each of 1996, 1997, and 1998, 
the Chairman of the Joint Chiefs of Staff shall submit to the 
congressional defense committees a report on the projected 
effects of a moratorium on the defensive use of antipersonnel 
mines and antitank mines by the Armed Forces. The report shall 
include a discussion of the following matters:
          (1) The extent to which current doctrine and 
        practices of the Armed Forces on the defensive use of 
        antipersonnel mines and antitank mines adhere to 
        applicable international law.
          (2) The effects that a moratorium would have on the 
        defensive use of the current United States inventory of 
        remotely delivered, self-destructing antitank systems, 
        antipersonnel mines, and antitank mines.
          (3) The reliability of the self-destructing 
        antipersonnel mines and self-destructing antitank mines 
        of the United States.
          (4) The cost of clearing the antipersonnel minefields 
        currently protecting Naval Station Guantanamo Bay, 
        Cuba, and other United States installations.
          (5) The cost of replacing antipersonnel mines in such 
        minefields with substitute systems such as the Claymore 
        mine, and the level of protection that would be 
        afforded by use of such a substitute.
          (6) The extent to which the defensive use of 
        antipersonnel mines and antitank mines by the Armed 
        Forces is a source of civilian casualties around the 
        world, and the extent to which the United States, and 
        the Department of Defense particularly, contributes to 
        alleviating the illegal and indiscriminate use of such 
        munitions.
          (7) The extent to which the threat to the security of 
        United States forces during operations other than war 
        and combat operations would increase as a result of 
        such a moratorium.

SEC. 1403. EXTENSION AND AMENDMENT OF COUNTER-PROLIFERATION 
                    AUTHORITIES.

    (a) One-Year Extension of Program.--Section 1505 of the 
Weapons of Mass Destruction Control Act of 1992 (title XV of 
Public Law 102-484; 22 U.S.C. 5859a) is amended--* * *

SEC. 1404. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC 
                    NUCLEAR DELIVERY SYSTEMS.

    (a) Sense of Congress.--It is the sense of Congress that, 
unless and until the START II Treaty enters into force, the 
Secretary of Defense should not take any action to retire or 
dismantle, or to prepare to retire or dismantle, any of the 
following strategic nuclear delivery systems:
          (1) B-52H bomber aircraft.
          (2) Trident ballistic missile submarines.
          (3) Minuteman III intercontinental ballistic 
        missiles.
          (4) Peacekeeper intercontinental ballistic missiles.
    (b) Limitation on Use of Funds.--Funds available to the 
Department of Defense may not be obligated or expended during 
fiscal year 1996 for retiring or dismantling, or for preparing 
to retire or dismantle, any of the strategic nuclear delivery 
systems specified in subsection (a).

SEC. 1405. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING 
                    TREATY VIOLATIONS.

    (a) Reaffirmation of Prior Findings Concerning the 
Krasnoyarsk Radar.--Congress, noting its previous findings with 
respect to the large phased-array radar of the Soviet Union 
known as the ``Krasnoyarsk radar'' stated in paragraphs (1) 
through (4) of section 902(a) of the National Defense 
Authorization Act for Fiscal Years 1988 and 1989 (Public Law 
100-180; 101 Stat. 1135) (and reaffirmed in section 1006(a) of 
the National Defense Authorization Act for Fiscal Years 1990 
and 1991 (Public Law 101-189; 103 Stat. 1543)), hereby 
reaffirms those findings as follows:
          (1) The 1972 Anti-Ballistic Missile Treaty prohibits 
        each party from deploying ballistic missile early 
        warning radars except at locations along the periphery 
        of its national territory and oriented outward.
          (2) The 1972 Anti-Ballistic Missile Treaty prohibits 
        each party from deploying an ABM system to defend its 
        national territory and from providing a base for any 
        such nationwide defense.
          (3) Large phased-array radars were recognized during 
        negotiation of the Anti-Ballistic Missile Treaty as the 
        critical long lead-time element of a nationwide defense 
        against ballistic missiles.
          (4) In 1983 the United States discovered the 
        construction, in the interior of the Soviet Union near 
        the town of Krasnoyarsk, of a large phased-array radar 
        that has subsequently been judged to be for ballistic 
        missile early warning and tracking.
    (b) Further Reference to 1987 Congressional Statements.--
Congress further notes that in section 902 of the National 
Defense Authorization Act for Fiscal Years 1988 and 1989 
(Public Law 100-180; 101 Stat. 1135) Congress also--
          (1) noted that the President had certified that the 
        Krasnoyarsk radar was an unequivocal violation of the 
        1972 Anti-Ballistic Missile Treaty; and
          (2) stated it to be the sense of the Congress that 
        the Soviet Union was in violation of its legal 
        obligation under that treaty.
    (c) Further Reference to 1989 Congressional Statements.--
Congress further notes that in section 1006(b) of the National 
Defense Authorization Act for Fiscal Years 1990 and 1991 
(Public Law 101-189; 103 Stat. 1543) Congress also--
          (1) again noted that in 1987 the President declared 
        that radar to be a clear violation of the 1972 Anti-
        Ballistic Missile Treaty and noted that on October 23, 
        1989, the Foreign Minister of the Soviet Union conceded 
        that the Krasnoyarsk radar is a violation of the 1972 
        Anti-Ballistic Missile Treaty; and
          (2) stated it to be the sense of the Congress that 
        the Soviet Union should dismantle the Krasnoyarsk radar 
        expeditiously and without conditions and that until 
        such radar was completely dismantled it would remain a 
        clear violation of the 1972 Anti-Ballistic Missile 
        Treaty.
    (d) Additional Findings.--Congress also finds, with respect 
to the Krasnoyarsk radar, that retired Soviet General Y.V. 
Votintsev, Director of the Soviet National Air Defense Forces 
from 1967 to 1985, has publicly stated--
          (1) that he was directed by the Chief of the Soviet 
        General staff to locate the large phased-array radar at 
        Krasnoyarsk despite the recognition by Soviet 
        authorities that the location of such a radar at that 
        location would be a clear violation of the 1972 Anti-
        Ballistic Missile Treaty; and
          (2) that Marshal D.F. Ustinov, Soviet Minister of 
        Defense, threatened to relieve from duty any Soviet 
        officer who continued to object to the construction of 
        a large-phased array radar at Krasnoyarsk.
    (e) Sense of Congress Concerning Soviet Treaty 
Violations.--It is the sense of Congress that the government of 
the Soviet Union intentionally violated its legal obligations 
under the 1972 Anti-Ballistic Missile Treaty in order to 
advance its national security interests.
    (f) Sense of Congress Concerning Compliance by Russia With 
Arms Control Obligations.--In light of subsections (a) through 
(e), it is the sense of Congress that the United States should 
remain vigilant in ensuring compliance by Russia with its arms 
control obligations and should, when pursuing future arms 
control agreements with Russia, bear in mind violations of arms 
control obligations by the Soviet Union.

SEC. 1406. SENSE OF CONGRESS ON RATIFICATION OF CHEMICAL WEAPONS 
                    CONVENTION AND START II TREATY.

    (a) Findings.--Congress makes the following findings:
          (1) Proliferation of chemical or nuclear weapons 
        materials poses a danger to United States national 
        security, and the threat or use of such materials by 
        terrorists would directly threaten United States 
        citizens at home and abroad.
          (2) Events such as the March 1995 terrorist release 
        of a chemical nerve agent in the Tokyo subway, the 
        threatened use of chemical weapons during the 1991 
        Persian Gulf War, and the widespread use of chemical 
        weapons during the Iran-Iraq War of the 1980's are all 
        potent reminders of the menace posed by chemical 
        weapons, of the fact that the threat of chemical 
        weapons is not sufficiently addressed, and of the need 
        to outlaw the development, production, and possession 
        of chemical weapons.
          (3) The Chemical Weapons Convention negotiated and 
        signed by President Bush would make it more difficult 
        for would-be proliferators, including terrorists, to 
        acquire or use chemical weapons, if ratified and fully 
        implemented, as signed, by all signatories.
          (4) United States military authorities, including 
        Chairman of the Joint Chiefs of Staff General John 
        Shalikashvili, have stated that United States military 
        forces will deter and respond to chemical weapons 
        threats with a robust chemical defense and an 
        overwhelming superior conventional response, as 
        demonstrated in the Persian Gulf War, and have 
        testified in support of the ratification of the 
        Chemical Weapons Convention.
          (5) The United States intelligence community has 
        testified that the Convention will provide new and 
        important sources of information, through regular data 
        exchanges and routine and challenge inspections, to 
        improve the ability of the United States to assess the 
        chemical weapons status in countries of concern.
          (6) The Convention has not entered into force for 
        lack of the requisite number of ratifications.
          (7) Russia has signed the Convention, but has not yet 
        ratified it.
          (8) There have been reports by Russian sources of 
        continued Russian production and testing of chemical 
        weapons, including a statement by a spokesman of the 
        Russian Ministry of Defense on December 5, 1994, that 
        ``We cannot say that all chemical weapons production 
        and testing has stopped altogether.''.
          (9) The Convention will impose a legally binding 
        obligation on Russia and other nations that possess 
        chemical weapons and that ratify the Convention to 
        cease offensive chemical weapons activities and to 
        destroy their chemical weapons stockpiles and 
        production facilities.
          (10) The United States must be prepared to exercise 
        fully its rights under the Convention, including the 
        request of challenge inspections when warranted, and to 
        exercise leadership in pursuing punitive measures 
        against violators of the Convention, when warranted.
          (11) The United States should strongly encourage full 
        implementation at the earliest possible date of the 
        terms and conditions of the United States-Russia 
        bilateral chemical weapons destruction agreement signed 
        in 1990.
          (12) The START II Treaty negotiated and signed by 
        President Bush would help reduce the danger of 
        potential proliferators, including terrorists, 
        acquiring nuclear warheads and materials, and would 
        contribute to United States-Russian bilateral efforts 
        to secure and dismantle nuclear warheads, if ratified 
        and fully implemented as signed by both parties.
          (13) It is in the national security interest of the 
        United States to take effective steps to make it more 
        difficult for proliferators or would-be terrorists to 
        obtain chemical or nuclear materials for use in 
        weapons.
          (14) The President has urged prompt Senate action on, 
        and advice and consent to ratification of, the START II 
        Treaty and the Chemical Weapons Convention.
          (15) The Chairman of the Joint Chiefs of Staff has 
        testified to Congress that ratification and full 
        implementation of both treaties by all parties is in 
        the United States national interest and has strongly 
        urged prompt Senate advice and consent to their 
        ratification.
    (b) Sense of Congress.--It is the sense of Congress that 
the United States, Russia, and all other parties to the START 
II Treaty and the Chemical Weapons Convention should promptly 
ratify and fully implement, as negotiated, both treaties.

SEC. 1407. IMPLEMENTATION OF ARMS CONTROL AGREEMENTS.

    (a) Funding.--Of the amounts appropriated pursuant to 
authorizations in sections 102, 103, 104, 201, and 301, the 
Secretary of Defense may use an amount not to exceed 
$239,941,000 for implementing arms control agreements to which 
the United States is a party.
    (b) Limitation.--(1) Funds made available pursuant to 
subsection (a) for the costs of implementing an arms control 
agreement may not (except as provided in paragraph (2)) be used 
to reimburse expenses incurred by any other party to the 
agreement for which (without regard to any executive agreement 
or any policy not part of an arms control agreement)--
          (A) the other party is responsible under the terms of 
        the arms control agreement; and
          (B) the United States has no responsibility under the 
        agreement.
    (2) The limitation in paragraph (1) does not apply to a use 
of funds to carry out an arms control expenses reimbursement 
policy of the United States described in subsection (c).
    (c) Covered Arms Control Expenses Reimbursement Policies.--
Subsection (b)(2) applies to a policy of the United States to 
reimburse expenses incurred by another party to an arms control 
agreement if--
          (1) the policy does not modify any obligation imposed 
        by the arms control agreement;
          (2) the President--
                  (A) issued or approved the policy before the 
                date of the enactment of this Act; or
                  (B) entered into an agreement on the policy 
                with the government of another country or 
                approved an agreement on the policy entered 
                into by an official of the United States and 
                the government of another country; and
          (3) the President has notified the designated 
        congressional committees of the policy or the policy 
        agreement (as the case may be), in writing, at least 30 
        days before the date on which the President issued or 
        approved the policy or has entered into or approved the 
        policy agreement.
    (d) Definitions.--For the purposes of this section:
          (1) The term ``arms control agreement'' means an arms 
        control treaty or other form of international arms 
        control agreement.
          (2) The term ``executive agreement'' means an 
        international agreement entered into by the President 
        that is not authorized by law or entered into as a 
        Treaty to which the Senate has given its advice and 
        consent to ratification.
          (3) The term ``designated congressional committees'' 
        means the following:
                  (A) The Committee on Foreign Relations, the 
                Committee on Armed Services, and the Committee 
                on Appropriations of the Senate.
                  (B) The Committee on International Relations, 
                the Committee on National Security, and the 
                Committee on Appropriations of the House of 
                Representatives.

SEC. 1408. IRAN AND IRAQ ARMS NONPROLIFERATION.

    (a) Sanctions Against Transfers of Persons.--Section 
1604(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992 
(title XVI of Public Law 102-484; 50 U.S.C. 1701 note) is 
amended by inserting ``to acquire chemical, biological, or 
nuclear weapons or'' before ``to acquire''.
    (b) Sanctions Against Transfers of Foreign Countries.--
Section 1605(a) of such Act is amended by inserting ``to 
acquire chemical, biological, or nuclear weapons or'' before 
``to acquire''.
    (c) Clarification of United States Assistance.--
Subparagraph (A) of section 1608(7) of such Act is amended to 
read as follows:
                  ``(A) any assistance under the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151 et 
                seq.), other than urgent humanitarian 
                assistance or medicine;''.
    (d) Notification of Certain Waivers Under MTCR 
Procedures.--Section 73(e)(2) of the Arms Export Control Act 
(22 U.S.C. 2797b(e)(2)) is amended--* * * \2\
---------------------------------------------------------------------------
    \2\ See Legislation on Foreign Relations Through 2001, vol. I-A.
       g. National Defense Authorization Act for Fiscal Year 1995

Partial text of Public Law 103-337 [National Defense Authorization Act 
   for Fiscal Year 1995; S. 2182], 108 Stat. 2663 at 2882, approved 
   October 5, 1994; amended by Public Law 104-201 [National Defense 
  Authorization Act For Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
approved September 23, 1996; and by Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1059], 111 Stat. 512, 
                        approved October 5, 1999

 AN ACT To authorize appropriations for fiscal year 1995 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                     TITLE XV--ARMS CONTROL MATTERS

          * * * * * * *

SEC. 1503.\1\ REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.

    (a) Annual Report Required.--Not later than February 1 of 
each year, the Secretary \2\ of Defense shall submit to 
Congress a report of the findings of the Counterproliferation 
Program Review Committee established by subsection (a) of the 
Review Committee charter.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note.
    \2\ Sec. 1504(c) of Public Law 106-65 (113 Stat. 808) struck out 
``May 1 of each year'' and inserted in lieu thereof ``February 1 of 
each year''. Previously, sec. 1309(d)(1)(A) of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2710) struck out ``Report Required.--(1) Not later than May 1, 1995 and 
May 1, 1996, the Secretary'' and inserted in lieu thereof ``Annual 
Report Required.--Not later than May 1 of each year, the Secretary''; 
and sec. 1309(d)(1)(B) struck out para. (2).
---------------------------------------------------------------------------
    (b) Content of Report.--Each report under subsection (a) 
shall include the following:
          (1) A complete list, by specific program element, of 
        the existing, planned, or newly proposed capabilities 
        and technologies reviewed by the Review Committee 
        pursuant to subsection (c) of the Review Committee 
        charter.
          (2) A complete description of the requirements and 
        priorities established by the Review Committee.
          (3) A comprehensive discussion of the near-term, mid-
        term, and long-term programmatic options formulated by 
        the Review Committee for meeting requirements 
        prescribed by the Review Committee and for eliminating 
        deficiencies identified by the Review Committee, 
        including the annual funding requirements and 
        completion dates established for each such option.
          (4) An explanation of the recommendations made 
        pursuant to subsection (c) of the Review Committee 
        charter, together with a full discussion of the actions 
        taken to implement such recommendations or otherwise 
        taken on the recommendations.
          (5) A discussion and assessment of the status of each 
        Review Committee recommendation during the fiscal year 
        preceding the fiscal year in which the report is 
        submitted, including, particularly, the status of 
        recommendations made during such preceding fiscal year 
        that were reflected in the budget submitted to Congress 
        pursuant to section 1105(a) of title 31, United States 
        Code, in the fiscal year of the report.
          (6) Each specific Department of Energy program that 
        the Secretary of Energy plans to develop to initial 
        operating capability and each such program that the 
        Secretary does not plan to develop to initial operating 
        capability.
          (7) For each technology program scheduled to reach 
        initial operational capability, a recommendation from 
        the Chairman of the Joint Chiefs of Staff that 
        represents the views of the commanders of the unified 
        and specified commands regarding the utility and 
        requirement of the program.
    (c) Forms of Report.--Each such report shall be submitted 
in both unclassified and classified forms, including an annex 
to the classified report for special compartmented information 
programs, special access programs, and special activities 
programs.
    (d) \3\ Review Committee Charter Defined.--For purposes of 
this section, the term ``Review Committee charter'' means 
section 1605 of the National Defense Authorization Act for 
Fiscal Year 1994 (22 U.S.C. 2751 note).
---------------------------------------------------------------------------
    \3\ Sec. 1309(d)(2) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) added subsecs. 
(d) and (e).
---------------------------------------------------------------------------
    (e) \3\ Termination of Requirement.--The final report 
required under subsection (a) is the report for the year 
following the year in which the Counterproliferation Program 
Review Committee established under the Review Committee Charter 
ceases to exist.

SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.

    (a) Counterproliferation Activities.--Of the amount 
authorized to be appropriated in section 201(4), $16,500,000 
shall be available for counterproliferation activities.
    (b) Limitation.--(1) Of the funds made available pursuant 
to subsection (a), $4,000,000 may not be obligated until the 
Secretary of Defense submits to Congress a report on a proposed 
classified counterproliferation database system. The report 
shall provide--
          (A) an assessment of current major databases and 
        software capabilities of entities in the intelligence 
        community and of national weapons laboratories and 
        laboratories of the Armed Forces against capabilities 
        defined in the proposed project; and
          (B) an assessment of the technical feasibility of the 
        proposed system, program plan, strategy, milestones and 
        future year funding.
    (2) No funds may be obligated for the database system 
described in the report until the Secretary of Defense and the 
Director of Central Intelligence enter into a written agreement 
concerning the program to develop that database system that 
provides--
          (A) how funding for that program is to be divided 
        between (i) the account of the National Foreign 
        Intelligence Program, and (ii) Tactical Intelligence 
        and Related Program accounts; and
          (B) a plan for the sources of funds for, and the 
        programmed amounts for, that program for fiscal years 
        after fiscal year 1995.
    (c) Education in Support of Counterproliferation 
Activities.--Of the amount authorized to be appropriated in 
section 301(5), not more than $2,000,000 shall be available for 
providing education to members of the Armed Forces in matters 
relating to counterproliferation.
    (d) Additional Authority To Transfer Authorizations.--(1) 
In addition to the transfer authority provided in section 1001, 
upon determination by the Secretary of Defense that such action 
is necessary in the national interest, the Secretary may 
transfer amounts of authorizations made available to the 
Department of Defense in this division for fiscal year 1995 to 
counterproliferation programs, projects, and activities 
identified as areas for progress by the Counterproliferation 
Program Review Committee established by section 1605 of the 
National Defense Authorization Act for Fiscal Year 1994 (Public 
Law 103-160), as amended by section 1502. Amounts of 
authorizations so transferred shall be merged with and be 
available for the same purposes as the authorization to which 
transferred.
    (2) The total amount of authorizations that the Secretary 
may transfer under the authority of this subsection may not 
exceed $100,000,000.
    (3) The authority provided by this subsection to transfer 
authorizations--
          (A) may only be used to provide authority for items 
        that have a higher priority than the items from which 
        authority is transferred; and
          (B) may not be used to provide authority for an item 
        that has been denied authorization by Congress.
    (4) A transfer made from one account to another under the 
authority of this subsection shall be deemed to increase the 
amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.
    (5) The Secretary of Defense shall promptly notify Congress 
of transfers made under the authority of this subsection.
    (e) Use of Funds for Technology Development.--(1) Of the 
funds authorized to be appropriated by section 201(4) for 
counterproliferation technology projects--
          (A) up to $5,000,000 shall be available for a program 
        to detect, locate, and disarm weapons of mass 
        destruction that are hidden by a hostile state or 
        terrorist or terrorist group in a confined area outside 
        the United States; and
          (B) up to $10,000,000 shall be available for the 
        training program referred to in paragraph (3).
    (2) The Secretary of Defense shall make funds available for 
the program referred to in paragraph (1)(A) in a manner that, 
to the maximum extent practicable, ensures the effective use of 
existing resources of the national weapons laboratories.
    (3)(A) The training program referred to in paragraph (1)(B) 
is a training program carried out jointly by the Secretary of 
Defense and the Director of the Federal Bureau of Investigation 
in order to expand and improve United States efforts to deter 
the possible proliferation and acquisition weapons of mass 
destruction by organized crime organizations in Eastern Europe, 
the Baltic countries, and states of the former Soviet Union.
    (B) Of the funds available under paragraph (1)(B) for the 
program referred to in subparagraph (A), $9,000,000 may not be 
obligated or expended for that program until the Secretary of 
Defense and the Director of the Federal Bureau of Investigation 
jointly submit to the congressional committees specified in 
subparagraph (C) a report that--
          (i) identifies the nature and extent of the threat 
        posed to the United States by the possible 
        proliferation and acquisition of weapons of mass 
        destruction by organized crime organizations in Eastern 
        Europe, the Baltic countries, and states of the former 
        Soviet Union;
          (ii) assesses the actions that the United States 
        should undertake in order to assist law enforcement 
        agencies of Eastern Europe, the Baltic countries, and 
        states of the former Soviet Union in the efforts of 
        such agencies to prevent and deter the theft of nuclear 
        weapons material; and
          (iii) contains an estimate of--
                  (I) the cost of undertaking such actions, 
                including the costs of personnel, support 
                equipment, and training;
                  (II) the time required to commence the 
                carrying out of the program referred to in 
                paragraph (1)(B); and
                  (III) the amount of funds, if any, that will 
                be required in fiscal years after fiscal year 
                1995 in order to carry out the program.
    (C) The congressional committees referred to in this 
subparagraph are the following:
          (i) The Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of 
        the House of Representatives.\4\
---------------------------------------------------------------------------
    \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          (ii) The Committee on Armed Services, the Committee 
        on Appropriations, and the Committee on Foreign 
        Relations of the Senate.
          * * * * * * *

SEC. 1506. RESTRICTION RELATING TO SUBMISSION OF REPORT ON 
                    PROLIFERATION OF FOREIGN MILITARY SATELLITES.

    None of the funds available to the Department of Defense 
may be expended for travel by the Assistant Secretary of 
Defense for International Security Policy until the Secretary 
of Defense submits to Congress the report required by section 
1363 of the National Defense Authorization Act for Fiscal Year 
1993 (Public Law 102-484; 106 Stat. 2560).

SEC. 1507. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF 
                    PREVIOUSLY REQUIRED REPORT.

    (a) Limitation.--Of the total amount specified in section 
1505 for counterproliferation activities for fiscal year 1995, 
$1,000,000 shall be withheld from obligation until the report 
described in subsection (b) has been submitted to Congress.
    (b) Report.--The report referred to in subsection (a) is 
the report required to be submitted to Congress not later than 
May 30, 1994, pursuant to section 1422 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 
Stat. 1829).

SEC. 1508. SENSE OF CONGRESS CONCERNING INDEFINITE EXTENSION OF NUCLEAR 
                    NON-PROLIFERATION TREATY.

    (a) Findings.--Congress makes the following findings:
          (1) The Treaty on the Non-Proliferation of Nuclear 
        Weapons, signed at Washington, D.C., London, and Moscow 
        on July 1, 1968, is the centerpiece of global efforts 
        to prevent the spread of nuclear weapons.
          (2) The United States has demonstrated longstanding 
        support for that treaty and related efforts to prevent 
        the spread of nuclear weapons.
          (3) President Clinton has declared that preventing 
        the spread of nuclear weapons is one of the highest 
        priorities of his Administration.
          (4) In April 1995, the parties to the Treaty on the 
        Non-Proliferation of Nuclear Weapons will convene a 
        conference in New York City to discuss the indefinite 
        extension of the treaty.
          (5) The policy of the President is to seek at that 
        conference the indefinite and unconditional extension 
        of that treaty.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President has the full support of Congress in 
        seeking the indefinite and unconditional extension of 
        the Treaty on the Non-Proliferation of Nuclear Weapons;
          (2) the President, when formulating and implementing 
        other elements of nonproliferation policy of the United 
        States (including United States counterproliferation 
        doctrine, the Nuclear Posture Review, and nuclear 
        testing policy), should take into account the 
        objectives of the United States at the 1995 conference 
        of the parties to the Treaty on the Non-Proliferation 
        of Nuclear Weapons; and
          (3) the President and the President's senior national 
        security advisers should dedicate themselves to 
        ensuring the indefinite and unconditional extension of 
        the Treaty on the Non-Proliferation of Nuclear Weapons 
        at the 1995 conference for that treaty.

SEC. 1509. NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS TESTING.

    (a) Findings.--Congress makes the following findings:
          (1) On January 25, 1994, the United States and 37 
        other nations began negotiations for a comprehensive 
        treaty to ban permanently all nuclear weapons testing.
          (2) On March 14, 1994, the President extended the 
        current United States moratorium on nuclear weapons 
        testing through September 1995.
          (3) The United States is seeking to extend 
        indefinitely the Treaty on the Non-Proliferation of 
        Nuclear Weapons at the conference of the parties to the 
        Treaty to be held in New York City in April 1995.
          (4) Conclusion of a comprehensive nuclear test ban 
        treaty could contribute toward successful negotiations 
        to extend the Treaty on the Non-Proliferation of 
        Nuclear Weapons.
          (5) Agreements to eliminate nuclear weapons testing 
        and to control the spread of nuclear weapons could 
        contribute to the national security of the United 
        States, its allies, and other nations around the world.
    (b) Statement of Congressional Policy.--In view of the 
findings set forth in subsection (a), Congress--
          (1) applauds the President for maintaining the United 
        States moratorium on nuclear weapons testing and for 
        taking a leadership role toward negotiation of a 
        comprehensive nuclear test ban treaty;
          (2) encourages all nuclear powers to refrain from 
        conducting nuclear explosions, before the conclusion of 
        a comprehensive nuclear test ban treaty; and
          (3) urges the Conference on Disarmament to make all 
        possible progress toward a comprehensive nuclear test 
        ban treaty by the end of 1994.
       h. National Defense Authorization Act for Fiscal Year 1994

Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547 at 1841, 
  approved November 30, 1993; amended by Public Law 103-337 [National 
 Defense Authorization for Fiscal Year 1995; S. 2182], 108 Stat. 2663, 
    approved October 5, 1994; Public Law 104-106 [National Defense 
   Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
   approved February 10, 1996; Public Law 104-201 [National Defense 
  Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
approved September 23, 1996; and by Public Law 106-65 [National Defense 
   Authorization Act for Fiscal Year 2000; S. 1019], 114 Stat. 512, 
                        approved October 5, 1999

 An Act To authorize appropriations for fiscal year 1994 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, 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 ``National Defense 
Authorization Act for Fiscal Year 1994''.
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                    TITLE XVI--ARMS CONTROL MATTERS

   Subtitle A--Programs in Support of the Prevention and Control of 
              Proliferation of Weapons of Mass Destruction

SEC. 1601. STUDY OF GLOBAL PROLIFERATION OF STRATEGIC AND ADVANCED 
                    CONVENTIONAL MILITARY WEAPONS AND RELATED EQUIPMENT 
                    AND TECHNOLOGY.

    (a) Study.--The President shall conduct a study of (1) the 
factors that contribute to the proliferation of strategic and 
advanced conventional military weapons and related equipment 
and technologies, and (2) the policy options that are available 
to the United States to inhibit such proliferation.
    (b) Conduct of Study.--In carrying out the study the 
President shall do the following:
          (1) Identify those factors contributing to global 
        weapons proliferation which can be most effectively 
        regulated.
          (2) Identify and assess policy approaches available 
        to the United States to discourage the transfer of 
        strategic and advanced conventional military weapons 
        and related equipment and technology.
          (3) Assess the effectiveness of current multilateral 
        efforts to control the transfer of such military 
        weapons and equipment and such technology.
          (4) Identify and examine methods by which the United 
        States could reinforce these multilateral efforts to 
        discourage the transfer of such weapons and equipment 
        and such technology, including placing conditions on 
        assistance provided by the United States to other 
        nations.
          (5) Identify the circumstances under which United 
        States national security interests might best be served 
        by a transfer of conventional military weapons and 
        related equipment and technology, and specifically 
        assess whether such circumstances exist when such a 
        transfer is made to an allied country which, with the 
        United States, has mutual national security interests 
        to be served by such a transfer.
          (6) Assess the effect on the United States economy 
        and the national technology and industrial base (as 
        defined by section 2491(1) of title 10, United States 
        Code) which might result from potential changes in 
        United States policy controlling the transfer of such 
        military weapons and related equipment and technology.
    (c) Advisory Board.--(1) Within 15 days after the date of 
the enactment of this Act, the President shall establish an 
Advisory Board on Arms Proliferation Policy. The advisory board 
shall be composed of 5 members. The President shall appoint the 
members from among persons in private life who are noted for 
their stature and expertise in matters covered by the study 
required under subsection (a) and shall ensure, in making the 
appointments, that the advisory board is composed of members 
from diverse backgrounds. The President shall designate one of 
the members as chairman of the advisory board.
    (2) The President is encouraged--
          (A) to obtain the advice of the advisory board 
        regarding the matters studied pursuant to subsection 
        (a) and to consider that advice in carrying out the 
        study; and
          (B) to ensure that the advisory board is informed in 
        a timely manner and on a continuing basis of the 
        results of policy reviews carried out under the study 
        by persons outside the board.
    (3) The members of the advisory board shall receive no pay 
for serving on the advisory board. However, the members shall 
be allowed travel expenses and per diem in accordance with the 
regulations referred to in paragraph (6).
    (4) Upon request of the chairman of the advisory board, the 
Secretary of Defense or the head of any other Federal 
department or agency may detail, without reimbursement for 
costs, any of the personnel of the department or agency to the 
advisory board to assist the board in carrying out its duties.
    (5) The Secretary of Defense shall designate a federally 
funded research and development center with expertise in the 
matters covered by the study required under subsection (a) to 
provide the advisory board with such support services as the 
advisory board may need to carry out its duties.
    (6) Except as otherwise provided in this section, the 
provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.), and the regulations prescribed by the Administrator of 
General Services pursuant to that Act, shall apply to the 
advisory board. Subsections (e) and (f) of section 10 of such 
Act do not apply to the advisory board.
    (7) The advisory board shall terminate 30 days after the 
date on which the President submits the final report of the 
advisory board to Congress pursuant to subsection (d)(2)(B).
    (d) Reports.--(1) The Advisory Board on Arms Proliferation 
Policy shall submit to the President, not later than May 15, 
1994, a report containing its findings, conclusions, and 
recommendations on the matters covered by the study carried out 
pursuant to subsection (a).
    (2) The President shall submit to Congress, not later than 
June 1, 1994--
          (A) a report on the study carried out pursuant to 
        subsection (a), including the President's findings and 
        conclusions regarding the matters considered in the 
        study; and
          (B) the report of the Advisory Board on Arms 
        Proliferation Policy received under paragraph (1), 
        together with the comments, if any, of the President on 
        that report.
          * * * * * * *

SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION 
                    POLICY.

    (a) Authorization To Conduct Studies.--The Secretary \1\ of 
Defense may conduct studies and analysis programs in support of 
the counterproliferation policy of the United States.
---------------------------------------------------------------------------
    \1\ Sec. 1505(a) of Public Law 103-337 (108 Stat. 2919) struck out 
``During fiscal year 1994, the Secretary'' and inserted in lieu thereof 
``The Secretary''.
---------------------------------------------------------------------------
    (b) Counterproliferation Studies.--Studies and analysis 
programs under this section may include programs intended to 
explore defense policy issues that might be involved in efforts 
to prevent and counter the proliferation of weapons of mass 
destruction and their delivery systems. Such efforts include--
          (1) enhancing United States military capabilities to 
        deter and respond to terrorism, theft, and 
        proliferation involving weapons of mass destruction;
          (2) cooperating in international programs to enhance 
        military capabilities to deter and respond to 
        terrorism, theft, and proliferation involving weapons 
        of mass destruction; and
          (3) otherwise contributing to Department of Defense 
        capabilities to deter, identify, monitor, and respond 
        to such terrorism, theft, and proliferation involving 
        weapons of mass destruction.
    (c) Designation of Coordinator.--The Under Secretary of 
Defense for Policy, subject to the supervision and control of 
the Secretary of Defense, shall coordinate the policy studies 
and analysis of the Department of Defense on countering 
proliferation of weapons of mass destruction and their delivery 
systems.
    (d) \2\ Report.--Not later than April 30 of each year,\3\ 
the Secretary of Defense shall submit to the appropriate 
congressional committees a report on the activities carried out 
under subsection (a). Each report shall set forth for the 
twelve-month \4\ period ending on the last day of the month 
preceding the month in which the report is due the following:
---------------------------------------------------------------------------
    \2\ Sec. 1505(b) of Public Law 103-337 (108 Stat. 2919) struck out 
subsecs. (d) and (e), and redesignated former subsec. (f) as subsec. 
(d). Former subsecs. (d) and (e) read as follows:
    ``(d) Funds.--Funds for programs authorized in this section shall 
be derived from amounts made available to the Department of Defense for 
fiscal year 1994 or from balances in working capital accounts of the 
Department of Defense. The total amount expended for fiscal year 1994 
to carry out studies and analysis programs under subsection (a) may not 
exceed $6,000,000.
    ``(e) Restriction.--None of the funds referred to in subsection (d) 
shall be available for the purposes stated in this section until 15 
days after the date on which the Secretary of Defense submits to the 
appropriate congressional committees a report setting forth--
---------------------------------------------------------------------------

          ``(1) a description of all of the activities within the 
        Department of Defense that are being carried out or are to be 
        carried out for the purposes stated in this section;
          ``(2) the plan for coordinating and integrating those 
        activities within the Department of Defense;
          ``(3) the plan for coordinating and integrating those 
        activities with those of other Federal agencies; and
          ``(4) the sources of the funds to be used for such 
        purposes.''.
---------------------------------------------------------------------------
    \3\ Sec. 1505(b)(3)(A) of Public Law 103-337 (108 Stat. 2919) 
struck out ``and not later than October 30 of each year'' at this 
point. Sec. 1504(b)(1) of Public Law 104-106 (110 Stat. 513) struck out 
a second comma at this point.
    \4\ Sec. 1505(b)(3)(B) of Public Law 103-337 (108 Stat. 2919) 
struck out ``six-month'' and inserted in lieu thereof ``twelve-month''.
---------------------------------------------------------------------------
          (1) A description of the studies and analysis carried 
        out.
          (2) The amounts spent for such studies and analysis.
          (3) The organizations that conducted the studies and 
        analysis.
          (4) An explanation of the extent to which such 
        studies and analysis contribute \5\ to the 
        counterproliferation policy of the United States and 
        United States military capabilities to deter and 
        respond to terrorism, theft, and proliferation 
        involving weapons of mass destruction.
---------------------------------------------------------------------------
    \5\ Sec. 1504(b)(2) of Public Law 104-106 (110 Stat. 513) struck 
out ``contributes'' and inserted in lieu thereof ``contribute''.
---------------------------------------------------------------------------
          (5) A description of the measures being taken to 
        ensure that such studies and analysis within the 
        Department of Defense are \6\ managed effectively and 
        coordinated comprehensively.
---------------------------------------------------------------------------
    \6\ Sec. 1504(b)(3) of Public Law 104-106 (110 Stat. 513) struck 
out ``is'' and inserted in lieu thereof ``are''.
---------------------------------------------------------------------------

SEC. 1604. SENSE OF CONGRESS REGARDING UNITED STATES CAPABILITIES TO 
                    PREVENT AND COUNTER WEAPONS PROLIFERATION.

    It is the sense of Congress that--
          (1) the United States should have the ability to 
        counter effectively potential threats to United States 
        interests that arise from the proliferation of such 
        weapons;
          (2) the Department of Defense, the Department of 
        State, the Department of Energy, the Arms Control and 
        Disarmament Agency, and the intelligence community have 
        important roles, as well as unique capabilities and 
        expertise, in preventing the proliferation of weapons 
        of mass destruction and dealing with the consequences 
        of any proliferation of such weapons, including 
        capabilities and expertise regarding--
                  (A) detection and monitoring of proliferation 
                of weapons of mass destruction;
                  (B) development of effective export control 
                regimes;
                  (C) interdiction and destruction of weapons 
                of mass destruction and related weapons 
                material; and
                  (D) carrying out international monitoring and 
                inspection regimes that relate to proliferation 
                of such weapons and material;
          (3) the Department of Defense, the Department of 
        Energy, and the intelligence community have unique 
        capabilities and expertise that contribute directly to 
        the ability of the United States to implement United 
        States policy to counter effectively the threats that 
        arise from the proliferation of weapons of mass 
        destruction, including capabilities and expertise 
        regarding--
                  (A) responses to terrorism, theft, or 
                accidents involving weapons of mass 
                destruction;
                  (B) conduct of intrusive international 
                inspections for verification of arms control 
                treaties;
                  (C) direct and discrete counterproliferation 
                actions that require use of force; and
                  (D) development and deployment of active 
                military countermeasures and protective 
                measures against threats resulting from arms 
                proliferation, including defenses against 
                ballistic missile attacks; and
          (4) the United States should continue to maintain and 
        improve its capabilities to identify, monitor, and 
        respond to the proliferation of weapons of mass 
        destruction and delivery systems for such weapons.

SEC. 1605.\7\ JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION \8\ 
                    PROGRAMS OF THE UNITED STATES.

    (a) Establishment.--(1) There is hereby established a 
Counterproliferation Program Review Committee \9\ composed of 
the following members:
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2751 note.
    \8\ Sec. 1502(f) of Public Law 103-337 (108 Stat. 2916) struck out 
``proliferation'' from the section catchline, inserting in lieu thereof 
``counterproliferation''.
    \9\ Sec. 1502(a)(1)(A) of Public Law 103-337 (108 Stat. 2915) 
struck out ``Non-Proliferation Program Review Committee'' and inserted 
in lieu thereof ``Counterproliferation Program Review Committee''. 
Subpara. (B) of that sec. struck out subparas. (B) and (E) from this 
subsec., which referred to: ``(B) The Secretary of State'', and ``(E) 
The Director of the United States Arms Control and Disarmament 
Agency''. Subpara. (C) of that sec. subsequently redesignated the 
remaining subparas. (C), (D), and (F) as (B), (C), and (D).
---------------------------------------------------------------------------
          (A) The Secretary of Defense.
          (B) The Secretary of Energy.
          (C) The Director of Central Intelligence.
          (D) The Chairman of the Joint Chiefs of Staff.
    (2) The Secretary of Defense shall chair the committee. The 
Secretary of Energy shall serve as the Vice Chairman of the 
committee.\10\
---------------------------------------------------------------------------
    \10\ Sec. 1502(a)(2) of Public Law 103-337 (108 Stat. 2915) added 
``The Secretary of Energy shall serve as the Vice Chairman of the 
committee.'' to para. (2).
---------------------------------------------------------------------------
    (3) A member of the committee may designate a 
representative to perform routinely the duties of the member. A 
representative shall be in a position of Deputy Assistant 
Secretary or a position equivalent to or above the level of 
Deputy Assistant Secretary. A representative of the Chairman of 
the Joint Chiefs of Staff shall be a person in a grade 
equivalent to that of Deputy Assistant Secretary of Defense.
    (4) The Secretary of Defense may delegate to the Under 
Secretary of Defense for Acquisition and Technology the 
performance of the duties of the Chairman of the committee. The 
Secretary of Energy may delegate to the Under Secretary of 
Energy responsible for national security programs of the 
Department of Energy the performance of the duties of the Vice 
Chairman of the committee.\11\
---------------------------------------------------------------------------
    \11\ Sec. 1502(a)(3) of Public Law 103-337 (108 Stat. 2915) added 
this sentence to para. (4). Para. (4) of that subsec. struck out para. 
(5), which read as follows:
    ``(5) The members of the committee shall first meet not later than 
30 days after the date of the enactment of this Act. Upon designation 
of working level officials and representatives, the members of the 
committee shall jointly notify the appropriate committees of Congress 
that the committee has been constituted. The notification shall 
identify the representatives designated pursuant to paragraph (3) and 
the working level officials of the committee.''.
---------------------------------------------------------------------------
    (5) \12\ The Assistant to the Secretary of Defense for 
Nuclear and Chemical and Biological Defense Programs shall 
serve as executive secretary to the committee, except that 
during any period during which that position is vacant the 
Assistant Secretary of Defense for Strategy and Threat 
Reduction shall serve as the executive secretary.
---------------------------------------------------------------------------
    \12\ Sec. 1309(a) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) added para. (5). 
It was subsequently amended and restated by sec. 1504(b) of Public Law 
106-65 (113 Stat. 808). As originally enacted, the para. had read as 
follows:
    ``(5) The Assistant to the Secretary of Defense for Nuclear and 
Chemical and Biological Defense Programs shall serve as executive 
secretary to the committee.''.
---------------------------------------------------------------------------
    (b) Purposes of the Committee.--The purposes of the 
committee are as follows:
          (1) To optimize funding for, and ensure the 
        development and deployment of--
                  (A) highly effective technologies and 
                capabilities for the detection, monitoring, 
                collection, processing, analysis, and 
                dissemination of information in support of 
                United States counterproliferation policy \13\ 
                and efforts, including efforts to stem the 
                proliferation of weapons of mass destruction 
                and to negate paramilitary and terrorist 
                threats involving weapons of mass destruction; 
                \14\ and
---------------------------------------------------------------------------
    \13\ Sec. 1502(b)(1) of Public Law 103-337 (108 Stat. 2915) struck 
out ``nonproliferation policy'' and inserted in lieu thereof 
``counterproliferation policy''.
    \14\ Sec. 1309(b) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) inserted ``and 
efforts, including efforts to stem the proliferation of weapons of mass 
destruction and to negate paramilitary and terrorist threats involving 
weapons of mass destruction'' after ``counterproliferation policy''.
---------------------------------------------------------------------------
                  (B) disabling technologies in support of such 
                policy.
          (2) To identify and eliminate undesirable 
        redundancies or uncoordinated efforts in the 
        development and deployment of such technologies and 
        capabilities.
          (3) \15\ To establish priorities for programs and 
        funding.
---------------------------------------------------------------------------
    \15\ Sec. 1502(b)(2) of Public Law 103-337 (108 Stat. 2915) added 
paras. (3) through (6).
---------------------------------------------------------------------------
          (4) \15\ To encourage and facilitate interagency and 
        interdepartmental funding of programs in order to 
        ensure necessary levels of funding to develop, operate, 
        and field highly-capable systems.
          (5) \15\ To ensure that Department of Energy programs 
        are integrated with the operational needs of other 
        departments and agencies of the Government.
          (6) \15\ To ensure that Department of Energy national 
        security programs include technology demonstrations and 
        prototype development of equipment.
    (c) Duties.--The committee shall--
          (1) identify and review existing and proposed 
        capabilities and technologies for support of United 
        States nonproliferation policy and counterproliferation 
        policy \16\ with regard to--
---------------------------------------------------------------------------
    \16\ Sec. 1502(c)(1)(A) of Public Law 103-337 (108 Stat. 2915) 
struck out ``(including counterproliferation capabilities) and 
technologies for support of United States nonproliferation policy'' and 
inserted in lieu thereof ``and technologies for support of United 
States nonproliferation policy and counterproliferation policy''.
---------------------------------------------------------------------------
                  (A) intelligence;
                  (B) battlefield surveillance;
                  (C) passive defenses;
                  (D) active defenses; and \17\
---------------------------------------------------------------------------
    \17\ Sec. 1502(c)(1) of Public Law 103-337 (108 Stat. 2915) added 
``and'' at the end of subpara. (D), and struck out subparas. (F) and 
(G), which had referred to inspection support and support of export 
control programs.
---------------------------------------------------------------------------
                  (E) counterforce capabilities;
          (2) \18\ prescribe requirements and priorities for 
        the development and deployment of highly effective 
        capabilities and technologies; \19\
---------------------------------------------------------------------------
    \18\ Sec. 1502(c)(2) and (4) of Public Law 103-337 (108 Stat. 2915) 
struck out paras. (2), (3), and (7), and redesignated paras. (4), (5), 
and (6) as paras. (2), (3), and (4). Paras. (2), (3), and (7), formerly 
provided as follows:
    ``(2) as part of the review pursuant to paragraph (1), review all 
directed energy and laser programs for detecting, characterizing, or 
interdicting weapons of mass destruction, their delivery platforms, or 
other orbiting platforms with a view to the elimination of redundancy 
and the optimization of funding for the systems not eliminated;
    ``(3) review the programs (including the crisis management program) 
developed by the Department of State to counter terrorism involving 
weapons of mass destruction and their delivery systems;
---------------------------------------------------------------------------
          * * * * * * *
---------------------------------------------------------------------------
    ``(7) in carrying out the other duties of the committee, ensure 
that all types of counterproliferation actions are considered.''.
    \19\ Sec. 1502(c)(3) of Public Law 103-337 (108 Stat. 2915) struck 
out ``to support fully the nonproliferation policy of the United 
States'' after ``technologies'' in para. (2) (redesignated from para. 
(4)).
---------------------------------------------------------------------------
          (3) \18\ identify deficiencies in existing 
        capabilities and technologies;
          (4) \18\ formulate near-term, mid-term, and long-term 
        programmatic options for meeting requirements 
        established by the committee and eliminating 
        deficiencies identified by the committee; and
          (5) \20\ assess each fiscal year the effectiveness of 
        the committee actions during the preceding fiscal year, 
        including, particularly, the status of recommendations 
        made during such preceding fiscal year that were 
        reflected in the budget submitted to Congress pursuant 
        to section 1105(a) of title 31, United States Code, for 
        the fiscal year following the fiscal year in which the 
        assessment is made.
---------------------------------------------------------------------------
    \20\ Sec. 1502(c)(5) of Public Law 103-337 (108 Stat. 2915) added 
para. (5).
---------------------------------------------------------------------------
    (d) Access to Information.--The committee shall have access 
to information on all programs, projects, and activities of the 
Department of Defense, the Department of State, the Department 
of Energy, the intelligence community, and the Arms Control and 
Disarmament Agency that are pertinent to the purposes and 
duties of the committee.
    (e) \21\ Recommendations.--The committee shall submit to 
the President and the heads of all appropriate departments and 
agencies of the Government such programmatic recommendations 
regarding existing, planned, or new programs as the committee 
considers appropriate to encourage funding for capabilities and 
technologies at the level necessary to support United States 
counterproliferation policy.
---------------------------------------------------------------------------
    \21\ Sec. 1502(d) of Public Law 103-337 (108 Stat. 2916) amended 
and restated subsec. (e). It formerly read as follows:
    ``Budget Recommendations.--The committee may submit to the 
officials referred to in subsection (a) any recommendation regarding 
existing or planned budgets as the committee considers appropriate to 
encourage funding for capabilities and technologies at the level 
necessary to support United States nonproliferation policy.''.
---------------------------------------------------------------------------
    (f) Termination of Committee.--The committee shall cease to 
exist at the end of September 30, 2004.\22\
---------------------------------------------------------------------------
    \22\ Sec. 1502(e) of Public Law 103-337 (108 Stat. 2916) struck out 
``six months after the date on which the report of the Secretary of 
Defense under section 1606 is submitted to Congress'', and inserted in 
lieu thereof ``at the end of September 30, 1996''. Sec. 1309(c) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public Law 
104-201; 110 Stat. 2710) struck out ``September 30, 1996'' and inserted 
in lieu thereof ``September 30, 2000''. Sec. 1504(a) of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
Stat. 808) extended the Committee's term through September 30, 2004.
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SEC. 1606. REPORT ON NONPROLIFERATION AND COUNTERPROLIFERATION 
                    ACTIVITIES AND PROGRAMS.

    (a) Report Required.--Not later than May 1, 1994, the 
Secretary of Defense shall submit to Congress a report on the 
findings of the committee on nonproliferation activities 
established by section 1605.
    (b) Content of Report.--The report shall include the 
following matters:
          (1) A complete list, by program, of the existing, 
        planned, and proposed capabilities and technologies 
        reviewed by the committee, including all directed 
        energy and laser programs reviewed pursuant to section 
        1605(c)(2).
          (2) A complete description of the requirements and 
        priorities established by the committee.
          (3) A comprehensive discussion of the near-term, mid-
        term, and long-term programmatic options formulated by 
        the committee for meeting requirements prescribed by 
        the committee and eliminating deficiencies identified 
        by the committee, including the annual funding 
        requirements and completion dates established for each 
        such option.
          (4) An explanation of the recommendations made 
        pursuant to section 1605(e) and a full discussion of 
        the actions taken on such recommendations, including 
        the actions taken to implement the recommendations.
          (5) A discussion of the existing and planned 
        capabilities of the Department of Defense--
                  (A) to detect and monitor clandestine 
                programs for the acquisition or production of 
                weapons of mass destruction;
                  (B) to respond to terrorism or accidents 
                involving such weapons and thefts of materials 
                related to any weapon of mass destruction; and
                  (C) to assist in the interdiction and 
                destruction of weapons of mass destruction, 
                related weapons materials, and advanced 
                conventional weapons.
          (6) A description of--
                  (A) the extent to which the Secretary of 
                Defense has incorporated nonproliferation and 
                counterproliferation missions into the overall 
                missions of the unified combatant commands; and
                  (B) how the special operations command 
                established pursuant to section 167(a) of title 
                10, United States Code, might support the 
                commanders of the other unified combatant 
                commands and the commanders of the specified 
                combatant commands in the performance of such 
                overall missions.
    (c) Forms of Report.--The report shall be submitted in both 
unclassified and classified forms, as appropriate.

SEC. 1607. DEFINITIONS.

    For purposes of this subtitle:
          (1) The term ``appropriate congressional committees'' 
        means--
                  (A) the Committee on Armed Services, the 
                Committee on Appropriations, the Committee on 
                Foreign Relations, and the Select Committee on 
                Intelligence of the Senate; and
                  (B) the Committee on Armed Services, the 
                Committee on Appropriations, the Committee on 
                Foreign Affairs, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.\23\
---------------------------------------------------------------------------
    \23\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          (2) The term ``intelligence community'' has the 
        meaning given such term in section 3 of the National 
        Security Act of 1947 (50 U.S.C. 401a).

         Subtitle B--International Nonproliferation Activities

SEC. 1611. NUCLEAR NONPROLIFERATION.

    (a) Findings.--The Congress finds the following:
          (1) The United States has been seeking to contain the 
        spread of nuclear weapons technology and materials.
          (2) With the end of the Cold War and the breakup of 
        the Soviet Union, the proliferation of nuclear weapons 
        is now a leading military threat to the national 
        security of the United States and its allies.
          (3) The United Nations Security Council declared on 
        January 31, 1992, that ``proliferation of all weapons 
        of mass destruction constitutes a threat to 
        international peace and security'' and committed to 
        taking appropriate action to prevent proliferation from 
        occurring.
          (4) Aside from the five declared nuclear weapon 
        states, a number of other nations have or are pursuing 
        nuclear weapons capabilities.
          (5) The IAEA is a valuable international institution 
        to counter proliferation, but the effectiveness of its 
        system to safeguard nuclear materials may be adversely 
        affected by financial constraints.
          (6) The Nuclear Non-Proliferation Treaty codifies 
        world consensus against further nuclear proliferation 
        and is scheduled for review and extension in 1995.
          (7) The Nuclear Nonproliferation Act of 1978 declared 
        that the United States is committed to continued strong 
        support for the Nuclear Non-Proliferation Treaty and to 
        a strengthened and more effective IAEA, and established 
        that it is United States policy to establish more 
        effective controls over the transfer of nuclear 
        equipment, materials, and technology.
    (b) Comprehensive Nuclear Nonproliferation Policy.--In 
order to end nuclear proliferation and reduce current nuclear 
arsenals and supplies of weapons-usable nuclear materials, it 
should be the policy of the United States to pursue a 
comprehensive policy to end the further spread of nuclear 
weapons capability, roll back nuclear proliferation where it 
has occurred, and prevent the use of nuclear weapons anywhere 
in the world, with the following additional objectives:
          (1) Successful conclusion of all pending nuclear arms 
        control and disarmament agreements with all the 
        republics of the former Soviet Union and their secure 
        implementation.
          (2) Full participation by all the republics of the 
        former Soviet Union in all multilateral nuclear 
        nonproliferation efforts and acceptance of IAEA 
        safeguards on all their nuclear facilities.
          (3) Strengthening of United States and international 
        support to the IAEA so that the IAEA has the technical, 
        financial, and political resources to verify that 
        countries are complying with their nonproliferation 
        commitments.
          (4) Strengthening of nuclear export controls in the 
        United States and other nuclear supplier nations, 
        impose sanctions on individuals, companies, and 
        countries which contribute to nuclear proliferation, 
        and provide increased public information on nuclear 
        export licenses approved in the United States.
          (5) Reduction in incentives for countries to pursue 
        the acquisition of nuclear weapons by seeking to reduce 
        regional tensions and to strengthen regional security 
        agreements, and encourage the United Nations Security 
        Council to increase its role in enforcing international 
        nuclear nonproliferation agreements.
          (6) Support for the indefinite extension of the 
        Nuclear Non-Proliferation Treaty at the 1995 conference 
        to review and extend that treaty and seek to ensure 
        that all countries sign the treaty or participate in a 
        comparable international regime for monitoring and 
        safeguarding nuclear facilities and materials.
          (7) Reaching agreement with the Russian Federation to 
        end the production of new types of nuclear warheads.
          (8) Pursuing, once the START I treaty and the START 
        II treaty are ratified by all parties, a multilateral 
        agreement to significantly reduce the strategic nuclear 
        arsenals of the United States and the Russian 
        Federation to below the levels of the START II treaty, 
        with lower levels for the United Kingdom, France, and 
        the People's Republic of China.
          (9) Reaching immediate agreement with the Russian 
        Federation to halt permanently the production of 
        fissile material for weapons purposes, and working to 
        achieve worldwide agreements to--
                  (A) end in the shortest possible time the 
                production of weapons-usable fissile material;
                  (B) place existing stockpiles of such 
                materials under bilateral or international 
                controls; and
                  (C) require countries to place all of their 
                nuclear facilities dedicated to peaceful 
                purposes under IAEA safeguards.
          (10) Strengthening IAEA safeguards to more 
        effectively verify that countries are complying with 
        their nonproliferation commitments and provide the IAEA 
        with the political, technical, and financial support 
        necessary to implement the necessary safeguard reforms.
          (11) Conclusion of a multilateral comprehensive 
        nuclear test ban treaty.
    (c) Requirements for Implementation of Policy.--(1) Not 
later than 180 days after the date of the enactment of this 
Act, the President shall submit to the Congress a report, in 
unclassified form, with a classified appendix if necessary, on 
the actions the United States has taken and the actions the 
United States plans to take during the succeeding 12-month 
period to implement each of the policy objectives set forth in 
this section.
    (2) Not later than 180 days after the date of the enactment 
of this Act, the President shall submit to the Congress a 
report in unclassified form, with a classified appendix if 
necessary, which--
          (A) addresses the implications of the adoption by the 
        United States of a policy of no-first-use of nuclear 
        weapons;
          (B) addresses the implications of an agreement with 
        the other nuclear weapons states to adopt such a 
        policy; and
          (C) addresses the implications of a verifiable 
        bilateral agreement with the Russian Federation under 
        which both countries withdraw from their arsenals and 
        dismantle all tactical nuclear weapons, and seek to 
        extend to all nuclear weapons states this zero option 
        for tactical nuclear weapons.
    (d) Definitions.--For purposes of this section:
          (1) The term ``IAEA'' means the International Atomic 
        Energy Agency.
          (2) The term ``IAEA safeguards'' means the safeguards 
        set forth in an agreement between a country and the 
        IAEA, as authorized by Article III(A)(5) of the Statute 
        of the International Atomic Energy Agency.
          (3) The term ``non-nuclear weapon state'' means any 
        country that is not a nuclear weapon state.
          (4) The term ``Nuclear Non-Proliferation Treaty'' 
        means the Treaty on the Non-Proliferation of Nuclear 
        Weapons, signed at Washington, London, and Moscow on 
        July 1, 1968.
          (5) The term ``nuclear weapon state'' means any 
        country that is a nuclear-weapon state, as defined by 
        Article IX(3) of the Treaty on the Non-Proliferation of 
        Nuclear Weapons, signed at Washington, London, and 
        Moscow on July 1, 1968.
          (6) The term ``weapons-usable fissile materials'' 
        means highly enriched uranium and separated or 
        reprocessed plutonium.
          (7) The term ``policy of no first use of nuclear 
        weapons'' means a commitment not to initiate the use of 
        nuclear weapons.
          (8) The term ``START II treaty'' means the Treaty on 
        Further Reductions and Limitations of Strategic 
        Offensive Arms, signed by the United States and the 
        Russian Federation on January 3, 1993.

SEC. 1612.\24\ CONDITION ON ASSISTANCE TO RUSSIA FOR CONSTRUCTION OF 
                    PLUTONIUM STORAGE FACILITY.

    (a) Limitation.--Until a certification under subsection (b) 
is made, no funds may be obligated or expended by the United 
States for the purpose of assisting the Ministry of Atomic 
Energy of Russia to construct a storage facility for surplus 
plutonium from dismantled weapons.
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (b) \25\ Certification of Russia's Commitment to Halt 
Chemical Separation of Weapon-Grade Plutonium.--The prohibition 
in subsection (a) shall cease to apply upon a certification by 
the President to Congress that Russia--
---------------------------------------------------------------------------
    \25\ The President delegated functions authorized under subsections 
(b) and (d) to the Secretary of State in a memorandum of March 10, 1994 
(59 F.R. 14079).
---------------------------------------------------------------------------
          (1) is committed to halting the chemical separation 
        of weapon-grade plutonium from spent nuclear fuel; and
          (2) is taking all practical steps to halt such 
        separation at the earliest possible date.
    (c) Sense of Congress on Plutonium Policy.--It is the sense 
of Congress that a key objective of the United States with 
respect to the nonproliferation of nuclear weapons should be to 
obtain a clear and unequivocal commitment from the Government 
of Russia that it will (1) cease all production and separation 
of weapon-grade plutonium, and (2) halt chemical separation of 
plutonium produced in civil nuclear power reactors.
    (d) Report.--Not later than June 1, 1994, the President 
shall submit to Congress a report on the status of efforts by 
the United States to secure the commitments and achieve the 
objective described in subsections (b) and (c). The President 
shall include in the report a discussion of the status of joint 
efforts by the United States and Russia to replace any 
remaining Russian plutonium production reactors with 
alternative power sources or to convert such reactors to 
operation with alternative fuels that would permit their 
operation without generating weapon-grade plutonium.

SEC. 1613. NORTH KOREA AND THE TREATY ON THE NON-PROLIFERATION OF 
                    NUCLEAR WEAPONS.

    (a) Findings.--The Congress finds the following:
          (1) The Treaty on the Non-Proliferation of Nuclear 
        Weapons, to which 156 states are party, is the 
        cornerstone of the international nuclear 
        nonproliferation regime.
          (2) Any nonnuclear weapon state that is a party to 
        the Treaty on the Non-Proliferation of Nuclear Weapons 
        is obligated to accept International Atomic Energy 
        Agency safeguards on all source or special fissionable 
        material that is within its territory, under its 
        jurisdiction, or carried out under its control 
        anywhere.
          (3) The International Atomic Energy Agency is 
        permitted to conduct inspections in a nonnuclear weapon 
        state that is a party to the Treaty at any site, 
        whether or not declared by that state, to ensure that 
        all source or special fissionable material in that 
        state is under safeguards.
          (4) North Korea acceded to the Treaty on the Non-
        Proliferation of Nuclear Weapons as a nonnuclear 
        weapons state in December 1985.
          (5) North Korea, after acceding to that Treaty, 
        refused until 1992 to accept International Atomic 
        Energy Agency safeguards as required under the Treaty.
          (6) Inspections of North Korea's nuclear materials by 
        the International Atomic Energy Agency suggested 
        discrepancies in North Korea's declarations regarding 
        special nuclear materials.
          (7) North Korea has not given a scientifically 
        satisfactory explanation for those discrepancies.
          (8) North Korea refused to provide International 
        Atomic Energy Agency inspectors with full access to two 
        sites for the purposes of verifying its compliance with 
        the Treaty on the Non-Proliferation of Nuclear Weapons.
          (9) When called upon by the International Atomic 
        Energy Agency to provide such full access as required 
        by the Treaty, North Korea announced its intention to 
        withdraw from the Treaty, effective after the required 
        three months notice.
          (10) After intensive negotiations with the United 
        States, North Korea agreed to suspend its intention to 
        withdraw from the Treaty on the Non-Proliferation of 
        Nuclear Weapons and begin consultations with the 
        International Atomic Energy Agency on providing access 
        to its suspect sites.
          (11) In an attempt to persuade North Korea to abandon 
        its nuclear weapons program, the United States has 
        offered to discuss with North Korea specific incentives 
        that could be provided for North Korea once (A) 
        outstanding inspection issues between North Korea and 
        the International Atomic Energy Agency are resolved, 
        and (B) progress is made in bilateral talks between 
        North Korea and South Korea.
    (b) Congressional Statements.--The Congress--
          (1) notes that the continued refusal of North Korea 
        nearly eight years after ratification of the Treaty on 
        the Non-Proliferation of Nuclear Weapons to fully 
        accept International Atomic Energy Agency safeguards 
        raises serious questions regarding a possible North 
        Korean nuclear weapons program;
          (2) notes that possession by North Korea of nuclear 
        weapons (A) would threaten peace and stability in Asia, 
        (B) would jeopardize the existing nuclear non-
        proliferation regime, and (C) would undermine the goal 
        of the United States to extend the Treaty on the Non-
        Proliferation of Nuclear Weapons at the 1995 review 
        conference;
          (3) urges continued pressure from the President, 
        United States allies, and the United Nations Security 
        Council on North Korea to adhere to the Treaty and 
        provide full access to the International Atomic Energy 
        Agency in the shortest time possible;
          (4) urges the President, United States allies, and 
        the United Nations Security Council to press for 
        continued talks between North Korea and South Korea on 
        denuclearization of the Korean peninsula;
          (5) urges that no trade, financial, or other economic 
        benefits be provided to North Korea by the United 
        States or United States allies until North Korea has 
        (A) provided full access to the International Atomic 
        Energy Agency, (B) satisfactorily explained any 
        discrepancies in its declarations of bomb-grade 
        material, and (C) fully demonstrated that it does not 
        have or seek a nuclear weapons capability; and
          (6) calls on the President and the international 
        community to take steps to strengthen the international 
        nuclear nonproliferation regime.

SEC. 1614. SENSE OF CONGRESS RELATING TO THE PROLIFERATION OF SPACE 
                    LAUNCH VEHICLE TECHNOLOGIES.

    (a) Findings.--The Congress finds the following:
          (1) The United States has joined with other nations 
        in the Missile Technology Control Regime (MTCR), which 
        restricts the transfer of missiles or equipment or 
        technology that could contribute to the design, 
        development, or production of missiles capable of 
        delivering weapons of mass destruction.
          (2) Missile technology is indistinguishable from, and 
        interchangeable with, space launch vehicle technology.
          (3) Transfers of missile technology or space launch 
        vehicle technology cannot be safeguarded in a manner 
        that would provide timely warning of diversion for 
        military purposes.
          (4) It has been United States policy since agreeing 
        to the guidelines of the Missile Technology Control 
        Regime to treat the sale or transfer of space launch 
        vehicle technology as restrictively as the sale or 
        transfer of missile technology.
          (5) Previous congressional action on missile 
        proliferation, notably title XVII of the National 
        Defense Authorization Act for Fiscal Year 1991 (Public 
        Law 101-510; 104 Stat. 1738), has explicitly supported 
        the policy described in paragraph (4) through such 
        actions as the statutory definition of the term 
        ``missile'' to mean ``a category I system as defined in 
        the MTCR Annex, and any other unmanned delivery system 
        of similar capability, as well as the specially 
        designed production facilities for these systems''.
          (6) There is strong evidence that emerging national 
        space launch programs in the Third World are not 
        economically viable.
          (7) The United States has been successful in 
        dissuading other countries from pursuing space launch 
        vehicle programs in part by offering to cooperate with 
        those countries in other areas of space science and 
        technology.
          (8) The United States has successfully dissuaded 
        other MTCR adherents, and countries who have agreed to 
        abide by MTCR guidelines, from providing assistance to 
        emerging national space launch programs in the Third 
        World.
    (b) Strict Interpretation of MTCR.--The Congress supports 
the strict interpretation by the United States of the Missile 
Technology Control Regime concerning--
          (1) the inability to distinguish space launch vehicle 
        technology from missile technology under the regime; 
        and
          (2) the inability to safeguard space launch vehicle 
        technology in a manner that would provide timely 
        warning of the diversion of such technology to military 
        purposes.
    (c) Sense of Congress.--It is the sense of Congress that 
the United States Government and the governments of other 
nations adhering to the Missile Technology Control Regime 
should be recognized by the international community for--
          (1) the success of those governments in restricting 
        the export of space launch vehicle technology and of 
        missile technology; and
          (2) the significant contribution made by the 
        imposition of such restrictions to reducing the 
        proliferation of missile technology capable of being 
        used to deliver weapons of mass destruction.
    (d) Definition.--For purposes of this section, the term 
``Missile Technology Control Regime'' or ``MTCR'' means the 
policy statement, between the United States, the United 
Kingdom, the Federal Republic of Germany, France, Italy, 
Canada, and Japan, announced on April 16, 1987, to restrict 
sensitive missile-relevant transfers based on the MTCR Annex, 
and any amendments thereto.
       i. National Defense Authorization Act for Fiscal Year 1993

    Partial text of Public Law 102-484 [H.R. 5006], 106 Stat. 2315, 
  approved October 23, 1992; amended by Public Law 103-160 [National 
 Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 
1547, approved November 30, 1993; Public Law 103-337 [National Defense 
   Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663, 
    approved October 5, 1994; and by the Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996 [H.R. 1868], 
enacted by reference in sec. 301 of Public Law 104-99 [H.R. 2880], 110 
 Stat. 26, approved January 26, 1996; enacted again as Public Law 104-
       107 [H.R. 1868], 110 Stat. 755, approved February 12, 1996

 AN ACT To authorize appropriations for fiscal year 1993 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
        provide for defense conversion, 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 ``National Defense 
Authorization Act for Fiscal Year 1993''.
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

        TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

          * * * * * * *

  Subtitle C--Matters Relating to the Former Soviet Union and Eastern 
                                 Europe

SEC. 1321.\1\ NUCLEAR WEAPONS REDUCTION.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5901 note.
---------------------------------------------------------------------------
          (1) On February 1, 1992, the President of the United 
        States and the President of the Russian Federation 
        agreed in a Joint Statement that ``Russia and the 
        United States do not regard each other as potential 
        adversaries'' and stated further that, ``We will work 
        to remove any remnants of cold war hostility, including 
        taking steps to reduce our strategic arsenals''.
          (2) In the Treaty on the Non-Proliferation of Nuclear 
        Weapons, in exchange for the non-nuclear-weapon states 
        agreeing not to seek a nuclear weapons capability nor 
        to assist other non-nuclear-weapon states in doing so, 
        the United States agreed to seek the complete 
        elimination of all nuclear weapons worldwide, as 
        declared in the preamble to the Treaty, which states 
        that it is a goal of the parties to the Treaty to 
        ``facilitate the cessation of the manufacture of 
        nuclear weapons, the liquidation of all their existing 
        stockpiles, and the elimination from national arsenals 
        of nuclear weapons and the means of their delivery'' as 
        well as in Article VI of the Treaty, which states that 
        ``each of the parties to the Treaty undertakes to 
        pursue negotiations in good faith on effective measures 
        relating to the cessation of the nuclear arms race at 
        an early date and to nuclear disarmament''.
          (3) Carrying out a policy of seeking further 
        significant and continuous reductions in the nuclear 
        arsenals of all countries, besides reducing the 
        likelihood of the proliferation of nuclear weapons and 
        increasing the likelihood of a successful extension and 
        possible strengthening of the Treaty on the Non-
        Proliferation of Nuclear Weapons in 1995, when the 
        Treaty is scheduled for review and possible extension, 
        has additional benefits to the national security of the 
        United States, including--
                  (A) a reduced risk of accidental enablement 
                and launch of a nuclear weapon, and
                  (B) a defense cost savings which could be 
                reallocated for deficit reduction or other 
                important national needs.
          (4) The Strategic Arms Reduction Talks (START) Treaty 
        and the agreement by the President of the United States 
        and the President of the Russian Federation on June 17, 
        1992, to reduce the strategic nuclear arsenals of each 
        country to a level between 3,000 and 3,500 weapons are 
        commendable intermediate stages in the process of 
        achieving the policy goals described in paragraphs (1) 
        and (2).
          (5) The current international era of cooperation 
        provides greater opportunities for achieving worldwide 
        reduction and control of nuclear weapons and material 
        than any time since the emergence of nuclear weapons 50 
        years ago.
          (6) It is in the security interests of both the 
        United States and the world community for the President 
        and the Congress to begin the process of reducing the 
        number of nuclear weapons in every country through 
        multilateral agreements and other appropriate means.
          (7) In a 1991 study, a committee of the National 
        Academy of Sciences concluded that: ``The appropriate 
        new levels of nuclear weapons cannot be specified at 
        this time, but it seems reasonable to the committee 
        that U.S. strategic forces could in time be reduced to 
        1,000-2,000 nuclear warheads, provided that such a 
        multilateral agreement included appropriate levels and 
        verification measures for the other nations that 
        possess nuclear weapons. This step would require 
        successful implementation of our proposed post-START 
        U.S.-Soviet reductions, related confidence-building 
        measures in all the countries involved, and 
        multilateral security cooperation in areas such as 
        conventional force deployments and planning.''.
    (b) United States Policy.--It shall be the goal of the 
United States--
          (1) to encourage and facilitate the denuclearization 
        of Ukraine, Byelarus, and Kazakhstan, as agreed upon in 
        the Lisbon ministerial meeting of May 23, 1992;
          (2) to rapidly complete and submit for ratification 
        by the United States the treaty incorporating the 
        agreement of June 17, 1992, between the United States 
        and the Russian Federation to reduce the number of 
        strategic nuclear weapons in each country's arsenal to 
        a level between 3,000 and 3,500;
          (3) to facilitate the ability of the Russian 
        Federation, Ukraine, Byelarus, and Kazakhstan to 
        implement agreed mutual reductions under the START 
        Treaty, and under the Joint Understanding of June 16-
        17, 1992 between the United States and the Russian 
        Federation, on an accelerated timetable, so that all 
        such reductions can be completed by the year 2000;
          (4) to build on the agreement reached in the Joint 
        Understanding of June 16-17, 1992, by entering into 
        multilateral negotiations with the Russian Federation, 
        the United Kingdom, France, and the People's Republic 
        of China, and, at an appropriate point in that process, 
        enter into negotiations with other nuclear armed states 
        in order to reach subsequent stage-by-stage agreements 
        to achieve further reductions in the number of nuclear 
        weapons in all countries;
          (5) to continue and extend cooperative discussions 
        with the appropriate authorities of the former Soviet 
        military on means to maintain and improve secure 
        command and control over nuclear forces;
          (6) in consultation with other member countries of 
        the North Atlantic Treaty Organization and other 
        allies, to initiate discussions to bring tactical 
        nuclear weapons into the arms control process; and
          (7) to ensure that the United States assistance to 
        securely transport and store, and ultimately dismantle, 
        former Soviet nuclear weapons and missiles for such 
        weapons is being properly and effectively utilized.
    (c) Annual Report.--By February 1 of each year, the 
President shall submit to the Congress a report on--
          (1) the actions that the United States has taken, and 
        the actions the United States plans to take during the 
        next 12 months, to achieve each of the goals set forth 
        in paragraphs (1) through (6) of subsection (b); and
          (2) the actions that have been taken by the Russian 
        Federation, by other former Soviet republics, and by 
        other countries to achieve those goals.
Each such report shall be submitted in unclassified form, with 
a classified appendix if necessary.

SEC. 1322.\2\ VOLUNTEERS INVESTING IN PEACE AND SECURITY (VIPS) 
                    PROGRAM. * * *
---------------------------------------------------------------------------

    \2\ For amendment to 10 U.S.C. 1801-1805, see Legislation on 
Foreign Relations Through 2001, vol. I-B. Freestanding subsections of 
sec. 1322 may also be found in that volume.
---------------------------------------------------------------------------
          * * * * * * *

                       Subtitle G--Other Matters

          * * * * * * *

SEC. 1364. REPORT ON INTERNATIONAL MINE CLEARING EFFORTS IN REFUGEE 
                    SITUATIONS.

    (a) Findings.--The Congress finds that--
          (1) an estimated 10-20 million mines are scattered 
        across Cambodia, Afghanistan, Somalia, Angola, and 
        other countries which have experienced conflict; and
          (2) refugee repatriation and other humanitarian 
        programs are being seriously hampered by the widespread 
        use of anti-personnel mines in regional conflicts and 
        civil wars.
    (b) Report.--(1) The President shall provide a report on 
international mine clearing efforts in situations involving the 
repatriation and resettlement of refugees and displaced 
persons.
    (2) The report shall include the following:
          (A) An assessment of mine clearing needs in countries 
        to which refugees and displaced persons are now 
        returning, or are likely to return within the near 
        future, including Cambodia, Angola, Afghanistan, 
        Somalia and Mozambique, and an assessment of current 
        international efforts to meet the mine clearing needs 
        in the countries covered by the report.
          (B) An analysis of the specific types of mines in the 
        individual countries assessed and the availability of 
        technology and assets within the international 
        community for their removal.
          (C) An assessment of what additional technologies and 
        assets would be required to complete, expedite or 
        reduce the costs of mine clearing efforts.
          (D) An evaluation of the availability of technologies 
        and assets within the United States Government which, 
        if called upon, could be employed to augment or 
        complete mine clearing efforts in the countries covered 
        by the report.
          (E) An evaluation of the desirability, feasibility 
        and potential cost of United States assistance on 
        either a unilateral or multilateral basis in such mine 
        clearing operations.
    (3) The report shall be submitted to the Congress not later 
than 180 days after the date of the enactment of this Act.

SEC. 1365.\3\ LANDMINE EXPORT MORATORIUM.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2778 note.
---------------------------------------------------------------------------
          (1) Anti-personnel landmines, which are specifically 
        designed to maim and kill people, have been used 
        indiscriminately in dramatically increasing numbers, 
        primarily in insurgencies in poor developing countries. 
        Noncombatant civilians, including tens of thousands of 
        children, have been the primary victims.
          (2) Unlike other military weapons, landmines often 
        remain implanted and undiscovered after conflict has 
        ended, causing untold suffering to civilian 
        populations. In Afghanistan, Cambodia, Laos, Vietnam, 
        and Angola, tens of millions of unexploded landmines 
        have rendered whole areas uninhabitable. In 
        Afghanistan, an estimated hundreds of thousands of 
        people have been maimed and killed by landmines during 
        the 14-year civil war. In Cambodia, more than 20,000 
        civilians have lost limbs and another 60 are being 
        maimed each month from landmines.
          (3) Over 35 countries are known to manufacture 
        landmines, including the United States. However, the 
        United States is not a major exporter of landmines. 
        During the past ten years the Department of State has 
        approved ten licenses for the commercial export of 
        anti-personnel landmines valued at $980,000, and during 
        the past five years the Department of Defense has 
        approved the sale of 13,156 anti-personnel landmines 
        valued at $841,145.
          (4) The United States signed, but has not ratified, 
        the 1981 Convention on Prohibitions or Restrictions on 
        the Use of Certain Conventional Weapons Which May Be 
        Deemed To Be Excessively Injurious or To Have 
        Indiscriminate Effects. The Convention prohibits the 
        indiscriminate use of landmines.
          (5) When it signed the Convention, the United States 
        stated: ``We believe that the Convention represents a 
        positive step forward in efforts to minimize injury or 
        damage to the civilian population in time of armed 
        conflict. Our signature of the Convention reflects the 
        general willingness of the United States to adopt 
        practical and reasonable provisions concerning the 
        conduct of military operations, for the purpose of 
        protecting noncombatants.''.
          (6) The President should submit the Convention to the 
        Senate for its advice and consent to ratification, and 
        the President should actively negotiate under United 
        Nations auspices or other auspices an international 
        agreement, or a modification of the Convention, to 
        prohibit the sale, transfer or export of anti-personnel 
        landmines. Such an agreement or modification would be 
        an appropriate response to the end of the Cold War and 
        the promotion of arms control agreements to reduce the 
        indiscriminate killing and maiming of civilians.
          (7) The United States should set an example for other 
        countries in such negotiations, by implementing a one-
        year moratorium on the sale, transfer or export of 
        anti-personnel landmines.
    (b) Statement of Policy.--(1) It shall be the policy of the 
United States to seek verifiable international agreements 
prohibiting the sale, transfer, or export, and further limiting 
the use, production, possession, and deployment of anti-
personnel landmines.
    (2) It is the sense of the Congress that the President 
should actively seek to negotiate under United Nations auspices 
or other auspices an international agreement, or a modification 
of the Convention, to prohibit the sale, transfer, or export of 
anti-personnel landmines.
    (c) Moratorium on Transfers of Anti-Personnel Landmines 
Abroad.--During the five-year period beginning on October 23, 
1992--\4\
---------------------------------------------------------------------------
    \4\ Sec. 1423(c) of Public Law 103-160 (107 Stat. 1832) struck out 
``For a period of one year beginning on the date of the enactment of 
this Act'', and inserted in lieu thereof ``During the four-year period 
beginning on October 23, 1992''. Sec. 558 of Public Law 104-107 (110 
Stat. 743) subsequently struck this out and inserted ``During the five-
year period beginning on October 23, 1992''.
---------------------------------------------------------------------------
          (1) no sale may be made or financed, no transfer may 
        be made, and no license for export may be issued, under 
        the Arms Export Control Act, with respect to any anti-
        personnel landmine; and
          (2) no assistance may be provided under the Foreign 
        Assistance Act of 1961, with respect to the provision 
        of any anti-personnel landmine.
    (d) \5\ Definition.--For purposes of this section, the term 
``anti-personnel landmine'' means--
---------------------------------------------------------------------------
    \5\ Sec. 1182(c)(3) of Public Law 103-160 (107 Stat. 1772) struck 
out ``(e) Definition.--'' and inserted in lieu thereof ``(d) 
Definition.--''.
---------------------------------------------------------------------------
          (1) any munition placed under, on, or near the ground 
        or other surface area, or delivered by artillery, 
        rocket, mortar, or similar means or dropped from an 
        aircraft and which is designed to be detonated or 
        exploded by the presence, proximity, or contact of a 
        person;
          (2) any device or material which is designed, 
        constructed, or adapted to kill or injure and which 
        functions unexpectedly when a person disturbs or 
        approaches an apparently harmless object or performs an 
        apparently safe act;
          (3) any manually-emplaced munition or device designed 
        to kill, injure, or damage and which is actuated by 
        remote control or automatically after a lapse of time.

       TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION \6\

          * * * * * * *
---------------------------------------------------------------------------
    \6\ For text of this title, the ``Former Soviet Union 
Demilitarization Act of 1992'', see page 1651.
---------------------------------------------------------------------------

                     TITLE XV--NONPROLIFERATION \7\

          * * * * * * *
---------------------------------------------------------------------------
    \7\ For text of this title, the ``Weapons of Mass Destruction 
Control Act of 1992'', see page 1760.
---------------------------------------------------------------------------

      TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 \8\

          * * * * * * *
---------------------------------------------------------------------------
    \8\ For text of this title, the ``Iran-Iraq Arms Non-Proliferation 
Act of 1992'', see page 1767.
---------------------------------------------------------------------------

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

     Subtitle D--International Fissile Material and Warhead Control

SEC. 3151. NEGOTIATIONS.

    (a) In General.--The Congress urges the President to enter 
into negotiations with member states of the Commonwealth of 
Independent States, to complement ongoing and future arms 
reduction negotiations and agreements, with the goal of 
achieving verifiable agreements in the following areas:
          (1) Dismantlement of nuclear weapons.
          (2) The safeguard and permanent disposal of nuclear 
        materials.
          (3) An end by the United States and member states of 
        the Commonwealth of Independent States to the 
        production of plutonium and highly enriched uranium for 
        nuclear weapons.
          (4) The extension of negotiations on these issues to 
        all nations capable of producing nuclear weapons 
        materials.
    (b) Exchanges of Information.--The Congress urges the 
President, in order to establish a data base on production 
capabilities of member states of the Commonwealth of 
Independent States and their stockpiles of fissile materials 
and nuclear weapons, to seek to achieve agreements with such 
states to reciprocally release information on--
          (1) United States and the member states nuclear 
        weapons stockpiles, including the number of warheads 
        and bombs by type, and schedules for weapons production 
        and dismantlement;
          (2) the location, mission, and maximum annual 
        production capacity of United States and member states 
        facilities that are essential to the production of 
        tritium for replenishment of that nation's tritium 
        stockpile;
          (3) the inventory of United States and member states 
        facilities dedicated to the production of plutonium and 
        highly enriched uranium for weapons purposes; and
          (4) United States and members states stockpiles of 
        plutonium and highly enriched uranium used for nuclear 
        weapons.
    (c) Technical Working Groups.--The Congress urges the 
President, in order to facilitate the achievement of agreements 
referred to in subsection (a), to establish with member states 
of the Commonwealth of Independent States and with other 
nations capable of producing nuclear weapons material bilateral 
or multilateral technical working groups to examine and 
demonstrate cooperative technical monitoring and inspection 
arrangements that could be applied to the verification of--
          (1) information on mission, location, and maximum 
        annual production capacity of nuclear material 
        production facilities and the size of stockpiles of 
        plutonium and highly enriched uranium;
          (2) nuclear arms reduction agreements that would 
        include provisions requiring the verifiable 
        dismantlement of nuclear warheads; and
          (3) bilateral or multilateral agreements to halt the 
        production of plutonium and highly enriched uranium for 
        nuclear weapons.
    (d) Report.--The President shall submit to the Congress, 
not later than March 31, 1993, a report on the progress made by 
the President in implementing the actions called for in 
subsections (a) through (c).
    (e) Production by Commonwealth of Independent States.--The 
Congress urges the Presidents of the member states of the 
Commonwealth of Independent States--
          (1) to institute a moratorium on production of 
        plutonium and highly enriched uranium for nuclear 
        weapons; and
          (2) to pledge to continue such moratorium for so long 
        as the United States does not produce such materials.

SEC. 3152. AUTHORITY TO RELEASE CERTAIN RESTRICTED DATA.

    Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 
2162) is amended by adding at the end the following new 
subsection: * * *

SEC. 3153. DEVELOPMENT AND DEMONSTRATION PROGRAM.

    (a) Program.--Of funds authorized to be appropriated in 
section 3104 for fiscal year 1993 for verification and control 
activities, $10,000,000 shall be available only to carry out a 
program--
          (1) to develop and demonstrate a means for verifiable 
        dismantlement of nuclear warheads;
          (2) to safeguard and dispose of nuclear materials; 
        and
          (3) to develop reliable techniques and procedures for 
        verifying a global ban on the production of fissile 
        materials for weapons purposes.
  (b) Report.--The Secretary shall include a report on such 
program in budget justification documents submitted to Congress 
in support of the budget of the Department of Energy for fiscal 
year 1994. The report shall be submitted in both classified and 
unclassified form.

SEC. 3154. PRODUCTION OF TRITIUM.

    Nothing in this part may be construed as intending to 
affect the production of tritium.
          * * * * * * *
  j. National Defense Authorization Act for Fiscal Years 1992 and 1993

    Partial text of Public Law 102-190 [H.R. 2100], 105 Stat. 1290, 
                       approved December 5, 1991

 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

          * * * * * * *

                         Part F--Other Matters

          * * * * * * *

SEC. 153. LIMITATIONS RELATING TO REDEPLOYMENT OF MINUTEMAN III ICBMS.

  (a) Prohibition Regarding Operationally Deployed Missiles.--
Funds appropriated for fiscal year 1992 or any fiscal year 
preceding fiscal year 1992 pursuant to an authorization 
contained in this or any other Act may not be obligated or 
expended for the redeployment or transfer of operationally 
deployed Minuteman III intercontinental ballistic missiles from 
one Air Force ICBM base to another Air Force ICBM base.
  (b) Limitation Regarding Stored Missiles.--No Minuteman III 
missile in storage may be transferred to a Minuteman II silo 
until the Secretary of Defense submits to Congress a plan for 
the restructuring of the United States strategic forces 
consistent with the strategic arms reduction talks (START) 
treaty signed by the United States and the Soviet Union. Such 
plan shall include--
          (1) a discussion of the force structure options that 
        were considered in developing the plan;
          (2) for each option, the locations for the Minuteman 
        III ICBMs and Small ICBMs and the number of each such 
        type of missile for each location;
          (3) the cost of each such option; and
          (4) the reasons for selecting the force structure 
        provided for in the plan.
          * * * * * * *

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

                         Part C--Miscellaneous

          * * * * * * *

SEC. 3140. REPORT ON SCHEDULE FOR RESUMPTION OF NUCLEAR TESTING TALKS 
                    AND TEST BAN READINESS PROGRAM.

  (a) Sense of Congress.--It is the sense of Congress that the 
United States and the Soviet Union share a special 
responsibility to resume the Nuclear Testing Talks to continue 
negotiations toward additional limitations on nuclear weapons 
testing.
  (b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
report containing a proposed schedule for resumption of the 
Nuclear Testing Talks and identifying the goals to be pursued 
in those talks.
  (c) Nuclear Test Ban Readiness Program.--Of the funds 
appropriated to the Department of Energy for fiscal year 1992 
for weapons activities, $20,000,000 shall be available to 
conduct the nuclear test ban readiness program established 
pursuant to section 1436 of the National Defense Authorization 
Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 
note).

SEC. 3141. WARHEAD DISMANTLEMENT AND MATERIAL DISPOSAL.

  (a) Findings.--The Congress makes the following findings:
          (1) On September 27, 1991, the President announced as 
        part of a unilateral initiative designed to ``enhance 
        stability and reduce the risk of nuclear war,'' that 
        the United States should explore with the Soviet Union 
        ``joint technical cooperation on the safe and 
        environmentally responsible storage, transportation, 
        dismantling, and destruction of nuclear weapons''.
          (2) On October 5, 1991, the President of the Soviet 
        Union stated in response that ``We hereby stress 
        readiness to embark on a specific dialogue with the 
        United States on the elaboration of safe and 
        ecologically responsible technologies for the storage 
        and transportation of nuclear warheads and nuclear 
        charges, and to design jointly measures to enhance 
        nuclear safety''.
          (3) The President's initiative and the Soviet 
        response hold out the prospect of enhancing stability 
        and reducing the risk of nuclear war.
  (b) Congressional Endorsement.--Congress strongly endorses 
the initiative proposed by the President and the Soviet 
response and looks forward--
          (1) to hearing the proposed initiatives of the 
        President during the congressional review of the 
        President's proposed budget for fiscal year 1993; and
          (2) to helping facilitate such initiatives through 
        appropriate legislative measures which are requested by 
        the President.
  (c) Warhead Dismantlement.--Of the funds appropriated to the 
Department of Energy for fiscal year 1992 for weapons 
activities, $10,000,000 shall be available to conduct a program 
to develop and demonstrate a means for verifiable dismantlement 
of nuclear warheads.

SEC. 3142. REPORT ON NUCLEAR WEAPONS MATTERS.

  (a) Report.--Not later than April 1, 1992, the President 
shall submit to the congressional defense committees a report 
containing the following:
          (1) Information on the national security requirements 
        of each of the following items, for the period 
        beginning on September 30, 1991, and ending on 
        September 30, 2001:
                  (A) The planned stockpile of nuclear weapons.
                  (B) The amount of tritium necessary to 
                maintain the planned stockpile, including--
                          (i) the amount of tritium available 
                        from inventory;
                          (ii) the amount of tritium that must 
                        be produced and when; and
                          (iii) an assessment of the need for 
                        and duration of operation of the K-
                        reactor, located at the Savannah River 
                        Site in South Carolina.
                  (C) The feasibility and desirability of use 
                of W-76 warheads in place of W-88 warheads in 
                the Trident II missiles carried by Trident 
                Fleet Ballistic Missile submarines.
                  (D) The need for and duration of operation of 
                the Rocky Flats Plant facilities (other than 
                Building 559) located at Golden, Colorado, for 
                the purposes of--
                          (i) production of W-88 warheads; and
                          (ii) plutonium operations other than 
                        warhead production.
                  (E) The earliest practicable date for the 
                commencement of operation of facilities that 
                replace the K-reactor and the Rocky Flats 
                Plant, including an assessment of the effect of 
                a delay (beyond the second quarter of fiscal 
                year 1992) in the selection of the site and the 
                technology for the new production reactor.
          (2) A plan for assistance to the workforce at Rocky 
        Flats and the K-reactor, including retraining for new 
        employment opportunities at the sites, that could be 
        provided in the event that either facility ceases 
        production.
  (b) Form of Report.--The report required by subsection (a) 
shall be submitted in classified and unclassified form.
          * * * * * * *
       k. National Defense Authorization Act for Fiscal Year 1991

Partial text of Public Law 101-510 [H.R. 4739], 104 Stat. 1485 at 1689, 
                       approved November 5, 1990

 AN ACT To authorize appropriations for fiscal year 1991 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal years for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                     TITLE XIV--GENERAL PROVISIONS

          * * * * * * *

                      Part D--Arms Control Matters

          * * * * * * *

SEC. 1441. SENSE OF CONGRESS ON ADDITIONAL NUCLEAR RISK REDUCTION 
                    MEASURES

  (a) Findings.--Congress makes the following findings:
          (1) On June 1, 1990, the President of the United 
        States and the President of the Soviet Union signed a 
        document entitled ``Joint Statement on Future 
        Negotiations on Nuclear and Space Arms and Further 
        Enhancing Strategic Stability''.
          (2) In that document, the two nations pledged to 
        pursue additional confidence-building and 
        predictability measures ``that would reduce the 
        possibility of an outbreak of nuclear war as a result 
        of accident, miscalculation, terrorism, or unexpected 
        technological breakthrough, and would prevent possible 
        incidents between them''.
          (3) As a result of the recent increase in ethnic, 
        national, economic, and political tensions within the 
        Soviet Union, concern has heightened regarding the 
        possible unauthorized or accidental use of Soviet 
        nuclear weapons.
          (4) It has been four years since the Department of 
        Defense conducted a comprehensive review of its nuclear 
        control procedures and failsafe mechanisms.
          (5) The Joint Chiefs of Staff, in its 1990 Joint 
        Military Net Assessment, concluded that with the recent 
        changes in the global security environment ``the risk 
        of nuclear deterrence failing is assessed to be low and 
        at this moment to be decreasing''.
          (6) While Congress is concerned about continued 
        strategic offensive and defensive modernization by the 
        Soviet Union and the unpredictable status of the 
        domestic situation in the Soviet Union, at this stage 
        the lessened prospects that nuclear weapons of the 
        United States might have to be employed may afford an 
        opportunity to reconsider past reluctance to use 
        certain positive control measures, such as the 
        installation of permissive action links (PALs) on 
        nuclear weapons deployed at sea by the United States 
        and the installation of post-launch destruct mechanisms 
        on intercontinental ballistic missiles (ICBMs) and 
        submarine launched ballistic missiles (SLBMs) deployed 
        by the United States, as long as appropriate security 
        measures can be developed to protect the integrity of 
        such destruct mechanisms.
          (7) On September 15, 1987, the United States and the 
        Soviet Union agreed to establish Nuclear Risk Reduction 
        Centers (NRRCs) in Washington and Moscow.
          (8) The NRRCs have made a useful contribution to 
        lowering the risks of accidental or inadvertent nuclear 
        war and are capable of taking on expanded roles.
  (b) Sense of Congress.--It is the sense of Congress--
          (1) that the President of the United States and the 
        President of the Union of Soviet Socialist Republics 
        are to be commended for their June 1, 1990, joint 
        statement to pursue additional nuclear confidence-
        building measures; and
          (2) that, in keeping with that joint statement, the 
        President--
                  (A) should invite the Soviet Union to join 
                with the United States in conducting separate 
                but parallel, comprehensive reviews of each 
                nation's own nuclear control procedures and 
                failsafe mechanisms; and
                  (B) should propose to the Soviet Union that 
                representatives of the two nations engage in 
                discussions with the objective of agreeing on 
                additional roles and functions that could be 
                assigned to the Nuclear Risk Reduction Centers 
                to further lessen the risks of the outbreak of 
                nuclear war as the result of misinterpretation, 
                miscalculation, or accident.
  (c) Report on Additional Measures.--Not later than March 1, 
1991, the President shall submit to Congress a report (in both 
classified and unclassified form) assessing additional nuclear 
risk reduction measures which could be implemented pursuant to 
the joint statement of June 1, 1990, referred to in subsection 
(b), including the following:
          (1) Assigning to the Nuclear Risk Reduction Centers 
        (NRRCs) such expanded roles as the following:
                   (A) Serving as a forum for discussions 
                between the two nations on responding to 
                possible nuclear terrorism.
                  (B) Transmitting notifications that may be 
                required under future arms control treaties.
                  (C) Transmitting non-urgent notifications and 
                information requests required under Article 5 
                of the 1971 Agreement on Measures to Reduce the 
                Risk of Outbreak of Nuclear War Between the 
                United States and the Union of Soviet Socialist 
                Republics.
                  (D) Providing a forum for discussions between 
                the United States and the Soviet Union on 
                restricting nuclear, chemical, and missile 
                proliferation.
                  (E) Serving as a meeting place for high-level 
                military discussions on nuclear doctrines, 
                forces and activities, and regional security 
                concerns.
          (2) Installation of post-launch destruct mechanisms 
        on all intercontinental ballistic missiles (ICBMs) and 
        submarine launched ballistic missiles (SLBMs) deployed 
        by the United States.
          (3) Installation by the United States of permissive 
        action links (PALs) on all nuclear weapons at sea.

SEC. 1442. START AND STRATEGIC MODERNIZATION

  (a) Findings.--The Congress makes the following findings:
          (1) The United States and the Soviet Union are 
        engaged in the Strategic Arms Reduction Talks (START) 
        in Geneva.
          (2) In the Joint Statement on the Treaty on Strategic 
        Offensive Arms signed in June 1990, the two sides 
        reaffirmed their determination to have a START 
        agreement completed and ready for signature by the end 
        of 1990.
          (3) Under the provisions of a START agreement, both 
        sides will carry out significant reductions in 
        strategic offensive arms.
          (4) In the Joint Statement on Future Negotiations on 
        Nuclear and Space Arms and Further Enhancing Strategic 
        Stability, the United States and the Soviet Union 
        agreed to pursue new talks on strategic offensive arms, 
        and on the relationship between strategic offensive and 
        defensive arms.
          (5) The objectives of these negotiations will be to 
        reduce further the risk of outbreak of war, 
        particularly nuclear war, and to ensure strategic 
        stability, transparency and predictability through 
        further stabilizing reductions in the strategic 
        arsenals of both countries.
          (6) The President's effort to negotiate such 
        agreements is dependent upon the maintenance of a 
        vigorous research and development and modernization 
        program as required for a prudent defense posture.
          (7) The Soviet Union has maintained a robust 
        strategic modernization program throughout the course 
        of the START negotiations which continues today.
  (b) It is the sense of the Congress that--
          (1) the Congress fully supports United States efforts 
        to enhance strategic stability; and
          (2) the United States should pursue stabilizing 
        strategic arms reduction agreements while maintaining a 
        vigorous research and development and modernization 
        program for United States strategic forces as required 
        for a prudent defense posture.

SEC. 1443. STRATEGIC ARMS REDUCTION TALKS AGREEMENT

  (a) Sense of Congress.--It is the sense of the Congress that 
the President, before concluding an agreement in the Strategic 
Arms Reduction Talks, should provide to Congress--
          (1) a report on whether the SS-23 INF missiles of 
        Soviet manufacture, which the Soviet Union has 
        confirmed have been stationed in the territory of the 
        former German Democratic Republic and in the 
        territories of Czechoslovakia and Bulgaria, constitute 
        a violation of the INF Treaty or constitute deception 
        in the INF negotiations, and whether the United States 
        has reliable assurances that those missiles will be 
        destroyed; and
          (2) a report on whether the Krasnoyarsk radar, which 
        the Foreign Minister of the Soviet Union admitted is a 
        clear violation of the 1972 ABM Treaty, has been 
        verifiably dismantled in accordance with United States 
        criteria.
  Form of Reports.--The reports under paragraphs (1) and (2) of 
subsection (a) should be submitted in both classified and 
unclassified form.
          * * * * * * *

                TITLE XVII--MISSILE TECHNOLOGY CONTROLS

Sec. 1701. Policy.
Sec. 1702. Amendment to the Export Administration Act of 1979.
Sec. 1703. Amendment to the Arms Export Control Act of 1979.
Sec. 1704. Report on missile proliferation.\1\

SEC. 1701.\2\ POLICY

  It should be the policy of the United States to take all 
appropriate measures--
---------------------------------------------------------------------------
    \1\ Sec. 1704 was superseded by sec. 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
    \2\ 50 U.S.C. app. 2402 note.
---------------------------------------------------------------------------
          (1) to discourage the proliferation, development, and 
        production of the weapons, material, and technology 
        necessary to produce or acquire missiles that can 
        deliver weapons of mass destruction;
          (2) to discourage countries and private persons in 
        other countries from aiding and abetting any states 
        from acquiring such weapons, material, and technology;
          (3) to strengthen United States and existing 
        multilateral export controls to prohibit the flow of 
        materials, equipment, and technology that would assist 
        countries in acquiring the ability to produce or 
        acquire missiles that can deliver weapons of mass 
        destruction, including missiles, warheads and 
        weaponization technology, targeting technology, test 
        and evaluation technology, and range and weapons effect 
        measurement technology; and
          (4) with respect to the Missile Technology Control 
        Regime (``MTCR'') and its participating governments--
                  (A) to improve enforcement and seek a common 
                and stricter interpretation among MTCR members 
                of MTCR principles;
                  (B) to increase the number of countries that 
                adhere to the MTCR; and
                  (C) to increase information sharing among 
                United States agencies and among governments on 
                missile technology transfer, including export 
                licensing, and enforcement activities.

SEC. 1702.\3\ AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979 * * *

SEC. 1703.\4\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT * * *

SEC. 1704.\5\ * * * [REPEALED--1991]

      
---------------------------------------------------------------------------
    \3\ For text of amendment to sec. 6 and the addition of new sec. 
11B of the Export Administration Act of 1979, see Legislation on 
Foreign Relations Through 2000, vol. III, sec. J.
    \4\ Sec. 1703 added chapter 7, secs. 71-74 to the Arms Export 
Control Act. For text, see Legislation on Foreign Relations Through 
2001, vol. I-A.
    \5\ Sec. 1704 was superseded by sec. 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 
105 Stat. 1489), and repealed by sec. 1097(g) of that Act.
  l. National Defense Authorization Act for Fiscal Years 1990 and 1991

Partial text of Public Law 101-189 [H.R. 2461], 103 Stat. 1352 at 1539, 
                       approved November 29, 1989

 AN ACT To authorize appropriations for fiscal years 1990 and 1991 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE X--MATTERS RELATING TO ARMS CONTROL

SEC. 1001. PRESIDENTIAL REPORT ON POSSIBLE EFFECTS OF A STRATEGIC ARMS 
                    REDUCTION AGREEMENT ON TRIDENT PROGRAM

  (a) Report.--Not later than April 1, 1990, the President 
shall submit to Congress a comprehensive report on the Trident 
program under a possible Strategic Arms Reduction Talks (START) 
agreement. The report shall address the following issues:
          (1) The objective for the size of the Trident 
        submarine force fleet both with and without a START 
        agreement.
          (2) The implications for United States strategic 
        force posture under a START agreement of a fleet of 21 
        or more Trident submarines, each with 192 warheads on 
        24 ballistic missiles, under two different assumptions, 
        as follows:
                  (A) All such warheads are accountable under 
                START limits.
                  (B) The warheads on one-to-three Trident 
                submarines are not accountable under START 
                limits.
          (3) A net assessment of the implications for United 
        States security of a START agreement that allows the 
        Soviet Union as well as the United States to have an 
        equivalent number of warheads on submarines that are 
        not accountable under START limits.
          (4) The technical feasibility and cost implications 
        of various options for reducing the number of warheads 
        on Trident submarines, including those submarines 
        already built, those under construction, and those yet 
        to be built.
          (5) The verification challenges to the United States 
        posed by such options if the Soviet Union were to adopt 
        them in its ballistic missile submarine forces.
  (b) Form of Report.--The President shall submit the report 
under subsection (a) in both classified and unclassified 
versions.
  (c) Waiver.--The President may waive the requirements of 
subsection (a) if he has signed a START agreement or other 
strategic arms reduction agreement with the Soviet Union before 
the date by which the report is otherwise required to be 
submitted.

SEC. 1002. PRESIDENTIAL REPORT ON THE VERIFICATION WORK THAT HAS BEEN 
                    CONDUCTED WITH REGARD TO MOBILE ICBMS UNDER A START 
                    AGREEMENT

  (a) Findings.--Congress makes the following findings:
          (1) The United States must have confidence that any 
        agreement achieved through the Strategic Arms 
        Limitation Talks (START) in Geneva will be effectively 
        verifiable.
          (2) The position of the United States at the START 
        negotiations, from 1985 until September 1989, was to 
        ban the deployment of mobile intercontinental ballistic 
        missiles (ICBMs) under a START regime unless an 
        effective verification regime could be identified and 
        implemented. In September 1989, the United States 
        announced that it was withdrawing its proposal for the 
        ban of mobile ICBMs, contingent upon Congress providing 
        funds for mobile ICBMs to be deployed by the United 
        States.
          (3) The Soviet Union has deployed two mobile ICBM 
        systems, the SS-24 and the SS-25.
          (4) The President conducted a strategic review during 
        the period between January 20, 1989, and the resumption 
        of the START negotiations on June 15, 1989.
  (b) Presidential Report.--Not later than March 31, 1990, the 
President shall submit to Congress a report (in classified and 
unclassified form) describing all studies that have been 
performed between March 1985 and August 1989 by agencies of the 
United States Government with regard to the capability of the 
United States to monitor and verify a START agreement which 
allows mobile ICBMs. The report shall include the following:
          (1) A description of each study conducted by United 
        States Government agencies during the strategic review 
        referred to in subsection (a)(4) to determine the 
        ability of the United States to verify limitations on 
        mobile ICBMs of the Soviet Union under a START 
        agreement, including a summary of the conclusions 
        reached under each such study.
          (2) A description of any so-called ``Red Team'' study 
        conducted between March 1985 and August 1989 with 
        regard to the existence of mobile ICBMs under a START 
        regime, including a summary of the conclusions reached 
        under each such study.
          (3) A description of each study conducted by United 
        States Government agencies between March 1989 and 
        August 1989 to assess the value of various options 
        relating to the verification of mobile ICBMs (such 
        options to include the option known as ``tagging'' and 
        the establishment of designated deployment areas), 
        including a summary of the conclusions reached under 
        each such study.

SEC. 1003. SENSE OF CONGRESS ON START TALKS

  Congress hereby reaffirms the sense of Congress expressed in 
the second session of the 100th Congress (in section 902 of the 
National Defense Authorization Act, Fiscal Year 1989 (Public 
Law 100-456; 102 Stat. 2031)) \1\ that any agreement negotiated 
by the President to achieve a reduction and limitation on 
strategic arms (through the Strategic Arms Reduction Talks in 
Geneva or otherwise)--
---------------------------------------------------------------------------
    \1\ Sec. 902 of Public Law 100-456 stated a sense of the Congress 
on START talks identical to par. (1) and (2).
---------------------------------------------------------------------------
          (1) should not prevent the United States from 
        deploying a force structure under the agreement which 
        emphasizes survivable strategic systems and, in 
        particular, should not in any way compromise the 
        security of the United States ballistic-missile 
        carrying submarine force; and
          (2) should not prohibit or limit the deployment of 
        non-nuclear cruise missiles.

SEC. 1004. REPORT ON ASYMMETRIES IN CAPABILITIES OF UNITED STATES AND 
                    SOVIET UNION TO PRODUCE AND DEPLOY BALLISTIC 
                    MISSILE DEFENSE SYSTEMS

  (a) Study Required.--The Secretary of Defense shall conduct a 
study on the asymmetry in the near-term capabilities of the 
United States and the Soviet Union to deploy ballistic missile 
defenses beyond those permitted under the 1972 ABM Treaty. The 
study shall be conducted in coordination with the Director of 
Central Intelligence.
  (b) Matters To Be Included in Study.--Subject to subsection 
(e), the study shall include the following:
          (1) An assessment of the likelihood of a breakout by 
        the Soviet Union from the 1972 ABM Treaty in the next 
        five years and the assumptions used for that 
        assessment.
          (2) An assessment of the capability of the Soviet 
        Union to exploit a situation in which the limitations 
        of the 1972 ABM Treaty do not apply, including a 
        detailed assessment of the capabilities of the Soviet 
        Union to produce--
                  (A) space-based anti-ballistic missile (ABM) 
                launchers and interceptors;
                  (B) ground-based ABM launchers and 
                interceptors; and
                  (C) the infrastructure for ABM battle 
                management command, control, and 
                communications.
          (3) An assessment of the production base of the 
        United States for production of the elements specified 
        in subparagraphs (A), (B), and (C) of paragraph (2), 
        including an estimate of how quickly the United States 
        could respond to a breakout by the Soviet Union in each 
        of those elements.
  (c) Study To Assess Possible United States Response to Soviet 
Breakout.--(1) The study shall also include an assessment of 
the immediate and long-term actions that could be taken by the 
United States to respond to redress any asymmetry in the 
potential of the United States and the Soviet Union to exploit 
a breakout by the Soviet Union from the 1972 ABM Treaty.
  (2) That assessment shall include an evaluation of the 
actions that would be necessary to support--
          (A) a one-site ABM system (as allowed under the 
        Treaty); or
          (B) an expanded ABM system unconstrained by the 
        limitations of the 1972 ABM Treaty.
  (3) Such assessment shall specifically address the required 
actions, and the costs associated with those actions, to 
support both the one-site ABM system and the expanded ABM 
system to be evaluated under paragraph (2), including (A) the 
upgrading and expansion of the existing United States radar 
network, (B) the use of existing inactive ABM components at 
Grand Forks, North Dakota, and (C) the development and 
deployment of other required components.
  (d) Report.--Not later than the date on which the budget for 
fiscal year 1991 is submitted to Congress pursuant to section 
1105 of title 31, United States Code, the Secretary of Defense 
shall submit to Congress a report on the study under subsection 
(a). The report shall be submitted in both classified and 
unclassified form. The report shall specify the results of the 
study under subsection (a), including each matter required to 
be included in the study under this section.
  (e) Waiver of Required Study Feature.--The study under 
subsection (a) need not include the assessment referred to in 
subsection (b)(1) if, before the date of the submission of the 
report required by subsection (d) with respect to the study, 
the President submits to Congress the report required by 
section 907 of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2034), regarding 
antiballistic missile capabilities and activities of the Soviet 
Union (such report having been required by subsection (c) of 
such section to be submitted not later than January 1, 1989).
  (f) 1972 ABM Treaty Defined.--For purposes of this section, 
the term ``1972 ABM Treaty'' means the Treaty Between the 
United States of America and the Union of Soviet Socialist 
Republics on the Limitations of Anti-Ballistic Missiles, signed 
at Moscow on May 26, 1972.

SEC. 1005. SENSE OF THE CONGRESS WITH RESPECT TO ACCIDENTAL LAUNCH 
                    PROTECTION

  (a) Findings.--Congress makes the following findings:
          (1) The Strategic Defense Initiative (SDI) has made 
        substantial progress in developing technologies to 
        defend the United States from a possible ballistic 
        missile attack, be it deliberate or accidental.
          (2) Ground-based elements and their associated 
        adjuncts and technologies represent the most mature 
        technologies within the SDI program and should 
        therefore receive priority by the Strategic Defense 
        Initiative Organization.
          (3) The United States is a signatory to the 1972 
        Anti-Ballistic Missile Treaty.
          (4) There have been several accidents involving 
        ballistic missiles, including the loss of a submarine 
        of the Soviet Union due to inadvertent missile ignition 
        and the inadvertent landing in China of a test missile 
        of the Soviet Union.
          (5) The continued proliferation of offensive 
        ballistic missile forces by non-superpower countries 
        hostile to the United States and our allies raises the 
        possibility of future nuclear threats.
  (b) Reaffirmation of Sense of Congress.--Congress hereby 
reaffirms the sense of Congress expressed in section 224(b) of 
the National Defense Authorization Act, Fiscal Year 1989 
(Public Law 100-456; 102 Stat. 1942) \2\ stating--
---------------------------------------------------------------------------
    \2\ Sec. 224(b) of Public Law 100-456, stated the sense of the 
Congress identical to text in par. (1) and (2).
---------------------------------------------------------------------------
          (1) that the Secretary of Defense should direct the 
        Strategic Defense Initiative Organization to give 
        priority to development of technologies and systems for 
        a system capable of protecting the United States from 
        the accidental launch of a strategic ballistic missile 
        against the continental United States; and
          (2) that such development of an accidental launch 
        protection system should be carried out with an 
        objective of ensuring that such system is in compliance 
        with the 1972 Anti-Ballistic Missile Treaty.
  (c) Submission of Previously Required Report.--The Secretary 
of Defense shall submit to Congress forthwith the report on the 
status of planning for development of a deployment option for 
such an accidental launch protection system that was required 
by section 224(c) of that Act to be submitted not later than 
March 1, 1989.

SEC. 1006. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING THE 
                    KRASNOYARSK RADAR

  (a) Reaffirmation of Prior Findings.--Congress hereby 
reaffirms the findings made with respect to the large phased-
array radar of the Soviet Union known as the ``Krasnoyarsk 
radar'' in paragraphs (1) through (6) of section 902(a) of the 
National Defense Authorization Act for Fiscal Years 1988 and 
1989 (Public Law 100-180; 101 Stat. 1135), as follows:
          (1) The 1972 Anti-Ballistic Missile Treaty prohibits 
        each party from deploying ballistic missile early 
        warning radars except at locations along the periphery 
        of its national territory and oriented outward.
          (2) The 1972 Anti-Ballistic Missile Treaty prohibits 
        each party from deploying an ABM system to defend its 
        national territory and from providing a base for any 
        such nationwide defense.
          (3) Large phased-array radars were recognized during 
        negotiation of the Anti-Ballistic Missile Treaty as the 
        critical long lead-time element of a nationwide defense 
        against ballistic missiles.
          (4) In 1983 the United States discovered the 
        construction, in the interior of the Soviet Union near 
        the town of Krasnoyarsk, of a large phased-array radar 
        that has subsequently been judged to be for ballistic 
        early warning and tracking.
          (5) The Krasnoyarsk radar is more than 700 kilometers 
        from the Soviet-Mongolian border and is not directed 
        outward but instead faces the northeast Soviet border 
        more than 4,500 kilometers away.
          (6) The Krasnoyarsk radar is identical to other 
        Soviet ballistic missile early warning radars and is 
        ideally situated to fill the gap that would otherwise 
        exist in a nationwide Soviet ballistic missile early 
        warning radar network.
  (b) Further Findings.--In addition to the findings referred 
to in subsection (a), Congress finds with respect to the 
Krasnoyarsk radar that--
          (1) in 1987 the President declared that radar to be a 
        clear violation of the 1972 Anti-Ballistic Missile 
        Treaty;
          (2) until the meeting between the Secretary of State 
        and the Foreign Minister of the Soviet Union at Jackson 
        Hole, Wyoming, in September 1989, the Soviet Union had 
        rejected demands by the United States that it dismantle 
        that radar without conditions, but the joint statement 
        issued following that meeting states that the 
        government of the Soviet Union ``had decided to 
        completely dismantle the Krasnoyarsk radar station''; 
        and
          (3) on October 23, 1989, the Foreign Minister of the 
        Soviet Union conceded that the Krasnoyarsk radar is a 
        violation of the 1972 Anti-Ballistic Missile Treaty.
  (c) Sense of Congress.--It is the sense of Congress--
          (1) that the Soviet Union should dismantle the 
        Krasnoyarsk radar (as announced in the joint statement 
        referred to in subsection (b)(2)) expeditiously and 
        without conditions; and
          (2) that until such radar is completely dismantled it 
        will remain a clear violation of the 1972 Anti-
        Ballistic Missile Treaty.

SEC. 1007. SENSE OF CONGRESS CONCERNING EXPLORING THE FEASIBILITY OF 
                    TREATY LIMITATIONS ON WEAPONS CAPABLE OF 
                    THREATENING MILITARY SATELLITES

  It is the sense of Congress that, as soon as practicable, the 
President should explore the feasibility of a mutual and 
verifiable treaty with the Soviet Union which places the 
strictest possible limitations, consistent with the security 
interests of the United States and its allies, on the 
development, testing, production, and deployment of weapons 
capable of directly threatening United States military 
satellites.

SEC. 1008. REPORT ON SATELLITE SURVIVABILITY

  (a) Requirement for Report.--The President shall submit to 
Congress a comprehensive report on United States antisatellite 
weapon activities and the survivability of United States 
satellites against current and potential antisatellite weapons 
deployed by the Soviet Union. The report shall be submitted by 
March 15, 1990, and shall be submitted in both classified and 
unclassified versions.
  (b) Matters To Be Included in Report.--The report required by 
subsection (a) shall include the following:
          (1) Detailed information (including funding profiles, 
        expected capabilities, and schedules for development, 
        testing, and deployment) on all United States 
        antisatellite weapon programs.
          (2) An analysis of the antisatellite potential of the 
        anticipated deployed version of each Strategic Defense 
        Initiative technology capable of damaging or destroying 
        objects in space.
          (3) An assessment of the threat that would be posed 
        to satellites of the United States if the technologies 
        described in paragraphs (1) and (2) were to be tested 
        by the Soviet Union, at levels of performance equal to 
        those intended by the United States, and developed into 
        weapons for damaging or destroying objects in space.
          (4) A review of arms control options and satellite 
        survivability measures (including cost data) that would 
        improve the survivability of current and future United 
        States military satellite systems.
          (5) A review of alternative means of providing the 
        support to military forces of the United States that is 
        currently provided by United States satellites if those 
        satellites become vulnerable to attack as the result of 
        the deployment by the Soviet Union of antisatellite 
        weapons with the levels of performance contemplated in 
        paragraph (3).

SEC. 1009. REPORT ON THE DESIRABILITY OF NEGOTIATIONS WITH THE SOVIET 
                    UNION REGARDING LIMITATIONS ON ANTISATELLITE 
                    CAPABILITIES

  (a) Report by the President.--The President shall submit to 
Congress a comprehensive report regarding the desirability of 
an agreement with the Soviet Union to impose limitations on 
antisatellite capabilities. The President shall include in such 
report his determination of whether a ban or other limitations 
on some or all antisatellite weapons would be verifiable and, 
if so, whether such a ban or other limitation would be in the 
national interest of the United States.
  (b) Matters Relating to Verification.--In making the 
determination referred to in subsection (a), the President 
shall--
          (1) consider the extent to which on-site inspection 
        measures (as well as national technical means for 
        verification) can increase confidence in the ability of 
        the United States to monitor and verify various agreed-
        upon antisatellite limitations; and
          (2) examine various arms control possibilities, 
        including--
                  (A) a total ban on antisatellite capability 
                by both the United States and the Soviet Union;
                  (B) a ban or other limitation on 
                antisatellite weapons with the potential to 
                attack satellites at altitudes above the Van 
                Allen belt; and
                  (C) a ban or other limitation on 
                antisatellite weapons that operate only in low-
                Earth orbit.
  (c) Matters Relating to Deterrence and War Fighting 
Requirements.--In the report required by subsection (a), the 
President shall also address the following:
          (1) The contribution an antisatellite capability of 
        the United States can make toward enhancing deterrence.
          (2) The contribution an antisatellite capability can 
        make toward meeting the war fighting requirements of 
        the United States and how such a capability enhances 
        force survivability.
          (3) The extent to which (based upon a net assessment) 
        the United States would be better able to meet its war 
        fighting requirements and deterrence objectives if--
                  (A) the Soviet Union possessed an 
                antisatellite capability and the United States 
                did not possess an antisatellite capability;
                  (B) neither the United States nor the Soviet 
                Union possessed an antisatellite capability;
                  (C) the United States and the Soviet Union 
                both possessed a limited antisatellite 
                capability;
                  (D) the United States and the Soviet Union 
                both possessed an unrestricted antisatellite 
                capability.
  (d) Submission of Report.--The report required by subsection 
(a) shall be submitted to Congress not later than May 1, 1990, 
and shall be submitted in both classified and unclassified 
versions.

SEC. 1010. REPORT ON VERIFICATION OF COMPLIANCE WITH AGREEMENTS TO 
                    LIMIT NUCLEAR TESTING

  (a) Report Requirement.--The Secretary of Energy shall 
prepare a report, in classified form, assessing the possible 
effects on the abilities of the United States to verify 
compliance by the Soviet Union with any agreement (presently in 
effect or under negotiation) to limit testing of nuclear 
devices should any information or data now obtained under any 
cooperative agreement with any controlled country and used to 
verify the degree of such compliance be curtailed or become 
unavailable due to a change in, or severing of, diplomatic 
relations with such a controlled country. The report shall 
assess, in particular, whether compliance by the Soviet Union 
with any such agreement to limit testing of nuclear devices can 
be fully and reliably verified should such a cooperative 
agreement be curtailed or terminated. The report shall be 
prepared in consultation with the Secretary of Defense.
  (b) Submission of Report.--The report prepared under 
subsection (a) shall be submitted to Congress not later than 
six months after the date of the enactment of this Act.
  (c) Controlled Country Definition.--For purposes of this 
section, the term ``controlled country'' means a country listed 
in section 620(f)(1) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2370(f)(1)).

SEC. 1011. SENSE OF CONGRESS ON ARMS CONTROL NEGOTIATIONS AND UNITED 
                    STATES MODERNIZATION POLICY

  (a) Findings.--Congress makes the following findings:
          (1) The United States is currently engaged in a wide 
        range of arms control negotiations in the areas of 
        strategic nuclear forces, strategic defenses, 
        conventional force levels, chemical weapons, and 
        security and confidence building measures.
          (2) On May 30, 1989, the North Atlantic Treaty 
        Organization issued a ``Comprehensive Concept on Arms 
        Control and Disarmament'' which placed a special 
        emphasis on arms control as a means of enhancing 
        security and stability in Europe.
          (3) The President has stated that arms control is one 
        of the highest priorities of the United States in the 
        area of security and foreign policy and that the United 
        States will pursue a dynamic, active arms control 
        dialogue with the Soviet Union and the other Warsaw 
        Pact countries.
          (4) The United States has already made major 
        proposals at the Conventional Forces in Europe Talks, 
        convened on March 6, 1989, which would result in a 
        dramatic reduction in Soviet and Warsaw Pact 
        conventional forces.
          (5) The President, on September 25, 1989, made a 
        major new arms control proposal in the area of chemical 
        weapons.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the President is to be commended for pursuing a 
        wide array of arms control initiatives in the context 
        of a multitude of arms control negotiations, all of 
        which have been designed to enhance global security and 
        result in meaningful, militarily significant reductions 
        in military forces;
          (2) Congress fully supports the arms control efforts 
        of the President and encourages the government of the 
        Soviet Union to respond favorably to United States arms 
        control proposals which would require the Soviet Union 
        to reduce its massive quantitative superiority in 
        military weaponry;
          (3) the President should seek arms control agreements 
        that would not limit the United States to levels of 
        forces inferior to the limits provided for the Soviet 
        Union; and
          (4) the President's efforts to negotiate such 
        agreements is dependent upon the maintenance of a 
        vigorous research and development and modernization 
        program as required for a prudent defense posture.
  (c) Reaffirmation of Prohibition Relating to Entering Into 
Certain Arms Control Agreements.--Congress hereby reaffirms the 
proviso in the first sentence of section 33 of the Arms Control 
and Disarmament Act (22 U.S.C. 2573) that no action may be 
taken under that Act or any other Act that will obligate the 
United States to disarm or to reduce or limit the Armed Forces 
or armaments of the United States, except pursuant to the 
treatymaking power of the President under the Constitution or 
unless authorized by further affirmative legislation by the 
Congress.

SEC. 1012. REPORT ON EFFECT OF SPACE NUCLEAR REACTORS ON GAMMA-RAY 
                    ASTRONOMY MISSIONS

  Not later than April 30, 1990, the President shall submit to 
Congress a report on the potential for interference with gamma-
ray astronomy missions that could be caused by the placement in 
Earth orbit of space nuclear reactors.

SEC. 1013. SENSE OF CONGRESS ON CHEMICAL WEAPONS NEGOTIATIONS

  (a) Findings.--Congress makes the following findings:
          (1) The proliferation of chemical weapons and the 
        repeated use of chemical weapons represent a grave 
        threat to the security and interests of the United 
        States.
          (2) The most comprehensive and effective response to 
        the threat posed by the proliferation of chemical 
        weapons is the completion of an effectively verifiable 
        treaty banning the production and stockpiling of all 
        chemical weapons.
          (3) The successful completion of a treaty banning all 
        chemical weapons through the negotiations at the 
        multinational United Nations Conference on Disarmament 
        in Geneva should be one of the highest arms control 
        priorities of the United States.
  (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that--
          (1) the President should continue ongoing efforts to 
        establish an agreement with the Soviet Union and other 
        countries establishing a mutual and effectively 
        verifiable agreement to stop the production, 
        proliferation, and stockpiling of all lethal chemical 
        weapons; and
          (2) the United States negotiators in Geneva should 
        take concrete steps to initiate proposals regarding the 
        composition of the verification regime for such an 
        agreement that will meet the legitimate concerns of 
        other parties while addressing the security concerns of 
        the United States.

SEC. 1014. UNITED STATES PROGRAM FOR ON-SITE INSPECTIONS UNDER ARMS 
                    CONTROL AGREEMENTS

  (a) Findings Concerning On-Site Inspection Personnel.--
Congress makes the following findings:
          (1) The United States is currently engaged in 
        multilateral and bilateral negotiations seeking to 
        achieve treaties or agreements to reduce or eliminate 
        various types of military weapons and to make certain 
        reductions in military personnel levels. These 
        negotiations include negotiations for (A) reductions in 
        strategic forces, conventional armaments, and military 
        personnel levels, (B) regimes for monitoring nuclear 
        testing, and (C) the complete elimination of chemical 
        weapons.
          (2) Requirements for monitoring these possible 
        treaties or agreements will be extensive and will place 
        severe stress on the monitoring capabilities of United 
        States national technical means.
          (3) In the case of the INF Treaty, the United States 
        and the Soviet Union negotiated, and are currently 
        using, on-site inspection procedures to complement and 
        support monitoring by national technical means. Similar 
        on-site inspection procedures are being negotiated for 
        inclusion in possible future treaties and agreements 
        referred to in paragraph (1).
          (4) During initial implementation of the provisions 
        of the INF Treaty, the United States was not fully 
        prepared for the personnel requirements for the conduct 
        of on-site inspections. The Director of Central 
        Intelligence has stated that on-site inspection 
        requirements for any strategic arms reduction treaty or 
        agreement will be far more extensive than those for the 
        INF Treaty. The number of locations within the Soviet 
        Union that would possibly be subject to on-site 
        inspections under a START agreement have been estimated 
        to be approximately 2,500 (compared to 120 for the INF 
        Treaty).
          (5) On-site inspection procedures are likely to be an 
        integral part of any future arms control treaty or 
        agreement.
          (6) Personnel requirements will be extensive for such 
        on-site inspection procedures, both in terms of numbers 
        of personnel and technical and linguistic skills. Since 
        verification requirements for the INF Treaty are 
        already placing severe stress on current personnel 
        resources, the requirements for verification under 
        START and other possible future treaties and agreements 
        may quickly exceed the current number of verification 
        personnel having necessary technical and language 
        skills.
          (7) There is a clear need for a database of the names 
        of individuals who are members of the Armed Forces or 
        civilian employees of the United States Government, or 
        of other citizens and nationals of the United States, 
        who are qualified (by reason of technical or language 
        skills) to participate in on-site inspections under an 
        arms control treaty or agreement.
          (8) The organization best suited to establish such a 
        database is the On-Site Inspection Agency (OSIA) of the 
        Department of Defense, which was created by the 
        President to implement (for the United States) the on-
        site inspection provisions of the INF Treaty.
  (b) Status of the OSIA.--(1) Congress finds that--
          (A) the Director of the OSIA (currently a brigadier 
        general of the Army) is appointed by the Secretary of 
        Defense with the concurrence of the Secretary of State 
        and the approval of the President;
          (B) the Secretary of Defense provides to the Director 
        appropriate policy guidance formulated by the 
        interagency arms control mechanism established by the 
        President;
          (C) most of the personnel of the OSIA are members of 
        the Armed Forces (who are trained and paid by the 
        military departments within the Department of Defense) 
        and include linguists, weapons specialists, and foreign 
        area specialists;
          (D) the Department of Defense provides the OSIA with 
        substantially all of its administrative and logistic 
        support (including military air transportation for 
        inspections in the Soviet Union and Eastern Europe); 
        and
          (E) the facilities in Europe and the United States at 
        which OSIA personnel escort personnel of the Soviet 
        Union conducting inspections under the on-site 
        inspection terms of the INF Treaty are under the 
        jurisdiction of the Department of Defense (or under the 
        jurisdiction of entities that are contractors with the 
        Department of Defense).
  (2) In light of the findings in paragraph (1) and the report 
submitted pursuant to section 909 of Public Law 100-456 
entitled ``Report to the Congress on U.S. Monitoring and 
Verification Activities Related to the INF Treaty'' (submitted 
on July 27, 1989), Congress hereby determines that by locating 
the On-Site Inspection Agency within the Department of Defense 
for the purposes of administrative and logistic support and 
operational guidance, and integrating on-site inspection 
responsibilities under the INF Treaty with existing 
organizational activities of that Department, the President has 
been able to ensure that sensitive national security assets are 
protected and that obligations of the United States under that 
treaty are fulfilled in an efficient and cost-effective manner.
  (c) Establishment of Personnel Database.--(1) In light of the 
findings in subsection (a), the Director of the On-Site 
Inspection Agency shall establish a database consisting of the 
names of individuals who could be assigned or detailed (in the 
case of Government personnel) or employed (in the case of non-
Government personnel) to participate in the conduct of on-site 
inspections under any future arms control treaty or agreement 
that includes provisions for such inspections.
  (2) The database should be composed of the names of 
individuals with skills (including linguistic and technical 
skills) necessary for the conduct of on-site inspections.
  (d) INF Treaty Defined.--For purposes of this section, the 
term ``INF Treaty'' means the Treaty Between the United States 
and the Union of Soviet Socialist Republics on the Elimination 
of Their Intermediate-Range and Shorter-Range Missiles, signed 
in Washington, DC, on December 8, 1987.
          * * * * * * *
        m. National Defense Authorization Act, Fiscal Year 1989

    Partial text of Public Law 100-456 [H.R. 4481], 102 Stat. 1918, 
                      approved September 29, 1988

 AN ACT To authorize appropriations for fiscal year 1989 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE IX--MATTERS RELATING TO ARMS CONTROL

SEC. 901. SENSE OF CONGRESS ON EXPANDING CONFIDENCE-BUILDING MEASURES

    (a) Findings.--Congress makes the following findings:
          (1) Approximately two years have passed since the 
        Conference on Confidence- and Security-Building 
        Measures and Disarmament in Europe (CDE) adjourned in 
        Stockholm following the adoption of measures designed 
        to increase openness and predictability of military 
        activities in Europe.
          (2) To date, there have been seven formal 
        observations and challenge inspections which have been 
        conducted in accordance with the Stockholm agreements.
          (3) The military leaders of the North Atlantic Treaty 
        Organization have concluded that the Stockholm 
        observations and inspections have positively 
        contributed to an improved understanding of Warsaw Pact 
        forces and capabilities.
          (4) The Conventional Stability Talks (CST), which may 
        begin before the end of 1988, will likely require 
        careful and potentially prolonged negotiation.
          (5) New negotiations will also begin under the 
        auspices of the Conference on Security and Cooperation 
        in Europe (CSCE) as a follow-on to the Stockholm 
        conference.
          (6) The confidence-building measures established at 
        Stockholm could, if expanded, contribute significantly 
        to the success of the CDE follow-on conference and also 
        to the establishment of a procedural framework for 
        verifying a future CST agreement.
    (b) Sense of Congress.--It is the sense of Congress that 
the President should give high priority to developing, in 
coordination with the North Atlantic Treaty Organization allies 
of the United States, stabilizing and verifiable proposals for 
expanding the regime of confidence-building measures in 
conjunction with the follow-on to the Conference on Confidence- 
and Security-Building Measures and Disarmament in Europe (CDE) 
and the new Conventional Stability Talks (CST).

SEC. 902.\1\ SENSE OF CONGRESS ON START TALKS

    It is the sense of Congress that any agreement negotiated 
by the President to achieve a reduction and limitation on 
strategic arms (through the strategic arms reduction talks in 
Geneva or otherwise)--
---------------------------------------------------------------------------
    \1\ Sec. 1003 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1541), reaffirmed 
this sense of the Congress.
---------------------------------------------------------------------------
          (1) should not prevent the United States from 
        deploying a force structure under the agreement which 
        emphasizes survivable strategic systems and, in 
        particular, should not in any way compromise the 
        security of the United States ballistic-missile 
        carrying submarine force, and
          (2) should not prohibit or limit the deployment of 
        non-nuclear cruise missiles.

SEC. 903. SENSE OF CONGRESS CONCERNING ROLE OF CONGRESS IN ARMS CONTROL 
                    AND DEFENSE POLICIES

    It is the sense of Congress--
          (1) that Congress, in exercising its authority under 
        the Constitution ``to raise and support Armies'' and 
        ``provide and maintain Navies'' and, in the case of the 
        Senate, to advise and consent to the ratification of 
        treaties, has a role to play in formulating arms 
        control and defense policies of the United States, but
          (2) that Congress, in exercising that authority, 
        should not usurp, undermine, or interfere with the 
        authority of the President under the Constitution to 
        negotiate and implement treaties, especially in the 
        case of treaties which affect arms control and defense 
        policies of the United States.

SEC. 904. SENSE OF CONGRESS ON THE FIVE-YEAR ABM TREATY REVIEW

    (a) Findings.--Congress makes the following findings:
          (1) The Treaty Between the United States of America 
        and the Union of Soviet Socialist Republics on the 
        Limitation of Anti-Ballistic Missile Systems, With 
        Associated Protocol (hereinafter in this section 
        referred to as the ``ABM Treaty'' or the ``Treaty'') in 
        Article XIV, Paragraph 2, reads as follows: ``Five 
        years after entry into force of this Treaty, and at 
        five-year intervals thereafter, the Parties shall 
        together conduct a review of this Treaty.''.
          (2) Such Treaty entered into force on October 3, 
        1972, and the third five-year anniversary date 
        specified for the conduct of the review contemplated in 
        the Treaty, therefore, was October 3, 1987.
          (3) As a fundamental principle of the canons of legal 
        construction, a specified number of years after a 
        specific and determinable date means the specified 
        anniversary of such date and therefore the third five-
        year review of the ABM Treaty should have begun on or 
        about October 3, 1987.
          (4) The Parties to the Treaty have not met as 
        required by the Treaty because the United States 
        refused to meet on the date specified in the Treaty for 
        such meeting (October 3, 1987) and has refused since 
        such date to propose a date for the meeting.
    (b) Sense of Congress.--In light of the findings in 
subsection (a), it is the sense of Congress that the President 
should, without any further delay, propose an early date to 
conduct the overdue five-year review of the ABM Treaty. The 
President shall inform Congress of the results of that review 
immediately after it takes place.

SEC. 905. REVISION OF ANNUAL REPORT ON SOVIET COMPLIANCE WITH ARMS 
                    CONTROL COMMITMENTS

    (a) \2\ * * *
---------------------------------------------------------------------------
    \2\ Sec. 905(a) amended sec. 1002 of the Department of Defense 
Authorization Act, 1986 (Public Law 99-145; 22 U.S.C. 2592a).
---------------------------------------------------------------------------
    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect beginning with the report to be submitted 
under section 1002 of the Department of Defense Authorization 
Act, 1986, in 1990.

SEC. 906.\3\ ANNUAL REPORT ON ARMS CONTROL STRATEGY

    (a) In General.--The President shall submit to Congress 
each year, not later than December 1, a report containing a 
comprehensive discussion and analysis of the arms control 
strategy of the United States. The President shall include in 
each such report the following:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2592b.
---------------------------------------------------------------------------
          (1) A description of the nature and sequence of the 
        future arms control efforts of the United States.
          (2) A net assessment of the current effects of arms 
        control agreements on the status of, and trends in, the 
        military balance between the United States and the 
        Soviet Union and between the North Atlantic Treaty 
        Organization (NATO) and the Warsaw Pact.
          (3) A comprehensive data base on the military balance 
        of forces of the United States and the Soviet Union, 
        and the balance of forces of NATO and the Warsaw Pact 
        countries, that are affected by arms control agreements 
        in existence as of the time of the report between the 
        United States and the Soviet Union and between NATO and 
        the Warsaw Pact, including an explanation of the 
        methodology used to analyze the effects on such forces.
          (4) A net assessment of the effect that proposed arms 
        control agreements between the United States and the 
        Soviet Union and between NATO and the Warsaw Pact would 
        likely have on United States force plans and 
        contingency plans, including an assessment of the 
        effect that such proposed agreements would have on the 
        risks and costs to the United States.
          (5) An assessment of the effect that proposed treaty 
        sub-ceilings, asymmetries, and other factors or 
        qualifications affecting a treaty or arms control 
        proposal would have on the military balance between the 
        United States and the Soviet Union and between NATO and 
        the Warsaw Pact, including an assessment of how such 
        factors increase deterrence and reduce the risk and 
        cost of war.
          (6) A statement of the strategy the United States and 
        NATO will use to verify and deter noncompliance with 
        proposed arms control treaties between the United 
        States and the Soviet Union and between NATO and the 
        Warsaw Pact.
          (7) A discussion of the extent to which and the 
        manner in which the United States intends to consult 
        with its allies regarding proposed arms control 
        agreements between the United States and the Soviet 
        Union and between NATO and the Warsaw Pact.
          (8) A discussion of how the United States proposes to 
        tailor its defense structure in order to ensure that 
        the national security can be preserved with or without 
        arms control agreements.
    (b) Explanation of Methodology.--In reporting on the 
current effect of arms control agreements on the status of, and 
trends in, the military balance of power between the United 
States and the Soviet Union and between NATO and the Warsaw 
Pact (required under paragraphs (2) and (3) of subsection (a)), 
the President shall--
          (1) specify the methodology used in analyzing the 
        military balance between the United States and the 
        Soviet Union and express the results of such analyses 
        in terms of (A) static comparisons, and (B) comparisons 
        that include dynamic factors; and
          (2) discuss all major scenarios, assumptions, and 
        contingencies, including political confrontation, full-
        scale war, and serious confrontations not involving 
        full-scale war.
    (c) Form of Report.--The President shall submit such report 
in both classified and unclassified form.

SEC. 907. REPORT ON ANTIBALLISTIC MISSILE CAPABILITIES AND ACTIVITIES 
                    OF THE SOVIET UNION

    (a) Study.--The President shall conduct a study regarding 
the antiballistic missile capability and activities of the 
Soviet Union. In conducting the study, the President shall 
assess each of the following:
          (1) The military capabilities and significance of the 
        extensive network of large-phased array radars of the 
        Soviet Union.
          (2) Whether the Soviet Union is developing or 
        producing mobile or transportable engagement radars in 
        violation of the 1972 Antiballistic Missile Treaty.
          (3) The ability of the Soviet Union to develop an 
        effective exoatmospheric antiballistic missile defense 
        without using widespread deployments of traditional 
        engagement radars.
          (4) The ability of air defense interceptor missiles 
        of the Soviet Union, now and in the future, to destroy 
        warheads of ballistic missiles in flight.
          (5) Whether silos or other hardened facilities of the 
        Soviet Union located outside of the existing 
        antiballistic missile site permitted near Moscow under 
        the terms of the 1972 Antiballistic Missile Treaty are 
        or could be associated with antiballistic missile 
        defenses not permitted under that Treaty.
          (6) Whether the Soviet Union is developing terminal 
        antiballistic missile defenses.
          (7) Whether the existing antiballistic missile site 
        near Moscow that is permitted under the terms of that 
        Treaty conceals or could conceal development, testing, 
        or deployment by the Soviet Union of a widespread 
        antiballistic missile system.
          (8) Activities of the Soviet Union regarding boost-
        phase intercepts of ballistic missiles.
          (9) The status of laser programs, particle-beam 
        programs, and other advanced technology programs of the 
        Soviet Union comparable to programs conducted by the 
        United States under the Strategic Defense Initiative.
          (10) The consequences for the United States of a 
        successful effort by the Soviet Union to deploy an 
        effective nationwide or limited antiballistic missile 
        system.
    (b) Assessment of Ability of United States To Counter A 
Soviet ABM System.--In conducting the study required by 
subsection (a), the President shall also assess the ability of 
the United States to counter effectively an effective 
antiballistic missile system deployed by the Soviet Union. Such 
assessment shall consider both the deployment by the Soviet 
Union of a nationwide, and of a limited, antiballistic missile 
system. In assessing the ability of the United States to 
counter effectively such a system, the President--
          (1) shall consider the ability of the United States 
        to modify (A) existing strategic offensive forces 
        (including modifications involving the development of 
        additional penetration aids), and (B) current strategic 
        doctrine and tactics; and
          (2) shall consider whether the actions of the United 
        States described in paragraph (1) could be accomplished 
        over the same period of time that the Soviet Union 
        would require to deploy such an antiballistic missile 
        system.
    (c) \4\ Report.--Not later than January 1, 1989, the 
President shall submit to Congress a report, in both a 
classified and an unclassified version, specifying the results 
of the study conducted pursuant to this section. The report 
shall include such recommendations as the President considers 
appropriate, including recommendations with regard to 
maintaining the deterrent value of the strategic forces of the 
United States in light of the antiballistic missile capability 
and activities of the Soviet Union described in the report.
---------------------------------------------------------------------------
    \4\ Sec. 1004(e) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1542) waived 
a requirement for a study outlined in sec. 1004(a) of that Act, if 
``before the date of submission of the report required by [subsection 
(d) of that Act] * * * the President submits to Congress the report 
required by section 907 of the National Defense Authorization Act, 
Fiscal Year 1989 * * * regarding antiballistic missile capabilities and 
activities of the Soviet Union * * *.''.
---------------------------------------------------------------------------

SEC. 908. ANALYSIS OF ALTERNATIVE STRATEGIC NUCLEAR FORCE POSTURES FOR 
                    THE UNITED STATES UNDER A POTENTIAL START TREATY

    (a) Findings.--Congress makes the following findings:
          (1) The United States and the Soviet Union are 
        currently engaged in talks regarding the reduction of 
        strategic nuclear arms.
          (2) Such talks could result in a treaty requiring 
        deep reductions in the strategic forces of the United 
        States.
          (3) Any such Strategic Arms Reduction Treaty (START) 
        cannot be ratified without the advice and consent of 
        the Senate.
          (4) Any such START Treaty should result in a stable 
        balance of strategic forces between the United States 
        and the Soviet Union which enhances the security of the 
        United States.
          (5) Congress should provide funds for the forces 
        permitted under such a treaty that are required to 
        ensure the stability of the force balance under such a 
        treaty.
          (6) Congress faces critical resource choices for 
        fiscal year 1989 and subsequent fiscal years, and the 
        resource choices made by Congress for those years could 
        substantially influence the strategic force posture of 
        the United States in the period after such a treaty 
        goes into effect.
    (b) Presidential Report.--Before entering into any 
Strategic Arms Reduction Treaty or other agreement with the 
Soviet Union for the reduction of strategic arms, but not later 
than September 15, 1988, the President shall submit to Congress 
a comprehensive report on the implications such a treaty or 
agreement might have on the strategic force postures of the 
United States during the 1990s. The report shall include the 
following:
          (1) A description of alternative force postures that 
        might be permitted for the United States under such an 
        arms reduction agreement, including the posture 
        recommended by the President.
          (2) The estimated costs, over at least a seven-year 
        period, associated with each alternative force posture.
          (3) The damage limitation capability, the 
        survivability, and the retaliatory potential of such 
        force posture, and the implications for strategic 
        stability, assessed with regard to the likely force 
        postures of the Soviet Union under such an agreement 
        and the first-strike potential of such force postures.
          (4) The likely effect of a breakout by the Soviet 
        Union from such an arms control agreement on the 
        survivability and of the force posture of the United 
        States under such an agreement recommended by the 
        President under paragraph (1).
    (c) Form of Report.--The President shall submit the report 
under subsection (b) in both classified and unclassified form.

SEC. 909. ON-SITE INSPECTION AGENCY

    (a) Report Requirements.--(1) Not later than six months 
after the date of the enactment of this Act, the officers named 
in paragraph (2) shall each submit to the Committee on Armed 
Services, the Committee on Foreign Affairs, and the Permanent 
Select Committee on Intelligence of the House of 
Representatives \5\ and the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select Committee on 
Intelligence of the Senate an unclassified report, with 
classified annexes as necessary, on the responsibility of each 
such officer for the monitoring and verification of arms 
control agreements. Each such report--
---------------------------------------------------------------------------
    \5\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
          (A) shall address specifically any responsibility the 
        officer submitting the report has with respect to on-
        site inspections (whether inspections of facilities of 
        the United States or inspections of facilities of 
        another party to the agreement); and
          (B) shall set forth the organizational elements of 
        each department or agency over which the officer 
        submitting the report has jurisdiction which have 
        functions related to the monitoring or verification of 
        arms control agreements.
    (2) Officers referred to in paragraph (1) are the 
following:
          (A) The Secretary of Defense.
          (B) The Secretary of State.
          (C) The Director of Central Intelligence.
          (D) The Director of the United States Arms Control 
        and Disarmament Agency.
    (b) Matters To Be Included.--Each report under subsection 
(a) shall--
          (1) describe in detail the monitoring and 
        verification activities carried out with respect to the 
        INF Treaty,
          (2) evaluate the effectiveness with which these 
        functions have been implemented, and
          (3) include recommendations for any future 
        organizational or policy changes that may be necessary 
        in view of the experience of implementing the INF 
        Treaty.
    (c) INF Treaty Defined.--For purposes of subsection (b), 
the term ``INF Treaty'' means the Treaty Between the United 
States of America and the Union of Soviet Socialist Republics 
on the Elimination of Their Intermediate-Range and Shorter-
Range Missiles (signed at Washington on December 9, 1987).
    (d) Budget Requests.--Any request submitted to Congress by 
the Executive Branch for authorization of appropriations for 
the On-Site Inspection Agency for any fiscal year shall, as a 
separate activity, provide details of all funding and of all 
military and civilian personnel requested for that Agency for 
that fiscal year, including the number of such personnel of the 
Department of Defense and other agencies that will be assigned 
to on-site inspection activities and to support such activities 
during that fiscal year.

SEC. 910. COORDINATION OF VERIFICATION POLICY AND RESEARCH AND 
                    DEVELOPMENT ACTIVITIES

    (a) Report.--Not later than June 30, 1989, the President 
shall submit to Congress a report reviewing the relationship of 
arms control objectives of the United States with research and 
development of improved monitoring systems for arms control 
verification. The review shall include the participation of the 
Secretaries of Defense, State, and Energy, the Director of 
Central Intelligence, and the Director of the United States 
Arms Control and Disarmament Agency.
    (b) Findings and Recommendations.--The report shall include 
the findings of the President, and such recommendations for 
improvements as the President considers appropriate, with 
respect to the following:
          (1) The status of coordination among the officers 
        named in subsection (a) in the formulation of the 
        policy of the United States regarding arms control 
        verification.
          (2) The status of efforts to ensure that such policy 
        is formulated in a manner which takes into account 
        available monitoring technology.
          (3) The status of efforts to ensure that research and 
        development on monitoring technology evolves 
        concurrently with such policy.
          * * * * * * *
  n. National Defense Authorization Act for Fiscal Years 1988 and 1989

Partial text of Public Law 100-180 [H.R.1748], 100 Stat. 1019, approved 
 December 4, 1987; as amended by Public Law 101-189 [National Defense 
Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461], 103 Stat. 
                    1352, approved November 29, 1989

 AN ACT To authorize appropriations for fiscal years 1988 and 1989 for 
    military activities of the Department of Defense, for military 
 construction, and for defense activities of the Department of Energy, 
 to prescribe personnel strengths for such fiscal years for the Armed 
                    Forces, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE IX--MATTERS RELATING TO ARMS CONTROL

SEC. 901. MISSILE TECHNOLOGY CONTROL REGIME

    (a) Findings.--The Congress finds that--
          (1) the proliferation of nuclear weapons and of 
        missiles capable of the delivery of nuclear weapons is 
        a threat to international peace and security;
          (2) in the early 1980's, the danger of the 
        proliferation of such weapons and missiles was formally 
        recognized in discussions among the governments of the 
        United States, Canada, France, the Federal Republic of 
        Germany, Italy, Japan, and the United Kingdom; and
          (3) these seven governments, after four years of 
        negotiations, on April 7, 1987, concluded an agreement 
        known as the Missile Technology Control Regime, for the 
        purpose of limiting the proliferation of missiles 
        capable of the delivery of nuclear weapons (and 
        hardware and technology related to such missiles) 
        throughout the world.
    (b) Expressions of Congress.--The Congress--
          (1) expresses its firm support for the Missile 
        Technology Control Regime as a means of enhancing 
        international peace and security;
          (2) expresses its strong hope that all nations of the 
        world will adhere to the Guidelines of the Missile 
        Technology Control Regime; and
          (3) expresses its expectation that all relevant 
        agencies of the United States Government will ensure 
        the fully effective implementation of this regime.
    (c) Report on Manpower Required To Implement the Missile 
Technology Control Regime.--(1) Not later than 60 days after 
the date of enactment of the National Defense Authorization Act 
for Fiscal Year 1990,\1\ the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives \2\ a report--
---------------------------------------------------------------------------
    \1\ Sec. 1639(a) of the National Defense Authorization Act for 
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1612; 
approved November 29, 1989), struck out ``February 1, 1988'' and 
inserted ``60 days after the date of enactment of the National Defense 
Authorization Act for Fiscal Year 1990''.
    \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------
          (A) identifying the functional responsibilities of 
        the Department of Defense for implementing the Missile 
        Technology Control Regime;
          (B) describing the number and skills of personnel 
        currently available in the Department of Defense to 
        perform these functions; and
          (C) assessing the adequacy of these resources for the 
        effective performance of these responsibilities.
    (2) The report required by paragraph (1) shall identify the 
total number of current Department of Defense full-time 
employees or military personnel and the grades of such 
personnel and the special knowledge, experience, and expertise 
of such personnel, required to carry out each of the following 
responsibilities of the Department under the regime:
          (A) Review of private-sector export license 
        applications and government-to-government cooperative 
        activities.
          (B) Intelligence analysis and activities.
          (C) Policy coordination.
          (D) International liaison activity.
          (E) Enforcement and technology security operations.
          (F) Technical review.
    (3) The report shall include the Secretary's assessment of 
the adequacy of staffing in each of the categories specified in 
subparagraphs (A) through (F) of paragraph (2) and shall make 
recommendations concerning measures, including legislation if 
necessary, to eliminate any identified staffing deficiencies 
and to improve interagency coordination with respect to the 
regime.

SEC. 902.\3\ SENSE OF CONGRESS ON THE KRASNOYARSK RADAR

    (a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
    \3\ Sec. 1003 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1543), reaffirmed 
this sense of the Congress.
---------------------------------------------------------------------------
          (1) The 1972 Anti-Ballistic Missile Treaty prohibits 
        each party to the Treaty from deploying ballistic 
        missile early warning radars except at locations along 
        the periphery of its national territory and oriented 
        outward.
          (2) The 1972 Anti-Ballistic Missile Treaty prohibits 
        each party to the Treaty from deploying an anti-
        ballistic missile system to defend its national 
        territory and from providing a base for any such 
        nationwide defense.
          (3) Large phased-array radars were recognized during 
        negotiation of the 1972 Anti-Ballistic Missile Treaty 
        as the critical long lead-time element of a nationwide 
        defense against ballistic missiles.
          (4) In 1983 the United States discovered the 
        construction, in the interior of the Soviet Union near 
        the town of Krasnoyarsk, of a large phased-array radar 
        that has subsequently been judged to be for ballistic 
        missile early warning and tracking.
          (5) The Krasnoyarsk radar is more than 700 kilometers 
        from the Soviet-Mongolian border and is not directed 
        outward but instead, faces the northeast Soviet border 
        more than 4,500 kilometers away.
          (6) The Krasnoyarsk radar is identical to other 
        Soviet ballistic missile early warning radars and is 
        ideally situated to fill the gap that would otherwise 
        exist in a nationwide Soviet ballistic missile early 
        warning radar network.
          (7) The President has certified that the Krasnoyarsk 
        radar is an unequivocal violation of the 1972 Anti-
        Ballistic Missile Treaty.
    (b) Sense of Congress.--It is the sense of the Congress 
that the Soviet Union is in violation of its legal obligation 
under the 1972 Anti-Ballistic Missile Treaty.

SEC. 903. REPORT ON COMPLIANCE BY THE SOVIET UNION WITH THRESHOLD TEST 
                    BAN TREATY

    (a) In General.--The President shall submit to Congress, 
not later than 30 days after the date of the enactment of this 
Act, a report discussing the use of the current official United 
States method of estimating the yield of Soviet underground 
nuclear tests to determine the extent to which the Soviet Union 
is complying with the 150 kiloton limit on underground nuclear 
tests contained in the Threshold Test Ban Treaty.
    (b) Form and Content of Report.--The report shall be 
submitted in both classified form and (if possible) 
unclassified form and shall include the following matters:
          (1) A discussion of whether past assessments made by 
        the United States of the extent of Soviet compliance 
        with the 150 kiloton limit contained in the Threshold 
        Test Ban Treaty would have been different if the United 
        States, in making those assessments, had used the 
        current official United States method of estimating the 
        yield of underground nuclear tests conducted by the 
        Soviet Union.
          (2) The number of nuclear tests conducted by the 
        Soviet Union after March 31, 1976, that have a central 
        value exceeding 150 kilotons yield (estimated on the 
        basis of the current official method used by the United 
        States in estimating underground nuclear test yields), 
        the central value of those tests (estimated on such 
        basis), and the dates on which those tests were 
        conducted.
          (3) The number, dates, and estimated central values 
        of tests, if any, conducted by the United States after 
        March 31, 1976, which, if measured on the basis of the 
        current official method used by the United States in 
        estimating Soviet underground nuclear test yields 
        (taking into account the differences between the United 
        States and Soviet test sites), would have an indicated 
        central value exceeding 150 kilotons yield.
          (4) The number of tests conducted by the United 
        States after March 31, 1976, if any, which actually had 
        yields exceeding 150 kilotons, the estimated central 
        value of each such test, and the date on which each 
        such test was conducted.
          (5) A description of all nuclear testing activities 
        of the Soviet Union which the President has found to be 
        likely violations of the legal obligations under the 
        Threshold Test Ban Treaty, the dates on which those 
        activities took place, and the specific legal 
        obligations under the Threshold Test Ban Treaty likely 
        to have been violated by the Soviet Union in conducting 
        such activities.
          (6) A discussion of whether and, if so, the extent to 
        which, the President, in arriving at his finding that 
        several nuclear tests conducted by the Soviet Union 
        constituted a likely violation of legal obligations 
        under the Threshold Test Ban Treaty, considered the 
        mutual agreement contained in the Threshold Test Ban 
        Treaty which permits one or two minor, unintended 
        breaches of the 150 kiloton limit per year to be 
        considered nonviolations of the Treaty.
          (7) A detailed comparison of the current official 
        method used by the United States Government in 
        estimating Soviet underground nuclear test yields with 
        the method replaced by the current method, and the date 
        on which the current official method was adopted by the 
        United States.

SEC. 904. CONGRESSIONAL FINDINGS AND DECLARATIONS CONCERNING ARMS 
                    CONTROL NEGOTIATIONS

    (a) Congressional Findings.--The Congress makes the 
following findings:
          (1) The United States and the Soviet Union are 
        currently engaged in negotiations to conclude a treaty 
        on intermediate-range nuclear forces (INF) and are 
        continuing serious negotiations on other issues of 
        vital importance to the national security of the United 
        States.
          (2) The current negotiations, which reflect delicate 
        compromises on both sides, are a culmination of years 
        of detailed and complex negotiations in which the 
        negotiators for the United States have been pursuing a 
        policy consistently advocated by the past two 
        Presidents regarding nuclear arms control in the 
        European theater.
          (3) While recognizing fully that the President, under 
        clause 2, section 2, article II of the Constitution, 
        has the power, by and with the advice and consent of 
        the Senate, to make treaties, the Congress also 
        recognizes the special responsibility conferred by the 
        Founding Fathers on the Senate in requiring that it 
        give its advice and consent before a treaty may be 
        ratified by the United States and that in carrying out 
        this responsibility the Senate is accountable to the 
        people of the United States and has a duty to ensure 
        that no treaty is ratified which would be detrimental 
        to the welfare and security of the United States.
          (4) In recognition of this responsibility, the Senate 
        has established a special continuing oversight body, 
        the Arms Control Observer Group, which over the last 
        two and one-half years has functioned to provide advice 
        and counsel to the President and his negotiators, when 
        appropriate, on a continuing basis during the course of 
        the negotiations to achieve an INF treaty.
          (5) The Senate and the President both have a role 
        under the Constitution in the making of treaties and 
        Congress as a whole has a role under the Constitution 
        in the regulating of expenditures, including 
        expenditures for weapons systems that may be the 
        subject of treaty negotiations.
    (b) Congressional Declarations.--In light of the findings 
in subsection (a), Congress--
          (1) fully supports the efforts of the President to 
        negotiate stabilizing, equitable, and verifiable arms 
        reduction treaties with the Soviet Union;
          (2) endorses the principle of mutuality and 
        reciprocity in arms control negotiations with the 
        Soviet Union and cautions that neither the Congress nor 
        the President should take actions which are unilateral 
        concessions to the Soviet Union; and
          (3) urges the President to take care that no 
        provision is agreed to in those negotiations that would 
        be harmful to the security of the United States or its 
        allies and friends.
    (c) Declaration of the Senate.--The Senate declares that it 
will reserve judgment regarding the approval of any arms 
control treaty until it has conducted a thorough examination of 
the provisions of the treaty and has assured itself that those 
provisions--
          (1) are effectively verifiable; and
          (2) serve to enhance the strength and security of the 
        United States and its allies and friends.

SEC. 905. REPORT ON MILITARY CONSEQUENCES OF THE ELIMINATION OF 
                    BALLISTIC MISSILES

    (a) Report Requirement.--Not later than 30 days after the 
date of the enactment of this Act, the Chairman of the Joint 
Chiefs of Staff shall submit to the Committees on Armed 
Services of the Senate and House of Representatives \4\ a 
report examining the military consequences of any arms control 
agreement between the United States and the Soviet Union that 
would provide for the elimination of all strategic ballistic 
missiles of the United States and the Soviet Union.
---------------------------------------------------------------------------
    \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------
    (b) Matters To Be Discussed.--Such report shall be 
submitted in both classified and unclassified form and shall 
include a discussion of the strategic, budgetary, and force 
structure implications of an agreement described in subsection 
(a) for--
          (1) conventional defenses of the United States and 
        its allies in Europe, the Far East, and other regions 
        vital to the national security of the United States;
          (2) tactical nuclear deterrence by the United States 
        in those regions;
          (3) strategic offensive retaliatory systems of the 
        United States that would not be affected by such an 
        agreement, including bomber forces and cruise missiles;
          (4) air defenses of the United States needed to 
        counter bomber forces and cruise missiles of the Soviet 
        Union;
          (5) Strategic Defense Initiative programs designed to 
        provide possible defenses against strategic ballistic 
        missiles; and
          (6) any new programs which the Chairman of the Joint 
        Chiefs of Staff may consider necessary in order for the 
        United States to protect its national security 
        interests in light of the relative advantage conferred 
        by such an agreement on other nations possessing 
        nuclear weapons whose strategic ballistic missile 
        forces would not be affected by the agreement.

SEC. 906. REPORT ON IMPLICATIONS OF CERTAIN ARMS CONTROL POSITIONS

    Not later than June 30, 1988, the Secretary of Defense 
shall submit to Congress a report, in both classified and 
unclassified versions, containing the following:
          (1) A description of the quantitative and qualitative 
        implications for the strategic modernization program of 
        the United States of the publicly-announced position of 
        the United States at the Strategic Arms Reduction Talks 
        in Geneva, giving special, but not exclusive, attention 
        to the implications of such position for the Trident 
        SSBN program, the rail-garrison Peacekeeper program, 
        and the small intercontinental ballistic missile 
        (``Midgetman'') program.
          (2) A description of the advantages and drawbacks of 
        following the recommendations made in 1983 in the 
        report of the President's Commission on Strategic 
        Forces with regard to research on smaller ballistic-
        missile carrying submarines, each carrying fewer 
        missiles than the Trident, as a potential follow-on to 
        the Trident submarine force.
          (3) The recommendations of the Secretary of Defense 
        with regard to paragraphs (1) and (2) on United States 
        force modernization policy and arms control policy.

SEC. 907. SUPPORT FOR NUCLEAR RISK REDUCTION CENTERS

    (a) Congress applauds the recent signing of an agreement 
between the United States and the Soviet Union on the 
establishment of nuclear risk reduction centers. Congress 
regards this agreement as an important and practical first step 
in reducing the threat of nuclear war due to accident, 
misinterpretation, or miscalculation. Congress notes that the 
agreement calls for centers to be established in each nation's 
respective capital for the routine exchange of information and 
advanced notification of nuclear and missile testing.
    (b) It is the hope of Congress that this first step in 
nuclear risk reduction will increase the confidence and mutual 
trust of both parties to the agreement and lead to an expansion 
in functions to reduce further the chances of accidental war. 
Such functions may include joint discussions on crisis 
prevention and the development of strategies to deal with 
incidents or threats of nuclear terrorism, nuclear 
proliferation, or other mutually agreed upon issues of concern 
in reducing nuclear risk.
          * * * * * * *
            o. Department of Defense Authorization Act, 1987

 Partial Text of Public Law 99-661 [S.2368], 100 Stat. 3816, approved 
                           November 14, 1986

 AN ACT To authorize appropriations for fiscal year 1987 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
   personnel strengths for such fiscal year for the Armed Forces, to 
    improve the defense acquisition process, and for other purposes

    Be it enacted by the State and House of Representations of 
the United States of American in Congress assembled,
          * * * * * * *

                     TITLE X--ARMS CONTROL MATTERS

SEC. 1001. SENSE OF THE CONGRESS RELATING TO SALT II COMPLIANCE

    (a) Continued Adherence to SALT II Numerical Sublimits.--It 
is the sense of the Congress that it is in the national 
security interests of the United States to continue voluntary 
compliance with the central numerical sublimits of the SALT II 
Treaty as long as the Soviet Union complies with such 
sublimits.
    (b) Definition.--For purposes of this section, the central 
numerical sublimits of the SALT II Treaty include prohibitions 
on the deployment of the following:
          (1) Launchers for more than 820 intercontinental 
        ballistic missiles carrying multiple independently-
        targetable reentry vehicles.
          (2) Launchers for an aggregate of more than 1,200 
        intercontinental ballistic missiles carrying multiple 
        independently-targetable reentry vehicles and 
        submarine-launched ballistic missiles carrying multiple 
        independently-targetable reentry vehicles.
          (3) An aggregate of more than 1,320 launchers 
        described in paragraph (2) and heavy bombers equipped 
        for air-launched cruise missiles capable of a range in 
        excess of 600 kilometers.

SEC. 1002. SENSE OF THE CONGRESS ON NUCLEAR TESTING

    (a) Findings.--The Congress makes the following findings:
          (1) The United States is committed in the Limited 
        Test Ban Treaty of 1963 and in the Non-Proliferation 
        Treaty of 1968 to seek to achieve the discontinuance of 
        all test explosions of nuclear weapons for all time.
          (2) A comprehensive test ban treaty would promote the 
        security of the United States by constraining the 
        United States-Soviet nuclear arms competition and by 
        strengthening efforts to prevent the proliferation of 
        nuclear weapons.
          (3) The Threshold Test Ban Treaty was signed in 1974 
        and the Peaceful Nuclear Explosions Treaty was signed 
        in 1976, and both have yet to be considered by the full 
        Senate for its advice and consent to ratification.
          (4) The entry into force of the Peaceful Nuclear 
        Explosions Treaty and the Threshold Test Ban Treaty 
        will ensure full implementation of significant new 
        verification procedures and so make completion of a 
        comprehensive test ban treaty more probable.
          (5) A comprehensive test ban treaty must be 
        adequately verifiable, and significant progress has 
        been made in methods for detection of underground 
        nuclear explosions by seismological and other means.
          (6) At present, negotiations are not being pursued by 
        the United States and the Soviet Union toward 
        completion of a comprehensive test ban treaty.
          (7) The past five administrations have supported the 
        achievement of a comprehensive test ban treaty.
    (b) Sense of Congress.--It is the sense of Congress that, 
at the earliest possible date, the President should--
          (1) request the advice and consent of the Senate to 
        ratification (with a report containing any plans the 
        President may have to negotiate supplemental 
        verification procedures, or if the President believes 
        it necessary, any understanding or reservation on the 
        subject of verification which should be attached to the 
        treaty) of the Threshold Test Ban and Peaceful Nuclear 
        Explosions Treaties, signed in 1974 and 1976, 
        respectively; and
          (2) propose to the Soviet Union the immediate 
        resumption of negotiations toward conclusion of a 
        verifiable comprehensive test ban treaty.
In accordance with international law, the United States shall 
have no obligation to comply with any bilateral arms control 
agreement with the Soviet Union that the Soviet Union is 
violating.

SEC. 1003. REPORT BY THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON 
                    UNITED STATES NON-COMPLIANCE WITH EXISTING 
                    STRATEGIC OFFENSIVE ARMS AGREEMENTS

    (a) In General.--The Chairman of the Joint Chiefs of Staff 
shall submit to Congress a report containing a detailed 
assessment of--
          (1) the military consequences to the United States of 
        a policy decision by the United States to discontinue 
        compliance with the major provisions of existing 
        strategic offensive arms limitations agreements 
        (including central numerical sublimits on strategic 
        nuclear delivery vehicles in the SALT II accord) would 
        have on the security of the United States; and
          (2) the likely military responses of the Soviet Union 
        to such a policy decision.
    (b) Matters To Be Considered.--The assessment required by 
subsection (a) shall focus on what the likely Soviet military 
responsees would be during the period between 1987 and 1996. In 
making such assessment, the Chairman shall specifically 
consider the following:
          (1) The effect on the ability of United States 
        strategic forces to accomplish their nuclear deterrent 
        mission (including the effect on the survivability of 
        United States strategic forces and on the ability of 
        United States strategic forces to achieve required 
        damage expectancies against Soviet targets) of any 
        expansion of Soviet military capabilities undertaken in 
        response to a United States decision to abandon 
        compliance with existing strategic offensive arms 
        agreements.
          (2) The additional cost to the United States, above 
        currently projected military expenditures for those 
        periods for which such budget projections are 
        available, of research, development, production, 
        deployment, and annual operations and support for any 
        additional strategic forces required to country any 
        expansion in Soviet military capabilities undertaken in 
        response to a United States decision to abandon 
        compliance with existing strategic offensive arms 
        agreements.
          (3) Under average annual real growth projections in 
        defense spending of 0 percent, 1 percent, 2 percent, 
        and 3 percent, the percent of the annual defense budget 
        in each year between fiscal year 1987 and fiscal year 
        1996 which would be consumed by increased United States 
        strategic forces needed to counter the Soviet force 
        expansions.
          (4) The military effect on United States national 
        security of the diversion the funds identified under 
        paragraph (2) away from nonstrategic defense programs 
        and to strategic programs to counter expanded Soviet 
        strategic capabilities, including the military effect 
        of such a diversion on the ability of United States 
        conventional forces to meet the specific non-nuclear 
        defense commitments of the United States as a member of 
        the North Atlantic Treaty Organization and under the 
        1960 Treaty of Mutual Cooperation and Security with 
        Japan.
          (5) The military implications for the United States 
        of Soviet violations of offensive arms control 
        agreements that have been determined.
    (c) Report Requirements.--(1) The Chairman shall--
          (A) include in the report required under subsection 
        (a) the individual views of the other members of the 
        Joint Chiefs of Staff; and
          (B) submit such report in both classified and 
        unclassified form.
    (2) The report required by subsection (a) shall be 
submitted not later than December 19, 1986.
    (e) \1\ Restriction on Obligation of Funds.--If the 
Chairman of the Joint Chiefs of Staff fails to submit the 
report required by subsection (a) before December 20, 1986, no 
funds may be obligated or expended, directly or indirectly, on 
or after such date by the Organization of the Joint Chiefs of 
Staff for any study or analysis to be conducted by a civilian 
contractor until such report is received by Congress.
---------------------------------------------------------------------------
    \1\ As enrolled; there is no subsec. (d).
---------------------------------------------------------------------------

SEC. 1004. SENSE OF CONGRESS EXPRESSING SUPPORT FOR A CENTRAL ROLE FOR 
                    NUCLEAR RISK REDUCTION CENTERS

    (a) Congressional Statements.--The Congress--
          (1) has expressed its prior support for the 
        establishment of nuclear risk reduction centers; and
          (2) supports the President's willingness to negotiate 
        an agreement with the Soviet Union to establish such 
        centers in each nation.
    (b) Sense of Congress.--It is the sense of Congress that if 
an agreement on nuclear risk reduction centers is signed, the 
United States center should--
          (1) be assigned the responsibility to serve as the 
        center of activity for United States risk reduction 
        activities under the agreement; and
          (2) make recommendations to the Assistant to the 
        President for National Security Affairs regarding 
        additional risk reduction arrangements that might be 
        proposed to the Soviet Union.
          * * * * * * *
            p. Department of Defense Authorization Act, 1986

  Partial text of Public Law 99-145 [S. 1160], 99 Stat. 583, approved 
 November 8, 1985; as amended by Public Law 99-190 [Further Continuing 
Appropriations, 1985; H.J. Res. 465]; 99 Stat. 1185, approved December 
19, 1985; and by Public Law 100-456 [National Defense Authorization Act 
 for Fiscal Year 1989, H.R. 4481], 102 Stat. 1918, approved September 
                                29, 1988

   AN ACT To authorize appropriations for military functions of the 
 Department of Defense and to prescribe military personnel levels for 
 the Department of Defense for fiscal year 1986, to revise and improve 
    military compensation programs, to improve defense procurement 
   procedures, to authorize appropriations for fiscal year 1986 for 
 national security programs of the Department of Energy, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE X--MATTERS RELATING TO ARMS CONTROL

SEC. 1001. POLICY ON COMPLIANCE WITH EXISTING STRATEGIC OFFENSIVE ARMS 
                    AGREEMENTS

    (a) Sense of Congress.--It is the sense of Congress that--
          (1) the United States should vigorously pursue with 
        the Soviet Union the resolution of concerns of the 
        United States over Soviet compliance with existing 
        strategic arms control agreements and should seek 
        corrective actions through confidential diplomatic 
        channels, including, if appropriate, the Standing 
        Consultative Commission and the Nuclear and Space Arms 
        negotiations;
          (2) the Soviet Union should take positive steps to 
        resolve the compliance concerns of the United States 
        about existing strategic offensive arms agreements in 
        order to maintain the integrity of those agreements and 
        to strengthen the positive environment necessary for 
        the successful negotiation of a new strategic offensive 
        arms agreement;
          (3) the United States should continue, through 
        December 31, 1986, to refrain from undercutting the 
        provisions of existing strategic offensive arms 
        agreements--
                  (A)(i) to the extent that the Soviet Union 
                refrains from undercutting those provisions; 
                and
                  (ii) if the Soviet Union actively pursues 
                arms reduction agreements in the Nuclear and 
                Space Arms negotiations; or
                  (B) until a new strategic offensive arms 
                agreement between the United States and the 
                Soviet Union is concluded;
          (4) the President--
                  (A) should carefully consider the impact of 
                any change in the current policy of the United 
                States regarding existing strategic offensive 
                arms agreements on the long-term security 
                interests of the United States and its allies; 
                and
                  (B) should consult with Congress before 
                making any change in that policy; and
          (5) any decision by the President to continue the 
        existing United States no-undercut policy beyond 
        December 31, 1986, should be a matter for consultation 
        between the President and Congress and for subsequent 
        review and debate by Congress.
    (b) Requirement for Report.--Not later than February 1, 
1986, the President shall submit to Congress a report 
containing the following:
          (1) A range of projections and comparisons, on a 
        year-by-year basis, of United States and Soviet 
        strategic weapons dismantlements that would be required 
        over the next five years if the United States and the 
        Soviet Union were to adhere to a policy of not 
        undercutting existing strategic arms control 
        agreements.
          (2) A range of projections and comparisons, on a 
        year-by-year basis, of likely United States and Soviet 
        strategic offensive force inventories over the next 
        five years assuming a termination at the end of 1985 in 
        the current no-undercut policy.
          (3) An assessment of the possible Soviet political, 
        military, and negotiating responses to the termination 
        of the United States no-undercut policy.
          (4) Recommendations regarding the future of United 
        States interim restraint policy.
    (c) Proposal of Measures.--If the President finds and 
reports to Congress that--
          (1) the Soviet Union has violated the provisions of 
        any strategic arms agreement; and
          (2) such violations impair or threaten the security 
        of the United States,
the President may propose to Congress such measures as he 
considers necessary to protect the security of the United 
States.
    (d) Scope of Policy.--Nothing in this section shall be 
construed--
          (1) to restrain or inhibit the constitutional powers 
        of the President;
          (2) to endorse unilateral United States compliance 
        with existing strategic arms agreements;
          (3) as prohibiting the United States from carrying 
        out proportionate responses to Soviet undercutting of 
        strategic arms provisions;
          (4) as prohibiting or delaying the development, 
        flight testing, or deployment of the small 
        intercontinental ballistic missile (SICM) \2\ as 
        authorized by law; or
---------------------------------------------------------------------------
    \2\ Should read ``SICBM''.
---------------------------------------------------------------------------
          (5) as establishing a precedent to continue the no-
        undercut policy beyond December 31, 1986.

SEC. 1002.\3\ ANNUAL REPORT ON SOVIET COMPLIANCE WITH ARMS CONTROL 
                    COMMITMENTS

    (a) Annual Report.--Not later than December 1 of each year, 
the President shall submit to Congress a report containing the 
findings of the President with respect to the compliance of the 
Soviet Union with its arms control commitments and any 
additional information necessary to keep Congress currently 
informed.
---------------------------------------------------------------------------
    \3\ Sec. 905(a) of the National Defense Authorization Act, Fiscal 
Year 1989 (Public Law 100-456; 102 Stat. 2032), amended and restated 
sec. 1002. It formerly read as follows:
    ``Not later than December 1, 1985, and not later than December 1 of 
each following year, the President shall submit to the Congress a 
report (in both classified and unclassified versions) containing, with 
respect to the compliance of the Soviet Union with its arms control 
commitments, the findings of the President and any additional 
information necessary to keep the Congress currently informed.''
    As stated by sec. 905(b) of Public Law 100-456, this amendment 
``shall take effect beginning with the report to be submitted under 
section 1002 of the Department of Defense Authorization Act, 1986, in 
1990.''
---------------------------------------------------------------------------
    (b) Matters To Be Included.--The President shall 
specifically include in each such report the following:
          (1) A summary of the current status of all arms 
        control agreements in effect between the United States 
        and the Soviet Union.
          (2) An assessment of all violations by the Soviet 
        Union of such agreements and the risks such violations 
        pose to the national security of the United States and 
        its allies.
          (3) A net assessment of the aggregate military 
        significance of all such violations.
          (4) A statement of the compliance policy of the 
        United States with respect to violations by the Soviet 
        Union of those agreements.
          (5) What actions, if any, the President has taken or 
        proposes to take to bring the Soviet Union into 
        compliance with its commitments under those agreements.
    (c) Contingent Additional Information.--If the President in 
any second consecutive report submitted to Congress under this 
section reports that the Soviet Union is not in full compliance 
with all arms control agreements between the United States and 
the Soviet Union, the President shall include in such report an 
assessment of what actions are necessary to compensate for such 
violations.
    (d) Classification of Reports.--Each report under this 
section shall be submitted in both classified and unclassified 
versions.

SEC. 1003. STUDY OF ARMS CONTROL VERIFICATION CAPABILITIES

    (a) Interagency Study.--The President shall provide for an 
interagency study with the purpose of determining possible 
avenues for cooperation between the United States and the 
Soviet Union in the development of capabilities not subject to 
national security restrictions for verification of compliance 
with arms control agreements.
          (1) limited exchanges of data and scientific 
        personnel; and
          (2) the conduct of a joint technological effort in 
        the area of seismic monitoring.
    (b) Agencies Included.--The President shall provide for 
participation in the interagency study under subsection (a) 
by--
          (1) the Secretary of State;
          (2) the Secretary of Defense;
          (3) the Secretary of Energy;
          (4) the Director of the Arms Control and Disarmament 
        Agency;
          (5) the heads of appropriate intelligence agencies;
          (6) the Joint Chiefs of Staff; and
          (7) such other officers as the President may 
        designate.
    (c) Report.--(1) The President shall submit to Congress a 
report on the results of the interagency study.
    (2) The report shall be submitted in both a classified and 
unclassified version.
    (3) The report shall be submitted not later than May 1, 
1986.

SEC. 1004. SENSE OF CONGRESS RELATING TO UNITED STATES-SOVIET 
                    NEGOTIATIONS ON REDUCTION IN NUCLEAR ARMS

    It is the sense of the Congress--
          (1) that the President of the United States and the 
        General Secretary of the Communist Party of the Union 
        of Soviet Socialist Republics should be commended for 
        their willingness to meet to discuss major issues in 
        United States-Soviet relations; and
          (2) that following thorough preparation, such 
        meetings should be used to work for the realization of 
        mutual, equitable, and verifiable reductions in nuclear 
        arms.

SEC. 1005. PILOT PROGRAM FOR EXCHANGE OF CERTAIN HIGH-RANKING MILITARY 
                    AND CIVILIAN PERSONNEL WITH THE SOVIET UNION

    (a) Submission of Plan.--The Secretary of Defense shall 
submit to the appropriate committees of Congress a plan for the 
establishment and operation during fiscal year 1986 of a pilot 
program for the exchange of visits between--
          (1) high-ranking officers of the Armed Forces of the 
        United States and high-ranking civilian officials of 
        the Department of Defense; and
          (2) corresponding high-ranking officers and officials 
        of the Soviet Union.
    (b) Requirements of Plan.--Such plan shall include--
          (1) specific identification of the United States 
        officers and officials selected for participation in 
        the program;
          (2) the proposed length of the exchange visits with 
        the Soviet Union;
          (3) a description of the specific goals of each 
        exchange visit;
          (4) an estimate of the cost to the United States of 
        participation in each visit;
          (5) a description of any special actions that will be 
        taken to protect classified information of the United 
        States during any visit to the United States by 
        officers or officials of the Soviet Union who are 
        participating in the program; and
          (6) any other details of the program that the 
        Secretary considers appropriate.
    (c) Availability of Funds.--Of the funds appropriated 
pursuant to section 301(a), the sum of $100,000 shall be 
available only for costs required for participation by the 
United States in the pilot program described in subsection (a), 
including costs for travel, subsistence, and other support 
expenses.
    (d) Deadline for Plan.--The Secretary shall submit the plan 
required by subsection (a) not later than December 1, 1985.

SEC. 1006. REPORT ON NUCLEAR WINTER FINDINGS AND POLICY IMPLICATIONS

    (a) Continued Participation in Interagency Studies.--
Notwithstanding any limitation in any other provision of this 
Act, the Secretary of Defense, in accordance with section 
1107(a) of the Department of Defense Authorization Act, 1985 
(Public Law 98-525), shall participate in any comprehensive 
interagency study conducted on the atmospheric, climatic, 
environmental, and biological consequences of nuclear war and 
the implications that such consequences have for the nuclear 
weapons strategy and policy, the arms control policy, and the 
civil defense policy of the United States.
    (b) Report on Nuclear Winter Findings.--Not later than 
March 1, 1986, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives \4\ an unclassified report suitable for release 
to the public, together with classified addenda (if required), 
concerning the subject described in subsection (a). The 
Secretary shall include in such report the following:
---------------------------------------------------------------------------
    \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------
          (1) A detailed review and assessment of the findings 
        in the current body of domestic and international 
        scientific literature on the atmospheric, climatic, 
        environmental, and biological consequences of nuclear 
        explosions and nuclear exchanges.
          (2) A thorough evaluation of the implications that 
        such findings have on--
                  (A) the nuclear weapons policy of the United 
                States, especially with regard to strategy, 
                targeting, planning, command, control, 
                procurement, and deployment;
                  (B) the nuclear arms control policy of the 
                United States; and
                  (C) the civil defense policy of the United 
                States.
          (3) A discussion of the manner in which the results 
        of such evaluation of policy implications will be 
        incorporated into the nuclear weapons, arms control, 
        and civil defense policies of the United States.
          (4) An analysis of the extent to which current 
        scientific findings on the consequences of nuclear 
        explosions are being studied, disseminated, and used in 
        the Soviet Union.
          * * * * * * *
            q. Department of Defense Authorization Act, 1985

Partial Text of Public Law 98-525 [H.R. 5167], 98 Stat. 2492, approved 
   October 19, 1984; as amended by Public Law 99-145 [Department of 
   Defense Authorization Act, 1986; S. 1160], 99 Stat. 619, approved 
  November 8, 1985; Public Law 99-661 [National Defense Authorization 
 Act, Fiscal Year 1987, S. 2368] 100 Stat. 3816, approved November 14, 
1986; and by Public Law 100-180 [National Defense Authorization Act for 
    Fiscal Years 1988 and 1989, H.R. 1748], 101 Stat 1019, approved 
                            December 4, 1987

    AN ACT To authorize appropriations for fiscal year 1985 for the 
military functions of the Department of Defense, to prescribe military 
 personnel levels for that fiscal year for the Department of Defense, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE XI--MATTERS RELATING TO ARMS CONTROL

              report on strategic nuclear submarine force

    Sec. 1101. Not later than April 1, 1985, the Secretary of 
Defense shall submit to the Committees on Armed Services of the 
Senate and House of Representatives \1\ a report on the 
survivability of the United States strategic nuclear ballistic 
missile submarine force. The report shall address whether there 
are grounds for adjusting, in short or long-range terms, 
strategic force plans of the United States based on any 
vulnerability or potential vulnerability of such force. The 
report shall also examine the feasibility and desirability of 
enhancing the survivability of such force through measures that 
would affect antisubmarine warfare, including the nature of the 
patrols and the rules of engagement of attack submarines and 
the nature of the patrols and the rules of engagement of 
ballistic missile submarines.
---------------------------------------------------------------------------
    \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives.
---------------------------------------------------------------------------

              annual report on strategic defense programs

    Sec. 1102.\2\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \2\Sec. 1102 was repealed by sec. 231(b) of Public Law 100-180 (101 
Stat. 1019).
---------------------------------------------------------------------------

         report on theater nuclear weapons and force structure

    Sec. 1103. Not later than January 19, 1985, the President 
shall submit to Congress a report setting forth reasons why the 
United States should or should not initiate a long-term program 
for the renovation of the North Atlantic Treaty Organization 
(NATO) nuclear deterrent in a manner designed to reduce 
pressures for early first use of tactical nuclear weapons and 
to substantially reduce the theater nuclear arsenal to types 
and numbers of weapons whose characteristics make for a more 
stable and credible force. The report (in addition to any other 
matter covered) should specifically address the following 
issues:
          (1) Whether NATO should not eliminate its reliance on 
        short-range battlefield nuclear weapons (such as the 
        atomic demolition bomb and 155-millimeter and 8-inch 
        nuclear artillery rounds), the exposure of which to 
        early loss from enemy action promotes pressures for 
        early use.
          (2) Whether NATO should not refurbish its nuclear 
        deterrent by designing and deploying specific dedicated 
        nuclear launchers of a range which permits the coverage 
        of all potential targets from locations in the rear of 
        the European NATO territory in the territory of the 
        Warsaw Pact short of the territory of the Soviet Union, 
        thereby reducing pressure from enemy action for early 
        first use of nuclear weapons.
          (3) Whether NATO should not, as a consequence of a 
        change in policy described in paragraph (2), eliminate 
        its inventory of dual-capable nuclear/conventional 
        weapons in order to allow early use of artillery, 
        aircraft, and surface-to-surface missiles for 
        conventional missions rather than causing them to be 
        withheld for possible nuclear use.existing strategic 
        offensive arms limitations agreements (including 
        central numerical sublimits on strategic nuclear 
        delivery vehicles in the SALT II accord) would have on 
        the security of the United States; and
          (2) the likely military responses of the Soviet Union 
        to such a policy decision.
    (b) Matters To Be Considered.--The assessment required by 
subsection (a) shall focus on what the likely Soviet military 
responses would be during the period between 1987 and 1996. In 
making such assessment, the Chairman shall specifically 
consider the following:
          (1) The effect on the ability of United States 
        strategic forces to accomplish their nuclear deterrent 
        mission (including the effect on the survivability of 
        United States strategic forces and on the ability of 
        United States strategic forces to achieve required 
        damage expectancies against Soviet targets) of any 
        expansion of Soviet military capabilities undertaken in 
        response to a United States decision to abandon 
        compliance with existing strategic offensive arms 
        agreements.
          (2) The additional cost to the United States, above 
        currently projected military expenditures for those 
        periods for which such budget projections are 
        available, of research, development, production, 
        deployment, and annual operations and support for any 
        additional strategic forces required to counter any 
        expansion in Soviet military capabilities undertaken in 
        response to a United States decision to abandon 
        compliance with existing strategic offensive arms 
        agreements.
          (4) Whether NATO should not place control and 
        operation of tactical nuclear weapons in a single 
        specialized command established for that purpose so 
        that all other NATO force elements could be free to 
        concentrate on pursuing conventional military missions 
        with maximum efficiency.

     report on withdrawal of tactical nuclear warheads from europe

    Sec. 1104. The President shall submit a report to Congress 
not later than 90 days after the final decision is made (based 
upon the recommendations of the Supreme Allied Commander, 
Europe) regarding the net reduction to be made by the United 
States in the number of tactical nuclear warheads in the 
territory of North Atlantic Treaty Organization European member 
nations pursuant to the decision of the Nuclear Planning Group 
of the North Atlantic Treaty Organization of October 17, 1983. 
The report shall--
          (1) specify the types of warheads to be withdrawn in 
        accordance with that decision, the number of each such 
        warhead to be withdrawn, the schedule for the 
        withdrawal, and the rationale for the selection of the 
        particular warheads to be withdrawn; and
          (2) any changes in force structure to be made 
        resulting from the changes in the tactical nuclear 
        warheads positioned in Europe.

            report on united states counterforce capability

    Sec. 1105. (a) Not later than April 15, 1985, the President 
shall submit to Congress a report discussing the required 
strategic counterforce capability consistent with existing 
United States policy.
    (b) The report under subsection (a) shall be developed 
taking into consideration current and proposed United States 
intercontinental ballistic missiles having an accuracy on the 
order of the MX missile (including specifically the MX missile, 
the D-5 Trident missile, and the small single-warhead missile) 
intended to be procured for United States strategic force 
modernization and the rationale for the overall counterforce 
capability that would be attained as a cumulative result of 
those procurements. The President shall include in the report a 
specific definition of what United States counterforce 
capability would constitute a so-called ``first-strike 
capability'' against the Soviet Union.
    (c) The report shall also include an assessment of 
corresponding Soviet counterforce and first-strike 
capabilities.

   transmittal to congress of report on soviet compliance with arms 
                           control agreements

    Sec. 1106. (a) Not later than 30 days after the date of the 
enactment of this Act, the President shall transmit to Congress 
the text of the report by the General Advisory Committee on 
Arms Control of the arms Control and Disarmament Agency 
entitled ``A Quarter Century of Soviet Compliance Practices 
Under Arms Control Commitments: 1958-1983 (U)'', dated November 
1983. If the President determines that that report contains 
material the release of which to Congress would compromise 
United States intelligence sources, methods of intelligence 
gathering, or the national security of the United States, the 
President may furnish the text of such report after deleting or 
modifying such compromising material.
    (b) Not later than 60 days after the date of the enactment 
of this Act, the President shall transmit to Congress an 
unclassified version of the report described in subsection (a).

       report on nuclear winter findings and policy implications

    Sec. 1107. (a) The Secretary of Defense shall participate 
in any comprehensive study of the atmospheric, climatic, 
environmental, and biological consequences of nuclear war and 
the implications that such consequences have for the nuclear 
weapons strategy and policy, the arms control policy, and the 
civil defense policy of the United States.
    (b) Not later than March 1, 1985, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives \1\ an unclassified report 
suitable for release to the public, together with classified 
addenda (if required), concerning the subject described in 
subsection (a). The Secretary shall include in such report the 
following:
          (1) A detailed review and assessment of the current 
        scientific studies and findings on the atmospheric, 
        climatic, environmental, and biological consequences of 
        nuclear explosions and nuclear exchanges.
          (2) A thorough evaluation of the implications that 
        such studies and findings have on (A) the nuclear 
        weapons policy of the United States, especially with 
        regard to strategy, targeting, planning, command, 
        control, procurement, and deployment, (B) the nuclear 
        arms control policy of the United States, and (C) the 
        civil defense policy of the United States.
          (3) A discussion of the manner in which the results 
        of such evaluation of policy implications will be 
        incorporated into the nuclear weapons, arms control, 
        and civil defense policies of the United States.
          (4) An analysis of the extent to which current 
        scientific findings on the consequences of nuclear 
        explosions are being studied, disseminated, and used in 
        the Soviet Union.

  sense of the congress relating to the establishment of nuclear risk 
      reduction centers in the united states and the soviet union

    Sec. 1108. (a) The Congress makes the following findings:
          (1) An increasing number of scenarios (including 
        misjudgment, miscalculation, misunderstanding, 
        possession of nuclear arms by a terrorist group or a 
        State sponsored threat) could precipitate a sudden 
        increase in tensions and the risk of a nuclear 
        confrontation between the United States and the Soviet 
        Union, situations that neither side anticipates, 
        intends, or desires.
          (2) There has been a steady proliferation throughout 
        the world of the knowledge, equipment, and materials 
        necessary to fabricate nuclear weapons.
          (3) Such proliferation of nuclear capabilities 
        suggests an increasing potential for nuclear terrorism, 
        the cumulative risk of which, considering potential 
        terrorist groups and other threats over a period of 
        years into the future, may be great.
          (4) Current communications links represent equipment 
        of the 1960's and as such are relatively outdated and 
        limited in their capabilities.
          (5) The President, responding to congressional 
        initiatives, proposed the establishment of additional 
        and improved communications links between the United 
        States and the Soviet Union and other measures to 
        reduce the risk of nuclear confrontation, and has 
        initiated discussions at a working level with the 
        Soviet Union pertaining to--
                  (A) the addition of a high speed facsimile 
                capability to the direct communication link 
                (hotline);
                  (B) the creation of a joint military 
                communications link between the Department of 
                Defense and the Soviet Defense Ministry; and
                  (C) the establishment by the Governments of 
                the United States and Soviet Union of high-rate 
                data communication links between each nation 
                and its embassy in the other nation's capital.
          (6) The establishment of nuclear risk reduction 
        centers in Washington and Moscow could reduce the risk 
        of increased tensions and nuclear confrontations, 
        thereby enhancing the security of both the United 
        States and the Soviet Union.
          (7) These centers could serve a variety of functions, 
        including--
                  (A) discussing procedures to be followed in 
                the event of possible incidents involving the 
                use of nuclear weapons by third parties;
                  (B) maintaining close contact during nuclear 
                threats or incidents precipitated by third 
                parties;
                  (C) exchanging information on a voluntary 
                basis concerning events that might lead to the 
                acquisition of nuclear weapons, materials, or 
                equipment by subnational groups;
                  (D) exchanging information about United 
                States-Union of Soviet Socialist Republics 
                military activities which might be 
                misunderstood by the other party during periods 
                of mounting tensions; and
                  (E) establishing a dialog about nuclear 
                doctrines, forces, and activities.
          (8) The continuing and routine implementation of 
        these various activities could be facilitated by the 
        establishment within each Government of facilities, 
        organizations, and bureaucratic relationships 
        designated for these purposes, such as risk reduction 
        centers, and by the appointment of individuals 
        responsible to the respective head of state with 
        responsibilities to manage such centers.
    (b) The Congress--
          (1) commends the President for his announced support 
        for the confidence building measures described in 
        subsection (a) and his initiation of negotiations which 
        have occurred; and
          (2) urges the President to pursue negotiations on 
        these measures with the Government of the Soviet Union 
        and to add to these negotiations the establishment of 
        nuclear risk reduction centers in both nations to be 
        operated under the direction of the appropriate 
        diplomatic and defense authorities.

      sense of congress regarding a report to congress on certain 
   verification programs relating to biological and chemical weapons

    Sec. 1109. (a) The Congress makes the following findings:
          (1) The Iran-Iraq war has recently demonstrated a 
        marked increase in the proliferation of technology on 
        the production of chemical weapons and an increase in 
        the willingness of nations to use such weapons in armed 
        conflict.
          (2) The President's Report to Congress on Soviet Arms 
        Control Noncompliance concluded that the Soviet Union 
        has refused to respond adequately to United States 
        concerns about the transfer or use by the Soviet Union 
        of lethal chemical warfare agents in Laos, Kampuchea, 
        and Afghanistan and United States concerns about 
        adherence by the Soviet Union to the 1972 Biological 
        and Toxin Weapons Convention.
          (3) Experts at the recent annual meeting of the 
        American Association for the Advancement of Science and 
        at the First World Congress on New Compounds in 
        Biological and Chemical Warfare held at Ghent, Belgium, 
        emphasized that better verification of the use of 
        chemical weapons and of the development of biological 
        and toxin weapons was essential to strengthen the 1972 
        Biological and Toxin Weapons Convention and the Geneva 
        Protocol of 1925.
          (4) The 1972 Biological and Toxin Weapons Convention 
        is scheduled for review in 1985.
          (5) The United States is anxious to promote and 
        strengthen adherence to the Geneva Protocol of 1925 and 
        the 1972 Biological and Chemical Weapons Convention and 
        is vigorously pursuing a comprehensive, verifiable, 
        international agreement to ban chemical weapons.
          (6) Any comprehensive agreement intended to ban the 
        production, storage, and transfer of chemical weapons 
        must provide for effective measures of verification and 
        enforcement and in order for the 1972 Biological and 
        Toxin Weapons Convention to be effective, compliance 
        with the terms of the convention must be verifiable; 
        and
          (7) The Congress must be well informed regarding 
        existing and planned programs for verifying compliance 
        with the 1972 Biological and Toxin Weapons Convention 
        and with a chemical weapons ban agreement.
    (b) It is the sense of Congress that the President should 
submit to the Committee on Foreign Relations and the Select 
Committee on Intelligence of the Senate and to the Committee on 
Foreign Affairs \3\ and the Permanent Select Committee on 
Intelligence of the House of Representatives a comprehensive 
report identifying and evaluating--
---------------------------------------------------------------------------
    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (1) existing and planned programs to support 
        verification requirements necessary to determine 
        compliance with the 1972 Biological and Toxin Weapons 
        Convention and a chemical weapons ban; and
          (2) the budget resources necessary to support 
        verification requirements necessary to determine 
        compliance with the 1972 Biological and Toxin Weapons 
        Convention and a chemical weapons ban.
    (c) The President is requested to submit the report 
referred to in subsection (b) to the committees referred to in 
such subsection not later than March 15, 1985.

   sense of congress expressing support for united states to pursue 
                  outstanding arms control compliance

    Sec. 1110. (a) The Congress makes the following findings:
          (1) It is a vital security objective of the United 
        States to limit the Soviet nuclear threat against the 
        United States and its allies.
          (2) The President has declared that ``as for existing 
        strategic arms agreements, we will refrain from actions 
        which undercut them so long as the Soviet Union shows 
        equal restraint''.
          (3) The United States has legitimate concerns about 
        certain Soviet actions and behavior relevant to 
        limitations and other provisions of existing strategic 
        arms agreements.
          (4) The President has declared that ``the United 
        States will continue to press compliance issues with 
        the Soviet Union through diplomatic channels, and to 
        insist upon explanations, clarifications, and 
        corrective actions''.
          (5) The President has also declared that ``the United 
        States is continuing to carry out its obligations under 
        relevant agreements''.
          (6) It would be detrimental to the security interests 
        of the United States and its allies and to 
        international peace and stability for the last 
        remaining limitations on strategic offensive nuclear 
        weapons to break down or lapse before replacement by a 
        new strategic arms control agreement between the United 
        States and the Soviet Union.
          (7) The continuation of existing restraints on 
        strategic offensive nuclear arms would provide an 
        atmosphere more conducive to achieving an agreement 
        significantly reducing the levels of nuclear arms.
          (8) The Soviet Union has not agreed to a date for 
        resumption of the nuclear arms talks in Geneva, and it 
        is incumbent on the Soviet Union to return to the 
        negotiating table.
          (9) A termination of existing restraints on strategic 
        offensive nuclear weapons could make the resumption of 
        negotiations more difficult.
          (10) Both sides have, to date, abided by important 
        numerical and other limits contained in existing 
        strategic offensive arms agreements, including 
        dismantling operational missile-firing submarines and 
        remaining within the ceilings on multiple-warhead 
        missile launchers and other related limits.
          (11) It is in the interest of the United States and 
        its allies for the Soviet Union to continue to 
        dismantle older missile-firing submarines as new ones 
        are deployed and to continue to remain at or below a 
        level of 820 launchers of intercontinental ballistic 
        missiles with multiple independently targeted reentry 
        vehicles, 1,200 launchers of intercontinental ballistic 
        missiles with multiple independently targeted reentry 
        vehicles and submarine launched ballistic missiles, and 
        1,320 launchers of intercontinental ballistic missiles 
        with multiple independently targeted reentry vehicles 
        and submarine launched ballistic missiles and heavy 
        bombers equipped with air launched cruise missiles, and 
        other related limits in existing strategic offensive 
        arms agreements.
    (b) In view of these findings, it is the sense of Congress 
that--
          (1) the United States should vigorously pursue with 
        the Soviet Union the resolution of concerns over 
        compliance with existing strategic and other arms 
        control agreements and should seek corrective actions, 
        where appropriate, through the Standing Consultative 
        Commission and other available diplomatic channels;
          (2) The United States should, through December 31, 
        1985, continue to pursue its stated policy to refrain 
        from undercutting the provisions of existing strategic 
        offensive arms agreements so long as the Soviet Union 
        refrains from undercutting the provisions of those 
        agreements, or until a new strategic offensive arms 
        agreement is concluded;
          (3) the President should provide a report to the 
        Congress in both classified and unclassified forms 
        reflecting additional findings regarding Soviet 
        adherence to such a no-undercut policy, by February 15, 
        1985;
          (4) the President shall provide to Congress on or 
        before June 1, 1985, a report that--
                  (A) describes the implications of the United 
                States Ship Alaska's sea trials, both with and 
                without the concurrent dismantling of older 
                launchers of missiles with multiple 
                independently targeted reentry vehicles with 
                multiple independently targeted reentry 
                vehicles, for the current United States no-
                undercut policy and strategic arms and United 
                States security interests more generally;
                  (B) assesses possible Soviet political, 
                military, and negotiating responses to the 
                termination of the United States no-undercut 
                policy;
                  (C) reviews and assesses Soviet activities 
                with respect to existing strategic offensive 
                arms agreements; and
                  (D) makes recommendations regarding the 
                future of United States interim restraint 
                policy; and
          (5) the President should carefully consider the 
        impact of any change to this current policy regarding 
        existing strategic offensive arms agreements on the 
        long-term security interests of the United States and 
        its allies and should consult with the Congress before 
        making any change in current policy.

  policy on the status of certain treaties to prevent nuclear testing

    Sec. 1111. (a) The Senate makes the following findings:
          (1) The United States is committed in the Limited 
        Test Ban Treaty of 1963 and in the Non-Proliferation 
        Treaty of 1968 to seek to achieve the discontinuance of 
        all test explosions of nuclear weapons for all time.
          (2) A comprehensive test ban treaty would promote the 
        security of the United States by constraining the 
        United States-Soviet nuclear arms competition and by 
        strengthening efforts to prevent the proliferation of 
        nuclear weapons.
          (3) The Threshold Test Ban Treaty was signed in 1974 
        and the Peaceful Nuclear Explosions Treaty was signed 
        in 1976, and both have yet to be considered by the full 
        Senate for its advice and consent to ratification.
          (4) The entry into force of the Peaceful Nuclear 
        Explosions Treaty and the Threshold Test Ban Treaty 
        will ensure full implementation of significant new 
        verification procedures and so make completion of a 
        comprehensive test ban treaty more probable.
          (5) A comprehensive test ban treaty must be 
        adequately verifiable, and significant progress has 
        been made in methods for detection of underground 
        nuclear explosions by seismological and other means.
          (6) At present, negotiations are not being pursued by 
        the United States and the Soviet Union toward 
        completion of a comprehensive test ban treaty.
          (7) The past five administrations have supported the 
        achievement of a comprehensive test ban treaty.
    (b) It is the sense of the Senate that at the earliest 
possible date, the President should--
          (1) request advice and consent of the Senate to 
        ratification (with a report containing any plans the 
        President may have to negotiate supplemental 
        verification procedures, or if the President believes 
        it necessary, any understanding or reservation on the 
        subject of verification which should be attached to the 
        treaty) of the Threshold Test Ban and Peaceful Nuclear 
        Explosions Treaties, signed in 1974 and 1976, 
        respectively; and
          (2) propose to the Soviet Union the immediate 
        resumption of negotiations toward conclusion of a 
        verifiable comprehensive test ban treaty.
    (c) In accordance with international law, the United States 
shall have no obligation to comply with any bilateral arms 
control agreement with the Soviet Union that the Soviet Union 
is violating.
          * * * * * * *
=======================================================================



 
        G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL

                                CONTENTS

                                                                   Page

1. War Powers....................................................  2057
      a. War Powers Resolution (Public Law 93-148)...............  2057
      b. National Emergencies Act, as amended (Public Law 94-412)  2063
      c. United States Policy Toward Haiti (Public Law 103-423)..  2068
      d. Authorization for Use of Military Force Against Iraq 
          (Public Law 102-1).....................................  2071
      e. Authorization for Use of Military Force in Somalia 
          (Public Law 103-139) (partial text)....................  2073
      f. U.S. Armed Forces in Somalia (Public Law 103-160) 
          (partial text).........................................  2075
      g. United States Military Forces in Lebanon................  2077
            (1) Multinational Force in Lebanon Resolution (Public 
                Law 98-119)......................................  2077
            (2) Agreement Between the United States and Lebanon 
                Regarding U.S. Participation in the Multinational 
                Force, Dated September 30, 1982..................  2081
2. Cuban Resolution (Public Law 87-733)..........................  2084
3. Middle East Resolutions and Related Material..................  2085
      a. Resolution To Promote Peace and Stability in the Middle 
          East (Public Law 85-7).................................  2085
      b. Multinational Force and Observers Participation 
          Resolution (Public Law 97-132).........................  2087
      c. Multinational Force and Observers Reports (Executive 
          Order 12361)...........................................  2092
      d. Implementing the United States Proposal for the Early-
          Warning System in Sinai (Public Law 94-110)............  2093
4. Tonkin Gulf Resolution (Public Law 88-408) (repealed).........  2095
5. National Commitment (S. Res. 85, 91st Congress)...............  2097
6. North Atlantic Alliance.......................................  2098
      a. European Security Act of 1998 (Public Law 105-277) 
          (partial text).........................................  2098
      b. NATO Enlargement Facilitation of 1996 (Public Law 104-
          208) (partial text)....................................  2104
      c. NATO Participation Act of 1994 (Public Law 103-447) 
          (partial text).........................................  2111
      d. Reaffirming the United States Commitment to the North 
          Atlantic Alliance (Public Law 96-9)....................  2117
      e. Reaffirming the Unity of the North Atlantic Alliance 
          Commitment (Public Law 95-287).........................  2118
7. Taiwan Relations..............................................  2119
      a. Taiwan Relations Act (Public Law 96-8)..................  2119
      b. American Institute in Taiwan Facilities Enhancement Act 
          (Public Law 106-212)...................................  2129
      c. Maintaining Unofficial Relations With the People of 
          Taiwan (Executive Order 13014).........................  2131
8. Panama Canal..................................................  2134
      a. Panama Canal Act of 1979 (Public Law 96-70).............  2134
      b. Panama Canal Commission Compensation Fund Act of 1988 
          (Public Law 100-705)...................................  2197
      c. Panama Canal--Report to Congress (Public Law 100-203) 
          (partial text).........................................  2200
      d. Delegation of Panama Canal Functions (Executive Order 
          12215).................................................  2201
=======================================================================

                             1. War Powers

                        a. War Powers Resolution

     Public Law 93-148 [H.J. Res. 542], 87 Stat. 555, passed over 
                   President's veto November 7, 1973

    JOINT RESOLUTION Concerning the war powers of Congress and the 
                               President.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                              short title

    Section 1. This joint resolution may be cited as the ``War 
Powers Resolution''.

                           purpose and policy

    Sec. 2.\1\ (a) It is the purpose of this joint resolution 
to fulfill the intent of the framers of the Constitution of the 
United States and insure that the collective judgment of both 
the Congress and the President will apply to the introduction 
of United States Armed Forces into hostilities, or into 
situations where imminent involvement in hostilities is clearly 
indicated by the circumstances, and to the continued use of 
such forces in hostilities or in such situations.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1541.
    See also the authorization for use of U.S. military force against 
Iraq (Public Law 102-1; 105 Stat. 3), page 2071.
    See also Congressional findings and conditional authorization for 
use of U.S. military force in Somalia (sec. 8151 of Public Law 103-139; 
107 Stat. 1475), page 2073, and the sense of the Congress and a 
statement of Congressional policy on U.S. armed forces in Somalia (sec. 
1512 of Public Law 103-160; 107 Stat. 1840), page 2075.
    See also the Joint Resolution regarding U.S. policy toward Haiti 
(Public Law 103-423; 108 Stat. 4358), page 2068.
---------------------------------------------------------------------------
    (b) Under article I, section 8, of the Constitution, it is 
specifically provided that the Congress shall have the power to 
make all laws necessary and proper for carrying into execution, 
not only its own powers but also all other powers vested by the 
Constitution in the Government of the United States, or in any 
department or officer thereof.
    (c) The constitutional powers of the President as 
Commander-in-Chief to introduce United States Armed Forces into 
hostilities, or into situations where imminent involvement in 
hostilities is clearly indicated by the circumstances, are 
exercised only pursuant to (1) a declaration of war, (2) 
specific statutory authorization, or (3) a national emergency 
created by attack upon the United States, its territories or 
possessions, or its armed forces.

                              consultation

    Sec. 3.\2\ The President in every possible instance shall 
consult with Congress before introducing United States Armed 
Forces into hostilities or into situations where imminent 
involvement in hostilities is clearly indicated by the 
circumstances, and after every such introduction shall consult 
regularly with the Congress until United States Armed Forces 
are no longer engaged in hostilities or have been removed from 
such situations.
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 1542.
---------------------------------------------------------------------------

                               reporting

    Sec. 4.\3\ (a) In the absence of a declaration of war, in 
any case in which United States Armed Forces are introduced--
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 1543.
---------------------------------------------------------------------------
          (1) into hostilities or into situations where 
        imminent involvement in hostilities is clearly 
        indicated by the circumstances;
          (2) into the territory, airspace of waters of a 
        foreign nation, while equipped for combat, except for 
        deployments which relate solely to supply, replacement, 
        repair, or training of such forces; or
          (3) in numbers which substantially enlarge United 
        States Armed Forces equipped for combat already located 
        in a foreign nation;
the President shall submit within 48 hours to the Speaker of 
the House of Representatives and to the President pro tempore 
of the Senate a report, in writing, setting forth--
          (A) the circumstances necessitating the introduction 
        of United States Armed Forces;
          (B) the constitutional and legislative authority 
        under which such introduction took place; and
          (C) the estimated scope and duration of the 
        hostilities or involvement.
    (b) The President shall provide such other information as 
the Congress may request in the fulfillment of its 
constitutional responsibilities with respect to committing the 
Nation to war and to the use of United States Armed Forces 
abroad.
    (c) Whenever United States Armed Forces are introduced into 
hostilities or into any situation described in subsection (a) 
of this section, the President shall, so long as such armed 
forces continue to be engaged in such hostilities or situation, 
report to the Congress periodically on the status of such 
hostilities or situation as well as on the scope and duration 
of such hostilities or situation, but in no event shall he 
report to the Congress less often than once every six months.

                        congressional action \4\

    Sec. 5.\5\ (a) Each report submitted pursuant to section 
4(a)(1) shall be transmitted to the Speaker of the House of 
Representatives and to the President pro tempore of the Senate 
on the same calendar day. Each report so transmitted shall be 
referred to the Committee on Foreign Affairs \6\ of the House 
of Representatives and to the Committee on Foreign Relations of 
the Senate for appropriate action. If, when the report is 
transmitted, the Congress has adjourned sine die or has 
adjourned for any period in excess of three calendar days, the 
Speaker of the House of Representatives and the President pro 
tempore of the Senate, if they deem it advisable (or if 
petitioned by at least 30 percent of the membership of their 
respective Houses) shall jointly request the President to 
convene Congress in order that it may consider the report and 
take appropriate action pursuant to this section.
---------------------------------------------------------------------------
    \4\ Consider also sec. 1013 of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1062; 50 U.S.C. 1546a) which provides:
---------------------------------------------------------------------------

     ``expedited procedures for certain joint resolution and bills
---------------------------------------------------------------------------
    ``Sec. 1013. Any joint resolution or bill introduced in either 
House which requires the removal of United States Armed Forces engaged 
in hostilities outside the territory of the United States, its 
possessions and territories, without a declaration of war or specific 
statutory authorization shall be considered in accordance with the 
procedures of section 601(b) of the International Security Assistance 
and Arms Export Control Act of 1976, except that any such resolution or 
bill shall be amendable. If such a joint resolution or bill should be 
vetoed by the President, the time for debate in consideration of the 
veto message on such measure shall be limited to twenty hours in the 
Senate and in the House shall be determined in accordance with the 
Rules of the House.''.
    For text of sec. 601(b) of the International Security Assistance 
and Arms Export Control Act of 1976, see Legislation on Foreign 
Relations Through 2001, vol. I-A.
    \5\ 50 U.S.C. 1544.
    \6\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) Within sixty calendar days after a report is submitted 
or is required to be submitted pursuant to section 4(a)(1), 
whichever is earlier, the President shall terminate any use of 
United States Armed Forces with respect to which such report 
was submitted (or required to be submitted), unless the 
Congress (1) has declared war or has enacted a specific 
authorization for such use of United States Armed Forces, (2) 
has extended by law such sixty-day period, or (3) is physically 
unable to meet as a result of an armed attack upon the United 
States. Such sixty-day period shall be extended for not more 
than an additional thirty days if the President determines and 
certifies to the Congress in writing that unavoidable military 
necessity respecting the safety of United States Armed Forces 
requires the continued use of such armed forces in the course 
of bringing about a prompt removal of such forces.
    (c) Notwithstanding subsection (b), at any time that United 
States Armed Forces are engaged in hostilities outside the 
territory of the United States, its possessions and territories 
without a declaration of war or specific statutory 
authorization, such forces shall be removed by the President if 
the Congress so directs by concurrent resolution.

   congressional priority procedures for joint resolution or bill \4\

    Sec. 6.\7\ (a) Any joint resolution or bill introduced 
pursuant to section 5(b) at least thirty calendar days before 
the expiration of the sixty-day period specified in such 
section, shall be referred to the Committee on Foreign Affairs 
\6\ of the House of Representatives or the Committee on Foreign 
Relations of the Senate, as the case may be, and such committee 
shall report one such joint resolution or bill, together with 
its recommendations, not later than twenty-four calendar days 
before the expiration of the sixty-day period specified in such 
section, unless such House shall otherwise determine by the 
yeas and nays.
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 1545.
---------------------------------------------------------------------------
    (b) Any joint resolution or bill so reported shall become 
the pending business of the House in question (in the case of 
the Senate the time for debate shall be equally divided between 
the proponents and the opponents), and shall be voted on within 
three calendar days thereafter, unless such House shall 
otherwise determine by yeas and nays.
    (c) Such a joint resolution or bill passed by one House 
shall be referred to the committee of the other House named in 
subsection (a) and shall be reported out not later than 
fourteen calendar days before the expiration of the sixty-day 
period specified in section 5(b). The joint resolution or bill 
so reported shall become the pending business of the House in 
question and shall be voted on within three calendar days after 
it has been reported, unless such House shall otherwise 
determine by yeas and nays.
    (d) In the case of any disagreement between the two Houses 
of Congress with respect to a joint resolution or bill passed 
by both Houses, conferees shall be promptly appointed and the 
committee of conference shall make and file a report with 
respect to such resolution or bill not later than four calendar 
days before the expiration of the sixty-day period specified in 
section 5(b). In the event the conferees are unable to agree 
within 48 hours, they shall report back to their respective 
House in disagreement. Notwithstanding any rule in either House 
concerning the printing of conference reports in the Record or 
concerning any delay in the consideration of such reports, such 
report shall be acted on by both Houses not later than the 
expiration of such sixty-day period.

      congressional priority procedures for concurrent resolution

    Sec. 7.\8\ (a) Any concurrent resolution introduced 
pursuant to section 5(c) shall be referred to the Committee on 
Foreign Affairs \6\ of the House of Representatives or the 
Committee on Foreign Relations of the Senate, as the case may 
be, and one such concurrent resolution shall be reported out by 
such committee together with its recommendations within fifteen 
calendar days, unless such House shall otherwise determine by 
the yeas and nays.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 1546.
---------------------------------------------------------------------------
    (b) Any concurrent resolution so reported shall become the 
pending business of the House in question (in the case of the 
Senate the time for debate shall be equally divided between the 
proponents and the opponents) and shall be voted on within 
three calendar days thereafter, unless such House shall 
otherwise determine by yeas and nays.
    (c) Such a concurrent resolution passed by one House shall 
be referred to the committee of the other House named in 
subsection (a) and shall be reported out by such committee 
together with its recommendations within fifteen calendar days 
and shall thereupon become the pending business of such House 
and shall be voted upon within three calendar days, unless such 
House shall otherwise determine by yeas and nays.
    (d) In the case of any disagreement between the two Houses 
of Congress with respect to a concurrent resolution passed by 
both Houses, conferees shall be promptly appointed and the 
committee of conference shall make and file a report with 
respect to such concurrent resolution within six calendar days 
after the legislation is referred to the committee of 
conference. Notwithstanding any rule in either House concerning 
the printing of conference reports in the Record or concerning 
any delay in the consideration of such reports, such report 
shall be acted on by both Houses not later than six calendar 
days after the conference report is filed. In the event the 
conferees are unable to agree within 48 hours, they shall 
report back to their respective Houses in disagreement.

                   interpretation of joint resolution

    Sec. 8.\9\ (a) Authority to introduce United States Armed 
Forces into hostilities or into situations wherein involvement 
in hostilities is clearly indicated by the circumstances shall 
not be inferred--
---------------------------------------------------------------------------
    \9\ 50 U.S.C. 1547.
---------------------------------------------------------------------------
          (1) from any provision of law (whether or not in 
        effect before the date of the enactment of this joint 
        resolution), including any provision contained in any 
        appropriation Act, unless such provision specifically 
        authorizes the introduction of United States Armed 
        Forces into hostilities or into such situations and 
        states that it is intended to constitute specific 
        statutory authorization within the meaning of this 
        joint resolution; or
          (2) from any treaty heretofore or hereafter ratified 
        unless such treaty is implemented by legislation 
        specifically authorizing the introduction of United 
        States Armed Forces into hostilities or into such 
        situations and stating that it is intended to 
        constitute specific statutory authorization within the 
        meaning of this joint resolution.
    (b) Nothing in this joint resolution shall be construed to 
require any further specific statutory authorization to permit 
members of United States Armed Forces to participate jointly 
with members of the armed forces of one or more foreign 
countries in the headquarters operations of high-level military 
commands which were established prior to the date of enactment 
of this joint resolution and pursuant to the United Nations 
Charter or any treaty ratified by the United States prior to 
such date.
    (c) For purposes of this joint resolution, the term 
``introduction of United States Armed Forces'' includes the 
assignment of members of such armed forces to command, 
coordinate, participate in the movement of, or accompany the 
regular or irregular military forces of any foreign country or 
government when such military forces are engaged, or there 
exists an imminent threat that such forces will become engaged, 
in hostilities.
    (d) Nothing in this joint resolution--
          (1) is intended to alter the constitutional authority 
        of the Congress or of the President, or the provisions 
        of existing treaties; or
          (2) shall be construed as granting any authority to 
        the President with respect to the introduction of 
        United States Armed Forces into hostilities or into 
        situations wherein involvement in hostilities is 
        clearly indicated by the circumstances which authority 
        he would not have had in the absence of this joint 
        resolution.

                          separability clause

    Sec. 9.\10\ If any provision of this joint resolution or 
the application thereof to any person or circumstances is held 
invalid, the remainder of the joint resolution and the 
application of such provision to any other person or 
circumstance shall not be affected thereby.
---------------------------------------------------------------------------
    \10\ 50 U.S.C. 1548.
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                             effective date

    Sec. 10. This joint resolution shall take effect on the 
date of its enactment.
              b. National Emergencies Act, as amended \1\

 Public Law 94-412 [H.R. 3884], 90 Stat. 1255, approved September 14, 
 1976; Public Law 95-223 [International Emergency Economic Powers Act, 
H.R. 7738], 91 Stat. 1625, approved December 28, 1977; Public Law 99-93 
[Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 
 2068], 99 Stat. 448, approved August 16, 1985; and by Public Law 105-
 362 [Federal Reports Elimination Act of 1998 [Public Law 105-362; S. 
           1364], 112 Stat. 3280, approved November 10, 1998

   AN ACT To terminate certain authorities with respect to national 
emergencies still in effect, and to provide for orderly implementation 
            and termination of future national emergencies.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``National Emergencies Act''.
---------------------------------------------------------------------------
    \1\ See also Legislation on Foreign Relations Through 2000, vol. 
III, sec. J, on International Economic Sanctions.
---------------------------------------------------------------------------

           TITLE I--TERMINATING EXISTING DECLARED EMERGENCIES

    Sec. 101.\2\ (a) All powers and authorities possessed by 
the President, any other officer or employee of the Federal 
Government, or any executive agency, as defined in section 105 
of title 5, United States Code, as a result of the existence of 
this Act are terminated two years from the date of such 
enactment. Such termination shall not affect--
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 1601.
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          (1) any action taken or proceeding pending not 
        finally concluded or determined on such date;
          (2) any action or proceeding based on any act 
        committed prior to such date; or
          (3) any rights or duties that matured or penalties 
        that were incurred prior to such date.
    (b) For the purpose of this section, the words ``any 
national emergency in effect'' means a general declaration of 
emergency made by the President.

         TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

    Sec. 201.\3\ (a) With respect to Acts of Congress 
authorizing the exercise, during the period of a national 
emergency, of any special or extraordinary power, the President 
is authorized to declare such national emergency. Such 
proclamation shall immediately be transmitted to the Congress 
and published in the Federal Register.
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 1621.
---------------------------------------------------------------------------
    (b) Any provisions of law conferring powers and authorities 
to be exercised during a national emergency shall be effective 
and remain in effect (1) only when the President (in accordance 
with subsection (a) of this section), specifically declares a 
national emergency, and (2) only in accordance with this Act. 
No law enacted after the date of enactment of this Act shall 
supersede this title unless it does so in specific terms, 
referring to this title, and declaring that the new law 
supersedes the provisions of this title.
    Sec. 202.\4\ (a) Any national emergency declared by the 
President in accordance with this title shall terminate if--
---------------------------------------------------------------------------
    \4\ 50 U.S.C. 1622. References to a ``joint'' resolution instead of 
a ``concurrent'' resolution in this section were added by sec. 801 of 
the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 
(Public Law 99-93; 99 Stat. 448).
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          (1) there is enacted into law a joint resolution 
        terminating the emergency; or
          (2) the President issues a proclamation terminating 
        the emergency.
Any national emergency declared by the President shall be 
terminated on the date specified in any joint resolution 
referred to in clause (1) or on the date specified in a 
proclamation by the President terminating the emergency as 
provided in clause (2) of this subsection, whichever date is 
earlier, and any powers or authorities exercised by reason of 
said emergency shall cease to be exercised after such specified 
date, except that such termination shall not affect--
          (A) any action taken or proceeding pending not 
        finally concluded or determined on such date;
          (B) any action or proceeding based on any act 
        committed prior to such date; or
          (C) any rights or duties that matured or penalties 
        that were incurred prior to such date.
    (b) Not later than six months after a national emergency is 
declared, and not later than the end of each six-month period 
thereafter that such emergency continues, each House of 
Congress shall meet to consider a vote on a joint resolution to 
determine whether that emergency shall be terminated.
    (c)(1) A joint resolution to terminate a national emergency 
declared by the President shall be referred to the appropriate 
committee of the House of Representatives or the Senate, as the 
case may be. One such joint resolution shall be reported out by 
such committee together with its recommendations within fifteen 
calendar days after the day on which such resolution is 
referred to such committee, unless such House shall otherwise 
determine by the yeas and nays.
    (2) Any joint resolution so reported shall become the 
pending business of the House in question (in the case of the 
Senate the time for debate shall be equally divided between the 
proponents and the opponents) and shall be voted on within 
three calendar days after the day on which such resolution is 
reported, unless such House shall otherwise determine by yeas 
and nays.
    (3) Such a joint resolution passed by one House shall be 
referred to the appropriate committee of the other House and 
shall be reported out by such committee together with its 
recommendations within fifteen calendar days after the day on 
which such resolution is referred to such committee and shall 
thereupon become the pending business of such House and shall 
be voted upon within three calendar days after the day on which 
such resolution is reported, unless such House shall otherwise 
determine by yeas and nays.
    (4) In the case of any disagreement between the two Houses 
of Congress with respect to a joint resolution passed by both 
Houses, conferees shall be promptly appointed and the committee 
of conference shall make and file a report with respect to such 
joint resolution within six calendar days after the day on 
which managers on the part of the Senate and the House have 
been appointed. Notwithstanding any rule in either House 
concerning the printing of conference reports or concerning any 
delay in the consideration of such reports, such report shall 
be acted on by both Houses not later than six calendar days 
after the conference report is filed in the House in which such 
report is filed first. In the event the conferees are unable to 
agree within forty-eight hours, they shall report back to their 
respective houses in disagreement.
    (5) Paragraphs (1)-(4) of this subsection, subsection (b) 
of this section, and section 502(b) of this Act are enacted by 
Congress--
          (A) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such they are deemed a part of the rules of each 
        House, respectively, but applicable only with respect 
        to the procedure to be followed in the House in the 
        case of resolutions described by this subsection; and 
        they supersede other rules only to the extent that they 
        are inconsistent therewith; with
          (B) with full recognition of the constitutional right 
        of either House to change the rules (so far as relating 
        to the procedure of that House) at any time, in the 
        same manner, and to the same extent as in the case of 
        any other rule of that House.
    (d) Any national emergency declared by the President in 
accordance with this title, and not otherwise previously 
terminated, shall terminate on the anniversary of the 
declaration of that emergency if, within the ninety-day period 
prior to each anniversary date, the President does not publish 
in the Federal Register and transmit to the Congress a notice 
stating that such emergency is to continue in effect after such 
anniversary.

        TITLE III--EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

    Sec. 301.\5\ When the President declares a national 
emergency, no powers or authorities made available by statute 
for use in the event of an emergency shall be exercised unless 
and until the President specifies the provisions of law under 
which he proposes that he, or other officers will act. Such 
specification may be made either in the declaration of a 
national emergency, or by one or more contemporaneous or 
subsequent Executive orders published in the Federal Register 
and transmitted to the Congress.
---------------------------------------------------------------------------
    \5\ 50 U.S.C. 1631.
---------------------------------------------------------------------------

  TITLE IV--ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT

    Sec. 401.\6\ (a) When the President declares a national 
emergency, or Congress declares war, the President shall be 
responsible for maintaining a file and index of all significant 
orders of the President, including Executive orders and 
proclamations, and each Executive agency shall maintain a file 
and index of all rules and regulations, issued during such 
emergency or war issued pursuant to such declarations.
---------------------------------------------------------------------------
    \6\ 50 U.S.C. 1641.
---------------------------------------------------------------------------
    (b) All such significant orders of the President, including 
Executive orders, and such rules and regulations shall be 
transmitted to the Congress promptly under means to assure 
confidentiality where appropriate.
    (c) When the President declares a national emergency or 
Congress declares war, the President shall transmit to 
Congress, within ninety days after the end of each six-month 
period after such declarations, a report on the total 
expenditures incurred by the United States Government during 
such six-month period which are directly attributable to the 
exercise of powers and authorities conferred by such 
declaration. Not later than ninety days after the termination 
of each such emergency or war, the President shall transmit a 
final report on all such expenditures.

 TITLE V--REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER 
                                STATUTES

    Sec. 501. (a) Section 349(a) of the Immigration and 
Nationality Act (8 U.S.C. 148(a)) is amended--
          (1) at the end of paragraph (9), by striking out ``; 
        or'' and inserting in lieu thereof a period; and
          (2) by striking out paragraph (10).
    (b) Section 2667(b) of title 10 of the United States Code 
is amended--
          (1) by inserting ``and'' at the end of paragraph (3);
          (2) by striking out paragraph (4); and
          (3) by redesignating paragraph (5) and (4).
    (c) The joint resolution entitled ``Joint resolution to 
authorize the temporary continuation of regulation of consumer 
credit'', approved August 8, 1947 (12 U.S.C. 249), is repealed.
    (d) Section 5(m) of the Tennessee Valley Authority Act of 
1933 as amended (16 U.S.C. 831d(m)) is repealed.
    (e) Section 1383 of title 18, United States Code, is 
repealed.
    (f) Section 6 of the Act entitled ``An Act to amend the 
Public Health Service Act is regard to certain matters of 
personnel and administration, and for other purposes'', 
approved February 28, 1948, is amended by striking out 
subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b).
    (g) Section 9 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1742) is repealed.
    (h) This section shall not affect--
          (1) any action taken or proceeding pending not 
        finally concluded or determined at the time of repeal;
          (2) any action or proceeding based on any act 
        committed prior to repeal; or
          (3) any rights or duties that matured or penalties 
        that were incurred prior to repeal;
    Sec. 502.\7\ (a) The provisions of this Act shall not apply 
to the following provisions of law, the powers and authorities 
conferred thereby, and actions taken thereunder:
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 1651.
---------------------------------------------------------------------------
          (1) * * * [Repealed--1977] \8\
---------------------------------------------------------------------------
    \8\ Paragraph (1), which contained a reference to sec. 5(b) of the 
Trading With the Enemy Act, was repealed by sec. 101(d) of Public Law 
95-223 (91 Stat. 1625).
---------------------------------------------------------------------------
          (2) Act of April 28, 1942 (40 U.S.C. 278b);
          (3) Act of June 30, 1949 (41 U.S.C. 252);
          (4) Section 3477 of the Revised Statutes, as amended 
        (31 U.S.C. 203);
          (5) Section 3737 of the Revised Statutes, as amended 
        (41 U.S.C. 15);
          (6) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat. 
        972; 50 U.S.C. 1431 et seq.); \9\
---------------------------------------------------------------------------
    \9\ Sec. 901(r)(2) of Public Law 105-362 (112 Stat. 3291) struck 
out ``1431-1435'' and inserted in lieu thereof ``1431 et seq.''.
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          (7) Section 2304(a)(1) of title 10, United States 
        Code;
          (8) Section 3313, 6386(c), and 8313 of title 10, 
        United States Code.
    (b) Each committee of the House of Representatives and the 
Senate having jurisdiction with respect to any provision of law 
referred to in subsection (a) of this section shall make a 
complete study and investigation concerning that provision of 
law and make a report, including any recommendations and 
proposed revisions such committee may have, to its respective 
House of Congress within two hundred and seventy days after the 
date of enactment of this Act.
                  c. United States Policy Toward Haiti

 Public Law 103-423 [S.J. Res. 229], 108 Stat. 4358, approved October 
                                25, 1994

     JOINT RESOLUTION Regarding United States policy toward Haiti.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1.\1\ SENSE OF CONGRESS REGARDING UNITED STATES ARMED FORCES 
                    OPERATIONS IN HAITI.

    It is the sense of Congress that--
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1541 note. Sec. 1232 of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
788) provided the following:
    ``Sec. 1232. limitation on deployment of armed forces in haiti 
during fiscal year 2000 and congressional notice of deployments to 
haiti.
    ``(a) Limitation on Deployment.--No funds available to the 
Department of Defense during fiscal year 2000 may be expended after May 
31, 2000, for the continuous deployment of United States Armed Forces 
in Haiti pursuant to the Department of Defense operation designated as 
Operation Uphold Democracy.
    ``(b) Report.--Whenever there is a deployment of United States 
Armed Forces to Haiti after May 31, 2000, the President shall, not 
later than 96 hours after such deployment begins, transmit to Congress 
a written report regarding the deployment. In any such report, the 
President shall specify (1) the purpose of the deployment, and (2) the 
date on which the deployment is expected to end.''.
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          (a) the men and women of the United States Armed 
        Forces in Haiti who are performing with professional 
        excellence and dedicated patriotism are to be 
        commended;
          (b) the President should have sought and welcomed 
        Congressional approval before deploying United States 
        Armed Forces to Haiti;
          (c) the departure from power of the de facto 
        authorities in Haiti, and Haitian efforts to achieve 
        national reconciliation, democracy and the rule of law 
        are in the best interests of the Haitian people;
          (d) the President's lifting of the unilateral 
        economic sanctions on Haiti, and his efforts to bring 
        about the lifting of economic sanctions imposed by the 
        United Nations are appropriate; and
          (e) Congress supports a prompt and orderly withdrawal 
        of all United States Armed Forces from Haiti as soon as 
        possible.

SEC. 2.\1\ PRESIDENTIAL STATEMENT OF NATIONAL SECURITY OBJECTIVES.

    The President shall prepare and submit to the President pro 
tempore of the Senate and the Speaker of the House of 
Representatives (hereafter, ``Congress'') not later than seven 
days after enactment of this resolution a statement of the 
national security objectives to be achieved by Operation Uphold 
Democracy, and a detailed description of United States policy, 
the military mission and the general rules of engagement under 
which operations of United States Armed Forces are conducted in 
and around Haiti, including the role of United States Armed 
Forces regarding Haitian on Haitian violence, and efforts to 
disarm Haitian military or police forces, or civilians. Changes 
or modifications to such objectives, policy, military mission, 
or general rules of engagement shall be submitted to Congress 
within forty-eight hours of approval.

SEC. 3.\1\ REPORT ON THE SITUATION IN HAITI.

    Not later than November 1, 1994, and monthly thereafter 
until the cessation of Operation Uphold Democracy, the 
President shall submit a report to Congress on the situation in 
Haiti, including--
          (a) a listing of the units of the United States Armed 
        Forces and of the police and military units of other 
        nations participating in operations in and around 
        Haiti;
          (b) the estimated duration of Operation Uphold 
        Democracy and progress toward the withdrawal of all 
        United States Armed Forces from Haiti consistent with 
        the goal of section 1(e) of this resolution;
          (c) armed incidents or the use of force in or around 
        Haiti involving United States Armed Forces or Coast 
        Guard personnel in the time period covered by the 
        report;
          (d) the estimated cumulative incremental cost of all 
        United States activities subsequent to September 30, 
        1993, in and around Haiti, including but not limited 
        to--
                  (1) the cost of all deployments of United 
                States Armed Forces and Coast Guard personnel, 
                training, exercises, mobilization, and 
                preparation activities, including the 
                preparation of police and military units of the 
                other nations of the multinational force 
                involved in enforcement of sanctions, limits on 
                migration, establishment and maintenance of 
                migrant facilities at Guantanamo Bay and 
                elsewhere, and all other activities relating to 
                operations in and around Haiti; and
                  (2) the costs of all other activities 
                relating to United States policy toward Haiti, 
                including humanitarian assistance, 
                reconstruction, aid and other financial 
                assistance, and all other costs to the United 
                States Government;
          (e) a detailed accounting of the source of funds 
        obligated or expended to meet the costs described in 
        subparagraph (d), including--
                  (1) in the case of funds expended from the 
                Department of Defense budget, a breakdown by 
                military service or defense agency, line item 
                and program, and
                  (2) in the case of funds expended from the 
                budgets of departments and agencies other than 
                the Department of Defense, by department or 
                agency and program;
          (f) the Administration plan for financing the costs 
        of the operations and the impact on readiness without 
        supplemental funding;
          (g) a description of the situation in Haiti, 
        including--
                  (1) the security situation;
                  (2) the progress made in transferring the 
                functions of government to the democratically 
                elected government of Haiti; and
                  (3) progress toward holding free and fair 
                parliamentary elections;
          (h) a description of issues relating to the United 
        Nations Mission in Haiti (UNMIH), including--
                  (1) the preparedness of the United Nations 
                Mission in Haiti (UNMIH) to deploy to Haiti to 
                assume its functions;
                  (2) troop commitments by other nations to 
                UNMIH;
                  (3) the anticipated cost to the United States 
                of participation in UNMIH, including payments 
                to the United Nations and financial, material 
                and other assistance to UNMIH;
                  (4) proposed or actual participation of 
                United States Armed Forces in UNMIH;
                  (5) proposed command arrangements for UNMIH, 
                including proposed or actual placement of 
                United States Armed Forces under foreign 
                command; and
                  (6) the anticipated duration of UNMIH.

SEC. 4.\1\ REPORT ON HUMAN RIGHTS.

    Not later than January 1, 1995, the Secretary of State 
shall report to Congress on the participation or involvement of 
any member of the de jure or de facto Haitian government in 
violations of internationally-recognized human rights from 
December 15, 1990, to December 15, 1994.

SEC. 5.\1\ REPORT ON UNITED STATES AGREEMENTS.

    Not later than November 15, 1994, the Secretary of State 
shall provide a comprehensive report to Congress on all 
agreements the United States has entered into with other 
nations, including any assistance pledged or provided, in 
connection with United States efforts in Haiti. Such report 
shall also include information on any agreements or commitments 
relating to United Nations Security Council actions concerning 
Haiti since 1992.

SEC. 6.\1\ TRANSITION TO UNITED NATIONS MISSION IN HAITI.

    Nothing in this resolution should be construed or 
interpreted to constitute Congressional approval or disapproval 
of the participation of United States Armed Forces in the 
United Nations Mission in Haiti.
      d. Authorization for Use of Military Force Against Iraq \1\

  Public Law 102-1 [H.J. Res. 77], 105 Stat. 3, approved January 14, 
  1991; amended by Public Law 106-113 [Admiral James W. Nance and Meg 
  Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
 2001, H.R. 3427, enacted by reference in H.R. 3194], 113 Stat. 1536, 
                       approved November 29, 1999

  JOINT RESOLUTION To authorize the use of United States Armed Forces 
      pursuant to United Nations Security Council Resolution 678.

Whereas the Government of Iraq without provocation invaded and 
    occupied the territory of Kuwait on August 2, 1990;
---------------------------------------------------------------------------
    \1\ For other legislation on U.S. policy toward Iraq, see 
Legislation on Foreign Relations Through 2001, vol. I-B.
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Whereas both the House of Representatives (in H. J. Res. 658 of 
    the 101st Congress) and the Senate (in S. Con. Res. 147 of 
    the 101st Congress) have condemned Iraq's invasion of 
    Kuwait and declared their support for international action 
    to reverse Iraq's aggression;
Whereas, Iraq's conventional, chemical, biological, and nuclear 
    weapons and ballistic missile programs and its demonstrated 
    willingness to use weapons of mass destruction pose a grace 
    threat to world peace;
Whereas the international community has demanded that Iraq 
    withdraw unconditionally and immediately from Kuwait and 
    that Kuwait's independence and legitimate government be 
    restored;
Whereas the United Nations Security Council repeatedly affirmed 
    the inherent right of individual or collective self-defense 
    in response to the armed attack by Iraq against Kuwait in 
    accordance with Article 51 of the United Nations Charter;
Whereas, in the absence of full compliance by Iraq with its 
    resolutions, the United Nations Security Council in 
    Resolution 678 has authorized member states of the United 
    Nations to use all necessary means, after January 15, 1991, 
    to uphold and implement all relevant Security Council 
    resolutions and to restore international peace and security 
    in the area; and
Whereas Iraq has persisted in its illegal occupation of, and 
    brutal aggression against Kuwait: Now, therefore be it

    Resolved by the Senate and House of Representatives of the 
United States of American in Congress, assembled,

SECTION 1. SHORT TITLE

    This joint resolution may be cited as the ``Authorization 
for Use of Military Force Against Iraq Resolution''.

SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

    (a) Authorization.--The President is authorized, subject to 
subsection (b), to use United States Armed Forces pursuant to 
United Nations Security Council Resolution 678 (1990) in order 
to achieve implementation of Security Council Resolutions 660, 
661, 662, 664, 665, 666, 667, 669, 670, 674, and 677.\2\
---------------------------------------------------------------------------
    \2\ United Nations Security Council Resolution 678, adopted 
November 29, 1990, recalled and reaffirmed the intentions of earlier 
U.N. resolutions relating to Iraq's invasion of Kuwait on August 2, 
1990. Earlier resolutions, in part: condemned the Iraqi invasion of 
Kuwait, demanded that Iraq withdraw immediately and unconditionally 
from Kuwait, called on Iraq and Kuwait to begin negotiations for the 
resolution of their differences (Resolution 660 adopted August 2, 
1990); prevented trade relations between Iraq and U.N. Member States, 
or the import of any Iraqi or Kuwaiti products, and established a 
Committee of the Security Council to examine progress of this trade 
embargo (Resolution 661 adopted August 6, 1990); determined that the 
annexation of Kuwait by Iraq had no legal validity (Resolution 662 of 
August 9, 1990); demanded that Iraq facilitate and permit the immediate 
departure from Kuwait and Iraq of third country citizens (Resolution 
664 adopted August 18, 1990); called upon Member States to blockade 
maritime activity to the region (Resolution 665 adopted August 25, 
1990); considered an exemption of the trade embargo for foodstuffs to 
Iraq and Kuwait (Resolution 666 adopted September 13, 1990); condemned 
Iraq's aggressions against international diplomatic premises and 
personnel in Kuwait (Resolution 667 adopted September 16, 1990); 
expanded responsibilities of the Committee established under Resolution 
661 (Resolution 669 adopted September 14, 1990); further defined the 
trade embargo to include air traffic, and called upon Member States to 
detain Iraqi ships in port (Resolution 670 adopted September 25, 1990); 
condemned the taking of third nation nationals hostage, and condemned 
the destruction of Kuwaiti property by Iraq (Resolution 674 adopted 
October 29, 1990); and condemned Iraqi attempts to alter the 
demographic composition of the Kuwaiti population (Resolution 677 
adopted November 28, 1990).
    Resolution 678, adopted by the U.N. Security Council on November 
29, 1990, in part:
    ``Demands that Iraq comply fully with resolutions 660 (1990) and 
all subsequent relevant resolutions, and decides, while maintaining all 
its decisions, to allow Iraq one final opportunity, as a pause of 
goodwill, to do so;
    ``Authorizes Member States cooperating with the Government of 
Kuwait, unless Iraq on or before 15 January 1991 fully implements, as 
set forth in paragraph 1 above, the foregoing resolutions, to use all 
necessary means to uphold and implement resolution 660 (1990) and all 
subsequent relevant resolutions and to restore international peace and 
security in the area;''.
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    (b) Requirement for Determination That Use of Military 
Force Is Necessary.--Before exercising the authority granted in 
subsection (a), the President shall made available to the 
Speaker of the House of Representatives and the President pro 
tempore of the Senate his determination that--
          (1) the United States has used all appropriated 
        diplomatic and other peaceful means to obtain 
        compliance by Iraq with the United Nations Security 
        Council resolutions cited in subsection (a); and
          (2) that those efforts have not been and would not be 
        successful in obtaining such compliance.
    (c) War Powers Resolution Requirements.--
          (1) Specific statutory authorization.--Consistent 
        with section 8(a)(1) of the War Powers Resolution, the 
        Congress declares that this section is intended to 
        constitute specific statutory authorization within the 
        meaning of section 5(b) of the War Powers Resolution.
          (2) Applicability of other requirements.--Nothing in 
        this resolution supersedes any requirement of the War 
        Powers Resolution.

SEC. 3. REPORTS TO CONGRESS.

    At least once every 90 \3\ days, the President shall submit 
to the Congress a summary on the status of efforts to obtain 
compliance by Iraq with the resolutions adopted by the United 
Nations Security Council in response to Iraq's aggression.
---------------------------------------------------------------------------
    \3\ Sec. 207 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``60'' and inserted in lieu thereof ``90''.
         e. Authorization for Use of Military Force in Somalia

       Partial text of Public Law 103-139 [Department of Defense 
Appropriations Act, 1994; H.R. 2519], 107 Stat. 1418 at 1475, approved 
                           November 11, 1993

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 1994, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1994, for military functions administered by the 
Department of Defense, and for other purposes, namely:

          * * * * * * *
    Sec. 8151.\1\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1541 note.
---------------------------------------------------------------------------
          (1) the United States entered into Operation Restore 
        Hope in December of 1992 for the purpose of relieving 
        mass starvation in Somalia;
          (2) the original mission in Somalia, to secure the 
        environment for humanitarian relief, had the unanimous 
        support of the Senate, expressed in Senate Joint 
        Resolution 45, passed on February 4, 1993, and was 
        endorsed by the House when it amended S.J. Res. 45 on 
        May 25, 1993;
          (3) Operation Restore Hope was being successfully 
        accomplished by United States forces, working with 
        forces of other nations, when it was replaced by the 
        UNOSOM II mission, assumed by the United Nations on May 
        4, 1993, pursuant to United Nations Resolution 814 of 
        March 26, 1993;
          (4) neither the expanded United Nations mission of 
        national reconciliation, nor the broad mission of 
        disarming the clans, nor any other mission not 
        essential to the performance of the humanitarian 
        mission has been endorsed or approved by the Senate;
          (5) the expanded mission of the United Nations was, 
        subsequent to an attack upon United Nations forces, 
        diverted into a mission aimed primarily at capturing 
        certain persons, pursuant to United Nations Security 
        Council Resolution 837, of June 6, 1993;
          (6) the actions of hostile elements in Mogadishu, and 
        the United Nations mission to subdue those elements, 
        have resulted in open conflict in the city of Mogadishu 
        and the deaths of 29 Americans, at least 159 wounded, 
        and the capture of American personnel; and
          (7) during fiscal years 1992 and 1993, the United 
        States incurred expenses in excess of $1,100,000,000 to 
        support operations in Somalia.
      (b) The Congress approves the use of United States Armed 
Forces in Somalia for the following purposes:
          (1) The protection of United States personnel and 
        bases; and
          (2) The provision of assistance in securing open 
        lines of communication for the free flow of supplies 
        and relief operations through the provision of--
                  (A) United States military logistical support 
                services to United Nations forces; and
                  (B) United States combat forces in a security 
                role and as an interim force protection 
                supplement to United Nations units: Provided, 
                That funds appropriated, or otherwise made 
                available, in this or any other Act to the 
                Department of Defense may be obligated for 
                expenses incurred only through March 31, 1994, 
                for the operations of United States Armed 
                Forces in Somalia: Provided further, That such 
                date may be extended if so requested by the 
                President and authorized by the Congress: 
                Provided further, That funds may be obligated 
                beyond March 31, 1994 to support a limited 
                number of United States military personnel 
                sufficient only to protect American diplomatic 
                facilities and American citizens, and noncombat 
                personnel to advise the United Nations 
                commander in Somalia: Provided further, That 
                United States combat forces in Somalia shall be 
                under the command and control of United States 
                commanders under the ultimate direction of the 
                President of the United States: Provided 
                further, That the President should intensify 
                efforts to have United Nations member countries 
                immediately deploy additional troops to Somalia 
                to fulfill previous force commitments made to 
                the United Nations and to deploy additional 
                forces to assume the security missions of 
                United States Armed Forces: Provided further, 
                That--
                          (i) captured United States personnel 
                        in Somalia should be treated humanely 
                        and fairly; and
                          (ii) the United States and the United 
                        Nations should make all appropriate 
                        efforts to ensure the immediate and 
                        safe return of any future captured 
                        United States personnel: Provided 
                        further, That the President should 
                        ensure that, at all times, United 
                        States military personnel in Somalia 
                        have the capacity to defend themselves, 
                        and American citizens: Provided 
                        further, That the United States Armed 
                        Forces should remain deployed in or 
                        around Somalia until such time as all 
                        American service personnel missing in 
                        action in Somalia are accounted for, 
                        and all American service personnel held 
                        prisoner in Somalia are released: 
                        Provided further, That nothing herein 
                        shall be deemed to restrict in any way 
                        the authority of the President under 
                        the Constitution to protect the lives 
                        of Americans.
          * * * * * * *
                    f. U.S. Armed Forces in Somalia

Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547 at 1840, 
                       approved November 30, 1993

 AN ACT To authorize appropriations for fiscal year 1994 for military 
activities of the Department of Defense, for military construction, and 
   for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year for the Armed Forces, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SEC. 1512.\1\ INVOLVEMENT OF ARMED FORCES IN SOMALIA.

    (a) Sense of Congress Regarding United States Policy Toward 
Somalia.--
          (1) Since United States Armed Forces made significant 
        contributions under Operation Restore Hope towards the 
        establishment of a secure environment for humanitarian 
        relief operations and restoration of peace in the 
        region to end the humanitarian disaster that had 
        claimed more than 300,000 lives.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1541 note.
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          (2) Since the mission of United States forces in 
        support of the United Nations appears to be evolving 
        from the establishment of ``a secure environment for 
        humanitarian relief operations,'' as set out in United 
        Nations Security Council Resolution 794 of December 3, 
        1992, to one of internal security and nation building.
    (b) Statement of Congressional Policy.--
          (1) Consultation with the congress.--The President 
        should consult closely with the Congress regarding 
        United States policy with respect to Somalia, including 
        in particular the deployment of United States Armed 
        Forces in that country, whether under United Nations or 
        United States command.
          (2) Planning.--The United States shall facilitate the 
        assumption of the functions of United States forces by 
        the United Nations.
          (3) Reporting requirement.--
                  (A) The President shall ensure that the goals 
                and objectives supporting deployment of United 
                States forces to Somalia and a description of 
                the mission, command arrangements, size, 
                functions, location, and anticipated duration 
                in Somalia of those forces are clearly 
                articulated and provided in a detailed report 
                to the Congress by October 15, 1993.
                  (B) Such report shall include the status of 
                planning to transfer the function contained in 
                paragraph (2).
          (4) Congressional approval.--Upon reporting under the 
        requirements of paragraph (3) Congress believes the 
        President should by November 15, 1993, seek and receive 
        congressional authorization in order for the deployment 
        of United States forces to Somalia to continue.
          * * * * * * *
              g. United States Military Forces in Lebanon

           (1) Multinational Force in Lebanon Resolution \1\

 Public Law 98-119 [S.J. Res. 159], 97 Stat. 805, approved October 12, 
                                  1983

  A JOINT RESOLUTION Providing statutory authorization under the War 
  Powers Resolution for continued United States participation in the 
    multinational peacekeeping force in Lebanon in order to obtain 
             withdrawal of all foreign forces from Lebanon.

    Resolve by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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    \1\ 50 U.S.C. 1541 note.
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                              short title

    Section 1. This joint resolution may be cited as the 
``Multinational Force in Lebanon Resolution''.

                          findings and purpose

    Sec. 2. (a) The Congress finds that--
          (1) the removal of all foreign forces from Lebanon is 
        an essential United States foreign policy objective in 
        the Middle East;
          (2) in order to restore full control by the 
        Government of Lebanon over its own territory, the 
        United States is currently participating in the 
        multinational peacekeeping force (hereafter in this 
        resolution referred to as the ``Multinational Force in 
        Lebanon'') which was established in accordance with the 
        exchange of letters between the Governments of the 
        United States and Lebanon dated September 25, 1982;
          (3) the Multinational Force in Lebanon better enables 
        the Government of Lebanon to establish its unity, 
        independence, and territorial integrity;
          (4) progress toward national political reconciliation 
        in Lebanon is necessary; and
          (5) United States Armed Forces participating in the 
        Multinational Force in Lebanon are now in hostilities 
        requiring authorization of their continued presence 
        under the War Powers Resolution.
    (b) The Congress determines that the requirements of 
section 4(a)(1) of the War Powers Resolution became operative 
on August 29, 1983. Consistent with section 5(b) of the War 
Powers Resolution, the purpose of this joint resolution is to 
authorize the continued participation of United States Armed 
Forces in the Multinational Force in Lebanon.
    (c) The Congress intends this joint resolution to 
constitute the necessary specific statutory authorization under 
the War Powers Resolution for continued participation by United 
States Armed Forces in the Multinational Force in Lebanon.

authorization for continued participation of united states armed forces 
                 in the multinational force in lebanon

    Sec. 3. The President is authorized, for purposes of 
section 5(b) of the War Powers Resolution, to continue 
participation by United States Armed Forces in the 
Multinational Force in Lebanon, subject to the provisions of 
section 6 of this joint resolution. Such participation shall be 
limited to performance of the functions, and shall be subject 
to the limitations, specified in the agreement establishing the 
Multinational Force in Lebanon as set forth in the exchange of 
letters between the Governments of the United States and 
Lebanon dated September 25, 1982, except that this shall not 
preclude such protective measures as may be necessary to ensure 
the safety of the Multinational Force in Lebanon.

                        reports to the congress

    Sec. 4. As required by section 4(c) of the War Powers 
Resolution, the President shall report periodically to the 
Congress with respect to the situation in Lebanon, but in no 
event shall he report less often than once every three months. 
In addition to providing the information required by that 
section on the status, scope, and duration of hostilities 
involving United States Armed Forces, such reports shall 
describe in detail--
          (1) the activities being performed by the 
        Multinational Force in Lebanon;
          (2) the present composition of the Multinational 
        Force in Lebanon, including a description of the 
        responsibilities and deployment of the armed forces of 
        each participating country;
          (3) the results of efforts to reduce and eventually 
        eliminate the Multinational Force in Lebanon;
          (4) how continued United States participation in the 
        Multinational Force in Lebanon is advancing United 
        States foreign policy interests in the Middle East; and
          (5) what progress has occurred toward national 
        political reconciliation among all Lebanese groups.

                          statements of policy

    Sec. 5. (a) The Congress declares that the participation of 
the armed forces of other countries in the Multinational Force 
in Lebanon is essential to maintain the international character 
of the peacekeeping function in Lebanon.
    (b) The Congress believes that it should continue to be the 
policy of the United States to promote continuing discussions 
with Israel, Syria, and Lebanon with the objective of bringing 
about the withdrawal of all foreign troops from Lebanon and 
establishing an environment which will permit the Lebanese 
Armed Forces to carry out their responsibilities in the Beirut 
area.
    (c) It is the sense of the Congress that, not later than 
one year after the date of enactment of this joint resolution 
and at least once a year thereafter, the United States should 
discuss with the other members of the Security Council of the 
United Nations the establishment of a United Nations 
peacekeeping force to assume the responsibilities of the 
Multinational Force in Lebanon. An analysis of the implications 
of the response to such discussions for the continuation of the 
Multinational Force in Lebanon shall be included in the reports 
required under paragraph (3) of section 4 of this resolution.

   duration of authorization for united states participation in the 
                     multinational force in lebanon

    Sec. 6. The participation of United States Armed Forces in 
the Multinational Force in Lebanon shall be authorized for 
purposes of the War Powers Resolution until the end of the 
eighteen-month period beginning on the date of enactment of 
this resolution unless the Congress extends such authorization, 
except that such authorization shall terminate sooner upon the 
occurrence of any one of the following:
          (1) the withdrawal of all foreign forces from 
        Lebanon, unless the President determines and certifies 
        to the Congress that continued United States Armed 
        Forces participation in the Multinational Force in 
        Lebanon is required after such withdrawal in order to 
        accomplish the purposes specified in the September 25, 
        1982, exchange of letters providing for the 
        establishment of the Multinational Force in Lebanon; or
          (2) the assumption by the United Nations or the 
        Government of Lebanon of the responsibilities of the 
        Multinational Force in Lebanon; or
          (3) the implementation of other effective security 
        arrangements in the area; or
          (4) the withdrawal of all other countries from 
        participation in the Multinational Force in Lebanon.

                   interpretation of this resolution

    Sec. 7. (a) Nothing in this joint resolution shall preclude 
the President from withdrawing United States Armed Forces 
participation in the Multinational Force in Lebanon if 
circumstances warrant and nothing in this joint resolution 
shall preclude the Congress by joint resolution from directing 
such a withdrawal.
    (b) Nothing in this joint resolution modifies, limits, or 
supersedes any provision of the War Powers Resolution or the 
requirement of section 4(a) of the Lebanon Emergency Assistance 
Act of 1983, relating to congressional authorization for any 
substantial expansion in the number or role of United States 
Armed Forces in Lebanon.

            congressional priority procedures for amendments

    Sec. 8. (a) Any joint resolution or bill introduced to 
amend or repeal this Act shall be referred to the Committee on 
Foreign Affairs \2\ of the House of Representatives or the 
Committee on Foreign Relations of the Senate, as the case may 
be. Such joint resolution or bill shall be considered by such 
committee within fifteen calendar days and may be reported out, 
together with its recommendations, unless such House shall 
otherwise determine pursuant to its rules.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) Any joint resolution or bill so reported shall become 
the pending business of the House in question (in the case of 
the Senate the time for debate shall be equally divided between 
the proponents and the opponents) and shall be voted on within 
three calendar days thereafter, unless such House shall 
otherwise determine by the yeas and nays.
    (c) Such a joint resolution or bill passed by one House 
shall be referred to the committee of the other House named in 
subsection (a) and shall be reported out by such committee 
together with its recommendations within fifteen calendar days 
and shall thereupon become the pending business of such House 
and shall be voted upon within three calendar days, unless such 
House shall otherwise determine by the yeas and nays.
    (d) In the case of any disagreement between the two Houses 
of Congress with respect to a joint resolution or bill passed 
by both Houses conferees shall be promptly appointed and the 
committee of conference shall make and file a report with 
respect to such joint resolution within six calendar days after 
the legislation is referred to the committee of conference. 
Notwithstanding any rule in either House concerning the 
printing of conference reports in the Record or concerning any 
delay in the consideration of such reports, such report shall 
be acted on by both Houses not later than six calendar days 
after the conference report is filed. In the event the 
conferees are unable to agree within forty-eight hours, they 
shall report back to their respective Houses in disagreement.
  (2) Agreement Between the United States and Lebanon Regarding U.S. 
   Participation in the Multinational Force, Dated September 25, 1982

    Your Excellency: I have the honor to refer to the urgent 
discussions between representatives of our two Governments 
concerning the recent tragic events which have occurred in the 
Beirut area, and to consultations between my Government and the 
Secretary General of the United Nations pursuant to United 
Nations Security Council Resolution 521. On behalf of the 
Republic of Lebanon, I wish to inform your Excellency's 
Government of the determination of the Government of Lebanon to 
restore its sovereignty and authority over the Beirut area and 
thereby to assure the safety of persons in the area and bring 
an end to violence that has recurred. To this end, Israeli 
forces will withdraw from the Beirut area.
    In its consultations with the Secretary General, the 
Government of Lebanon has noted that the urgency of the 
situation requires immediate action and the Government of 
Lebanon, therefore, is, in conformity with the objectives in 
U.N. Security Council Resolution 521, proposing to several 
nations that they contribute forces to serve as a temporary 
Multinational Force (MNF) in the Beirut area. The mandate of 
the MNF will be to provide an interposition force at agreed 
locations and thereby provide the multinational presence 
requested by the Lebanese Government to assist it and the 
Lebanese Armed Forces (LAF) in the Beirut area. This presence 
will facilitate the restoration of Lebanese Government 
sovereignty and authority over the Beirut area, and thereby 
further efforts of my Government to assure the safety of 
persons in the area and bring to an end the violence which has 
tragically recurred. The MNF may undertake other functions only 
by mutual agreement.
    In the foregoing context, I have the honor to propose that 
the United States of America deploy a force of approximately 
1200 personnel to Beirut, subject to the following terms and 
conditions:
  --The American military force shall carry out appropriate 
        activities consistent with the mandate of the MNF.
  --Command authority over the American force will be exercised 
        exclusively by the U.S. Government through existing 
        American military channels.
  --The LAF and MNF will form a Liaison and Coordination 
        Committee, composed of representatives of the MNF 
        participating governments and chaired by the 
        representatives of my Government. The Liaison and 
        Coordination Committee will have two essential 
        components: (A) Supervisory liaison; and (B) Military 
        and technical liaison and coordination.
  --The American force will operate in close coordination with 
        the LAF. To assure effective coordination with the LAF, 
        the American force will assign liaison officers to the 
        LAF and the Government of Lebanon will assign liaison 
        officers to the American force. The LAF liaison 
        officers to the American force will, inter alia, 
        perform liaison with the civilian population, and with 
        the U.N. observers and manifest the authority of the 
        Lebanese Government in all appropriate situations. The 
        American force will provide security for LAF personnel 
        operating with the U.S. contingent.
  --In carrying out its mission, the American force will not 
        engage in combat. It may, however, exercise the right 
        of self-defense.
  --It is understood that the presence of the American force 
        will be needed only for a limited period to meet the 
        urgent requirements posed by the current situation. The 
        MNF contributors and the Government of Lebanon will 
        consult fully concerning the duration of the MNF 
        presence. Arrangements for the departure of the MNF 
        will be the subject of special consultations between 
        the Government of Lebanon and the MNF participating 
        governments. The American force will depart Lebanon 
        upon any request of the Government of Lebanon or upon 
        the decision of the President of the United States.
  --The Government of Lebanon and the LAF will take all 
        measures necessary to ensure the protection of the 
        American force's personnel, to include securing 
        assurance from all armed elements not now under the 
        authority of the Lebanese Government that they will 
        refrain from hostilities and not interfere with any 
        activities of the MNF.
  --The American force will enjoy both the degree of freedom of 
        movement and the right to undertake those activities 
        deemed necessary for the performance of its mission for 
        the support of its personnel. Accordingly, it shall 
        enjoy the privileges and immunities accorded the 
        administrative and technical staff of the American 
        Embassy in Beirut, and shall be exempt from immigration 
        and customs requirements, and restrictions on entering 
        or departing Lebanon. Personnel, property, and 
        equipment of the American force introduced into Lebanon 
        shall be exempt from any form of tax, duty, charge, or 
        levy.
    I have the further honor to propose, if the foregoing is 
acceptable to your Excellency's Government, that Your 
Excellency's reply to that effect, together with this note, 
shall constitute an agreement between our two Governments.
    Please accept, Your Excellency, the assurances of my 
highest consideration.
                                             Fouad Boutros,
                 Deputy Prime Minister/Minister of Foreign Affairs.

                                                September 25, 1982.
    Your Excellency: I have the honor to refer to your 
Excellency's note of 25 September 1982 requesting the 
deployment of an American force to the Beirut area. I am 
pleased to inform you on behalf of my Government that the 
United States is prepared to deploy temporarily a force of 
approximately 1,200 personnel as part of a Multinational Force 
(MNF) to establish an environment which will permit the 
Lebanese Armed Forces (LAF) to carry out their responsibilities 
in the Beirut area. It is understood that the presence of such 
an American force will facilitate the restoration of Lebanese 
Government sovereignty and authority over the Beirut area, an 
objective which is fully shared by my Government, and thereby 
further efforts of the Government of Lebanon to assure the 
safety of persons in the area and bring to an end the violence 
which has tragically recurred.
    I have the further honor to inform you that my Government 
accepts the terms and conditions concerning the presence of the 
American force in the Beirut area as set forth in your note, 
and that Your Excellency's note and this reply accordingly 
constitute an agreement between our two Governments.

                                             Robert Dillon,
                                                   U.S. Ambassador.
                          2. Cuban Resolution

 Public Law 87-733 [S.J. Res. 230], 76 Stat. 697, approved October 3, 
                                1962 \1\

JOINT RESOLUTION Expressing the determination of the United States with 
                   respect to the situation in Cuba.

Whereas President James Monroe, announcing the Monroe Doctrine 
    in 1823, declared that the United States would consider any 
    attempt on the part of European powers to ``extend their 
    system to any portion of this hemisphere as dangerous to 
    our peace and safety''; and
---------------------------------------------------------------------------
    \1\ See also the Supplemental Appropriations Act, 1982 (Public Law 
97-257; 96 Stat. 818 at 833), and sec. 1543 of the Department of 
Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2639), 
which reaffirmed Public Law 87-733.
---------------------------------------------------------------------------
Whereas in the Rio Treaty of 1947 the parties agreed that ``an 
    armed attack by any State against an American State shall 
    be considered as an attack against all the American States, 
    and, consequently, each one of the said contracting parties 
    undertakes to assist in meeting the attack in the exercise 
    of the inherent right of individual or collective self-
    defense recognized by article 51 of the Charter of the 
    United Nations''; and
Whereas the Foreign Ministers of the Organization of American 
    States at Punta del Este in January 1962 declared: ``the 
    present Government of Cuba has identified itself with the 
    principles of Marxist-Leninist ideology, has established a 
    political, economic, and social system based on that 
    doctrine, and accepts military assistance from 
    extracontinental Communist powers, including even the 
    threat of military intervention in America on the part of 
    the Soviet Union''; and
Whereas the International Communist movement has increasingly 
    extended into Cuba its political, economic, and military 
    sphere of influence: Now, therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the United 
States is determined--
          (a) to prevent by whatever means may be necessary, 
        including the use of arms, the Marxist-Leninist regime 
        in Cuba from extending, by force or the threat of 
        force, its aggressive or subversive activities to any 
        part of this hemisphere;
          (b) to prevent in Cuba the creation or use of an 
        externally supported military capability endangering 
        the security of the United States; and
          (c) to work with the Organization of American States 
        and with freedom-loving Cubans to support the 
        aspirations of the Cuban people for self-determination.
          3. Middle East Resolutions and Related Material \1\

    a. Resolution to Promote Peace and Stability in the Middle East

Public Law 85-7 [H.J. Res. 117], 71 Stat. 5, approved March 9, 1957; as 
amended by Public Law 87-195 [Foreign Assistance Act of 1961, S. 1983], 
                75 Stat. 424, approved September 4, 1961

  JOINT RESOLUTION To promote peace and stability in the Middle East.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
President be and hereby is authorized to cooperate with and 
assist any nation or group of nations in the general area of 
the Middle East desiring such assistance in the development of 
economic strength dedicated to the maintenance of national 
independence.
    Sec. 2.\2\ The President is authorized to undertake, in the 
general area of the Middle East, military assistance programs 
with any nation or group of nations of that area desiring such 
assistance. Furthermore, the United States regards as vital to 
the national interest and world peace the preservation of the 
independence and integrity of the nations of the Middle East. 
To this end, if the President determines the necessity thereof, 
the United States is prepared to use armed forces to assist any 
nation or group of such nations requesting assistance against 
armed aggression from any country controlled by international 
communism: Provided, That such employment shall be consonant 
with the treaty obligations of the United States and with the 
Constitution of the United States.
---------------------------------------------------------------------------
    \1\ See also legislation under War Powers.
    \2\ 22 U.S.C. 1961. Sec. 103(c) of the FRIENDSHIP Act (Public Law 
103-199; 107 Stat. 2320), relating to statutory provisions applicable 
to the Soviet Union, provided the following:
    ``(c) Findings and Affirmation.--The Congress finds and affirms 
that provisions such as those described in this section, including--* * 
*
---------------------------------------------------------------------------

          ``(8) section 2 of the joint resolution entitled ``A joint 
        resolution to promote peace and stability in the Middle East'', 
        approved March 9, 1957 (Public Law 85-7), and * * *
``should not be construed as being directed against Russia, Ukraine, or 
the other independent states of the former Soviet Union, connoting an 
adversarial relationship between the United States and the independent 
states, or signifying or implying in any manner unfriendliness toward 
the independent states.''.
---------------------------------------------------------------------------
    For complete list of related statutes, see sec. 103 of the 
FRIENDSHIP Act, in Legislation on Foreign Relations Through 2001, vol. 
I-B.
---------------------------------------------------------------------------
    Sec. 3.\3\ The President is hereby authorized to use during 
the balance of fiscal year 1957 for economic and military 
assistance under this joint resolution not to exceed 
$200,000,000 from any appropriation now available for carrying 
out the provisions of the Mutual Security Act of 1954, as 
amended, in accord with the provisions of such Act: Provided, 
That, whenever the President determines it to be important to 
the security of the United States, such use may be under the 
authority of section 401(a) of the Mutual Security Act of 1954, 
as amended (except that the provisions of section 105(a) 
thereof shall not be waived), and without regard to the 
provisions of section 105 of the Mutual Security Appropriation 
Act, 1957: Provided, further, That obligations incurred in 
carrying out the purposes of the first sentence of section 2 of 
this joint resolution shall be paid only out of appropriations 
for military assistance, and obligations incurred in carrying 
out the purposes of the first section of this joint resolution 
shall be paid only out of appropriations other than those for 
military assistance. This authorization is in addition to other 
existing authorizations with respect to the use of such 
appropriations. None of the additional authorizations contained 
in this section shall be used until fifteen days after the 
Committee on Foreign Relations of the Senate, the Committee on 
Foreign Affairs of the House of Representatives, the Committees 
on Appropriations of the Senate and the House of 
Representatives and, when military assistance is involved, the 
Committees on Armed Services of the Senate and the House of 
Representatives \4\ have been furnished a report showing the 
object of the proposed use, the country for the benefit of 
which such use is intended, and the particular appropriation or 
appropriations for carrying out the provisions of the Mutual 
Security Act of 1954, as amended, from which the funds are 
proposed to be derived: Provided, That funds available under 
this section during the balance of fiscal year 1957 shall, in 
the case of any such report submitted during the last fifteen 
days of the fiscal year, remain available for use under this 
section for the purposes stated in such report for a period of 
twenty days following the date of submission of such report. 
Nothing contained in this joint resolution shall be construed 
as itself authorizing the appropriation of additional funds for 
the purpose of carrying out the provisions of the first section 
or of the first sentence of section 2 of this joint resolution.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1962.
    \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(5) of that 
Act provided that references to the Committee on Foreign Affairs shall 
be treated as referring to the Committee on International Relations.
---------------------------------------------------------------------------
    Sec. 4.\5\ The President should continue to furnish 
facilities and military assistance, within the provisions of 
applicable law and established policies, to the United Nations 
Emergency Force in the Middle East, with a view to maintaining 
the truce in that region.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 1963.
---------------------------------------------------------------------------
    Sec. 5.\6\ The President shall whenever appropriate \7\ 
report to the Congress his action hereunder.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 1964.
    \7\ Sec. 705 of the Foreign Assistance Act of 1961 (Public Law 87-
195) inserted ``whenever appropriate'' in lieu of ``within the months 
of January and July of each year''.
---------------------------------------------------------------------------
    Sec. 6.\8\ This joint resolution shall expire when the 
President shall determine that the peace and security of the 
nations in the general area of the Middle East are reasonably 
assured by international conditions created by action of the 
United Nations or otherwise except that it may be terminated 
earlier by a concurrent resolution of the two Houses of 
Congress.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 1965.
     b. Multinational Force and Observers Participation Resolution

Public Law 97-132 [S.J. Res. 100], 95 Stat. 1693, approved December 29, 
                                  1981

A JOINT RESOLUTION To authorize the participation of the United States 
in a multinational force and observers to implement the Treaty of Peace 
                       between Egypt and Israel.

Whereas the Treaty of Peace between Egypt and Israel signed on 
    March 26, 1979, calls for the supervision of security 
    arrangements to be undertaken by United Nations forces and 
    observers; and
Whereas the United Nations has been unable to assume those 
    responsibilities at this time; and
Whereas a Protocol signed on August 3, 1981, by the Government 
    of the Arab Republic of Egypt and the Government of the 
    State of Israel provides for the creation of an alternative 
    Multinational Force and Observers to implement the Treaty 
    of Peace; and
Whereas the Government of the Arab Republic of Egypt and the 
    Government of the State of Israel have requested that the 
    United States participate in the Multinational Force and 
    Observers: Now, therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                              short title

    Section 1. This joint resolution may be cited as the 
``Multinational Force and Observers Participation Resolution''.

                          statement of policy

    Sec. 2.\1\ The Congress considers the establishment of the 
Multinational Force and Observers to be an essential stage in 
the development of a comprehensive settlement in the Middle 
East. The Congress enacts this resolution with the hope and 
expectation that establishment of the Multinational Force and 
Observers will assist Egypt and Israel in fulfilling the Camp 
David accords and bring about the establishment of a self-
governing authority in order to provide full autonomy in the 
West Bank and Gaza.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3421.
---------------------------------------------------------------------------

participation of united states personnel in the multinational force and 
                               observers

    Sec. 3.\2\ (a)(1) Subject to the limitations contained in 
this resolution, the President is authorized to assign, under 
such terms and conditions as he may determine, members of the 
United States Armed Forces to participate in the Multinational 
Force and Observers.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 3422.
---------------------------------------------------------------------------
    (2) The Congress declares that the participation of the 
military personnel of other countries in the Multinational 
Force and Observers is essential to maintain the international 
character of the peacekeeping function in the Sinai: 
Accordingly--
          (A) before the President assigns or details members 
        of the United States Armed Forces to the Multinational 
        Force and Observers, he shall notify the Congress of 
        the names of the other countries that have agreed to 
        provide military personnel for the Multinational Force 
        and Observers, the number of military personnel to be 
        provided by each country, and the functions to be 
        performed by such personnel; and
          (B) if a country withdraws from the Multinational 
        Force and Observers with the result that the military 
        personnel of less than four foreign countries remain, 
        every possible effort must be made by the United States 
        to find promptly a country to replace that country.
    (3) Members of the United States Armed Forces, and United 
States civilian personnel, who are assigned, detailed or 
otherwise provided to the Multinational Force and Observers may 
perform only those functions or responsibilities which are 
specified for United Nations Forces and Observers in the Treaty 
of Peace and in accordance with the Protocol.
    (4) The number of members of the United States Armed Forces 
who are assigned or detailed by the United States Government to 
the Multinational Force and Observers may not exceed 1,200 at 
any one time.
    (b) Subject to the limitations contained in this 
resolution, the President is authorized to provide, under such 
terms and conditions as he may determine, United States 
civilian personnel to participate as observers in the 
Multinational Force and Observers.
    (c) The status of United States Government personnel 
assigned to the Multinational Force and Observers under 
subsection (a)(1) or (b) of this section shall be as provided 
in section 629 of the Foreign Assistance Act of 1961.

                  united states contributions to costs

    Sec. 4.\3\ (a) In accordance with the agreement set forth 
in the exchanges of letters between the United States and Egypt 
and between the United States and Israel which were signed on 
August 3, 1981, the United States share of the costs of the 
Multinational Force and Observers--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3423.
---------------------------------------------------------------------------
          (1) shall not exceed 60 percent of the budget for the 
        expenses connected with the establishment and initial 
        operation of the Multinational Force and Observers 
        during the period ending September 30, 1982; and
          (2) shall not exceed 33\1/3\ percent of the budget 
        for the annual operating expenses of the Multinational 
        Force and Observers for each financial year beginning 
        after that date.
    (b)(1) There are authorized to be appropriated to the 
President to carry out chapter 6 of part II of the Foreign 
Assistance Act of 1961, in addition to amounts otherwise 
available to carry out that chapter, $125,000,000 for the 
fiscal year 1982 for use in paying the United States 
contribution to the budget of the Multinational Force and 
Observers. Amounts appropriated under this subsection \4\ are 
authorized to remain available until expended.
---------------------------------------------------------------------------
    \4\ Sec. 138 of Public Law 97-51 (Continuing Appropriations for 
Fiscal Year 1982; 95 Stat. 967) provided $125 million in appropriations 
for U.S. participation in the Multinational Force and Observers.
---------------------------------------------------------------------------
    (2) Expenditures made pursuant to section 138 of the joint 
resolution entitled ``Joint Resolution making continuing 
appropriations for the fiscal year 1982, and for other 
purposes'', approved October 1, 1981 (Public Law 97-51), or 
pursuant to any subsequent corresponding provision applicable 
to the fiscal year 1982, shall be charged to the appropriation 
authorized by this subsection.
    (c) Unless required by law, reimbursements to the United 
States by the Multinational Force and Observers shall be on the 
basis of identifiable costs actually incurred as a result of 
requirements imposed by the Multinational Force and Observers, 
and shall not include administrative surcharges.

                          nonreimbursed costs

    Sec. 5.\5\ (a) Any agency of the United States Government 
is authorized to provide administrative and technical support 
and services to the Multinational Force and Observers, without 
reimbursement and upon such terms and conditions as the 
President may direct, when the provision of such support or 
services would not result in significant incremental costs to 
the United States.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 3424.
---------------------------------------------------------------------------
    (b) The provision by the United States to the Multinational 
Force and Observers under the authority of this resolution or 
any other law of any property, support, or services, including 
the provision of military and civilian personnel under section 
3 of this resolution, on other than a reimbursable basis, shall 
be kept to a minimum.
    (c) The President may provide military training to members 
of the armed forces of other countries participating in the 
Multinational Force and Observers.

                      reports to the congress \6\

    Sec. 6.\7\ (a) Not later than April 30, 1982, the President 
shall transmit to the Speaker of the House of Representatives, 
and to the chairman of the Committee on Foreign Relations of 
the Senate, a detailed written report with respect to the 
period ending two weeks prior to that date which contains the 
information specified in subsection (b).
---------------------------------------------------------------------------
    \6\ Pursuant to Executive Order 12361, the reporting functions 
required under this section were delegated to the Secretary of State. 
Such Executive Order further instructed the Secretary to consult with 
the Director of OMB, the Secretary of Defense, the Director of ACDA, 
the Assistant to the President for National Security Affairs, and the 
heads of other Executive agencies, as appropriate, in exercising this 
responsibility.
    \7\ 22 U.S.C. 3425.
---------------------------------------------------------------------------
    (b) Not later than January 15 of each year (beginning in 
1983), the President shall transmit to the Speaker of the House 
of Representatives, and to the chairman of the Committee on 
Foreign Relations of the Senate, a written report which 
describes--
          (1) the activities performed by the Multinational 
        Force and Observers during the preceding year;
          (2) the composition of the Multinational Force and 
        Observers, including a description of the 
        responsibilities and deployment of the military 
        personnel of each participating country;
          (3) all costs incurred by the United States 
        Government (including both normal and incremental 
        costs), set forth by category, which are associated 
        with the United States relationship with the 
        Multinational Force and Observers and which were 
        incurred during the preceding fiscal year (whether or 
        not the United States was reimbursed for those costs), 
        specifically including but not limited to--
                  (A) the costs associated with the United 
                States units and personnel participating in the 
                Multinational Force and Observers (including 
                salaries, allowances, retirement and other 
                benefits, transportation, housing, and 
                operating and maintenance costs), and
                  (B) the identifiable costs relating to 
                property, support, and services provided by the 
                United States to the Multinational Force and 
                Observers;
          (4) the costs which the United States Government 
        would have incurred in maintaining in the United States 
        those United States units and personnel participating 
        in the Multinational Force and Observers;
          (5) amounts received by the United States Government 
        from the Multinational Force and Observers as 
        reimbursement;
          (6) the types of property, support, or services 
        provided to the Multinational Force and Observers by 
        the United States Government, including identification 
        of the types of property, support, or services provided 
        on a nonreimbursable basis; and
          (7) the results of any discussions with Egypt and 
        Israel regarding the future of the Multinational Force 
        and Observers and its possible reduction or 
        elimination.
    (c)(1) The reports required by this section shall be as 
detailed as possible.
    (2) The information pursuant to subsection (b)(3) shall, in 
the case of costs which are not identifiable, be set forth with 
reasonable accuracy.
    (3) The information with respect to any administrative and 
technical support and services provided on a nonreimbursed 
basis under section 5(a) of this resolution shall include a 
description of the types of support and services which have 
been provided and an estimate of both the total costs of such 
support and services and the incremental costs incurred by the 
United States with respect to such support and services.

                   statements of congressional intent

    Sec. 7.\8\ (a) Nothing in this resolution is intended to 
signify approval by the Congress of any agreement, 
understanding, or commitment made by the Executive branch other 
than the agreement to participate in the Multinational Force 
and Observers as set forth in the exchanges of letters between 
the United States and Egypt and between the United States and 
Israel which were signed on August 3, 1981.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 3426.
---------------------------------------------------------------------------
    (b) The limitations contained in this resolution with 
respect to United States participation in the Multinational 
Force and Observers apply to the exercise of the authorities 
provided by this resolution or provided by any other provision 
of law. No funds appropriated by the Congress may be obligated 
or expended for any activity which is contrary to the 
limitations contained in this resolution.
    (c) Nothing in this resolution shall affect the 
responsibilities of the President or the Congress under the War 
Powers Resolution (Public Law 93-148).

                              definitions

    Sec. 8.\9\ As used in this resolution--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3427.
---------------------------------------------------------------------------
          (1) the term ``Multinational Force and Observers'' 
        means the Multinational Force and Observers established 
        in accordance with the Protocol between Egypt and 
        Israel signed on August 3, 1981, relating to the 
        implementation of the security arrangements of the 
        Treaty of Peace; and
          (2) the term ``Treaty of Peace'' means the Treaty of 
        Peace between the Arab Republic and Egypt and the State 
        of Israel signed on March 26, 1979, including the 
        Annexes thereto.
              c. Multinational Force and Observers Reports

 Executive Order 12361, April 27, 1982, 47 F.R. 18313, 22 U.S.C. 3425 
                                  note

    By the authority vested in me as President of the United 
States of America by the Multinational Force and Observers 
Participation Resolution (Public Law 97-132, 95 Stat. 1693) and 
Section 301 of Title 3 of the United States Code, it is hereby 
ordered as follows:
    Section 1. Delegation of Functions. The reporting function 
conferred upon the President by Section 6 of the Multinational 
Force and Observers Participation Resolution (22 U.S.C. 3425) 
is delegated to the Secretary of State.
    Sec. 2. Interagency Coordination. In the exercise of the 
function conferred on the Secretary of State by Section 1 of 
this Order, the Secretary of State shall consult with the 
Director of the Office of Management and Budget, the Secretary 
of Defense, the Director of the United States Arms Control and 
Disarmament Agency, the Assistant to the President for National 
Security Affairs, and the heads of other Executive agencies as 
appropriate.
d. Implementing the United States Proposal for the Early-Warning System 
                                in Sinai

 Public Law 94-110 [H.J. Res. 683] 89 Stat. 572, approved October 13, 
                                1975 \1\

JOINT RESOLUTION To implement the United States proposal for the early-
                        warning system in Sinai.

Whereas an agreement signed on September 4, 1975, by the 
    Government of the Arab Republic of Egypt and the Government 
    of Israel may, when it enters into force, constitute a 
    significant step toward peace in the Middle East;
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2441 note.
---------------------------------------------------------------------------
Whereas the President of the United States on September 1, 
    1975, transmitted to the Government of the Arab Republic of 
    Egypt and to the Government of Israel identical proposals 
    for United States participation in an early-warning system, 
    the text of which has been submitted to the Congress, 
    providing for the assignment of no more than two hundred 
    United States civilian personnel to carry out certain 
    specified noncombat functions and setting forth the terms 
    and conditions thereof;
Whereas that proposal would permit the Government of the United 
    States to withdraw such personnel if it concludes that 
    their safety is jeopardized or that continuation of their 
    role is no longer necessary; and
Whereas the implementation of the United States proposal for 
    the early-warning system in Sinai may enhance the prospect 
    of compliance in good faith with the terms of the Egyptian-
    Israeli agreements and thereby promote the cause of peace: 
    Now, therefore, be it
    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
President is authorized to implement the ``United States 
Proposal \2\ for the Early Warning System in Sinai'': Provided, 
however, That United States civilian personnel assigned to 
Sinai under such proposal shall be removed immediately in the 
event of an outbreak of hostilities between Egypt and Israel or 
if the Congress by concurrent resolution determines that the 
safety of such personnel is jeopardized or that continuation of 
their role is no longer necessary. Nothing contained in this 
resolution shall be construed as granting any authority to the 
President with respect to the introduction of United States 
Armed Forces into hostilities or into situations wherein 
involvement in hostilities is clearly indicated by the 
circumstances which authority he would not have had in the 
absence of this joint resolution.
---------------------------------------------------------------------------
    \2\ See Legislation on Foreign Relations, vol. V, sec. G, for text 
of the U.S. proposal.
---------------------------------------------------------------------------
    Sec. 2. Any concurrent resolution of the type described in 
the first section of this resolution which is introduced in 
either House of Congress shall be privileged in the same manner 
and to the same extent as a concurrent resolution of the type 
described in section 5(c) of Public Law 93-148 is privileged 
under section 7 of such law.\3\
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 1544, 1546. War Powers Resolution.
---------------------------------------------------------------------------
    Sec. 3. The United States civilian personnel participating 
in the early warning system in Sinai shall include only 
individuals who have volunteered to participate in such system.
    Sec. 4. Whenever United States civilian personnel, pursuant 
to this resolution, participate in an early warning system, the 
President shall, so long as the participation of such personnel 
continues, submit written reports to the Congress periodically, 
but no less frequently than once every six months, on (1) the 
status, scope, and anticipated duration of their participation, 
and (2) the feasibility of ending or reducing as soon as 
possible their participation by substituting nationals of other 
countries or by making technological changes. The appropriate 
committees of the Congress shall promptly hold hearings on each 
report of the President and report to the Congress any 
findings, conclusions, and recommendations.
    Sec. 5. The authority contained in this joint resolution to 
implement the ``United States Proposal for the Early Warning 
System in Sinai'' does not signify approval of the Congress of 
any other agreement, understanding, or commitment made by the 
executive branch.
                       4. Tonkin Gulf Resolution

 Public Law 88-408 [H.J. Res. 1145], 78 Stat. 384, approved August 10, 
                                  1964

 A JOINT RESOLUTION To promote the maintenance of international peace 
                    and security in Southeast Asia.

[Whereas naval units of the Communist regime in Vietnam, in 
    violation of the principles of the Charter of the United 
    Nations and of international law, have deliberately and 
    repeatedly attacked United States naval vessels lawfully 
    present in international waters, and have thereby created a 
    serious threat to international peace; and
[Whereas these attacks are part of a deliberate and systematic 
    campaign of aggression that the Communist regime in North 
    Vietnam has been waging against its neighbors and the 
    nations joined with them in the collective defense of their 
    freedom; and
[Whereas the United States is assisting the peoples of 
    southeast Asia to protect their freedom and has no 
    territorial, military or political ambitions in that area, 
    but desires only that these peoples should be left in peace 
    to work out their own destinies in their own way: Now, 
    therefore, be it

    [Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Congress approves and supports the determination of the 
President, as Commander in Chief, to take all necessary 
measures to repel any armed attack against the forces of the 
United States and to prevent further aggression.
    [Sec. 2. The United States regards as vital to its national 
interest and to world peace the maintenance of international 
peace and security in southeast Asia. Consonant with the 
Constitution of the United States and the Charter of the United 
Nations and in accordance with its obligations under the 
Southeast Asia Collective Defense Treaty, the United States is, 
therefore, prepared, as the President determines, to take all 
necessary steps, including the use of armed force, to assist 
any member or protocol state of the Southeast Asia Collective 
Defense Treaty requesting assistance in defense of its freedom.
    [Sec. 3. This resolution shall expire when the President 
shall determine that the peace and security of the area is 
reasonably assured by international conditions created by 
action of the United Nations or otherwise, except that it may 
be terminated earlier by concurrent resolution of the 
Congress.]


          Note.--Sec. 12 of Public Law 91-672, the Foreign 
        Military Sales Act Amendments, approved January 12, 
        1971, provided that the joint resolution should 
        terminate effective January 2, 1971. (See Legislation 
        on Foreign Relations Through 1993, vol. I, page 564.) 
        See also, S. Con. Res. 64, passed July 10, 1970.



                         5. National Commitment

Senate Resolution 85, 91st Congress, Report No. 91-129, agreed to June 
                                25, 1969

                               resolution

Whereas accurate definition of the term ``national commitment'' 
    in recent years has become obscured: Now, therefore, be it

    Resolved, That (1) a national commitment for the purpose of 
this resolution means the use of the Armed Forces of the United 
States on foreign territory, or a promise to assist a foreign 
country, government, or people by the use of the Armed Forces 
or financial resources of the United States, either immediately 
or upon the happening of certain events, and (2) it is the 
sense of the Senate that a national commitment by the United 
States results only from affirmative action taken by the 
executive and legislative branches of the United States 
Government by means of a treaty, statute, or concurrent 
resolution of both Houses of Congress specifically providing 
for such commitment.
                     6. North Atlantic Alliance \1\

                    a. European Security Act of 1998

Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency 
  Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, 
  approved October 21, 1998; \2\ amended by Public Law 106-113 [H.R. 
  3427, enacted by reference in H.R. 3194], 113 Stat. 1501, approved 
                           November 29, 1999
---------------------------------------------------------------------------

    \1\ See also chapter 138 of 10 USC, relating to cooperative 
agreements with NATO allies and other countries, in Legislation on 
Foreign Relations Through 2001, vol. I-B.
    \2\ Title XXVII of division G of Public Law 105-277 (112 Stat. 
2681-839).
---------------------------------------------------------------------------

             TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 \3\

SEC. 2701. SHORT TITLE.

    This title may be cited as the ``European Security Act of 
1998''.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------

SEC. 2702. STATEMENT OF POLICY.

    (a) Policy With Respect to NATO Enlargement.--Congress 
urges the President to outline a clear and complete strategic 
rationale for the enlargement of the North Atlantic Treaty 
Organization (NATO), and declares that--
          (1) Poland, Hungary, and the Czech Republic should 
        not be the last emerging democracies in Central and 
        Eastern Europe invited to join NATO;
          (2) the United States should ensure that NATO 
        continues a process whereby all other emerging 
        democracies in Central and Eastern Europe that wish to 
        join NATO will be considered for membership in NATO as 
        soon as they meet the criteria for such membership;
          (3) the United States should ensure that no 
        limitations are placed on the numbers of NATO troops or 
        types of equipment, including tactical nuclear weapons, 
        to be deployed on the territory of new member states;
          (4) the United States should reject all efforts to 
        condition NATO decisions on review or approval by the 
        United Nations Security Council;
          (5) the United States should clearly delineate those 
        NATO deliberations, including but not limited to 
        discussions on arms control, further Alliance 
        enlargement, procurement matters, and strategic 
        doctrine, that are not subject to review or discussion 
        in the NATO-Russia Permanent Joint Council;
          (6) the United States should work to ensure that 
        countries invited to join the Alliance are provided an 
        immediate seat in NATO discussions; and
          (7) the United States already pays more than a 
        proportionate share of the costs of the common defense 
        of Europe and should obtain, in advance, agreement on 
        an equitable distribution of the cost of NATO 
        enlargement to ensure that the United States does not 
        continue to bear a disproportionate burden.
    (b) Policy With Respect to Negotiations With Russia.--
          (1) Implementation.--NATO enlargement should be 
        carried out in such a manner as to underscore the 
        Alliance's defensive nature and demonstrate to Russia 
        that NATO enlargement will enhance the security of all 
        countries in Europe, including Russia. Accordingly, the 
        United States and its NATO allies should make this 
        intention clear in negotiations with Russia, including 
        negotiations regarding adaptation of the Conventional 
        Armed Forces in Europe (CFE) Treaty of November 19, 
        1990.
          (2) Limitations on commitments to russia.--In seeking 
        to demonstrate to Russia NATO's defensive and security-
        enhancing intentions, it is essential that neither 
        fundamental United States security interests in Europe 
        nor the effectiveness and flexibility of NATO as a 
        defensive alliance be jeopardized. In particular, no 
        commitments should be made to Russia that would have 
        the effect of--
                  (A) extending rights or imposing 
                responsibilities on new NATO members different 
                from those applicable to current NATO members, 
                including rights or responsibilities with 
                respect to the deployment of nuclear weapons 
                and the stationing of troops and equipment from 
                other NATO members;
                  (B) limiting the ability of NATO to defend 
                the territory of new NATO members by, for 
                example, restricting the construction of 
                defense infrastructure or limiting the ability 
                of NATO to deploy necessary reinforcements;
                  (C) providing any international organization, 
                or any country that is not a member of NATO, 
                with authority to delay, veto, or otherwise 
                impede deliberations and decisions of the North 
                Atlantic Council or the implementation of such 
                decisions, including deliberations and 
                decisions with respect to the deployment of 
                NATO forces or the admission of additional 
                members to NATO;
                  (D) impeding the development of enhanced 
                relations between NATO and other European 
                countries that do not belong to the Alliance;
                  (E) establishing a nuclear weapons-free zone 
                in Central or Eastern Europe;
                  (F) requiring NATO to subsidize Russian arms 
                sales, service, or support to the militaries of 
                those former Warsaw Pact countries invited to 
                join the Alliance; or
                  (G) legitimizing Russian efforts to link 
                concessions in arms control negotiations to 
                NATO enlargement.
          (3) Commitments from russia.--In order to enhance 
        security and stability in Europe, the United States 
        should seek commitments from Russia--
                  (A) to demarcate and respect all its borders 
                with neighboring states;
                  (B) to achieve the immediate and complete 
                withdrawal of any armed forces and military 
                equipment under the control of Russia that are 
                deployed on the territories of the independent 
                states of the former Soviet Union without the 
                full and complete agreement of those states;
                  (C) to station its armed forces on the 
                territory of other states only with the full 
                and complete agreement of that state and in 
                strict accordance with international law; and
                  (D) to take steps to reduce further its 
                nuclear and conventional forces in Kaliningrad.
          (4) Consultations.--As negotiations on adaptation of 
        the Treaty on Conventional Armed Forces in Europe 
        proceed, the United States should engage in close and 
        continuous consultations not only with its NATO allies, 
        but also with the emerging democracies of Central and 
        Eastern Europe, Ukraine, and the South Caucasus.
    (c) Policy With Respect to Ballistic Missile Defense 
Cooperation.--
          (1) In general.--As the United States proceeds with 
        efforts to develop defenses against ballistic missile 
        attack, it should seek to foster a climate of 
        cooperation with Russia on matters related to missile 
        defense. In particular, the United States and its NATO 
        allies should seek to cooperate with Russia in such 
        areas as early warning.
          (2) Discussions with nato allies.--The United States 
        should initiate discussions with its NATO allies for 
        the purpose of examining the feasibility of deploying a 
        ballistic missile defense capable of protecting NATO's 
        southern and eastern flanks from a limited ballistic 
        missile attack.
          (3) Constitutional prerogatives.--Even as the 
        Congress seeks to promote ballistic missile defense 
        cooperation with Russia, it must insist on its 
        constitutional prerogatives regarding consideration of 
        arms control agreements with Russia that bear on 
        ballistic missile defense.

SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.

    (a) Policy of Section.--This section is enacted in order to 
implement the policy set forth in section 2702(a).
    (b) Designation of Additional Countries Eligible for NATO 
Enlargement Assistance.--
          (1) Designation of additional countries.--Romania, 
        Estonia, Latvia, Lithuania, and Bulgaria are each 
        designated as eligible to receive assistance under the 
        program established under section 203(a) of the NATO 
        Participation Act of 1994 (22 U.S.C. 1928 note) and 
        shall be deemed to have been so designated pursuant to 
        section 203(d)(1) of such Act.
          (2) Rule of construction.--The designation of 
        countries pursuant to paragraph (1) as eligible to 
        receive assistance under the program established under 
        section 203(a) of the NATO Participation Act of 1994--
                  (A) is in addition to the designation of 
                other countries by law or pursuant to section 
                203(d)(2) of such Act as eligible to receive 
                assistance under the program established under 
                section 203(a) of such Act; and
                  (B) shall not preclude the designation by the 
                President of other emerging democracies in 
                Central and Eastern Europe pursuant to section 
                203(d)(2) of such Act as eligible to receive 
                assistance under the program established under 
                section 203(a) of such Act.
          (3) Sense of congress.--It is the sense of Congress 
        that Romania, Estonia, Latvia, Lithuania, and 
        Bulgaria--
                  (A) are to be commended for their progress 
                toward political and economic reform and 
                meeting the guidelines for prospective NATO 
                members;
                  (B) would make an outstanding contribution to 
                furthering the goals of NATO and enhancing 
                stability, freedom, and peace in Europe should 
                they become NATO members; and
                  (C) upon complete satisfaction of all 
                relevant criteria should be invited to become 
                full NATO members at the earliest possible 
                date.
    (c) Regional Airspace Initiative and Partnership for Peace 
Information Management System.--
          (1) In general.--Funds described in paragraph (2) are 
        authorized to be made available to support the 
        implementation of the Regional Airspace Initiative and 
        the Partnership for Peace Information Management 
        System, including--
                  (A) the procurement of items in support of 
                these programs; and
                  (B) the transfer of such items to countries 
                participating in these programs.
          (2) Funds described.--Funds described in this 
        paragraph are funds that are available--
                  (A) during any fiscal year under the NATO 
                Participation Act of 1994 with respect to 
                countries eligible for assistance under that 
                Act; or
                  (B) during fiscal year 1998 under any Act to 
                carry out the Warsaw Initiative.
    (d) Extension of Authority Regarding Excess Defense 
Articles.--Section 105 of Public Law 104-164 (110 Stat. 1427) 
is amended by striking ``1996 and 1997'' and inserting ``1997, 
1998, and 1999''.
    (e) Conforming Amendments to the NATO Participation Act of 
1994.--Section 203(c) of the NATO Participation Act of 1994 (22 
U.S.C. 1928 note) is amended--* * *

SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL 
                    ARMED FORCES IN EUROPE.

    It is the sense of Congress that no revisions to the Treaty 
on Conventional Armed Forces in Europe will be approved for 
entry into force with respect to the United States that 
jeopardize fundamental United States security interests in 
Europe or the effectiveness and flexibility of NATO as a 
defensive alliance by--
          (1) extending rights or imposing responsibilities on 
        new NATO members different from those applicable to 
        current NATO members, including rights or 
        responsibilities with respect to the deployment of 
        nuclear weapons and the stationing of troops and 
        equipment from other NATO members;
          (2) limiting the ability of NATO to defend the 
        territory of new NATO members by, for example, 
        restricting the construction of defense infrastructure 
        or limiting the ability of NATO to deploy necessary 
        reinforcements;
          (3) providing any international organization, or any 
        country that is not a member of NATO, with the 
        authority to delay, veto, or otherwise impede 
        deliberations and decisions of the North Atlantic 
        Council or the implementation of such decisions, 
        including deliberations and decisions with respect to 
        the deployment of NATO forces or the admission of 
        additional members to NATO; or
          (4) impeding the development of enhanced relations 
        between NATO and other European countries that do not 
        belong to the Alliance.

SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE 
                    DEFENSE.

    (a) Policy of Section.--This section is enacted in order to 
implement the policy set forth in section 2702(c).
    (b) Restriction on Entry Into Force of ABM/TMD Demarcation 
Agreements.--An ABM/TMD demarcation agreement shall not be 
binding on the United States, and shall not enter into force 
with respect to the United States, unless, after the date of 
enactment of this Act, that agreement is specifically approved 
with the advice and consent of the United States Senate 
pursuant to Article II, section 2, clause 2 of the 
Constitution.
    (c) Sense of Congress With Respect to Demarcation 
Agreements.--
          (1) Relationship to multilateralization of abm 
        treaty.--It is the sense of Congress that no ABM/TMD 
        demarcation agreement will be considered for advice and 
        consent to ratification unless, consistent with the 
        certification of the President pursuant to condition 
        (9) of the resolution of ratification of the CFE Flank 
        Document, the President submits for Senate advice and 
        consent to ratification any agreement, arrangement, or 
        understanding that would--
                  (A) add one or more countries as State 
                Parties to the ABM Treaty, or otherwise convert 
                the ABM Treaty from a bilateral treaty to a 
                multilateral treaty; or
                  (B) change the geographic scope or coverage 
                of the ABM Treaty, or otherwise modify the 
                meaning of the term ``national territory'' as 
                used in Article VI and Article IX of the ABM 
                Treaty.
          (2) Preservation of united states theater ballistic 
        missile defense potential.--It is the sense of Congress 
        that no ABM/TMD demarcation agreement that would reduce 
        the capabilities of United States theater missile 
        defense systems, or the numbers or deployment patterns 
        of such systems, will be approved for entry into force 
        with respect to the United States.
    (d) Report on Cooperative Projects With Russia.--Not later 
than January 1, 1999, January 1, 2000, and January 1, 2001,\4\ 
the President shall submit to the Committees on International 
Relations, National Security, and Appropriations of the House 
of Representatives and the Committees on Foreign Relations, 
Armed Services, and Appropriations of the Senate a report on 
cooperative projects with Russia in the area of ballistic 
missile defense, including in the area of early warning. Each 
such report shall include the following:
---------------------------------------------------------------------------
    \4\ Sec. 209(d) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``and January 1, 2000'' and inserted in 
lieu thereof ``January 1, 2000, and January 1, 2001,''.
---------------------------------------------------------------------------
          (1) Cooperative projects.--A description of all 
        cooperative projects conducted in the area of early 
        warning and ballistic missile defense during the 
        preceding fiscal year and the fiscal year during which 
        the report is submitted.
          (2) Funding.--A description of the funding for such 
        projects during the preceding fiscal year and the year 
        during which the report is submitted and the proposed 
        funding for such projects for the next fiscal year.
          (3) Status of dialogue or discussions.--A description 
        of the status of any dialogue or discussions conducted 
        during the preceding fiscal year between the United 
        States and Russia aimed at exploring the potential for 
        mutual accommodation of outstanding issues between the 
        two nations on matters relating to ballistic missile 
        defense and the ABM Treaty, including the possibility 
        of developing a strategic relationship not based on 
        mutual nuclear threats.
    (e) Definitions.--In this section:
          (1) ABM/TMD demarcation agreement.--The term ``ABM/
        TMD demarcation agreement'' means any agreement that 
        establishes a demarcation between theater ballistic 
        missile defense systems and strategic antiballistic 
        missile defense systems for purposes of the ABM Treaty.
          (2) ABM treaty.--The term ``ABM Treaty'' means the 
        Treaty Between the United States of America and the 
        Union of Soviet Socialist Republics on the Limitation 
        of Anti-Ballistic Missile Systems, signed at Moscow on 
        May 26, 1972 (23 UST 3435), and includes the Protocols 
        to that Treaty, signed at Moscow on July 3, 1974 (27 
        UST 1645).
              b. NATO Enlargement Facilitation Act of 1996

   Title VI of sec. 101(c) of title I of Public Law 104-208 [Omnibus 
  Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

        TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996 \1\

SEC. 601. SHORT TITLE.

      This title may be cited as the ``NATO Enlargement 
Facilitation Act of 1996''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------

SEC. 602. FINDINGS.

    The Congress makes the following findings:
          (1) Since 1949, the North Atlantic Treaty 
        Organization (NATO) has played an essential role in 
        guaranteeing the security, freedom, and prosperity of 
        the United States and its partners in the Alliance.
          (2) The NATO Alliance is, and has been since its 
        inception, purely defensive in character, and it poses 
        no threat to any nation. The enlargement of the NATO 
        Alliance to include as full and equal members emerging 
        democracies in Central and Eastern Europe will serve to 
        reinforce stability and security in Europe by fostering 
        their integration into the structures which have 
        created and sustained peace in Europe since 1945. Their 
        admission into NATO will not threaten any nation. 
        America's security, freedom, and prosperity remain 
        linked to the security of the countries of Europe.
          (3) The sustained commitment of the member countries 
        of NATO to a mutual defense has made possible the 
        democratic transformation of Central and Eastern 
        Europe. Members of the Alliance can and should play a 
        critical role in addressing the security challenges of 
        the post-Cold War era and in creating the stable 
        environment needed for those emerging democracies in 
        Central and Eastern Europe to successfully complete 
        political and economic transformation.
          (4) The United States continues to regard the 
        political independence and territorial integrity of all 
        emerging democracies in Central and Eastern Europe as 
        vital to European peace and security.
          (5) The active involvement by the countries of 
        Central and Eastern Europe has made the Partnership for 
        Peace program an important forum to foster cooperation 
        between NATO and those countries seeking NATO 
        membership.
          (6) NATO has enlarged its membership on 3 different 
        occasions since 1949.
          (7) Congress supports the admission of qualified new 
        members to NATO and the European Union at an early date 
        and has sought to facilitate the admission of qualified 
        new members into NATO.
          (8) Lasting security and stability in Europe requires 
        not only the military integration of emerging 
        democracies in Central and Eastern Europe into existing 
        European structures, but also the eventual economic and 
        political integration of these countries into existing 
        European structures.
          (9) As new members of NATO assume the 
        responsibilities of Alliance membership, the costs of 
        maintaining stability in Europe should be shared more 
        widely. Facilitation of the enlargement process will 
        require current members of NATO, and the United States 
        in particular, to demonstrate the political will needed 
        to build on successful ongoing programs such as the 
        Warsaw Initiative and the Partnership for Peace by 
        making available the resources necessary to supplement 
        efforts prospective new members are themselves 
        undertaking.
          (10) New members will be full members of the 
        Alliance, enjoying all rights and assuming all the 
        obligations under the North Atlantic Treaty, signed at 
        Washington on April 4, 1949 (hereafter in this Act 
        referred to as the ``Washington Treaty'').
          (11) In order to assist emerging democracies in 
        Central and Eastern Europe that have expressed interest 
        in joining NATO to be prepared to assume the 
        responsibilities of NATO membership, the United States 
        should encourage and support efforts by such countries 
        to develop force structures and force modernization 
        priorities that will enable such countries to 
        contribute to the full range of NATO missions, 
        including, most importantly, territorial defense of the 
        Alliance.
          (12) Cooperative regional peacekeeping initiatives 
        involving emerging democracies in Central and Eastern 
        Europe that have expressed interest in joining NATO, 
        such as the Baltic Peacekeeping Battalion, the Polish-
        Lithuanian Joint Peacekeeping Force, and the Polish-
        Ukrainian Peacekeeping Force, can make an important 
        contribution to European peace and security and 
        international peacekeeping efforts, can assist those 
        countries preparing to assume the responsibilities of 
        possible NATO membership, and accordingly should 
        receive appropriate support from the United States.
          (13) NATO remains the only multilateral security 
        organization capable of conducting effective military 
        operations and preserving security and stability of the 
        Euro-Atlantic region.
          (14) NATO is an important diplomatic forum and has 
        played a positive role in defusing tensions between 
        members of the Alliance and, as a result, no military 
        action has occurred between two Alliance member states 
        since the inception of NATO in 1949.
          (15) The admission to NATO of emerging democracies in 
        Central and Eastern Europe which are found to be in a 
        position to further the principles of the Washington 
        Treaty would contribute to international peace and 
        enhance the security of the region. Countries which 
        have become democracies and established market 
        economies, which practice good neighborly relations, 
        and which have established effective democratic 
        civilian control over their defense establishments and 
        attained a degree of interoperability with NATO, should 
        be evaluated for their potential to further the 
        principles of the Washington Treaty.
          (16) Democratic civilian control of defense forces is 
        an essential element in the process of preparation for 
        those states interested in possible NATO membership.
          (17) Protection and promotion of fundamental freedoms 
        and human rights is an integral aspect of genuine 
        security, and in evaluating requests for membership in 
        NATO, the human rights records of the emerging 
        democracies in Central and Eastern Europe should be 
        evaluated according to their commitments to fulfill in 
        good faith the human rights obligations of the Charter 
        of the United Nations, the principles of the Universal 
        Declaration on Human Rights, and the Helsinki Final 
        Act.
          (18) A number of Central and Eastern European 
        countries have expressed interest in NATO membership, 
        and have taken concrete steps to demonstrate this 
        commitment, including their participation in 
        Partnership for Peace activities.
          (19) The Caucasus region remains important 
        geographically and politically to the future security 
        of Central Europe. As NATO proceeds with the process of 
        enlargement, the United States and NATO should continue 
        to examine means to strengthen the sovereignty and 
        enhance the security of United Nations recognized 
        countries in that region.
          (20) In recognition that not all countries which have 
        requested membership in NATO will necessarily qualify 
        at the same pace, the accession date for each new 
        member will vary.
          (21) The provision of additional NATO transition 
        assistance should include those emerging democracies 
        most ready for closer ties with NATO and should be 
        designed to assist other countries meeting specified 
        criteria of eligibility to move forward toward eventual 
        NATO membership.
          (22) The Congress of the United States finds in 
        particular that Poland, Hungary, and the Czech Republic 
        have made significant progress toward achieving the 
        criteria set forth in section 203(d)(3) of the NATO 
        Participation Act of 1994 and should be eligible for 
        the additional assistance described in this Act.
          (23) The evaluation of future membership in NATO for 
        emerging democracies in Central and Eastern Europe 
        should be based on the progress of those nations in 
        meeting criteria for NATO membership, which require 
        enhancement of NATO's security and the approval of all 
        NATO members.
          (24) The process of NATO enlargement entails the 
        consensus agreement of the governments of all 16 NATO 
        members and ratification in accordance with their 
        constitutional procedures.
          (25) Some NATO members, such as Spain and Norway, do 
        not allow the deployment of nuclear weapons on their 
        territory although they are accorded the full 
        collective security guarantees provided by Article 5 of 
        the Washington Treaty. There is no a priori requirement 
        for the stationing of nuclear weapons on the territory 
        of new NATO members, particularly in the current 
        security climate. However, NATO retains the right to 
        alter its security posture at any time as circumstances 
        warrant.

SEC. 603. UNITED STATES POLICY.

    It is the policy of the United States--
          (1) to join with the NATO allies of the United States 
        to adapt the role of the NATO Alliance in the post-Cold 
        War world;
          (2) to actively assist the emerging democracies in 
        Central and Eastern Europe in their transition so that 
        such countries may eventually qualify for NATO 
        membership;
          (3) to support the enlargement of NATO in recognition 
        that enlargement will benefit the interests of the 
        United States and the Alliance and to consider these 
        benefits in any analysis of the costs of NATO 
        enlargement;
          (4) to ensure that all countries in Central and 
        Eastern Europe are fully aware of and capable of 
        assuming the costs and responsibilities of NATO 
        membership, including the obligation set forth in 
        Article 10 of the Washington Treaty that new members be 
        able to contribute to the security of the North 
        Atlantic area; and
          (5) to work to define a constructive and cooperative 
        political and security relationship between an enlarged 
        NATO and the Russian Federation.

SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.

    It is the sense of the Congress that in order to promote 
economic stability and security in Slovakia, Estonia, Latvia, 
Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine--
          (1) the United States should continue and expand its 
        support for the full and active participation of these 
        countries in activities appropriate for qualifying for 
        NATO membership;
          (2) the United States Government should use all 
        diplomatic means available to press the European Union 
        to admit as soon as possible any country which 
        qualifies for membership;
          (3) the United States Government and the North 
        Atlantic Treaty Organization should continue and expand 
        their support for military exercises and peacekeeping 
        initiatives between and among these nations, nations of 
        the North Atlantic Treaty Organization, and Russia; and
          (4) the process of enlarging NATO to include emerging 
        democracies in Central and Eastern Europe should not be 
        limited to consideration of admitting Poland, Hungary, 
        the Czech Republic, and Slovenia as full members of the 
        NATO Alliance.

SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND 
                    LITHUANIA.

    In view of the forcible incorporation of Estonia, Latvia, 
Lithuania into the Soviet Union in 1940 under the Molotov-
Ribbentrop Pact and the refusal of the United States and other 
countries to recognize that incorporation for over 50 years, it 
is the sense of the Congress that--
          (1) Estonia, Latvia, and Lithuania have valid 
        historical security concerns that must be taken into 
        account by the United States; and
          (2) Estonia, Latvia, and Lithuania should not be 
        disadvantaged in seeking to join NATO by virtue of 
        their forcible incorporation into the Soviet Union.

SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT 
                    ASSISTANCE.

    (a) In General.--The following countries are designated as 
eligible to receive assistance under the program established 
under section 203(a) of the NATO Participation Act of 1994 and 
shall be deemed to have been so designated pursuant to section 
203(d)(1) of such Act: Poland, Hungary, and the Czech Republic.
    (b) Designation of Slovenia.--Effective 90 days after the 
date of enactment of this Act, Slovenia is designated as 
eligible to receive assistance under the program established 
under section 203(a) of the NATO Participation Act of 1994, and 
shall be deemed to have been so designated pursuant to section 
203(d) of such Act, unless the President certifies to Congress 
prior to such effective date that Slovenia fails to meet the 
criteria under section 203(d)(3) of such Act.
    (c) Designation of Other Countries.--The President shall 
designate other emerging democracies in Central and Eastern 
Europe as eligible to receive assistance under the program 
established under section 203(a) of such Act if such 
countries--
          (1) have expressed a clear desire to join NATO;
          (2) have begun an individualized dialogue with NATO 
        in preparation for accession;
          (3) are strategically significant to an effective 
        NATO defense; and
          (4) meet the other criteria outlined in section 
        203(d)(3) of the NATO Participation Act of 1994 (title 
        II of Public Law 103-447; 22 U.S.C. 1928 note).
    (d) Rule of Construction.--Nothing in this section 
precludes the designation by the President of Estonia, Latvia, 
Lithuania, Romania, Slovakia, Bulgaria, Albania, Moldova, 
Ukraine, or any other emerging democracy in Central and Eastern 
Europe pursuant to section 203(d) of the NATO Participation Act 
of 1994 as eligible to receive assistance under the program 
established under section 203(a) of such Act.

SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT 
                    ASSISTANCE.

    (a) In General.--There are authorized to be appropriated 
$60,000,000 for fiscal year 1997 for the program established 
under section 203(a) of the NATO Participation Act of 1994.
    (b) Availability.--Of the funds authorized to be 
appropriated by subsection (a)--
          (1) not less than $20,000,000 shall be available for 
        the cost, as defined in section 502(5) of the Credit 
        Reform Act of 1990, of direct loans pursuant to the 
        authority of section 203(c)(4) of the NATO 
        Participation Act of 1994 (relating to the ``Foreign 
        Military Financing Program'');
          (2) not less than $30,000,000 shall be available for 
        assistance on a grant basis pursuant to the authority 
        of section 203(c)(4) of the NATO Participation Act of 
        1994 (relating to the ``Foreign Military Financing 
        Program''); and
          (3) not more than $10,000,000 shall be available for 
        assistance pursuant to the authority of section 
        203(c)(3) of the NATO Participation Act of 1994 
        (relating to international military education and 
        training).
    (c) Rule of Construction.--Amounts authorized to be 
appropriated under this section are authorized to be 
appropriated in addition to such amounts as otherwise may be 
available for such purposes.

SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE 
                    INFORMATION MANAGEMENT SYSTEM.

    (a) In General.--To the extent provided in advance in 
appropriations acts for such purposes, funds described in 
subsection (b) are authorized to be made available to support 
the implementation of the Regional Airspace Initiative and the 
Partnership for Peace Information Management System, 
including--
          (1) the procurement of items in support of these 
        programs; and
          (2) the transfer of such items to countries 
        participating in these programs.
    (b) Funds Described.--Funds described in this subsection 
are funds that are available--
          (1) during any fiscal year under the NATO 
        Participation Act of 1994 with respect to countries 
        eligible for assistance under that Act; or
          (2) during fiscal year 1997 under any Act to carry 
        out the Warsaw Initiative.

SEC. 609. EXCESS DEFENSE ARTICLES.

    (a) Priority Delivery.--Notwithstanding any other provision 
of law, the delivery of excess defense articles under the 
authority of section 203(c) (1) and (2) of the NATO 
Participation Act of 1994 and section 516 of the Foreign 
Assistance Act of 1961 shall be given priority to the maximum 
extent feasible over the delivery of such excess defense 
articles to all other countries except those countries referred 
to in section 541 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1995 (Public Law 103-
306; 108 Stat. 1640).
    (b) Cooperative Regional Peacekeeping Initiatives.--The 
Congress encourages the President to provide excess defense 
articles and other appropriate assistance to cooperative 
regional peacekeeping initiatives involving emerging 
democracies in Central and Eastern Europe that have expressed 
an interest in joining NATO in order to enhance their ability 
to contribute to European peace and security and international 
peacekeeping efforts.

SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.

    The Congress endorses efforts by the United States to 
modernize the defense capability of Poland, Hungary, the Czech 
Republic, Slovenia, and any other countries designated by the 
President pursuant to section 203(d) of the NATO Participation 
Act of 1994, by exploring with such countries options for the 
sale or lease to such countries of weapons systems compatible 
with those used by NATO members, including air defense systems, 
advanced fighter aircraft, and telecommunications 
infrastructure.

SEC. 611. TERMINATION OF ELIGIBILITY.

    (a) Termination of Eligibility.--The eligibility of a 
country designated pursuant to subsection (a) or (b) of section 
606 or pursuant to section 203(d) of the NATO Participation Act 
of 1994 may be terminated upon a determination by the President 
that such country does not meet the criteria set forth in 
section 203(d)(3) of the NATO Participation Act of 1994.
    (b) Notification.--At least 15 days before terminating the 
eligibility of any country pursuant to subsection (a), the 
President shall notify the congressional committees specified 
in section 634A of the Foreign Assistance Act of 1961 in 
accordance with the procedures applicable to reprogramming 
notifications under that section.

SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.

    The NATO Participation Act of 1994 (title II of Public Law 
103-447; 22 U.S.C. 1928 note) is amended in sections 203(a), 
203(d)(1), and 203(d)(2) by striking ``countries emerging from 
communist domination'' each place it appears and inserting 
``emerging democracies in Central and Eastern Europe''.
                   c. NATO Participation Act of 1994

    Title II of Public Law 103-447 [International Narcotics Control 
 Corrections Act of 1994; H.R. 5246], 108 Stat. 4691 at 4695, approved 
  November 2, 1994; amended by Public Law 104-99 [Foreign Operations, 
 Export Financing, and Related Programs Appropriations Act, 1996, H.R. 
   1868, enacted by reference in sec. 301 of Public Law 104-99; H.R. 
2880], 110 Stat. 26, approved January 26, 1996, enacted again as Public 
  Law 104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996; 
Public Law 104-208 [NATO Enlargement Facilitation Act of 1996, title VI 
 of sec. 101(c) of title I of the Omnibus Consolidated Appropriations 
Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and 
by Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October 
                                21, 1998

              TITLE II--NATO PARTICIPATION ACT OF 1994 \1\

SEC. 201. SHORT TITLE.

    This title may be cited as the ``NATO Participation Act of 
1994''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------

SEC. 202. SENSE OF THE CONGRESS.

    It is the sense of the Congress that--
          (1) the leaders of the NATO member nations are to be 
        commended for reaffirming that NATO membership remains 
        open to Partnership for Peace countries emerging from 
        communist domination and for welcoming eventual 
        expansion of NATO to include such countries;
          (2) full and active participants in the Partnership 
        for Peace in a position to further the principles of 
        the North Atlantic Treaty and to contribute to the 
        security of the North Atlantic area should be invited 
        to become full NATO members in accordance with Article 
        10 of such Treaty at an early date, if such 
        participants--
                  (A) maintain their progress toward 
                establishing democratic institutions, free 
                market economies, civilian control of their 
                armed forces, and the rule of law; and
                  (B) remain committed to protecting the rights 
                of all their citizens and respecting the 
                territorial integrity of their neighbors;
          (3) the United States, other NATO member nations, and 
        NATO itself should furnish appropriate assistance to 
        facilitate the transition to full NATO membership at an 
        early date of full and active participants in the 
        Partnership for Peace; and
          (4) in particular, Poland, Hungary, the Czech 
        Republic, and Slovakia have made significant progress 
        toward establishing democratic institutions, free 
        market economies, civilian control of their armed 
        forces, and the rule of law since the fall of their 
        previous communist governments.

SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO 
                    MEMBERSHIP.

    (a) In General.--The President may establish a program to 
assist the transition to full NATO membership of Poland, 
Hungary, the Czech Republic, Slovakia, and other Partnership 
for Peace emerging democracies in Central and Eastern Europe 
\2\ designated pursuant to subsection (d).
---------------------------------------------------------------------------
    \2\ Sec. 612 of the NATO Enlargement Facilitation Act of 1996 
(title VI of sec. 101(c) of title I of Public Law 104-208; 110 Stat. 
3009) struck out ``countries emerging from communist domination'' and 
inserted in lieu thereof ``emerging democracies in Central and Eastern 
Europe'' in secs. 203(a), 203(d)(1) and 203(d)(2).
---------------------------------------------------------------------------
    (b) Conduct of Program.--The program established under 
subsection (a) shall facilitate the transition to full NATO 
membership of the countries designated under subsection (d) \3\ 
by supporting and encouraging, inter alia--
---------------------------------------------------------------------------
    \3\ Sec. 585(a)(2)(A) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 754), struck out countries described in such subsection'' and 
inserted in lieu thereof ``countries designated under subsection (d)''.
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          (1) joint planning, training, and military exercises 
        with NATO forces;
          (2) greater interoperability of military equipment, 
        air defense systems, and command, control, and 
        communications systems; and
          (3) conformity of military doctrine.
    (c) Type of Assistance.--In carrying out the program 
established under subsection (a), the President may provide to 
the countries designated under subsection (d) \3\ the following 
types of security assistance:
          (1) The transfer of excess defense articles under 
        section 516 of the Foreign Assistance Act of 1961.\4\
---------------------------------------------------------------------------
    \4\ Sec. 2703(e)(1) of the European Security Act of 1999 (title 
XXVII of Public Law 105-277; 112 Stat. 2681-842) struck out ``, without 
regard to the restrictions in paragraphs (1) through (3) of subsection 
(a) of such section (relating to the eligibility of countries for such 
articles under such section)'' following ``Foreign Assistance Act of 
1961''.
---------------------------------------------------------------------------
          (2) \5\ Assistance under chapter 5 of part II of the 
        Foreign Assistance Act of 1961 (relating to 
        international military education and training).
---------------------------------------------------------------------------
    \5\ Sec. 2703(e)(2) of the European Security Act of 1999 (title 
XXVII of Public Law 105-277; 112 Stat. 2681-842) struck out former 
para. (2), which had provided as follows:
    ``(2) The transfer of nonlethal excess defense articles under 
section 519 of the Foreign Assistance Act of 1961, without regard to 
the restriction in subsection (a) of such section (relating to the 
justification of the foreign military financing program for the fiscal 
year in which a transfer is authorized).''.
    Sec. 2703(e)(5) of that Act redesignated paras. (3) through (8) as 
paras. (2) through (7), respectively.
---------------------------------------------------------------------------
          (3) \5\ Assistance under section 23 of the Arms 
        Export Control Act (relating to the ``Foreign Military 
        Financing Program'').
          (4) \6\ Assistance under chapter 4 of part II of the 
        Foreign Assistance Act of 1961 (relating to the 
        Economic Support Fund).
---------------------------------------------------------------------------
    \6\ Sec. 585(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 754, added paras. (5) through (8), redesignated as paras. (4) 
through (7) by sec. 2703(e)(5) of the European Security Act of 1999 
(title XXVII of Public Law 105-277; 112 Stat. 2681-843).
---------------------------------------------------------------------------
          (5) Funds made available for the ``Nonproliferation 
        and Disarmament Fund''.\7\
---------------------------------------------------------------------------
    \7\ Sec. 2703(e)(3) of the European Security Act of 1999 (title 
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out 
``appropriated under the ``Nonproliferation and Disarmament Fund'' 
account'' and inserted in lieu thereof ``made available for the 
`Nonproliferation and Disarmament Fund'''.
---------------------------------------------------------------------------
          (6) Assistance under chapter 6 of part II of the 
        Foreign Assistance Act of 1961 (relating to 
        peacekeeping operations and other programs).
          (7) Notwithstanding any other provision of law, 
        including section 516(e) \8\ of the Foreign Assistance 
        Act of 1961,\9\ the President may direct the crating, 
        packing, handling, and transportation of excess defense 
        articles provided pursuant to paragraph (1) \10\ of 
        this subsection without charge to the recipient of such 
        articles.
---------------------------------------------------------------------------
    \8\ Sec. 2703(e)(4)(A) of the European Security Act of 1999 (title 
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out ``any 
restrictions in sections 516 and 519'' and inserted in lieu thereof 
``section 516(e)''.
    \9\ Sec. 2703(e)(4)(B) of the European Security Act of 1999 (title 
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out ``as 
amended,'' following ``Foreign Assistance Act of 1961,''.
    \10\ Sec. 2703(e)(4)(C) of the European Security Act of 1999 (title 
XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out 
``paragraphs (1) and (2)'' and inserted in lieu thereof ``paragraph 
(1)''.
---------------------------------------------------------------------------
    (d) \11\ Designation of Eligible Countries.--
---------------------------------------------------------------------------
    \11\ Sec. 585(a)(1) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 752), amended and restated subsec. (d). It formerly read as 
follows:
    ``(d) Designation of Partnership for Peace Countries Emerging From 
Communist Domination.--The President may designate countries emerging 
from communism and participating in the Partnership for Peace, 
especially Poland, Hungary, the Czech Republic, and Slovakia, to 
receive assistance under the program established under subsection (a) 
if the President determines and reports to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate that such countries--
---------------------------------------------------------------------------

          ``(1) are full and active participants in the Partnership for 
        Peace;
          ``(2) have made significant progress toward establishing 
        democratic institutions, a free market economy, civilian 
        control of their armed forces, and the rule of law;
          ``(3) are likely in the near future to be in a position to 
        further the principles of the North Atlantic Treaty and to 
        contribute to the security of the North Atlantic area; and
          ``(4) are not selling or transferring defense articles to a 
        state that has repeatedly provided support for acts of 
        international terrorism, as determined by the Secretary of 
        State under section 6(j) of the Export Administration Act of 
        1979.''.
          (1) Initial presidential review and designation.--
        Within 60 days of the enactment of the NATO 
        Participation Act Amendments of 1995, the President 
        should evaluate the degree to which any emerging 
        democracies in Central and Eastern Europe \12\ which 
        has expressed its interest in joining NATO meets the 
        criteria set forth in paragraph (3), and may designate 
        one or more of these countries as eligible to receive 
        assistance under the program established under 
        subsection (a). The President shall, at the time of 
        designation of any country pursuant to this paragraph, 
        determine and report to the Committees on International 
        Relations and Appropriations of the House of 
        Representatives and the Committees on Foreign Relations 
        and Appropriations of the Senate with respect to each 
        country so designated that such country meets the 
        criteria set forth in paragraph (3).
---------------------------------------------------------------------------
    \12\ Sec. 612 of the NATO Enlargement Facilitation Act of 1996 
(title VI of sec. 101(c) of title I of Public Law 104-208; 110 Stat. 
3009), which struck out ``countries emerging from communist 
domination'' each place it appeared in secs. 203(a), 203(d)(1), and 
203(d)(2), and inserted in lieu thereof ``emerging democracies in 
Central and Eastern Europe''. Such language did not appear in sec. 
203(d)(1), however, having been amended and restated by sec. 585 of 
Public Law 104-107. In keeping with the intent of the amendment, it has 
been applied here to strike out ``any country emerging from communist 
domination'' and insert in lieu thereof ``emerging democracies in 
Central and Eastern Europe''.
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          (2) Other european emerging democracies in Central 
        and Eastern Europe.--\13\ In addition to the countries 
        designated pursuant to paragraph (1), the President may 
        at any time designate other European emerging 
        democracies in Central and Eastern Europe \13\ as 
        eligible to receive assistance under the program 
        established under subsection (a). The President shall, 
        at the time of designation of any country pursuant to 
        this paragraph, determine and report to the Committees 
        on International Relations and Appropriations of the 
        House of Representatives and the Committees on Foreign 
        Relations and Appropriations of the Senate with respect 
        to each country so designated that such country meets 
        the criteria set forth in paragraph (3).
---------------------------------------------------------------------------
    \13\ As amended by sec. 612 of the NATO Enlargement Facilitation 
Act of 1996 (title VI of sec. 101(c) of title I of Public Law 104-208; 
110 Stat. 3009), which struck out ``countries emerging from communist 
domination'' and inserted in lieu thereof ``emerging democracies in 
Central and Eastern Europe''.
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          (3) Criteria.--The criteria referred to in paragraphs 
        (1) and (2) are, with respect to each country, that the 
        country--
                  (A) has made significant progress toward 
                establishing--
                          (i) shared values and interests;
                          (ii) democratic governments;
                          (iii) free market economies;
                          (iv) civilian control of the 
                        military, of the police, and of 
                        intelligence services, so that these 
                        organizations do not pose a threat to 
                        democratic institutions, neighboring 
                        countries, or the security of NATO or 
                        the United States;
                          (v) adherence to the rule of law and 
                        to the values, principles, and 
                        political commitments set forth in the 
                        Helsinki Final Act and other 
                        declarations by the members of the 
                        Organization on Security and 
                        Cooperation in Europe;
                          (vi) commitment to further the 
                        principles of NATO and to contribute to 
                        the security of the North Atlantic 
                        area;
                          (vii) commitment to protecting the 
                        rights of all their citizens and 
                        respecting the territorial integrity of 
                        their neighbors;
                          (viii) commitment and ability to 
                        accept the obligations, 
                        responsibilities, and costs of NATO 
                        membership; and
                          (ix) commitment and ability to 
                        implement infrastructure development 
                        activities that will facilitate 
                        participation in and support for NATO 
                        military activities;
                  (B) is likely, within five years of such 
                determination, to be in a position to further 
                the principles of the North Atlantic Treaty and 
                to contribute to the security of the North 
                Atlantic area; and
                  (C) is not ineligible to receive assistance 
                under section 552 of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 1996, with respect to 
                transfers of equipment to a country the 
                government of which the Secretary of State has 
                determined is a terrorist government for 
                purposes of section 40(d) of the Arms Export 
                Control Act.
    (e) Notification.--At least 15 days before designating any 
country pursuant to subsection (d), the President shall notify 
the appropriate congressional committees in accordance with the 
procedures applicable under section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1), and shall include 
with such notification a memorandum of justification with 
respect to the proposed designation.\14\
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    \14\ Sec. 585(a)(2)(B) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 754), inserted ``(22 U.S.C. 2394-1), and shall include with such 
notification a memorandum of justification with respect to the proposed 
designation''.
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    (f) Determination.--It is hereby determined that Poland, 
Hungary, the Czech Republic, and Slovakia meet the criteria 
required in paragraphs (1), (2), and (3) of subsection (d).
    (g) \15\ Effect on other authorities.--Nothing in this Act 
shall affect the eligibility of countries to participate under 
other provisions of law in programs described in this Act.
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    \15\ Sec. 585(c) of the of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1996 (Public Law 
104-107; 110 Stat. 754), added subsec. (g).
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SEC. 204. ADDITIONAL AUTHORITIES.

    (a) Arms Export Control Act.--The President is authorized 
to exercise the authority of sections 63 and 65 of the Arms 
Export Control Act with respect to any country designated under 
section 203(d) of this title on the same basis authorized with 
respect to NATO countries.
    (b) Other NATO Authorities.--The President should designate 
any country designated under section 203(d) of this title as 
eligible under sections 2350c and 2350f of title 10, United 
States Code.
    (c) Sense of Congress.--It is the sense of Congress that, 
in the interest of maintaining stability and promoting 
democracy in Poland, Hungary, the Czech Republic, Slovakia, and 
any other Partnership for Peace country designated under 
section 203(d) of this title, those countries should be 
included in all activities under section 2457 of title 10, 
United States Code, related to the increased standardization 
and enhanced interoperability of equipment and weapons systems, 
through coordinated training and procurement activities, as 
well as other means, undertaken by the North Atlantic Treaty 
Organization members and other allied countries.

SEC. 205. ANNUAL \16\ REPORTING REQUIREMENT.

    The President shall include in the annual \17\ report 
required by section 514(a) of Public Law 103-236 (22 U.S.C. 
1928 note) the following:
---------------------------------------------------------------------------
    \16\ Sec. 585(d)(1) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 754), added `annual'' in the section catchline.
    \17\ Sec. 585(d)(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 754), added `annual'' after ``include in the''.
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          (1) A description of all assistance provided under 
        the program established under section 203(a), or 
        otherwise provided by the United States Government to 
        facilitate the transition to full NATO membership of 
        Poland, Hungary, the Czech Republic, Slovakia, and any 
        other country designated by the President pursuant to 
        section 203(d).\18\
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    \18\ Sec. 585(d)(3) Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 754), struck out ``and other Partnership for Peace countries 
emerging from communist domination designated pursuant to section 
203(d)'' and inserted in lieu thereof ``and any other country 
designated by the President pursuant to section 203(d)'' in paras. (1) 
and (2).
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          (2) A description, on the basis of information 
        received from the recipients and from NATO, of all 
        assistance provided by other NATO member nations or 
        NATO itself to facilitate the transition to full NATO 
        membership of Poland, Hungary, the Czech Republic, 
        Slovakia, and any other country designated by the 
        President pursuant to section 203(d).\18\
   d. Reaffirming the United States Commitment to the North Atlantic 
                                Alliance

 Public Law 96-9 [H.J. Res. 283], 93 Stat. 22, approved April 19, 1979

JOINT RESOLUTION Reaffirming the United States commitment to the North 
                           Atlantic Alliance.

Whereas April 4, 1979, marks the thirtieth anniversary of the 
    signing in Washington of the North Atlantic Treaty;
Whereas the alliance created by the treaty constitutes the 
    manifestation of the ties which bind the democracies of 
    Europe and North America and of their determination to 
    preserve their common heritage of individual liberties, the 
    rule of law, and the dignity of humankind;
Whereas the peace and stability insured by the alliance for 
    thirty years has fostered the well-being and freedom of 
    nearly six hundred million human beings;
Whereas the conditions for political stability and economic 
    prosperity derive from the military security provided by 
    the alliance; and
Whereas the search for world peace, mutual respect among the 
    nations of the world, and reduction in armaments are 
    attainable only in a secure environment: Now, therefore, be 
    it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the North 
Atlantic Alliance be reaffirmed as a vital commitment and 
cornerstone of United States foreign policy, and that the 
bipartisan spirit that inspired its birth be rededicated to the 
purpose of strengthening it further in the cause of peace and 
security.
    Sec. 2. The Congress recognizes the contribution of the 
Canadian and European Allies to the common defense and to the 
preservation of the civilization and common heritage of the 
West.
    Sec. 3. On the occasion of this thirtieth anniversary, the 
Congress pledges its support for the Alliance as the 
indispensable basis for the achievement of our mutual security, 
the reduction of tensions, and the pursuit of improved 
relations among all nations.
    Sec. 4. The Congress requests that the President of the 
United States forward copies of this resolution to the Chiefs 
of State of all member countries of the North Atlantic Treaty 
Organization, and to the Secretary General in recognition of 
his contribution to the strength and confidence of the North 
Atlantic Treaty Organization.
   e. Reaffirming the Unity of the North Atlantic Alliance Commitment

 Public Law 95-287 [S.J. Res. 137], 92 Stat. 280, approved May 30, 1978

 JOINT RESOLUTION Reaffirming the unity of the North Atlantic Alliance 
                              commitment.

Whereas thirty years ago the Congress passed the Vandenberg 
    Resolution, which has come to represent the highest 
    qualities of bipartisan statesmanship; and
Whereas the North Atlantic Alliance has preserved the peace in 
    Europe for an entire generation, allowing its members to 
    attain unprecedented levels of prosperity and well-being 
    for their people; and
Whereas the leaders of the Alliance will gather in Washington, 
    D.C., on May 30 and 31, 1978, to renew their adherence to 
    its principles and rededicate themselves to its objectives; 
    and
Whereas this meeting will be the capstone of efforts to ensure 
    that the needs of collective security will be met over the 
    next decade: Now, therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the North 
Atlantic Alliance be reaffirmed as a vital commitment and 
cornerstone of United States foreign policy, and that the 
bipartisan spirit that inspired its birth be rededicated to the 
purpose of strengthening it further in the cause of peace and 
security.
    Sec. 2. The Congress recognizes the extraordinary success 
of the North Atlantic Alliance in fulfilling its goals of 
safeguarding the freedom, common heritage and civilization of 
its peoples, founded on the principles of democracy, individual 
liberty and the rule of law.
    Sec. 3. On the occasion of the NATO summit meeting in 
Washington, the Congress declares its support for efforts to 
reaffirm the unity of the North Atlantic Alliance, to 
strengthen its defensive capabilities to meet threats to the 
peace, and on this basis to persevere in attempts to lessen 
tensions with the Warsaw Pact States.
                        7. Taiwan Relations \1\

                        a. Taiwan Relations Act

 Public Law 96-8 [H.R. 2479], 93 Stat. 14, approved April 10, 1979; as 
 amended by Public Law 98-164 [Department of State Authorization Act, 
Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1061, approved 
                           November 22, 1983

 AN ACT To help maintain peace, security, and stability in the Western 
   Pacific and to promote the foreign policy of the United States by 
    authorizing the continuation of commercial, cultural, and other 
  relations between the people of the United States and the people on 
                    Taiwan, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Taiwan Relations 
Act''.
---------------------------------------------------------------------------
    \1\ See also sec. 1073 of the National Defense Authorization Act 
for Fiscal Year 1995, relating to visas for high-level officials of 
Taiwan, in Legislation on Foreign Relations Through 2001, vol. I-B.
    See also sec. 221 of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4320), relating 
to visas for officials of Taiwan, in this volume.
---------------------------------------------------------------------------

                   findings and declaration of policy

    Sec. 2.\2\ (a) The President having terminated governmental 
relations between the United States and the governing 
authorities on Taiwan recognized by the United States as the 
Republic of China prior to January 1, 1979, the Congress finds 
that the enactment of this Act is necessary--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 3301.
---------------------------------------------------------------------------
          (1) to help maintain peace, security, and stability 
        in the Western Pacific; and
          (2) to promote the foreign policy of the United 
        States by authorizing the continuation of commercial, 
        cultural, and other relations between the people of the 
        United States and the people on Taiwan.
    (b) It is the policy of the United States--
          (1) to preserve and promote extensive, close, and 
        friendly commercial, cultural, and other relations 
        between the people of the United States and the people 
        on Taiwan, as well as the people on the China mainland 
        and all other peoples of the Western Pacific area;
          (2) to declare that peace and stability in the area 
        are in the political, security, and economic interests 
        of the United States, and are matters of international 
        concern;
          (3) to make clear that the United States decision to 
        establish diplomatic relations with the People's 
        Republic of China rests upon the expectation that the 
        future of Taiwan will be determined by peaceful means;
          (4) to consider any effort to determine the future of 
        Taiwan by other than peaceful means, including by 
        boycotts or embargoes, a threat to the peace and 
        security of the Western Pacific area and of grave 
        concern to the United States;
          (5) to provide Taiwan with arms of a defensive 
        character; and
          (6) to maintain the capacity of the United States to 
        resist any resort to force or other forms of coercion 
        that would jeopardize the security, or the social or 
        economical system, of the people on Taiwan.
    (c) Nothing contained in this Act shall contravene the 
interest of the United States in human rights, especially with 
respect to the human rights of all the approximately eighteen 
million inhabitants of Taiwan. The preservation and enhancement 
of the human rights of all the people on Taiwan are hereby 
reaffirmed as objectives of the United States.

      implementation of united states policy with regard to taiwan

    Sec. 3.\3\ (a) In furtherance of the policy set forth in 
section 2 of this Act, the United States will make available to 
Taiwan such defense articles and defense services in such 
quantity as may be necessary to enable Taiwan to maintain a 
sufficient self-defense capability.\4\
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3302.
    \4\ Sec. 23 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 710) provided authorization for the 
President to transfer to Taiwan war reserve material and other property 
during calendar years 1980 and 1981. For text of sec. 23, see 
Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
    (b) The President and the Congress shall determine the 
nature and quantity of such defense articles and services based 
solely upon their judgment of the needs of Taiwan, in 
accordance with procedures established by law. Such 
determination of Taiwan's defense needs shall include review by 
United States military authorities in connection with 
recommendations to the President and the Congress.
    (c) The President is directed to inform the Congress 
promptly of any threat to the security or the social or 
economic system of the people on Taiwan and any danger to the 
interests of the United States arising therefrom. The President 
and the Congress shall determine, in accordance with 
constitutional processes, appropriate action by the United 
States in response to any such danger.

             application of laws; international agreements

    Sec. 4.\5\ (a) The absence of diplomatic relations or 
recognition shall not affect the application of the laws of the 
United States with respect to Taiwan, and the law of the United 
States shall apply with respect to Taiwan in the manner that 
the laws of the United States applied with respect to Taiwan 
prior to January 1, 1979.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 3303. See also sec. 704 of the Admiral James W. Nance 
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public 
Law 106-113; 113 Stat. 1536), pertaining to reports from the Secretary 
of State to Congress on U.S. support for membership or participation of 
Taiwan in international organizations.
---------------------------------------------------------------------------
    (b) The application of subsection (a) of this section shall 
include, but shall not be limited to, the following:
          (1) Whenever the laws of the United States refer or 
        relate to foreign countries, nations, states, 
        governments, or similar entities, such terms shall 
        include and such laws shall apply with respect to 
        Taiwan.
          (2) Whenever authorized by or pursuant to the laws of 
        the United States to conduct or carry out programs, 
        transactions, or other relations with respect to 
        foreign countries, nations, states, governments, or 
        similar entities, the President or any agency of the 
        United States Government is authorized to conduct and 
        carry out, in accordance with section 6 of this Act, 
        such programs, transactions, and other relations with 
        respect to Taiwan (including, but not limited to, the 
        performance of services for the United States through 
        contracts with commercial entities on Taiwan), in 
        accordance with the applicable laws of the United 
        States.
          (3)(A) The absence of diplomatic relations and 
        recognition with respect to Taiwan shall not abrogate, 
        infringe, modify, deny, or otherwise affect in any way 
        any rights or obligations (including but not limited to 
        those involving contracts, debts, or property interests 
        of any kind) under the laws of the United States 
        heretofore or hereafter acquired by or with respect to 
        Taiwan.
          (B) For all purposes under the laws of the United 
        States, including actions in any court in the United 
        States, recognition of the People's Republic of China 
        shall not affect in any way the ownership of or other 
        rights or interests in properties, tangible and 
        intangible, and other things of value, owned or held on 
        or prior to December 31, 1978, or thereafter acquired 
        or earned by the governing authorities on Taiwan.
          (4) Whenever the application of the laws of the 
        United States depends upon the law that is or was 
        applicable on Taiwan or compliance therewith, the law 
        applied by the people on Taiwan shall be considered the 
        applicable law for that purpose.
          (5) Nothing in this Act, nor the facts of the 
        President's action in extending diplomatic recognition 
        to the People's Republic of China, the absence of 
        diplomatic relations between the people on Taiwan and 
        the United States, or the lack of recognition by the 
        United States, and attendant circumstances thereto, 
        shall be construed in any administrative or judicial 
        proceeding as a basis for any United States Government 
        agency, commission, or department to make a finding of 
        fact or determination of law, under the Atomic Energy 
        Act of 1954 and the Nuclear Non-Proliferation Act of 
        1978, to deny an export license application or to 
        revoke an existing export license for nuclear exports 
        to Taiwan.
          (6) For purposes of the Immigration and Nationality 
        Act, Taiwan may be treated in the manner specified in 
        the first sentence of section 202(b) of that Act.\6\
---------------------------------------------------------------------------
    \6\ Sec. 714 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1548) provided the 
following:
    ``Sec. 714. The approval referred to in the first sentence of 
section 202(b) of the Immigration and Nationality Act shall be 
considered to have been granted with respect to Taiwan (China).''.
    The first sentence of such sec. 202(b) stated: ``Each independent 
country, self-governing dominion, mandated territory, and territory 
under the international trusteeship system of the United Nations, other 
than the United States and its outlying possessions shall be treated as 
a separate foreign state for the purposes of the numerical limitation 
set forth in the proviso to subsection (a) of this section when 
approved by the Secretary of State.''.
    On April 30, 1979, the Department of State made a final ruling 
whereby 22 CFR Part 42 was amended effective April 23, 1979, to provide 
that aliens in Taiwan applying for immigrant visas shall be required to 
appear personally before a designated officer of the American Institute 
in Taiwan in connection with the execution of his immigrant visa 
application. This ruling, which was made pursuant to the authority 
contained in section 104 of the Immigration and Nationality Act, can be 
found at 44 F.R. 28659, May 16, 1979.
---------------------------------------------------------------------------
          (7) The capacity of Taiwan to sue and be sued in 
        courts in the United States, in accordance with the 
        laws of the United States, shall not be abrogated, 
        infringed, modified, denied, or otherwise affected in 
        any way by the absence of diplomatic relations or 
        recognition.
          (8) No requirement, whether expressed or implied, 
        under the laws of the United States with respect to 
        maintenance of diplomatic relations or recognition 
        shall be applicable with respect to Taiwan.
    (c) For all purposes, including actions in any court in the 
United States, the Congress approves the continuation in force 
of all treaties and other international agreements, including 
multilateral conventions, entered into by the United States and 
the governing authorities on Taiwan recognized by the United 
States as the Republic of China prior to January 1, 1979, and 
in force between them on December 31, 1978, unless and until 
terminated in accordance with law.
    (d) Nothing in this Act may be construed as a basis for 
supporting the exclusion or expulsion of Taiwan from continued 
membership in any international financial institution of any 
other international organization.

                overseas private investment corporation

    Sec. 5.\7\ (a) During the three-year period beginning on 
the date of enactment of this Act, the $1,000 per capita income 
restriction in clause (2) of the second undesignated paragraph 
of section 231 of the Foreign Assistance Act of 1961 shall not 
restrict the activities of the Overseas Private Investment 
Corporation in determining whether to provide any insurance, 
reinsurance, loans, or guaranties with respect to investment 
projects on Taiwan.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 3304.
---------------------------------------------------------------------------
    (b) Except as provided in subsection (a) of this section, 
in issuing insurance, reinsurance, loans, or guaranties with 
respect to investment projects on Taiwan, the Overseas Private 
Insurance Corporation shall apply the same criteria as those 
applicable in other parts of the world.

                    the american institute of taiwan

    Sec. 6.\8\ (a) Programs, transactions, and other relations 
conducted or carried out by the President or any agency of the 
United States Government with respect to Taiwan shall, in the 
manner and to the extent directed by the President, be 
conducted and carried out by or through--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 3305.
---------------------------------------------------------------------------
          (1) The American Institute in Taiwan, a nonprofit 
        corporation incorporated under the laws of the District 
        of Columbia, or
          (2) such comparable successor nongovernmental entity 
        as the President may designate,
(hereafter in this Act referred to as the ``Institute'').
    (b) Whenever the President or any agency of the United 
States Government is authorized or required by or pursuant to 
the laws of the United States to enter into, perform, enforce, 
or have in force an agreement or transaction relative to 
Taiwan, such agreement or transaction shall be entered into, 
performed, and enforced, in the manner and to the extent 
directed by the President, by or through the Institute.
    (c) To the extent that any law, rule, regulation, or 
ordinance of the District of Columbia, or of any State or 
political subdivision thereof in which the Institute is 
incorporated or doing business, impedes or otherwise interferes 
with the performance of the functions of the Institute pursuant 
to this Act, such law, rule, regulation, or ordinance shall be 
deemed to be preempted by this Act.

     services by the institute to united states citizens on taiwan

    Sec. 7.\9\ (a) The Institute may authorize any of its 
employees on Taiwan--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3306.
---------------------------------------------------------------------------
          (1) to administer to or take from any person on oath, 
        affirmation, affidavit, or deposition, and to perform 
        any notarial act which any notary public is required or 
        authorized by law to perform within the United States;
          (2) to act as provisional conservator of the personal 
        estates of deceased United States citizens; and
          (3) to assist and protect the interests of United 
        States persons by performing other acts such as are 
        authorized to be performed outside the United States 
        for consular purposes by such laws of the United States 
        as the President may specify.
    (b) Acts performed by authorized employees of the Institute 
under this section shall be valid, and of like force and effect 
within the United States, as if performed by any other person 
authorized under the laws of the United States to perform such 
acts.

                   tax exempt status of the institute

    Sec. 8.\10\ (a) The Institute, its property, and its income 
are exempt from all taxation now or hereafter imposed by the 
United States (except to the extent that section 11(a)(3) of 
this Act requires the imposition of taxes imposed under chapter 
21 of the Internal Revenue Code of 1986,\11\ relating to the 
Federal Insurance Contributions Act) or by any State or local 
taxing authority of the United States.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 3307.
---------------------------------------------------------------------------
    (b) For purposes of the Internal Revenue Code of 1986,\11\ 
the Institute shall be treated as an organization described in 
sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a), 
and 2522(b).
---------------------------------------------------------------------------
    \11\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
---------------------------------------------------------------------------

  furnishing property and services to and obtaining services from the 
                               institute

    Sec. 9.\12\ (a) Any agency of the United States Government 
is authorized to sell, loan, or lease property (including 
interests therein) to, and to perform administrative and 
technical support functions and services for the operations of, 
the Institute upon such terms and conditions as the President 
may direct. Reimbursements to agencies under this subsection 
shall be credited to the current applicable appropriation of 
the agency concerned.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 3308.
---------------------------------------------------------------------------
    (b) Any agency of the United States Government is 
authorized to acquire and accept services from the Institute 
upon such terms and conditions as the President may direct. 
Whenever the President determines it to be in furtherance of 
the purposes of this Act, the procurement of services by such 
agencies from the Institute may be effected without regard to 
such laws of the United States normally applicable to the 
acquisition of services by such agencies as the President may 
specify by Executive order.
    (c) Any agency of the United States Government making funds 
available to the Institute in accordance with this Act shall 
make arrangements with the Institute for the Comptroller 
General of the United States to have access to the books and 
records of the Institute and the opportunity to audit the 
operations of the Institute.

                         taiwan instrumentality

    Sec. 10.\13\ (a) Whenever the President or any agency of 
the United States Government is authorized or required by or 
pursuant to the laws of the United States to render or provide 
to or to receive or accept from Taiwan, any performance, 
communication, assurance, undertaking, or other action, such 
action shall, in the manner and to the extent directed by the 
President, be rendered or provided to, or received or accepted 
from, an instrumentality established by Taiwan which the 
President determines has the necessary authority under the laws 
applied by the people on Taiwan to provide assurances and take 
other actions on behalf of Taiwan in accordance with this Act.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 3309.
---------------------------------------------------------------------------
    (b) The President is requested to extend to the 
instrumentality established by Taiwan the same number of 
offices and complement of personnel as were previously operated 
in the United States by the governing authorities on Taiwan 
recognized as the Republic of China prior to January 1, 1979.
    (c) Upon the granting by Taiwan of comparable privileges 
and immunities with respect to the Institute and its 
appropriate personnel, the President is authorized to extend 
with respect to the Taiwan instrumentality and its appropriate 
personnel, such privileges and immunities (subject to 
appropriate conditions and obligations) as may be necessary for 
the effective performance of their functions.

  separation of government personnel for employment with the institute

    Sec. 11.\14\ (a)(1) Under such terms and conditions as the 
President may direct, any agency of the United States 
Government may separate from Government service for a specified 
period any officer or employee of that agency who accepts 
employment with the Institute.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 3310.
---------------------------------------------------------------------------
    (2) An officer or employee separated by an agency under 
paragraph (1) of this subsection for employment with the 
Institute shall be entitled upon termination of such employment 
to reemployment or reinstatement with such agency (or a 
successor agency) in an appropriate position with the attendant 
rights, privileges, and benefits which the officer or employee 
would have had or acquired had he or she not been so separated, 
subject to such time period and other conditions as the 
President may prescribe.
    (3) An officer or employee entitled to reemployment or 
reinstatement rights under paragraph (2) of this subsection 
shall, while continuously employed by the Institute with no 
break in continuity of service, continue to participate in any 
benefit program in which such officer or employee was 
participating prior to employment by the Institute, including 
programs for compensation for job-related deaths, injury, or 
illness; programs for health and life insurance; programs for 
annual, sick, and other statutory leave; and programs for 
retirement under any system established by the laws of the 
United States; except that employment with the Institute shall 
be the basis for participation in such programs only to the 
extent that employee deductions and employer contributions, as 
required in payment for such participation for the period of 
employment with the Institute, are currently deposited in the 
program's or system's fund or depository. Death or retirement 
of any such officer or employee during approved service with 
the Institute and prior to reemployment or reinstatement shall 
be considered a death in or retirement from Government service 
for purposes of any employee or survivor benefits acquired by 
reason of service with any agency of the United States 
Government.
    (4) Any officer or employee of an agency of the United 
States Government who entered into service with the Institute 
on approved leave of absence without pay prior to the enactment 
of this Act shall receive the benefits of this section for the 
period of such service.
    (b) Any agency of the United States Government employing 
alien personnel on Taiwan may transfer such personnel, with 
accrued allowances, benefits, and rights, to the Institute 
without a break in service for purposes of retirement and other 
benefits, including continued participation in any system 
established by the laws of the United States for the retirement 
of employees in which the alien was participating prior to the 
transfer to the Institute, except that employment with the 
Institute shall be creditable for retirement purposes only to 
the extent that employee deductions and employer contributions, 
as required, in payment for such participation for the period 
of employment with the Institute, are currently deposited in 
the system's fund or depository.
    (c) Employees of the Institute shall not be employees of 
the United States and, in representing the Institute, shall be 
exempt from section 207 of title 18, United States Code.
    (d)(1) For purposes of sections 911 and 913 of the Internal 
Revenue Code of 1986,\11\ amounts paid by the Institute to its 
employees shall not be treated as earned income. Amounts 
received by employees of the Institute shall not be included in 
gross income, and shall be exempt from taxation, to the extent 
that they are equivalent to amounts received by civilian 
officers and employees of the Government of the United States 
as allowances and benefits which are exempt from taxation under 
section 912 of such Code.
    (2) Except to the extent required by subsection (a)(3) of 
this section, service performed in the employ of the Institute 
shall not constitute employment for purposes of chapter 21 of 
such Code and title II of the Social Security Act.

                         reporting requirement

    Sec. 12.\15\ (a) The Secretary of State shall transmit to 
the Congress the text of any agreement to which the Institute 
is a party. However, any such agreement the immediate public 
disclosure of which would, in the opinion of the President, be 
prejudicial to the national security of the United States shall 
not be so transmitted to the Congress but shall be transmitted 
to the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \16\ of the House of 
Representatives under an appropriate injunction of secrecy to 
be removed only upon due notice from the President.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 3311.
    \16\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (b) For purposes of subsection (a), the term ``agreement'' 
includes--
          (1) any agreement entered into between the Institute 
        and the governing authorities on Taiwan or the 
        instrumentality established by Taiwan; and
          (2) any agreement entered into between the Institute 
        and an agency of the United States Government.
    (c) Agreements and transactions made or to be made by or 
through the Institute shall be subject to the same 
congressional notification, review, and approval requirements 
and procedures as if such agreements and transactions were made 
by or through the agency of the United States Government on 
behalf of which the Institute is acting.
    (d) \17\ * * * [Repealed--1983]
---------------------------------------------------------------------------
    \17\ Sec. 1011(a)(3) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed 
subsec. (d). Subsec. (d) had required a report from the Secretary of 
State to the Congress every 6 months until April 1981 regarding the 
economic relations between the United States and Taiwan.
---------------------------------------------------------------------------

                         rules and regulations

    Sec. 13.\18\ The President is authorized to prescribe such 
rules and regulations as he may deem appropriate to carry out 
the purposes of this Act. During the three-year period 
beginning on the effective date of this Act, such rules and 
regulations shall be transmitted promptly to the Speaker of the 
House of Representatives and to the Committee on Foreign 
Relations of the Senate. Such action shall not, however, 
relieve the Institute of the responsibilities placed upon it by 
this Act.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 3312.
---------------------------------------------------------------------------

                        congressional oversight

    Sec. 14.\19\ (a) The Committee on Foreign Affairs \16\ of 
the House of Representatives, the Committee on Foreign 
Relations of the Senate, and other appropriate committees of 
the Congress shall monitor--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 3313.
---------------------------------------------------------------------------
          (1) the implementation of the provisions of this Act;
          (2) the operation and procedures of the Institute;
          (3) the legal and technical aspects of the continuing 
        relationship between the United States and Taiwan; and
          (4) the implementation of the policies of the United 
        States concerning security and cooperation in East 
        Asia.
    (b) Such committees shall report, as appropriate, to their 
respective Houses on the results of their monitoring.

                              definitions

    Sec. 15.\20\ For purposes of this Act--
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 3314.
---------------------------------------------------------------------------
          (1) the term ``laws of the United States'' includes 
        any statute, rule, regulation, ordinance, order, or 
        judicial rule of decision of the United States or any 
        political subdivision thereof; and
          (2) the term ``Taiwan'' includes, as the context may 
        require, the islands of Taiwan and the Pescadores, the 
        people on those islands, corporation and other entities 
        and associations created or organized under the laws 
        applied on those islands, and the governing authorities 
        on Taiwan recognized by the United States as the 
        Republic of China prior to January 1, 1979, and any 
        successor governing authorities (including political 
        subdivisions, agencies, and instrumentalities thereof).

                    authorization of appropriations

    Sec. 16.\21\ In addition to funds otherwise available to 
carry out the provisions of this Act, there are authorized to 
be appropriated to the Secretary of State for the fiscal year 
1980 such funds as may be necessary to carry out such 
provisions.\22\ Such funds are authorized to remain available 
until expended.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 3315.
    \22\ The Department of State Appropriations Act, 1986 (title III of 
Public Law 99-180; 99 Stat. 1150), provided $9,800,000 for necessary 
expenses to carry out this Act during fiscal year 1986. The Department 
of State Appropriations Act, 1987 (title III of Public Law 99-591; 100 
Stat. 3341), provided $9,379,000 for fiscal year 1987. The Department 
of State Appropriations Act, 1988 (title III of Public Law 100-202; 101 
Stat. 1329), provided $11,000,000 for fiscal year 1988. The Department 
of State Appropriations Act, 1989 (title III of Public Law 100-459; 102 
Stat. 2205), provided $10,890,000 for fiscal year 1989. The Department 
of State Appropriations Act, 1990 (title III of Public Law 101-162; 103 
Stat. 1007), provided $11,300,000 for fiscal year 1990. The Department 
of State Appropriations Act, 1991 (title III of Public Law 101-515; 104 
Stat. 2126), provided $11,752,000 for fiscal year 1991. The Department 
of State and Related Agencies Appropriations Act, 1992 (title V of 
Public Law 102-140; 105 Stat. 818), provided $13,784,000 for fiscal 
year 1992. The Department of State and Related Agencies Appropriations 
Act, 1993 (title V of Public Law 102-395; 106 Stat. 1866), provided 
$15,543,000 for fiscal year 1993. The Department of State and Related 
Agencies Appropriations Act, 1994 (title V of Public Law 103-121; 107 
Stat. 1186), provided $15,165,000 for fiscal year 1994. The Department 
of State and Related Agencies Appropriations Act, 1995 (title V of 
Public Law 103-317; 108 Stat. 1762), provided $15,465,000 for fiscal 
year 1995. The Department of State and Related Agencies Appropriations 
Act, 1996 (title IV of sec. 101 of title I of Public Law 104-134; 110 
Stat. 1321-38), provided $15,165,000 for fiscal year 1996. The 
Department of State and Related Agencies Appropriations Act, 1997 
(title V of sec. 101(a) of title I of Public Law 104-208; 110 Stat. 
3009), provided $14,490,000 for fiscal year 1997. The Department of 
State and Related Agencies Appropriations Act, 1998 (title IV of Public 
Law 105-119; 111 Stat. 2496), provided $14,000,000 for fiscal year 
1998. The Department of State and Related Agencies Appropriations Act, 
1999 (title IV of sec. 101(b) of Public Law 105-277; 112 Stat. 2681-
95), provided $14,750,000 for fiscal year 1999. The Department of State 
and Related Agency Appropriations Act, 2000 (title IV of H.R. 3421, 
enacted by reference in sec. 1000(a)(1) of Public Law 106-113; 113 
Stat. 1536), provided $15,375,000 for fiscal year 2000. The Department 
of State and Related Agency Appropriations Act, 2001 (title IV of H.R. 
5548, enacted by reference in sec. 1(a)(2) of Public Law 106-553; 114 
Stat. 2762A-92), provided $16,345,000 for fiscal year 2001.
---------------------------------------------------------------------------

                       severability of provisions

    Sec. 17.\23\ If any provision of this Act or the 
application thereof to any person or circumstance is held 
invalid, the remainder of the Act and the application of such 
provision to any other person or circumstance shall not be 
affected thereby.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 3316.
---------------------------------------------------------------------------

                             effective date

    Sec. 18. This Act shall be effective as of January 1, 1979.
       b. American Institute in Taiwan Facilities Enhancement Act

  Public Law 106-212 [H.R. 3707], 114 Stat. 332, approved May 26, 2000

AN ACT To authorize funds for the construction of a facility in Taipei, 
  Taiwan suitable for the mission of the American Institute in Taiwan.

    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 Institute in Taiwan 
Facilities Enhancement Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
          (1) in the Taiwan Relations Act of 1979 (22 U.S.C. 
        3301 et seq.), the Congress established the American 
        Institute in Taiwan (hereafter in this Act referred to 
        as ``AIT''), a nonprofit corporation incorporated in 
        the District of Columbia, to carry out on behalf of the 
        United States Government any and all programs, 
        transactions, and other relations with Taiwan;
          (2) the Congress has recognized AIT for the 
        successful role it has played in sustaining and 
        enhancing United States relations with Taiwan;
          (3) the Taipei office of AIT is housed in buildings 
        which were not originally designed for the important 
        functions that AIT performs, whose location does not 
        provide adequate security for its employees, and which, 
        because they are almost 50 years old, have become 
        increasingly expensive to maintain;
          (4) the aging state of the AIT office building in 
        Taipei is neither conducive to the safety and welfare 
        of AIT's American and local employees nor commensurate 
        with the level of contact that exists between the 
        United States and Taiwan;
          (5) AIT has made a good faith effort to set aside 
        funds for the construction of a new office building, 
        but these funds will be insufficient to construct a 
        building that is large and secure enough to meet AIT's 
        current and future needs; and
          (6) because the Congress established AIT and has a 
        strong interest in United States relations with Taiwan, 
        the Congress has a special responsibility to ensure 
        that AIT's requirements for safe and appropriate office 
        quarters are met.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized 
to be appropriated the sum of $75,000,000 to AIT--
          (1) for plans for a new facility and, if necessary, 
        residences or other structures located in close 
        physical proximity to such facility, in Taipei, Taiwan, 
        for AIT to carry out its purposes under the Taiwan 
        Relations Act; and
          (2) for acquisition by purchase or construction of 
        such facility, residences, or other structures.
    (b) Limitations.--Funds appropriated pursuant to subsection 
(a) may only be used if the new facility described in that 
subsection meets all requirements applicable to the security of 
United States diplomatic facilities, including the requirements 
in the Omnibus Diplomatic Security and Anti-Terrorism Act of 
1986 (22 U.S.C. 4801 et seq.) and the Secure Embassy 
Construction and Counterterrorism Act of 1999 (as enacted by 
section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-451), 
except for those requirements which the Director of AIT 
certifies to the Committee on International Relations of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate are not applicable on account of the special 
status of AIT. In making such certification, the Director shall 
also certify that security considerations permit the exercise 
of the waiver of such requirements.
    (c) Availability of Funds.--Amounts appropriated pursuant 
to subsection (a) are authorized to remain available until 
expended.
     c. Maintaining Unofficial Relations With the People of Taiwan

 Executive Order 13014, 61 F.R. 42963, August 15, 1996, 22 U.S.C. 3301 
                                  note

    In light of the recognition of the People's Republic of 
China by the United States of America as the sole legal 
government of China, and by the authority vested in me as 
President of the United States of America by the Taiwan 
Relations Act (Public Law 96-8, 22 U.S.C. 3301 et seq.) 
(``Act''), and section 301 of title 3, United States Code, in 
order to facilitate the maintenance of commercial, cultural, 
and other relations between the people of the United States and 
the people on Taiwan without official representation or 
diplomatic relations, it is hereby ordered as follows:

Section 1. Delegation and Reservation of Functions.

    1-101. Exclusive of the functions otherwise delegated, or 
reserved to the President by this order, there are delegated to 
the Secretary of State (``Secretary'') all functions conferred 
upon the President by the Act, including the authority under 
section 7(a) of the Act to specify which laws of the United 
states relative to the provision of consular services may be 
administered by employees of the American Institute on Taiwan 
(``Institute''). In carrying out these functions, the Secretary 
may redelegated his authority, and shall consult with other 
departments and agencies as he deems appropriate.
    1-102. There are delegated to the Director of the Office of 
Personnel Management the functions conferred upon the President 
by paragraphs (1) and (2) of section 11(a) of the Act. These 
functions shall be exercised in consultation with the 
Secretary.
    1-103. There are reserved to the President the functions 
conferred upon the President by section 3, the second sentence 
of section 9(b), and the determination specified in section 
10(a) of the Act.

Sec. 2. Specification of Laws and Determinations.

    2-201. Pursuant to section 9(b) of the Act, and in 
furtherance of the purposes of the Act, the procurement of 
services may be effected by the Institute without regard to the 
following provisions of law and limitations of authority as 
they may be amended from time to time:
          (a) Sections 1301(d) and 1341 of title 31, United 
        States Code, and section 3732 of the Revised Statutes 
        (41 U.S.C. 11) to the extent necessary to permit the 
        indemnification of contractors against unusually 
        hazardous risks, as defined in Institute contracts, 
        consistent, to the extent practicable, with section 
        52.228-7 of the Federal Acquisition Regulations;
          (b) Section 3324 of title 31, United States Code;
          (c) Sections 3709, 3710, and 3735 of the Revised 
        Statutes, as amended (41 U.S.C. 5, 8, and 13);
          (d) Section 2 of title III of the Act of March 3, 
        1933 (41 U.S.C. 10a);
          (e) Title III of the Federal Property and 
        Administrative Services Act of 1949, as amended (41 
        U.S.C. 251-260);
          (f) The Contract Disputes Act of 1978, as amended (41 
        U.S.C. 601-613);
          (g) Chapter 137 of title 10, United States Code (10 
        U.S.C. 2301-2316);
          (h) The Act of May 11, 1954 (the ``Anti-Wunderlich 
        Act'') (41 U.S.C. 321, 322); and
          (i) Section (f) of 41 U.S.C. 423.
    2-202. (a) With respect to cost-type contracts with the 
Institute under which no fee is charged or paid, amendments and 
modifications of such contracts may be made with or without 
consideration and may be utilized to accomplish the same things 
as any original contract could have accomplished, irrespective 
of the time or circumstances of the making, or the form of the 
contract amended or modified, or of the amending or modifying 
contract and irrespective of rights that may have accrued under 
the contractor, the amendments or modifications thereof.
    (b) With respect to contracts heretofore or hereafter made 
under the Act, other than those described in subsection (a) of 
this section, amendments and modifications of such contracts 
may be made with or without consideration and may be utilized 
to accomplish the same things as any original contract could 
have accomplished, irrespective of the time or circumstances of 
the making, or the form of the contract amended or modified, or 
of the amending or modifying contract, and irrespective of 
rights that may have accrued under the contract or the 
amendments or modifications thereof, if the Secretary 
determines in each case that such action is necessary to 
protect the foreign policy interests of the United States.
    2-203. Pursuant to section 10(a) of the Act, the Taipei 
Economic and Cultural Representative Office of the United 
States (``TECRO''), formerly the Coordination Council for North 
American Affairs (``CCNAA''), is determined to be the 
instrumentality established by the people on Taiwan having the 
necessary authority under the laws applied by the people on 
Taiwan to provide assurances and take other actions on behalf 
of Taiwan in accordance with the Act. Nothing contained in this 
determination or order shall affect, or be construed to affect, 
the continued validity of agreements, contracts, or other 
undertakings, of whatever kind or nature, entered into 
previously by CCNAA.

Sec. 3. President's Memorandum of December 30, 1978.

    3-301. Agreements and arrangements referred to in paragraph 
(B) of President Carter's memorandum of December 30, 1978, 
entitled ``Relations With the People on Taiwan'' (44 F.R. 1075) 
shall, unless otherwise terminated or modified in accordance 
with law, continue in force and be performed in accordance with 
the Act and this order.

Sec. 4. General. This order supersedes Executive Order No. 12143 of 
        June 22, 1979.\1\


---------------------------------------------------------------------------
    \1\ 44 F.R. 37191.
                            8. Panama Canal

                    a. Panama Canal Act of 1979 \1\

Partial text of Public Law 96-70 [H.R. 111], 93 Stat. 452, approved 
    September 27, 1979; as amended by Public Law 98-217 [H.R. 3969], 98 
    Stat. 9, approved February 14, 1984; Public Law 98-600 [H.R. 6101], 
    98 Stat. 3145, approved October 30, 1984; Public Law 99-195 [H.R. 
    664], 99 Stat. 1349, approved December 23, 1985; Public Law 99-209 
    [Panama Canal Amendments Act of 1985, H.R. 729], 99 Stat. 1716, 
    approved December 23, 1985; Public Law 99-223 [Panama Canal 
    Commission Authorization Act, Fiscal Year 1986; H.R. 1784], 99 
    Stat. 1738, approved December 28, 1985; Public Law 99-368 [Panama 
    Canal Commission Authorization Act, Fiscal Year 1987; H.R. 4409], 
    100 Stat. 775, approved August 1, 1986; Public Law 100-203 [Omnibus 
    Budget Reconciliation Act of 1987, H.R. 3545], 101 Stat. 1330, 
    approved December 22, 1987; Public Law 100-705 [Panama Canal 
    Commission Compensation Fund Act of 1988, H.R. 5287], 102 Stat. 
    4685, approved November 19, 1988; Public Law 101-510 [National 
    Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104 
    Stat. 1485, approved November 5, 1990; Public Law 102-484 [National 
    Defense Authorization Act for Fiscal Year 1993, H.R. 5006], 106 
    Stat. 2315, approved October 23, 1992; Public Law 103-160 [National 
    Defense Authorization Act for Fiscal Year 1994, H.R. 2401], 107 
    Stat. 1547, approved November 30, 1993; Public Law 103-416 
    [Immigration and Nationality Technical Corrections Act of 1994; 
    H.R. 783], 108 Stat. 4305, approved October 25, 1994; Public Law 
    103-337 [National Defense Authorization Act for Fiscal Year 1995; 
    S. 2182], 108 Stat. 2663, approved October 5, 1994; Public Law 103-
    416 [Immigration and Nationality Corrections Act of 1994; H.R. 
    783], 108 Stat. 4305, approved October 25, 1994; Public Law 104-66 
    [Federal Reports Elimination and Sunset Act of 1995; S. 790], 109 
    Stat. 707, approved December 21, 1995; Public Law 104-99 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1996, H.R. 1868, enacted by reference in sec. 301 of Public 
    Law 104-99; H.R. 2880], 110 Stat. 26, approved January 26, 1996, 
    enacted again as Public Law 104-107 [H.R. 1868], 110 Stat. 755, 
    approved February 12, 1996; Public Law 104-106 [National Defense 
    Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, 
    approved February 10, 1996; Public Law 104-201 [National Defense 
    Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, 
    approved September 23, 1996; Public Law 105-85 [National Defense 
    Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, 
    approved November 18, 1997; Public Law 105-261 [Strom Thurmond 
    National Defense Authorization Act for Fiscal Year 1999; H.R. 
    3616], 112 Stat. 1920, approved October 17, 1998; Public Law 106-65 
    [National Defense Authorization Act for Fiscal Year 2000; S. 1059], 
    113 Stat. 512, approved October 5, 1999
---------------------------------------------------------------------------
    \1\ For text of the Panama Canal Treaty, the document that this 
legislation implemented, see Legislation on Foreign Relations, vol. V, 
sec. G.
    Sec. 3504(b) of the Panama Canal Commission Authorization Act for 
Fiscal Year 2000 (title XXXV of Public Law 106-65; 113 Stat. 975) 
provided the following:
    ``(b) Operation of the Office of Transition Administration.--
---------------------------------------------------------------------------

          ``(1) In general.--The Panama Canal Act of 1979 (22 U.S.C. 
        3601 et seq.) shall continue to govern the Office of Transition 
        Administration until October 1, 2004.
          ``(2) Procurement.--For purposes of exercising authority 
        under the procurement laws of the United States, the director 
        of the Office of Transition Administration shall have the 
        status of the head of an agency.
          ``(3) Offices.--The Office of Transition Administration shall 
        have offices in the Republic of Panama and in the District of 
        Columbia. Section 1110(b)(1) of the Panama Canal Act of 1973 
        (22 U.S.C. 3620(b)(1)) does not apply to such office in the 
        Republic of Panama.
          ``(4) Office of transition administration defined.--In this 
        subsection the term `Office of Transition Administration' means 
        the office established under section 1305 of the Panama Canal 
        Act of 1979 (22 U.S.C. 3714a) to close out the affairs of the 
        Panama Canal Commission.
          ``(5) Effective date.--This subsection shall be effective on 
        and after the termination of the Panama Canal Treaty of 
        1977.''.

AN ACT To provide for the operation and maintenance of the Panama Canal 
        under the Panama Treaty of 1977, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Panama Canal Act 
of 1979''.
---------------------------------------------------------------------------
    \2\ Sec. 3548(d) of Public Law 104-201 (110 Stat. 2869) made 
numerous changes to the table of contents, to reflect amendments to the 
text of the Act. The table of contents was also amended by secs. 
3522(b), 3524(b), and 3526(b) of Public Law 104-106 (110 Stat. 638, 
640, 641).
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                          TABLE OF CONTENTS \2\

                                                                    Page

Sec. 1. Short title...............................................  2135
Sec. 2. Statement of purpose......................................  2137
Sec. 3. Definitions...............................................  2137

                 TITLE I--ADMINISTRATION AND REGULATIONS

                   Chapter 1--Panama Canal Commission

Sec. 1101. Establishment, Purposes, Offices, and Residence of 
    Commission....................................................  2139
Sec. 1102. Supervisory Board......................................  2139
Sec. 1102a. General powers of Commission..........................  2141
Sec. 1102b. Specific powers of Commission.........................  2142
Sec. 1103. Administrator..........................................  2143
Sec. 1104. Deputy Administrator...................................  2144
Sec. 1105. Consultative Committee.................................  2144
Sec. 1106. Joint Commission on the Environment....................  2144
Sec. 1107. Travel expenses........................................  2145
Sec. 1108. Defense of the Panama Canal............................  2145
Sec. 1109. Joint Sea Level Canal Study Committee..................  2146
Sec. 1110. Authority of the Ambassador............................  2146
Sec. 1111. Security legislation...................................  2147
Sec. 1112. Code of Conduct for Commission personnel...............  2147
Sec. 1113. Office of Ombudsman....................................  2148

                          Chapter 2--Employees

             Subchapter I--Panama Canal Commission Personnel

Sec. 1201. Definitions............................................  2149
Sec. 1202. Appointment and compensation; duties...................  2149
Sec. 1203. Transfer of Federal employees..........................  2150
Sec. 1204. Compensation of individuals in the uniformed services..  2150
Sec. 1205. Deduction from basic pay of amounts due for supplies or 
    services......................................................  2151
Sec. 1208. Privileges and immunities of certain employees.........  2151
Sec. 1209. Applicability of certain benefits......................  2151

              Subchapter II--Wage and Employment Practices

Sec. 1210. Air transportation.....................................  2152
Sec. 1211. Definitions............................................  2152
Sec. 1212. Panama Canal Employment System; merit and other 
    employment requirements.......................................  2152
Sec. 1213. Employment standards...................................  2154
Sec. 1216. Uniform application of standards and rates.............  2154
Sec. 1217. Recruitment and retention remuneration.................  2154
Sec. 1217a. Quarters allowances...................................  2155
Sec. 1218. Benefits based on basic pay............................  2156
Sec. 1220. Review and adjustment of classifications, grades, and 
    pay level.....................................................  2157
Sec. 1221. Panama Canal Board of Appeals; duties..................  2157
Sec. 1222. Appeals to Board; procedure; finality of decisions.....  2157
Sec. 1224. Applicability of title 5, United States Code...........  2158

         Subchapter III--Conditions of Employment and Placement

Sec. 1231. Transferred on reemployed employees....................  2159
Sec. 1232. Placement..............................................  2161
Sec. 1233. Transition separation incentive payments...............  2162

                        Subchapter IV--Retirement

Sec. 1241. Early retirement eligibility...........................  2163
Sec. 1242. Early retirement computation...........................  2163
Sec. 1243. Retirement under special treaty provisions.............  2163
Sec. 1244. Obligation of Commission for unfunded liability........  2165
Sec. 1245. Administration of certain disability benefits..........  2165

                           Subchapter V--Leave

             Subchapter VI--Application to Related Personnel

Sec. 1261. Law enforcement; Canal Zone Civilian Personnel Policy 
    Coordinating Board; related employees.........................  2167

               Subchapter VII--Labor-Management Relations

Sec. 1271. Labor-management relations.............................  2168

                      Chapter 3--Funds and Accounts

                           Subchapter I--Funds

Sec. 1302. Panama Canal Revolving Fund............................  2170
Sec. 1303. Emergency authority....................................  2172
Sec. 1304. Borrowing authority....................................  2172
Sec. 1305. Dissolution of Commission..............................  2172
Sec. 1306. Printing...............................................  2174

              Subchapter II--Accounting Policies and Audits

Sec. 1311. Accounting policies....................................  2174
Sec. 1313. Audits.................................................  2175

                  Subchapter III--Interagency Accounts

Sec. 1321. Interagency services; reimbursements...................  2176

                      Subchapter IV--Postal Matters

Sec. 1331. Postal service.........................................  2178

           Subchapter V--Accounts With the Republic of Panama

Sec. 1341. Payment to the Republic of Panama......................  2178
Sec. 1342. Transactions with the Republic of Panama...............  2180
Sec. 1343. Disaster relief........................................  2180
Sec. 1344. Congressional restraints on property transfers and 
    expenditures..................................................  2180

          Chapter 4--Claims for Injuries to Persons or Property

                    Subchapter I--General Provisions

Sec. 1401. Settlement of claims generally.........................  2181

                      Subchapter II--Vessel Damage

Sec. 1411. Injuries in locks of Canal.............................  2182
Sec. 1412. Injuries outside locks.................................  2183
Sec. 1413. Measures of damages generally..........................  2183
Sec. 1414. Delays for which no responsibility is assumed..........  2184
Sec. 1415. Settlement of claims...................................  2184
Sec. 1416. Actions on claims......................................  2185
Sec. 1417. Investigation of accident or injury giving rise to 
    claim.........................................................  2186
Sec. 1418. Board of Local Inspectors..............................  2186
Sec. 1419. Insurance..............................................  2186

                       Chapter 5--Public Property

Sec. 1501. Assets and liabilities of Panama Canal Company.........  2187
Sec. 1502. Transfers and cross-servicing between agencies.........  2187
Sec. 1503. Disposition of property of the United States...........  2187
Sec. 1504. Transfer of property to Panama.........................  2188

              Chapter 6--Tolls for Use of the Panama Canal

Sec. 1601. Prescription of measurement rules and rates of tolls...  2188
Sec. 1602. Bases of tolls.........................................  2188
Sec. 1603. Calculation of interest................................  2189
Sec. 1604. Procedures.............................................  2190

                     Chapter 7--General Regulations

                   Chapter 8--Shipping and Navigation

                    Subchapter I--Operation of Canal

Sec. 1801. Operating regulations..................................  2192

                  Subchapter II--Inspection of Vessels

Sec. 1811. Vessels subject to inspection..........................  2192
Sec. 1812. Foreign vessels........................................  2192
Sec. 1813. Regulations governing inspection.......................  2193

                      TITLE III--GENERAL PROVISIONS

                         Chapter 1--Procurement

Sec. 3101. Procurement system.....................................  2193
Sec. 3102. Panama Canal board of contract appeals.................  2194

                         Chapter 2--Immigration

Sec. 3201. Special immigrants.....................................  2195

  Chapter 3--Reports; Amendments; Repeals and Redesignation; Effective 
                                  Date

Sec. 3301. Report.................................................  2195
Sec. 3302. Exemption from Metric Conversion Act of 1975...........  2196
Sec. 3303. Repeals and redesignation..............................  2196
Sec. 3304. Effective date.........................................  2196

                          statement of purpose

    Sec. 2.\3\ It is the purpose of this Act to provide 
legislation necessary or desirable for the implementation of 
the Panama Canal Treaty of 1977 between the United States of 
America and the Republic of Panama and of the related 
agreements accompanying that Treaty.
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    \3\ 22 U.S.C. 3601.
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                            definitions \4\

    Sec. 3.\5\ (a) For purposes of this Act--
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    \4\ Sec. 3548(c)(1) of Public Law 104-201 (110 Stat. 2869) struck 
out ``definitions and recommendation for legislation'' and inserted in 
lieu thereof ``definitions''.
    \5\ 22 U.S.C. 3602. Sec. 3522(2) of Public Law 104-201 (110 Stat. 
2860) struck out subsec. (d) to this section, which had read as 
follows:
    ``(d) The President shall, within two years after the Panama Canal 
Treaty of 1977 enters into force, submit to the Congress a request for 
legislation which would--
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          ``(1) amend or repeal provisions of law which in their 
        present form are applicable only during the transition period 
        prescribed in Article XI of that Treaty.

                  ``(2) repeal the Canal Zone Code, and
                  ``(3) contain provisions considered necessary and 
                appropriate in light of the experience as of that time 
                under that Treaty.''.
          (1) references to the Panama Canal Treaty of 1977 
        refer to the Panama Canal Treaty between the United 
        States of America and the Republic of Panama, signed 
        September 7, 1977; and
          (2) references to the Panama Canal Treaty of 1977 and 
        related agreements refer to the Panama Canal Treaty of 
        1977, the agreements relating to and implementing that 
        Treaty, signed September 7, 1977; and the Agreement 
        Between the United States of America and the Republic 
        of Panama Concerning Air Traffic Control and Related 
        Services, concluded January 8, 1979.
    (b) Subject to the provisions of subsection (c) of this 
section, for purposes of applying laws of the United States and 
regulations issued pursuant to such laws \6\ with respect to 
transactions, occurrences, or status on or after October 1, 
1979--\7\
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    \6\ Sec. 3550(d)(1) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2074) 
struck out ``the Canal Zone Code or other laws of the United States and 
regulations issued pursuant to such Code or other laws'' and inserted 
in lieu thereof ``laws of the United States and regulations issued 
pursuant to such laws''.
    \7\ Sec. 3550(d)(2)(A) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``the effective date of this Act'' and inserted in 
lieu thereof ``October 1, 1979''.
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          (1) ``Canal Zone'' shall be deemed to refer to the 
        areas and installations in the Republic of Panama made 
        available to the United States pursuant to the Panama 
        Canal Treaty of 1977 and related agreements;
          (2) ``Canal Zone waters'' and ``waters of the Canal 
        Zone'' shall be deemed to refer to ``Panama Canal 
        waters'' and ``waters of the Panama Canal'', 
        respectively;
          (3) ``Government of the Canal Zone'' or ``Canal Zone 
        Government'' shall be deemed to refer to the United 
        States of America;
          (4) ``Governor of the Canal Zone'' or ``Governor'', 
        wherever the reference is to the Governor of the Canal 
        Zone, shall be deemed to refer to the Panama Canal 
        Commission; and \8\
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    \8\ Sec. 3522(1) of Public Law 104-201 (110 Stat. 2860) inserted 
``and'' after the semicolon at the end of paragraph (4), struck the 
semicolon at the end of paragraph (5) and inserted a period, and struck 
paragraphs (6) and (7), which had read as follows:
    ``(6) in chapter 57 of title 5 of the Canal Zone, `hospitals' and 
`health Bureau' shall be deemed to refer, respectively, to the 
hospitals operated by the United States in the Republic of Panama, and 
to the organizational unit operating such hospitals; and
    ``(7) in chapter 57 of title 5 of the Canal Zone Code, in section 
4784 of title 6 of such Code, and in section 2 of title 7 of such Code, 
`health director' shall be deemed to refer to the senior official in 
charge of the hospitals operated by the United States in the Republic 
of Panama.''.
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          (5) ``Panama Canal Company'' or ``Company'', wherever 
        the reference is to the Panama Canal Company, shall be 
        deemed to refer to the Panama Canal Commission.\8\
    (c) Any reference set forth in subsection (b) of this 
section shall apply except as otherwise provided in this Act or 
unless (1) such reference is inconsistent with the provisions 
of this Act, (2) in the context in which a term is used such 
reference is clearly not intended, or (3) a term refers to a 
time before October 1, 1979.\9\
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    \9\ Sec. 3550(d)(2)(A) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``the effective date of this Act'' and inserted in 
lieu thereof ``October 1, 1979''.
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    (d) \10\ For purposes of this Act:
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    \10\ Sec. 3512 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2063) 
added subsec. (d).
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          (1) The term ``Canal Transfer Date'' means December 
        31, 1999, such date being the date specified in the 
        Panama Canal Treaty of 1977 for the transfer of the 
        Panama Canal from the United States of America to the 
        Republic of Panama.
          (2) The term ``Panama Canal Authority'' means the 
        entity created by the Republic of Panama to succeed the 
        Panama Canal Commission as of the Canal Transfer Date.

                TITLE I--ADMINISTRATION AND REGULATIONS

                   Chapter 1--Panama Canal Commission

     establishment, purposes, offices, and residence of commission

    Sec. 1101.\11\ (a) For the purposes of managing, operating, 
and maintaining the Panama Canal and its complementary works, 
installations and equipment, and of conducting operations 
incident thereto, in accordance with the Panama Canal Treaty of 
1977 and related agreements, the Panama Canal Commission 
(hereinafter in this Act referred to as the ``Commission'') is 
established as a wholly owned government corporation (as that 
term is used in chapter 91 of title 31, United States Code) 
within the executive branch of the Government of the United 
States. The authority of the President with respect to the 
Commission shall be exercised through the Secretary of Defense.
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    \11\ 22 U.S.C. 3611. Sec. 3522(a) of Public Law 104-106 (110 Stat. 
638) amended and restated sec. 1101.
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    (b) The principal office of the Commission shall be located 
in the Republic of Panama in one of the areas made available 
for use of the United States under the Panama Canal Treaty of 
1977 and related agreements, but the Commission may establish 
branch offices in such other places as it considers necessary 
or appropriate for the conduct of its business. Within the 
meaning of the laws of the United States relating to venue in 
civil actions, the Commission is an inhabitant and resident of 
the District of Columbia and the eastern judicial district of 
Louisiana.

                           supervisory board

    Sec. 1102.\12\ (a) \13\ The Commission shall be supervised 
by a Board composed of nine members, one of whom shall be an 
officer of the Department of Defense. The officer of the 
Department of Defense who shall serve on the Board shall be 
designated by the Secretary of Defense and may continue to 
serve on the Board only while continuing to serve as an officer 
of the Department of Defense.\14\ Not less than five members of 
the Board shall be nationals of the United States and the 
remaining members of the Board shall be nationals of the 
Republic of Panama. Three members of the Board who are 
nationals of the United States shall hold no other office in, 
and shall not be employed by, the Government of the United 
States, and shall be chosen for the independent perspective 
they can bring to the Commission's affairs. Members of the 
Board who are nationals of the United States shall cast their 
votes as directed by the officer of the Department of Defense 
designated by the Secretary of Defense to be a member of the 
Board.\15\
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    \12\ 22 U.S.C. 3612.
    \13\ Sec. 3523 of Public Law 104-106 (110 Stat. 638) amended and 
restated subsec. 1102(a).
    \14\ Sec. 3511(a)(1) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2270) struck out ``The Commission shall be supervised by a Board 
composed of nine members, one of whom shall be the Secretary of Defense 
or an officer of the Department of Defense designated by the 
Secretary.'' and inserted in lieu thereof ``The Commission shall be 
supervised by a Board composed of nine members, one of whom shall be an 
officer of the Department of Defense. The officer of the Department of 
Defense who shall serve on the Board shall be designated by the 
Secretary of Defense and may continue to serve on the Board only while 
continuing to serve as an officer of the Department of Defense.''
    \15\ Sec. 3511(a)(2) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2270) struck out ``Secretary of Defense or a designee of the Secretary 
of Defense'' and inserted in lieu thereof ``the officer of the 
Department of Defense designated by the Secretary of Defense to be a 
member of the Board''.
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    (b) The President shall appoint the members of the Board. 
The members of the Board who are United States nationals shall 
be appointed by and with the advice and consent of the Senate. 
Each member of the Board shall hold office at the pleasure of 
the President and, before assuming the duties of such office, 
shall take an oath to discharge faithfully the duties of his 
office. Members of the Board shall serve without compensation 
but shall be allowed travel or transportation expenses, 
including per diem in lieu of subsistence, in accordance with 
section 1107 of this Act, except that, in addition to such 
travel or transportation expenses, members of the Board who 
hold no other office with either the Government of the United 
States or the Republic of Panama for which they receive pay are 
authorized to be compensated at the daily equivalent of the 
annual rate of basic pay in effect for level V of the Executive 
Schedule under section 5316 \16\ of title 5, United States 
Code, for each day during which they are traveling to or from 
or attending meetings of the Board as provided in subsection 
(c) of this section \17\ or, as authorized by the Chairman of 
the Board, while on official Panama Canal Commission 
business.\18\
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    \16\ Sec. 3504 of Public Law 101-510 (104 Stat. 1846) struck out 
``grade GS-18 of the General Schedule under section 5332'' and inserted 
in lieu thereof ``level V of the Executive Schedule under section 
5316''.
    The rate of pay for level V of the Executive Schedule was set at 
$114,500 per annum by Schedule 5 of Executive Order 13144 (December 21, 
1999; 64 F.R. 72237).
    \17\ Sec. 6 of the Panama Canal Commission Authorization Act, 
Fiscal Year 1986 (Public Law 99-223; 99 Stat. 1740) added text to this 
point beginning with ``, except that * * *''. See previous note.
    \18\ The words beginning ``or, as authorized'' and ending at this 
point were added by sec. 5416 of title V of the Omnibus Budget 
Reconciliation Act of 1987 (Public Law 100-203; 101 Stat. 1330-270).
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    (c) The Board shall hold meetings as provided in 
regulations adopted by the Commission and approved by the 
Secretary of Defense. A quorum for the transaction of business 
shall consist of a majority of the Board members of which a 
majority of those present are nationals of the United States. 
The Secretary of Defense, or the officer of the Department of 
Defense designated by the Secretary under subsection (a) of 
this section, may act by proxy for any other member of the 
Board if that other member authorizes the proxy in writing and 
signs the proxy.\19\ The proxy may be counted to establish a 
quorum and may be used by the Secretary of Defense, or the 
officer of the Department of Defense designated by the 
Secretary under subsection (a) of this section, to cast the 
vote of the absent Board member and to act for that member with 
all the powers that member would possess if present.\20\
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    \19\ Sec. 7 of Public Law 100-705 (102 Stat. 4686) struck out at 
this point the sentence: ``Only one proxy may be valid at any one 
time.''.
    \20\ Public Law 98-217 (98 Stat. 9) added sentences three, four, 
and five of subsec. (c).
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                      general powers of commission

    Sec. 1102a.\21\ (a) The Commission may adopt, alter, and 
use a corporate seal, which shall be judicially noticed.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 3612a. Sec. 3524(a) of Public Law 104-106 (110 Stat. 
639) added secs. 1102a and 1102b.
---------------------------------------------------------------------------
    (b) The Commission may by action of the Board of Directors 
adopt, amend, and repeal bylaws governing the conduct of its 
general business and the performance of the powers and duties 
granted to or imposed upon it by law.
    (c) The Commission may sue and be sued in its corporate 
name, except that--
          (1) the amenability of the Commission to suit is 
        limited by Article VIII of the Panama Canal Treaty of 
        1977, section 1401 of this Act, and otherwise by law;
          (2) an attachment, garnishment, or similar process 
        may not be issued against salaries or other moneys owed 
        by the Commission to its employees except as provided 
        by section 5520a of title 5, United States Code, and 
        sections 459, 461, and 462 of the Social Security Act 
        (42 U.S.C. 659, 661, 662), or as otherwise specifically 
        authorized by the laws of the United States; and
          (3) the Commission is exempt from the payment of 
        interest on claims and judgments.
    (d) The Commission may enter into contracts, leases, 
agreements, or other transactions.
    (e) The Commission--
          (1) may determine the character of, and necessity 
        for, its obligations and expenditures and the manner in 
        which they shall be incurred, allowed, and paid; and
          (2) may incur, allow, and pay its obligations and 
        expenditures, subject to pertinent provisions of law 
        generally applicable to Government corporations.
    (f) The Commission shall have the priority of the 
Government of the United States in the payment of debts out of 
bankrupt estates.
    (g) \22\ (1) The Commission may appoint any United States 
citizen to have the general powers of a notary public to 
perform, on behalf of Commission employees and their dependents 
outside the United States, any notarial act that a notary 
public is required or authorized to perform within the United 
States. Unless an earlier expiration is provided by the terms 
of the appointment, any such appointment shall expire three 
months after the Canal Transfer Date.
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    \22\ Sec. 3546 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2073) 
redesignated subsec. (g) as subsec. (h), and added a new subsec. (g).
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    (2) Every notarial act performed by a person acting as a 
notary under paragraph (1) shall be as valid, and of like force 
and effect within the United States, as if executed by or 
before a duly authorized and competent notary public in the 
United States.
    (3) The signature of any person acting as a notary under 
paragraph (1), when it appears with the title of that person's 
office, is prima facie evidence that the signature is genuine, 
that the person holds the designated title, and that the person 
is authorized to perform a notarial act.
    (h) \22\ The authority of the Commission under this section 
and section 1102b \23\ is subject to the Panama Canal Treaty of 
1977 and related agreements, and to chapter 91 of title 31, 
United States Code.
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    \23\ Sec. 3550(d)(3) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``section 1102B'' and inserted in lieu thereof 
``section 1102b''.
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                     specific powers of commission

    Sec. 1102b.\24\ (a) The Commission may manage, operate, and 
maintain the Panama Canal.
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 3612b. Sec. 3524(a) of Public Law 104-106 (110 Stat. 
639) added secs. 1102a and 1102b.
---------------------------------------------------------------------------
    (b) The Commission may construct or acquire, establish, 
maintain, and operate such activities, facilities, and 
appurtenances as necessary and appropriate for the 
accomplishment of the purposes of this Act, including the 
following:
          (1) Docks, wharves, piers, and other shoreline 
        facilities.
          (2) Shops and yards.
          (3) Marine railways, salvage and towing facilities, 
        fuel-handling facilities, and motor transportation 
        facilities.
          (4) Power systems, water systems, and a telephone 
        system.
          (5) Construction facilities.
          (6) Living quarters and other buildings.
          (7) Warehouses, storehouses, a printing plant, and 
        manufacturing, processing, or service facilities in 
        connection therewith.
          (8) Recreational facilities.
    (c) The Commission may use the United States mails in the 
same manner and under the same conditions as the executive 
departments of the Federal Government.
    (d) The Commission may take such actions as are necessary 
or appropriate to carry out the powers specifically conferred 
upon it.
    (e) \25\ The Commission may conduct and promote commercial 
activities related to the management, operation, or maintenance 
of the Panama Canal. Any such commercial activity shall be 
carried out consistent with the Panama Canal Treaty of 1977 and 
related agreements.
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    \25\ Sec. 3547 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2073) 
added subsec. (e).
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    (f) \26\ (1) The Commission may seek and accept donations 
of funds, property, and services from individuals, foundations, 
corporations, and other private and public entities for the 
purpose of carrying out its promotional activities.
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    \26\ Sec. 3505 of the Panama Canal Commission Authorization Act for 
Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2268) 
added subsec. (f).
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    (2) The Commission shall establish written guidelines 
setting forth the criteria to be used in determining whether 
the acceptance of funds, property, or services authorized by 
paragraph (1) would reflect unfavorably upon the ability of the 
Commission (or any employee of the Commission) to carry out its 
responsibilities or official duties in a fair and objective 
manner or would compromise the integrity or the appearance of 
the integrity of its programs or of any official in those 
programs.

                             administrator

    Sec. 1103.\27\ (a) There shall be an Administrator of the 
Commission who shall be appointed by the President, by and with 
the advice and consent of the Senate, and shall hold office at 
the pleasure of the President.
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 3613. Sec. 3523(a) of Public Law 104-201 (110 Stat. 
2860) amended and restated sec. 1103. The section formerly read as 
follows:
    ``Sec. 1103. There shall be an Administrator of the Commission, who 
shall be appointed by the President, by and with the advice and consent 
of the Senate, and shall hold office at the pleasure of the 
President.''.
    Sec. 3523(b) of Public Law 104-201 provided the following:
    ``(b) Savings Provisions.--Nothing in this section (or section 
3549(3)) shall be considered to affect--
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          ``(1) the tenure of the individual serving as Administrator 
        of the Commission on the day before subsection (a) takes 
        effect; or
          ``(2) until modified under section 1103(b) of the Panama 
        Canal Act of 1979, as amended by subsection (a), the 
        compensation of the individual so serving.''.
    (b) The Administrator shall be paid compensation in an 
amount, established by the Board, not to exceed level III of 
the Executive Schedule.
    (c) \28\ The Congress consents, for purposes of the 8th 
clause of article I, section 9 of the Constitution of the 
United States, to the acceptance by the individual serving as 
Administrator of the Commission of appointment by the Republic 
of Panama to the position of Administrator of the Panama Canal 
Authority. Such consent is effective only if that individual, 
while serving in both such positions, serves as Administrator 
of the Panama Canal Authority without compensation, except for 
payments by the Republic of Panama of travel and entertainment 
expenses, including per diem payments.
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    \28\ Sec. 3521(a) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2063) 
added subsec. (c).
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    (d) \29\ If before the Canal Transfer Date the Republic of 
Panama appoints as the Administrator of the Panama Canal 
Authority the individual serving as the Administrator of the 
Commission and if that individual accepts the appointment--
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    \29\ Sec. 3521(b) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2063) 
added subsec. (d).
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          (1) during any period during which that individual 
        serves as both Administrator of the Commission and the 
        Administrator of the Panama Canal Authority--
                  (A) the Foreign Agents Registration Act of 
                1938, as amended (22 U.S.C. 611 et seq.), shall 
                not apply to that individual with respect to 
                service as the Administrator of the Panama 
                Canal Authority;
                  (B) that individual, with respect to 
                participation in any particular matter as the 
                Administrator of the Panama Canal Commission, 
                is not subject to section 208(a) of title 18, 
                United States Code, insofar as that section 
                would otherwise apply to that matter only 
                because the matter will have a direct and 
                predictable effect on the financial interest of 
                the Panama Canal Authority;
                  (C) that individual is not subject to 
                sections 203 and 205 of title 18, United States 
                Code, with respect to official acts performed 
                as an agent or attorney for or otherwise 
                representing the Panama Canal Authority; and
                  (D) that individual is not subject to 
                sections 501(a) and 502(a)(4) of the Ethics in 
                Government Act of 1978 (5 U.S.C. App.), with 
                respect to compensation received for, and 
                service in, the position of Administrator of 
                the Panama Canal Authority; and
          (2) effective upon termination of the individual's 
        appointment as Administrator of the Panama Canal 
        Commission at noon on the Canal Transfer Date, that 
        individual is not subject to section 207 of title 18, 
        United States Code, with respect to acts done in 
        carrying out official duties as Administrator of the 
        Panama Canal Authority.

                          deputy administrator

    Sec. 1104.\30\ (a) There shall be a Deputy Administrator of 
the Commission who shall be appointed by the President. The 
Deputy Administrator shall perform such duties as may be 
prescribed by the Board.
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    \30\ 22 U.S.C. 3614. Sec. 3524(a) of Public Law 104-201 (110 Stat. 
2860) amended and restated sec. 1104, which formerly also provided for 
appointment of a chief engineer. Sec. 3524(b) of Public Law 104-201 
also stated:
    ``(b) Savings Provisions.--Nothing in this section shall be 
considered to affect--
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          ``(1) the tenure of the individual serving as Deputy 
        Administrator of the Commission on the day before subsection 
        (a) takes effect; or
          ``(2) until modified under section 1104(b) of the Panama 
        Canal Act of 1979, as amended by subsection (a), the 
        compensation of the individual so serving.''.
    (b) The Deputy Administrator shall be paid compensation at 
a rate of pay, established by the Board, which does not exceed 
the rate of basic pay in effect for level IV of the Executive 
Schedule, and, if eligible, shall be paid the overseas 
recruitment and retention differential provided for in section 
1217 of this Act.

                         consultative committee

    Sec. 1105.\31\ (a) The President shall designate, and the 
Secretary of State shall coordinate the participation of, 
representatives of the United States to the Consultative 
Committee to be established under paragraph 7 of Article III of 
the Panama Canal Treaty of 1977.
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 3615.
---------------------------------------------------------------------------
    (b) The Consultative Committee shall function as a 
diplomatic forum for the exchange of views between the United 
States and the Republic of Panama. The Committee shall advise 
the United States Government and the Government of the Republic 
of Panama on matters of policy affecting the operation of the 
Panama Canal. The Committee shall have no authority to direct 
the Commission or any other department or agency of the United 
States to initiate or withhold action.

                  joint commission on the environment

    Sec. 1106.\32\ (a) The United States and the Republic of 
Panama, in accordance with the Panama Canal Treaty of 1977, 
shall establish a Joint Commission on the Environment 
(hereinafter in this section referred to as the ``Joint 
Commission'') to be composed of not more than three 
representatives of the United States and three representatives 
of the Republic of Panama, or such other equivalent numbers of 
representatives as may be agreed upon by the Governments of the 
two countries. The United States members of the Joint 
Commission shall periodically review the implementation of the 
Panama Canal Treaty of 1977 with respect to its impact on the 
environment and shall, jointly with the representatives of the 
Government of Panama, make recommendations to the United States 
Government and the Government of the Republic of Panama with 
respect to ways to avoid or mitigate adverse environmental 
impacts resulting from actions taken pursuant to such Treaty.
---------------------------------------------------------------------------
    \32\ 22 U.S.C. 3616.
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    (b) Representatives of the United States on the Joint 
Commission shall be appointed by the President and shall serve 
at the pleasure of the President. Such representatives shall 
serve without compensation but shall be allowed travel or 
transportation expenses, including per diem in lieu of 
subsistence, in accordance with section 1107 of this Act.
    (c) Any Federal employee subject to the civil service laws 
and regulations who is detailed to serve with, or appointed by, 
the United States representatives on the Joint Commission shall 
not lose any pay, seniority, or other rights or benefits by 
reason of such detail or appointment.
    (d) The United States representatives on the Joint 
Commission may, to such extent or in such amounts as are 
provided in advance in appropriation Acts, appoint and fix the 
compensation of such personnel as the representatives of the 
United States on the Joint Commission may consider necessary 
for the participation of the United States on the Joint 
Commission.
    (e) The United States representatives on the Joint 
Commission may, in cooperation with the representatives of the 
Republic of Panama on the Joint Commission in conducting its 
affairs, subject to the approval of such rules by the 
Governments of the United States and the Republic of Panama.

                            travel expenses

    Sec. 1107.\33\ While away from their homes, regular places 
of business, or official stations in performance of services 
under this chapter, members of the Board of the Commission and 
the representatives of the United States on the Consultative 
Committee referred to in section 1105 of this Act and on the 
Joint Commission on the Environment referred to in section 1106 
of this Act shall be allowed travel or transportation expenses, 
including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in Government service are 
allowed expenses under section 5703 of title 5, United States 
Code.
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    \33\ 22 U.S.C. 3617.
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                      defense of the panama canal

    Sec. 1108.\34\ In the event of an armed attack against the 
Panama Canal, or when, in the opinion of the President, 
conditions exist which threaten the security of the Canal, the 
Administrator of the Commission shall, upon the order of the 
President, comply with such directives as the United States 
military officer charged with the protection and defense of the 
Panama Canal may consider necessary in the exercise of his 
duties.
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    \34\ 22 U.S.C. 3618.
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                 joint sea level canal study committee

    Sec. 1109.\35\ (a) The President shall appoint the 
representatives of the United States to any joint committee or 
body with the Republic of Panama (to study the possibility of a 
sea level canal in the Republic of Panama) pursuant to Article 
XII of the Panama Canal Treaty of 1977.
---------------------------------------------------------------------------
    \35\ 22 U.S.C. 3619.
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    (b) Upon the completion of any joint study between the 
United States and the Republic of Panama concerning the 
feasibility of a sea level canal in the Republic of Panama 
pursuant to paragraph 1 of Article XII of the Panama Canal 
Treaty of 1977, the test of the study shall be transmitted by 
the President of the Senate and to the Speaker of the House of 
Representatives.
    (c) No construction of a sea level canal by the United 
States in the Republic of Panama shall be undertaken except 
with express congressional authorization after submission of 
the study by the President as provided in subsection (b) of 
this section.

                      authority of the ambassador

    Sec. 1110.\36\ (a) The United States Ambassador to the 
Republic of Panama with respect to the responsibilities of the 
Commission for the transfer to the Republic of Panama of those 
functions that are to be assumed by the Republic of Panama 
pursuant to the Panama Canal Treaty of 1977 and related 
agreements.
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 3620.
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    (b)(1) The Commission shall not be subject to the direction 
or supervision of the United States Chief of Mission in the 
Republic of Panama with respect to the responsibilities of the 
Commission for the operation, management, or maintenance of the 
Panama Canal, as established in this or any other Act or in the 
Panama Canal Treaty of 1977 and related agreements, except that 
the Commission shall keep the Ambassador fully and currently 
informed with respect to all activities and operations of the 
Commission.
    (2) Except as provided in paragraph (1) of this subsection, 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) 
\37\ shall apply with respect to the activities of the 
Commission.
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    \37\ Sec. 3550(d)(3) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``section 16 of the Act of August 1, 1956 (22 U.S.C. 
2680a),'' and inserted in lieu thereof ``section 207 of the Foreign 
Service Act of 1980 (22 U.S.C. 3927)''.
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    (c) \38\ (1) The Secretary of State may enter into one or 
more agreements to provide for the United States to furnish 
administrative services relating to the benefits described in 
paragraph (2) after December 31, 1999, and to establish 
appropriate procedures for providing advance funding for the 
services.
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    \38\ Sec. 3506 of the Panama Canal Commission Authorization Act for 
Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2269) 
added subsec. (c).
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    (2) The benefits referred to in paragraph (1) are the 
following:
          (A) Pension, disability, and medical benefits 
        provided by the Panama Canal Commission pursuant to 
        section 1245.
          (B) Compensation for work injuries covered by chapter 
        81 of title 5, United States Code.

                          security legislation

    Sec. 1111.\39\ It is the sense of the Congress that the 
best interests of the United States require that the President 
enter into negotiations with the Republic of Panama for the 
purpose of arranging for the stationing of United States 
military forces, after the termination of the Panama Canal 
Treaty of 1977, in the area comprising the Canal Zone before 
the effective date of this Act, and for the maintenance of 
installations and facilities, after the termination of such 
Treaty, for the use of United States military forces stationed 
in such area. The President shall report to the Congress in a 
timely manner the status of negotiations conducted pursuant to 
this section.
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    \39\ 22 U.S.C. 3621.
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                code of conduct for commission personnel

    Sec. 1112.\40\ (a) Before assuming the duties of his office 
or employment, each member of the Board of the Commission and 
each officer and employee of the Commission shall take an oath 
to discharge faithfully the duties of his office or employment. 
All employees of the Commission shall be subject to the laws of 
the United States regarding duties and responsibilities of 
Federal employees.
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    \40\ 22 U.S.C. 3622.
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    (b) Not later than 60 days after all the members of the 
Board of the Commission have been appointed, the Board shall 
adopt a code of conduct applicable to the persons referred to 
in subsection (a) of this section. The code of conduct shall 
contain provisions substantially equivalent to those contained 
in part 735 of title 5 of the Code of Federal Regulations on 
October 1, 1979.\41\ The code of conduct shall, at a minimum, 
contain provisions substantially equivalent to the following 
provisions of law:
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    \41\ Sec. 3550(d)(2)(A) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``the effective date of this Act'' and inserted in 
lieu thereof ``October 1, 1979''.
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          (1) the provisions of chapter 11 of title 18, United 
        States Code, as amended, relating to bribery, graft, or 
        conflicts of interest, as appropriate to the employees 
        concerned;
          (2) section 7352 of title 5, United States Code, as 
        amended;
          (3) sections 207, 208, 285, 508, 641, 645, 1001, 
        1917, and 2071 of title 18, United States Code, as 
        amended;
          (4) section 5 of the Act of July 16, 1914 (31 U.S.C. 
        638a), as amended;
          (5) the Ethics in Government Act of 1978 (92 Stat. 
        1824), as amended; and
          (6) those provisions of the laws and regulations of 
        the Republic of Panama which are substantially 
        equivalent to those of the United States set forth in 
        this subsection.
    (c) The Commission shall investigate any allegations 
regarding the violation of the code of conduct adopted pursuant 
to subsection (b) of this section. The Commission may recommend 
that the President suspend from the performance of his duties 
any member of the Board of the Commission or any officer or 
employee of the Commission, pending judicial proceedings by 
appropriate authorities concerning such allegations.
    (d) The President shall negotiate suitable arrangements 
with the Republic of Panama whereby each nation shall agree to 
take all measures within its legal authority to assure that 
members of the Board of the Commission comply with the code of 
conduct established pursuant to subsection (b) of this section. 
Without prejudice to such jurisdiction as the United States may 
have with respect to members of the Board, the provisions of 
law enumerated in subsection (b) of this section shall be 
enforced with respect to members of the Board only in 
accordance with such arrangements.
    (e) \42\ (1) Section 207 of title 18, United States Code, 
does not apply to a covered individual with respect to acts 
done in carrying out official duties as an officer or employee 
of the Panama Canal Authority.
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    \42\ Sec. 3522(a) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2064) 
added subsec. (e).
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    (2) For purposes of paragraph (1), a covered individual is 
an officer or employee of the Panama Canal Authority who was an 
officer or employee of the Commission (other than the 
Administrator) and whose employment with the Commission 
terminated at noon on the Canal Transfer Date.
    (3) This subsection is effective as of the Canal Transfer 
Date.
    (f) \43\ (1) The Congress consents to the following persons 
accepting civil employment (and compensation for that 
employment) with the Panama Canal Authority for which the 
consent of the Congress is required by the last paragraph of 
section 9 of article I of the Constitution of the United 
States, relating to acceptance of emoluments, offices, or 
titles from a foreign government:
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    \43\ Sec. 3522(b) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2064) 
added subsec. (f).
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          (A) Retired members of the uniformed services.
          (B) Members of a reserve component of the armed 
        forces.
          (C) Members of the Commissioned Reserve Corps of the 
        Public Health Service.
    (2) The consent of the Congress under paragraph (1) is 
effective without regard to subsection (b) of section 908 of 
title 37, United States Code (relating to approval required for 
employment of Reserve and retired members by foreign 
governments).

                          office of ombudsman

    Sec. 1113.\44\ (a) There established within the Commission 
an Office of Ombudsman, to be directed by an Ombudsman, who 
shall be appointed by the Commission. It shall be the function 
of the Office of Ombudsman to receive individual complaints, 
grievances, requests, and suggestions of employees (and their 
dependents), of the Commission and other departments and 
agencies of the United States, including the Smithsonian 
Institution, conducting operations before the effective date of 
this Act in the area then comprising the Canal Zone concerning 
administrative problems, inefficiencies, and conflicts caused 
within departments and agencies of the United States, including 
the Smithsonian Institution, as a result of the implementation 
of the Panama Canal Treaty of 1977 and related agreements.
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    \44\ 22 U.S.C. 3623.
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    (b) The Ombudsman shall make findings and render assistance 
with respect to the complaints, grievances, requests, and 
suggestions submitted to the Office of Ombudsman, and shall 
make appropriate recommendations to the Commission or any other 
department or agency of the United States, including the 
Smithsonian Institution.
    (c) The establishment of the Office of Ombudsman shall not 
affect any procedures for grievances, appeals, or 
administrative matters in any other provision of this Act, any 
other provision of law, or any Federal regulation.
    (d) \45\ The Office of Ombudsman shall terminate upon the 
termination of the Panama Canal Treaty of 1977.
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    \45\ Sec. 3525 of Public Law 104-201 (110 Stat. 2861) struck out 
subsec. (d) and redesignated former subsec. (e) as subsec. (d). Former 
subsec. (d) required the Ombudsman to be a U.S. citizen.
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                          Chapter 2--Employees

            Subchapter I--Panama Canal Commission Personnel

                              definitions

    Sec. 1201.\46\ As used in this chapter--
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    \46\ 22 U.S.C. 3641. Sec. 3504 of the National Defense 
Authorization Act for Fiscal Year 1994 (title XXXV--Panama Canal 
Commission Authorization Act for Fiscal Year 1994; Public Law 103-160; 
107 Stat. 1965) provides the following:
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 ``sec. 3504. employment of commission employees by the government of 
                                panama.
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    ``(a) Consent of Congress.--Subject to subsection (b), the Congress 
consents to employees of the Panama Canal Commission who are not 
citizens of the United States accepting civil employment with agencies 
and organizations affiliated with the Government of Panama (and 
compensation for that employment) for which the consent of Congress is 
required by the 8th clause of section 9 of article I of the 
Constitution of the United States, relating to acceptance of emolument, 
office, or title from a foreign State.
    ``(b) Condition.--Employees described in subsection (a) may accept 
employment described in such subsection (and compensation for that 
employment) only if the employment is approved by the designated agency 
ethics official of the Panama Canal Commission designated pursuant to 
the Ethics in Government Act of 1978 (5 U.S.C. App.), and by the 
Administrator of the Panama Canal Commission.''.
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          (1) ``Executive agency'' has the meaning given that 
        term in section 105 of title 5, United States Code;
          (2) ``uniformed services'' has the meaning given the 
        term in section 2101(3) of title 5, United States Code;
          (3) ``competitive service'' has the meaning given 
        that term in section 2102 of title 5, United States 
        Code; and
          (4) ``United States'' when used in a geographic 
        sense, means each of the several States and the 
        District of Columbia.

                  appointment and compensation; duties

    Sec. 1202.\47\ (a) In accordance with this chapter, the 
Commission may appoint, fix the compensation of, and define the 
authority and duties of officers and employees (other than the 
Administrator and Deputy Administrator) necessary for the 
management, operation, and maintenance of the Panama Canal and 
its complementary works, installations, and equipment.
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    \47\ 22 U.S.C. 3642. Sec. 3526 of Public Law 104-201 (110 Stat. 
2861) amended and restated sec. 1202.
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    (b) Individuals serving in any Executive agency (other than 
the Commission) or the Smithsonian Institution, including 
individuals in the uniformed services, may, if appointed under 
this section or section 1104 of this Act, serve as officers or 
employees of the Commission.
    (c) \48\ In the case of an individual who is an officer or 
employee of the Commission on November 17, 1997,\49\ and who 
has not had a break in service with the Commission since that 
date, the rate of basic pay for that officer or employee \50\ 
may not be less than the rate in effect for that officer or 
employee on that date \51\ except--
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    \48\ Sec. 3523(b) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2065) 
added subsec. (c).
    \49\ Sec. 3512(a)(1)(A) of the Panama Canal Commission 
Authorization Act for Fiscal Year 1999 (title XXXV of Public Law 105-
261; 112 Stat. 2271) struck out ``the day before the date of the 
enactment of the Panama Canal Transition Facilitation Act of 1997'' and 
inserted in lieu thereof ``November 17, 1997,''.
    \50\ Sec. 3512(a)(1)(B) of the Panama Canal Commission 
Authorization Act for Fiscal Year 1999 (title XXXV of Public Law 105-
261; 112 Stat. 2271) struck out ``on or after that date'' at this 
point.
    \51\ Sec. 3512(a)(1)(C) of the Panama Canal Commission 
Authorization Act for Fiscal Year 1999 (title XXXV of Public Law 105-
261; 112 Stat. 2270) struck out ``the day before the date of 
enactment'' and inserted in lieu thereof ``that date''. As added in 
1997, the phrase had read ``the day before that date of enactment''.
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          (1) as provided in a collective bargaining agreement;
          (2) as a result of an adverse action against the 
        officer or employee; or
          (3) pursuant to a voluntary demotion.

                     transfer of federal employees

    Sec. 1203.\52\ (a) The head of any agency may enter into 
agreements for the transfer or detail to the Commission of any 
employee of that agency serving under a permanent appointment. 
Any employee who so transfers or is so detailed shall, upon 
completion of the employee's tour of duty with the Commission, 
be entitled to reemployment with the agency from which the 
employee was transferred or detailed without loss of pay, 
seniority, or other rights or benefits to which the employee 
would have been entitled had the employee not been so 
transferred or been so detailed.
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    \52\ 22 U.S.C. 3643.
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    (b) For purposes of this section, the term ``agency'' means 
an Executive agency, the United States Postal Service, and the 
Smithsonian Institution.
    (c) The Office of Personnel Management shall prescribe 
regulations to carry out the purposes of this section.

         compensation of individuals in the uniformed services

    Sec. 1204.\53\ (a) Except as provided in subsection (b) of 
this section, any individual who is serving in a position in 
the Commission and who is a member of a uniformed service shall 
continue to be paid basic pay by such uniformed service and 
shall not be paid by the Commission for the period of the 
service in the uniformed service involved.
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    \53\ 22 U.S.C. 3644.
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    (b) If the individual appointed as Administrator, Deputy 
Administrator, or Chief Engineer of the Commission is a member 
of a uniformed service, the amount of basic pay otherwise 
payable to the individual for service in that position shall be 
reduced, up to the amount of that basic pay, by the amount of 
the basic pay payable to the individual as a member of a 
uniformed service.
    (c) The Commission shall annually pay to each uniformed 
service amounts sufficient to reimburse that uniformed service 
for any basic pay paid by that uniformed service to any member 
of that service during any period of service in the Commission 
by the member.

    deduction from basic pay of amounts due for supplies or services

    Sec. 1205.\54\ The Commission may deduct from the basic pay 
otherwise payable by the Commission to any officer or employee 
of the Commission any amount due from the officer or employee 
to the Commission or to any contractor of the Commission for 
transportation, board, supplies, or any other service. Any 
amount so deducted may be paid by the Commission to any 
contractor to whom it is due or may be credited by the 
Commission to any fund \55\ from which the Commission has 
expended such amount.
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    \54\ 22 U.S.C. 3645.
    \55\ Sec. 3529(1) of Public Law 104-106 (110 Stat. 642) struck out 
``appropriation'' and inserted in lieu thereof ``fund''.
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    Sec. 1206.\56\ * * * [Repealed--1999]
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    \56\ Formerly at 22 U.S.C. 3646. Sec. 3507 of the Panama Canal 
Commission Authorization Act for Fiscal Year 1999 (title XXXV of Public 
Law 105-261; 112 Stat. 2269) repealed sec. 1206, relating to cost of 
living allowance, effective 11:59 p.m. (Eastern Standard Time), 
December 30, 1999.
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                      educational travel benefits

    Sec. 1207.\57\ * * * [Repealed--1999]
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    \57\ Formerly at 22 U.S.C. 3647. Sec. 3507 of the Panama Canal 
Commission Authorization Act for Fiscal Year 1999 (title XXXV of Public 
Law 105-261; 112 Stat. 2269) repealed sec. 1207, relating to 
educational travel benefits, effective 11:59 p.m. (Eastern Standard 
Time), December 30, 1999.
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             privileges and immunities of certain employees

    Sec. 1208.\58\ The Secretary of Defense shall designate 
those officers and employees of the Commission and other 
individuals entitled to the privileges and immunities accorded 
under paragraph 3 or Article VIII of the Panama Canal Treaty of 
1977. The Department of State shall furnish to the Republic of 
Panama a list of the names of such officers, employees, and 
other individuals and shall notify the Republic of Panama of 
any subsequent additions to or deletions from the list.
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    \58\ 22 U.S.C. 3648.
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                   applicability of certain benefits

    Sec. 1209.\59\ Chapter 81 of title 5, United States Code, 
relating to compensation for work injuries, chapters 83 and 84 
of such title 5, relating to retirement, chapter 87 of such 
title 5, relating to life insurance, and chapter 89 of such 
title 5, relating to health insurance, are applicable to 
Commission employees, except any individual--
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    \59\ 22 U.S.C. 3649. Sec. 3527 of Public Law 104-201 (110 Stat. 
2861) amended and restated sec. 1209.
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          (1) who is not a citizen of the United States;
          (2) whose initial appointment by the Commission 
        occurs after October 1, 1979; and
          (3) who is covered by the Social Security System of 
        the Republic of Panama pursuant to any provision of the 
        Panama Canal Treaty of 1977 and related agreements.

              Subchapter II--Wage and Employment Practices

                           air transportation

    Sec. 1210.\60\ (a) Notwithstanding any other provision of 
law (except subsection (b)),\61\ the Commission may contract 
with Panamanian carriers registered under the laws of the 
Republic of Panama to provide air transportation to officials 
and employees of the Commission who are citizens of the 
Republic of Panama.
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    \60\ 22 U.S.C. 3650. Originally added by sec. 5(b)(1) of Public Law 
99-223 (99 Stat. 1739), sec. 1210 was amended and restated by sec. 3528 
of Public Law 104-201 (110 Stat. 2861). Sec. 3524 of the Panama Canal 
Transition Facilitation Act of 1997 (subtitle B of title XXXV of Public 
Law 105-85 (111 Stat. 2065) subsequently struck out subsecs. (a), (b), 
and (c) of the section, redesignated remaining subsec. (d)(1) as 
subsec. (a), subsec. (d)(2) as subsec. (b), and restated the section 
catchline from ``travel and transportation'' to ``air transportation''.
    \61\ Sec. 3524(b)(1)(A) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2065) struck out ``paragraph (2)'' and inserted in lieu thereof 
``subsection (b)''.
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    (b) An \62\ official or employee of the Commission who is a 
citizen of the Republic of Panama \63\ may elect, for security 
or other reasons, to travel by an air carrier holding a 
certificate under section 41102 of title 49, United States 
Code.
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    \62\ Sec. 3524(b)(1)(B)(i) of the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-85 
(111 Stat. 2065) struck out ``Notwithstanding paragraph (1), an'' and 
inserted in lieu thereof ``An''.
    \63\ Sec. 3524(b)(1)(B)(ii) of the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-85 
(111 Stat. 2065) struck out ``referred to in paragraph (1)'' and 
inserted in lieu thereof ``who is a citizen of the Republic of 
Panama''.
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                              definitions

    Sec. 1211.\64\ As used in this subchapter--
---------------------------------------------------------------------------
    \64\ 22 U.S.C. 3651.
---------------------------------------------------------------------------
          (1) ``agency'' means--
                  (A) the Commission, and
                  (B) \65\ any other Executive agency or the 
                Smithsonian Institution, to the extent of any 
                election in effect under section 1212(b) \66\ 
                of this Act;
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    \65\ Sec. 3529 of Public Law 104-201 (110 Stat. 2862) amended and 
restated sec. 1211(1)(B).
    \66\ Sec. 3548(b)(1) of Public Law 104-201 (110 Stat. 2869) struck 
out ``section 1212(B)(2)'' and inserted in lieu thereof ``section 
1212(b)''.
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          (2) ``position'' means a civilian position in the 
        Commission, or in any other agency if a substantial 
        portion of the duties and responsibilities are 
        performed in the Republic of Panama; and
          (3) ``employee'' means an individual serving in a 
        position.

panama canal employment system; merit and other employment requirements

    Sec. 1212.\67\ (a) The Commission shall establish a Panama 
Canal Employment System and prescribe the regulations necessary 
for its administration. The Panama Canal Employment System 
shall--
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    \67\ 22 U.S.C. 3652. Sec. 3530(a) of Public Law 104-201 (110 Stat. 
2862) amended and restated sec. 1212. Sec. 3530(b) of that Act further 
provided:
    ``(b) Savings Provisions.--The Panama Canal Employment System and 
all elections, rules, regulations, and orders relating thereto, as last 
in effect before the amendment made by subsection (a) takes effect, 
shall continue in effect, according to their terms, until modified, 
terminated, or superseded under section 1212 of the Panama Canal Act of 
1979, as amended by subsection (a).''.
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          (1) be established in accordance with and be subject 
        to the provisions of the Panama Canal Treaty of 1977 
        and related agreements, the provisions of this chapter, 
        and any other applicable provision of law;
          (2) be based on the consideration of the merit of 
        each employee or candidate for employment and the 
        qualifications and fitness of the employee to hold the 
        position concerned;
          (3) conform, to the extent practicable and consistent 
        with the provisions of this Act, to the policies, 
        principles, and standards applicable to the competitive 
        service;
          (4) in the case of employees who are citizens of the 
        United States, provide for the appropriate interchange 
        of those employees between positions under the Panama 
        Canal Employment System and positions in the 
        competitive service; and
          (5) not be subject to the provisions of title 5, 
        United States Code, unless specifically made applicable 
        by this Act.
    (b)(1) The head of any Executive agency (other than the 
Commission) and the Smithsonian Institution may elect to have 
the Panama Canal Employment System made applicable in whole or 
in part to personnel of that agency in the Republic of Panama.
    (2) Any Executive agency (other than the Commission) and 
the Smithsonian Institution, to the extent of any election 
under paragraph (1), shall conduct its employment and pay 
practices relating to employees in accordance with the Panama 
Canal Employment System.
    (3) Notwithstanding any other provision of this Act, the 
Panama Canal Act Amendments of 1996 (subtitle B of title XXXV 
of Public Law 104-201; 110 Stat. 2860), or the Panama Canal 
Transition Facilitation Act of 1997 (subtitle B of title XXXV 
of Public Law 105-85; 110 Stat. 2062), or the Panama Canal 
Commission Authorization Act for Fiscal Year 1999,\68\ this 
subchapter, as in effect on September 22, 1996,\69\ shall 
continue to apply to an Executive agency or the Smithsonian 
Institution to the extent of an election under paragraph (1) by 
the head of the \70\ agency or the Institution, respectively.
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    \68\ Sec. 3523(d) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2065) 
struck out ``or the Panama Canal Act Amendments of 1996'' and inserted 
in lieu thereof ``, the Panama Canal Act Amendments of 1996 (subtitle B 
of title XXXV of Public Law 104-201; 110 Stat. 2860), or the Panama 
Canal Transition Facilitation Act of 1997''. Sec. 3507(c) of the Panama 
Canal Commission Authorization Act for Fiscal Year 1999 (title XXXV of 
Public Law 105-261; 112 Stat. 2269) struck out ``the Panama Canal 
Transition Facilitation Act of 1997'' and inserted in lieu thereof 
``the Panama Canal Transition Facilitation Act of 1997 (subtitle B of 
title XXXV of Public Law 105-85; 110 Stat. 2062), or the Panama Canal 
Commission Authorization Act for Fiscal Year 1999''.
    \69\ Sec. 3550(d)(3) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``as last in effect before the effective date of 
section 3530 of the Panama Canal Act Amendments of 1996'' and inserted 
in lieu thereof ``as in effect on September 22, 1996''.
    \70\ Sec. 3512(a)(2) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2271) inserted ``the'' after ``by the head of''.
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    (c) The Commission may exclude any employee or position 
from coverage under any provision of this subchapter, other 
than the interchange rights extended under subsection (a)(4).

                          employment standards

    Sec. 1213.\71\ The Commission \72\ shall establish written 
standards for--
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    \71\ 22 U.S.C. 3653.
    \72\ Sec. 3531 of Public Law 104-201 (110 Stat. 2863) struck out 
``The head of each agency'' and inserted in lieu thereof ``The 
Commission''.
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          (1) determining the qualifications and fitness of 
        employees and of candidates for employment in 
        positions; and
          (2) selecting individuals for appointment, promotion, 
        or transfer to positions.
The standards shall conform to the provisions of this 
subchapter, and regulations prescribed thereunder, and the 
Panama Canal Employment System.
    Sec. 1214.\73\ * * * [Repealed--1996]
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    \73\ Formerly at 22 U.S.C. 3654. Sec. 3533 of Public Law 104-201 
(110 Stat. 2863) repealed sec. 1214, relating to an interim application 
of a canal zone merit system.
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    Sec. 1215.\74\ * * * [Repealed--1997]
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    \74\ Formerly at 22 U.S.C. 3655. Sec. 3523(a)(1) of the Panama 
Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of 
Public Law 105-85 (111 Stat. 2064) repealed sec. 1215, relating to 
basic pay.
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               uniform application of standards and rates

    Sec. 1216.\75\ The standards established pursuant to 
section 1213 of this Act and the rates of basic pay established 
pursuant to section 1202 \76\ of the Act shall be applied 
without regard to whether the employee or individual concerned 
is a citizen of the United States or a citizen of the Republic 
of Panama.
---------------------------------------------------------------------------
    \75\ 22 U.S.C. 3656.
    \76\ Sec. 3523(c)(1) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2065) struck out ``1215'' and inserted in lieu thereof ``1202''.
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                 recruitment and retention remuneration

    Sec. 1217.\77\ (a) * * * In addition to basic pay, 
additional compensation may be paid, in such amounts as the 
head of the agency concerned determines, as an overseas 
recruitment or retention differential to any individual who--
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    \77\ 22 U.S.C. 3657. Sec. 3533 of Public Law 104-201 (110 Stat. 
2863) struck out former subsec. (d) of this section, which related to 
the inapplicability of certain overseas differentials and pay 
allowances to those employed by an agency whose duty station is Panama. 
Sec. 3507 of the Panama Canal Commission Authorization Act for Fiscal 
Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2269) struck out 
subsec. (a), relating to recruitment compensation of essential 
personnel, effective 11:59 p.m. (Eastern Standard Time), December 30, 
1999.
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    (b) Any employee described in more than one paragraph of 
subsection (a) of this section may qualify for a recruitment or 
retention differential under only one of those paragraphs.
    (c) \78\ (1) The Commission may pay a recruitment bonus to 
an individual who is newly appointed to a position with the 
Commission, or a relocation bonus to an employee of the 
Commission who must relocate to accept a position, if the 
Commission determines that the Commission would be likely, in 
the absence of such a bonus, to have difficulty in filling the 
position.
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    \78\ Sec. 3525(a) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2066) 
redesignated subsec. (c) as subsec. (e), and added new subsecs. (c) and 
(d).
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    (2) A recruitment or relocation bonus may be paid to an 
employee under this subsection only if the employee enters into 
an agreement with the Commission to complete a period of 
employment established in the agreement. If the employee 
voluntarily fails to complete such period of employment or is 
separated from service in such employment as a result of an 
adverse action before the completion of such period, the 
employee shall repay the entire amount of the bonus.
    (3) A recruitment or relocation bonus under this subsection 
may be paid as a lump sum. A bonus under this subsection may 
not be considered to be part of the basic pay of an employee.
    (d) \78\ (1) The Commission may pay a retention bonus to an 
employee of the Commission if the Commission determines that--
          (A) the employee has unusually high or unique 
        qualifications and those qualifications make it 
        essential for the Commission to retain the employee for 
        a period specified by the Commission ending not later 
        than the Canal Transfer Date, or the Commission 
        otherwise has a special need for the services of the 
        employee making it essential for the Commission to 
        retain the employee for a period specified by the 
        Commission ending not later than the Canal Transfer 
        Date; and
          (B) the employee would be likely to leave employment 
        with the Commission before the end of that period if 
        the retention bonus is not paid.
    (2) A retention bonus under this subsection--
          (A) shall be in a fixed amount;
          (B) shall be paid on a pro rata basis (over the 
        period specified by the Commission as essential for the 
        retention of the employee), with such payments to be 
        made at the same time and in the same manner as basic 
        pay; and
          (C) may not be considered to be part of the basic pay 
        of an employee.
    (3) A decision by the Commission to exercise or to not 
exercise the authority to pay a bonus under this subsection 
shall not be subject to review under any statutory procedure or 
any agency or negotiated grievance procedure except under any 
of the laws referred to in section 2302(d) of title 5, United 
States Code.
    (e) \78\ Additional compensation provided under this 
section may not exceed 25 percent of the rate of basic pay of 
the individual to whom the compensation is paid.\79\
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    \79\ Sec. 3525(a)(2) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2066) struck out ``for the same or similar work performed in the United 
States by individuals employed by the Government of the United States'' 
and inserted in lieu thereof ``of the individual to whom the 
compensation is paid''
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                           quarters allowance

    Sec. 1217a.\80\ (a) Notwithstanding paragraphs (2) and (3) 
of section 1211 of this Act, as used in this section--
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    \80\ 22 U.S.C. 3657a. Executive Order 12520 (June 19, 1985; 50 F.R. 
25683) provided the following:
---------------------------------------------------------------------------

   ``quarters allowances to department of defense employees in panama
---------------------------------------------------------------------------
    ``By the authority vested in me as President by the Constitution 
and the laws of the United States of America, including section 1217a 
of the Panama Canal Act of 1979 (22 U.S.C. 3657a), it is hereby ordered 
as follows:
    ``Section 1. The Secretary of Defense is authorized to prescribe 
the regulations referred to in section 1217a of the Panama Canal Act of 
1979, relating to quarters allowances.
    ``Sec. 2. The regulations prescribed under Section 1 shall be 
consistent with Article VII(4) of the Agreement in Implementation if 
Article IV of the Panama Canal Treaty and with all other relevant 
provisions of the Panama Canal Treaty and related agreements.''.
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          (1) ``position'' means a civilian position; and
          (2) ``employee'' means an individual serving in a 
        position in the Department of Defense whose permanent 
        duty station is in the area which, before October 1, 
        1979, was known as the Canal Zone.
    (b) Under regulations prescribed by or under authority of 
the President, the Department of Defense may grant a quarters 
allowance in the case of--
          (1) any employee who is a citizen of the United 
        States and who, before October 1, 1979, was employed by 
        the Panama Canal Company, the Canal Zone Government, or 
        any other agency, in the area then known as the Canal 
        Zone; and
          (2) any other employee who is a citizen of the United 
        States and who (before, on, or after the effective date 
        of this section) is or was recruited within the United 
        States;
for whom adequate Government owned or leased quarters are not 
made available.
    (c) The amount of any quarters allowance granted to an 
employee under this section shall be determined in accordance 
with the regulations prescribed under subsection (b) of this 
section, except that such allowance for any period may not 
exceed the amount, if any, by which--
          (1) the lesser of--
                  (A) the actual expenses for rent and 
                utilities incurred by the employee during such 
                period while occupying quarters other than 
                Government owned or leased quarters; or
                  (B) the maximum amount which would be 
                authorized for such employee with respect to 
                such period under the Department of State 
                Standardized Regulations (Government Civilians, 
                Foreign Areas) if such employee were covered by 
                those regulations;
        exceeds
          (2) the estimated total cost of rent and utilities 
        which the employee would have been charged if 
        Government owned or leased quarters had been provided 
        on a rental basis during such period.
    (d) The provisions of this section shall apply without 
regard to whether any election by the Department of Defense 
under section 1212(b) of this Act is then in effect.

                      benefits based on basic pay

    Sec. 1218.\81\ For the purposes of determining--
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    \81\ 22 U.S.C. 3658. Sec. 3507(b) of the Panama Canal Commission 
Authorization Act for Fiscal Year 1999 (title XXXV of Public Law 105-
261; 112 Stat. 2269) provided the following:
    ``(b) Savings Provision for Basic Pay.--Notwithstanding subsection 
(a), benefits based on basic pay, as listed in paragraphs (1), (2), 
(3), (5), and (6) of section 1218 of the Panama Canal Act of 1979, 
shall be paid as if sections 1217(a) and 1231(a)(2)(A) and (B) of that 
Act had been repealed effective 12:00 noon, December 31, 1999. The 
exception under the preceding sentence shall not apply to any pay for 
hours of work performed on December 31, 1999.''.
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          (1) amounts of compensation for disability or death 
        under chapter 81 of title 5, United States Code, 
        relating to compensation for work injuries;
          (2) \82\ benefits under subchapter III of chapter 83 
        or chapter 84 of title 5, United States Code, relating 
        to retirement;
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    \82\ Sec. 3534 of Public Law 104-201 (110 Stat. 2863) amended and 
restated para. (2).
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          (3) amounts of insurance under chapter 87 of title 5, 
        United States Code, relating to life insurance;
          (4) amounts of overtime pay or other premium pay;
          (5) annual leave benefits; and
          (6) any other benefits related to basic pay;
the basic pay of each employee shall include the rate of basic 
pay established for his position under section 1202 \83\ of 
this Act plus the amount of any additional compensation 
provided under section 1217(a) \83\ of this Act.
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    \83\ Sec. 3523(c)(2) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2065) struck out ``1215'' and ``1217'' and inserted, respectively, 
``1202'' and ``1217(a)''.
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    Sec. 1219.\84\ * * * [Repealed--1997]
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    \84\ Formerly at 22 U.S.C. 3659. Sec. 3523(a)(2) of the Panama 
Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of 
Public Law 105-85 (111 Stat. 2064) repealed sec. 1219, relating to 
salary protection upon conversion of pay rate.
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    review and adjustment of classifications, grades, and pay level

    Sec. 1220.\85\ An employee may request at any time that the 
employee's agency--
---------------------------------------------------------------------------
    \85\ 22 U.S.C. 3660.
---------------------------------------------------------------------------
          (1) review the classification of the employee's 
        position or the grade or pay level for the employee's 
        position, or both; and
          (2) revise or adjust that classification, grade or 
        pay level, or both, as the case may be.
The request for review and revision or adjustment shall be 
submitted and adjudicated in accordance with the regularly 
established appeals procedures of the agency.

                 panama canal board of appeals; duties

    Sec. 1221.\86\ (a) Subject to the provisions of this 
chapter, the Commission \87\ shall prescribe regulations 
establishing a Panama Canal Board of Appeals. The regulations 
shall provide for the number of members of the Board and their 
appointment, compensation, and terms of office, the selection 
of a Chairman of the Board, the appointment and compensation of 
the Board's employees, and other appropriate matters relating 
to the Board.
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    \86\ 22 U.S.C. 3661.
    \87\ Sec. 3548 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2073) 
struck out ``President'' and inserted in lieu thereof ``Commission''.
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    (b) The Board shall review and determine the appeals of 
employees in accordance with section 1222 of this Act. The 
decisions of the Board shall conform to the provisions of this 
subchapter.

          appeals to board; procedures; finality of decisions

    Sec. 1222.\88\ (a) An employee may appeal to the Panama 
Canal Board of Appeals from an adverse determination made by an 
agency under section 1220 of this Act. The appeal shall be made 
in writing within a reasonable time (as specified in 
regulations prescribed by, or under the authority of, the 
Commission \87\) after the date of the transmittal by the 
agency to the employee of written notice of the adverse 
determination.
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    \88\ 22 U.S.C. 3662.
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    (b) The Board may authorize, in connection with an appeal 
pursuant to subsection (a) of this section, a personal 
appearance before the Board by the employee, or by a 
representative of the employee designated for that purpose.
    (c) After investigation and consideration of the evidence 
submitted, the Board shall--
          (1) prepare a written decision on the appeal;
          (2) transmit its decision to the agency concerned; 
        and
          (3) transmit copies of the decision to the employee 
        concerned or to the designated representative.
    (d) The decision of the Board on any question or other 
matter relating to an appeal is final and conclusive. The 
agency concerned shall take action in accordance with the 
decision of the Board.
    Sec. 1223.\89\ * * * [Repealed--1998]
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    \89\ Formerly at 22 U.S.C. 3663. Sec. 3508(a) of the Panama Canal 
Commission Authorization Act for Fiscal Year 1999 (title XXXV of Public 
Law 105-261; 112 Stat. 2269) repealed sec. 1223, relating to 
establishment of a central examining office. Previously, sec. 3535 of 
Public Law 104-201 (110 Stat. 2863) amended and restated sec. 1223.
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              applicability of title 5, united states code

    Sec. 1224.\90\ The following provisions of title 5, United 
States Code, apply to the Panama Canal Commission:
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    \90\ 22 U.S.C. 3664. Sec. 3536 of Public Law 104-201 (110 Stat. 
2864) amended and restated sec. 1224. Sec. 3524(a)(2) of the Panama 
Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of 
Public Law 105-85 (111 Stat. 2065) struck out para. (10), relating to 5 
U.S.C. chapter 57, and renumbered paras. (11) through (20) as paras. 
(10) through (19), respectively.
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          (1) Part I of title 5 (relating to agencies 
        generally).
          (2) Chapter 21 (relating to employee definitions).
          (3) Section 2302(b)(8) (relating to whistleblower 
        protection) and all provisions of title 5 relating to 
        the administration or enforcement or any other aspect 
        thereof, as identified in regulations prescribed by the 
        Commission in consultation with the Office of Personnel 
        Management.
          (4) All provisions relating to preference eligibles.
          (5) Section 5514 (relating to offset from salary).
          (6) Section 5520a (relating to garnishments).
          (7) Sections 5531-5535 (relating to dual pay and 
        employment).
          (8) Subchapter VI of chapter 55 (relating to 
        accumulated and accrued leave).
          (9) Subchapter IX of chapter 55 (relating to 
        severance and back pay).
          (10) Chapter 59 (relating to allowances).
          (11) * * * \91\
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    \91\ Sec. 3507 of the Panama Canal Commission Authorization Act for 
Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2269) 
struck out para. (11), which read ``Chapter 63 (relating to leave for 
CONUS employees).'', effective 11:59 p.m. (Eastern Standard Time), 
December 30, 1999.
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          (12) Section 6323 (relating to military leave; 
        Reserves and National Guardsmen).
          (13) Chapter 71 (relating to labor relations).
          (14) Subchapters II and III of chapter 73 (relating 
        to employment limitations and political activities, 
        respectively) and all provisions of title 5 relating to 
        the administration or enforcement or any other aspect 
        thereof, as identified in regulations prescribed by the 
        Commission in consultation with the Office of Personnel 
        Management.
          (15) Chapter 81 (relating to compensation for work 
        injuries).
          (16) Chapters 83 and 84 (relating to retirement).
          (17) Chapter 85 (relating to unemployment 
        compensation).
          (18) Chapter 87 (relating to life insurance).
          (19) Chapter 89 (relating to health insurance).
    Sec. 1225.\92\ * * * [Repealed--1997]
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    \92\ Formerly at 22 U.S.C. 3665. Sec. 3523(a)(3) of the Panama 
Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of 
Public Law 105-85 (111 Stat. 2065) repealed sec. 1225, relating to 
minimum level of pay; minimum annual increases.
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         Subchapter III--Conditions of Employment and Placement

                  transferred or reemployed employees

    Sec. 1231.\93\ (a) \94\ (1) With respect to any individual 
employed in the Panama Canal Company or the Canal Zone 
Government--
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    \93\ 22 U.S.C. 3671.
    \94\ Sec. 3537 of Public Law 104-201 (110 Stat. 2864) repealed 
subsec. (a)(3), which had provided, in part, ``(C) Effective October 1, 
1979, any individual who, but for subparagraph (B) of this paragraph, 
would have been entitled to one or more payments pursuant to this 
subsection for periods before October 1, 1979, shall be entitled, to 
the extent or in such amounts as are provided in advance in 
appropriation Acts, to a lump sum payment equal to the total amount of 
all such payments.''.
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          (A) who is transferred--
                  (i) to a position in the Commission; or
                  (ii) to a position in an Executive agency or 
                in the Smithsonian Institution the permanent 
                duty station of which is in the Republic of 
                Panama (including the area known before October 
                1, 1979, as the Canal Zone); or
          (B) who is separated by reason of a reduction in 
        force on September 30, 1979, and is appointed to a 
        position in the Commission before April 1, 1980;
the terms and conditions of employment set forth in paragraph 
(2) of this subsection shall be generally no less favorable, on 
or after the date of the transfer referred to in subparagraph 
(A) of this paragraph or the date of the appointment referred 
to in subparagraph (B) of this paragraph as the case may be, 
than the terms and conditions of employment with the Panama 
Canal Company and Canal Zone Government on September 30, 1979, 
or, in the case of a transfer described in subparagraph (A)(ii) 
of this paragraph which takes place before that date, on the 
date of the transfer.
    (2) \95\ The terms and conditions of employment referred to 
in paragraph (10 of this subsection are the following:
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    \95\ Sec. 3507 of the Panama Canal Commission Authorization Act for 
Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2269) 
struck out subparas. (A) (relating to rate of basic pay), (B) (tropical 
differential), (F) (leave and travel), (G) (transportation and 
repatriation benefits), and (H) (group health and life insurance), 
effective 11:59 p.m. (Eastern Standard Time), December 30, 1999.rates 
of basic pay;
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          (C) premium pay and night differential;
          (D) reinstatement and restoration rights;
          (E) injury and death compensation benefits;
          (I) reduction-in-force rights;
          (J) an employee grievance system, and the right to 
        appeal adverse and disciplinary actions and positions 
        classification actions;
          (K) veterans' preference eligibility;
          (L) holidays;
          (M) severance pay benefits.
    (b) Any individual described in subsection (a)(1)(B) of 
this section who would have met the service requirement for 
early retirement benefits under section 8336(i) or 8339(d)(2) 
of title 5, United States Code (as amended by sections 1241(a) 
and 1242 of this Act, respectively), but for a break in service 
of more than 3 days immediately after September 30, 1979, shall 
be considered to meet that requirement. Any break in service by 
any such individual for purposes of section 8332 of such title 
5 during the period beginning September 30, 1979, and ending on 
the date of the appointment referred to in such subsection 
(a)(1)(B) shall be considered a period of creditable service 
under such section 8332 for such individual, except that such 
period shall not be taken into account for purposes of 
determining average pay (as defined in section 8331(4) of such 
title 5) and no deduction, contribution, or deposit shall be 
required for that period under section 8334 of such title 5.
    (c)(1) Section 5(c) of the Defense Department Overseas 
Teachers Pay and Personnel Practices Act (20 U.S.C. 903(c)) 
shall not apply with respect to any teacher who was employed by 
the Canal Zone Government school system on September 30, 1979, 
and who was transferred from such position to a teaching 
position which is under the Department of Defense Overseas 
Dependent School System and the permanent duty station of which 
is in the Republic of Panama, until the rates of basic 
compensation established under section 5(c) of such Act equal 
or exceed the rates of basic compensation then in effect for 
teachers who were so transferred.
    (2) Section 6(a)(2) of the Defense Department Overseas 
Teachers Pay and Personnel Practices Act (20 U.S.C. 904(a)(2)) 
shall not apply with respect to any teacher who was employed by 
the Canal Zone Government school system on September 30, 1979, 
and who was transferred from such position to a teaching 
position which is under the Department of Defense Overseas 
Dependent School System and the permanent duty station of which 
is in the Republic of Panama.
    (3)(A) The head of a department or agency of the United 
States may grant a sabbatical to any teacher to whom paragraph 
(1) of this subsection applies for not to exceed 11 months in 
order to permit the teacher to engage in study or uncompensated 
work experience which is in the United States and which will 
contribute to the teacher's development and effectiveness. 
Basic compensation shall be paid to teachers on sabbatical 
under this section in the same manner and to the same extent as 
basic compensation would have been paid to teachers on 
sabbatical while employed in the Canal Zone Government school 
system on September 30, 1979.\96\ A sabbatical shall not result 
in a loss of, or reduction in, leave to which the teacher is 
otherwise entitled, credit for time or service, or performance 
or efficiency rating. The head of the department or agency may 
authorize in accordance with chapter 57 of title 5, United 
States Code, such travel expenses (including per diem 
allowance) as the head of the department or agency may 
determine to be essential for the study or experience.
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    \96\ Sec. 3550(d)(2)(C) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``the day before the effective date of this Act'' and 
inserted in lieu thereof ``September 30, 1979''.
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    (B) A sabbatical under this paragraph may not be granted to 
any teacher--
          (i) more than once in any 10-year period;
          (ii) unless the teacher has completed 7 years of 
        service as a teacher; and
          (iii) if the teacher is eligible for voluntary 
        retirement with a right to an immediate annuity.
    (C)(i) Any teacher in a department or agency of the United 
States may be granted a sabbatical under this paragraph only if 
the teacher agrees, as a condition of accepting the sabbatical, 
to serve in the civil service upon the completion of the 
sabbatical for a period of two consecutive years.
    (ii) Each agreement required under clause (i) of this 
subparagraph shall provide that in the event the teacher fails 
to carry out the agreement (except for good and sufficient 
reason as determined by the head of the department or agency 
that granted the sabbatical), the teacher shall be liable to 
the United States for payment of all expenses (including 
salary) of the sabbatical. The amount shall be treated as a 
debt due the United States.
    (d) Sections 5595(a)(2)(iii), 5724a(a) (3) and (4), and 
8102(b) of title 5, United States Code, are each amended by 
striking out ``Canal Zone'' each place it appears and inserting 
in lieu thereof ``areas and installations in the Republic of 
Panama made available to the United States pursuant to the 
Panama Canal Treaty of 1977 and related agreements (as 
described in section 3(a) of the Panama Canal Act of 1979)''.

                               placement

    Sec. 1232.\97\ (a) Any citizen of the United States--
---------------------------------------------------------------------------
    \97\ 22 U.S.C. 3672.
---------------------------------------------------------------------------
          (1) who, on March 31, 1979, was an employee of the 
        Panama Canal Company or the Canal Zone Government;
          (2) who separates or is scheduled to separate on or 
        after such date for any reason other than misconduct or 
        delinquency; and
          (3) who is not placed in another appropriate position 
        in the Government of the United States in the Republic 
        of Panama;
shall, upon the employee's request, be accorded appropriate 
assistance for placement in vacant positions in the Government 
of the United States in the United States.
    (b) Any citizen of the United States--
          (1) who, on March 31, 1979, was employed in the Canal 
        Zone as an employee of an Executive agency (other than 
        the Panama Canal Company or the Canal Zone Government) 
        or the Smithsonian Institution;
          (2) whose position is eliminated as the result of the 
        implementation of any provision of the Panama Canal 
        Treaty of 1977 and related agreements; and
          (3) who is not appointed to another appropriate 
        position in the Government of the United States in the 
        Republic of Panama;
shall, upon the employee's request, be accorded appropriate 
assistance for placement in vacant positions in the Government 
of the United States in the United States.
    (c) The Office of Personnel Management shall establish and 
administer a Government-wide placement program for all eligible 
employees who request appointment to positions under this 
section.
    (d) The provisions of this section shall take effect on the 
date of the enactment of this Act.

                transition separation incentive payments

    Sec. 1233.\98\ (a) In applying to the Commission and 
employees of the Commission the provisions of section 663 of 
the Treasury, Postal Service, and General Government 
Appropriations Act, 1997 (as contained in section 101(f) of 
division A of Public Law 104-208; 110 Stat. 3009-383), relating 
to voluntary separation incentives for employees of certain 
Federal agencies (in this section referred to as ``section 
663'')--
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    \98\ 22 U.S.C. 3673. Added by sec. 3526 of the Panama Canal 
Transition Facilitation Act of 1997 (subtitle B of title XXXV of Public 
Law 105-85 (111 Stat. 2067).
---------------------------------------------------------------------------
          (1) the term ``employee'' shall mean an employee of 
        the Commission who has served in the Republic of Panama 
        in a position with the Commission for a continuous 
        period of at least three years immediately before the 
        employee's separation under an appointment without time 
        limitation and who is covered under the Civil Service 
        Retirement System or the Federal Employees' Retirement 
        System under subchapter III of chapter 83 or chapter 
        84, respectively, of title 5, United States Code, other 
        than--
                  (A) an employee described in any of 
                subparagraphs (A) through (F) of subsection 
                (a)(2) of section 663; or
                  (B) an employee of the Commission who, during 
                the 24-month period preceding the date of 
                separation, has received a recruitment or 
                relocation bonus under section 1217(c) of this 
                Act or who, within the 12-month period 
                preceding the date of separation, received a 
                retention bonus under section 1217(d) of this 
                Act;
          (2) the strategic plan under subsection (b) of 
        section 663 shall include (in lieu of the matter 
        specified in subsection (b)(2) of that section)--
                  (A) the positions to be affected, identified 
                by occupational category and grade level;
                  (B) the number and amounts of separation 
                incentive payments to be offered; and
                  (C) a description of how such incentive 
                payments will facilitate the successful 
                transfer of the Panama Canal to the Republic of 
                Panama;
          (3) a separation incentive payment under section 663 
        may be paid to a Commission employee only to the extent 
        necessary to facilitate the successful transfer of the 
        Panama Canal by the United States of America to the 
        Republic of Panama as required by the Panama Canal 
        Treaty of 1977;
          (4) such a payment--
                  (A) may be in an amount determined by the 
                Commission not to exceed $25,000; and
                  (B) may be made (notwithstanding the 
                limitation specified in subsection (c)(2)(D) of 
                section 663) in the case of an eligible 
                employee who voluntarily separates (whether by 
                retirement or resignation) during the 90-day 
                period beginning on the date of the enactment 
                of this section or during the period beginning 
                on October 1, 1998, and ending on December 31, 
                1998;
          (5) in the case of not more than 15 employees who (as 
        determined by the Commission) are unwilling to work for 
        the Panama Canal Authority after the Canal Transfer 
        Date and who occupy critical positions for which (as 
        determined by the Commission) at least two years of 
        experience is necessary to ensure that seasoned 
        managers are in place on and after the Canal Transfer 
        Date, such a payment (notwithstanding paragraph (4))--
                  (A) may be in an amount determined by the 
                Commission not to exceed 50 percent of the 
                basic pay of the employee; and
                  (B) may be made (notwithstanding the 
                limitation specified in subsection (c)(2)(D) of 
                section 663) in the case of such an employee 
                who voluntarily separates (whether by 
                retirement or resignation) during the 90-day 
                period beginning on the date of the enactment 
                of this section; and
          (6) the provisions of subsection (f) of section 663 
        shall not apply.
    (b) A decision by the Commission to exercise or to not 
exercise the authority to pay a transition separation incentive 
under this section shall not be subject to review under any 
statutory procedure or any agency or negotiated grievance 
procedure except under any of the laws referred to in section 
2302(d) of title 5, United States Code.

                       Subchapter IV--Retirement

                      early retirement eligibility

    Sec. 1241.\99\ * * *
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    \99\ Sec. 1241 amended sec. 8336 of title 5, United States Code, to 
clarify eligibility requirements for early retirement of Panama Canal 
Company and Commission employees.
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                      early retirement computation

    Sec. 1242.\100\ * * *
---------------------------------------------------------------------------
    \100\ Sec. 1242 amended sec. 8339(d) of title 5, United States 
Code, to clarify early retirement computation for Panama Canal Company 
and Commission employees.
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               retirement under special treaty provisions

    Sec. 1243.\101\ (a)(1) Subject to subsection (b) of this 
section, and under such regulations as the President may 
prescribe, the Secretary of the Treasury shall pay to the 
Social Security System of the Republic of Panama, out of funds 
deposited in the Treasury of the United States to the credit of 
the Civil Service Retirement and Disability Fund under section 
8334(a)(2) of title 5, United States Code, such sums of money 
as may be necessary to aid in the purchase of a retirement 
equity in such System for each individual who--
---------------------------------------------------------------------------
    \101\ 22 U.S.C. 3681.
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          (A) meets the requirements of paragraph (2) of this 
        subsection;
          (B) is separated from employment in the Panama Canal 
        Company, the Canal Zone Government, or the Commission 
        by reason of the implementation of any provision of the 
        Panama Canal Treaty of 1977 and related agreements; and
          (C) becomes employed in a position covered by the 
        Social Security System of the Republic of Panama 
        through the transfer of a function or activity to the 
        Republic of Panama from the United States or through a 
        job placement assistance program.
    (2) This subsection applies with respect to any individual 
only if the individual--
          (A) has been credited with at least 5 years of 
        civilian service under section 8332 of title 5, United 
        States Code, relating to creditable service for 
        purposes of civil service retirement;
          (B) is not eligible for an immediate retirement 
        annuity under chapter 83 of title 5, United States 
        Code, relating to civil service retirement, and elects 
        not to receive a deferred annuity under that chapter 
        based on any portion of that service; and
          (C) elects to withdraw from the Civil Service 
        Retirement and Disability Fund the individual's entire 
        lump-sum credit (as defined in section 8331(8) of title 
        5, United States Code) and to transfer that amount to 
        the Social Security System of the Republic of Panama 
        pursuant to the special regime referred to in paragraph 
        3 of Article VIII of the Agreement in implementation of 
        Article III of the Panama Canal Treaty of 1977.
    (b) The amount paid to the Social Security System of the 
Republic of Panama with respect to any individual under 
subsection (a) of this section shall not exceed the 
individual's entire lump-sum credit (as so defined).
    (c)(1) Pursuant to paragraph 2(b) of Annex C to the 
Agreement in Implementation of Article IV of the Panama Canal 
Treaty of 1977, the President, or the President's designee, 
shall purchase from a source determined by the President to be 
appropriate, in accordance with such regulations as the 
President or the President's designee may prescribe and to such 
extent or in such amounts as may be provided in advance in 
appropriation Acts, a nontransferable deferred annuity for the 
benefit of each employee of an agency or instrumentality of the 
Government of the United States in the Republic of Panama--
          (A) who is not a citizen of the United States;
          (B) who was employed on October 1, 1979, and during 
        any period before that date by an agency or 
        instrumentality of the Government of the United States 
        at any permanent duty station in the Republic of Panama 
        (including, with respect to employment before that 
        date, the area then known as the Canal Zone);
          (C) who, for any period of service with such agency 
        or instrumentality before October 1, 1979, at any such 
        permanent duty station was not covered, by reason of 
        that service, by the United States Civil Service 
        Retirement System or any other Federal retirement 
        system providing benefits similar to those retirement 
        benefits provided by the Social Security System of the 
        Republic of Panama; and
          (D) who on October 1, 1979, is under a Federal 
        retirement system and, on or before that date, has 
        accrued in one or more agencies or instrumentalities of 
        the United States a total of 5 years or more of service 
        which--
                  (i) is creditable toward any Federal 
                retirement system as in effect on October 1, 
                1979;
                  (ii) would have been creditable toward any 
                such retirement system if the retirement system 
                were in effect at the time of the service 
                accrued by the employee; or
                  (iii) consists of any combination of service 
                described in clauses (i) and (ii) of this 
                subparagraph.
    (2) The retirement annuity referred to in paragraph (1) of 
this subsection with respect to any employee will cover 
retroactively,\102\ from October 1, 1979, all periods of 
service, described in subparagraph (D) of that paragraph, by 
that employee at any permanent duty station in the Republic of 
Panama (including the area known before that date as the Canal 
Zone) in agencies and instrumentalities of the Government of 
the United States during which that employee was not covered by 
the United States Civil Service Retirement System or any other 
Federal retirement system providing benefits similar to those 
retirement benefits provided by the Social Security System of 
the Republic of Panama.
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    \102\ Sec. 3550(d)(6) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2074) struck out ``retroactivity'' and inserted in lieu thereof 
``retroactively''.
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            obligation of commission for unfunded liability

    Sec. 1244.\103\ * * *
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    \103\ Sec. 1244 amended sec. 8384 of title 5, United States Code, 
by adding at the end thereof the following new subsection (i).
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             administration of certain disability benefits

    Sec. 1245.\104\ (a)(1) The Commission, or any other United 
States Government agency or private entity acting pursuant to 
an agreement with the Commission, under the Act entitled ``An 
Act authorizing cash relief for certain employees of the Panama 
Canal not coming within the provisions of the Canal Zone 
Retirement Act'', approved July 8, 1937 (50 Stat. 478; 68 Stat. 
17), may continue the payments of cash relief to those 
individual former employees of the Canal Zone Government or 
Panama Canal Company or their predecessor agencies not coming 
within the scope of the former Canal Zone Retirement Act whose 
services were terminated prior to October 5, 1958, because of 
unfitness for further useful service by reason of mental or 
physical disability resulting from age or disease.
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    \104\ 22 U.S.C. 3682. Sec. 3538 of Public Law 104-201 (110 Stat. 
2864) amended and restated text preceding subsec. (b). Sec. 3548(c)(2) 
of that Act struck out ``cash relief to certain former employees'' and 
inserted in lieu thereof ``administration of certain disability 
benefits'' as the section catchline. Subsec. (a) formerly had read as 
follows:
    ``(a) The Commission, under the regulation prescribed by the 
President pursuant to the Act entitled `An Act authorizing cash relief 
for certain employees of the Panama Canal not coming within the 
provisions of the Canal Zone Retirement Act', approved July 8, 1937, as 
amended (50 Stat. 478; 68 Stat. 17), may continue the payments of cash 
relief to those individual former employees of the Canal Zone 
Government or Panama Canal Company or their predecessor agencies not 
coming within the scope of the former Canal Zone Retirement Act whose 
services were terminated prior to October 5, 1958, because of unfitness 
for further useful service by reason of mental or physical disability 
resulting from age or disease. Subject to subsection (b) of this 
section, that cash relief may not exceed $1.50 per month for each year 
of service of the employees so furnished relief, with a maximum of $45 
per month, plus the amount of any cost-of-living increases in such cash 
relief granted before October 1, 1979, pursuant to section 181 of title 
2 of the Canal Zone Code (as in effect on September 30, 1979), nor be 
paid to any employee who, at the time of termination for disability 
prior to October 5, 1958, had less than 10 years' service with the 
Canal Zone Government, the Panama Canal Company, or their predecessor 
agencies on the Isthmus of Panama.''.
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    (2) Subject to subsection (b), cash relief under this 
subsection may not exceed $1.50 per month for each year of 
service of the employees so furnished relief, with a maximum of 
$45 per month, plus the amount of any cost-of-living increases 
in such cash relief granted before October 1, 1979, pursuant to 
section 181 of title 2 of the Canal Zone Code (as in effect on 
September 30, 1979), nor be paid to any employee who, at the 
time of termination for disability prior to October 5, 1958, 
had less than 10 years' service with the Canal Zone Government, 
the Panama Canal Company, or their predecessor agencies on the 
Isthmus of Panama.
    (b) An additional amount of $20 per month shall be paid to 
each person who receives payment of cash relief under 
subsection (a) of this section and shall be allowed without 
regard to the limitations contained therein.
    (c) Each cash relief payment made pursuant to this section 
shall be increased on the same effective date and by the same 
percent, adjusted to the nearest dollar, as civil service 
retirement annuities are increased under the cost-of-living 
adjustment provisions of section 8340(b) of title 5, United 
States Code. Such increase shall apply only to cash relief 
payments made after October 1, 1979, as increased by annuity 
increases made after that date under such section 8340(b).
    (d) The Commission may pay cash relief to the widow of any 
former employee of the Canal Zone Government or the Panama 
Canal Company who, until the time of his death, receives or has 
received cash relief under subsection (a) of this section, 
under section 181 of title 2 of the Canal Zone Code (as in 
effect on September 30, 1979), or under the Act of July 8, 
1937, referred to in such subsection (a). The term ``widow'' as 
used in this subsection includes only the following:
          (1) a woman legally married to such employee at the 
        time of his termination for disability and at his 
        death;
          (2) a woman who, although not legally married to such 
        former employee at the time of his termination, had 
        resided continuously with him for at least five years 
        immediately preceding the employee's termination under 
        such circumstances as would at common law make the 
        relationship a valid marriage and who continued to 
        reside with him until his death; and
          (3) a woman who has not remarried or assumed a 
        common-law relationship with any other person.

Cash relief granted to such a widow shall not at any time 
exceed 50 percent of the rate at which cash relief, inclusive 
of any additional payment under subsection (b) of this section, 
would be payable to the former employee were he then alive.
    (e) Subchapter III of chapter 83 of title 5, United States 
Code, applies with respect to those individuals who were in the 
service of the Canal Zone Government or the Panama Canal 
Company on October 5, 1958, and who, except for the operation 
of section 13(a)(1) of the Act entitled ``An Act to implement 
item 1 of a Memorandum of Understanding attached to the treaty 
of January 25, 1955, entered into by the Government of the 
United States of America and the Government of the Republic of 
Panama with respect to wage and employment practices of the 
Government of the United States of America in the Canal Zone'', 
approved July 25, 1958 (72 Stat. 405), would have been within 
the classes of individuals subject to the Act of July 8, 1937, 
referred to in subsection (a) of this section.
    Sec. 1246.\105\ * * * [Repealed--1996]
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    \105\ Formerly at 22 U.S.C. 3683. Sec. 3546(a)(6) of Public Law 
104-201 (110 Stat. 2867) repealed sec. 1246, relating to appliances 
(such as artificial limbs) for employees injured before September 7, 
1916.
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                          Subchapter V--Leave

    Sec. 1251.\106\ * * * [Repealed--1996]
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    \106\ Part of sec. 1251 amended sec. 6322(a) of title 5, United 
States Code. Sec. 3546(a)(7) of Public Law 104-201 (110 Stat. 2868) 
repealed the remaining portion of sec. 1251, relating to leave for jury 
or witness service.
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            Subchapter VI--Application to Related Personnel

  law enforcement; canal zone civilian personnel policy coordination 
                        board; related employees

    Sec. 1261.\107\ (a) For the purposes of sections 1206, 
1231, 1232, 1241, and 1242 of this Act, including any amendment 
made by those sections, the United States Attorney for the 
District of the Canal Zone and the Assistant United States 
Attorneys and their clerical assistants, and the United States 
Marshal for the District of the Canal Zone and his deputies and 
clerical assistants shall be considered employees of the 
Commission.
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    \107\ 22 U.S.C. 3691.
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    (b) For the purposes of this Act, including any amendment 
made by this Act, the Executive Director of the Canal Zone 
Civilian Personnel Policy Coordinating Board, the Manager, 
Central Examining Office, and their staffs shall be considered 
to have been employees of the Panama Canal Company with respect 
to service in those positions before October 1, 1979, and as 
employees of the Commission with respect to service in those 
positions on or after that date.
    (c) The provisions of this section shall take effect on the 
date of the enactment of this Act.

               Subchapter VII--Labor-Management Relations

                       labor-management relations

    Sec. 1271.\108\ (a) Nothing in this Act shall be construed 
to affect the applicability of chapter 71 of title 5, United 
States Code, relating to labor-management and employee 
relations, with respect to the Commission or the operations of 
any other Executive agency conducted in that area of the 
Republic of Panama which, on September 30, 1979, was the Canal 
Zone, except that in applying those provisions--
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    \108\ 22 U.S.C. 3701.
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          (1) the definition of ``employee'' shall be applied 
        without regard to clause (i) of section 7103(a)(2) of 
        such title 5 which relates to nationality and 
        citizenship; \109\
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    \109\ Sec. 3505 of the National Defense Authorization Act for 
Fiscal Year 1994 (title XXXV--Panama Canal Commission Authorization Act 
for Fiscal Year 1994; Public Law 103-160; 107 Stat. 1966), struck out 
``and'' at the end of para. (1); struck out ``supervisors.'' at the end 
of para. (2), inserting in lieu thereof ``supervisors; and''; and added 
new para. (3).
    Sec. 3506 of that Act further provided that paragraph (3) ``shall 
take effect on the date of the enactment of this Act [November 30, 
1993] and shall apply with respect to grievances arising on or after 
such date.''.
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          (2) a unit shall be considered to be appropriate 
        notwithstanding the fact that it includes any 
        supervisor if that supervisor's position (or type of 
        position) was, before October 1, 1979, represented 
        before the Panama Canal Company by a labor organization 
        that included employees who were not supervisors; and 
        \109\
          (3) \109\ any negotiated grievance procedures under 
        section 7121 of title 5, United States Code, including 
        any provisions relating to binding arbitration, shall, 
        with respect to any personnel action to which 
        subchapter II of chapter 75 of such title applies (as 
        determined under section 7512 of such title), be 
        available to the same extent and in the same manner as 
        if employees of the Panama Canal Commission were not 
        excluded from such subchapter under section 7511(b)(8) 
        of such title.
    (b) Labor-management and employee relations of the 
Commission, other Executive agencies, and the Smithsonian 
Institution, their employees, and organizations of those 
employees, in connection with operations conducted in that area 
of the Republic of Panama which, on September 30, 1979, was the 
Canal Zone, shall be governed and regulated solely by the 
applicable laws, rules, and regulations of the United States.
    (c) \110\ (1) This subsection applies to any matter that 
becomes the subject of collective bargaining between the 
Commission and the exclusive representative for any bargaining 
unit of employees of the Commission during the period beginning 
on the date of the enactment of this subsection and ending on 
the Canal Transfer Date.
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    \110\ Sec. 3527 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2068) 
added subsec. (c).
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    (2)(A) The resolution of impasses resulting from collective 
bargaining between the Commission and any such exclusive 
representative during that period shall be conducted in 
accordance with such procedures as may be mutually agreed upon 
between the Commission and the exclusive representative 
(without regard to any otherwise applicable provisions of 
chapter 71 of title 5, United States Code). Such mutually 
agreed upon procedures shall become effective upon transmittal 
by the Chairman of the Supervisory Board of the Commission to 
the Congress of notice of the agreement to use those procedures 
and a description of those procedures.
    (B) The Federal Services Impasses Panel shall not have 
jurisdiction to resolve any impasse between the Commission and 
any such exclusive representative in negotiations over a 
procedure for resolving impasses.
    (3) If the Commission and such an exclusive representative 
do not reach an agreement concerning a procedure for resolving 
impasses with respect to a bargaining unit and transmit notice 
of the agreement under paragraph (2) on or before July 1, 1998, 
the following shall be the procedure by which collective 
bargaining impasses between the Commission and the exclusive 
representative for that bargaining unit shall be resolved:
          (A) If bargaining efforts do not result in an 
        agreement, either party may timely request the Federal 
        Mediation and Conciliation Service to assist in 
        achieving an agreement.
          (B) If an agreement is not reached within 45 days 
        after the date on which either party requests the 
        assistance of the Federal Mediation and Conciliation 
        Service in writing (or within such shorter period as 
        may be mutually agreed upon by the parties), the 
        parties shall be considered to be at an impasse and the 
        Federal Mediation and Conciliation Service shall 
        immediately notify the Federal Services Impasses Panel 
        of the Federal Labor Relations Authority, which shall 
        decide the impasse.
          (C) If the Federal Services Impasses Panel fails to 
        issue a decision within 90 days after the date on which 
        notice under subparagraph (B) is received by the Panel 
        (or within such shorter period as may be mutually 
        agreed upon by the parties), the efforts of the Panel 
        shall be terminated.
          (D) In such a case, the Chairman of the Panel (or 
        another member in the absence of the Chairman) shall 
        immediately determine the matter by a drawing 
        (conducted in such manner as the Chairman (or, in the 
        absence of the Chairman, such other member) determines 
        appropriate) between the last offer of the Commission 
        and the last offer of the exclusive representative, 
        with the offer chosen through such drawing becoming the 
        binding resolution of the matter.
    (4) In the case of a notice of agreement described in 
paragraph (2)(A) that is transmitted to the Congress as 
described in the second sentence of that paragraph after July 
1, 1998, the impasse resolution procedures covered by that 
notice shall apply to any impasse between the Commission and 
the other party to the agreement that is unresolved on the date 
on which that notice is transmitted to the Congress.

                     Chapter 3--Funds and Accounts

                          Subchapter I--Funds

    Sec. 1301.\111\ * * * [Repealed--1996]
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    \111\ Formerly at 22 U.S.C. 3711. Sec. 3546(a)(8) of Public Law 
104-201 (110 Stat. 2868) repealed sec. 1301, relating to Canal Zone 
Government funds.
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                      panama canal revolving fund

    Sec. 1302.\112\ (a) There is established in the Treasury of 
the United States a revolving fund to be known as `Panama Canal 
Revolving Fund'. The Panama Canal Revolving Fund shall, subject 
to subsection (b), be available to the Commission to carry out 
the purposes, functions, and powers authorized by this Act, 
including for the following purposes: \113\
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    \112\ 22 U.S.C. 3712. Sec. 3539 of Public Law 104-201 (110 Stat. 
2865) amended and restated sec. 1302.
    Previously, sec. 5422 of the Omnibus Budget Reconciliation Act of 
1987 (Public Law 100-203; 101 Stat. 1330-271) retitled sec. 1302 and 
inserted new text for subsecs. (a) through (e). Other amendments to the 
earlier text were enacted at sec. 9 of Public Law 100-705 (102 Stat. 
4687), sec. 3521(b)(1) of Public Law 102-484 (106 Stat. 2657), and sec. 
3525 of Public Law 104-106 (110 Stat. 640).
    \113\ Sec. 3528(b)(1) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2068) struck out ``for--'' and inserted in lieu thereof ``for the 
following purposes:''. Para. (2) of that subsec. amended paras. (1) 
through (9) by capitalizing the first letter of each word in each para. 
Para. (3) of that subsec. struck out a semicolon at the end of each of 
paras. (1) through (7), and inserted in lieu thereof a period. Para. 
(4) of that subsec. struck out ``; and'' at the end of para. (8) and 
inserted in lieu thereof a period.
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          (1) The hire of passenger motor vehicles and 
        aircraft.
          (2) Uniforms or allowances therefor.
          (3) Official receptions and representation expenses 
        of the Board, the Secretary of the Commission, and the 
        Administrator.
          (4) The operation of guide services.
          (5) A residence for the Administrator.
          (6) Disbursements by the Administrator for employee 
        and community projects.
          (7) The procurement of expert and consultant 
        services.
          (8) Promotional activities, including the 
        preparation, distribution, or use of any kit, pamphlet, 
        booklet, publication, radio, television, film, or other 
        media presentation designed to promote the Panama Canal 
        as a resource of the world shipping industry.
          (9) The purchase and transportation to the Republic 
        of Panama of passenger motor vehicles, including large, 
        heavy-duty vehicles.
          (10) \114\ Payment to the Panama Canal Authority, not 
        later than the Canal Transfer Date, of such amount as 
        is computed by the Commission to be the future amount 
        of severance pay to be paid by the Panama Canal 
        Authority to employees whose employment with the 
        Authority is terminated, to the extent that such 
        severance pay is attributable to periods of service 
        performed with the Commission before the Canal Transfer 
        Date (and assuming for purposes of such computation 
        that the Panama Canal Authority, in paying severance 
        pay to terminated employees, will provide for crediting 
        of periods of service with the Commission).
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    \114\ Sec. 3528(a) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2069) 
added para. (10).
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  (b)(1) There shall be deposited in the Panama Canal Revolving 
Fund, on a continuing basis, toll receipts (other than amounts 
of toll receipts deposited into the Panama Canal Commission 
Dissolution Fund under section 1305) and all other receipts of 
the Commission. Except as provided in section 1303, no funds 
may be obligated or expended by the Commission in any fiscal 
year unless such obligation or expenditure has been 
specifically authorized by law.
    (2) No funds may be authorized for the use of the 
Commission, or obligated or expended by the Commission in any 
fiscal year; in excess of--
          (A) the amount of revenues deposited in the Panama 
        Canal Revolving Fund and the Panama Canal Commission 
        Dissolution Fund during such fiscal year; plus
          (B) the amount of revenues deposited in the Panama 
        Canal Revolving Fund before such fiscal year and 
        remaining unobligated at the beginning of such fiscal 
        year; plus
          (C) the $100,000,000 borrowing authority provided for 
        in section 1304 of this Act.
Not later than 30 days after the end of each fiscal year, the 
Secretary of the Treasury shall report to the Congress the 
amount of revenues deposited in the Panama Canal Revolving Fund 
during such fiscal year.
    (c) With the approval of the Secretary of the Treasury, the 
Commission may deposit amounts in the Panama Canal Revolving 
Fund in any Federal Reserve bank, any depositary for public 
funds, or such other place and in such manner as the Commission 
and the Secretary may agree.
    (d)(1) It is the sense of the Congress that the additional 
costs resulting from the implementation of the Panama Canal 
Treaty of 1977 and related agreements should be kept to the 
absolute minimum level. To this end, the Congress declares 
appropriated costs of implementation to be borne by the 
taxpayers over the life of such Treaty should be kept to a 
level no greater than the March 1979 estimate of those costs 
($870,700,000) presented to the Congress by the executive 
branch during consideration of this Act by the Congress, less 
personnel retirement costs of $205,000,000, which were 
subtracted and charged to tolls, therefore resulting in net 
taxpayer cost of approximately $665,700,000, plus appropriate 
adjustments for inflation.
    (2) It is further the sense of the Congress that the actual 
costs of implementation be consistent with the obligations of 
the United States to operate the Panama Canal safely and 
efficiently and keep it secure.

                          emergency authority

    Sec. 1303.\115\ If authorizing legislation described in 
section 1302(b)(1) \116\ has not been enacted for a fiscal 
year, then the Commission may withdraw funds from the Panama 
Canal Revolving Fund in order to defray emergency expenses and 
to ensure the continuous, efficient, and safe operation of the 
Panama Canal, including expenses for capital projects.\117\ The 
authority of this section may be exercised only until 
authorizing legislation described in section 1302(b)(1) \116\ 
is enacted, or for a period of 24 months after the end of the 
fiscal year for which such authorizing legislation was last 
enacted, whichever occurs first. Within 60 days after the end 
of any calendar quarter in which expenditures are made under 
this section, the Commission shall report such expenditures to 
the appropriate committees of the Congress.
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    \115\ 22 U.S.C. 3713. Sec. 5423 of the Omnibus Budget 
Reconciliation Act of 1987 (Public Law 100-203; 101 Stat. 1330-273) 
amended the title and substantially restated sec. 1303. Earlier text 
authorized the Secretary of the Treasury to establish and maintain a 
Panama Canal Emergency Fund.
    \116\ Sec. 3548(b)(2) of Public Law 104-201 (110 Stat. 2869) struck 
out ``section 1302(c)(1)'' and inserted in lieu thereof ``section 
1302(b)(1)''.
    \117\ Sec. 3529(2) of Public Law 104-106 (110 Stat. 642) struck out 
``The authority of this section may not be used for administrative 
expenses.'' at this point.
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                          borrowing authority

    Sec. 1304.\118\ (a) The Panama Canal Commission may borrow 
from Treasury, for any of the purposes of the commission, not 
more than $100,000,000 outstanding at any time. For this 
purpose, the Commission may issue to the Secretary of the 
Treasury its notes or other obligations--
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    \118\ 22 U.S.C. 3714. Sec. 5424(a) of the Omnibus Budget 
Reconciliation Act of 1987 (Public Law 100-203; 101 Stat. 1330-273) 
added sec. 1304.
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          (1) which shall have maturities (of not later than 
        December 31, 1999) agreed upon by the Commission and 
        the Secretary of the Treasury, and
          (2) which may be redeemable at the option of the 
        Commission before maturity.
    (b) Amounts borrowed under this section shall not be 
available for payments to Panama under Article XIII of the 
Panama Canal Treaty of 1977.
    (c) Amounts borrowed under this section shall increase the 
investment of the United States in the Panama Canal, and 
repayment of such amount shall decrease such investment.
    (d) The Commission shall report to the Congress and to the 
Office of Management and Budget on each exercise of borrowing 
authority under this section.

                       dissolution of commission

    Sec. 1305.\119\ (a)(1) The Commission shall conduct a study 
of--
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    \119\ 22 U.S.C. 3714a. Added by sec. 3521(a) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
Stat. 2656).
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          (A) the costs associated with the dissolution of the 
        Commission, including the composition, location, and 
        costs of the office authorized to be established under 
        subsection (b); and
          (B) costs and liabilities incurred or administered by 
        the Commission that will not be paid before the date of 
        that dissolution.
    (2) The Commission shall submit to the Congress, by not 
later than September 30, 1996, a report on the findings and 
conclusions of the study under this subsection. The report 
shall include an estimate of the period of time which may be 
required to close out the affairs of the Commission after the 
termination of the Panama Canal Treaty of 1977.
    (b) The Commission shall during fiscal year 1998 establish 
an office to close out the affairs of the Commission that are 
still pending after the termination of the Panama Canal Treaty 
of 1977.
    (c)(1) There is established in the Treasury of the United 
States a fund to be known as the ``Panama Canal Commission 
Dissolution Fund'' (hereinafter in this section referred to as 
the ``Fund''). The Fund shall be managed by the Commission 
until the termination of the Panama Canal Treaty of 1977 and by 
the office established under subsection (b) thereafter.
    (2)(A) Subject to paragraph (5), the Fund shall be 
available after September 30, 1998, to pay--
          (i) the costs of operating the office established 
        under subsection (b); and
          (ii) the costs and liabilities associated with 
        dissolution of the Commission, including such costs 
        incurred or identified after the termination of the 
        Panama Canal Treaty of 1977.
    (B) Payments from the Fund made during the period beginning 
on October 1, 1998, and ending with the termination of the 
Panama Canal Treaty of 1977 shall be subject to the approval of 
the Board provided for in section 1102.
    (3) The Fund shall consist of--
          (A) such amounts as may be deposited into the Fund by 
        the Commission, from amounts collected as toll 
        receipts, to pay the costs described in paragraph (2); 
        and
          (B) amounts credited to the Fund under paragraph (4).
    (4)(A) The Secretary of the Treasury shall invest excess 
amounts in the Fund in public debt securities with maturities 
suitable to the needs of the Fund, as determined by the manager 
of the Fund.
    (B) Securities invested under subparagraph (A) shall bear 
interest at rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketable obligations of the United States of comparable 
maturity.
    (C) Interest earned on securities invested under 
subparagraph (A) shall be credited to and form part of the 
Fund.
    (5)(A) \120\ Amounts in the Fund may not be obligated or 
expended in any fiscal year unless the obligation or 
expenditure is specifically authorized by law.
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    \120\ Sec. 3504 of the Panama Canal Commission Authorization Act 
for Fiscal Year 2000 (title XXXV of Public Law 106-65; 113 Stat. 975) 
added subpara. designation ``(A)'' and added subpara. (B).
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    (B) \120\ The office established by subsection (b) is 
authorized to expend or obligate funds from the Fund for the 
purposes enumerated in clauses (i) and (ii) of paragraph (2)(A) 
until October 1, 2004.
    (6) The Fund shall terminate on October 1, 2004. Amounts in 
the Fund on that date shall be deposited in the general fund of 
the Treasury of the United States.

                                printing

    Sec. 1306.\121\ (a) Sections 501 through 517 and 1101 
through 1123 \122\ of title 44, United States Code, shall not 
apply to direct purchase by the Commission for its use of 
printing, binding, and blank-book work in the Republic of 
Panama when the Commission determines that such direct purchase 
is in the best interest of the Government.
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    \121\ 22 U.S.C. 3714b. Sec. 3540 of Public Law 104-201 (110 Stat. 
2866) added sec. 1306.
    \122\ Sec. 3549 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2073) 
struck out ``Section 501'' and inserted in lieu thereof ``Sections 501 
through 517 and 1101 through 1123''.
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    (b) This section shall not affect the Commission's 
authority, under chapter 5 of title 44, United States Code, to 
operate a field printing plant.

             Subchapter II--Accounting Policies and Audits

                          accounting policies

    Sec. 1311.\123\ (a) The Commission shall establish and 
maintain its accounts pursuant to chapter 91 of title 31, 
United States Code,\124\ and the provisions of this chapter. 
Such accounts shall specify all revenues received by the 
Commission, including tolls for the use of the Panama Canal, 
expenditures for capital replacement, expansion, and 
improvement, and all costs of maintenance and operation of the 
Panama Canal and of its complementary works, installations, and 
equipment, including depreciation, payments to the Republic of 
Panama under the Panama Canal Treaty of 1977, and interest on 
the investment of the United States calculated in accordance 
with section 1603 of this Act.
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    \123\ 22 U.S.C. 3721.
    \124\ Sec. 3541(a) of Public Law 104-201 (110 Stat. 2866) struck 
out ``the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)'' 
and inserted in lieu thereof ``chapter 91 of title 31, United States 
Code,''.
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    (b) The Commission may issue regulations establishing the 
basis of accounting for the assets which are made available for 
the use of the Commission. Such regulations may provide for 
depreciation of the net replacement value of the assets which 
will ultimately require replacement to maintain the service 
capacity of the Panama Canal. Such regulations may also provide 
the depreciation of such assets be recorded ratably over their 
service lives.
    Sec. 1312.\125\ * * * [Repealed--1995]
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    \125\ Formerly at 22 U.S.C. 3722. Repealed by sec. 2201(a) of 
Public Law 104-66 (109 Stat. 707). Sec. 1312 required the Commission to 
report annually to the President and to the Congress on finances, 
maintenance, and operation of the Panama Canal during the preceding 
fiscal year.
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                                 audits

    Sec. 1313.\126\ (a) Notwithstanding any other provision of 
law, and subject to subsection (c),\127\ financial transactions 
\128\ of the Commission shall be audited by the Comptroller 
General of the United States (hereinafter in this Act referred 
to as the ``Comptroller General'').\129\ In conducting such 
audit,\130\ the appropriate representatives of the Comptroller 
General shall have access to all books, accounts, financial 
records, reports, files, and other papers, items, or property 
in use by the Commission and necessary to facilitate such 
audit, and such representative shall be afforded full 
facilities for verifying transactions with the balances or 
securities held by depositories, fiscal agents, and custodians. 
Any such audit \131\ shall first be conducted with respect to 
the fiscal year in which this Act becomes effective. An audit 
performed under this section is subject to the requirements of 
paragraphs (2), (3), and (5) of section 9105(a) of title 31, 
United States Code.\132\
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    \126\ 22 U.S.C. 3723. Section heading, amended by sec. 3526(a)(1) 
of Public Law 104-106 (110 Stat. 640) formerly read ``audits by the 
comptroller general of the united states''.
    \127\ Sec. 3512(a)(3) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2271) struck out ``subsection (d)'' and inserted in lieu thereof 
``subsection (c)''.
    \128\ Sec. 3526(a)(2)(A) of Public Law 104-106 (110 Stat. 640) 
struck out ``Financial transactions'' and inserted in lieu thereof 
``Notwithstanding any other provision of law, and subject to subsection 
(d), financial transactions''.
    \129\ Sec. 3526(a)(2)(B) of Public Law 104-106 (110 Stat. 640) 
struck out ``pursuant to the Accounting and Auditing Act of 1950 (31 
U.S.C. 65 et seq.)''. Sec. 3541(b) of Public Law 104-201 (110 Stat. 
2867) made a similar amendment, striking out ``the Accounting and 
Auditing Act of 1950 (31 U.S.C. 65 et seq.)'' in subsections (a) and 
(c) and inserting in lieu thereof ``chapter 91 of title 31, United 
States Code,''. This second amendment has not been executed here.
    \130\ Sec. 3526(a)(2)(C) of Public Law 104-106 (110 Stat. 640) 
struck out ``any audit pursuant to such Act'' and inserted in lieu 
thereof ``such audit''.
    \131\ Sec. 3526(a)(2)(D) of Public Law 104-106 (110 Stat. 640) 
struck out ``An audit pursuant to such Act'' and inserted in lieu 
thereof ``Any such audit''.
    \132\ Sec. 3526(a)(2)(E) of Public Law 104-106 (110 Stat. 640) 
added this last sentence.
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    (b) Subject to subsection (c),\127\ the Comptroller General 
\133\ shall, not later than six months after the end of each 
fiscal year, submit to the Congress a report of the audit 
conducted pursuant to subsection (a) of this section with 
respect to such fiscal year. Such report shall set forth the 
scope of the audit and shall include--
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    \133\ Sec. 3526(a)(3) of Public Law 104-106 (110 Stat. 641) struck 
out ``The Comptroller General'' and inserted in lieu thereof ``Subject 
to subsection (d), the Comptroller General''. Subsequently, sec. 
3512(a)(3) of the Panama Canal Commission Authorization Act for Fiscal 
Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2271) struck out 
``subsection (d)'' and inserted in lieu thereof ``subsection (c)''.
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          (1) a statement of assets and liabilities, capital, 
        and surplus or deficit, based on the accounts of the 
        Commission established pursuant to this chapter.
          (2) a statement of income and expenses,
          (3) a statement of sources and application of funds,
          (4) a statement listing all direct and indirect costs 
        incurred by the United States in implementing the 
        Panama Canal Treaty of 1977, including the cost of 
        property transferred to the Republic of Panama during 
        each fiscal year, and
          (5) such comments and information as the Comptroller 
        General considers necessary to keep the Congress 
        informed of the operations and financial transactions 
        of the Commission, together with such recommendations 
        with respect to such operations and transactions as the 
        Comptroller General considers advisable.
The report shall identify specifically any program, 
expenditure, or other financial transaction or undertaking 
observed in the course of the audit which, in the opinion of 
the Comptroller General, has been carried out or made and has 
not been authorized by law. The Comptroller General shall 
submit a copy of each such report to the President, the 
Secretary of the Treasury, and the Commission.
    (c) \134\ At the discretion of the Board provided for in 
section 1102, the Commission may hire independent auditors to 
perform, in lieu of the Comptroller General, the audit and 
reporting functions prescribed in subsections (a) and (b).
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    \134\ Sec. 3526(a)(4) of Public Law 104-106 (110 Stat. 641) added 
these subsecs. as subsecs. (d) and (e). Sec. 3546(a)(9) of Public Law 
104-201 (110 Stat. 2868) subsequently repealed subsec. (c), and sec. 
3546(b) of that Act redesignated subsecs. (d) and (e) as subsecs. (c) 
and (d).
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    (d) \134\ In addition to auditing the financial statements 
of the Commission, the Comptroller General (or the independent 
auditor if one is employed pursuant to subsection (c)) \133\ 
shall, in accordance with standards for an examination of a 
financial forecast established by the American Institute of 
Certified Public Accountants, examine and report on the 
Commission's financial forecast that it will be in a position 
to meet its financial liabilities on December 31, 1999.

                  Subchapter III--Interagency Accounts

                  interagency services; reimbursements

    Sec. 1321.\135\ (a) The Commission shall reimburse the 
Employees' Compensation Fund, Bureau of Employee's 
Compensation, Department of Labor, for the benefit payments to 
the Commission's employees, and shall also reimburse other 
Government departments and agencies for payments of a similar 
nature made on its behalf.
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    \135\ 22 U.S.C. 3731.
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    (b) The Department of Defense shall reimburse the 
Commission for amounts expended by the Commission in 
maintaining defense facilities in standby condition for the 
Department of Defense.
    (c) Notwithstanding any other provision of law, funds 
appropriated (for any fiscal year beginning after September 30, 
1979) to or for the use of the Department of Defense, or to any 
other department or agency of the United States as may be 
designated by the President to carry out the purposes of this 
subsection, shall be available for--
          (1) conducting the educational and health care 
        activities, including kindergartens and college, 
        carried out by the Canal Zone Government and the Panama 
        Canal Company before October 1, 1979,\136\ and
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    \136\ Sec. 3550(d)(2)(A) of the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-85 
(111 Stat. 2074) struck out ``the effective date of this Act'' and 
inserted in lieu thereof ``October 1, 1979''.
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          (2) providing the services related thereto to the 
        categories of persons to which such services were 
        provided before October 1, 1979.\137\
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    \137\ Sec. 3550(d)(2)(B) of the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-85 
(111 Stat. 2074) struck out ``such effective date'' and inserted in 
lieu thereof ``October 1, 1979''.
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Notwithstanding any other provision of law, the Department of 
Defense, or any department or agency designated by the 
President to provide health care services to those categories 
of persons referred to in this subsection, shall provide such 
services to such categories of persons on a basis no less 
favorable than that applied to its own employees and their 
dependents.
    (d) Amounts expended for furnishing services referred to in 
subsection (c) of this section to persons eligible to receive 
them, less amounts payable by such persons, shall be fully 
reimbursable to the department or agency furnishing the 
services, except to the extent that such expenditures are the 
responsibility of that department or agency. The \138\ funds of 
the Commission shall be available for such reimbursements on 
behalf of--
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    \138\ Sec. 3529(3) of Public Law 104-106 (110 Stat. 642) struck out 
``appropriations or''.
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          (1) employees of the Commission, and
          (2) other persons authorized to receive such services 
        who are eligible to receive them pursuant to the Panama 
        Canal Treaty of 1977 and related agreements.
The appropriations or funds of any other department or agency 
of the United States conducting operations in the Republic of 
Panama, including the Smithsonian Institution, shall be 
available for reimbursements on behalf of employees of such 
department or agency and their dependents.
    (e) \139\ * * * [Repealed--1999]
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    \139\ Sec. 3507 of the Panama Canal Commission Authorization Act 
for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2269) 
repealed subsec. (e), relating to the defraying of health care and 
education costs, effective 11:59 p.m. (Eastern Standard Time), December 
30, 1999. Previously, subsec. (e) was comprehensively amended and 
restated by sec. 5(c) of Public Law 99-223 (99 Stat. 1739).
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    (f) For purposes of the reimbursement of the United States 
by the Republic of Panama for the salaries and other employment 
costs of employees of the Commission who are assigned to assist 
the Republic of Panama in the operation of activities which are 
transferred to that Government as a result of any provision of 
the Panama Canal Treaty of 1977 and related agreements which 
reimbursement is provided for in paragraph 8 of Article 10 of 
that Treaty, the Commission shall be deemed to be the United 
States of America.
    (g) Notwithstanding any other provision of law, the 
President, through the appropriate department or agency of the 
United States, shall, until January 1, 2000, operate the 
educational institution known as the ``Canal Zone College''. 
Such institution shall continue to provide, insofar as 
practicable, the level of services which it offered immediately 
before the effective date of this Act.
    (h) \140\ Except as expressly provided in this Act, funds 
available to the Panama Canal Commission may not be made 
available to any other agency as that term is defined in 
section 551 of title 5, United States Code, nor may funds be 
authorized or appropriated for any function other than Panama 
Canal Commission activities.
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    \140\ Sec. 8 of Public Law 100-705 (102 Stat. 4686) added subsec. 
(h).
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                     Subchapter IV--Postal Matters

                             postal service

    Sec. 1331.\141\ The Commission shall take possession of and 
administer the funds of the Canal Zone postal service and shall 
assume its obligations.
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    \141\ 22 U.S.C. 3741. Sec. 3543 of Public Law 104-201 (110 Stat. 
2867) amended and restated sec. 1331.
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    (b) Effective December 1, 1999, neither the Commission nor 
the United States Government shall be responsible for the 
distribution of any accumulated unpaid balances relating to 
Canal Zone postal-savings deposits, postal-savings 
certificates, and postal money orders.
    (c) Mail addressed to the Canal Zone from or through the 
continental United States may be routed by the United States 
Postal Service to the military post offices of the United 
States Armed Forces in the Republic of Panama. Such military 
post offices shall provide the required directory services and 
shall accept such mail to the extent permitted under the Panama 
Canal Treaty of 1977 and related agreements. The Commission 
shall furnish personnel, records, and other services to such 
military post offices to assure wherever appropriate the 
distribution, rerouting, or return of such mail.

           Subchapter V--Accounts With the Republic of Panama

                   payments to the republic of panama

    Sec. 1341.\142\ (a) The Commission shall pay to the 
Republic of Panama those payments required under paragraph 5 of 
Article III and paragraph 4 of Article XIII of the Panama Canal 
Treaty of 1977. Payments made under paragraph 5 of Article III 
of such Treaty shall be audited annually by the Comptroller 
General and any overpayment, as determined in accordance with 
Understanding (1) incorporated in the Resolution of 
Ratification of the Panama Canal Treaty (adopted by the United 
States Senate on April 18, 1978), for the service described in 
that paragraph which are provided shall be refunded by the 
Republic of Panama or set off against amounts payable by the 
United States to the Republic of Panama under paragraph 5 of 
Article III of the Panama Canal Treaty of 1977.
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    \142\ 22 U.S.C. 3751.
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    (b) In determining whether operating revenues exceed 
expenditures for the purpose of payments to the Republic of 
Panama under paragraph 4(c) of Article XIII of the Panama Canal 
Treaty of 1977, such operating revenues in a fiscal period 
shall be reduced by (1) all costs of such period as shown by 
the accounts established pursuant to section 1311 of this Act, 
and (2) the cumulative sum from prior years (beginning with the 
year in which the Panama Canal Treaty of 1977 enters into 
force) of any excess of costs of the Panama Canal Commission 
over operating revenues.
    (c) The President shall not accede to any interpretation of 
paragraph 1 of Article IX of the Panama Canal Treaty of 1977 
which would permit the Republic of Panama to tax retroactively 
organizations and businesses operating, and citizens of the 
United States living, in the Canal Zone before the effective 
date of this Act.
    (d) Any accumulated unpaid balance under paragraph 4(c) of 
Article XIII of the Panama Canal Treaty of 1977 at the 
termination of such Treaty shall be payable only to the extent 
of any operating surplus in the last year of the Treaty's 
duration, and nothing in such paragraph may be construed as 
obligating the United States to pay after the date of the 
termination of the Treaty any such unpaid balance which has 
accrued before such date.
    (e) As provided in section 1602(b) of this Act, tolls shall 
not be prescribed at rates calculated to cover payments to the 
Republic of Panama pursuant to paragraph 4(c) of Article XIII 
of the Panama Canal Treaty of 1977. Moreover, no payments may 
be made to the Republic of Panama under paragraph 4(c) of 
Article XIII of the Panama Canal Treaty of 1977 unless 
unexpended funds are used to pay all costs of operation and 
maintenance of the canal, including but not limited to (1) 
operating expenses determined in accordance with generally 
accepted accounting principles, (2) payments to the Republic of 
Panama under paragraphs 4(a) and 4(b) of such Article XIII and 
under paragraph (5) of Article III of such Treaty, (3) amounts 
in excess of depreciation and amortization which are programmed 
for plant replacement, expansion, and improvements, (4) 
payments to the Treasury of the United States under section 
1603 of this Act, (5) reimbursement to the Treasury of the 
United States for costs incurred by other departments and 
agencies of the United States in providing educational, health, 
and other services to the Commission, its employees and their 
dependents, and other categories of persons in accordance with 
section 1321 of this Act, (6) any costs of Treaty 
implementation associated with the maintenance and operation of 
the Panama Canal, and (7) amounts programmed to meet working 
capital requirements.\143\
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    \143\ Sec. 5426 of Public Law 100-203 (101 Stat. 1330-274) added 
clause (7).
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    (f) The prohibitions contained in this section and in 
sections 1302(b) \144\ and 1503 of this Act shall apply 
notwithstanding any other provisions of law authorizing 
transfers of funds between accounts, reprogramming of funds, 
use of funds for contingency purposes, or waivers of 
prohibitions.
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    \144\ Sec. 3548(b)(3) of Public Law 104-201 (110 Stat. 2869), as 
amended by sec. 3512(b) of Public Law 105-261 (112 Stat. 2271), struck 
out ``sections 1302(c)'' and inserted in lieu thereof ``sections 
1302(b)''. Subsequently, sec. 3550(d)(7) of the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-85 
(111 Stat. 2074) made the same amendment.
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    (g) \145\ Notwithstanding any other provision of law, no 
reduction under any order issued pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985 shall apply to 
the Commission if the implementation of such an order would 
result in a payment to the Republic of Panama under paragraph 
4(c) of Article XIII of the Panama Canal Treaty of 1977 and 
this section.
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    \145\ Sec. 6 of Public Law 99-368 (100 Stat. 776) added subsec. 
(g).
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                transactions with the republic of panama

    Sec. 1342.\146\ (a) \147\ The Commission may, on a 
reimbursable basis, provide to the Republic of Panama 
materials, supplies, equipment, work, or services, including 
water and electric power, requested by the Republic of Panama, 
at such rates as may be agreed upon by the Commission and the 
Republic of Panama. Payment for such materials, supplies, 
equipment, work, or services may be made by direct payment by 
the Republic of Panama to the Commission or by offset against 
amounts due the Republic of Panama by the United States.
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    \146\ 22 U.S.C. 3752.
    \147\ Sec. 3542 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2072) 
added subsec. designation ``(a)'', and added new subsecs. (b) and (c).
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    (b) The Commission may provide office space, equipment, 
supplies, personnel, and other in-kind services to the Panama 
Canal Authority on a nonreimbursable basis.
    (c) Any executive department or agency of the United States 
may, on a reimbursable basis, provide to the Panama Canal 
Authority materials, supplies, equipment, work, or services 
requested by the Panama Canal Authority, at such rates as may 
be agreed upon by that department or agency and the Panama 
Canal Authority.

                            disaster relief

    Sec. 1343.\148\ If an emergency arises because of disaster 
or calamity by flood, hurricane, earthquake, fire, pestilence, 
or like cause, not foreseen or otherwise provided for, and 
occurring in the Republic of Panama in such circumstances as to 
constitute an actual or potential hazard to health, safety, 
security, or property in the areas and installations made 
available to the United States pursuant to the Panama Canal 
Treaty of 1977 and related agreements, the Commission may 
expend funds available \149\ to the Commission for such 
purpose, and utilize or furnish materials, supplies, equipment 
and services for relief, assistance, and protection.
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    \148\ 22 U.S.C. 3753.
    \149\ Sec. 5428(b) of Public Law 100-203 (101 Stat. 1330-274) 
struck out ``available funds appropriated'' and inserted in lieu 
thereof ``funds available''.
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   congressional restraints on property transfer and tax expenditures

    Sec. 1344.\150\ (a) The Congress enacts this section in the 
exercise of its authority under Article IV, section 3, clause 2 
of the Constitution of the United States to dispose of and make 
necessary rules and regulations with respect to property of the 
United States.
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    \150\ 22 U.S.C. 3754.
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    (b) Prior to the transfer of property of the United States 
located in the Republic of Panama to the Republic of Panama 
pursuant to section 1504 of this Act, the President shall 
formally advise the Government of Panama that--
          (1) in fulfilling its obligations under the Panama 
        Canal Treaty of 1977, the United States shall make no 
        payments to the Republic of Panama derived from tax 
        revenues of the United States;
          (2) the United States retains full discretion and 
        authority to determine whether and the extent to which 
        tax revenues of the United States may be expended in 
        exercising United States rights and carrying out United 
        States responsibilities under the Panama Canal Treaty 
        of 1977 and related agreements;
          (3) no tax revenues of the United States shall be 
        made available for obligations and expenditures after 
        the effective date of this Act for purposes of 
        implementing the Panama Canal Treaty of 1977 and 
        related agreements, unless hereafter specifically 
        approved by the Congress through the authorization and 
        appropriation process;
          (4) the total amount expended by the Commission from 
        funds available to or for the use of the Commission 
        shall not exceed the total amount deposited in the 
        Panama Canal Revolving Fund; \151\ and
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    \151\ The words ``available'' and ``Revolving Fund'' were added in 
lieu of ``appropriated'' and ``Commission Fund'' by sec. 5428(c) of 
Public Law 100-203 (101 Stat. 1330-274).
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          (5) the foregoing paragraphs of this subsection do 
        not apply to expenditures made by the United States in 
        fulfilling United States obligations to transfer the 
        remains of our honored dead from Mount Hope Cemetery in 
        the former Canal Zone to an appropriate and dignified 
        place in accordance with Reservation 3 to the Treaty 
        Concerning the Permanent Neutrality and Operation of 
        the Panama Canal.

         Chapter 4--Claims for Injuries to Persons or Property

                    Subchapter I--General Provisions

                     settlement of claims generally

    Sec. 1401.\152\ (a) Subject to the provisions of this 
chapter, the Commission may adjust and pay claims for injury 
to, or loss of, property or for personal injury or death, 
arising from the operation of the Panama Canal or related 
facilities and appurtenances.
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    \152\ 22 U.S.C. 3761.
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    (b) \153\ The Commission may pay not more than $50,000 on 
any claim described in subsection (a).
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    \153\ Subsec. (b) was amended and restated by sec. 5417(a) of title 
V of the Omnibus Reconciliation Act of 1987 (Public Law 100-203; 101 
Stat. 1330-271).
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    (c) An award made to a claimant under this section shall be 
payable out of any moneys \154\ made available to the 
Commission. The acceptance by the claimant of the award shall 
be final and conclusive on the claimant, and shall constitute a 
complete release by the claimant of his claim against the 
United States and against any employee of the United States 
acting in the course of his employment who is involved in the 
matter giving rise to the claim.
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    \154\ Sec. 3529(4) of Public Law 104-106 (110 Stat. 642) struck out 
``appropriated for or'' at this point.
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    (d) Except as provided in section 1416 of this Act, no 
action for damages on claims cognizable under this chapter 
shall be against the United States or the Commission, and no 
such action shall lie against any officer or employee of the 
United States. Neither this section nor section 1416 of this 
Act shall preclude actions against officers or employees of the 
United States for injuries resulting from their acts outside 
the scope of their employment or not in the line of their 
duties, or from their acts committed with the intent to injure 
the person or property of another.
    (e) The provisions of section 1346(b) of title 28, United 
States Code, and the provisions of chapter 171 of such title 
shall not apply to claims cognizable under this chapter.

                      Subchapter II--Vessel Damage

                       injuries in locks of canal

    Sec. 1411.\155\ (a) Subject to section 1419(b) of this Act 
and \156\ to subsection (b) of this section, the Commission 
shall promptly adjust and pay damages for injuries to vessels, 
or to the cargo, crew, or passengers of vessels, which may 
arise by reason of their passage through the locks of the 
Panama Canal \157\ when the injury was proximately caused by 
negligence or fault on the part of an officer or employee of 
the United States acting within the scope of his employment and 
in the line of his duties in connection with the operation of 
the Canal. If the negligence or fault of the vessel, master, 
crew, or passengers proximately contributed to the injury, the 
award of damages shall be diminished in proportion to the 
negligence to fault attributable to the vessel, master, crew, 
or passengers. Damages may not be allowed and paid for injuries 
to any protrusion beyond any portion of the hull of a vessel, 
whether it is permanent or temporary in character. A vessel is 
considered to be passing through the locks of the Canal, under 
the control of officers or employees of the United States, from 
the time the first towing line is made fast on board before 
entrance into the locks and until the towing lines are cast off 
upon, or immediately prior to, departure from the lock chamber. 
No payment for damages on a claim may be made under this 
section unless the claim is filed with the commission within 
one year after the date of the injury or November 18, 1998, 
whichever is later.\158\
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    \155\ 22 U.S.C. 3771.
    \156\ Sec. 3509(a)(1) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2270) inserted ``to section 1419(b) of this Act and'' after 
``Subject''.
    \157\ The language from this point to the end of the sentence was 
added by sec. 2(a) of Public Law 99-209 (99 Stat. 1716). Sec. 2(a) also 
deleted a sentence previously appearing at this point which read: 
``Damages may not be paid where the injury was proximately caused by 
the negligence or fault of the vessel, master, crew, or passengers.''.
    \158\ This sentence was added by sec. 2(a) of Public Law 99-209 (99 
Stat. 1716.) Sec. 3543(a) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2072) struck out ``within 2 years after the date of the injury, or 
within 1 year after the date of the enactment of the Panama Canal 
Amendments Act of 1985,'' and inserted in lieu thereof ``within one 
year after the date of the injury or the date of the enactment of the 
Panama Canal Transition Facilitation Act of 1997,''. Sec. 3512(a)(4) of 
the Panama Canal Commission Authorization Act for Fiscal Year 1999 
(title XXXV of Public Law 105-261; 112 Stat. 2271) struck out ``the 
date of the enactment of the Panama Canal Transition Facilitation Act 
of 1997'' and inserted in lieu thereof ``November 18, 1998''.
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    (b) \159\ (1) With respect to a claim under subsection (a) 
for damages for injuries to a vessel or its cargo, if, at the 
time the injuries were incurred, the navigation or movement of 
the vessel was not under the control of a Panama Canal pilot, 
the Commission may pay not more than $50,000 on the claim,\160\ 
unless the injuries were caused by another vessel under the 
control of a Panama Canal pilot.
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    \159\ Subsec. (b) was added by sec. 2(b) of Public Law 99-209 (99 
Stat. 1716).
    \160\ The words ``pay not more than $50,000 on the claim'' were 
substituted in lieu of ``adjust and pay the claim only if the amount of 
the claim does not exceed $50,000'' by sec. 5417(b) of Public Law 100-
203 (101 Stat. 1330-271).
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    (2) The provisions of subsections (c) through (e) of 
section 1401 of this Act shall apply to any claim described in 
paragraph (1).

                         injuries outside locks

    Sec. 1412.\161\ Subject to section 1419(b) of this Act, the 
Commission \162\ shall promptly adjust and pay damages for 
injuries to vessels, or to the cargo, crew, or passengers of 
vessels which may arise by reason of their presence in the 
Panama Canal, or waters adjacent thereto, other than the locks, 
when the injury was proximately caused by negligence or fault 
on the part of an officer or employee of the United States 
acting within the scope of his employment and in the line of 
his duties in connection with the operation of the Canal.\163\ 
No payment for damages on a claim may be made under this 
section unless the claim is filed with the Commission within 
one year after the date of the injury or November 18, 1998, 
whichever is later.\164\ If the negligence or fault of the 
vessel, master, crew, or passengers proximately contributed to 
the injury, the award of damages shall be diminished in 
proportion to the negligence or fault attributable to the 
vessel, master, crew, or passengers. In the case of a vessel 
which is required by or pursuant to regulations prescribed 
pursuant to section 1801 of this Act to have a Panama Canal 
pilot on duty aboard, damages may not be adjusted and paid for 
injuries to the vessel, or its cargo, crew, or passengers, 
incurred while the vessel was underway and in motion, unless at 
the time the injuries were incurred the navigation or movement 
of the vessel was under the control of a Panama Canal pilot.
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    \161\ 22 U.S.C. 3772.
    \162\ Sec. 3509(a)(2) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2270) struck out ``The Commission'' and inserted in lieu thereof 
``Subject to section 1419(b) of this Act, the Commission''.
    \163\ Sec. 2(c)(1) of Public Law 99-209 (99 Stat. 1716) struck out 
``, and when the amount of the claim does not exceed $120,000'' at this 
point.
    \164\ This sentence was added by sec. 2(c)(2) of Public Law 99-209 
(99 Stat. 1716). Sec. 3543(a) of the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-85 
(111 Stat. 2072) ``within 2 years after the date of the injury, or 
within 1 year after the date of the enactment of the Panama Canal 
Amendments Act of 1985,'' and inserted in lieu thereof ``within one 
year after the date of the injury or the date of the enactment of the 
Panama Canal Transition Facilitation Act of 1997,''. Sec. 3512(a)(4) of 
the Panama Canal Commission Authorization Act for Fiscal Year 1999 
(title XXXV of Public Law 105-261; 112 Stat. 2271) struck out ``the 
date of the enactment of the Panama Canal Transition Facilitation Act 
of 1997'' and inserted in lieu thereof ``November 18, 1998''.
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                      measure of damages generally

    Sec. 1413.\165\ In determining the amount of the award of 
damages for injuries to a vessel for which the Commission is 
determined to be liable there may be included--
---------------------------------------------------------------------------
    \165\ 22 U.S.C. 3773.
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          (1) the actual or estimated cost of repairs;
          (2) charter hire actually lost by the owners, or 
        charter hire actually paid, depending upon the terms of 
        the charter party, for the time the vessel is 
        undergoing repairs;
          (3) maintenance of the vessel and wages of the crew, 
        if they are found to be actual additional expenses or 
        losses incurred outside of the charter hire; and
          (4) other expenses which are definitely and 
        accurately shown to have been incurred necessarily and 
        by reason of the accident or injuries.
Agent's fees, or commissions, or other incidental expenses of 
similar character, or any items which are indefinite, 
indeterminable, speculative, or conjectural may not be allowed. 
The Commission shall be furnished such vouchers, receipts, or 
other evidence as may be necessary in support of any item of a 
claim. If a vessel is not operated under charter but by the 
owner directly, evidence shall be secured if available as to 
the sum for which vessels of the same size and class can be 
chartered in the market. If the charter value cannot be 
determined, the value of the vessel to its owners in the 
business in which it was engaged at the time of the injuries 
shall be used as a basis for estimating the damages for the 
vessel's detention; and the books of the owners showing the 
vessel's earnings about the time of the accident or injuries 
shall be considered as evidence of probable earnings during the 
time of detention. If the books are unavailable, such other 
evidence shall be furnished as may be necessary.

             delays for which no responsibility is assumed

    Sec. 1414.\166\ The Commission is not responsible, and may 
not consider any claim, for demurrage or delays caused by--
---------------------------------------------------------------------------
    \166\ 22 U.S.C. 3774.
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          (1) landslides or other natural causes;
          (2) necessary construction or maintenance work of 
        Canal locks, terminals, or equipment;
          (3) obstruction arising from accidents;
          (4) time necessary for admeasurement;
          (5) congestion of traffic;
          (6) \167\ investigation of a marine accident that is 
        conducted within 24 hours after the accident occurs, 
        except that any liability of the Commission beyond that 
        24-hour period shall be limited to the extent to which 
        the accident was caused, or contributed to, by the 
        negligence of an employee of the Commission acting 
        within the scope of the employee's official duties; or
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    \167\ Subsec. 6 was comprehensively amended and restated by sec. 3 
of Public Law 99-209 (99 Stat. 1717).
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          (7) except as specially set forth in this subchapter, 
        any other cause.

                          settlement of claims

    Sec. 1415.\168\ The Commission, by mutual agreement, 
compromise, or otherwise, may adjust and determine the amounts 
of the respective awards of damages pursuant to this 
subchapter. Such amounts may be paid only out of money \169\ 
allotted for the maintenance and operation of the Panama 
Canal.\170\ Acceptance by a claimant of the amount awarded to 
him shall be deemed to be in full settlement of such claim 
against the Government of the United States.
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    \168\ 22 U.S.C. 3775. Sec. 4 of Public Law 99-190 (99 Stat. 1717), 
struck out ``Subject to subsection (b) of this section, the Commission, 
by'' and inserted in lieu thereof ``The Commission, by'' at the 
beginning of this section. Sec. 4 also struck out subsec. (b), and 
dropped the paragraph designation for subsec. (a). Subsec. (b) 
previously read as follows:
    ``(b) The Commission shall not adjust and pay any claim for damages 
for injuries arising by reason of the presence of the vessel in the 
Panama Canal or adjacent waters outside the locks where the amount of 
the claim exceeds $120,000 but shall submit the claim to the Congress 
in a special report containing the material facts and the 
recommendation of the Commission thereon.''.
    \169\ Sec. 3529(5) of Public Law 104-106 (110 Stat. 642) struck out 
``appropriated or'' at this point.
    \170\ Sec. 4 of Public Law 99-190 (99 Stat. 1717), struck out 
struck out ``Such amounts shall be payable promptly out of any moneys 
appropriated or allotted for the maintenance and operation of the 
Panama Canal'' and inserted in lieu thereof text beginning ``Such 
amounts * * *''.
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                           actions on claims

    Sec. 1416.\171\ Subject to section 1419(b) of this Act, a 
claimant \172\ for damages pursuant to section 1411(a) or 1412 
\173\ of this Act who considers himself aggrieved by the 
findings, determination, or award of the Commission in 
reference to his claim may bring an action on the claim against 
the Commission in the United States District Court for the 
Eastern District of Louisiana. Subject to the provisions of 
this chapter and of applicable regulations issued pursuant to 
section 1801 of this Act relative to navigation of the Panama 
Canal and adjacent waters, such actions shall proceed and be 
heard by the court without a jury according to the principles 
of law and rules of practice obtaining generally in like cases 
between a private party and a department or agency of the 
United States. Any judgment obtained against the Commission in 
an action under this subchapter may be paid out of money \174\ 
allotted for the maintenance and operation of the Panama Canal. 
An action for damages cognizable under this section shall not 
otherwise lie against the United States or the Commission, nor 
in any other court, than as provided in this section; nor may 
it lie against any officer or employee of the United States or 
of the Commission. Any action on a claim under this section 
shall be barred unless the action is brought within 180 days 
\175\ after the date on which the Commission mails to the 
claimant written notification of the Commission's final 
determination with respect to the within one year after the 
date of the injury or by May 17, 1998,\176\ whichever is later. 
Attorneys appointed by the Commission shall represent the 
Commission in any action arising under this subchapter.\177\
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    \171\ 22 U.S.C. 3776.
    \172\ Sec. 3509(a)(3) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2270) struck out ``A claimant'' and inserted in lieu thereof ``Subject 
to section 1419(b) of this Act, a claimant''.
    \173\ Sec. 5(1) of Public Law 99-209 (99 Stat. 1717) struck out 
``1411'' and inserted in lieu thereof ``1411(a) or 1412'' here.
    \174\ Sec. 5(2) of Public Law 99-209 (99 Stat. 1717) inserted ``may 
be paid out of money'' in lieu of ``shall be paid out of any moneys''. 
Sec. 3529(6) of Public Law 104-106 (110 Stat. 642) struck out 
``appropriated or'' after ``money''.
    \175\ Sec. 3543(b)(1) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2072) struck out ``one year'' and inserted in lieu thereof ``180 
days''.
    \176\ Sec. 3543(b)(2) of the Panama Canal Transition Facilitation 
Act of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 
2072) struck out ``claim, or within one year after the date of the 
enactment of the Panama Canal Amendments Act of 1985,'' and inserted in 
lieu thereof ``within one year after the date of the injury or the date 
of the enactment of the Panama Canal Transition Facilitation Act of 
1997,''. Sec. 3512(a)(5) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2271) struck out ``the date of the enactment of the Panama Canal 
Transition Facilitation Act of 1997'' and inserted in lieu thereof ``by 
May 17, 1998''.
    \177\ The final two sentences of sec. 1416 were added by sec. 5(3) 
of Public Law 99-209 (99 Stat. 1717).
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        investigation of accident or injury giving rise to claim

    Sec. 1417.\178\ Notwithstanding any other provision of law, 
a claim may not be considered under this subchapter, or an 
action for damages lie thereon, unless, prior to the departure 
from the Panama Canal of the vessel involved--
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    \178\ 22 U.S.C. 3777.
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          (1) \179\ an investigation of the accident or injury 
        giving rise to the claim has been completed, which 
        shall include a hearing by the Board of Local 
        Inspectors of the Commission; and
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    \179\ Sec. 3544 of Public Law 104-201 (110 Stat. 2867) amended and 
restated para. (1).
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          (2) the basis for the claim has been laid before the 
        Commission.

                       board of local inspectors

    Sec. 1418.\180\ (a) The President shall provide for the 
establishment of a Board of Local Inspectors of the Panama 
Canal Commission which shall perform, in accordance with 
regulations prescribed by the President--
---------------------------------------------------------------------------
    \180\ 22 U.S.C. 3778.
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          (1) the investigations required by section 1417 of 
        this Act; and
          (2) such other duties with respect to marine matters 
        as may be assigned by the President.
    (b) In conducting any investigation pursuant to subsection 
(a) of this section, the Board of Local Inspectors established 
pursuant to such subsection may summon witnesses, administer 
oaths, and require the production of books and papers necessary 
for such investigation.

                               insurance

    Sec. 1419.\181\ (a) \182\ The Commission is authorized to 
purchase insurance to protect the Commission against major and 
unpredictable revenue losses or expenses arising from 
catastrophic marine accidents or other unpredictable 
events.\183\
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    \181\ 22 U.S.C. 3779. Sec. 6(a) of Public Law 99-209 (99 Stat. 
1717) added sec. 1419.
    \182\ Sec. 3509(b) of the Panama Canal Commission Authorization Act 
for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2270) 
added subsec. designation ``(a)'' and added subsec. (b).
    \183\ The words ``or other unpredictable events'' were added by 
sec. 5414 of the Omnibus Budget Reconciliation Act of 1987 (Public Law 
100-203; 101 Stat. 1330-270).
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    (b) \182\ (1) The Commission may by regulation require as a 
condition of transit through the Panama Canal or presence in 
the Panama Canal or waters adjacent thereto that any potential 
claimant under section 1411 or 1412 of this Act be covered by 
insurance against the types of injuries described in those 
sections. The amount of insurance so required shall be 
specified in those regulations, but may not exceed $1,000,000.
    (2) In a claim under section 1411 or 1412 of this Act for 
which the Commission has required insurance under this 
subsection, the Commission's liability shall be limited to the 
amount of damages in excess of the amount of insurance required 
by the Commission.
    (3) In regulations under this subsection, the Commission 
may prohibit consideration or payment by it of claims presented 
by or on behalf of an insurer or subrogee of a claimant in a 
case for which the Commission has required insurance under this 
subsection.

                       Chapter 5--Public Property

             assets and liabilities of panama canal company

    Sec. 1501.\184\ All property and other assets of the Panama 
Canal Company shall revert to the United States on the 
effective date of this Act, and, except as otherwise provided 
by law, the United States shall assume the liabilities, 
including contractual obligations, of the Panama Canal Company 
then outstanding. The Commission may use such property, 
facilities, and records of the Panama Canal Company as are 
necessary to carry out its functions.
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    \184\ 22 U.S.C. 3781.
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             transfers and cross-servicing between agencies

    Sec. 1502.\185\ (a) In the interest of economy and maximum 
efficiency in the utilization of property and facilities of the 
United States, there are authorized to be transferred between 
departments and agencies of the United States, with or without 
reimbursement, such facilities, buildings, structures, 
improvement, stock, and equipment located in the Republic of 
Panama, and used for their activities therein, as may be 
mutually agreed upon by the departments and agencies involved 
and approved by the President of the United States or his 
designee.
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    \185\ 22 U.S.C. 3782.
---------------------------------------------------------------------------
    (b) The Commission may enter into cross-serving agreements 
with any other department or agency of the United States for 
the use of facilities, furnishing of services, or performance 
of functions.
    (c) The Commission, any department or agency of the United 
States, or any United States court in the Republic of Panama is 
authorized to transfer to the Government of the Republic of 
Panama any record of such Commission, department, agency, or 
court, or copy thereof, including any record acquired from the 
Canal Zone Government or Panama Canal Company (including any 
vital statistics record), to any other department, agency, or 
court of the United States if such action is determined by the 
Commission, the head of the department or agency concerned, or 
the judge of the court concerned to be in the interest of the 
United States. Transfer of any record or copy thereof under 
this section to the Government of the Republic of Panama shall 
be made under the coordination of and with the approval of the 
United States Ambassador to the Republic of Panama.
    (d) The provisions of this section shall apply to the 
Smithsonian Institution.

              disposition of property of the united states

    Sec. 1503.\186\ No property of the United States located in 
the Republic of Panama may be disposed of except pursuant to 
law enacted by the Congress.
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    \186\ 22 U.S.C. 3783.
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                     transfer of property to panama

    Sec. 1504.\187\ (a)(1) On the date on which the Panama 
Canal Treaty of 1977 enters into force, the Secretary of State 
may convey to the Republic of Panama the Panama Railroad and 
such property located in the area which, immediately before 
such date, comprised the Canal Zone and which is not within the 
land and water areas the use of which is made available to the 
United States pursuant to the Panama Canal Treaty of 1977 and 
related agreements.
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    \187\ 22 U.S.C. 3784.
---------------------------------------------------------------------------
    (2) Property transferred pursuant to paragraph (1) of this 
subsection may not include buildings and other facilities, 
except housing, located outside such areas, the use of which is 
retained by the United States pursuant to the Panama Canal 
Treaty of 1977 and related agreements.
    (b) With respect to the transfer of all other property (not 
described in subsection (a)(1) of this section) to be 
transferred in accordance with the terms of the Panama Canal 
Treaty of 1977 and related agreements, the Secretary of State 
may convey such property from time to time in accordance with 
the terms of such Treaty and related agreements. Before \188\ 
the transfer of any such property, the President must submit a 
written report to the Congress--
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    \188\ Sec. 7 of Public Law 99-223 (99 Stat. 1740) struck out ``At 
least 180 days before'' and inserted in lieu thereof ``Before''.
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          (1) precisely identifying and describing the 
        particular property to be transferred;
          (2) certifying the state of compliance by the 
        Republic of Panama with such Treaty and related 
        agreements; and
          (3) setting forth the reasons for the conveyance 
        being made at the particular time.
    (c) The Panama Canal, and such other property referred to 
in paragraph 2(d) of Article XIII of the Panama Canal Treaty of 
1977 that has not been previously transferred in accordance 
with paragraphs 2(a), 2(b), and 2(c) of such Article, shall not 
be transferred to the Republic of Panama prior to December 31, 
1999.

              Chapter 6--Tolls for Use of the Panama Canal

          prescription of measurement rules and rates of tolls

    Sec. 1601.\189\ (a) The President is authorized, subject to 
the provisions of this chapter, to prescribe and from time to 
time change--
---------------------------------------------------------------------------
    \189\ 22 U.S.C. 3791. Sec. 3527 of Public Law 104-106 (110 Stat. 
641) amended and restated sec. 1601.
---------------------------------------------------------------------------
          (1) the rules for the measurement of vessels for the 
        Panama Canal; and
          (2) the tolls that shall be levied for use of the 
        Panama Canal.

                             bases of tolls

    Sec. 1602.\190\ (a) Tolls on merchant vessels, army and 
navy transports, colliers, tankers, hospital ships, and supply 
ships \191\ shall be based on net vessel tons of one hundred 
cubic feet each of actual earning capacity, or its 
equivalent,\192\ determined in accordance with the rules for 
the measurement of vessels for the Panama Canal, and tolls on 
other floating craft shall be based on displacement tonnage. 
The tolls on vessels in ballast without passengers or cargo may 
be less than the tolls for vessels with passengers or cargo. 
Tolls for small vessels (including yachts), as defined by the 
Commission, may be set at rates determined by the Commission 
without regard to the preceding provisions of this 
subsection.\193\
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    \190\ 22 U.S.C. 3792.
    \191\ Sec. 3544(1) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2072) 
struck out ``supply ships, and yachts'' and inserted in lieu thereof 
``and supply ships''.
    \192\ Sec. 3513 of Public Law 102-484 (106 Stat. 2657) inserted ``, 
or its equivalent,'' at this point.
    \193\ Sec. 3544(2) of the Panama Canal Transition Facilitation Act 
of 1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2072) 
added this sentence.
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    (b) Tolls shall be prescribed at rates calculated to 
produce revenues to cover as nearly as practicable all costs of 
maintaining and operating the Panama Canal (including costs 
authorized to be paid from the Panama Canal Dissolution Fund 
under section 1305(c)),\194\ together with the facilities and 
appurtenances related thereto, including unrecovered costs 
incurred on or after the effective date of this Act, interest, 
depreciation, working capital,\195\ payments to the Republic of 
Panama pursuant to paragraph 5 of Article III and paragraph 4 
(a) and (b) of Article XIII of the Panama Canal Treaty of 1977, 
and capital for plant replacement, expansion, and improvements. 
Tolls shall not be prescribed at rates calculated to produce 
revenues sufficient to cover payments to the Republic of Panama 
pursuant to paragraph 4(c) of Article XIII of the Panama Canal 
Treaty of 1977.
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    \194\ Sec. 3521(b)(2) of Public Law 102-484 (106 Stat. 2657) struck 
out ``Panama Canal,'' and inserted in lieu thereof ``Panama Canal 
(including costs authorized to be paid from the Panama Canal 
Dissolution Fund under section 1305(c)),''.
    \195\ The words ``working capital'' were added by sec. 5427 of 
Public Law 100-203 (101 Stat. 1330-274).
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    (c) Vessels operated by the United States, including 
vessels of war and auxiliary vessels, and ocean-going training 
ships owned by the United States and operated by State nautical 
schools, shall pay tolls.
    (d) The levy of tolls is subject to the provisions of 
section 1 of Article III of the treaty between the United 
States of America and Great Britain signed November 18, 1901, 
of Article I of the treaty between the United States of America 
and the Republic of Colombia signed April 6, 1914, and of 
Articles II, III, and VI of the Treaty Concerning Permanent 
Neutrality and Operation of the Panama Canal, between the 
United States of America and the Republic of Panama, signed 
September 7, 1977.

                        calculation of interest

    Sec. 1603.\196\ (a) For purposes of sections 1311 and 1602 
of this Act, interest shall be computed, at the rate determined 
by the Secretary of the Treasury, on the investment of the 
United States in the Panama Canal as shown in the accounts of 
the Panama Canal Company at the close of business on the day 
preceding the effective date of this Act, and as adjusted in 
accordance with subsections (b) and (c) of this section. 
Capital investment for interest purposes shall not include any 
interest during construction.
---------------------------------------------------------------------------
    \196\ 22 U.S.C. 3793.
---------------------------------------------------------------------------
    (b) The investment of the United States described in 
subsection (a) of this section--
          (1) shall be increased by--
                  (A) the amount of expenditures from the 
                Panama Canal Revolving Fund \197\, and
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    \197\ The words ``Panama Canal Revolving Fund'' were substituted in 
lieu of ``appropriations to the Commission made on or after the 
effective date of this Act'' by sec. 5425 of title V of Public Law 100-
203 (101 Stat. 1330-274).
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                  (B) the value of property transferred to the 
                Commission by any other department or agency of 
                the United States, as determined in accordance 
                with subsection (c) of this section; and
          (2) shall be decreased by--
                  (A) \198\ the amount of the funds deposited 
                in the Panama Canal Revolving Fund,
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    \198\ The words ``deposited in the Panama Canal Revolving Fund'' 
were substituted in lieu of ``covered into the Panama Canal Commission 
Fund pursuant to section 1302 of this Act'' by sec. 5425 of Public Law 
100-203 (101 Stat. 1330-274). Previously, sec. 2 of Public Law 99-195 
(99 Stat. 1349) had substituted the words ``Panama Canal Commission 
Fund'' in lieu of ``Treasury''.
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                  (B) the value of property transferred to the 
                Republic of Panama pursuant to this or any 
                other Act on or after the date on which the 
                Panama Canal Treaty of 1977 enters into force, 
                and
                  (C) the value of property transferred by the 
                Commission to any other department or agency of 
                the United States.
    (c) The value of property transferred to the Commission by 
any other department or agency of the United States shall be 
determined by the Director of the Office of Management and 
Budget. In computing such value, such Director shall give due 
consideration to the cost and probable earning power of the 
transferred property, or the usable value to the Commission if 
clearly less than cost, and shall make adequate provisions for 
depreciation, obsolescence, and other determinable decreases in 
value. Insofar as practicable, the value of such transferred 
property shall exclude any portion of such value properly 
allocable to national defense.
    (d) \199\ The Panama Canal Commission shall pay to the 
Treasury of the United States interest on the investment of the 
United States, as determined under this section. Such interest 
shall be deposited in the general fund of the Treasury.
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    \199\ Subsec. (d) was added by sec. 5425(a)(3) of Public Law 100-
203 (101 Stat. 1330-274).
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                               procedures

    Sec. 1604.\200\ (a) The Commission shall publish in the 
Federal Register notice of any proposed change in the rules of 
measurement or rates of tolls referred to in section 1601 \201\ 
of this Act. The Commission shall give interested parties an 
opportunity to participate in the proceedings through 
submission of written data, views, or arguments, and 
participation in a public hearing to be held not less than 30 
days after the date of publication of the notice. The notice 
shall include the substance of the proposed change and a 
statement of the time, place, and nature of the proceedings. At 
the time of publication of such notice, the Commission shall 
make available to the public an analysis showing the basis and 
justification for the proposed change, which, in the case of a 
change in rates of tolls, shall indicate the conformity of the 
existing and proposed rates of tolls with the requirements of 
section 1602 of this Act, and the Commission's adherence to the 
requirement for full consideration of the following factors set 
forth in Understanding (1) incorporated in the Resolution of 
Ratification of the Treaty Concerning the Permanent Neutrality 
and Operation of the Panama Canal (adopted by the United States 
Senate on March 16, 1978):
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    \200\ 22 U.S.C. 3794.
    \201\ Sec. 3528(1) of Public Law 104-106 (110 Stat. 641) struck out 
``1601(a)'' and inserted in lieu thereof ``1601''.
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          (1) the costs of operating and maintaining the Panama 
        Canal;
          (2) the competitive position of the use of the Canal 
        in relation to other means of transportation;
          (3) the interests of the United States and the 
        Republic of Panama in maintaining their domestic 
        fleets;
          (4) the impact of such a change in rates of tolls on 
        the various geographical areas of each of the two 
        countries; and
          (5) the interests of both countries in maximizing 
        their international commerce.
    (b) After consideration of the relevant matter presented, 
the Commission may revise the proposed rules of measurement or 
rates of tolls, as the case may be, except that, in the case of 
rates of tolls, if such revision proposes rates greater than 
those originally proposed, a new analysis of the proposed rates 
shall be made available to the public, and a new notice of the 
revised proposal shall be published in the Federal Register 
apprising interested persons of the opportunity to participate 
further in the proceedings through submission of written data, 
views, or arguments, and participation in a public hearing to 
be held not less than 30 days after the date of publication of 
the new notice. The procedure set forth in this subsection 
shall be followed for any subsequent revision of the proposed 
rates of tolls by the Commission which proposes rates higher 
than those in the preceding proposal.
    (c) \202\ After the proceedings have been conducted 
pursuant to subsections (a) and (b), the Commission may change 
the rules of measurement or rates of tolls, as the case may be. 
The Commission shall publish notice of any such change in the 
Federal Register not less than 30 days before the effective 
date of the change.
---------------------------------------------------------------------------
    \202\ Sec. 3528(2) of Public Law 104-106 (110 Stat. 641) amended 
and restated subsec. (c).
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    (d) \203\ Action to change the rules of measurement for the 
Panama Canal or the rates of tolls for the use of the Canal 
pursuant to this chapter shall be subject to judicial review in 
accordance with chapter 7 of title 5, United States Code.
---------------------------------------------------------------------------
    \203\ Sec. 3528(3) of Public Law 104-106 (110 Stat. 641) struck out 
subsecs. (d) and (e), and redesignated subsec. (f) as subsec. (d).
---------------------------------------------------------------------------
    Sec. 1605.\204\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \204\ Formerly at 22 U.S.C. 3795. Sec. 3546(a)(1) of Public Law 
104-201 (110 Stat. 2867) repealed sec. 1605, relating to interim toll 
adjustment.
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                     Chapter 7--General Regulations

    Sec. 1701.\205\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \205\ Formerly at 22 U.S.C. 3801. Sec. 3546(a)(2) of Public Law 
104-201 (110 Stat. 2867) repealed sec. 1701, relating to the authority 
of the President to prescribe certain regulations.
---------------------------------------------------------------------------
    Sec. 1702.\206\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \206\ Formerly at 22 U.S.C. 3802. Sec. 3546(a)(3) of Public Law 
104-201 (110 Stat. 2867) repealed sec. 1702, relating to the authority 
of the Panama Canal Commission to prescribe certain regulations.
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                   Chapter 8--Shipping and Navigation

                    Subchapter I--Operation of Canal

                         operating regulations

    Sec. 1801.\207\ The Commission \208\ may prescribe, and 
from time to time amend, regulations governing--
---------------------------------------------------------------------------
    \207\ 22 U.S.C. 3811.
    \208\ Sec. 3545 of Public Law 104-201 (110 Stat. 2867) struck out 
``President'' and inserted in lieu thereof ``Commission''.
---------------------------------------------------------------------------
          (1) the operation of the Panama Canal;
          (2) the navigation of the harbors and other waters of 
        the Panama Canal and areas adjacent thereto, including 
        the ports of Balboa and Cristobal;
          (3) the passage and control of vessels through the 
        Panama Canal or any part thereof, including the locks 
        and approaches thereto;
          (4) pilotage in the Panama Canal or the approaches 
        thereto through the adjacent waters; and
          (5) the licensing of officers or other operators of 
        vessels navigating the waters of the Panama Canal and 
        areas adjacent thereto, including the ports of Balboa 
        and Cristobal.

                  Subchapter II--Inspection of Vessels

                     vessels subject to inspection

    Sec. 1811.\209\ With the exception of private vessels 
merely transiting the Panama Canal, and of public vessels of 
all nations, vessels navigating the waters of the Panama Canal 
shall be subject to an annual inspection of hulls, boilers, 
machinery, equipment, and passenger accommodations.
---------------------------------------------------------------------------
    \209\ 22 U.S.C. 3821.
---------------------------------------------------------------------------

                            foreign vessels

    Sec. 1812.\210\ With respect to a foreign vessel of a 
country which has inspection laws approximating those of the 
United States, any such vessel having an unexpired certificate 
of inspection duly issued by the authorities of such country 
shall not be subject to an inspection other than that necessary 
to determine whether the vessel, its boilers, and its 
lifesaving equipment are as stated in the certificate of 
inspection. A certificate of inspection may not be accepted as 
evidence of lawful inspection under this section unless similar 
privileges are granted to vessels of the United States under 
the laws of the country to which the vessel belongs.
---------------------------------------------------------------------------
    \210\ 22 U.S.C. 3822.
---------------------------------------------------------------------------

                    regulations governing inspection

    Sec. 1813.\211\ The Commission shall prescribe, and from 
time to time may amend, regulations concerning the inspection 
of vessels conforming as nearly as practicable to the laws and 
regulations governing marine inspection by the United States 
Coast Guard.
---------------------------------------------------------------------------
    \211\ 22 U.S.C. 3823.
    \212\ Sec. 3546(a)(4) of Public Law 104-201 (110 Stat. 2868) 
repealed title II, relating to the Treaty transition period. Sec. 
3546(a)(4) refers to this title as including 22 U.S.C. 3841-3852. Title 
II, in fact, also includes 22 U.S.C. 3831, relating to laws, 
regulations, and administrative authority continued in force during the 
transition.
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    TITLE II--TREATY TRANSITION PERIOD * * * [Repealed--1996] \212\

                     TITLE III--GENERAL PROVISIONS

                      Chapter 1--Procurement \213\

    Sec. 3101.\214\ (a) Panama Canal Acquisition Regulation.--
(1) The Commission shall establish by regulation a 
comprehensive procurement system. The regulation shall be known 
as the ``Panama Canal Acquisition Regulation'' (in this section 
referred to as the ``Regulation'') and shall provide for the 
procurement of goods and services by the Commission in a manner 
that--
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    \213\ Sec. 3541 of the Panama Canal Transition Facilitation Act of 
1997 (subtitle B of title XXXV of Public Law 105-85 (111 Stat. 2070) 
inserted a new chapter 1. Previously, sec. 3546(a)(5) of Public Law 
104-201 (110 Stat. 2868) repealed a former chapter 1 of Title III, 
relating to disinterment, transportation, and reinterment of remains.
    \214\ 22 U.S.C. 3861.
---------------------------------------------------------------------------
          (A) applies the fundamental operating principles and 
        procedures in the Federal Acquisition Regulation;
          (B) uses efficient commercial standards of practice; 
        and
          (C) is suitable for adoption and uninterrupted use by 
        the Republic of Panama after the Canal Transfer Date.
    (2) The Regulation shall contain provisions regarding the 
establishment of the Panama Canal Board of Contract Appeals 
described in section 3102.
    (b) Supplement to Regulation.--The Commission shall develop 
a Supplement to the Regulation (in this section referred to as 
the `Supplement') that identifies both the provisions of 
Federal law applicable to procurement of goods and services by 
the Commission and the provisions of Federal law waived by the 
Commission under subsection (c).
    (c) Waiver Authority.--(1) Subject to paragraph (2), the 
Commission shall determine which provisions of Federal law 
should not apply to procurement by the Commission and may waive 
those laws for purposes of the Regulation and Supplement.
    (2) For purposes of paragraph (1), the Commission may not 
waive--
          (A) section 27 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 423);
          (B) the Contract Disputes Act of 1978 (41 U.S.C. 601 
        et seq.), other than section 10(a) of such Act (41 
        U.S.C. 609(a)); or
          (C) civil rights, environmental, or labor laws.
    (d) Consultation With Administrator for Federal Procurement 
Policy.--In establishing the Regulation and developing the 
Supplement, the Commission shall consult with the Administrator 
for Federal Procurement Policy.
    (e) Effective Date.--The Regulation and the Supplement 
shall take effect on the date of publication in the Federal 
Register, or January 1, 1999, whichever is earlier.

                 panama canal board of contract appeals

    Sec. 3102.\215\ (a) Establishment.--(1) The Secretary of 
Defense, in consultation with the Commission, may \126\ 
establish a board of contract appeals, to be known as the 
Panama Canal Board of Contract Appeals, in accordance with 
section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607). 
Except as otherwise provided by this section, the Panama Canal 
Board of Contract Appeals (in this section referred to as the 
``Board'') shall be subject to the Contract Disputes Act of 
1978 (41 U.S.C. 601 et seq.) in the same manner as any other 
agency board of contract appeals established under that Act.
---------------------------------------------------------------------------
    \215\ 22 U.S.C. 3862.
    \216\ Sec. 3510(a)(1) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2270) struck out ``shall'' and inserted in lieu thereof ``may''.
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    (2) The Board shall consist of three members. At least one 
member of the Board shall be licensed to practice law in the 
Republic of Panama. Individuals appointed to the Board shall 
take an oath of office, the form of which shall be prescribed 
by the Secretary of Defense.
    (3) \217\ Compensation for members of the Board of Contract 
Appeals shall be established by the Commission's supervisory 
board. The annual compensation established for members may not 
exceed the rate of basic pay established for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code. The compensation of a member may not be reduced during 
the member's term of office from the level established at the 
time of the appointment of the member.
---------------------------------------------------------------------------
    \217\ Sec. 3510(a)(2) of the Panama Canal Commission Authorization 
Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 
2270) added para. (3).
---------------------------------------------------------------------------
    (b) Exclusive Jurisdiction To Decide Appeals.--
Notwithstanding section 10(a)(1) of the Contract Disputes Act 
of 1978 (41 U.S.C. 609(a)(1)) or any other provision of law, 
the Board shall have exclusive jurisdiction to decide an appeal 
from a decision of a contracting officer under section 8(d) of 
such Act (41 U.S.C. 607(d)).
    (c) Exclusive Jurisdiction To Decide Protests.--The Board 
shall decide protests submitted to it under this subsection by 
interested parties in accordance with subchapter V of title 31, 
United States Code. Notwithstanding section 3556 of that title, 
section 1491(b) of title 28, United States Code, and any other 
provision of law, the Board shall have exclusive jurisdiction 
to decide such protests. For purposes of this subsection--
          (1) except as provided in paragraph (2), each 
        reference to the Comptroller General in sections 3551 
        through 3555 of title 31, United States Code, is deemed 
        to be a reference to the Board;
          (2) the reference to the Comptroller General in 
        section 3553(d)(3)(C)(ii) of such title is deemed to be 
        a reference to both the Board and the Comptroller 
        General;
          (3) the report required by paragraph (1) of section 
        3554(e) of such title shall be submitted to the 
        Comptroller General as well as the committees listed in 
        such paragraph;
          (4) the report required by paragraph (2) of such 
        section shall be submitted to the Comptroller General 
        as well as Congress; and
          (5) section 3556 of such title shall not apply to the 
        Board, but nothing in this subsection shall affect the 
        right of an interested party to file a protest with the 
        appropriate contracting officer.
    (d) Procedures.--The Board shall prescribe such procedures 
as may be necessary for the expeditious decision of appeals and 
protests under subsections (b) and (c).
    (e) Commencement.--The Board shall begin to function as 
soon as it has been established and has prescribed procedures 
under subsection (d).\218\
---------------------------------------------------------------------------
    \218\ Sec. 3510(b) of the Panama Canal Commission Authorization Act 
for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2270) 
struck out ``, but not later than January 1, 1999''.
---------------------------------------------------------------------------
    (f) Transition.--The Board shall have jurisdiction under 
subsections (b) and (c) over any appeals and protests filed on 
or after the date on which the Board begins to function. Any 
appeals and protests filed before such date shall remain before 
the forum in which they were filed.
    (g) Other Functions.--The Board may perform functions 
similar to those described in this section for such other 
matters or activities of the Commission as the Commission may 
determine and in accordance with regulations prescribed by the 
Commission.

                         Chapter 2--Immigration

                           special immigrants

    Sec. 3201.\219\ * * *
---------------------------------------------------------------------------
    \219\ Sec. 3201(a) and (b) amended several sections of the 
Immigration and Nationality Act. Subsec. (c), repealed by sec. 212(a) 
of Public Law 103-416 (108 Stat. 4314), formerly read as follows:
    ``(c) Notwithstanding any other provision of law, not more than 
15,000 individuals may be admitted to the United States as special 
immigrants under subparagraphs (E), (F), or (G) of section 101(a)(27) 
of the Immigration and Nationality Act, as added by subsection (a) of 
this section, of which not more than 5,000 may be admitted in any 
fiscal year.''.
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 Chapter 3--Reports, Amendments; Repeals and Redesignation; Effective 
                                  Date

                                 report

    Sec. 3301.\220\ Until the termination of the Panama Canal 
Treaty of 1977, the President shall report annually on the 
status of the exercise of the rights and responsibilities of 
the United States under that Treaty. Such report shall include 
a discussion of the following:
---------------------------------------------------------------------------
    \220\ 22 U.S.C. 3871.
---------------------------------------------------------------------------
          (1) The actions taken by the Government of the 
        Republic of Panama with respect to the living 
        conditions of persons who resided in the Canal Zone 
        before the effective date of this Act and who continue 
        to reside in those areas made available to the United 
        States under the Agreement in Implementation of Article 
        III of the Panama Canal Treaty.
          (2) The terms, conditions, and charges for land-use 
        licenses within the canal operating areas specified in 
        the Agreement in Implementation of Article III of the 
        Panama Canal Treaty.
          (3) The condition of former employees (and their 
        dependents) of the Panama Canal Company and the Canal 
        Zone Government who reside in the Republic of Panama on 
        or after the effective date of this Act.

              exemption from metric conversion act of 1975

    Sec. 3302.\221\ The Commission is exempt from the 
provisions of the Metric Conversion Act of 1975 (15 U.S.C. 205a 
et seq.).
---------------------------------------------------------------------------
    \221\ Former sec. 3302 made amendments in several provisions of law 
to conform with this Act. Sec. 3547 of Public Law 104-201 (110 Stat. 
2868) added this new sec. 3302.
---------------------------------------------------------------------------

                       repeals and redesignation

    Sec. 3303.\222\ * * *
---------------------------------------------------------------------------
    \222\ Sec. 3303 repealed or redesignated several provisions of law 
to conform with this Act.
---------------------------------------------------------------------------

                             effective date

    Sec. 3304. Except as provided in sections 1231, 1232, 1241, 
1242, 1261, 1605, 2203, 2402, 3101, and 3201 of this Act, the 
preceding provisions of this Act shall take effect on the date 
on which the Panama Canal Treaty of 1977 enters into 
force.\223\
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    \223\ October 1, 1979.
        b. Panama Canal Commission Compensation Fund Act of 1988

 Public Law 100-705 [H.R. 5287], 102 Stat. 4685, approved November 19, 
1988; amended by the National Defense Authorization Act for Fiscal Year 
1991 [Public Law 101-510; H.R. 4739], 104 Stat. 1485, approved November 
5, 1990; and by the National Defense Authorization Act for Fiscal Year 
1998 [Public Law 105-85; H.R. 1119], 111 Stat. 1629, approved November 
                                18, 1997

 AN ACT To establish the Panama Canal Commission Compensation Fund to 
    provide for the accumulation of funds to meet the Panama Canal 
  Commission's obligations under chapter 81 of title 5, United States 
                     Code, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``Panama Canal Commission 
Compensation Fund Act of 1988''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3601 note.
---------------------------------------------------------------------------

SEC. 2.\2\ ESTABLISHMENT OF COMPENSATION FUND.

    There is established in the Treasury of the United States 
the Panama Canal Commission Compensation Fund (hereafter in 
this Act referred to as the ``Fund'').
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 3715.
---------------------------------------------------------------------------

SEC. 3.\3\ OPERATION OF THE FUND.

    (a) Deposits to the Fund.--The Panama Canal Commission 
shall make deposits on a regular basis to the Fund, beginning 
on October 1, 1988, to accumulate an amount sufficient to 
defray the estimated total cost of liability for the workers' 
compensation benefits and other payments payable under chapter 
81 of title 5, United States Code, for the disability or death 
of employees of the Panama Canal Commission or any of its 
predecessor agencies on account of injuries sustained on or 
before December 31, 1999, except for those claims arising 
before, on, or after October 1, 1988, for which the Secretary 
of Labor has assumed fiscal responsibility.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3715a.
---------------------------------------------------------------------------
    (b) Calculation of Amounts To Be Deposited.--The amounts 
deposited under subsection (a) shall be based upon periodic 
actuarial studies conducted by experts or consultants whose 
services are procured by the Panama Canal Commission by 
contract. The amounts of such deposits shall take into 
consideration interest earnings in accordance with subsection 
(c) of this section and expected cost-of-living adjustments as 
provided in section 8146a of title 5, United States Code, but 
not amounts payable by the Commission for continuation of pay 
pursuant to section 8118 of such title.
    (c) Investment of Amounts in the Fund.--The Secretary of 
the Treasury, upon the request of the Secretary of Labor, shall 
invest moneys in the Fund in public debt securities which shall 
bear interest at rates determined by the Secretary of the 
Treasury, taking into consideration the current average market 
yield on outstanding marketable obligations of the United 
States of comparable maturity. Such interest shall be credited 
to and form part of the Fund.

SEC. 4.\4\ TRANSFERS FROM THE FUND FOR COMPENSATION BENEFITS.

    The Secretary of the Treasury shall, upon request of the 
Secretary of Labor, transfer funds from the Fund to the 
Employees' Compensation Fund to reimburse the Employees' 
Compensation Fund for the total cost of workers' compensation 
benefits and other payments described in section 3(a) that are 
provided on or after October 1, 1988.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3715b.
---------------------------------------------------------------------------

SEC. 5.\5\ FINAL EVALUATION OF THE FUND; DEFICIENCY OR SURPLUS IN THE 
                    FUND.

    (a) Final Evaluation of the Fund.--By March 31, 1998, the 
Secretary of Labor \6\ shall, on the basis of an actuarial 
study conducted by experts or consultants whose services are 
procured by the Secretary of Labor by contract, make a final 
determination of the amounts estimated to be necessary to meet 
expenditures for workers' compensation benefits and other 
payments described in section 3(a), as calculated in accordance 
with the second sentence of section 3(b). Amounts in the Fund 
shall be used to pay for the final determination under this 
subsection.\7\
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 3715c.
    \6\ Sec. 3507(1) of Public Law 101-510 (104 Stat. 1847) struck out 
``Upon the termination of the Panama Canal Commission:'' preceding 
subsec. (a). In subsec. (a), sec. 3507(2)(A) of that Act struck out 
``The Secretary of Labor'' and inserted in lieu thereof ``Upon the 
termination of the Panama Canal Commission, the Secretary of Labor''. 
Subsequently, sec. 3545 of Public Law 105-85 (111 Stat. 2072) struck 
out ``Upon the termination of the Panama Canal Commission'' and 
inserted in lieu thereof ``By March 31, 1998''.
    \7\ Sec. 3507(2)(B) of Public Law 101-510 (104 Stat. 1847) struck 
out `` The Secretary of the Treasury shall, in accordance with such 
final determination, transfer from the Fund to the Employee 
Compensation Fund amounts sufficient to meet expenditures for workers' 
compensation benefits and other payments described in section 3(a).''.
---------------------------------------------------------------------------
    (b) Deficiency or Surplus in the Fund.--If amounts in the 
Fund are not sufficient to meet expenditures as determined by 
the Secretary of Labor under subsection (a) \8\ for workers' 
compensation benefits and other payments described in section 
3(a), then amounts in the Panama Canal Revolving Fund not 
otherwise obligated shall be transferred to the Fund \9\ to 
make up the deficiency. Any amounts remaining in the Fund in 
excess of the final determination amount as described in 
subsection (a) shall be transferred to the Panama Canal 
Revolving Fund, and may be used to satisfy lawful obligations 
of the Revolving Fund arising on or before December 31, 1999.
---------------------------------------------------------------------------
    \8\ Sec. 3507(3)(A) of Public Law 101-510 (104 Stat. 1847) inserted 
``under subsection (a)''.
    \9\ Sec. 3507(3)(B) of Public Law 101-510 (104 Stat. 1847) struck 
out ``Employees Compensation'' before ``Fund''.
---------------------------------------------------------------------------
    (c) \10\ Continuity of the Fund.--(1) Amounts in the Fund 
(including amounts transferred as a result of the final 
determination made under subsection (a)) shall be maintained by 
the Secretary of the Treasury, shall be made available for 
transfer to the Employees' Compensation Fund in such amounts as 
are requested by the Secretary of Labor pursuant to section 4, 
and may be discontinued only in accordance with paragraph (2).
---------------------------------------------------------------------------
    \10\ Sec. 3507(4) of Public Law 101-510 (104 Stat. 1847) added 
subsec. (c).
---------------------------------------------------------------------------
    (2) At such time as the Secretary of Labor certifies that 
no further liability exists for workers compensation benefits 
or other payments described in section 3(a), the Secretary of 
the Treasury may discontinue the Fund in the manner provided by 
law.

SEC. 6.\11\ CONTINUATION OF BENEFITS.

    The provisions of chapter 81 of title 5, United States 
Code, shall, on or after the effective date of this Act, 
continue to be the exclusive remedy, in accordance with section 
8116 of such title, for the disability or death of any employee 
of the Panama Canal Commission, or any of its predecessor 
agencies, who is covered under such chapter, resulting from 
injuries sustained while in the performance of the employee's 
duty. The rights of any such employee for workers' compensation 
benefits shall be based only on the provisions of the chapter.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 3715d.
    \12\ Secs. 7 through 9 amended the Panama Canal Act of 1979.
---------------------------------------------------------------------------

SEC. 7.\12\ * * *

SEC. 8.\12\ * * *

SEC. 9.\12\ * * *

SEC. 10. EFFECTIVE DATE.

    This Act takes effect on October 1, 1988.-
                  c. Panama Canal--Report to Congress

 Partial text of Public Law 100-203 [Omnibus Budget Reconciliation Act 
of 1987, H.R. 3545], 101 Stat. 1330 at 1330-271, approved December 22, 
                                  1987

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

               TITLE V--ENERGY AND ENVIRONMENTAL PROGRAMS

          * * * * * * *

                        Subtitle E--Panama Canal

          * * * * * * *

                  PART 1--PANAMA CANAL REAUTHORIZATION

          * * * * * * *
    Sec. 5418. Report to Congress.
    Out of the funds authorized to be appropriated by this 
part, the Commission \1\ shall prepare and submit to the 
Congress a report on--
---------------------------------------------------------------------------
    \1\ The Panama Canal Commission.
---------------------------------------------------------------------------
          (1) the condition of the Panama Canal and potential 
        adverse effects on United States shipping and commerce;
          (2) the effect on canal operations of the military 
        forces under General Noriega; and
          (3) the Commission's evaluation of the effect on 
        canal operations if the Panamanian Government continues 
        to withhold its consent to major factors in the United 
        States Senate's ratification of the Panama Canal 
        Treaties.
          * * * * * * *
                d. Delegation of Panama Canal Functions

  Executive Order 12215, May 27, 1980, 45 F.R. 36043, 22 U.S.C. 3601 
note; as amended by Executive Order 12652, September 19, 1988, 53 F.R. 
                                 36775

    By the authority vested in me as President of the United 
States of America by the Panama Canal Code (76A Stat. 1), as 
amended, by the Panama Canal Act of 1979 (93 Stat. 452; 22 
U.S.C. 3601 et seq.), and by Section 301 of Title 3 of the 
United States Code, it is hereby ordered as follows:

1-1. The Secretary of Defense.

    1-101. The Secretary of Defense shall develop for the 
President's consideration an appropriate legislative proposal 
as required by Section 3(d) of the Panama Canal Act of 1979 (93 
Stat. 456; 22 U.S.C. 3602(d)). The Secretary of Defense shall 
coordinate development of this proposal with the Secretary of 
State and the heads of other interested Executive agencies.
    1-102. The function vested in the President by Section 
1212(d)(1) of the Panama Canal Act of 1979 (93 Stat. 464; 22 
U.S.C. 3652(d)(1)) to exclude employees of, or positions 
within, the Department of Defense from coverage under any 
provision of subchapter II, Chapter 2 of Title I of the Panama 
Canal Act of 1979, is delegated to the Secretary of Defense.
    1-103. The function vested in the President by Section 
1281(b) of Title 6 of the Panama Canal Code (76A Stat. 455; 6 
P.C.C. 1281(b)), as amended, with respect to areas and 
installations made available to the United States pursuant to 
the Agreement in Implementation of Article IV of the Panama 
Canal Treaty of 1977 is delegated to the Secretary of Defense.
    1-104. The function vested in the President by Section 1701 
of the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801), 
with respect to regulations applicable within the areas and 
installations made available to the United States pursuant to 
the Agreement in Implementation of Article IV of the Panama 
Canal Treaty of 1977, is delegated to the Secretary of Defense.
    1-105. The functions vested in the President by Sections 
1243(c)(1) and 2401 of the Panama Canal Act of 1979 (93 Stat. 
474 and 495; 22 U.S.C. 3681(c)(1) and 3851) are delegated to 
the Secretary of Defense.
    1-106. The functions vested in the President by Section 
1502(a) of the Panama Canal Act of 1979 (93 Stat. 488; 22 
U.S.C. 3782(a)) are delegated to the Secretary of Defense.

1-2. Coordination of Pay and Employment Practices.

    1-201. In order to coordinate the policies and activities 
of agencies under subchapter II of Chapter 2 of Title I of the 
Panama Canal Act of 1979 (93 Stat. 463; 22 U.S.C. 3651 et 
seq.), each agency shall periodically consult with the 
Secretary of Defense with respect to the establishment of rates 
of pay, in order to develop compatible or unified systems of 
basic pay. In addition, each agency shall consult with the 
Secretary of Defense on such other matters as the Secretary may 
deem appropriate in order to develop compatible or unified 
employment practices.
    1-202. The head of each agency shall, upon approval by the 
Secretary of Defense, adopt a schedule of basic pay pursuant to 
Section 1215 of the Panama Canal Act of 1979 (93 Stat. 465; 22 
U.S.C. 3655) and adopt regulations governing other matters 
relating to pay and employment practices.
    1-203. The authority vested in the President by Section 
1223(a) of the Panama Canal Act of 1979 to coordinate the 
policies and activities of agencies (93 Stat. 467; 22 U.S.C. 
3663(a)) is delegated to the Secretary of Defense. The 
Secretary shall exercise such functions in a manner which is in 
accord with the provisions of Sections 1-201 and 1-202 of this 
Order.

1-3. Panama Canal Commission.

    1-301. The functions vested in the President and delegated 
to the Secretary of Defense in this Section 1-3 of this Order 
shall be carried out by the Secretary of Defense, who shall, in 
carrying out the said functions, provide, by redelegation or 
otherwise, for their performance, in a manner consistent with 
paragraph 3 of Article III of the Panama Canal Treaty of 1977, 
by the Panama Canal Commission.
    1-302. The authority of the President under Section 1104 of 
the Panama Canal Act of 1979 (93 Stat. 457; 22 U.S.C. 3614) to 
fix the compensation of and to define the authorities and 
duties of the Deputy Administrator and the Chief Engineer is 
delegated to the Secretary of Defense.
    1-303. The functions vested in the President by Sections 
1418, 1801, and 2206 of the Panama Canal Act of 1979 (93 Stat. 
487, 492, and 494; 22 U.S.C. 3778, and 3844) are delegated to 
the Secretary of Defense.
    1-304. The authority of the President under Section 1701 of 
the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801) 
with respect to regulations applicable within the areas and 
installations made available to the United States pursuant to 
the Agreement in Implementation of Article III of the Panama 
Canal Treaty of 1977 is delegated to the Secretary of Defense.
    1-305. The function vested in the President by Section 
1281(b) of Title 6 of the Panama Canal Code (76A Stat. 455; 6 
P.C.C. 1281(b)), as amended, with respect to areas and 
installations in the Republic of Panama made available to the 
United States pursuant to the Agreement in Implementation of 
Article III of the Panama Canal Treaty of 1977 is delegated to 
the Secretary of Defense.
    1-306. The function vested in the President by Sections 82 
and 86 of Title 3 of the Panama Canal Code (76A Stat. 54 and 
55; 3 P.C.C. 82 and 86), as amended, are delegated to the 
Secretary of Defense.
    1-307.\1\ * * * [Rescinded--1988]
---------------------------------------------------------------------------
    \1\ Sec. 1 of Executive Order 12652 of September 19, 1988 (53 F.R. 
36775), rescinded sec. 1-307. It formerly read as follows:
    ``The functions vested in the President by subsections (a), (b) and 
(c) of provided: Section 8146 of Title 5 of the United States Code, as 
they apply to the employees of the Panama Canal Commission, are 
delegated to the Secretary of Defense.''.
    Executive Order 12652 also provided:
    ``Sec. 2. The transfer and other exercises of authority made 
pursuant to Section 1-307 of Executive Order 12215 in Department of 
Defense Memorandum, `Implementation of Executive Order 12215, 
``Delegation of Panama Canal Functions'',' July 18, 1980, are 
rescinded.
    ``Sec. 3. This Order shall be effective January 1, 1989.''.
---------------------------------------------------------------------------
    1-308. Except to the extent heretofore delegated, the 
functions vested in the President pursuant to subchapter II of 
Chapter 2 of Title I of the Panama Canal Act of 1979 (93 Stat. 
463) are hereby delegated to the Secretary of Defense.

1-4. Other Agencies.

    1-401. The functions vested in the President by Sections 
1111 and 3301 of the Panama Canal Act of 1979 (93 Stat. 459 and 
497; 22 U.S.C. 3621 and 3871), are delegated to the Secretary 
of State. The Secretary shall perform these functions in 
coordination with the Secretary of Defense.
    1-402. The functions vested in the President by Sections 
1112(d), 1344(b), and 1504(b) of the Panama Canal Act of 1979 
(93 Stat. 460, 484, and 488; 22 U.S.C. 3622(d), 3754(b), and 
3784(b)) are delegated to the Secretary of State.
    1-403. The functions vested in the President by Section 
1243(a)(1) of the Panama Canal Act of 1979 (93 Stat. 473; 22 
U.S.C. 3681(a)(1)) are delegated to the Director of the Office 
of Personnel Management.
    1-404. Paragraphs (22) and (23) of Section 1 of Executive 
Order No. 11609, as amended, and Executive Order No. 11713 are 
revoked.
=======================================================================



 
                      H. UNITED NATIONS AND OTHER


 
                      INTERNATIONAL ORGANIZATIONS

                                CONTENTS

                                                                   Page
 1. United Nations Participation Act of 1945, as amended (Public 
    Law 79-264)..................................................  2207
 2. United Nations Reform Act of 1999 (Public Law 106-113) 
    (partial text)...............................................  2224
 3. United Nations Headquarters Agreement Act (Public Law 80-357)  2235
 4. U.S. Participation in Certain International Organizations 
    (Public Law 81-806) (partial text)...........................  2239
 5. Appropriations Limitation on Contributions to International 
    Organizations (Public Law 92-544) (partial text).............  2240
 6. U.N. Provisions in Foreign Relations Authorization Acts......  2242
 7. United Nations Peacekeeping Forces in the Middle East (Public 
    Law 94-37)...................................................  2243
 8. Response to United Nations Resolution on Zionism.............  2244
 9. United Nations Environment Program Participation Act of 1973 
    (Public Law 93-188)..........................................  2245
 10. Support of Peaceful Settlement of Disputes (Executive Order 
    10206).......................................................  2246
 11. Privileges and Immunities...................................  2247
      a. International Organizations Immunities Act, as amended 
          (Public Law 79-291) (partial text).....................  2247
      b. Extending Certain Privileges to Representatives of 
          Member States on the Council of the Organization of 
          American States (Public Law 82-486, as amended)........  2254
      c. Extending Diplomatic Privileges to the Mission of the 
          Commission of the European Communities (Public Law 92-
          499)...................................................  2255
      d. Extending Diplomatic Privileges to the Liaison Office of 
          the People's Republic of China (Public Law 93-22)......  2256
      e. Extending Certain Privileges to the International 
          Development Law Institute (Public Law 102-511) (partial 
          text)..................................................  2257
      f. Extending Certain Privileges to Hong Kong Economic and 
          Trade Offices (Public Law 105-22)......................  2258
      g. Protection and Prevention of Crimes Against 
          Internationally Protected Persons (18 U.S.C.)..........  2259
      h. U.S. Secret Service.....................................  2267
          (1) Protection of Foreign Diplomatic Missions by the 
              U.S. Secret Service (3 U.S.C. 202, 208)............  2267
          (2) Transfer of Authority to the Secretary of State to 
              Make Reimbursements for Protection of Foreign 
              Missions to International Organizations (Executive 
              Order 12478).......................................  2270
      i. Foreign Sovereign Immunities Act of 1976 (Public Law 94-
          583)...................................................  2271
      j. Diplomatic Relations Act (Public Law 95-393)............  2283
      k. Diplomatic Reciprocity..................................  2286
          (1) Equivalency of Representation between U.S. and 
              Hostile Powers (Public Law 98-618) (partial text)..  2286
          (2) Soviet Employees on U.S. Diplomatic Premises 
              (Public Law 99-93) (partial text)..................  2288
 12. Relating to International Agreements on Children............  2289
      a. Intercountry Adoption Act of 2000 (Public Law 106-279)..  2289
      b. Extradition Treaties Interpretation Act of 1998 (Public 
          Law 105-323)...........................................  2308
      c. International Child Abduction Remedies Act (Public Law 
          100-300)...............................................  2309
      d. Relating to the Implementation of the Convention on the 
          Civil Aspects of International Child Abduction 
          (Executive Order 12648)................................  2315
      e. Child Health Revolution (Public Law 98-198).............  2316

=======================================================================

      1. United Nations Participation Act of 1945, as amended \1\

Public Law 79-264 [S. 1580], 59 Stat. 619, approved December 20, 1945; 
    as amended by Public Law 81-216 [National Security Act Amendments 
    of 1949, H.R. 5632], 63 Stat. 578, approved August 10, 1949; Public 
    Law 81-341 [H.R. 4708], 63 Stat. 734; approved October 10, 1949; 
    Public Law 86-707 [Overseas Differentials and Allowances Act, H.R. 
    7758], 74 Stat. 792, approved September 6, 1960; Public Law 89-206 
    [S. 1903], 79 Stat. 841, approved September 28, 1965; Public Law 
    93-126 [Department of State Appropriations Authorization Act of 
    1973, H.R. 7645], 87 Stat. 451, approved October 18, 1973; Public 
    Law 95-12 [H.R. 1746], 91 Stat. 22, approved March 18, 1977; Public 
    Law 96-465 [Foreign Service Act of 1980, H.R. 6790], 94 Stat. 2071 
    at 2160, approved October 17, 1980; Public Law 97-241 [Department 
    of State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 
    96 Stat. 273 at 279 and 280, approved August 24, 1982; Public Law 
    98-164 [Department of State Authorization Act, Fiscal Years 1984 
    and 1985; H.R. 2915], 97 Stat. 1017 at 1035, approved November 22, 
    1983; Public Law 100-459 [Departments of Commerce, Justice, and 
    State, the Judiciary, and Related Agencies Appropriations Act, 
    1989; H.R. 4782], approved October 1, 1988; Public Law 103-236 
    [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; 
    H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 106-
    113 [Admiral James W. Nance and Meg Donovan Foreign Relations 
    Authorization Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted 
    by reference]; 113 Stat. 1536, approved November 29, 1999; and by 
    Public Law 106-309 [Microenterprise for Self-Reliance and 
    International Anti-Corruption Act of 2000; H.R. 1143] 114 Stat. 
    1078, approved October 17, 2000
---------------------------------------------------------------------------
    \1\ See related legislation: Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, 
especially title VII, subtitle B; Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, especially title IV, part A; Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993, secs. 161, 
170, 174-175, 212, 192, and 364; Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991, secs. 406-408; Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989, title VII, and sec. 
1211; Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, 
sec. 151; Department of State Authorization Act, Fiscal Years 1984 and 
1985, secs. 113-116, 118-119; Department of State Authorization Act, 
Fiscal Years 1982 and 1983, secs. 104, 108, 109; Foreign Relations 
Authorization Act, Fiscal Year 1979, secs. 103 and 609; Foreign 
Relations Authorization Act, Fiscal Year 1978, sec. 503; and Foreign 
Relations Authorization Act, Fiscal Year 1976, secs. 205 and 503.

AN ACT To provide for the appointment of representatives of the United 
    States in the organs and agencies of the United Nations, and to 
    make other provision with respect to the participation of the 
    United States in such organization.
    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``United Nations Participation Act of 
1945''.
    Sec. 2. (a) \2\ The President, by and with the advice and 
consent of the Senate, shall appoint a representative of the 
United States to the United Nations who shall have the rank and 
status of Ambassador Extraordinary and Plenipotentiary and 
shall hold office at the pleasure of the President. Such 
representative shall represent the United States in the 
Security Council of the United Nations and may serve ex officio 
as representative of the United States in any organ, 
commission, or other body of the United Nations other than 
specialized agencies of the United Nations, and shall perform 
such other functions in connection with the participation of 
the United States in the United Nations as the President may, 
from time to time, direct.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 287. Subsecs. (a) and (b) were amended and restated 
by sec. 1(a) of Public Law 89-206 (79 Stat. 841); previously amended 
and restated by sec. 2 of Public Law 81-341 (63 Stat. 734).
---------------------------------------------------------------------------
    (b) \2\ The President, by and with the advice and consent 
of the Senate, shall appoint additional persons with 
appropriate titles, rank, and status to represent the United 
States in the principal organs of the United Nations and in 
such organs, commissions, or other bodies as may be created by 
the United Nations with respect to nuclear energy or 
disarmament (control and limitation of armament). Such persons 
shall serve at the pleasure of the President and subject to the 
direction of the Representative of the United States to the 
United Nations. They shall, at the direction of the 
Representative of the United States to the United Nations, 
represent the United States in any organ, commission, or other 
body of the United Nations, including the Security Council, the 
Economic and Social Council, and the Trusteeship Council, and 
perform such other functions as the Representative of the 
United States is authorized to perform in connection with the 
participation of the United States in the United Nations. Any 
Deputy Representative or any other officer holding office at 
the time the provisions of this Act, as amended, become 
effective shall not be required to be reappointed by reason of 
the enactment of this Act, as amended.
    (c) \3\ The President, by and with the advice and consent 
of the Senate, shall designate from time to time to attend a 
specified session or specified sessions of the General Assembly 
of the United Nations not to exceed five representatives of the 
United States and such number of alternates as he may determine 
consistent with the rules of procedure of the General Assembly. 
One of the representatives shall be designated as the senior 
representative.
---------------------------------------------------------------------------
    \3\ Subsec. (c) was amended and restated by sec. 1 of Public Law 
81-341 (63 Stat. 734).
---------------------------------------------------------------------------
    (d) \4\ The President may also appoint from time to time 
such other persons as he may deem necessary to represent the 
United States in organs and agencies of the United Nations. The 
President may, without the advice and consent of the Senate, 
designate any officer of the United States to act without 
additional compensation as the representative of the United 
States in either the Economic and Social Council or the 
Trusteeship Council (1) at any specified session thereof where 
the position is vacant or in the absence or disability of the 
regular representative or (2) in connection with a specified 
subject matter at any specified session of either such council 
in lieu of the regular representative. The President may 
designate any officer of the Department of State, whose 
appointment is subject to confirmation by the Senate, to act, 
without additional compensation, for temporary periods as the 
representative of the United States in the Security Council of 
the United Nations in the absence or disability of the 
representatives provided for under section 2 (a) and (b) or in 
lieu of such representatives in connection with a specified 
subject matter.
---------------------------------------------------------------------------
    \4\ Subsec. (d) was amended and restated by sec. 1(b) of Public Law 
89-206 (79 Stat. 841); previously amended and restated by sec. 1 of 
Public Law 81-341 (63 Stat. 735).
---------------------------------------------------------------------------
    (e) \5\ The President, by and with the advice and consent 
of the Senate, shall appoint a representative of the United 
States to the European office of the United Nations with 
appropriate rank and status who shall serve at the pleasure of 
the President and subject to the direction of the Secretary of 
State. Such person shall, at the direction of the Secretary of 
State, represent the United States at the European office of 
the United Nations, and perform such other functions there in 
connection with the participation of the United States in 
international organizations as the Secretary of State may, from 
time to time, direct.
---------------------------------------------------------------------------
    \5\ Subsecs. (e) and (f) were redesignated subsecs. (f) and (g) 
respectively and a new subsec. (e) was added by sec. 2 of Public Law 
89-206 (79 Stat. 841). The present subsec. (g) was originally added by 
sec. 2 of Public Law 81-341.
---------------------------------------------------------------------------
    (f) \5\ Nothing contained in this section shall preclude 
the President, or the Secretary of State, at the direction of 
the President from representing the United States at any 
meeting or session of any organ or agency of the United 
Nations.
    (g) \5\ All persons appointed in pursuance of authority 
contained in this section shall receive compensation at rates 
determined by the President upon the basis of duties to be 
performed but not in excess of rates authorized by sections 
401, 402, and 403 of the Foreign Service Act of 1980 for chiefs 
of mission, members of the Senior Foreign Service, and Foreign 
Service officers occupying positions of equivalent importance, 
except that no Member of the Senate or House of Representatives 
or officer of the United States who is designated under 
subsections (c) and (d) of this section as a representative of 
the United States or as an alternate to attend any specified 
session or specified sessions of the General Assembly shall be 
entitled to receive such compensation.\6\
---------------------------------------------------------------------------
    \6\ References in this sentence to the Foreign Service Act of 1980 
and to the Senior Foreign Service were inserted by sec. 2206(a)(2) of 
Public Law 96-465 (94 Stat. 2160), effective February 15, 1981. These 
replaced a reference to the Foreign Service Act of 1946.
---------------------------------------------------------------------------
    (h) \7\ The President, by and with the advice and consent 
of the Senate, shall appoint a representative of the United 
States to the Vienna office of the United Nations with 
appropriate rank and status, who shall serve at the pleasure of 
the President and subject to the direction of the Secretary of 
State. Such individual shall, at the direction of the Secretary 
of State, represent the United States at the Vienna office of 
the United Nations and perform such other functions there in 
connection with the participation of the United States in 
international organizations as the Secretary of State from time 
to time may direct. The representative of the United States to 
the Vienna office of the United Nations shall also serve as 
representative of the United States to the International Atomic 
Energy Agency.
---------------------------------------------------------------------------
    \7\ Subsec. (h) was added by sec. 118 of the Department of State 
Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97-273; 96 
Stat. 279). Sec. 708(a) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), added the last sentence.
---------------------------------------------------------------------------
    Sec. 3.\8\ The representatives provided for in section 2 
hereof, when representing the United States in the respective 
organs and agencies of the United Nations, shall, at all times, 
act in accordance with the instructions of the President 
transmitted by the Secretary of State unless other means of 
transmission is directed by the President, and such 
representatives shall, in accordance with such instructions, 
cast any and all votes under the Charter in the United Nations.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 287a.
---------------------------------------------------------------------------
    Sec. 4.\9\ (a) Periodic Reports.--The President shall, from 
time to time as occasion may require, but not less than once 
each year, make reports to the Congress of the activities of 
the United Nations and of the participation of the United 
States therein.\10\
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 287b. Sec. 406 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 448), 
inserted ``(a) Periodic Reports.--'', and added new subsecs. (b) and 
(c). See also sec. 407 of that Act, relating to consultations and 
reports on U.N. peacekeeping operations.
    The Secretary of State delegated functions authorized under 
subsection (b) and (c) to the Assistant Secretary for International 
Organization Affairs (Department of State Public Notice 2086; sec. 10 
of Delegation of Authority No. 214; 59 F.R. 50790).
    \10\ Sec. 724(a)(1) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), struck out ``He shall make special current reports on 
decisions of the Security Council to take enforcement measures under 
the provisions of the Charter of the United Nations, and on the 
participation therein, under his instructions, of the representative of 
the United States.'' at this point.
---------------------------------------------------------------------------
    (b) Transmittal of Security Council Resolutions.--Not later 
than 3 days (excluding Saturdays, Sundays, and legal holidays) 
after adoption of any resolution by the Security Council, the 
Secretary of State shall transmit the text of such resolution 
and any supporting documentation to the designated 
congressional committees.
    (c) Reports on Peacekeeping Operations.--The Secretary of 
State shall promptly transmit to the designated congressional 
committees any published report prepared by the United Nations 
and distributed to the members of the Security Council that 
contains assessments of any proposed, ongoing, or concluded 
United Nations peacekeeping operation.
    (d) \11\ Annual Report.--In addition to the report required 
by subsection (a), the President, at the time of submission of 
the annual budget request to the Congress, shall submit to the 
designated congressional committees a report that includes the 
following:
---------------------------------------------------------------------------
    \11\ Sec. 407(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995; Public Law 103-236; 108 Stat. 450), added subsec. 
(d) and (e). Subsec. (e) was subsequently struck out and new text was 
inserted; see related notes.
---------------------------------------------------------------------------
          (1) Costs of peacekeeping operations.--
                  (A) In accordance with section 407(a)(5)(B) 
                of the Foreign Relations Authorization Act, 
                Fiscal Years 1994 and 1995, a description of 
                all assistance provided by the United States to 
                the United Nations to support peacekeeping 
                operations during the previous calendar quarter 
                and during the previous year.
                  (B) With respect to United Nations 
                peacekeeping operations--
                          (i) the aggregate cost of all United 
                        Nations peacekeeping operations for the 
                        prior fiscal year;
                          (ii) the costs of each United Nations 
                        peacekeeping operation for the prior 
                        fiscal year; and
                          (iii) the amount of United States 
                        contributions (both assessed and 
                        voluntary) to United Nations 
                        peacekeeping operations on an 
                        operation-by-operation basis for the 
                        prior fiscal year.
                  (C) With respect to other international 
                peacekeeping operations in which the United 
                States participates--
                          (i) the aggregate cost of all such 
                        operations for the prior fiscal year;
                          (ii) the costs of each such operation 
                        for the prior fiscal year; and
                          (iii) the amount of United States 
                        contributions (both assessed and 
                        voluntary) to such operations on an 
                        operation-by-operation basis for the 
                        prior fiscal year.
                  (D) In the case of the first 2 reports 
                submitted pursuant to this subsection, a 
                projection of all United States costs for 
                United Nations peacekeeping operations during 
                each of the next 2 fiscal years, including 
                assessed and voluntary contributions.
          (2) Other matters regarding peacekeeping 
        operations.--
                  (A) An assessment of the effectiveness of 
                ongoing international peacekeeping operations, 
                their relevance to United States national 
                interests, the efforts by the United Nations 
                and other international organizations (as 
                applicable) to resolve the relevant armed 
                conflicts, and the projected termination dates 
                for all such operations.
                  (B) The dollar value and percentage of total 
                peacekeeping contracts that have been awarded 
                to United States contractors during the 
                previous year.
          (3) United nations reform.--
                  (A)(i) A description of the status of efforts 
                to establish and implement an independent 
                office of the Inspector General at the United 
                Nations.
                  (ii) If an office of the Inspector General 
                has been established at the United Nations, a 
                discussion of whether the Inspector General is 
                keeping the Secretary General and the members 
                of the General Assembly fully informed about 
                problems, deficiencies, the necessity for 
                corrective action, and the progress of 
                corrective action.
                  (iii) For purposes of this subparagraph, the 
                term `office of the Inspector General' means an 
                independent office (or other independent 
                entity) established by the United Nations to 
                conduct and supervise objective audits, 
                inspections, and investigations relating to the 
                programs and operations of the United Nations.
                  (B) A description of the status of efforts to 
                reduce the United States peacekeeping 
                assessment rate.
                  (C) A description of the status of other 
                United States efforts to achieve financial and 
                management reform at the United Nations.
          (4) Military personnel participating in multinational 
        forces.--A description of--
                  (A) the status under international law of 
                members of multinational forces, including the 
                legal status of such personnel if captured, 
                missing, or detained;
                  (B) the extent of the risk for United States 
                military personnel who are captured while 
                participating in multinational forces in cases 
                where their captors fail to respect the 1949 
                Geneva Conventions and other international 
                agreements intended to protect prisoners of 
                war; and
                  (C) the specific steps that have been taken 
                to protect United States military personnel 
                participating in multinational forces, together 
                (if necessary) with any recommendations for the 
                enactment of legislation to achieve that 
                objective.
          (5) Human rights and u.n. peacekeeping forces.--A 
        description of the efforts by United Nations 
        peacekeeping forces to promote and protect 
        internationally recognized human rights standards, 
        including the status of investigations in any case of 
        alleged human rights violations during the preceding 
        year by personnel participating in United Nations 
        peacekeeping forces, as well as any action taken in 
        such cases.
    (e) \12\ Consultations and Reports on United Nations 
Peacekeeping Operations.--
---------------------------------------------------------------------------
    \12\ Originally added by sec. 407(b) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1005 (Public Law 103-236; 108 
Stat. 450). Sec. 724(b) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536) struck that language and inserted new subsecs. (e) and 
(f). Former subsec. (e) was similar to the new subsec. (f).
---------------------------------------------------------------------------
          (1) Consultations.--Each month the President shall 
        consult with Congress on the status of United Nations 
        peacekeeping operations.
          (2) Information to be provided.--In connection with 
        such consultations, the following information shall be 
        provided each month to the designated congressional 
        committees:
                  (A) With respect to ongoing United Nations 
                peacekeeping operations, the following:
                          (i) A list of all resolutions of the 
                        United Nations Security Council 
                        anticipated to be voted on during such 
                        month that would extend or change the 
                        mandate of any United Nations 
                        peacekeeping operation.
                          (ii) For each such operation, any 
                        changes in the duration, mandate, and 
                        command and control arrangements that 
                        are anticipated as a result of the 
                        adoption of the resolution.
                          (iii) An estimate of the total cost 
                        to the United Nations of each such 
                        operation for the period covered by the 
                        resolution, and an estimate of the 
                        amount of that cost that will be 
                        assessed to the United States.
                          (iv) Any anticipated significant 
                        changes in United States participation 
                        in or support for each such operation 
                        during the period covered by the 
                        resolution (including the provision of 
                        facilities, training, transportation, 
                        communication, and logistical support, 
                        but not including intelligence 
                        activities reportable under title V of 
                        the National Security Act of 1947 (50 
                        U.S.C. 413 et seq.)), and the estimated 
                        costs to the United States of such 
                        changes.
                  (B) With respect to each new United Nations 
                peacekeeping operation that is anticipated to 
                be authorized by a Security Council resolution 
                during such month, the following information 
                for the period covered by the resolution:
                          (i) The anticipated duration, 
                        mandate, and command and control 
                        arrangements of such operation, the 
                        planned exit strategy, and the vital 
                        national interest to be served.
                          (ii) An estimate of the total cost to 
                        the United Nations of the operation, 
                        and an estimate of the amount of that 
                        cost that will be assessed to the 
                        United States.
                          (iii) A description of the functions 
                        that would be performed by any United 
                        States Armed Forces participating in or 
                        otherwise operating in support of the 
                        operation, an estimate of the number of 
                        members of the Armed Forces that will 
                        participate in or otherwise operate in 
                        support of the operation, and an 
                        estimate of the cost to the United 
                        States of such participation or 
                        support.
                          (iv) A description of any other 
                        United States assistance to or support 
                        for the operation (including the 
                        provision of facilities, training, 
                        transportation, communication, and 
                        logistical support, but not including 
                        intelligence activities reportable 
                        under title V of the National Security 
                        Act of 1947 (50 U.S.C. 413 et seq.)), 
                        and an estimate of the cost to the 
                        United States of such assistance or 
                        support.
                          (v) A reprogramming of funds pursuant 
                        to section 34 of the State Department 
                        Basic Authorities Act of 1956, 
                        submitted in accordance with the 
                        procedures set forth in such section, 
                        describing the source of funds that 
                        will be used to pay for the cost of the 
                        new United Nations peacekeeping 
                        operation, provided that such 
                        notification shall also be submitted to 
                        the Committee on Appropriations of the 
                        House of Representatives and the 
                        Committee on Appropriations of the 
                        Senate.
          (3) Form and timing of information.--
                  (A) Form.--The President shall submit 
                information under clauses (i) and (iii) of 
                paragraph (2)(A) in writing.
                  (B) Timing.--
                          (i) Ongoing operations.--The 
                        information required under paragraph 
                        (2)(A) for a month shall be submitted 
                        not later than the 10th day of the 
                        month.
                          (ii) New operations.--The information 
                        required under paragraph (2)(B) shall 
                        be submitted in writing with respect to 
                        each new United Nations peacekeeping 
                        operation not less than 15 days before 
                        the anticipated date of the vote on the 
                        resolution concerned unless the 
                        President determines that exceptional 
                        circumstances prevent compliance with 
                        the requirement to report 15 days in 
                        advance. If the President makes such a 
                        determination, the information required 
                        under paragraph (2)(B) shall be 
                        submitted as far in advance of the vote 
                        as is practicable.
          (4) New united nations peacekeeping operation 
        defined.--As used in paragraph (2), the term ``new 
        United Nations peacekeeping operation'' includes any 
        existing or otherwise ongoing United Nations 
        peacekeeping operation--
                  (A) where the authorized force strength is to 
                be expanded;
                  (B) that is to be authorized to operate in a 
                country in which it was not previously 
                authorized to operate; or
                  (C) the mandate of which is to be changed so 
                that the operation would be engaged in 
                significant additional or significantly 
                different functions.
          (5) Notification and quarterly reports regarding 
        united states assistance.--
                  (A) Notification of certain assistance.--
                          (i) In general.--The President shall 
                        notify the designated congressional 
                        committees at least 15 days before the 
                        United States provides any assistance 
                        to the United Nations to support 
                        peacekeeping operations.
                          (ii) Exception.--This subparagraph 
                        does not apply to--
                                  (I) assistance having a value 
                                of less than $3,000,000 in the 
                                case of nonreimbursable 
                                assistance or less than 
                                $14,000,000 in the case of 
                                reimbursable assistance; or
                                  (II) assistance provided 
                                under the emergency drawdown 
                                authority of sections 506(a)(1) 
                                and 552(c)(2) of the Foreign 
                                Assistance Act of 1961 (22 
                                U.S.C. 2318(a)(1) and 
                                2348a(c)(2)).
                  (B) Quarterly reports.--
                          (i) In general.--The President shall 
                        submit quarterly reports to the 
                        designated congressional committees on 
                        all assistance provided by the United 
                        States during the preceding calendar 
                        quarter to the United Nations to 
                        support peacekeeping operations.
                          (ii) Matters included.--Each report 
                        under this subparagraph shall describe 
                        the assistance provided for each such 
                        operation, listed by category of 
                        assistance.
                          (iii) Fourth quarter report.--The 
                        report under this subparagraph for the 
                        fourth calendar quarter of each year 
                        shall be submitted as part of the 
                        annual report required by subsection 
                        (d) and shall include cumulative 
                        information for the preceding calendar 
                        year.
    (f) \12\ Designated Congressional Committees.--In this 
section, the term ``designated congressional committees'' means 
the Committee on Foreign Relations and the Committee on 
Appropriations of the Senate and the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives.
    (g) \13\ Relationship to Other Notification Requirements.--
Nothing in this section is intended to alter or supersede any 
notification requirement with respect to peacekeeping 
operations that is established under any other provision of 
law.
---------------------------------------------------------------------------
    \13\ Added by sec. 724(b) of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536).
---------------------------------------------------------------------------
    Sec. 5.\14\ (a) Notwithstanding the provisions of any other 
law, whenever the United States is called upon by the Security 
Council to apply measures which said Council has decided, 
pursuant to article 41 of said Chapter, are to be employed to 
give effect to its decisions under said Charter, the President 
may, to the extent necessary to apply such measures, through 
any agency which he may designate, and under such orders, 
rules, and regulations as may be prescribed by him, 
investigate, regulate, or prohibit, in whole or in part, 
economic relations of rail, sea, air, postal, telegraphic, 
radio, and other means of communication between any foreign 
country or any national thereof or any person therein and the 
United States or any person subject to the jurisdiction 
thereof, or involving any property subject to the jurisdiction 
of the United States. Any Executive order which is issued under 
this subsection and which applies measures against Southern 
Rhodesia pursuant to any United Nations Security Council 
Resolution may be enforced, notwithstanding the provisions of 
any other law.\15\ The President may exempt from such Executive 
order any shipment of chromium in any form which is in transit 
to the United States on the date of enactment of this 
sentence.\16\
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 287c.
    \15\ Such an Executive Order was issued on March 18, 1977, 
Executive Order 11978 (amending Executive Order 11419). Sec. 27 of the 
International Security Assistance Act of 1978 (92 Stat. 746), repealed 
in 1981, specified that the United States would not enforce sanctions 
against Rhodesia after December 31, 1978, provided that the President 
made certain determinations regarding the political situation in 
Rhodesia (Legislation on Foreign Relations Through 1992, vol. I, page 
531, footnote 11). The policy contained in sec. 27 was never 
implemented since the President did not issue the necessary 
determinations. See also sec. 408 of the Department of State 
Authorization Act, Fiscal Year 1980-81 (Public Law 96-60; 93 Stat. 405) 
(this volume) which contained several congressional findings regarding 
the Zimbabwe-Rhodesia situation and instructed the President to 
terminate sanctions against Zimbabwe-Rhodesia by November 15, 1979, 
unless he determined that it would not be in the national interest of 
the United States to do so. On November 14, President Carter issued 
Determination No. 80-44 (55 F.R. 67073) making a finding that it was 
not in the interest of the United States to terminate the sanctions. 
However, on December 16, 1979, the President issued Executive Order 
12183 (44 F.R. 74787) which revoked all sanctions against Zimbabwe-
Rhodesia. Such Executive Order also revoked Executive Orders 11322, 
11419, and 11978.
    \16\ The final two sentences of subsec. (a) were added by Public 
Law 95-12 (91 Stat. 22).
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    (b) Any person who willfully violates or evades or attempts 
to violate or evade any order, rule, or regulation issued by 
the President pursuant to paragraph (a) of this section shall, 
upon conviction, be fined not more than $10,000 or, if a 
natural person, be imprisoned for not more than ten years, or 
both; and the officer, director, or agent of any corporation 
who knowingly participates in such violation or evasion shall 
be punished by a like fine, imprisonment, or both, and any 
property, funds, securities, papers, or other articles or 
documents, or any vessel, together with her tackle, apparel, 
furniture, and equipment, or vehicle, or aircraft,\17\ 
concerned in such violation shall be forfeited to the United 
States.
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    \17\ The words ``or aircraft'' added by sec. 3 of Public Law 81-341 
(63 Stat. 735).
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    (c) \18\ (1) During the period in which measures are 
applied against Southern Rhodesia under subsection (a) pursuant 
to any United Nations Security Council Resolution, a shipment 
of any steel mill product (as such product may be defined by 
the Secretary) containing chromium in any form may not be 
released from customs custody for entry into the United States 
if--
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    \18\ Subsec. (c) was added by Public Law 95-12 (91 Stat. 22).
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          (A) a certificate of origin with respect to such 
        shipment has not been filed with the Secretary; or
          (B) in the case of a shipment with respect to which a 
        certificate of origin has been filed with the 
        Secretary, the Secretary determines that the 
        information contained in such certificate does not 
        adequately establish that the steel mill product in 
        such shipment does not contain chromium in any form 
        which is of Southern Rhodesian origin;
unless such release is authorized by the Secretary under 
paragraph (3) (B) or (C).
    (2) The Secretary shall prescribe regulations for carrying 
out this subsection.
    (3)(A) In carrying out this subsection, the Secretary may 
issue subpenas requiring the attendance and testimony of 
witnesses and the production of evidence. Any such subpena, 
may, upon application by the Secretary, be enforced in a civil 
action in an appropriate United States district court.
    (B) The Secretary may exempt from the certification 
requirements of this subsection any shipment of a steel mill 
product containing chromium in any form which is in transit to 
the United States on the date of enactment of this subsection.
    (C) Under such circumstances as he deems appropriate, the 
Secretary may release from customs custody for entry into the 
United States, under such bond as he may require, any shipment 
of a steel mill product containing chromium in any form.
    (4) As used in this subsection--
          (A) the term ``certificate of origin'' means such 
        certificate as the Secretary may require, with respect 
        to a shipment of any steel mill product containing 
        chromium in any form, issued by the government (or by a 
        designee of such government if the Secretary is 
        satisfied that such designee is the highest available 
        certifying authority) of the country in which such 
        steel mill product was produced certifying that the 
        steel mill product in such shipment contains no 
        chromium in any form which is of Southern Rhodesian 
        origin; and
          (B) the term ``Secretary'' means the Secretary of the 
        Treasury.
    Sec. 6.\19\ The President is authorized to negotiate a 
special agreement or agreements with the Security Council which 
shall be subject to the approval of the Congress by appropriate 
Act or joint resolution, providing for the numbers and types of 
armed forces, their degree of readiness and general locations, 
and the nature of facilities and assistance, including rights 
of passage, to be made available to the Security Council on its 
call for the purpose of maintaining international peace and 
security in accordance with article 43 of said Charter. The 
President shall not be deemed to require the authorization of 
the Congress to make available to the Security Council on its 
call in order to take action under article 42 of said Charter 
and pursuant to such special agreement or agreements the Armed 
Forces, facilities, or assistance provided for therein: 
Provided, That, except as authorized in section 7 of this 
Act,\20\ nothing herein contained shall be construed as an 
authorization to the President by the Congress to make 
available to the Security Council for such purpose armed 
forces, facilities, or assistance in addition to the forces, 
facilities, and assistance provided for in such special 
agreement or agreements.
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    \19\ 22 U.S.C. 287d.
    \20\ The words ``except as authorized in section 7 of this Act'' 
were added by sec. 4 of Public Law 81-341 (63 Stat. 735).
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    Sec. 7.\21\ (a) Notwithstanding the provisions of any other 
law, the President, upon the request by the United Nations for 
cooperative action, and to the extent that he finds that it is 
consistent with the national interest to comply with such 
request, may authorize, in support of such activities of the 
United Nations as are specifically directed to the peaceful 
settlement of disputes and not involving the employment of 
armed forces contemplated by chapter VII of the United Nations 
Charter--
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    \21\ 22 U.S.C. 287d-1. Sec. 7 was added by sec. 5 of Public Law 81-
341 (63 Stat. 735). Sec. 12(a) of Public Law 81-216 (63 Stat. 591) 
changed the term ``National Military Establishment'' to ``Department of 
Defense'' throughout the section.
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          (1) the detail to the United Nations, under such 
        terms and conditions as the President shall determine, 
        of personnel of the armed forces of the United States 
        to serve as observers, guards, or in any noncombatant 
        capacity, but in no event shall more than a total of 
        one thousand of such personnel be so detailed at any 
        one time: Provided, That while so detailed, such 
        personnel shall be considered for all purposes as 
        acting in the line of duty, including the receipt of 
        pay and allowances as personnel of the armed forces of 
        the United States, credit for longevity and retirement, 
        and all other perquisites appertaining to such duty: 
        Provided further, That upon authorization or approval 
        by the President, such personnel may accept directly 
        from the United Nations (a) any or all of the 
        allowances or perquisites to which they are entitled 
        under the first proviso hereof, and (b) extraordinary 
        expenses and perquisites incident to such detail;
          (2) the furnishing of facilities, services, or other 
        assistance and the loan of the agreed fair share of the 
        United States of any supplies and equipment to the 
        United Nations by the Department of Defense, under such 
        terms and conditions as the President shall determine;
          (3) the obligation, insofar as necessary to carry out 
        the purposes of clauses (1) and (2) of this subsection, 
        of any funds appropriated to the Department of Defense 
        or any department therein, the procurement of such 
        personnel, supplies, equipment, facilities, services, 
        or other assistance as may be made available in 
        accordance with the request of the United Nations, and 
        the replacement of such items, when necessary, where 
        they are furnished from stocks.
    (b) Whenever personnel or assistance is made available 
pursuant to the authority contained in subsection (a) (1) and 
(2) of this section, the President shall require reimbursement 
from the United Nations for the expense thereby incurred by the 
United States: Provided, That in exceptional circumstances, or 
when the President finds it to be in the national interest, he 
may waive, in whole or in part, the requirement of such 
reimbursement: Provided further, That when any such 
reimbursement is made, it shall be credited, at the option of 
the appropriate department of the Department of Defense, either 
to the appropriation, fund, or account utilized in incurring 
the obligation, or to an appropriate appropriation, fund, or 
account currently available for the purposes for which 
expenditures were made.
    (c) In addition to the authorization of appropriations to 
the Department of State contained in section 8 of this Act, 
there is hereby authorized to be appropriated to the Department 
of Defense, or any department therein, such sums as may be 
necessary to reimburse such departments in the event that 
reimbursement from the United Nations is waived in whole or in 
part pursuant to authority contained in subsection (b) of this 
section.
    (d) Nothing in this Act shall authorize the disclosure of 
any information or knowledge in any case in which such 
disclosure is prohibited by any other law of the United States.
    Sec. 8.\22\ There is hereby authorized to be appropriated 
annually to the Department of State, out of any money in the 
treasury not otherwise appropriated, such sums as may be 
necessary for the payment by the United States of its share of 
the expenses of the United Nations as apportioned by the 
General Assembly in accordance with article 17 of the Charter, 
and for all necessary salaries and expenses of the 
representatives provided for in section 2 hereof, and of their 
appropriate staffs, including personal services in the District 
of Columbia and elsewhere, without regard to the civil-service 
laws and the Classification Act of 1923, as amended; \23\ 
travel expenses without regard to the Standardized Government 
Travel Regulations, as amended, the Travel Expense Act of 
1949,\24\ and section 10 of the Act of March 3, 1933, as 
amended,\25\ and, under such rules and regulations as the 
Secretary of State may prescribe, travel expenses of families 
and transportation of effects of United States representatives 
and other personnel in going to and returning from their post 
of duty; allowances for living quarters, including heat, fuel, 
and light, as authorized by the Act approved June 26, 1930 (5 
U.S.C. 118a); \26\ cost-of-living allowances for personnel 
stationed abroad under such rules and regulations as the 
Secretary of State may prescribe; communications services; 
stenographic reporting, translating, and other services, by 
contract; hire of passenger motor vehicles and other local 
transportation; rent of offices; printing and binding without 
regard to section 11 of the Act of March 1, 1949 (44 U.S.C. 
111); allowances and expenses as provided in section 6 of the 
Act of July 30, 1946 (Public Law 565, Seventy-ninth 
Congress),\27\ and allowances and expenses equivalent to those 
provided in section 905 of the Foreign Service Act of 1980,\28\ 
the lease or rental (for periods not exceeding ten years) of 
living quarters for the use of the representatives provided for 
in section 2 of this Act serving abroad \29\ and of their 
appropriate staffs,\30\ the cost of installation and use of 
telephones in the same manner as telephone service is provided 
for use of the Foreign Service pursuant to the Act of August 
23, 1912, as amended (31 U.S.C. 679), and \31\ unusual expenses 
similar to those authorized by section 22 of the Administrative 
Expenses Act of 1946, as amended \32\ by section 311 of the 
Overseas Differentials and Allowances Act, incident to the 
operation and maintenance of such living quarters abroad; \33\ 
and such other expenses as may be authorized by the Secretary 
of State; and without regard to section 3709 of the Revised 
Statutes as amended (41 U.S.C. 5).\34\
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    \22\ 22 U.S.C. 287e. Added originally as sec. 7, this text was 
redesignated as sec. 8 by sec. 6 of Public Law 81-341 (63 Stat. 736).
    Sec. 106(g) of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), provided the following:
    ``(g) Refund of Excess Contributions.--The United States shall 
continue to insist that the United Nations and its specialized and 
affiliated agencies shall credit or refund to each member of the agency 
concerned its proportionate share of the amount by which the total 
contributions to the agency exceed the expenditures of the regular 
assessed budgets of these agencies.''.
    Sec. 410 of the Foreign Assistance Act of 1971 (Public Law 92-226), 
approved February 7, 1972, provided as follows:
    ``The Congress strongly urges the President to undertake such 
negotiations as may be necessary to implement that portion of the 
recommendations of the Report of the President's Commission for the 
Observance of the Twenty-fifth Anniversary of the United Nations (known 
as the ``Lodge Commission'') which proposes that the portion of the 
regular assessed costs to be paid by the United States to the United 
Nations be reduced so that the United States is assessed in each year 
not more than 25 per centum of such costs assessed all members of the 
United Nations for that year.''.
    See also title IV, part A of the Foreign Relations Authorization 
Act for Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 445).
    \23\ Classification Act of 1923, as amended, is now the 
Classification Act of 1949, as amended (5 U.S.C. 305, 5101-5113, 5115, 
5331-5338, 5341, 5342, 5509, 7154).
    \24\ 5 U.S.C. 5701, 5702, 5704-5708.
    \25\ 15 U.S.C. 5731.
    \26\ Act of June 26, 1930, is now amended (5 U.S.C. 5912).
    \27\ Sec. 6 of the Act of July 30, 1946, as amended (22 U.S.C. 
287r).
    \28\ The reference to sec. 905 of the Foreign Service Act of 1980 
was inserted by sec. 2206(a)(2) of Public Law 96-465 (94 Stat. 2160), 
effective February 15, 1981. This replaced a reference to sec. 901(3) 
of the Foreign Service Act of 1946.
    \29\ Sec. 304(a)(1) of Public Law 100-459 (102 Stat. 2207) added 
``serving abroad'' at this point.
    \30\ The words ``representatives provided for in section 2 of this 
Act and of their appropriate staffs'' were inserted in lieu of 
``representative of the United States to the United Nations referred to 
in paragraph (a) of section 2 hereof'' by sec. 119(1) of the Department 
of State Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97-
241, 96 Stat. 280).
    \31\ Sec. 311(b) of Public Law 86-707 substituted the phrase ``and 
unusual expenses * * *'' for the previous clause.
    \32\ Sec. 22 of the Administrative Expenses Act of 1946, as 
amended, is now codified as 5 U.S.C. 5913 by Public Law 89-554 (80 
Stat. 378 at 510; September 6, 1966).
    \33\ Sec. 304(a)(2) of Public Law 100-459 (102 Stat. 2207) added 
``abroad'' at this point.
    \34\ The last sentence, added by sec. 119(2) of Public Law 97-273 
(96 Stat. 280), was deleted by sec. 304(a)(3) of Public Law 100-459. It 
formerly read as follows:
    ``Any payments made by United States Government personnel for 
occupancy by them of living quarters leased or rented under this 
section shall be credited to the appropriation, fund, or account 
utilized by the Secretary of State for such lease or rental or to the 
appropriation, fund, or account currently available for such 
purpose.''.
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    Sec. 9.\35\ The Secretary of State may, under such 
regulations as he shall prescribe, and notwithstanding section 
3648 of the Revised Statutes (31 U.S.C. 529) and section 5536 
of title 5, United States Code:
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    \35\ 22 U.S.C. 287e-1. Sec. 9, originally added by sec. 15 of 
Public Law 93-126 (87 Stat. 454), was substantially rewritten by sec. 
304(b) of Public Law 100-459 (102 Stat. 2207). Subsec. (2) was 
redesignated ``(3)''; in such subsec. the word ``President'' was 
deleted and ``Secretary'' inserted; subsecs. (1), (2), and (4) were new 
text. Sec. 304(c)(1) provided an effective date of July 1, 1989, for 
these amendments. Sec. 9 formerly read as follows:
    ``Sec. 9. The President may, under such regulations as he shall 
prescribe, and notwithstanding section 3648 of the Revised Statutes (31 
U.S.C. 529) and section 5536 of title 5, United States Code--
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          ``(1) grant any employee of the staff of the United States 
        Mission to the United Nations designated by the Secretary of 
        State, and any employee of the United States Information Agency 
        designated by the Director of that Agency, who is required 
        because of important representational responsibilities to live 
        in the extraordinarily high-rent area immediately surrounding 
        the headquarters of the United Nations in New York, New York, 
        an allowance to compensate for the portion of expenses 
        necessarily incurred by the employee for quarters and utilities 
        which exceed the average of such expenses incurred by typical, 
        permanent residents of the Metropolitan New York, New York, 
        area with comparable salary and family size who are not 
        compelled by reason of their employment to live in such high-
        rent area; and
          ``(2) provide such allowance as the President considers 
        appropriate, to each Delegate and Alternate Delegate of the 
        United States to any session of the General Assembly of the 
        United Nations who is not a permanent member of the staff of 
        the United States Mission to the United Nations, in order to 
        compensate each such Delegate or Alternate Delegate for 
        necessary housing and subsistence expenses incurred by him with 
        respect to attending any such session.
``Not more than fifty employees, including not more than five employees 
of the United States Information Agency, shall be receiving an 
allowance under paragraph (1) of this section at any one time.''.
          (1) Make available to the Representative of the 
        United States to the United Nations and the Deputy 
        Permanent Representative of the United States to the 
        United Nations living quarters leased or rented by the 
        United States (for periods not exceeding ten years) and 
        allowances for unusual expenses incident to the 
        operation and maintenance of such living quarters 
        similar to those and to be considered for all purposes 
        as authorized by section 22 of the Administrative 
        Expenses Act of 1946, as amended by section 311 of the 
        Overseas Differentials and Allowances Act.
          (2) \36\ Make available in New York to no more than 
        30 \37\ foreign service employees of the staff of the 
        United States Mission to the United Nations, other 
        representatives, and no more than two employees who 
        serve at the pleasure of the Representative, living 
        quarters leased or rented by the United States (for 
        periods not exceeding ten years). The number of 
        employees to which such quarters will be made available 
        shall be determined by the Secretary and shall reflect 
        a significant reduction over the number of persons 
        eligible for housing benefits as of the date of 
        enactment of this provision. No employee may occupy a 
        unit under this provision if the unit is owned by the 
        employee. The Secretary shall require that each 
        employee occupying housing under this subsection 
        contribute to the Department of State a percentage of 
        his or her base salary, in an amount to be determined 
        by the Secretary of State toward the cost of such 
        housing. The Secretary may reduce such payments to the 
        extent of income taxes paid on the value of the leased 
        or rented quarters any payments made by employees to 
        the Department of State for occupancy by them of living 
        quarters leased or rented under this section shall be 
        credited to the appropriation, fund, or account 
        utilized by the Secretary of State for such lease or 
        rental or to the appropriation, fund, or account 
        currently available for such purpose.
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    \36\ Sec. 304(c) of Public Law 100-459 (102 Stat. 2208) provided:
    ``(2) In the event that taxes paid by an employee on the benefit 
provided under subsection (2) of section 9 exceed the contribution 
amount computed as a percentage of base salary under that subsection, 
the Department of State may reimburse the employee up to the amount of 
such differential for the period from the date of enactment of this Act 
through July 1, 1989.''.
    \37\ Sec. 405 of public Law 106-309 (114 Stat. 1098) struck out 
``18'' and inserted in lieu thereof ``30''.
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          (3) \35\ provide such allowance as the Secretary 
        considers appropriate, to each Delegate and Alternate 
        Delegate of the United States to any session of the 
        General Assembly of the United Nations who is not a 
        permanent member of the staff of the United States 
        Mission to the United Nations, in order to compensate 
        each such Delegate or Alternate Delegate for necessary 
        housing and subsistence expenses incurred by him with 
        respect to attending any such session.
          (4) The Inspector General shall review the program 
        established by this section no later than December 1989 
        and periodically thereafter with a view to increasing 
        cost savings and making other appropriate 
        recommendations.

SEC. 10.\37\ REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE 
                    UNITED STATES TO THE UNITED NATIONS.

    (a) Requirement To Obtain Reimbursement.--
          (1) In general.--Except as provided in paragraph (2), 
        the President shall seek and obtain in a timely fashion 
        a commitment from the United Nations to provide 
        reimbursement to the United States from the United 
        Nations whenever the United States Government furnishes 
        assistance pursuant to the provisions of law described 
        in subsection (c)--
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    \37\ 22 U.S.C. 287e-2. Added by sec. 723 of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536).
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                  (A) to the United Nations when the assistance 
                is designed to facilitate or assist in carrying 
                out an assessed peacekeeping operation;
                  (B) for any United Nations peacekeeping 
                operation that is authorized by the United 
                Nations Security Council under Chapter VI or 
                Chapter VII of the United Nations Charter and 
                paid for by peacekeeping or regular budget 
                assessment of the United Nations members; or
                  (C) to any country participating in any 
                operation authorized by the United Nations 
                Security Council under Chapter VI or Chapter 
                VII of the United Nations Charter and paid for 
                by peacekeeping assessments of United Nations 
                members when the assistance is designed to 
                facilitate or assist the participation of that 
                country in the operation.
          (2) Exceptions.--
                  (A) In general.--The requirement in paragraph 
                (1) shall not apply to--
                          (i) goods and services provided to 
                        the United States Armed Forces;
                          (ii) assistance having a value of 
                        less than $3,000,000 per fiscal year 
                        per operation;
                          (iii) assistance furnished before the 
                        date of enactment of this section;
                          (iv) salaries and expenses of 
                        civilian police and other civilian and 
                        military monitors where United Nations 
                        policy is to require payment by 
                        contributing members for similar 
                        assistance to United Nations 
                        peacekeeping operations; or
                          (v) any assistance commitment made 
                        before the date of enactment of this 
                        section.
                  (B) Deployments of united states military 
                forces.-- The requirements of subsection 
                (d)(1)(B) shall not apply to the deployment of 
                United States military forces when the 
                President determines that such deployment is 
                important to the security interests of the 
                United States. The cost of such deployment 
                shall be included in the data provided under 
                section 554 of the Foreign Assistance Act of 
                1961.
          (3) Form and amount.--
                  (A) Amount.--The amount of any reimbursement 
                under this subsection shall be determined at 
                the usual rate established by the United 
                Nations.
                  (B) Form.--Reimbursement under this 
                subsection may include credits against the 
                United States assessed contributions for United 
                Nations peacekeeping operations, if the 
                expenses incurred by any United States 
                department or agency providing the assistance 
                have first been reimbursed.
    (b) Treatment of Reimbursements.--
          (1) Credit.--The amount of any reimbursement paid the 
        United States under subsection (a) shall be credited to 
        the current applicable appropriation, fund, or account 
        of the United States department or agency providing the 
        assistance for which the reimbursement is paid.
          (2) Availability.--Amounts credited under paragraph 
        (1) shall be merged with the appropriations, or with 
        appropriations in the fund or account, to which 
        credited and shall be available for the same purposes, 
        and subject to the same conditions and limitations, as 
        the appropriations with which merged.
    (c) Covered Assistance.--Subsection (a) applies to 
assistance provided under the following provisions of law:
          (1) Sections 6 and 7 of this Act.
          (2) Sections 451, 506(a)(1), 516, 552(c), and 607 of 
        the Foreign Assistance Act of 1961.
          (3) Any other provisions of law pursuant to which 
        assistance is provided by the United States to carry 
        out the mandate of an assessed United Nations 
        peacekeeping operation.
    (d) Waiver.--
          (1) Authority.--
                  (A) In general.--The President may authorize 
                the furnishing of assistance covered by this 
                section without regard to subsection (a) if the 
                President determines, and so notifies in 
                writing the Committee on Foreign Relations of 
                the Senate and the Speaker of the House of 
                Representatives, that to do so is important to 
                the security interests of the United States.
                  (B) Congressional notification.--When 
                exercising the authorities of subparagraph (A), 
                the President shall notify the Committee on 
                Foreign Relations of the Senate and the 
                Committee on International Relations of the 
                House of Representatives in accordance with the 
                procedures applicable to reprogramming 
                notifications under section 634A of the Foreign 
                Assistance Act of 1961.
          (2) Congressional review.--Notwithstanding a notice 
        under paragraph (1) with respect to assistance covered 
        by this section, subsection (a) shall apply to the 
        furnishing of the assistance if, not later than 15 
        calendar days after receipt of a notification under 
        that paragraph, the Congress enacts a joint resolution 
        disapproving the determination of the President 
        contained in the notification.
          (3) Senate procedures.--Any joint resolution 
        described in paragraph (2) 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.
    (e) Relationship to Other Reimbursement Authority.--Nothing 
in this section shall preclude the President from seeking 
reimbursement for assistance covered by this section that is in 
addition to the reimbursement sought for the assistance under 
subsection (a).
    (f) Definition.--In this section, the term ``assistance'' 
includes personnel, services, supplies, equipment, facilities, 
and other assistance if such assistance is provided by the 
Department of Defense or any other United States Government 
agency.
                  2. United Nations Reform Act of 1999

Partial text of Public Law 106-113 [H.R. 3427, enacted by reference in 
           3194], 113 Stat. 1501, approved November 29, 1999

  AN ACT To authorize appropriations for the Department of State for 
fiscal years 2000 and 2001; to provide for enhanced security at United 
  States diplomatic facilities; to provide for certain arms control, 
nonproliferation, and other national security measures; to provide for 
          reform in the United Nations; 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 Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 
and 2001''.
          * * * * * * *

                 TITLE IX--ARREARS PAYMENTS AND REFORM

                     Subtitle A--General Provisions

SEC. 901. SHORT TITLE.

    This title may be cited as the ``United Nations Reform Act 
of 1999''.

SEC. 902. DEFINITIONS.

    In this title:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate and the Committee on 
        International Relations and the Committee on 
        Appropriations of the House of Representatives.
          (2) Designated specialized agency defined.--The term 
        ``designated specialized agency'' means the 
        International Labor Organization, the World Health 
        Organization, and the Food and Agriculture 
        Organization.
          (3) General assembly.--The term ``General Assembly'' 
        means the General Assembly of the United Nations.
          (4) Secretary general.--The term ``Secretary 
        General'' means the Secretary General of the United 
        Nations.
          (5) Security council.--The term ``Security Council'' 
        means the Security Council of the United Nations.
          (6) United nations member.--The term ``United Nations 
        member'' means any country that is a member of the 
        United Nations.
          (7) United nations peacekeeping operation.--The term 
        ``United Nations peacekeeping operation'' means any 
        United Nations-led operation to maintain or restore 
        international peace or security that--
                  (A) is authorized by the Security Council; 
                and
                  (B) is paid for from assessed contributions 
                of United Nations members that are made 
                available for peacekeeping activities.

              Subtitle B--Arrearages to the United Nations

CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE 
                                OF FUNDS

SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--
          (1) Fiscal year 1998.--
                  (A) Regular assessments.--Amounts 
                appropriated by title IV of the Departments of 
                Commerce, Justice, and State, the Judiciary, 
                and Related Agencies Appropriations Act, 1998 
                (Public Law 105-119), under the heading 
                ``Contributions to International 
                Organizations'', are hereby authorized to be 
                appropriated and shall be available for 
                obligation and expenditure subject to the 
                provisions of this title.
                  (B) Peacekeeping assessments.--Amounts 
                appropriated by title IV of the Departments of 
                Commerce, Justice, and State, the Judiciary, 
                and Related Agencies Appropriations Act, 1998 
                (Public Law 105-119), under the heading 
                ``Contributions for International Peacekeeping 
                Activities'', are hereby authorized to be 
                appropriated and shall be available for 
                obligation and expenditure subject to the 
                provisions of this title.
          (2) Fiscal year 1999.--Amounts appropriated under the 
        heading ``Arrearage Payments'' in title IV of the 
        Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 1999 (as contained 
        in section 101(b) of division A of the Omnibus 
        Consolidated and Emergency Supplemental Appropriations 
        Act, 1999; Public Law 105-277), are hereby authorized 
        to be appropriated and shall be available for 
        obligation and expenditure subject to the provisions of 
        this title.
          (3) Fiscal year 2000.--There are authorized to be 
        appropriated to the Department of State for payment of 
        arrearages owed by the United States described in 
        subsection (b) as of September 30, 1997, $244,000,000 
        for fiscal year 2000. Amounts appropriated pursuant to 
        this paragraph shall be available for obligation and 
        expenditure subject to the provisions of this title.
    (b) Limitation.--Amounts made available under subsection 
(a) are authorized to be available only--
          (1) to pay the United States share of assessments for 
        the regular budget of the United Nations;
          (2) to pay the United States share of United Nations 
        peacekeeping operations;
          (3) to pay the United States share of United Nations 
        specialized agencies; and
          (4) to pay the United States share of other 
        international organizations.
    (c) Availability of Funds.--Amounts appropriated pursuant 
to subsection (a) are authorized to remain available until 
expended.
    (d) Statutory Construction.--For purposes of payments made 
using funds made available under subsection (a), section 
404(b)(2) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236) shall not apply to 
United Nations peacekeeping operation assessments received by 
the United States prior to October 1, 1995.

SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.

    (a) In General.--Funds made available pursuant to section 
911 may be obligated and expended only if the requirements of 
subsections (b) and (c) of this section are satisfied.
    (b) Obligation and Expenditure Upon Satisfaction of 
Certification Requirements.--Subject to subsections (e) and 
(f), funds made available pursuant to section 911 may be 
obligated and expended only in the following allotments and 
upon the following certifications:
          (1) Amounts made available for fiscal year 1998, upon 
        the certification described in section 921.
          (2) Amounts made available for fiscal year 1999, upon 
        the certification described in section 931.
          (3) Amounts authorized to be appropriated for fiscal 
        year 2000, upon the certification described in section 
        941.
    (c) Advance Congressional Notification.--Funds made 
available pursuant to section 911 may be obligated and expended 
only if the appropriate certification has been submitted to the 
appropriate congressional committees 30 days prior to the 
payment of the funds.
    (d) Transmittal of Certifications.--Certifications made 
under this chapter shall be transmitted by the Secretary of 
State to the appropriate congressional committees.
    (e) Waiver Authority With Respect to Fiscal Year 1999 
Funds.--
          (1) In general.--Subject to paragraph (3) and 
        notwithstanding subsection (b), funds made available 
        under section 911 for fiscal year 1999 may be obligated 
        or expended pursuant to subsection (b)(2) even if the 
        Secretary of State cannot certify that the condition 
        described in section 931(b)(1) has been satisfied.
          (2) Requirements.--
                  (A) In general.--The authority to waive the 
                condition described in paragraph (1) of this 
                subsection may be exercised only if the 
                Secretary of State--
                          (i) determines that substantial 
                        progress towards satisfying the 
                        condition has been made and that the 
                        expenditure of funds pursuant to that 
                        paragraph is important to the interests 
                        of the United States; and
                          (ii) has notified, and consulted 
                        with, the appropriate congressional 
                        committees prior to exercising the 
                        authority.
                  (B) Effect on subsequent certification.--If 
                the Secretary of State exercises the authority 
                of paragraph (1), the condition described in 
                that paragraph shall be deemed to have been 
                satisfied for purposes of making any 
                certification under section 941.
          (3) Additional requirement.--If the authority to 
        waive a condition under paragraph (1)(A) is exercised, 
        the Secretary of State shall notify the United Nations 
        that the Congress does not consider the United States 
        obligated to pay, and does not intend to pay, 
        arrearages that have not been included in the contested 
        arrearages account or other mechanism described in 
        section 931(b)(1).
    (f) Waiver Authority With Respect to Fiscal Year 2000 
Funds.--
          (1) In general.--Subject to paragraph (2) and 
        notwithstanding subsection (b), funds made available 
        under section 911 for fiscal year 2000 may be obligated 
        or expended pursuant to subsection (b)(3) even if the 
        Secretary of State cannot certify that the condition 
        described in paragraph (1) of section 941(b) has been 
        satisfied.
          (2) Requirements.--
                  (A) In general.--The authority to waive a 
                condition under paragraph (1) may be exercised 
                only if the Secretary of State has notified, 
                and consulted with, the appropriate 
                congressional committees prior to exercising 
                the authority.
                  (B) Effect on subsequent certification.--If 
                the Secretary of State exercises the authority 
                of paragraph (1) with respect to a condition, 
                such condition shall be deemed to have been 
                satisfied for purposes of making any 
                certification under section 941.

SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE 
                    UNITED STATES.

    (a) Forgiveness of Indebtedness.--Subject to subsection 
(b), the President is authorized to forgive or reduce any 
amount owed by the United Nations to the United States as a 
reimbursement, including any reimbursement payable under the 
Foreign Assistance Act of 1961 or the United Nations 
Participation Act of 1945.
    (b) Limitations.--
          (1) Total amount.--The total of amounts forgiven or 
        reduced under subsection (a) may not exceed 
        $107,000,000.
          (2) Relation to united states arrearages.--Amounts 
        shall be forgiven or reduced under this section only to 
        the same extent as the United Nations forgives or 
        reduces amounts owed by the United States to the United 
        Nations as of September 30, 1997.
    (c) Requirements.--The authority in subsection (a) shall be 
available only to the extent and in the amounts provided in 
advance in appropriations Acts.
    (d) Congressional Notification.--Before exercising any 
authority in subsection (a), the President shall notify the 
appropriate congressional committees in accordance with the 
same procedures as are applicable to reprogramming 
notifications under section 634A of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2394-1).
    (e) Effective Date.--This section shall take effect on the 
date a certification is transmitted to the appropriate 
congressional committees under section 931.

                  CHAPTER 2--UNITED STATES SOVEREIGNTY

SEC. 921. CERTIFICATION REQUIREMENTS.

    (a) Contents on Certification.--A certification described 
in this section is a certification by the Secretary of State 
that the following conditions are satisfied:
          (1) Supremacy of the united states constitution.--No 
        action has been taken by the United Nations or any of 
        its specialized or affiliated agencies that requires 
        the United States to violate the United States 
        Constitution or any law of the United States.
          (2) No united nations sovereignty.--Neither the 
        United Nations nor any of its specialized or affiliated 
        agencies--
                  (A) has exercised sovereignty over the United 
                States; or
                  (B) has taken any steps that require the 
                United States to cede sovereignty.
          (3) No united nations taxation.--
                  (A) No legal authority.--Except as provided 
                in subparagraph (D), neither the United Nations 
                nor any of its specialized or affiliated 
                agencies has the authority under United States 
                law to impose taxes or fees on United States 
                nationals.
                  (B) No taxes or fees.--Except as provided in 
                subparagraph (D), a tax or fee has not been 
                imposed on any United States national by the 
                United Nations or any of its specialized or 
                affiliated agencies.
                  (C) No taxation proposals.--Except as 
                provided in subparagraph (D), neither the 
                United Nations nor any of its specialized or 
                affiliated agencies has, on or after October 1, 
                1996, officially approved any formal effort to 
                develop, advocate, or promote any proposal 
                concerning the imposition of a tax or fee on 
                any United States national in order to raise 
                revenue for the United Nations or any such 
                agency.
                  (D) Exception.--This paragraph does not apply 
                to--
                          (i) fees for publications or other 
                        kinds of fees that are not tantamount 
                        to a tax on United States citizens;
                          (ii) the World Intellectual Property 
                        Organization; or
                          (iii) the staff assessment costs of 
                        the United Nations and its specialized 
                        or affiliated agencies.
          (4) No standing army.--The United Nations has not, on 
        or after October 1, 1996, budgeted any funds for, nor 
        taken any official steps to develop, create, or 
        establish any special agreement under Article 43 of the 
        United Nations Charter to make available to the United 
        Nations, on its call, the armed forces of any member of 
        the United Nations.
          (5) No interest fees.--The United Nations has not, on 
        or after October 1, 1996, levied interest penalties 
        against the United States or any interest on arrearages 
        on the annual assessment of the United States, and 
        neither the United Nations nor its specialized agencies 
        have, on or after October 1, 1996, amended their 
        financial regulations or taken any other action that 
        would permit interest penalties to be levied against 
        the United States or otherwise charge the United States 
        any interest on arrearages on its annual assessment.
          (6) United states real property rights.--Neither the 
        United Nations nor any of its specialized or affiliated 
        agencies has exercised authority or control over any 
        United States national park, wildlife preserve, 
        monument, or real property, nor has the United Nations 
        nor any of its specialized or affiliated agencies 
        implemented plans, regulations, programs, or agreements 
        that exercise control or authority over the private 
        real property of United States citizens located in the 
        United States without the approval of the property 
        owner.
          (7) Termination of borrowing authority.--
                  (A) Prohibition on authorization of external 
                borrowing.--On or after the date of enactment 
                of this Act, neither the United Nations nor any 
                specialized agency of the United Nations has 
                amended its financial regulations to permit 
                external borrowing.
                  (B) Prohibition of united states payment of 
                interest costs.--The United States has not, on 
                or after October 1, 1984, paid its share of any 
                interest costs made known to or identified by 
                the United States Government for loans 
                incurred, on or after October 1, 1984, by the 
                United Nations or any specialized agency of the 
                United Nations through external borrowing.
    (b) Transmittal.--The Secretary of State may transmit a 
certification under subsection (a) at any time during fiscal 
year 1998 or thereafter if the requirements of the 
certification are satisfied.

   CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING 
                               OPERATIONS

SEC. 931. CERTIFICATION REQUIREMENTS.

    (a) In General.--A certification described in this section 
is a certification by the Secretary of State that the 
conditions in subsection (b) are satisfied. Such certification 
shall not be made by the Secretary if the Secretary determines 
that any of the conditions set forth in section 921 are no 
longer satisfied.
    (b) Conditions.--The conditions under this subsection are 
the following:
          (1) Contested arrearages.--The United Nations has 
        established an account or other appropriate mechanism 
        with respect to all United States arrearages incurred 
        before the date of enactment of this Act with respect 
        to which payments are not authorized by this Act, and 
        the failure to pay amounts specified in the account 
        does not affect the application of Article 19 of the 
        Charter of the United Nations. The account established 
        under this paragraph may be referred to as the 
        ``contested arrearages account''.
          (2) Limitation on assessed share of budget for united 
        nations peacekeeping operations.--The assessed share of 
        the budget for each assessed United Nations 
        peacekeeping operation does not exceed 25 percent for 
        any single United Nations member.
          (3) Limitation on assessed share of regular budget.--
        The share of the total of all assessed contributions 
        for the regular budget of the United Nations does not 
        exceed 22 percent for any single United Nations member.

                 CHAPTER 4--BUDGET AND PERSONNEL REFORM

SEC. 941. CERTIFICATION REQUIREMENTS.

    (a) In General.--
          (1) In general.--Except as provided in paragraph (2), 
        a certification described in this section is a 
        certification by the Secretary of State that the 
        conditions in subsection (b) are satisfied.
          (2) Specified certification.--A certification 
        described in this section is also a certification that, 
        with respect to the United Nations or a particular 
        designated specialized agency, the conditions in 
        subsection (b)(4) applicable to that organization are 
        satisfied, regardless of whether the conditions in 
        subsection (b)(4) applicable to any other organization 
        are satisfied, if the other conditions in subsection 
        (b) are satisfied.
          (3) Effect of specified certification.--Funds made 
        available under section 912(b)(3) upon a certification 
        made under this section with respect to the United 
        Nations or a particular designated specialized agency 
        shall be limited to that portion of the funds available 
        under that section that is allocated for the 
        organization with respect to which the certification is 
        made and for any other organization to which none of 
        the conditions in subsection (b) apply.
          (4) Limitation.--A certification described in this 
        section shall not be made by the Secretary if the 
        Secretary determines that any of the conditions set 
        forth in sections 921 and 931 are no longer satisfied.
    (b) Conditions.--The conditions under this subsection are 
the following:
          (1) Limitation on assessed share of regular budget.--
        The share of the total of all assessed contributions 
        for the regular budget of the United Nations, or any 
        designated specialized agency of the United Nations, 
        does not exceed 20 percent for any single United 
        Nations member.
          (2) Inspectors general for certain organizations.--
                  (A) Establishment of offices.--Each 
                designated specialized agency has established 
                an independent office of inspector general to 
                conduct and supervise objective audits, 
                inspections, and investigations relating to the 
                programs and operations of the organization.
                  (B) Appointment of inspectors general.--The 
                Director General of each designated specialized 
                agency has appointed an inspector general, with 
                the approval of the member states, and that 
                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 investigations.
                  (C) Assigned functions.--Each inspector 
                general appointed under subparagraph (A) is 
                authorized to--
                          (i) make investigations and reports 
                        relating to the administration of the 
                        programs and operations of the agency 
                        concerned;
                          (ii) have access to all records, 
                        documents, and other available 
                        materials relating to those programs 
                        and operations of the agency concerned; 
                        and
                          (iii) have direct and prompt access 
                        to any official of the agency 
                        concerned.
                  (D) Complaints.--Each designated specialized 
                agency has procedures in place designed to 
                protect the identity of, and to prevent 
                reprisals against, any staff member making a 
                complaint or disclosing information to, or 
                cooperating in any investigation or inspection 
                by, the inspector general of the agency.
                  (E) Compliance with recommendations.--Each 
                designated specialized agency has in place 
                procedures designed to ensure compliance with 
                the recommendations of the inspector general of 
                the agency.
                  (F) Availability of reports.--Each designated 
                specialized agency has in place procedures to 
                ensure that all annual and other relevant 
                reports submitted by the inspector general to 
                the agency are made available to the member 
                states without modification except to the 
                extent necessary to protect the privacy rights 
                of individuals.
          (3) New budget procedures for the united nations.--
        The United Nations has established and is implementing 
        budget procedures that--
                  (A) require the maintenance of a budget not 
                in excess of the level agreed to by the General 
                Assembly at the beginning of each United 
                Nations budgetary biennium, unless increases 
                are agreed to by consensus; and
                  (B) require the system-wide identification of 
                expenditures by functional categories such as 
                personnel, travel, and equipment.
          (4) Sunset policy for certain united nations 
        programs.--
                  (A) Existing authority.--The Secretary 
                General and the Director General of each 
                designated specialized agency have used their 
                existing authorities to require program 
                managers within the United Nations Secretariat 
                and the Secretariats of the designated 
                specialized agencies to conduct evaluations of 
                United Nations programs approved by the General 
                Assembly, and of programs of the designated 
                specialized agencies, in accordance with the 
                standardized methodology referred to in 
                subparagraph (B).
                  (B) Development of evaluation criteria.--
                          (i) United nations.--The Office of 
                        Internal Oversight Services has 
                        developed a standardized methodology 
                        for the evaluation of United Nations 
                        programs approved by the General 
                        Assembly, including specific criteria 
                        for determining the continuing 
                        relevance and effectiveness of the 
                        programs.
                          (ii) Designated specialized 
                        agencies.--Patterned on the work of the 
                        Office of Internal Oversight Services 
                        of the United Nations, each designated 
                        specialized agency has developed a 
                        standardized methodology for the 
                        evaluation of the programs of the 
                        agency, including specific criteria for 
                        determining the continuing relevance 
                        and effectiveness of the programs.
                  (C) Procedures.--Consistent with the July 16, 
                1997, recommendations of the Secretary General 
                regarding a sunset policy and results-based 
                budgeting for United Nations programs, the 
                United Nations and each designated specialized 
                agency has established and is implementing 
                procedures--
                          (i) requiring the Secretary General 
                        or the Director General of the agency, 
                        as the case may be, to report on the 
                        results of evaluations referred to in 
                        this paragraph, including the 
                        identification of programs that have 
                        met criteria for continuing relevance 
                        and effectiveness and proposals to 
                        terminate or modify programs that have 
                        not met such criteria; and
                          (ii) authorizing an appropriate body 
                        within the United Nations or the 
                        agency, as the case may be, to review 
                        each evaluation referred to in this 
                        paragraph and report to the General 
                        Assembly on means of improving the 
                        program concerned or on terminating the 
                        program.
                  (D) United states policy.--It shall be the 
                policy of the United States to seek adoption by 
                the United Nations of a resolution requiring 
                that each United Nations program approved by 
                the General Assembly, and to seek adoption by 
                each designated specialized agency of a 
                resolution requiring that each program of the 
                agency, be subject to an evaluation referred to 
                in this paragraph and have a specific 
                termination date so that the program will not 
                be renewed unless the evaluation demonstrates 
                the continuing relevance and effectiveness of 
                the program.
                  (E) Definition.--For purposes of this 
                paragraph, the term ``United Nations program 
                approved by the General Assembly'' means a 
                program approved by the General Assembly of the 
                United Nations which is administered or funded 
                by the United Nations.
          (5) United nations advisory committee on 
        administrative and budgetary questions.--
                  (A) In general.--The United States has a seat 
                on the United Nations Advisory Committee on 
                Administrative and Budgetary Questions or the 
                five largest member contributors each have a 
                seat on the Advisory Committee.
                  (B) Definition.--As used in this paragraph, 
                the term ``5 largest member contributors'' 
                means the 5 United Nations member states that, 
                during a United Nations budgetary biennium, 
                have more total assessed contributions than any 
                other United Nations member state to the 
                aggregate of the United Nations regular budget 
                and the budget (or budgets) for United Nations 
                peacekeeping operations.
          (6) Access by the general accounting office.--The 
        United Nations has in effect procedures providing 
        access by the United States General Accounting Office 
        to United Nations financial data to assist the Office 
        in performing nationally mandated reviews of United 
        Nations operations.
          (7) Personnel.--
                  (A) Appointment and service of personnel.--
                The Secretary General--
                          (i) has established and is 
                        implementing procedures that ensure 
                        that staff employed by the United 
                        Nations is appointed on the basis of 
                        merit consistent with Article 101 of 
                        the United Nations Charter; and
                          (ii) is enforcing those contractual 
                        obligations requiring worldwide 
                        availability of all professional staff 
                        of the United Nations to serve and be 
                        relocated based on the needs of the 
                        United Nations.
                  (B) Code of conduct.--The General Assembly 
                has adopted, and the Secretary General has the 
                authority to enforce and is effectively 
                enforcing, a code of conduct binding on all 
                United Nations personnel, including the 
                requirement of financial disclosure statements 
                binding on senior United Nations personnel and 
                the establishment of rules against nepotism 
                that are binding on all United Nations 
                personnel.
                  (C) Personnel evaluation system.--The United 
                Nations has adopted and is enforcing a 
                personnel evaluation system.
                  (D) Periodic assessments.--The United Nations 
                has established and is implementing a mechanism 
                to conduct periodic assessments of the United 
                Nations payroll to determine total staffing, 
                and the results of such assessments are 
                reported in an unabridged form to the General 
                Assembly.
                  (E) Review of united nations allowance 
                system.--The United States has completed a 
                thorough review of the United Nations personnel 
                allowance system. The review shall include a 
                comparison of that system with the United 
                States civil service system, and shall make 
                recommendations to reduce entitlements to 
                allowances and allowance funding levels from 
                the levels in effect on January 1, 1998.
          (8) Reduction in budget authorities.--The designated 
        specialized agencies have achieved zero nominal growth 
        in their biennium budgets for 2000-01 from the 1998-99 
        biennium budget levels of the respective agencies.
          (9) New budget procedures and financial 
        regulations.--Each designated specialized agency has 
        established procedures to--
                  (A) require the maintenance of a budget that 
                does not exceed the level agreed to by the 
                member states of the organization at the 
                beginning of each budgetary biennium, unless 
                increases are agreed to by consensus;
                  (B) require the identification of 
                expenditures by functional categories such as 
                personnel, travel, and equipment; and
                  (C) require approval by the member states of 
                the agency's supplemental budget requests to 
                the Secretariat in advance of expenditures 
                under those requests.
          (10) Limitation on assessed share of regular budget 
        for the designated specialized agencies.--The share of 
        the total of all assessed contributions for any 
        designated specialized agency does not exceed 22 
        percent for any single member of the agency.

                  Subtitle C--Miscellaneous Provisions

SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.

    Except as otherwise specifically provided, nothing in this 
title may be construed to make available funds in violation of 
any provision of law containing a specific prohibition or 
restriction on the use of the funds, including section 114 of 
the Department of State Authorization Act, Fiscal Years 1984 
and 1985 (Public Law 98-164; 22 U.S.C. 287e note), section 151 
of the Foreign Relations Authorization Act, Fiscal Years 1986 
and 1987 (Public Law 99-93; 22 U.S.C. 287e note), and section 
404 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 22 U.S.C. 287e note).

SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER 
                    INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED 
                    STATES HAS WITHDRAWN OR RESCINDED FUNDING.

    None of the funds authorized to be appropriated by this 
title shall be used to pay any arrearage for--
          (1) the United Nations Industrial Development 
        Organization;
          (2) any costs to merge that organization into the 
        United Nations;
          (3) the costs associated with any other organization 
        of the United Nations from which the United States has 
        withdrawn including the costs of the merger of such 
        organization into the United Nations; or
          (4) the World Tourism Organization, or any other 
        international organization with respect to which 
        Congress has rescinded funding.
              3. United Nations Headquarters Agreement Act

   Partial text of Public Law 80-357 [S.J. Res. 144], 61 Stat. 756, 
                        approved August 4, 1947

  JOINT RESOLUTION Authorizing the President to bring into effect an 
  agreement between the United States and the United Nations for the 
   purpose of establishing the permanent headquarters of the United 
  Nations in the United States and authorizing the taking of measures 
    necessary to facilitate compliance with the provisions of such 
                 agreement, and for other purposes.\1\

Whereas the Charter of the United Nations was signed on behalf 
    of the United States on June 26, 1945, and was ratified on 
    August 8, 1945, by the President of the United States, by 
    and with the advice and consent of the Senate, and the 
    instrument of ratification of said Charter was deposited on 
    August 8, 1945; and
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 287 note.
---------------------------------------------------------------------------
Whereas the said Charter of the United Nations came into force 
    with respect to the United States on October 24, 1945; and
Whereas article 104 of the Charter provides that ``The 
    Organization shall enjoy in the territory of each of its 
    Members such legal capacity as may be necessary for the 
    exercise of its functions and the fulfillment of its 
    purposes''; and
Whereas article 105 of the Charter provides that:
          ``1. The Organization shall enjoy in the territory of 
        each of its Members such privileges and immunities as 
        are necessary for the fulfillment of its purposes.
          ``2. Representatives of the Members of the United 
        Nations and officials of the Organization shall 
        similarly enjoy such privileges and immunities as are 
        necessary for the independent exercise of their 
        functions in connection with the Organization.
          ``3. The General Assembly may make recommendations 
        with a view to determining the details of the 
        application of paragraphs 1 and 2 of this article or 
        may propose conventions to the Members of the United 
        Nations for this purpose.''; and
Whereas article 28 and other articles of the Charter of the 
    United Nations contemplate the establishment of a seat for 
    the permanent headquarters of the Organization; and
Whereas the interim arrangements concluded on June 26, 1945, by 
    the governments represented at the United Nations 
    Conference on International Organization instructed the 
    Preparatory Commission established in pursuance of the 
    arrangements to ``make studies and prepare recommendations 
    concerning the location of the permanent headquarters of 
    the Organization''; and
Whereas during the labors of the said Preparatory Commission, 
    the Congress of the United States in H. Con. Res. 75, 
    passed unanimously by the House of Representatives December 
    10, 1945, and agreed to unanimously by the Senate December 
    11, 1945, invited the United Nations ``to locate the seat 
    of the United Nations Organization within the United 
    States''; and
Whereas the General Assembly on December 14, 1946, resolved 
    ``that the permanent headquarters of the United Nations 
    shall be established in New York City in the area bounded 
    by First Avenue, East Forty-eighth Street, the East River, 
    and East Forty-second Street''; and
Whereas the General Assembly resolved on December 14, 1946, 
    ``That the Secretary-General be authorized to negotiate and 
    conclude with the appropriate authorities of the United 
    States of America an agreement concerning the arrangements 
    required as a result of the establishment of the permanent 
    headquarters of the United Nations in the city of New 
    York'' and to be guided in these negotiations by the 
    provisions of a preliminary draft agreement which had been 
    negotiated by the Secretary-General and the Secretary of 
    State of the United States; and
Whereas the General Assembly resolved on December 14, 1946, 
    that pending the coming into force of the agreement 
    referred to above ``the Secretary-General be authorized to 
    negotiate and conclude arrangements with the appropriate 
    authorities of the United States of America to determine on 
    a provisional basis the privileges, immunities, and 
    facilities needed in connection with the temporary 
    headquarters of the United Nations''; and
Whereas the Secretary of State of the United States, after 
    consultation with the appropriate authorities of the State 
    and city of New York, signed at Lake Success, New York, on 
    June 26, 1947, on behalf of the United States an agreement 
    with the United Nations regarding the headquarters of the 
    United Nations, which agreement is incorporated herein; and
Whereas the aforesaid agreement provides that it shall be 
    brought into effect by an exchange of notes between the 
    United States and the Secretary-General of the United 
    Nations: Therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
President is hereby authorized to bring into effect on the part 
of the United States the agreement between the United States of 
America and the United Nations regarding the headquarters of 
the United Nations, signed at Lake Success, New York, on June 
26, 1947 (hereinafter referred to as the ``agreement''), with 
such changes therein not contrary to the general tenor thereof 
and not imposing any additional obligations on the United 
States as the President may deem necessary and appropriate, and 
at his discretion, after consultation with the appropriate 
State and local authorities, to enter into such supplemental 
agreements with the United Nations as may be necessary to 
fulfill the purposes of the said agreement: Provided, That any 
supplemental agreement entered into pursuant to section 5 of 
the agreement incorporated herein shall be submitted to the 
Congress for approval. The agreement follows: \2\
---------------------------------------------------------------------------
    \2\ For text of the agreement, see Legislation on Foreign 
Relations, vol. V.
---------------------------------------------------------------------------
          * * * * * * *
  Sec. 2. For the purpose of carrying out the obligations of 
the United States under said agreement and supplemental 
agreements with respect to United States assurances that the 
United Nations shall not be dispossessed of its property in the 
headquarters district, and with respect to the establishment of 
radio facilities and the possible establishment of an airport:
  (a) The President of the United States, or any official or 
governmental agency authorized by the President, may acquire in 
the name of the United States any property or interest therein 
by purchase, donation, or other means of transfer, or may cause 
proceedings to be instituted for the acquisition of the same by 
condemnation.
  (b) Upon the request of the President, or such officer as the 
President may designate, the Attorney General of the United 
States shall cause such condemnation or other proceedings to be 
instituted in the name of the United States in the district 
court of the United States for the district in which the 
property is situated and such court shall have full 
jurisdiction of such proceedings, and any condemnation 
proceedings shall be conducted in accordance with the Act of 
August 1, 1888 (25 Stat. 357), as amended, and the Act of 
February 26, 1931 (46 Stat. 1421), as amended.
  (c) After the institution of any such condemnation 
proceedings, possession of the property may be taken at any 
time the President, or such officer as he may designate, 
determines is necessary, and the court shall enter such orders 
as may be necessary to effect entry and occupancy of the 
property.
  (d) The President of the United States, or any officer or 
governmental agency duly authorized by the President, may, in 
the name of the United States, transfer or convey possession of 
and title to any interest in any property acquired or held by 
the United States, pursuant to paragraph (a) above, to the 
United Nations on the terms provided in the agreement or in any 
supplemental agreement, and shall execute and deliver such 
conveyances and other instruments and perform such other acts 
in connection therewith as may be necessary to carry out the 
provisions of the agreement.
  (e) There are authorized to be appropriated, out of any money 
in the Treasury not otherwise appropriated, such sums as may be 
required to enable the United States to carry out the 
undertakings hereby authorized: Provided, That any money 
appropriated under this authorization shall be spent only on a 
basis of reimbursement by the United Nations in accordance with 
section 3 of the agreement, and that the money thus reimbursed 
shall be deposited and covered into the Treasury of the United 
States as miscellaneous receipts.
  Sec. 3. The President, or the Secretary of State under his 
direction, is authorized to enter into agreements with the 
State of New York or any other State of the United States and 
to the extent not inconsistent with State law, with any one or 
more of the political subdivisions thereof in aid of 
effectuating the provisions of the agreement.
  Sec. 4. Any States, or, to the extent not inconsistent with 
State law, any political subdivisions thereof, affected by the 
establishment of the headquarters of the United Nations in the 
United States are authorized to enter into agreements with the 
United Nations or with each other consistent with the agreement 
and for the purpose of facilitating compliance with the same: 
Provided, That, except in cases of emergency and agreements of 
a routine contractual character, a representative of the United 
States, to be appointed by the Secretary of State, may, at the 
discretion of the Secretary of State, participate in the 
negotiations, and that any such agreement entered into by such 
State or States or political subdivisions thereof shall be 
subject to approval by the Secretary of State.
  Sec. 5. The President is authorized to make effective with 
respect to the temporary headquarters of the United Nations in 
the State of New York, on a provisional basis, such of the 
provisions of the agreement as he may deem appropriate, having 
due regard for the needs of the United Nations at its temporary 
headquarters.
  Sec. 6. Nothing in the agreement shall be construed as in any 
way diminishing, abridging, or weakening the right of the 
United States to safeguard its own security and completely to 
control the entrance of aliens into any territory of the United 
States other than the headquarters district and its immediate 
vicinity, as to be defined and fixed in a supplementary 
agreement between the Government of the United States and the 
United Nations in pursuance of section 13(3)(e) of the 
agreement, and such areas as it is reasonably necessary to 
traverse in transit between the same and foreign countries. 
Moreover, nothing in section 14 of the agreement with respect 
to facilitating entrance into the United States by persons who 
wish to visit the headquarters district and do not enjoy the 
right of entry provided in section 11 of the agreement shall be 
construed to amend or suspend in any way the immigration laws 
of the United States or to commit the United States in any way 
to effect any amendment or suspension of such law.
      4. U.S. Participation in Certain International Organizations

   Partial text of Public Law 81-806 [H.J. Res. 334], 64 Stat. 902, 
                      approved September 21, 1950

  JOINT RESOLUTION To amend certain laws providing for membership and 
      participation by the United States in certain international 
                             organizations.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
following laws of the United States are hereby amended in the 
following particulars: * * * \1\
---------------------------------------------------------------------------
    \1\ This resolution raised funding authorizations for U.S. 
participation in international organizations: American International 
Institute for the Protection of Childhood (22 U.S.C. 269b--obsolete), 
United Nations Food and Agricultural Organization (22 U.S.C. 279a), 
South Pacific Commission (22 U.S.C. Sup. III, 280b(a)), World Health 
Organization (22 U.S.C. Sup. III, 290b), and International Labour 
Conference, International Labor Organization (22 U.S.C. Sup. III, 
272a(a) and (b)).
---------------------------------------------------------------------------
    Sec. 2. All financial contributions by the United States to 
the normal operations of the international organizations 
covered by this Act, which member states are obligated to 
support annually, shall be limited to the amounts provided in 
this Act: Provided, That contributions for special projects not 
regularly budgeted by such international organizations shall 
not be subject to the above limitation.
    All financial contributions by the United States to 
international organizations in which the United States 
participates as a member shall be made by or with the consent 
of the Department of States regardless of the appropriation 
from which any such contributions is made. The Secretary of 
State shall report annually to the Congress on the extent and 
disposition of such contributions.
    5. Appropriations Limitation on Contributions to International 
                           Organizations \1\

Partial text of Public Law 92-544 [H.R. 14989], 86 Stat. 1109, approved 
                            October 25, 1972

AN ACT Making appropriations for the Departments of State, Justice and 
   Commerce, the Judiciary, and related agencies for the fiscal year 
             ending June 30, 1973, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of 
State, Justice, and Commerce, the Judiciary, and related 
agencies for the fiscal year ending June 30, 1973, and for 
other purposes, namely:

          * * * * * * *

    contributions to international organizations \1\, \2\

    * * * Provided, That after December 31, 1973, no 
appropriation is authorized and no payment shall be made to the 
United Nations or any affiliated agency in excess of 25 per 
centum \1\ of the total annual assessment of such organization. 
Appropriations are authorized and contributions and payments 
may be made to the following organizations and activities 
notwithstanding that such contributions and payments are in 
excess of 25 per centum of the total annual assessment of the 
respective organization or 33\1/3\ per centum of the budget for 
the respective activity: the International Atomic Energy 
Agency, the joint financing program of the International Civil 
Aviation Organization, and contributions for international 
peacekeeping activities conducted by or under the auspices of 
the United Nations or through multilateral agreements.\3\
---------------------------------------------------------------------------
    \1\ Restriction in Public Law 82-495 (66 Stat. 550, July 10, 1952). 
Department of State Appropriation Act, 1953, is considered permanent 
legislation with respect to the international organizations not 
exempted. See 22 U.S.C. 262b. It reads as follows:
    ``No representative of the United States Government in any 
international organization after fiscal year 1953 shall make any 
commitment requiring the appropriation of funds for a contribution by 
the United States in excess of 33\1/2\ per centum of the budget of any 
international organization for which the appropriation for the United 
States contribution is contained in this Act: Provided, That in 
exceptional circumstances necessitating a contribution by the United 
States in excess of 33\1/3\ per centum of the budget, a commitment 
requiring a United States appropriation of a larger proportion may be 
made after consultation by United States representatives in the 
organization or other appropriate officials of the Department of State 
with the Committees on Appropriations of the Senate and House of 
Representatives; Provided, however, That this section shall not apply 
to the United States representatives to the Inter-American 
organizations, Caribbean Commission and the Joint Support program of 
the International Civil Aviation Organization.''.
    This provision was first included in sec. 602 of the Departments of 
State, Justice, Commerce, and the Judiciary Appropriation Act, 1952 
(Public Law 83-188; 65 Stat. 599; Oct. 22, 1951).
    The exemption granted to the Caribbean Commission and the Joint 
Support program of the International Civil Aviation Organization was 
added by the Department of State Appropriation Act, 1954 (Public Law 
83-195; 67 Stat. 368; Aug. 5, 1953).
    Note: In addition, there are specific legislative limitations on 
the percentage contribution of the United States to the following 
organizations:
    (1) 33\1/3\ percent to the World Health Organization (Act of July 
14, 1948; 22 U.S.C. 290b). However, sec. 103 of the Foreign Relations 
Authorization Act, Fiscal Year 1978 (91 Stat. 844), stated that 
notwithstanding the provisions of Public Law 92-544, $7,281,583 of the 
FY 1978 appropriation authorization for ``International Organizations 
and Conferences'' is authorized to be paid to the World Health 
Organization for any unpaid balance of the U.S. assessed contribution 
to such organization for the calendar years 1974 through 1977.
    (2) 33\1/3\ percent to the Food and Agriculture Organization (Act 
of July 31, 1945; 22 U.S.C. 279a);
    (3) 25 percent to the International Labor Organization (Act of June 
30, 1948; 22 U.S.C. 272a);
    (4) 25 percent to the NATO Parliamentary Conference (Act of July 
11, 1956; 22 U.S.C. 1928b); and
    (5) Not to exceed 20 per centum of the total contributions assessed 
for any period to administer the International Coffee Agreement (TIAS 
5505, 14 UST 1911, Sept. 28, 1962), and such amount shall not exceed 
$150,000 for any fiscal year, to the International Coffee Organization 
(sec. 6 of Public Law 89-23; 79 Stat. 113; approved May 22, 1965). 
However, sec. 428 of Public Law 103-236 provides that no funds 
authorized to be appropriated by that Act may be made available for the 
ICO.
    2 See also secs. 114 and 115 of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 
Stat. 1020), which provided other limitations on certain U.S. 
contributions to international organizations.
    \3\ Sec. 203 of the Foreign Relations Authorization Act, Fiscal 
Year 1976 (Public Law 94-141), inserted a period after 
``organization'', struck out the text following it, and inserted the 
language beginning with ``Appropriations are authorized''. Formerly, 
the section following ``organization'' read ``except that this proviso 
shall not apply to the International Atomic Energy Agency and to the 
joint financing program of the International Civil Aviation 
Organization.''.
---------------------------------------------------------------------------
          * * * * * * *
       6. U.N. Provisions in Foreign Relations Authorization Acts



          Note.--For provisions in recent Foreign Relations 
        Authorization Act relating to the United Nations, see:
          --Admiral James W. Nance and Meg Donovan Foreign 
        Relations Authorization Act, Fiscal Years 2000 and 
        2001, especially title VII, subtitle B (Public Law 106-
        113; 113 Stat. 1536);
          --Foreign Relations Authorization Act, Fiscal Years 
        1994 and 1995, especially title IV, part A (Public Law 
        103-236; 108 Stat. 382);
          --Foreign Relations Authorization Act, Fiscal Years 
        1992 and 1993, secs. 161, 170, 174-175, 212, 192, and 
        364 (Public Law 102-138; 105 Stat. 647);
          --Foreign Relations Authorization Act, Fiscal Years 
        1990 and 1991, secs. 406-408 (Public Law 101-246; 104 
        Stat. 15);
          --Foreign Relations Authorization Act, Fiscal Years 
        1988 and 1989, title VII, and sec. 1211 (Public Law 
        100-204; 101 Stat. 1331);
          --Foreign Relations Authorization Act, Fiscal Years 
        1986 and 1987, sec. 151 (Public Law 99-93; 99 Stat. 
        405);
          --Department of State Authorization Act, Fiscal Years 
        1984 and 1985, secs. 113-116, 118-119 (Public Law 98-
        164; 97 Stat. 1017);
          --Department of State Authorization Act, Fiscal Years 
        1982 and 1983, secs. 104, 108, 109 (Public Law 97-241; 
        96 Stat. 273);
          --Foreign Relations Authorization Act, Fiscal Year 
        1979, secs. 103 and 609 (Public Law 95-426; 92 Stat. 
        963);
          --Foreign Relations Authorization Act, Fiscal Year 
        1978, sec. 503 (Public Law 95-105; 91 Stat. 844); and
          --Foreign Relations Authorization Act, Fiscal Year 
        1976, secs. 205 and 503 (Public Law 94-141; 89 Stat. 
        756).


        7. United Nations Peacekeeping Forces in the Middle East

   Public Law 94-37 [S. 818], Stat. 216, approved June 19, 1975, as 
   amended by Public Law 99-93 [Foreign Relations Authorization Act, 
 Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 408, approved August 
                                16, 1985

 AN ACT To authorize United States payments to the United Nations for 
expenses of the United Nations peacekeeping forces in the Middle East, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Secretary of State may, to the extent funds are authorized and 
appropriated for this purpose, make payments of \1\ such sums 
as may be necessary from time to time for payment by the United 
States of its share of the expenses of the United Nations 
peacekeeping forces in the Middle East, as apportioned by the 
United Nations in accordance with article 17 of the United 
Nations Charter, notwithstanding the limitation on 
contributions to international organizations contained in 
Public Law 92-544 (86 Stat. 1109).\2\
---------------------------------------------------------------------------
    \1\The language to this point beginning with ``the Secretary of 
State,'' was inserted in lieu of ``there is hereby authorized to be 
appropriated to the Department of State'' by sec. 103 of the Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-
93; 99 Stat. 408).
    \2\ The Department of State Appropriation Act, 1980 (Public Law 96-
68; 93 Stat. 417), appropriated $67,000,000 for U.S. payment to the 
United Nations peacekeeping forces in the Middle East.
---------------------------------------------------------------------------
          8. Response to United Nations Resolution on Zionism

_______________________________________________________________________


          Note.--On December 16, 1991, the United Nations 
        General Assembly voted to ``revoke the determination 
        contained in its resolution 3379 (XXX) of 10 November 
        1975.'', making obsolete those Public Laws and 
        resolutions calling for the repeal of Resolution 3379: 
        Public Law 101-317 [S.J. Res. 246], 104 Stat. 285, 
        approved June 29, 1990; Public Law 100-169 [S.J. Res. 
        205], 101 Stat. 913, approved November 17, 1987; Public 
        Law 99-90 [S.J. Res. 98], 99 Stat. 385, approved August 
        15, 1985; House Resolution 855, 94th Congress, agreed 
        to November 11, 1975; Senate Resolution 288, 94th 
        Congress, agreed to October 28, 1975, and Senate 
        Concurrent Resolution 73, 94th Congress, agreed to 
        November 12, 1975.

_______________________________________________________________________

    9. United Nations Environment Program Participation Act of 1973

Public Law 93-188 [H.R. 6788], 87 Stat. 713, approved December 15, 1973

AN ACT To provide for participation by the United States in the United 
                      Nations environment program.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``United Nations Environment Program 
Participation Act of 1973''.
    Sec. 2. It is the policy of the United States to 
participate in coordinated international efforts to solve 
environmental problems of global and international concern, and 
in order to assist the implementation of this policy, to 
contribute funds to the United Nations Environmental Fund for 
the support of international measures to protect and improve 
the environment.
    Sec. 3. There is authorized to be appropriated $40,000,000 
for contributions to the United Nations Environment Fund, which 
amount is authorized to remain available until expended, and 
which may be used upon such terms and conditions as the 
President may specify: Provided, That not more than $10,000,000 
may be appropriated for use in fiscal year 1974.\1\
---------------------------------------------------------------------------
    \1\ The Foreign Assistance Appropriations Act, 1977, provided 
$10,000,000 for necessary expenses to carry out the provisions of sec. 
2.
             10. Support of Peaceful Settlement of Disputes

Executive Order 10206, January 19, 1951, 16 F.R. 529, 22 U.S.C. 287d-1 
                                 note.

    By virtue of the authority vested in me by the Constitution 
and the statutes, including the United Nations Participation 
Act of 1945 (59 Stat. 619), as amended, hereinafter referred to 
as the Act, and the act of August 8, 1950 (Public Law 673, 81st 
Congress), and as President of the United States, it is hereby 
ordered as follows:
    1. The Secretary of State, upon the request by the United 
Nations for cooperative action, and to the extent that he finds 
that it is consistent with the national interest to comply with 
such request, is authorized, in support of such activities of 
the United Nations as are specifically directed to the peaceful 
settlement of disputes and are not involving the employment of 
armed forces contemplated by Chapter VII of the United Nations 
Charter, to request the Secretary of Defense to detail 
personnel of the armed forces to the United Nations, and to 
furnish facilities, services, or other assistance and to loan 
supplies and equipment to the united Nations in an agreed fair 
share of the United States under such terms and conditions as 
the Secretary of State and the Secretary of Defense shall 
jointly determine and in accordance with and subject to the 
provisions of paragraphs (1), (2), and (3) of section 7(a) of 
the Act, and the Secretary of Defense is authorized to comply 
with the request of the Secretary of State, giving due regard 
to the requirements of the national defense.
    2. The Secretary of State, in accordance with and subject 
to the provisions of section 7(b) of the Act, shall require 
reimbursement from the United Nations for the expense thereby 
incurred by the United States whenever personnel or assistance 
is made available to the United Nations except that in 
exceptional circumstances or when the Secretary of State finds 
it to be in the national interest, he may, after consultation 
with the Secretary of Defense, waive, in whole or in part, the 
requirement of such reimbursement.
    3. The Secretary of Defense, in accordance with and subject 
to the provisions of section 7(a)(1) of the Act, may authorize 
personnel of the armed forces detailed to the United Nations to 
accept directly from the United Nations (a) any or all of the 
allowances or perquisites to which they are entitled under the 
first proviso of section 7(a)(1) of the Act, and (b) 
extraordinary expenses and perquisites incident to such detail.
                     11. Privileges and Immunities

       a. International Organizations Immunities Act, as amended

 Partial text of Public Law 79-291 [H.R. 4489], 59 Stat. 669, approved 
  December 29, 1945, as amended by Public Law 89-353 [H.R. 8210], 80 
 Stat. 5, approved February 2, 1966; Public Law 93-161 [H.R. 8219], 87 
Stat. 635, approved November 27, 1973; Public Law 96-60 [Department of 
  State Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363], 93 
 Stat. 403, approved August 15, 1979; Public Law 98-164 [Department of 
  State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2159], 97 
  Stat. 1017 at 1023, approved November 22, 1983; Public Law 100-204 
[Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 
 1777], 101 Stat. 1331, approved December 22, 1987; Public Law 100-362 
 [International Organizations Immunities Act: Organization of Eastern 
  Caribbean States; H.R. 4162], 102 Stat. 819, approved July 6, 1988; 
 Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 
  1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; 
  Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October 
                                21, 1998

  AN ACT To extend certain privileges, exemptions, and immunities to 
international organizations and to the officers and employees thereof, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                                TITLE I

    Section 1.\1\ For the purposes of this title the term 
``International organization'' means a public international 
organization in which the United States participates pursuant 
to any treaty or under the authority of any Act of Congress 
authorizing such participation or making an appropriation for 
such participation, and which shall have been designated by the 
President through appropriate Executive order as being entitled 
to enjoy the privileges, exemptions, and immunities herein 
provided. The President shall be authorized, in the light of 
the functions performed by any such international organization, 
by appropriate Executive order to withhold or withdraw from any 
such organization or its officers or employees any of the 
privileges, exemptions, and immunities provided for in this 
title (including the amendments made by this title) or to 
condition or limit the enjoyment by any such organization or 
its officers or employees of any such privilege, exemption, or 
immunity. The President shall be authorized, if in his judgment 
such action should be justified by reason of the abuse by an 
international organization or its officers and employees of the 
privileges, exemptions, and immunities herein provided or for 
any other reason, at any time revoke the designation of any 
international organization under this section, whereupon the 
international organization in question shall cease to be 
classed as an international organization for the purposes of 
this title.\2\
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 288.
    \2\ The international organizations listed below this note are 
currently designated by the President as public international 
organizations entitled to enjoy the privileges, exemptions and 
immunities of the International Organizations Immunities Act.
    Sec. 283 of the Federal Agriculture Improvement and Reform Act of 
1996 (Public Law 104-127; 110 Stat. 980; 22 U.S.C. 288 note) provided 
the following:
    ``sec. 283. international cotton advisory committee.
    (a)``In General.--The President shall ensure that the Government of 
the United States participates as a full member of the International 
Cotton Advisory Committee.
    ``(b) Representation by the Secretary.--The Secretary of 
Agriculture shall represent the Government of the United States as a 
member of the International Cotton Advisory Committee and shall 
delegate the primary responsibility to represent the Government of the 
United States to appropriately qualified individuals.''.

 
------------------------------------------------------------------------
   Executive Order No.              Date               Organization
------------------------------------------------------------------------
9698.....................  Feb. 19, 1946          The Food and
                                                   Agriculture
                                                   Organization.
                                                  The International
                                                   Labor Organization.
                                                  The United Nations.
9751.....................  July 11, 1946          Inter-American
                                                   Institute of
                                                   Agricultural
                                                   Sciences.
                                                  Inter-American
                                                   Statistical
                                                   Institute.
                                                  International Bank for
                                                   Reconstruction and
                                                   Development.
                                                  International Monetary
                                                   Fund.
9823.....................  Jan. 24, 1947          International Wheat
                                                   Advisory Committee.
                                                  (International Wheat
                                                   Council.)
9863.....................  May 31, 1947           United Nations
                                                   Educational,
                                                   Scientific, and
                                                   Cultural
                                                   Organization.
                                                  International Civil
                                                   Aviation
                                                   Organization.
                                                  International
                                                   Telecommunication
                                                   Union.
9911.....................  Dec. 10, 1947          International Cotton
                                                   Advisory Committee.
9972.....................  June 25, 1948          International Joint
                                                   Commission, United
                                                   States and Canada.
10025....................  Dec. 30, 1948          World Health
                                                   Organization.
10086....................  Nov. 25, 1949          South Pacific
                                                   Commission.
10133....................  June 27, 1950          Organization for
                                                   European Economic
                                                   Cooperation.
10228....................  Mar. 26, 1951          Inter-American Defense
                                                   Board.
10335....................  Mar. 28, 1952          Provisional
                                                   Intergovernmental
                                                   Committee for the
                                                   Movement of Migrants
                                                   from Europe (now the
                                                   Intergovernmental
                                                   Committee for
                                                   European Migration).
10533....................  June 3, 1954           Organization of
                                                   American States
                                                   (includes the Pan
                                                   American Union,
                                                   previously designated
                                                   Feb. 19, 1946, by
                                                   Executive Order No.
                                                   9698).
10676....................  Sept. 1, 1956          World Meteorological
                                                   Organization.
10680....................  Oct. 2, 1956           International Finance
                                                   Corporation.
10727....................  Aug. 31, 1957          International Atomic
                                                   Energy Agency
                                                   (included the
                                                   Preparatory
                                                   Commission of the
                                                   International Atomic
                                                   Energy Agency).
                                                  Universal Postal
                                                   Union.
10769....................  May 20, 1958           International
                                                   Hydrographic Bureau.
10795....................  Dec. 13, 1958          Intergovernmental
                                                   Maritime Consultative
                                                   Organization.
10864....................  Feb. 18, 1960          Pan American Health
                                                   Organization
                                                   (includes the Pan
                                                   American Sanitary
                                                   Bureau, previously
                                                   designated July 11,
                                                   1946, by Executive
                                                   Order No. 9751).
10873....................  Apr. 8, 1960           Inter-American
                                                   Development Bank.
10983....................  Dec. 30, 1961          Caribbean
                                                   Organization.
11059....................  Oct. 23, 1962          Inter-American
                                                   Tropical Tuna
                                                   Commission.
                                                  Great Lakes Fishery
                                                   Commission.
                                                  International Pacific
                                                   Halibut Commission.
11225....................  May 22, 1965           International Coffee
                                                   Organization.
11227....................  June 2, 1965           Interim Communications
                                                   Satellite Committee.
11277....................  Apr. 30, 1966          International
                                                   Telecommunications
                                                   Satellite Consortium.
11283....................  May 27, 1966           International Cotton
                                                   Institute.
11334....................  Mar. 7, 1967           Asian Development
                                                   Bank.
11363....................  July 20, 1967          International
                                                   Secretariat for
                                                   Volunteer Service.
11372....................  Sept. 18, 1967         Lake Ontario Claims
                                                   Tribunal (status
                                                   revoked by Executive
                                                   Order 11439, Dec. 7,
                                                   1968).
11484....................  Sept. 29, 1969         United International
                                                   Bureau for the
                                                   Protection of
                                                   Intellectual Property
                                                   (BIRPI).
11596....................  June 5, 1971           Customs Cooperation
                                                   Council.
11718....................  May 14, 1973           International
                                                   Telecommunications
                                                   Satellite
                                                   Organization.
11760....................  Jan. 17, 1974          European Space Agency
                                                   (superseding
                                                   Executive Orders
                                                   11318 and 11351).
11767....................  Feb. 19, 1974          Organization of
                                                   African Unity.
11866....................  June 20, 1975          World Intellectual
                                                   Property
                                                   Organization.
11966....................  Jan. 19, 1977          International
                                                   Development
                                                   Association.
                                                  International Centre
                                                   for Settlement of
                                                   Investment Disputes.
                                                  International
                                                   Telecommunications
                                                   Satellite
                                                   Organization.
11977....................  Mar. 14, 1977          The African
                                                   Development Fund.
                                                  The International
                                                   Fertilizer
                                                   Development Center.
12238....................  Sept. 12, 1980         International Maritime
                                                   Satellite
                                                   Organization.
12359....................  Apr. 22, 1982          The Multinational
                                                   Force and Observers.
                                                  The International Food
                                                   Policy Research
                                                   Institute (except for
                                                   those provided by
                                                   sec. 2(a)-(c), the
                                                   last clause of sec.
                                                   2(d), and sec. 7(b).
12403....................  Feb. 8, 1983           The African
                                                   Development Bank.
12425....................  June 16, 1983          The International
                                                   Criminal Police
                                                   Organization (except
                                                   for those provided by
                                                   sec. 2(c), the
                                                   portions of secs.
                                                   2(d) and 3 relating
                                                   to customs duties and
                                                   federal internal-
                                                   revenue importation
                                                   taxes, and secs. 4
                                                   through 6).
12467....................  Mar. 2, 1984           The International
                                                   Boundary and Water
                                                   Commission, United
                                                   States and Mexico.
12508....................  Mar. 22, 1985          World Tourism
                                                   Organization.
12567....................  Oct. 2, 1986           Inter-American
                                                   Investment
                                                   Corporation.
                                                  Commission for the
                                                   Study of Alternatives
                                                   to the Panama Canal.
                                                  Pacific Salmon
                                                   Commission
12628....................  Mar. 8, 1988           United Nations
                                                   Industrial
                                                   Development
                                                   Organization.
12643....................  June 23, 1988          International
                                                   Committee of the Red
                                                   Cross.
12647....................  Aug. 2, 1988           Multilateral
                                                   Investment Guarantee
                                                   Organization.
12651....................  Sep. 9, 1988           Offices of the
                                                   Commission of the
                                                   European Communities.
12669....................  Feb. 20, 1989          Organization of
                                                   Eastern Caribbean
                                                   States.
12732....................  Oct. 31, 1990          International Fund for
                                                   Agricultural
                                                   Development.
12766....................  June 18, 1991          European Bank for
                                                   Reconstruction and
                                                   Development.
                                                  European Space Agency.
12842....................  March 29, 1993         International
                                                   Development Law
                                                   Institute.
12894....................  January 26, 1994       North Pacific Marine
                                                   Science Organization.
12895....................  January 26, 1994       North Pacific
                                                   Anadromous Fish
                                                   Commission.
12904....................  March 16, 1994         Commission for
                                                   Environmental
                                                   Cooperation.
                                                  Commission for Labor
                                                   Cooperation.
                                                  Border Environment
                                                   Cooperation
                                                   Commission.
                                                  North American
                                                   Development Bank.
12956....................  March 13, 1995         Israel-United States
                                                   Binantional
                                                   Industrial Research
                                                   and Development
                                                   Foundation.
12986....................  January 18, 1996       International Union
                                                   for Conservation of
                                                   Nature and Natural
                                                   Resources (except for
                                                   those provided by
                                                   sec. 2(b), 2(c), and
                                                   7(b)).
12997....................  April 1, 1996          Korean Peninsula
                                                   Energy Development
                                                   Organization.
13029....................  December 3, 1996       Organization for
                                                   Security and
                                                   Cooperation in Europe
                                                   (formerly the
                                                   Conference on
                                                   Security and
                                                   Cooperation in
                                                   Europe, change
                                                   effective January 1,
                                                   1995).
13042....................  April 9, 1997          World Trade
                                                   Organization.
13049....................  June 11, 1997          Organization for the
                                                   Prohibition of
                                                   Chemical Weapons.
13052....................  June 30, 1997          Hong Kong Economic and
                                                   Trade Offices.
13097....................  August 7, 1998         Interparliamentary
                                                   Union.
------------------------------------------------------------------------

    Sec. 2.\3\ International organizations shall enjoy the 
status, immunities, exemptions, and privileges set forth in 
this section, as follows:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 288a.
---------------------------------------------------------------------------
    (a) International organizations shall, to the extent 
consistent with the instrument creating them, possess the 
capacity--
          (i) to contract;
          (ii) to acquire and dispose of real and personal 
        property;
          (iii) to institute legal proceedings.
    (b) International organizations, their property and their 
assets, wherever located, and by whomsoever held, shall enjoy 
the same immunity from suit and every form of judicial process 
as is enjoyed by foreign governments, except to the extent that 
such organizations may expressly waive their immunity for the 
purposes of any proceedings or by the terms of any contract.
    (c) Property and assets of international organizations, 
wherever located and by whomsoever held, shall be immune from 
search, unless such immunity be expressly waived, and from 
confiscation. The archives of international organizations shall 
be inviolable.
    (d) Insofar as concerns customs duties and internal-revenue 
taxes imposed upon or by reason of importation, and the 
procedures in connection therewith; the registration of foreign 
agents; and the treatment of official communications, the 
privileges, exemptions, and immunities to which international 
organizations shall be entitled shall be those accorded under 
similar circumstances to foreign governments.
    Sec. 3.\4\ Pursuant to regulations prescribed by the 
Commissioner of Customs with approval of the Secretary of the 
Treasury, the baggage and effects of aliens, officers and 
employees of international organizations, or of aliens 
designated by foreign governments to serve as their 
representatives in or to such organizations, or of the 
families, suites, and servants of such officers, employees, or 
representatives shall be admitted (when imported in connection 
with the arrival of the owner) free of customs duties and free 
of internal-revenue taxes imposed upon or by reason of 
importation.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 288b.
---------------------------------------------------------------------------
    Sec. 4.\5\ The Internal Revenue Code is hereby amended as 
follows: * * *
---------------------------------------------------------------------------
    \5\ Sec. 4 amended 26 U.S.C. at: sec. 892, 893(a), 3121(b)(15), 
3306(c)(16), 3401(a)(5), 4253(c), 4263(b), 4272A(d) (later repealed by 
sec. 4(a) of Public Law 85-475 (72 Stat. 260)), and 7701(a)(18).
---------------------------------------------------------------------------
    Sec. 5. (a) \6\ Effective January 1, 1946, section 209(b) 
of the Social Security Act, defining the term ``employment'' 
for the purposes of title II of the Act, is amended (1) by 
striking out the word ``or'' at the end of paragraph (14), (2) 
by striking out the period at the end of paragraph (15) and 
inserting in lieu thereof a semicolon and the word ``or'', and 
(3) by inserting at the end of the subsection the following new 
paragraph:
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 410(a)(15).
---------------------------------------------------------------------------
          ``(16) Service performed in the employ of an 
        international organization entitled to enjoy 
        privileges, exemptions, and immunities as an 
        international organization under the International 
        Organizations Immunities Act.''
    (b) \7\ No taxes shall be collected under title VIII or IX 
of the Social Security Act or under the Federal Insurance 
Contributions Act or the Federal Unemployment Tax Act, with 
respect to services rendered prior to January 1, 1946, which 
are described in paragraph (16) of sections 1426(b) and 1607(c) 
of the Internal Revenue Code, as amended, and any such tax 
heretofore collected (included penalty and interest with 
respect thereto, if any) shall be refunded in accordance with 
the provisions of law applicable in the case of erroneous or 
illegal collection of the tax. No interest shall be allowed or 
paid on the amount of any such refund. No payment shall be made 
under title II of the Social Security Act with respect to 
services rendered prior to January 1, 1946, which are described 
in paragraph (16) of section 209(b) of such Act, as amended.
---------------------------------------------------------------------------
    \7\ 26 U.S.C. 3101 Historical Note, 42 U.S.C. 401 Historical Note.
---------------------------------------------------------------------------
    Sec. 6.\8\ International organizations shall be exempt from 
all property taxes imposed by, or under the authority of, any 
Act of Congress, including such Acts as are applicable solely 
to the District of Columbia or the Territories.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 288c.
---------------------------------------------------------------------------
    Sec. 7.\9\ (a) Persons designated by foreign governments to 
serve as their representatives in or to international 
organizations and the officers and employees of such 
organizations, and members of the immediate families of such 
representatives, officers, and employees residing with them, 
other than nationals of the United States, shall, insofar as 
concerns laws regulating entry into and departure from the 
United States, alien registration and fingerprinting, and the 
registration of foreign agents, be entitled to the same 
privileges, exemptions, and immunities as are accorded under 
similar circumstances to officers and employees, respectively, 
of foreign governments, and members of their families.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 288d.
---------------------------------------------------------------------------
    (b) Representatives of foreign governments in or to 
international organizations and officers and employees of such 
organizations shall be immune from suit and legal process 
relating to acts performed by them in their official capacity 
and falling within their functions as such representatives, 
officers, or employees except insofar as such immunity may be 
waived by the foreign government or international organization 
concerned.
    (c) \10\ Section 3 of the Immigration Act approved March 
26, 1924, as amended (U.S.C., title 8, sec. 203), is hereby 
amended * * *
---------------------------------------------------------------------------
    \10\ Sec. 3 of the Immigration Act of May 26, 1924 (8 U.S.C. 203), 
was repealed and replaced by sec. 101(a)(15) of the Immigration and 
Nationality Act of June 27, 1952 (Public Law 82-414, 66 Stat. 167, 8 
U.S.C. 1101(a)(15)). Sec. 7(c) of the International Organizations 
Immunities Act, set forth in the text above, is now covered by sec. 
101(a)(15)(G) of the Immigration and Nationality Act of June 27, 1952 
(8 U.S.C. 1101(a)(15)(G)), which provides:
    ``(G)(i) a designated principal resident representative of a 
foreign government recognized de jure by the United States, which 
foreign government is a member of an international organization 
entitled to enjoy privileges, exemptions, and immunities as an 
international organization under the International Organizations 
Immunity Act (55 Stat. 669), accredited resident members of the staff 
of such representatives, and members of his or their immediate family;
    ``(ii) other accredited representatives of such a foreign 
government to such international organizations, and the members of 
their immediate families;
    ``(iii) an alien able to qualify under (i) or (ii) above except for 
the fact that the government of which such alien is an accredited 
representative is not recognized de jure by the United States, or that 
the government of which he is an accredited representative is not a 
member of such international organization, and the members of his 
immediate family;
    ``(iv) officers, or employees of such international organizations, 
and the members of their immediate families;
    ``(v) attendants, servants, and personal employees of any such 
representative, officer, or employee, and the members of the immediate 
families of such attendants, servants, and personal employees;''
    Sec. 101(a)(15) of the Immigration and Nationality Act of June 27, 
1952 (8 U.S.C. 1101(a)(15)), established eighteen categories of 
``nonimmigrant'' aliens (aliens admitted to the United States on a 
temporary basis, not for permanent residence here, and therefore not 
subject to quota restrictions). These are: Class A, Foreign government 
officials; Class B, Temporary visitors; Class C, Transit aliens 
(including aliens entitled to pass in transit to and from the United 
Nations headquarters in New York City); Class D, Crewmen; Class E, 
Treaty traders and treaty investors; Class F, Students; Class G, 
International organizations personnel; Class H, Temporary workers with 
particular skills; Class I, Foreign correspondents; Class J, 
Participants in a program designated by the Director of the United 
States Information Agency; Class K, Fiancee or fiance of a U.S. citizen 
entering to conclude a marriage, or one who has married at U.S. 
citizen; Class L, Temporary workers previously employed in U.S.; Class 
M, Students in vocational training; Class N, Parent of an alien with 
special immigrant status; Class O, Person with extraordinary ability in 
science, art, education, business, or athletics, or that person's 
accompanist; Class P, Athlete or performer; Class Q, Cultural exchange 
participant; Class R, Member of religious denomination with 
organization in United States; Class S, Informant critical to Federal 
or State law enforcement officials or critical to investigation of 
terrorism; Class T, Person who is a victim of a severe form of 
trafficking in persons; Class U, Person who has suffered substantial 
physical or mental abuse of certain kinds; and Class V, Beneficiary of 
a certain petition.
---------------------------------------------------------------------------
    (d)\11\ Section 15 of the Immigration Act approved May 26, 
1924, as amended (U.S.C., title 8, sec. 215), is hereby amended 
to read as follows: * * *
---------------------------------------------------------------------------
    \11\ Sec. 15 of the Immigration Act of May 26, 1924 (8 U.S.C. 215) 
was repealed and replaced by secs. 102, 214, and 241 of the Immigration 
and Nationality Act of June 27, 1952 (8 U.S.C. 1102, 1184, 1251(e)). 
Sec. 7(d) of the International Organizations Immunities Act, set forth 
in the text above, is now covered by sec. 102 of the Immigration and 
Nationality Act of June 27, 1952 (8 U.S.C. 1102), as amended, which 
stated:
    ``Sec. 102. Except as otherwise provided in this Act, for so long 
as they continue in the nonimmigrant classes enumerated in this 
section, the provisions of this Act relating to ineligibility to 
receive visas and the exclusion or deportation of aliens shall not be 
construed to apply to nonimmigrants--
    ``(1) within the class described in paragraph (15)(A)(i) of section 
101(a), except those provisions relating to reasonable requirements of 
passports and visas as a means of identification and documentation 
necessary to establish their qualifications under such paragraph 
(15)(A)(i), and, under such rules and regulations as the President may 
deem to be necessary the provisions of subparagraphs (A) through (C) of 
section 212(a)(3);
    ``(2) within the class described in paragraph (15)(G)(i) of section 
101(a), except those provisions relating to reasonable requirements of 
passports and visas as a means of identification and documentation 
necessary to establish their qualifications under such paragraph 
(15)(G)(i), and the provisions of subparagraphs (A) through (C) of 
section 212(a)(3); and
    ``(3) within the classes described in paragraphs (15)(A)(ii), 
(15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 101(a), except 
those provisions relating to reasonable requirements of passports and 
visas as a means of identification and documentation necessary to 
establish their qualifications under such paragraphs, and the 
provisions of subparagraphs (A) through (C) of section 212(a)(3).''
    Sec. 212 of the Immigration and Nationality Act of June 27, 1952 (8 
U.S.C. 1182), set forth the various classes of aliens to be excluded 
from admission to the United States. See particularly sec. 212(a)(3), 
relating to security and related grounds.
---------------------------------------------------------------------------
    Sec. 8.\12\ (a) No person shall be entitled to the benefits 
of this title unless he (1) shall have been duly notified to 
and accepted by the Secretary of State as a representative, 
officer, or employee; or (2) shall have been designated by the 
Secretary of State, prior to formal notification and acceptance 
as a prospective representative, officer, or employee; of (3) 
is a member of the family or suite or servant, of one of the 
foregoing accepted or designated representatives, officers, or 
employees.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 288e.
---------------------------------------------------------------------------
    (b) Should the Secretary of State determine that the 
continued presence in the United States of any person entitled 
to the benefits of this title is not desirable, he shall so 
inform the foreign government or international organization 
concerned, as the case may be, and after such person shall have 
had a reasonable length of time, to be determined by the 
Secretary of State, to depart from the United States, he shall 
cease to be entitled to such benefits.
    (c) No person shall, by reason of the provisions of this 
title, be considered as receiving diplomatic status or as 
receiving any of the privileges incident thereto other than 
such as are specifically set forth herein.
    Sec. 9.\13\ The privileges, exemptions, and immunities of 
international organizations and of their officers and 
employees, and members of their families, suites, and servants, 
provided for in this title, shall be granted notwithstanding 
the fact that the similar privileges, exemptions, and 
immunities granted to a foreign government, its officers, or 
employees, may be conditioned upon the existence of reciprocity 
by that foreign government: Provided, That nothing contained in 
this title shall be construed as precluding the Secretary of 
State from withdrawing the privileges, exemptions, and 
immunities herein provided from persons who are nationals of 
any foreign country on the ground that such country is failing 
to accord corresponding privileges, exemptions, and immunities 
to citizens of the United States.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 288f.
---------------------------------------------------------------------------
    Sec. 10. This title may be cited as the ``International 
Organizations Immunities Act.''
    Sec. 11.\14\ The provisions of this title may be extended 
to the European Space Agency \15\ and to the Organization of 
Eastern Caribbean States (including any office established in 
the United States by that organization) \16\ in the same 
manner, to the same extent, and subject to the same conditions, 
as they may be extended to a public international organization 
in which the United States participates pursuant to any treaty 
or under the authority of any Act of Congress authorizing such 
participation or making an appropriation for such 
participation.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 288f-1. Sec. 11 was added by Public Law 89-353. (80 
Stat. 5).
    \15\ Sec. 120 of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1023) substituted the 
reference to the European Space Agency in lieu of a reference to the 
European Space Research Organization.
    \16\ Public Law 100-362 (102 Stat. 819) added text to this point 
from ``and to the Organization * * *''.
---------------------------------------------------------------------------
    Sec. 12.\17\ The provisions of this title may be extended 
to the Organization of African Unity and may continue to be 
extended to the International Labor Organization \18\ and the 
United Nations Industrial Development Organization \19\ in the 
same manner, to the same extent, and subject to the same 
conditions, as they may be extended to a public international 
organization in which the United States participates pursuant 
to any treaty or under the authority of any Act of Congress 
authorizing such participation or making an appropriation for 
such participation.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 288f-2. Sec. 12 was added by Public Law 93-161 (87 
Stat. 635).
    \18\ This reference to the International Labor Organization was 
added by Sec. 404 of the Department of State Authorization Act, Fiscal 
Year 1980-81 (Public Law 96-60; 93 Stat. 403).
    \19\ Sec. 406 of the Department of State and Related Agencies 
Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
277; 112 Stat. 2681-101) inserted ``and the United Nations Industrial 
Development Organization''.
---------------------------------------------------------------------------
    Sec. 13.\20\ The International Committee of the Red Cross, 
in view of its unique status as an impartial humanitarian body 
named in the Geneva Conventions of 1949 and assisting in their 
implementation, shall be considered to be an international 
organization for the purposes of this title and may be extended 
the provisions of this title in the same manner, to the same 
extent, and subject to the same conditions, as such provisions 
may be extended to a public international organization in which 
the United States participates pursuant to any treaty or under 
the authority of any Act of Congress authorizing such 
participation or making an appropriation for such 
participation.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 288f-3. Sec. 13 was added by sec. 743 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1395).
---------------------------------------------------------------------------
    Sec. 14.\21\ The International Union for Conservation of 
Nature and Natural Resources shall be considered to be an 
international organization for the purposes of this title and 
may be extended the provisions of this title in the same 
manner, to the same extent, and subject to the same conditions, 
as such provisions may be extended to a public international 
organization in which the United States participates pursuant 
to any treaty or under the authority of any Act of Congress 
authorizing such participation or making an appropriation for 
such participation.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 288f-4. Sec. 14 was added by sec. 426 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236; 108 Stat. 458).
---------------------------------------------------------------------------
          * * * * * * *
b. Extending Certain Privileges to Representatives of Member States on 
           the Council of the Organization of American States

  Public Law 82-486 [S. 2042], 66 Stat. 516, 22 U.S.C. 288g, approved 
 July 10, 1952, as amended by Public Law 93-149 [H.R. 5943], 87 Stat. 
                     560, approved November 7, 1973

 AN ACT To extend certain privileges to the representatives of member 
 states and permanent observers to the Organization of American States.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, under 
such terms and conditions as he shall determine, the President 
is hereby authorized to extend, or to enter into an agreement 
extending, to the representatives of member states (other than 
the United States) to the Organization of American States and 
to permanent observers to the Organization of American States, 
and to members of the staff of said representatives and 
permanent observers, the same privileges and immunities, 
subject to corresponding conditions and obligations, as are 
enjoyed by diplomatic envoys accredited to the United 
States.\1\
---------------------------------------------------------------------------
    \1\ As amended and restated by Public Law 93-149. The text formerly 
read: ``That, under such terms and conditions as he shall determine, 
the President is hereby authorized to extend, or to enter into an 
agreement extending, to the representatives of member states (other 
than the United States) on the Council of the Organization of American 
States, and to members of their staffs, the same privileges and 
immunities, subject to corresponding conditions and obligations, as are 
enjoyed by diplomatic envoys accredited to the United States.''.
c. Extending Diplomatic Privileges to the Mission of the Commission of 
                        the European Communities

  Public Law 92-499 [S. 2700], 86 Stat. 815, 22 U.S.C. 288h, approved 
 October 18, 1972, as amended by Public Law 100-204 [Foreign Relations 
 Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 
                    1331, approved December 22, 1987

AN ACT To extend diplomatic privileges and immunities to the Mission to 
    the United States of America of the Commission of the European 
                  Communities and to members thereof.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That, under 
such terms and conditions as he shall determine and consonant 
with the purposes of this Act, the President is authorized to 
extend, or to enter into an agreement extending, to the Mission 
to the United States of America of the Commission of the 
European Communities, and to members thereof, the same 
privileges and immunities subject to corresponding conditions 
and obligations as are enjoyed by diplomatic missions 
accredited to the United States and by members thereof. Under 
such terms and conditions as the President may determine, the 
President is authorized to extend to other offices of the 
Commission of the European Communities which are established in 
the United States, and to members thereof--
    (1) the privileges and immunities described in the 
preceding sentence; or
    (2) as appropriate for the functioning of a particular 
office, privileges and immunities, equivalent to those accorded 
consular premises, consular offices, and consular employees, 
pursuant to the Vienna Convention on Consular Relations.\1\
---------------------------------------------------------------------------
    \1\ The last sentence was added by sec. 741 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 
100-204; 101 Stat. 1394).
    d. Extending Diplomatic Privileges to the Liaison Office of the 
                       People's Republic of China

Public Law 93-22 [S. 1315], 87 Stat. 24, 22 U.S.C. 288i, approved April 
                                20, 1973

 AN ACT To extend diplomatic privileges and immunities to the Liaison 
 Office of the People's Republic of China and to members thereof, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That:
    Under such terms and conditions as he shall determine and 
consonant with the purposes of this Act, the President is 
authorized to extend to the Liaison Office of the People's 
Republic of China in Washington and to the members thereof the 
same privileges and immunities subject to corresponding 
conditions and obligations as are enjoyed by diplomatic 
missions accredited to the United States and by members 
thereof.
 e. Extending Certain Privileges to the International Development Law 
                               Institute

  Partial text of Public Law 102-511 [FREEDOM Support Act of 1992; S. 
            2532], 106 Stat. 3320, approved October 24, 1992

AN ACT To support freedom and open markets in the independent states of 
            the former Soviet Union, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND 
                    RELATED AGENCIES AND ACTIVITIES

          * * * * * * *

SEC. 805\1\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.

    For purposes of the International Organizations Immunities 
Act 922 U.S.C. 288 and following), the International 
Development Law Institute shall be considered to be a public 
international organization in which the United States 
participates under the authority of an Act of Congress 
authorizing such participation.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 288j.
---------------------------------------------------------------------------
          * * * * * * *
f. Extending Certain Privileges to Hong Kong Economic and Trade Offices

   Public Law 105-22 [S. 342], 111 Stat. 236, approved June 27, 1997

AN ACT To extend certain privileges, exemptions, and immunities to Hong 
                    Kong Economic and Trade Offices.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ EXTENSION OF CERTAIN PRIVILEGES, EXEMPTIONS, AND 
                    IMMUNITIES TO HONG KONG ECONOMIC AND TRADE OFFICES.

    (a) Application of International Organizations Immunities 
Act.--The provisions of the International Organizations 
Immunities Act (22 U.S.C. 288 et seq.) may be extended to the 
Hong Kong Economic and Trade Offices in the same manner, to the 
same extent, and subject to the same conditions as such 
provisions may be extended to a public international 
organization in which the United States participates pursuant 
to any treaty or under the authority of any Act of Congress 
authorizing such participation or making an appropriation for 
such participation.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 288k.
---------------------------------------------------------------------------
    (b) Application of International Agreement on Certain State 
and Local Taxation.--The President is authorized to apply the 
provisions of Article I of the Agreement on State and Local 
Taxation of Foreign Employees of Public International 
Organizations, done at Washington on April 21, 1994, to the 
Hong Kong Economic and Trade Offices.
    (c) Definition.--The term ``Hong Kong Economic and Trade 
Offices'' refers to Hong Kong's official economic and trade 
missions in the United States.
    g. Protection and Prevention of Crimes Against Internationally 
                           Protected Persons

  Partial text of 18 United States Code; amended by Public Law 92-539 
 [H.R. 15883], 86 Stat. 1070, approved October 24, 1972; Public Law 94-
 467 [H.R. 15552], 90 Stat. 1997, approved October 8, 1976; Public Law 
 95-163 [H.R. 6010], 91 Stat. 1286, approved November 9, 1977; and by 
Public Law 95-504 [S. 2493], 92 Stat. 1705, approved October 24, 1978; 
Public Law 98-473 [H.J. Res. 648], 98 Stat. 1837, approved October 12, 
 1984; Public Law 99-646 [S. 1236], 100 Stat. 3592, approved November 
   10, 1986; Public Law 101-647 [S. 3266], 104 Stat. 4789, approved 
   November 29, 1990; Public Law 103-272 [H.R. 1758], 108 Stat. 745, 
approved July 5, 1994; Public Law 103-322 [H.R. 3355], 108 Stat. 1796, 
  approved September 13, 1994; Public Law 104-132 [S. 735], 110 Stat. 
  1214, approved April 24, 1996; Public Law 104-294 [H.R. 3723], 110 
Stat. 3488, approved October 11, 1996; and by Public Law 105-314 [H.R. 
            3494], 112 Stat. 2974, approved October 30, 1998

Sec. 112.\1\, \2\ Protection of foreign officials, official 
                    guests, and internationally protected persons

    (a) Whoever assaults, strikes, wounds, imprisons, or offers 
violence to a foreign official, official guest, or 
internationally protected person or makes any other violent 
attack upon the person or liberty of such person, or, if likely 
to endanger his person or liberty, makes a violent attack upon 
his official premises, private accommodation, or means of 
transport or attempts to commit any of the foregoing shall be 
fined under this title \3\ or imprisoned not more than three 
years, or both. Whoever in the commission of any such act uses 
a deadly or dangerous weapon, or inflicts bodily injury \4\ 
shall be fined under this title \5\ or imprisoned not more than 
ten years, or both.
---------------------------------------------------------------------------
    \1\ Secs. 112, 970, 1116, 1117, and 1201 of 18 U.S.C. were enacted 
by the Act for the Protection of Foreign Officials and Official Guests 
of the United States (Public Law 92-539; 86 Stat. 1070). Sec. 2 of that 
Act provided the following:
    ``Sec. 2. The Congress recognizes that from the beginning of our 
history as a nation, the police power to investigate, prosecute, and 
punish common crimes such as murder, kidnapping, and assault has 
resided in the several States, and that such power should remain with 
the States.
    ``The Congress finds, however, that harassment, intimidation, 
obstruction, coercion, and acts of violence committed against foreign 
officials or their family members in the United States or against 
official guests of the United States adversely affect the foreign 
relations of the United States.
    ``Accordingly, this legislation is intended to afford the United 
States jurisdiction concurrent with that of the several States to 
proceed against those who by such acts interfere with its conduct of 
foreign affairs.''.
    \2\ Sec. 112 was amended and restated by sec. 5 of Public Law 94-
467.
    \3\ Sec. 320101(b)(1) of Public Law 103-322 (108 Stat. 2108) struck 
out `` not more than $5,000'' and inserted in lieu thereof ``under this 
title''. Sec. 330016(1)(K) of the same Act made the same amendment. 
Sec. 604(b)(12)(A) of Public Law 104-294 (110 Stat. 3507) subsequently 
struck out sec. 320101(b)(1) of Public Law 103-322, but left the 
amendment intact due to language of sec. 330016(1)(K) of that Act.
    \4\ Sec. 320101(b)(2) of Public Law 103-322 (108 Stat. 2108) 
inserted ``, or inflicts bodily injury''.
    \5\ Sec. 320101(b)(3) of Public Law 103-322 (108 Stat. 2108) struck 
out ``not more than $10,000'' and inserted in lieu thereof ``under this 
title''.
---------------------------------------------------------------------------
    (b) Whoever willfully--
          (1) intimidates, coerces, threatens, or harasses a 
        foreign official or an official guest or obstructs a 
        foreign official in the performance of his duties;
          (2) attempts to intimidate, coerce, threaten, or 
        harass a foreign official or an official guest or 
        obstruct a foreign official in the performance of his 
        duties; or
          (3) within the United States but outside the District 
        of Columbia and within one hundred feet of any building 
        or premises in whole or in part owned, used, or 
        occupied for official business or for diplomatic, 
        consular, or residential purposes by--
                  (A) a foreign government, including such use 
                as a mission to an international organization;
                  (B) an international organization;
                  (C) a foreign official; or
                  (D) an official guest;
        congregates with two or more other persons with intent 
        to violate any other provision of this section;
shall be fined under this title \6\ or imprisoned not more than 
six months, or both.
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    \6\ Sec. 330016(1)(G) of Public Law 103-322 (108 Stat. 2147) struck 
out ``not more than $500'' and inserted in lieu thereof ``under this 
title''.
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    (c) For the purpose of this section ``foreign government'', 
``foreign official'', ``internationally protected person'', 
``international organization'', ``national of the United 
States'',\7\ and ``official guest'' shall have the same 
meanings as those provided in section 1116(b) of this title.
---------------------------------------------------------------------------
    \7\ Sec. 721(d)(1) of Public Law 104-132 (110 Stat. 1298) inserted 
```national of the United States,''' before ``and''.
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    (d) Nothing contained in this section shall be construed or 
applied so as to abridge the exercise of rights guaranteed 
under the first amendment to the Constitution of the United 
States.
    (e) If the victim of an offense under subsection (a) is an 
internationally protected person outside the United States, the 
United States may exercise jurisdiction over the offense if (1) 
the victim is a representative, officer, employee, or agent of 
the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United 
States.\8\ As used in this subsection, the United States 
includes all areas under the jurisdiction of the United States 
including any of the places within the provisions of sections 5 
and 7 of this title and section 46501(2) of title 49.\9\
---------------------------------------------------------------------------
    \8\ Sec. 721(d)(2) of Public Law 104-132 (110 Stat. 1298) struck 
out ``If the victim of an offense under subsection (a) is an 
internationally protected person, the United States may exercise 
jurisdiction over the offense if the alleged offender is present within 
the United States, irrespective of the place where the offense was 
committed or the nationality of the victim or the alleged offender.'', 
and inserted in lieu thereof ``If the victim of an offense under 
subsection (a) is an internationally protected person outside the 
United States, the United States may exercise jurisdiction over the 
offense if (1) the victim is a representative, officer, employee, or 
agent of the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United States.''.
    \9\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out 
``section 101(38) of the Federal Aviation Act of 1958, as amended (49 
U.S.C. 1301(38)).'' and inserted in lieu thereof ``section 46501(2) of 
title 49.''.
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    (f) In the course of enforcement of subsection (a) and any 
other sections prohibiting a conspiracy or attempt to violate 
subsection (a), the Attorney General may request assistance 
from any Federal, State, or local agency, including the Army, 
Navy, and Air Force, any statute, rule, or regulation to the 
contrary, notwithstanding.
          * * * * * * *

Sec. 878.\10\ Threats and extortion against foreign officials, official 
                    guests, or internationally protected persons

    (a) Whoever knowingly and willfully threatens to violate 
section 112, 1116, or 1201 \11\ shall be fined under this title 
\12\ or imprisoned not more than five years, or both, except 
that imprisonment for a threatened assault shall not exceed 
three years.
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    \10\ Added by sec. 8 of Public Law 94-467 (90 Stat. 1997).
    \11\ Sec. 705(a)(4) of Public Law 104-132 (110 Stat. 1295) struck 
out ``by killing, kidnapping, or assaulting a foreign official, 
official guest, or internationally protected person'' after ``, or 
1201''.
    \12\ Sec. 330016(1)(K) of Public Law 103-322 (108 Stat. 2147) 
struck out ``not more than $5,000'' and inserted in lieu thereof 
``under this title''.
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    (b) Whoever in connection with any violation of subsection 
(a) or actual violation of section 112, 1116, or 1201 makes any 
extortionate demand shall be fined under this title \13\ or 
imprisoned not more than twenty years, or both.
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    \13\ Sec. 330016(1)(N) of Public Law 103-322 (108 Stat. 2148) 
struck out ``not more than $20,000'' and inserted in lieu thereof 
``under this title''.
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    (c) For the purpose of this section ``foreign official'', 
``internationally protected person'', ``national of the United 
States'',\14\ and ``official guest'' shall have the same 
meanings as those provided in section 1116(a) of this title.
---------------------------------------------------------------------------
    \14\ Sec. 721(e)(1) of Public Law 104-132 (110 Stat. 1299) inserted 
```national of the United States,''' before ``and''.
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    (d) If the victim of an offense under subsection (a) is an 
internationally protected person outside the United States, the 
United States may exercise jurisdiction over the offense if (1) 
the victim is a representative, officer, employee, or agent of 
the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United 
States.\15\ As used in this subsection, the United States 
includes all areas under the jurisdiction of the United States 
including any of the places within the provisions of section 5 
and 7 of this title and section 46501(2) of title 49.\16\
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    \15\ Sec. 721(e)(2) of Public Law 104-132 (110 Stat. 1299) struck 
out ``If the victim of an offense under subsection (a) is an 
internationally protected person, the United States may exercise 
jurisdiction over the offense if the alleged offender is present within 
the United States, irrespective of the place where the offense was 
committed or the nationality of the victim or the alleged offender.'', 
and inserted in lieu thereof ``If the victim of an offense under 
subsection (a) is an internationally protected person outside the 
United States, the United States may exercise jurisdiction over the 
offense if (1) the victim is a representative, officer, employee, or 
agent of the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United States.''.
    \16\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out 
``section 101(38) of the Federal Aviation Act of 1958, as amended (49 
U.S.C. 1301(38)).'' and inserted in lieu thereof ``section 46501(2) of 
title 49.''.
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          * * * * * * *

Sec. 970.\1\ Protection of property occupied by foreign governments

    (a) Whoever willfully injures, damages, or destroys, or 
attempts to injure, damage, or destroy, any property, real or 
personal, located within the United States and belonging to or 
utilized or occupied by any foreign government or international 
organization, by a foreign official or official guest, shall be 
fined under this title,\17\ or imprisoned not more than five 
years, or both.
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    \17\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147) 
struck out ``not more than $10,000'' and inserted in lieu thereof 
``under this title''.
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    (b) \18\ Whoever, willfully with intent to intimidate, 
coerce, threaten, or harass--
---------------------------------------------------------------------------
    \18\ Sec. 7 of Public Law 94-467 added a new subsec. (b), amended 
and restated the old subsec. (b), and redesignated it as subsec. (c).
---------------------------------------------------------------------------
          (1) forcibly thrusts any part of himself or any 
        object within or upon that portion of any building or 
        premises located within the United States, which 
        portion is used or occupied for official business or 
        for diplomatic, consular, or residential purposes by--
                  (A) a foreign government, including such use 
                as a mission to an international organization;
                  (B) an international organization;
                  (C) a foreign official; or
                  (D) an official guest; or
          (2) refuses to depart from such portion of such 
        building or premises after a request--
                  (A) by an employee of a foreign government or 
                of an international organization, if such 
                employee is authorized to make such request by 
                the senior official of the unit of such 
                government or organization which occupies such 
                portion of such building or premises;
                  (B) by a foreign official or any member of 
                the foreign official's staff who is authorized 
                by the foreign official to make such request;
                  (C) by an official guest or any member of the 
                official guest's staff who is authorized by the 
                official guest to make such request; or
                  (D) by any person present having law 
                enforcement powers;
shall be fined under this title \19\ or imprisoned not more 
than six months, or both.
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    \19\ Sec. 601(a)(2) of Public Law 104-294 (110 Stat. 3498) struck 
out ``fined not more than $500'' and inserted in lieu thereof ``fined 
under this title''.
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    (c) \18\ For the purpose of this section ``foreign 
government'', ``foreign official'', ``international 
organization'', and ``official guest'' shall have the same 
meanings as those provided in section 116(b) of this title.
          * * * * * * *

Sec. 1116.\1\, \20\ Murder or manslaughter of foreign 
                    officials, official guests, or internationally 
                    protected persons

    (a) Whoever kills or attempts to kill a foreign official, 
official guest, or internationally protected person shall be 
punished as provided under sections 1111, 1112, and 1113 of 
this title.\21\
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    \20\ Sec. 1116 was amended and restated by sec. 2 of Public Law 94-
467.
    \21\ Sec. 60003(a)(5) of Public Law 103-322 (108 Stat. 1969) struck 
out ``any such person who if found guilty of murder in the first degree 
shall be sentenced to imprisonment for life, and'' from this point. 
Sec. 330006 of the same Act (108 Stat. 2142) struck out ``and any such 
person who is found guilty of attempted murder shall be imprisoned for 
not more than twenty years''. The subsec. formerly read as follows:
    ``(a) Whoever kills or attempts to kill a foreign official, 
official guest, or internationally protected person shall be punished 
as provided under sections 1111, 1112, and 1113 of this title, except 
that any such person who if found guilty of murder in the first degree 
shall be sentenced to imprisonment for life, and any such person who is 
found guilty of attempted murder shall be imprisoned for not more than 
twenty years''.
    Sec. 601(g)(2) of Public Law 104-294 (110 Stat. 3500) subsequently 
struck out ``, except that'' after ``of this title''.
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    (b) For the purposes of this section:
          (1) ``Family'' includes (a) a spouse, parent, brother 
        or sister, child, or person to whom the foreign 
        official of internationally protected person stands in 
        loco parentis, or (b) any other person living in his 
        household and related to the foreign official or 
        internationally protected person by blood or marriage.
          (2) ``Foreign government'' means the government of a 
        foreign country, irrespective of recognition by the 
        United States.
          (3) ``Foreign official'' means--
                  (A) a Chief of State or the political 
                equivalent, President, Vice President, Prime 
                Minister, Ambassador, Foreign Minister, or 
                other officer of Cabinet rank or above of a 
                foreign government or the chief executive 
                officer of an international organization, or 
                any person who has previously served in such 
                capacity, and any member of his family, while 
                in the United States; and
                  (B) any person of a foreign nationality who 
                is duly notified to the United States as an 
                officer or employee of a foreign government or 
                international organization, and who is in the 
                United States on official business, and any 
                member of his family whose presence in the 
                United States is in connection with the 
                presence of such officer or employee.
          (4) ``Internationally protected person'' means--
                  (A) a Chief of State or the political 
                equivalent, head of government, or Foreign 
                Minister whenever such person is in a country 
                other than his own and any member of his family 
                accompanying him; or
                  (B) any other representative, officer, 
                employee, or agent of the United States 
                Government, a foreign government, or 
                international organization who at the time and 
                place concerned is entitled pursuant to 
                international law to special protection against 
                attack upon his person, freedom, or dignity, 
                and any member of his family then forming part 
                of his household.
          (5) ``International organization'' means a public 
        international organization designated as such pursuant 
        to section 1 of the International Organizations 
        Immunities Act (22 U.S.C. 288) or a public organization 
        created pursuant to treaty or other agreement under 
        international law as an instrument through or by which 
        two or more foreign governments engage in some aspect 
        of their conduct of international affairs.\22\
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    \22\ The words to this point beginning with ``or a public 
organization created pursuant to * * *'' were added by sec. 3 of Public 
Law 97-351 (96 Stat. 1666).
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          (6) ``Official guest'' means a citizen or national of 
        a foreign country present in the United States as an 
        official guest of the Government of the United States 
        pursuant to designation as such by the Secretary of 
        State.
          (7) \23\ ``National of the United States'' has the 
        meaning prescribed in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
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    \23\ Sec. 721(c)(1) of Public Law 104-132 (110 Stat. 1298) added 
para. (7). Sec. 101(a)(22) of the Immigration and Nationality Act 
defines the term as ``(A) a citizen of the United States, or (B) a 
person who, though not a citizen of the United States, owes permanent 
allegiance to the United States.''.
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    (c) If the victim of an offense under subsection (a) is an 
internationally protected person outside the United States, the 
United States may exercise jurisdiction over the offense if (1) 
the victim is a representative, officer, employee, or agent of 
the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United 
States.\24\ As used in this subsection, the United States 
includes all areas under the jurisdiction of the United States 
including any of the places within the provisions of sections 5 
and 7 of this title and section 46501(2) of title 49.\25\
---------------------------------------------------------------------------
    \24\ Sec. 721(b)(2) of Public Law 104-132 (110 Stat. 1298) struck 
out ``If the victim of an offense under subsection (a) is an 
internationally protected person, the United States may exercise 
jurisdiction over the offense if the alleged offender is present within 
the United States, irrespective of the place where the offense was 
committed or the nationality of the victim or the alleged offender.'' 
and inserted in lieu thereof ``If the victim of an offense under 
subsection (a) is an internationally protected person outside the 
United States, the United States may exercise jurisdiction over the 
offense if (1) the victim is a representative, officer, employee, or 
agent of the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United States.''.
    \25\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out 
``section 101(38) of the Federal Aviation Act of 1958, as amended (49 
U.S.C. 1301(38))'' and inserted in lieu thereof ``section 46501(2) of 
title 49''.
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    (d) In the course of enforcement of this section and any 
other sections prohibiting a conspiracy or attempt to violate 
this section, the Attorney General may request assistance from 
any Federal, State, or local agency, including the Army, Navy, 
and Air Force, any statute, rule, or regulation to the contrary 
notwithstanding.

Sec. 1117.\1\ Conspiracy to murder

    If two or more persons conspire to violate section 1111, 
1114, 1116, or 1119 \26\ of this title, and one or more of such 
persons do any overt act to effect the object of the 
conspiracy, each shall be punished by imprisonment for any term 
of years or for life.
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    \26\ Sec. 60009(b)(1) of Public Law 103-322 (108 Stat. 1972) added 
reference to sec. 1119, which relates to foreign murder of U.S. 
nationals by U.S. nationals.
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          * * * * * * *

Sec. 1201.\1\ Kidnapping \27\

    (a) Whoever unlawfully seizes, confines, inveigles, decoys, 
kidnaps, abducts, or carries away and holds for ransom or 
reward or otherwise any person, except in the case of a minor 
by the parent thereof, when--\28\
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    \27\ Sec. 330021 of Public Law 103-322 (108 Stat. 2150) changed the 
spelling of ``kidnaping'' and ``kidnaped'' throughout 18 U.S.C.
    \28\ Sec. 36 of Public Law 99-646 (100 Stat. 3599) struck out 
``when:'' and inserted in lieu thereof ``when--''.
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          (1) the person is willfully transported in interstate 
        or foreign commerce, regardless of whether the person 
        was alive when transported across a State boundary if 
        the person was alive when the transportation began; 
        \29\
---------------------------------------------------------------------------
    \29\ Sec. 702(a) of the Protection of Children from Sexual 
Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) inserted ``, 
regardless of whether the person was alive when transported across a 
State boundary if the person was alive when the transportation began''.
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          (2) any such act against the persons is done within 
        the special maritime and territorial jurisdiction of 
        the United States;
          (3) any such act against the person is done within 
        the special aircraft jurisdiction of the United States 
        as defined in section 46501 of title 49; \30\
---------------------------------------------------------------------------
    \30\ Sec. 5(e)(8) of Public Law 103-272 (108 Stat. 1374) struck out 
``section 101(38) of the Federal Aviation Act of 1958; or'' and 
inserted in lieu thereof ``section 46501 of title 49;''.
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          (4) \31\ the person is a foreign official, an 
        internationally protected person, or an official guest 
        as those terms are defined in section 1116(b) of this 
        title; or
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    \31\ Paragraph (4) was amended and restated by sec. 4(a) of Public 
Law 94-467.
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          (5) \32\ the person is among those officers and 
        employees described \33\ in section 1114 of this title 
        and any such act against the person is done while the 
        person is engaged in, or on account of, the performance 
        of official duties;
---------------------------------------------------------------------------
    \32\ Sec. 1007 of Public Law 98-473 (98 Stat. 2139) added para. 
(5). Sec. 36 of Public Law 99-646 (100 Stat. 3599) made technical 
corrections to the paragraph.
    \33\ Sec. 702(b) of the Protection of Children from Sexual 
Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) struck out 
``designated'' and inserted in lieu thereof ``described''.
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shall be punished by imprisonment for any term of years or for 
life and, if the death of any person results, shall be punished 
by death or life imprisonment.\34\
---------------------------------------------------------------------------
    \34\ Sec. 600003(a)(6) of Public Law 103-322 (108 Stat. 1969) 
inserted ``and, if the death of any person results, shall be punished 
by death or life imprisonment'' after ``or for life''.
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    (b) With respect to subsection (a)(1), above, the failure 
to release the victim within twenty-four hours after he shall 
have been unlawfully seized, confined, inveigled, decoyed, 
kidnapped,\27\ abducted, or carried away shall create a 
rebuttable presumption that such person has been transported in 
interstate or foreign commerce. Notwithstanding the preceding 
sentence, the fact that the presumption under this section has 
not yet taken effect does not preclude a Federal investigation 
of a possible violation of this section before the 24-hour 
period has ended.\35\
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    \35\ Sec. 702(c) of the Protection of Children from Sexual 
Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) added this 
sentence.
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    (c) If two or more persons conspire to violate this section 
and one or more of such persons do any overt act to effect the 
object of the conspiracy, each shall be punished by 
imprisonment for any term of years or for life.
    (d) \36\ Whoever attempts to violate subsection (a) \37\ 
shall be punished by imprisonment for not more than twenty 
years.
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    \36\ Subsecs. (d), (e), and (f) were added by sec. 4(b) of Public 
Law 94-467.
    \37\ Sec. 320903(b) of Public Law 103-322 (108 Stat. 2124) struck 
out ``Whoever attempts to violate subsection (a)(4) or (a)(5)'', and 
inserted in lieu thereof ``Whoever attempts to violate subsection 
(a)''.
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    (e) \36\ If the victim of an offense under subsection (a) 
is an internationally protected person outside the United 
States, the United States may exercise jurisdiction over the 
offense if (1) the victim is a representative, officer, 
employee, or agent of the United States, (2) an offender is a 
national of the United States, or (3) an offender is afterwards 
found in the United States.\38\ As used in this subsection, the 
United States includes all areas under the jurisdiction of the 
United States including any of the places within the provisions 
of section 5 and 7 of this title and section 46501(2) of title 
49.\39\ For purposes of this subsection, the term ``national of 
the United States'' has the meaning prescribed in section 
101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(22)).\40\
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    \38\ Sec. 721(f)(1) of Public Law 104-132 (110 Stat. 1299) struck 
out ``If the victim of an offense under subsection (a) is an 
internationally protected person, the United States may exercise 
jurisdiction over the offense if the alleged offender is present within 
the United States irrespective of the place where the offense was 
committed or the nationality of the victim or the alleged offender.'' 
and inserted in lieu thereof ``If the victim of an offense under 
subsection (a) is an internationally protected person outside the 
United States, the United States may exercise jurisdiction over the 
offense if (1) the victim is a representative, officer, employee, or 
agent of the United States, (2) an offender is a national of the United 
States, or (3) an offender is afterwards found in the United States.''.
    \39\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out 
``section 101(38) of the Federal Aviation Act of 1958, as amended (49 
U.S.C. 1301(34)).'' and inserted in lieu thereof ``section 46501(2) of 
title 49.''.
    \40\ Sec. 721(f)(2) of Public Law 104-132 (110 Stat. 1299) added 
the last sentence. See footnote 23 for definition.
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    (f) \36\ In the course of enforcement of subsection (a)(4) 
and any other sections prohibiting a conspiracy or attempt to 
violate subsection (a)(4), the Attorney General may request 
assistance from any Federal, State, or local agency, including 
the Army, Navy, and Air Force, any statute, rule, or regulation 
to the contrary notwithstanding.''.
    (g) * * *
    (h) * * *
                         h. U.S. Secret Service

   (1) Protection of Foreign Diplomatic Missions by the U.S. Secret 
                                Service

  3 U.S.C. 202 (added by Act of June 25, 1948, 62 Stat. 680), and 208 
   (added by Public Law 94-196 [H.R. 11184], 89 Stat. 1109, approved 
December 31, 1975); amended by Public Law 97-418 [H.R. 6254], 96 Stat. 
2089, approved January 4, 1983; Public Law 99-93 [H.R. 2068], 99 Stat. 
405, approved August 16, 1985; Public Law 99-399 [H.R. 4151], 100 Stat. 
  853, approved August 27, 1986; Public Law 102-138 [H.R. 1415], 105 
 Stat. 647, approved October 28, 1991; Public Law 102-499 [H.R. 6047], 
               106 Stat. 3264, approved October 24, 1992

Sec. 202. United States Secret Service Uniformed Division; 
                    establishment, control, and supervision; 
                    privileges, powers, and duties

    There is hereby created and established a permanent police 
force, to be known as the ``United States Secret Service 
Uniformed Division''. Subject to the supervision of the 
Secretary of the Treasury, the United States Secret Service 
Uniformed Division shall perform such duties as the Director, 
United States Secret Service, may prescribe in connection with 
the protection of the following: * * *
    (5) foreign diplomatic missions located in the metropolitan 
area of the District of Columbia; * * *
    (8) \1\ foreign diplomatic missions located in metropolitan 
areas (other than the District of Columbia) in the United 
States where there are located twenty or more such missions 
headed by full-time officers, except that such protection shall 
be provided only (A) on the basis of extraordinary protective 
need, (B) upon request of the affected metropolitan area, and 
(C) \2\ when the extraordinary protective need arises at or in 
association with a visit to (i) a permanent mission to, or an 
observer mission invited to participate in the work of, an 
international organization of which the United States is a 
member; or (ii) an international organization of which the 
United States is a member, except that such protection may also 
be provided for motorcades and at other places associated with 
any such visit and may be extended at places of temporary 
domicile in connection with any such visit;
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    \1\ Sec. 135(b)(5) of Public Law 102-138 provided the following:
    ``Protective services provided by a State or local government at 
any time during the period beginning on January 1, 1989, and ending on 
September 30, 1991, which were performed in connection with visits 
described in section 202(8) of title 3, United States Code, as amended 
by this subsection, shall be deemed to be reimbursement obligations 
entered into pursuant to section 208(a) of that title as if the 
amendment made by paragraph (1) of this subsection (amending this 
section) was in effect during that period and the services had been 
requested by the Secretary of State.''.
    \2\ Sec. 135(b)(1) of Public Law 102-138 amended and restated 
subclause (C).
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    (9) \3\ foreign consular and diplomatic missions located in 
such areas in the United States, its territories and 
possessions, as the President, on a case-by-case basis, may 
direct; and
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    \3\ Sec. 135(b)(2) of Public Law 102-138 amended and restated 
clause (9).
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    (10) \4\ visits of foreign government officials to 
metropolitan areas (other than the District of Columbia) where 
there are located 20 or more consular or diplomatic missions 
staffed by accredited personnel, including protection for 
motorcades and at other places associated with such visits when 
such officials are in the United States to conduct official 
business with the United States Government.\5\
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    \4\ Sec. 135(b)(3) of Public Law 102-138 added clause (1).
    \5\ Sec. 3(a) of Public Law 102-499 (106 Stat. 3264) substituted 
``when such officials are in the United States to conduct official 
business with the United States Government'' in lieu of ``, pursuant to 
invitations of the United States Government''.
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The members of such force shall possess privileges and powers 
similar to those of the members of the Metropolitan Police of 
the District of Columbia.
          * * * * * * *

Sec. 208. Reimbursement of State and local governments

    (a) In carrying out the functions pursuant to sections 
202(8) and 202(10),\6\ the Secretary of Treasury may utilize, 
with their consent, on a reimbursable basis, the services, 
personnel, equipment, and facilities of State and local 
governments, and is authorized to reimburse such State and 
local governments for the utilization of such services, 
personnel, equipment, and facilities. The Secretary of Treasury 
may carry out the functions pursuant to sections 202(8) and 
202(10) \6\ by contract.\7\ The authority of this subsection 
may be transferred by the President to the Secretary of State. 
In carrying out any duty under sections 202(8) and 202(10),\6\ 
the Secretary of State is authorized to utilize any authority 
available to the Secretary under title II of the State 
Department Basic Authorities Act of 1956.\8\
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    \6\ Sec. 135(c) of Public Law 102-138 (105 Stat. 667) struck out 
``section 202(7)'' and inserted in lieu thereof ``sections 202(8) and 
202(1)'' throughout subsec. (a).
    \7\ Sec. 126(c) of Public Law 99-93 (99 Stat. 418) added this 
sentence.
    \8\ Sec. 410 of Public Law 99-399 (100 Stat. 866) added the last 
sentence in subsec. (a).
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    (b) There is authorized to be appropriated, in addition to 
such sums as have been heretofore appropriated under this 
section--
          (1) $10,000,000 \9\ for each fiscal year beginning 
        after September 30, 1991,\10\ for the payment of 
        reimbursement obligations entered into under subsection 
        (a) without regard to the fiscal year such obligations 
        were entered into, including obligations entered into 
        before such date; \11\ and
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    \9\ Sec. 135(a)(1)(A) of Public Law 102-138 (105 Stat. 666) struck 
out ``$7,000,000'' and inserted in lieu thereof ``$10,000,000''. 
Previously, sec. 1(b) of Public Law 97-418 (96 Stat. 2089) amended and 
restated subsec. (b), which had originally authorized appropriations of 
not more than $3,500,000 for any fiscal year.
    \10\ Sec. 135(a)(1)(B) of Public Law 102-138 (105 Stat. 666) struck 
out ``1982'' and inserted in lieu thereof ``1991''.
    \11\ Sec. 135(a)(1)(C) of Public Law 102-138 (105 Stat. 666) struck 
out ``after such date'' and inserted in lieu thereof ``without regard 
to the fiscal year such obligations were entered into, including 
obligations entered into before such date''.
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          (2) $8,000,000 \12\ for the payment of reimbursement 
        obligations entered into under subsection (a) before 
        October 1, 1991,\13\ except that not more than 
        $4,000,000 of this amount shall be obligated or 
        expended during fiscal year 1992.\14\
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    \12\ Sec. 135(a)(3)(A) of Public Law 102-138 (105 Stat. 666) struck 
out ``$17,700,000'' and inserted in lieu thereof ``$8,000,000''.
    \13\ Sec. 135(a)(3)(B) of Public Law 102-138 (105 Stat. 666) struck 
out ``1982'' and inserted in lieu thereof ``1991''.
    \14\ Sec. 135(a)(3)(C) of Public Law 102-138 (105 Stat. 666) 
inserted at the end of the sentence ``except that not more than 
$4,000,000 of this amount shall be obligated or expended during fiscal 
year 1992''.
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Amounts appropriated under this subsection shall remain 
available until expended.
      (2) Transfer of Authority to the Secretary of State To Make 
  Reimbursements for Protection of Foreign Missions to International 
                             Organizations

           Executive Order 12478, May 23, 1984, 49 F.R. 22053

    By authority vested in me as President by the Constitution 
and statutes of the United States of America, and in accordance 
with the provisions of the Act of December 31, 1975, Public Law 
94-196 (89 Stat. 1109), codified as sections 202(7) and 208(a) 
of Title 3, United States Code, as amended, it is hereby 
ordered as follows:
    Section 1. There is transferred to the Secretary of State 
authority to determine the need for and to approve terms and 
conditions of the provision of reimbursable extraordinary 
protective activities for foreign diplomatic missions pursuant 
to section 202(7), and the authority to make reimbursements to 
State and local governments for services, personnel, equipment, 
and facilities pursuant to section 208(a) of Title 3, United 
States Code;
    Sec. 2. There are transferred to the Secretary of State 
such unexpended moneys as may have been appropriated to the 
Department of the Treasury for the purpose of permitting 
reimbursements to be made under the provisions of section 
208(a) of Title 3, United States Code;
    Sec. 3. The authority transferred pursuant to this Order 
shall be exercised in coordination with protective security 
programs administered by the Secretary of State under the 
Foreign Missions Act of 1982; authority available under that 
Act may also be applied to any foreign mission to which section 
202(7) applies; and
    Sec. 4. This Order shall be effective on October 1, 1984.
                    i. Foreign Sovereign Immunities

 Partial text of 28 U.S.C. as added by Public Law 94-583 [H.R. 11315], 
90 Stat. 2891, approved October 21, 1976; amended by Public Law 100-640 
 [Foreign Sovereign Immunities Act, Amendments; H.R. 1149], 102 Stat. 
3333, approved November 9, 1988; Public Law 100-669 [Implementation of 
 the Inter-American Convention on International Commercial Arbitration 
 Act; S. 2204], 102 Stat. 3969, approved November 16, 1988; Public Law 
 100-702 [Judicial Improvements and Access to Justice Act; H.R. 4807], 
 102 Stat. 4642, approved November 19, 1988; Public Law 104-114 [Cuban 
 Liberty and Democratic Solidarity (LIBERTAD) Act of 1996; H.R. 927], 
      110 Stat. 785, approved March 12, 1996; Public Law 104-132 
 [Antiterrorism and Effective Death Penalty Act of 1996; S. 735], 110 
Stat. 1214, approved April 24, 1996; Public Law 105-11 [H.R. 1225], 111 
   Stat. 22, approved April 25, 1997; Public Law 106-386 [Victims of 
Trafficking and Violence Protection Act of 2000; H.R. 3244], 114 Stat. 
                    1464, approved October 28, 2000

Sec. 1330. Actions against foreign states

    (a) The district courts shall have original jurisdiction 
without regard to amount in controversy of any nonjury civil 
action against a foreign state as defined in section 1603(a) of 
this title as to any claim for relief in personae with respect 
to which the foreign state is not entitled to immunity either 
under sections 1605-1607 of this title or under any applicable 
international agreement.
    (b) Personal jurisdiction over a foreign state shall exist 
as to every claim for relief over which the district courts 
have jurisdiction under subsection (a) where service has been 
made under section 1608 of this title.
    (c) For purposes of subsection (b), an appearance by a 
foreign state does not confer personal jurisdiction with 
respect to any claim for relief not arising out of any 
transaction or occurrence enumerated in sections 1605-1607 of 
this title.
          * * * * * * *

        Chapter 97.--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

Sec.
1602. Findings and declaration of purpose.
1603. Definitions.
1604. Immunity of a foreign state from jurisdiction.
1605. General exceptions to the jurisdictional immunity of a foreign 
          state.
1606. Extent of liability.
1607. Counterclaims.
1608. Service; time to answer default.
1609. Immunity from attachment and execution of property of a foreign 
          state.
1610. Exceptions to the immunity from attachment or execution.
1611. Certain types of property immune from execution.

Sec. 1602. Findings and declaration of purpose

    The Congress finds that the determination by United States 
courts of the claims of foreign states to immunity from the 
jurisdiction of such courts would serve the interests of 
justice and would protect the rights of both foreign states and 
litigants in United States courts. Under international law, 
states are not immune from the jurisdiction of foreign courts 
insofar as their commercial activities are concerned, and their 
commercial property may be levied upon for the satisfaction of 
judgments rendered against them in connection with their 
commercial activities. Claims of foreign states to immunity 
should henceforth be decided by courts of the United States and 
of the States in conformity with the principles set forth in 
this chapter.

Sec. 1603. Definitions

    For purposes of this chapter--
          (a) A ``foreign state'', except as used in section 
        1608 of this title, includes a political subdivision of 
        a foreign state or an agency or instrumentality of a 
        foreign state as defined in subsection (b).
          (b) An ``agency or instrumentality of a foreign 
        state'' means any entity--
                  (1) which is a separate legal person, 
                corporate or otherwise, and
                  (2) which is an organ of a foreign state or 
                political subdivision thereof, or a majority of 
                whose shares or other ownership interest is 
                owned by a foreign state or political 
                subdivision thereof, and
                  (3) which is neither a citizen of a State of 
                the United States as defined in section 1332 
                (c) and (d) of this title, nor created under 
                the laws of any third country.
          (c) The ``United States'' includes all territory and 
        waters, continental or insular, subject to the 
        jurisdiction of the United States.
          (d) A ``commercial activity'' means either a regular 
        course of commercial conduct or a particular commercial 
        transaction or act. The commercial character of an 
        activity shall be determined by reference to the nature 
        of the course of conduct or particular transaction or 
        act, rather than by reference to its purpose.
          (e) A ``commercial activity carried on in the United 
        States by a foreign state'' means commercial activity 
        carried on by such state and having substantial contact 
        with the United States.

Sec. 1604. Immunity of a foreign state from jurisdiction

    Subject to existing international agreements to which the 
United States is a party at the time of enactment of this Act a 
foreign state shall be immune from the jurisdiction of the 
courts of the United States and of the States except as 
provided in sections 1605 to 1607 of this chapter.

Sec. 1605.\1\ General exceptions to the jurisdictional immunity of a 
                    foreign state

    (a) A foreign state shall not be immune from the 
jurisdiction of courts of the United States or of the States in 
any case--
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    \1\ Sec. 589 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of 
Public Law 104-208; 110 Stat. 3009) provided the following:
---------------------------------------------------------------------------

        ``civil liability for acts of state sponsored terrorism
---------------------------------------------------------------------------
    ``Sec. 589. (a) an official, employee, or agent of a foreign state 
designated as a state sponsor of terrorism designated under section 
6(j) of the Export Administration Act of 1979 while acting within the 
scope of his or her office, employment, or agency shall be liable to a 
United States national or the national's legal representative for 
personal injury or death caused by acts of that official, employee, or 
agent for which the courts of the United States may maintain 
jurisdiction under section 1605(a)(7) of title 28, United States Code, 
for money damages which may include economic damages, solatium, pain, 
and suffering, and punitive damages if the acts were among those 
described in section 1605(a)(7).
    ``(b) Provisions related to statute of limitations and limitations 
on discovery that would apply to an action brought under 28 U.S.C. 
1605(f) and (g) shall also apply to actions brought under this section. 
No action shall be maintained under this action if an official, 
employee, or agent of the United States, while acting within the scope 
of his or her office, employment, or agency would not be liable for 
such acts if carried out within the United States.''.
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          (1) in which the foreign state has waived its 
        immunity either explicitly or by implication, 
        notwithstanding any withdrawal of the waiver which the 
        foreign state may purport to effect except in 
        accordance with the terms of the waiver;
          (2) in which the action is based upon a commercial 
        activity carried on in the United States by the foreign 
        state; or upon an act performed in the United States in 
        connection with a commercial activity of the foreign 
        state elsewhere; or upon an act outside the territory 
        of the United States in connection with a commercial 
        activity of the foreign state elsewhere and that act 
        causes a direct effect in the United States;
          (3) in which rights in property taken in violation of 
        international law are in issue and the property or any 
        property exchanged for such property is present in the 
        United States in connection with a commercial activity 
        carried on in the United States by the foreign state; 
        or that property or any property exchanged for such 
        property is owned or operated by an agency or 
        instrumentality of the foreign state and that agency or 
        instrumentality is engaged in a commercial activity in 
        the United States;
          (4) in which rights in property in the United States 
        acquired by succession or gift or rights in immovable 
        property situated in the United States are in issue; 
        \2\
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    \2\ Sec. 2 of Public Law 100-669 (102 Stat. 3969) struck out ``or'' 
at the end of paragraph (4); ended par. (5)(B) with ``; or'' and 
inserted a new par. (6).
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          (5) not otherwise encompassed in paragraph (2) above, 
        in which money damages are sought against a foreign 
        state for personal injury or death, or damage to or 
        loss of property, occurring in the United States and 
        caused by the tortious act or omission of that foreign 
        state or of any official or employee of that foreign 
        state while acting within the scope of his office or 
        employment; except this paragraph shall not apply to--
                  (A) any claim based upon the exercise on 
                performance or the failure to exercise or 
                perform a discretionary function regardless of 
                whether the discretion be abused, or
                  (B) any claim arising out of malicious 
                prosecution, abuse of process, libel, slander, 
                misrepresentation, deceit, or interference with 
                contract rights;
          (6) \2\ in which the action is brought, either to 
        enforce an agreement made by the foreign state \3\ with 
        or for the benefit of a private party to submit to 
        arbitration all or any difference which have arisen or 
        which may arise between the parties with respect to a 
        defined legal relationship, whether contractual or not, 
        concerning a subject matter capable of settlement by 
        arbitration under the laws of the United States, or to 
        confirm an award made pursuant to such an agreement to 
        arbitrate, if (A) the arbitration takes place or is 
        intended to take place in the United States, (B) the 
        agreement or award is or may be governed by a treaty or 
        other international agreement in force for the United 
        States calling for the recognition and enforcement of 
        arbitral awards, (C) the underlying claim, save for the 
        agreement to arbitrate, could have been brought in a 
        United States court under this section or section 1607, 
        or (D) paragraph (1) of this subsection is otherwise 
        applicable; or \4\
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    \3\ Sec. 325(b)(8) of Public Law 101-650 (104 Stat. 5121) struck 
out ``State'' and inserted in lieu thereof ``state''.
    \4\ Sec. 221(a) of Public Law 104-132 (110 Stat. 1241) struck out 
``; or'' at the end of para. (5), struck out a period at the end of 
para. (6) and inserted instead ``; or'', and added a new para. (7).
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          (7) \4\ not otherwise covered by paragraph (2), in 
        which money damages are sought against a foreign state 
        for personal injury or death that was caused by an act 
        of torture, extrajudicial killing, aircraft sabotage, 
        hostage taking, or the provision of material support or 
        resources (as defined in section 2339A of title 18) for 
        such an act if such act or provision of material 
        support is engaged in by an official, employee, or 
        agent of such foreign state while acting within the 
        scope of his or her office, employment, or agency, 
        except that the court shall decline to hear a claim 
        under this paragraph--
                  (A) if the foreign state was not designated 
                as a state sponsor of terrorism under section 
                6(j) of the Export Administration Act of 1979 
                (50 U.S.C. App. 2405(j)) or section 620A of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2371) 
                at the time the act occurred, unless later so 
                designated as a result of such act; and
                  (B) even if the foreign state is or was so 
                designated, if--
                          (i) the act occurred in the foreign 
                        state against which the claim has been 
                        brought and the claimant has not 
                        afforded the foreign state a reasonable 
                        opportunity to arbitrate the claim in 
                        accordance with accepted international 
                        rules of arbitration; or
                          (ii) neither the claimant nor the 
                        victim was \5\ a national of the United 
                        States (as that term is defined in 
                        section 101(a)(22) of the Immigration 
                        and Nationality Act) when the act upon 
                        which the claim is based occurred.
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    \5\ Public Law 105-11 (111 Stat. 22) struck out ``the claimant or 
victim was not'' and inserted in lieu thereof ``neither the claimant 
nor the victim was''.
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    (b) A foreign state shall not be immune from the 
jurisdiction of the courts of the United States in any case in 
which a suit in admiralty is brought to enforce a maritime lien 
against a vessel or cargo of the foreign state, which maritime 
lien is based upon a commercial activity of the foreign state: 
Provided, That--
          (1) notice of the suit is given by delivery of a copy 
        of the summons and of the complaint to the person, or 
        his agent, having possession of the vessel or cargo 
        against which the maritime lien is asserted; and if the 
        vessel or cargo is arrested pursuant to process 
        obtained on behalf of the party bringing the suit, the 
        service of process of arrest shall be deemed to 
        constitute valid delivery of such notice, but the party 
        bringing the suit shall be liable for any damages 
        sustained by the foreign state as a result of the 
        arrest if the party bringing the suit had actual or 
        constructive knowledge that the vessel or cargo of a 
        foreign state was involved; and \6\
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    \6\ Sec. 1(1) of Public Law 100-640 (102 Stat. 3333) inserted text 
to this point from the semicolon, and struck out the following: ``but 
such notice shall not be deemed to have been delivered, nor may it 
thereafter be delivered, if the vessel or cargo is arrested pursuant to 
process obtained on behalf of the party bringing the suit--unless the 
party was unaware that the vessel or cargo of a foreign state was 
involved, in which event the service of process of arrest shall be 
deemed to constitute valid delivery of such notice; and''.
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          (2) notice to the foreign state of the commencement 
        of suit as provided in section 1608 of this title is 
        initiated within ten days either of the delivery of 
        notice as provided in paragraph (1) of this subsection 
        \7\ or, in the case of a party who was unaware that the 
        vessel or cargo of a foreign state was involved, of the 
        date such party determined the existence of the foreign 
        state's interest.
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    \7\ Sec. 1(2) of Public Law 100-640 (102 Stat. 3333) struck out 
``subsection (b)(1) of this section'' at this point and inserted in 
lieu thereof reference to ``paragraph (1)''.
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    (c) \8\ Whenever notices is delivered under subsection 
(b)(1), the suit to enforce a maritime lien shall be thereafter 
proceed and shall be heard and determined according to the 
principles of law and rules of practice of suits in rem 
whenever it appears that, had the vessel been privately owned 
and possessed, a suit in rem might have been maintained. A 
decree against the foreign state may include costs of the suit 
and, if the decree is for a money judgment, interest as ordered 
by the court, except that the court may not award judgment 
against the foreign state in an amount greater than the value 
of the vessel or cargo upon which the maritime lien arose. Such 
value shall be determined as of the time notice is served under 
subsection (b)(1). Decrees shall be subject to appeal and 
revision as provided in other cases of admiralty and maritime 
jurisdiction. Nothing shall preclude the plaintiff in any 
proper case from seeking relief in personam in the same action 
brought to enforce a maritime lien as provided in this section.
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    \8\ Sec. 1(3) of Public Law 100-640 struck out all that followed 
par. (2) in this section and inserted a new subsec. (c) and (d). The 
struck out text read as follows:
    ``Whenever notice is delivered under subsection (b)(1) of this 
section, the maritime lien shall thereafter be deemed to be an in 
personam claim against the foreign state which at that time owns the 
vessel or cargo involved: Provided, That a court may not award judgment 
against the foreign state in an amount greater than the value of the 
vessel or cargo upon which the maritime lien arose, such value to be 
determined as of the time notice is served under subsection (b)(1) of 
this section.''
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    (d) \8\ A foreign state shall not be immune from the 
jurisdiction of the courts of the United States in any action 
brought to foreclose a preferred mortgage, as defined in the 
Ship Mortgage Act, 1920 (46 U.S.C. 911 and following). Such 
action shall be brought, heard, and determined in accordance 
with the provisions of that Act and in accordance with the 
principles of law and rules of practice of suits in rem, 
whenever it appears that had the vessel been privately owned 
and possessed a suit in rem might have been maintained.
    (e) \9\ For purposes of paragraph (7) of subsection (a)--
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    \9\ Sec. 221(a)(2) of Public Law 104-132 (110 Stat. 1241) added 
subsecs. (e) through (g).
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          (1) the terms ``torture'' and ``extrajudicial 
        killing'' have the meaning given those terms in section 
        3 of the Torture Victim Protection Act of 1991;
          (2) the term ``hostage taking'' has the meaning given 
        that term in Article 1 of the International Convention 
        Against the Taking of Hostages; and
          (3) the term ``aircraft sabotage'' has the meaning 
        given that term in Article 1 of the Convention for the 
        Suppression of Unlawful Acts Against the Safety of 
        Civil Aviation.
    (f) \9\ No action shall be maintained under subsection 
(a)(7) unless the action is commenced not later than 10 years 
after the date on which the cause of action arose. All 
principles of equitable tolling, including the period during 
which the foreign state was immune from suit, shall apply in 
calculating this limitation period.
    (g) \9\ Limitation on Discovery.--
          (1) In general.--(A) Subject to paragraph (2), if an 
        action is filed that would otherwise be barred by 
        section 1604, but for subsection (a)(7), the court, 
        upon request of the Attorney General, shall stay any 
        request, demand, or order for discovery on the United 
        States that the Attorney General certifies would 
        significantly interfere with a criminal investigation 
        or prosecution, or a national security operation, 
        related to the incident that gave rise to the cause of 
        action, until such time as the Attorney General advises 
        the court that such request, demand, or order will no 
        longer so interfere.
          (B) A stay under this paragraph shall be in effect 
        during the 12-month period beginning on the date on 
        which the court issues the order to stay discovery. The 
        court shall renew the order to stay discovery for 
        additional 12-month periods upon motion by the United 
        States if the Attorney General certifies that discovery 
        would significantly interfere with a criminal 
        investigation or prosecution, or a national security 
        operation, related to the incident that gave rise to 
        the cause of action.
          (2) Sunset.--(A) Subject to subparagraph (B), no stay 
        shall be granted or continued in effect under paragraph 
        (1) after the date that is 10 years after the date on 
        which the incident that gave rise to the cause of 
        action occurred.
          (B) After the period referred to in subparagraph (A), 
        the court, upon request of the Attorney General, may 
        stay any request, demand, or order for discovery on the 
        United States that the court finds a substantial 
        likelihood would--
                  (i) create a serious threat of death or 
                serious bodily injury to any person;
                  (ii) adversely affect the ability of the 
                United States to work in cooperation with 
                foreign and international law enforcement 
                agencies in investigating violations of United 
                States law; or
                  (iii) obstruct the criminal case related to 
                the incident that gave rise to the cause of 
                action or undermine the potential for a 
                conviction in such case.
          (3) Evaluation of evidence.--The court's evaluation 
        of any request for a stay under this subsection filed 
        by the Attorney General shall be conducted ex parte and 
        in camera.
          (4) Bar on motions to dismiss.--A stay of discovery 
        under this subsection shall constitute a bar to the 
        granting of a motion to dismiss under rules 12(b)(6) 
        and 56 of the Federal Rules of Civil Procedure.
          (5) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective 
        orders or asserting privileges ordinarily available to 
        the United States.

Sec. 1606. Extent of liability

    As to any claim for relief with respect to which a foreign 
state is not entitled to immunity under section 1605 or 1607 of 
this chapter, the foreign state shall be liable in the same 
manner and to the same extent as a private individual under 
like circumstances; but a foreign state except for an agency or 
instrumentality thereof shall not be liable for punitive 
damages; \10\ if, however, in any case wherein death was 
caused, the law of the place where the action or omission 
occurred provides, or has been construed to provide, for 
damages only punitive in nature, the foreign state shall be 
liable for actual or compensatory damages measured by the 
pecuniary injuries resulting from such death which were 
incurred by the persons for whose benefit the action was 
brought.
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    \10\ Sec. 117(b) of the Treasury Department Appropriations Act, 
1999 (sec. 101(h) of Public Law 105-277; 112 Stat. 2681-491) inserted 
``, except any action under section 1605(a)(7) or 1610(f)'' after 
``punitive damages''. Sec. 2002(f)(2) of Public Law 106-386 (114 Stat. 
1543), however, subsequently repealed sec. 117(b) of Public Law 105-
277.
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Sec. 1607. Counterclaims

    In any action brought by a foreign state, or in which a 
foreign state intervenes, in a court of the United States or of 
a State, the foreign state shall not be accorded immunity with 
respect to any counterclaim--
          (a) for which a foreign state would not be entitled 
        to immunity under section 1605 of this chapter had such 
        claim been brought in a separate action against the 
        foreign state; or
          (b) arising out of the transaction or occurrence that 
        is the subject matter of the claim of the foreign 
        state; or
          (c) to the extent that the counterclaim does not seek 
        relief exceeding in amount or differing in kind from 
        that sought by the foreign state.

Sec. 1608. Service; time to answer; default

    (a) Service in the courts of the United States and of the 
States shall be made upon a foreign state or political 
subdivision of a foreign state:
          (1) by delivery of a copy of the summons and 
        complaint in accordance with any special arrangement 
        for service between the plaintiff and the foreign state 
        or political subdivision; or
          (2) if no special arrangement exists, by delivery of 
        a copy of the summons and complaint in accordance with 
        an applicable international convention on service of 
        judicial documents; or
          (3) if service cannot be made under paragraph (1) or 
        (2), by sending a copy of the summons and complaint and 
        a notice of suit, together with a translation of each 
        into the official language of the foreign state, by any 
        form of mail requiring a signed receipt, to be 
        addressed and dispatched by the clerk of the court to 
        the head of the ministry of foreign affairs of the 
        foreign state concerned, or
          (4) if service cannot be made within 30 days under 
        paragraph (3), by sending two copies of the summons and 
        complaint and a notice of suit, together with a 
        translation of each into the official language of the 
        foreign state, by any form of mail requiring a signed 
        receipt, to be addressed and dispatched by the clerk of 
        the court to the Secretary of State in Washington, 
        District of Columbia, to the attention of the Director 
        of Special Consular Services--and the Secretary shall 
        transmit one copy of the papers through diplomatic 
        channels to the foreign state and shall send to the 
        clerk of the court a certified copy of the diplomatic 
        note indicating when the papers were transmitted.
As used in this subsection, a ``notice of suit'' shall mean a 
notice addressed to a foreign state and in a form prescribed by 
the Secretary of Safety regulation.
    (b) Service in the courts of the United States and of the 
States shall be made upon an agency or instrumentality of a 
foreign state:
          (1) by delivery of a copy of the summons and 
        complaint in accordance with any special arrangement 
        for service between the plaintiff and the agency or 
        instrumentality; or
          (2) if no special arrangement exists, by delivery of 
        a copy of the summons and complaint either to an 
        officer, a managing or general agent, or to any other 
        agent authorized by appointment or by law to receive 
        service or process in the United States; or in 
        accordance with an applicable international convention 
        or service on judicial document; or
          (3) if service cannot be made under paragraph (1) or 
        (2), and if reasonably calculated to given actual 
        notice, by delivery of a copy of the summons and 
        complaint, together with a translation of each into the 
        official language of the foreign state--
                  (A) as directed by an authority of the 
                foreign state or political subdivision in 
                response to a letter rogatory or request or
                  (B) by any form of mail requiring a signed 
                receipt, to be addressed and dispatched by the 
                clerk of the court to the agency or 
                instrumentality to be served, or
                  (C) as directed by order of the court 
                consistent with the law of the place where 
                service is to be made.
    (c) Service shall be deemed to have been made--
          (1) in the case of service under subsection (a)(4), 
        as of the date of transmittal indicated in the 
        certified copy of the diplomatic note; and
          (2) in any other case under this section, as of the 
        date of receipt indicated in the certification, signed 
        and returned postal receipt, or other proof of service 
        applicable to the method of service employed.
    (d) In any action brought in a court of the United States 
or of a State, a foreign state, a political subdivision 
thereof, or an agency or instrumentality of a foreign state 
shall serve an answer or other responsive pleading to the 
complaint within sixty days after service has been made under 
this section.
    (e) No judgment by default shall be entered by a court of 
the United States or of a State against a foreign state, a 
political subdivision thereof, or an agency or instrumentality 
of a foreign state, unless the claimant establishes his claim 
or right to relief by evidence satisfactory to the court. A 
copy of any such default judgment shall be sent to the foreign 
state or political subdivision in the manner prescribed for 
service in this section

Sec. 1609. Immunity from attachment and execution of property of a 
                    foreign state

    Subject to existing international agreements to which the 
United States is a party at the time of enactment of this Act 
the property in the United States of a foreign state shall be 
immune from attachment arrest and execution except as provided 
in sections 1610 and 1611 of this chapter.

Sec. 1610. Exceptions to the immunity from attachment or execution

    (a) The property in the United States of a foreign state, 
as defined in section 1603(a) of this chapter, used for a 
commercial activity in the United States, shall not be immune 
from attachment in aid of execution, or from execution, upon a 
judgment entered by a court of the United States or of a State 
after the effective date of this Act, if--
          (1) the foreign state has waived its immunity from 
        attachment in aid of execution or from execution either 
        explicitly or by implication, notwithstanding any 
        withdrawal of the waiver the foreign state may purport 
        to effect except in accordance with the terms of the 
        waiver, or
          (2) the property is or was used for the commercial 
        activity upon which the claim is based, or
          (3) the execution relates to a judgment establishing 
        rights in property which has been taken in violation of 
        international law or which has been exchanged for 
        property taken in violation of international law, or
          (4) the execution relates to a judgment establishing 
        rights in property--
                  (A) which is acquired by succession or gift, 
                or
                  (B) which is immovable and situated in the 
                United States: Provided, That such property is 
                not used for purposes of maintaining a 
                diplomatic or consular mission or the residence 
                of the Chief of such mission, or
          (5) the property consists of any contractual 
        obligation or any proceeds from such a contractual 
        obligation to indemnify or hold harmless the foreign 
        state or its employees under a policy of automobile or 
        other liability or casualty insurance covering the 
        claim which merged into the judgment; or \11\
---------------------------------------------------------------------------
    \11\ Sec. 3 of Public Law 100-669 (102 Stat. 3969) ended paragraph 
(5) with ``; or'' and added a new paragraph (6).
---------------------------------------------------------------------------
          (6) \11\ the judgment is based on an order confirming 
        an arbitral award rendered against the foreign 
        state,\12\ provided that attachment in aid of 
        execution, or execution, would not be inconsistent with 
        any provision in the arbitral agreement, or \13\
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    \12\ Sec. 325(b)(9)(A) of Public Law 101-650 (104 Stat. 5121) 
struck out ``State'' and inserted in lieu thereof ``state''.
    \13\ Sec. 221(b)(1) of Public Law 104-132 (110 Stat. 1242) struck 
out a period at the end of para. (6), inserted instead ``, or'', and 
added a new para. (7).
---------------------------------------------------------------------------
          (7) \13\ the judgment relates to a claim for which 
        the foreign state is not immune under section 
        1605(a)(7), regardless of whether the property is or 
        was involved with the act upon which the claim is 
        based.
    (b) In addition to subsection (a), any property in the 
United States of an agency or instrumentality of a foreign 
state engaged in commercial activity in the United States shall 
not be immune from attachment in aid of execution, or from 
execution, upon a judgment entered by a court of the United 
States or of a State after the effective date of this Act, if--
          (1) the agency or instrumentality has waived its 
        immunity from attachment in aid execution or from 
        execution either explicitly or implicitly, 
        notwithstanding any withdrawal of the waiver the agency 
        or instrumentality may purport to effect except in 
        accordance with the terms of the waiver, or
          (2) the judgment relates to a claim for which the 
        agency or instrumentality is not immune by virtue of 
        section 1605(a) (2), (3), (5), or (7) \14\ or 1605(b) 
        of this chapter, regardless of whether the property is 
        or was involved in the act \15\ upon which the claim is 
        based.
---------------------------------------------------------------------------
    \14\ Sec. 221(b)(2)(A) of Public Law 104-132 (110 Stat. 1243) 
struck out ``or (5)'' and inserted in lieu thereof ``(5), or (7)''.
    \15\ Sec. 221(b)(2)(B) of Public Law 104-132 (110 Stat. 1243) 
struck out ``used for the activity'' and inserted in lieu thereof 
``involved in the act''.
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    (c) No attachment or execution referred to in subsections 
(a) and (b) of this section shall be permitted until the court 
has ordered such attachment and execution after having 
determined that a reasonable period of time has elapsed 
following the entry of judgment and the giving of any notice 
required under section 1608(e) of this chapter.
    (d) The property of a foreign state, as defined in section 
1603(a) of this chapter, used for a commercial activity in the 
United States, shall not be immune from attachment prior to the 
entry of judgment in any action brought in a court of the 
United States or of a State, or prior to the elapse of the 
period of time provided in subsection (c) of this section if--
          (1) the foreign state has explicitly waived its 
        immunity from attachment prior to judgment, 
        notwithstanding any withdrawal of the waiver the 
        foreign state may purport to effect except in 
        accordance with the terms of the waiver, and
          (2) the purpose of the attachment is to secure 
        satisfaction of a judgment that has been or may 
        ultimately be entered against the foreign state, and 
        not to obtain jurisdiction.
    (e) \16\ The vessels of a foreign state \17\ shall not be 
immune from arrest in rem, interlocutory sale, and execution in 
actions brought to foreclose a preferred mortgage as provided 
in section 1605(d).
---------------------------------------------------------------------------
    \16\ Sec. 2 of Public Law 100-640 (102 Stat. 3333) added subsec. 
(e).
    \17\ Sec. 325(b)(9)(B) of Public Law 101-650 (104 Stat. 5121) 
struck out ``State'' and inserted in lieu thereof ``state''.
---------------------------------------------------------------------------
    (f) \18\ (1)(A) Notwithstanding any other provision of law, 
including but not limited to section 208(f) of the Foreign 
Missions Act (22 U.S.C. 4308(f)), and except as provided in 
subparagraph (B), any property with respect to which financial 
transactions are prohibited or regulated pursuant to section 
5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), 
section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(a)), sections 202 and 203 of the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1702), or any other 
proclamation, order, regulation, or license issued pursuant 
thereto, shall be subject to execution or attachment in aid of 
execution of any judgment relating to a claim for which a 
foreign state (including any agency or instrumentality or such 
state) claiming such property is not immune under section 
1605(a)(7).
---------------------------------------------------------------------------
    \18\ Sec. 117(a) of the Treasury Department Appropriations Act, 
1999 (sec. 101(h) of Public Law 105-277; 112 Stat. 2681-491) added 
subsec. (f). Sec. 117(d) of that Act (112 Stat. 2681-492) provided that 
``The President may waive the requirements of this section in the 
interest of national security.''. Sec. 117(d) was subsequently repealed 
by sec. 2002(f)(2) of Public Law 106-386 (114 Stat. 1543), after 
inserting similar language in this section as sec. 1610(f)(3).
---------------------------------------------------------------------------
    (B) Subparagraph (A) shall not apply if, at the time the 
property is expropriated or seized by the foreign state, the 
property has been held in title by a natural person or, if held 
in trust, has been held for the benefit of a natural person or 
persons.
    (2)(A) At the request of any party in whose favor a 
judgment has been issued with respect to a claim for which the 
foreign state is not immune under section 1605(a)(7), the 
Secretary of the Treasury and the Secretary of State should 
make every effort to \19\ fully, promptly, and effectively 
assist any judgment creditor or any court that has issued any 
such judgment in identifying, locating, and executing against 
the property of that foreign state or any agency or 
instrumentality of such state.
---------------------------------------------------------------------------
    \19\ Sec. 2002(f)(1)(A) of Public Law 106-386 (114 Stat. 1543) 
struck out ``shall'' and inserted in lieu thereof ``should make every 
effort to''.
---------------------------------------------------------------------------
    (B) In providing such assistance, the Secretaries--
          (i) may provide such information to the court under 
        seal; and
          (ii) should make every effort to \19\ provide the 
        information in a manner sufficient to allow the court 
        to direct the United States Marshall's office to 
        promptly and effectively execute against that property.
    (3) \20\ Waiver.--The President may waive any provision of 
paragraph (1) in the interest of national security.
---------------------------------------------------------------------------
    \20\ Sec. 2002(f)(1)(B) of Public Law 106-386 (114 Stat. 1543) 
added para. (3).
---------------------------------------------------------------------------

Sec. 1611. Certain types of property immune from execution

    (a) Notwithstanding the provisions of section 1610 of this 
chapter, the property of those organizations designated by the 
President as being entitled to enjoy the privileges, 
exemptions, and immunities provided by the International 
Organizations Immunities Act shall not be subject to attachment 
or any other judicial process impeding the disbursement of 
funds to, or on the order of, a foreign state as the result of 
an action brought in the courts of the United States or of the 
States.
    (b) Notwithstanding the provisions of section 1610 of this 
chapter, the property of a foreign state shall be immune from 
attachment and from the execution, if--
          (1) the property is that of a foreign central bank or 
        monetary authority held for its own account, unless 
        such bank or authority, or its parent foreign 
        government, has explicitly waived its immunity from 
        attachment in aid of execution, or from execution 
        notwithstanding any withdrawal of the waiver which the 
        bank, authority or government may purport to effect 
        except in accordance with the terms of the waiver; or
          (2) the property is, or is intended to be, used in 
        connection with a military activity and
                  (A) is of a military character, or
                  (B) is under the control of a military 
                authority or defense agency.
    (c) \21\ Notwithstanding the provisions of section 1610 of 
this chapter, the property of a foreign state shall be immune 
from attachment and from execution in an action brought under 
section 302 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 to the extent that the property is a 
facility or installation used by an accredited diplomatic 
mission for official purposes.
---------------------------------------------------------------------------
    \21\ Sec. 302(e) of Public Law 104-114 (110 Stat. 818) added 
subsec. (c).
                      j. Diplomatic Relations Act

  Public Law 95-393 [H.R. 7819], 92 Stat. 808, approved September 30, 
      1978; as amended by Public Law 97-241 [Department of State 
 Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 273 
at 290, approved August 24, 1982; and by Public Law 98-164 [Department 
of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 
             Stat. 1017 at 1042, approved November 22, 1983

  AN ACT To complement the Vienna Convention on Diplomatic Relations.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                              short title

    Section 1. This Act may be cited as the ``Diplomatic 
Relations Act''.

                              definitions

    Sec. 2.\1\ As used in this Act--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 254a.
---------------------------------------------------------------------------
          (1) the term ``members of a mission'' means--
                  (A) \2\ the head of a mission and those 
                members of a mission who are members of the 
                diplomatic staff or who, pursuant to law, are 
                granted equivalent privileges and immunities,
---------------------------------------------------------------------------
    \2\ Sec. 203(b)(1) of Public Law 97-241 (96 Stat. 290) amended and 
restated subpar. (A). It formerly read as follows: ``(A)'' the head of 
a mission and members of the diplomatic staff of a mission,''.
---------------------------------------------------------------------------
                  (B) members of the administrative and 
                technical staff of a mission, and
                  (C) members of the service staff of a 
                mission,
        as such terms are defined in Article 1 of the Vienna 
        Convention;
          (2) the term ``family'' means--
                  (A) the members of the family of a member of 
                a mission described in paragraph (1)(A) who 
                form part of his or her household if they are 
                not nationals of the United States, and
                  (B) the members of the family of a member of 
                a mission described in paragraph (1)(B) who 
                form part of his or her household if they are 
                not nationals or permanent residents of the 
                United States.
        within the meaning of Article 37 of the Vienna 
        Convention;
          (3) the term ``mission'' includes missions within the 
        meaning of the Vienna convention and any missions 
        representing foreign governments, individually or 
        collectively, which are extended the same privileges 
        and immunities, pursuant to law, as are enjoyed by 
        missions under the Vienna Convention; and
          (4) the term ``Vienna Convention'' means the Vienna 
        Convention on Diplomatic Relations of April 18, 1961 
        (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into 
        force with respect to the United States on December 13, 
        1972.

  establishment of the vienna convention as the united states law on 
                  diplomatic privileges and immunities

    Sec. 3. (a) * * *
    (b) \3\ With respect to a nonparty to the Vienna 
Convention, the mission, the members of the mission, their 
families, and diplomatic couriers shall enjoy the privileges 
and immunities specified in the Vienna Convention.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 254b. Sec. 203(b)(2) of Public Law 97-241 (96 Stat. 
291) amended and restated subsec. (b). It formerly read as follows: 
``(b) Members of the mission of a sending state which has not ratified 
the Vienna Convention, their families, and the diplomatic couriers of 
such state, shall enjoy the privileges and immunities specified in the 
Vienna Convention.''
---------------------------------------------------------------------------

     authority to extend more favorable or less favorable treatment

    Sec. 4.\4\ The President may, on the basis of reciprocity 
and under such terms and conditions as he may determine, 
specify privileges and immunities for the mission,\5\ the 
members of the mission, their families, and the diplomatic 
couriers \6\ which result in more favorable treatment or less 
favorable treatment than is provided under the Vienna 
Convention.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 254c. Executive Order 12101 (43 F.R. 54195; November 
17, 1978) designated the Secretary of State to perform the functions 
specified in sec. 4.
    \5\ Reference to the mission was added by sec. 203(b)(3)(A) of 
Public Law 97-241 (96 Stat. 291).
    \6\ The words ``of any sending state'', which previously appeared 
at this point, were struck out by sec. 203(b)(3)(B) of Public Law 97-
241 (96 Stat. 291).
---------------------------------------------------------------------------

     dismissal of actions against individuals entitled to immunity

    Sec. 5.\7\ Any action or proceeding brought against an 
individual who is entitled to immunity with respect to such 
action or proceeding under the Vienna Convention on Diplomatic 
Relations, under section 3(b) or 4 of this Act, or under any 
other laws extending diplomatic privileges and immunities, 
shall be dismissed. Such immunity may be established upon 
motion or suggestion by or on behalf of the individual, or as 
otherwise permitted by law or applicable rules of procedure.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 254d.
---------------------------------------------------------------------------

                  requirement for liability insurance

    Sec. 6.\8\ (a) Each mission, members of the mission and 
their families, and individuals described in section 19 of the 
Convention on Privileges and Immunities of the United Nations 
of February 13, 1946, shall comply with any requirement imposed 
by the regulations promulgated by the Director of the Office of 
Foreign Missions in the Department of State \9\ pursuant to 
subsection (b).
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 254c.
    \9\ Sec. 602(1) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1042) 
substituted the reference to the Director of the Office of Foreign 
Missions in lieu of a reference to the President. Previously, Executive 
Order 12101 (43 F.R. 54195; November 17, 1978) had designated the 
Secretary of State to perform the functions specified in sec. 6.
---------------------------------------------------------------------------
    (b) The Director of the Office of Foreign Missions shall, 
by regulation, establish liability insurance requirements which 
can reasonably be expected to afford adequate compensation to 
victims and which are \10\ to be met by each mission, members 
of the mission and their families, and individuals described in 
section 19 of the Convention on Privileges and Immunities of 
the United Nations of February 13, 1946, relating to risks 
arising from the operation in the United States of any motor 
vehicle, vessel, or aircraft.
---------------------------------------------------------------------------
    \10\ The words to this point in subsec. (b) were substituted in 
lieu of the words ``The President shall by regulation, establish 
liability insurance requirements'' by sec. 602(2) of the Department of 
State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 
97 Stat. 1042).
---------------------------------------------------------------------------
    (c) The Director of the Office of Foreign Missions \11\ 
shall take such steps as he may deem necessary to insure that 
each mission, members of the mission and their families, and 
individuals described in section 19 of the Convention on 
Privileges and Immunities of the United Nations of February 13, 
1946, who operate motor vehicles, vessels, or aircraft in the 
United States comply with the requirements established pursuant 
to subsection (b).
---------------------------------------------------------------------------
    \11\ Sec. 602(3) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1042), 
substituted the reference to the Director of the Office of Foreign 
Missions in lieu of a reference to the President.
---------------------------------------------------------------------------
    Sec. 7. (a) That chapter 85 of title 28, United States 
Code, is amended by the addition of the following new section;

``Sec. 1364. Direct actions against insurers of members of diplomatic 
                    missions and their families

    ``(a) The district courts shall have original and exclusive 
jurisdiction, without regard to the amount in controversy, of 
any civil action commenced by any person against an insurer who 
by contract has insured an individual, who is a member of a 
mission within the meaning of section 2(3) of the Diplomatic 
Relations Act (22 U.S.C. 254a(3)) \12\ or a member of the 
family of such a member of a mission, or an individual 
described in section 19 of the Convention on Privileges and 
Immunities of the United Nations of February 13, 1946, against 
liability for personal injury, death, or damage to property.
---------------------------------------------------------------------------
    \12\ Sec. 203(b)(4) of the Department of State Authorization Act, 
Fiscal Years 1982 and 1983 (Public Law 97-241; 96 Stat. 291) amended 
the parenthetical phrase. It previously read as follows: ``(as defined 
in the Vienna Convention on Diplomatic Relations)''.
---------------------------------------------------------------------------
    ``(b) Any direct action brought against an insurer under 
subsection (a) shall be tried without a jury, but shall not be 
subject to the defense that the insured is immune from suit, 
that the insured is an indispensable party, or in the absence 
of fraud or collusion, that the insured has violated a term of 
the contract, unless the contract was cancelled before the 
claim arose.''
    (b) * * *
          * * * * * * *

                             effective date

    Sec. 9. This Act shall take effect at the end of the 
ninety-day period beginning on the date of its enactment.
                       k. Diplomatic Reciprocity

   (1) Equivalency of Representation Between U.S. and Hostile Powers

 Partial Text of Public Law 98-618 [Intelligence Authorization Act for 
 Fiscal Year 1985, H.R. 5399], 98 Stat. 3298, approved November 8, 1984

      AN ACT To authorize appropriations for fiscal year 1985 for 
 intelligence and intelligence-related activities of the United States 
     Government, the Intelligence Community Staff, and the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Intelligence Authorization Act for 
Fiscal Year 1985''.
          * * * * * * *

       TITLE VI--COUNTERINTELLIGENCE AND OFFICIAL REPRESENTATION

          policy toward certain agents of foreign governments

    Sec. 601.\1\ (a) It is the sense of the Congress that the 
numbers, status, privileges and immunities, travel, 
accommodations, and facilities within the United States of 
official representatives to the United States of any foreign 
government that engages in intelligence activities within the 
United States harmful to the national security of the United 
States should not exceed the respective numbers, status, 
privileges and immunities, travel accommodations, and 
facilities within such country of official representatives of 
the United States to such country.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 254c-1.
---------------------------------------------------------------------------
    (b) Beginning one year after the date of enactment of this 
section, and at intervals of one year thereafter, the President 
shall prepare and transmit to the Committee on Foreign 
Relations and Select Committee on Intelligence of the Senate 
and the Committee on Foreign Affairs \2\ and Permanent Select 
Committee on Intelligence of the House of Representatives a 
report on the numbers, status, privileges and immunities, 
travel, accommodations, and facilities within the United States 
of official representatives to the United States of any foreign 
government that engages in intelligence activities within the 
United States harmful to the national security of the United 
States and the respective numbers, status, privileges and 
immunities, travel, accommodations, and facilities within such 
country of official representatives of the United States to 
such country, and action which may have been taken with respect 
thereto.
---------------------------------------------------------------------------
    \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (c) \3\ * * *
---------------------------------------------------------------------------
    \3\ Subsec. (c) amended sec. 203 of the State Department Basic 
Authorities Act of 1956; effective for particular appointments made 
after the enactment of the subsection [November 8, 1984] pursuant to 
subsec. (d).
---------------------------------------------------------------------------
    (d) \3\ * * *
          * * * * * * *
            (2) Soviet Employees on U.S. Diplomatic Premises

 Partial Text of Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved 
                            August 16, 1985

 AN ACT To authorize appropriations for fiscal years 1986 and 1987 for 
  the Department of State, the United States Information Agency, the 
     Board for International Broadcasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SEC. 136.\1\ SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR 
                    MISSIONS IN THE SOVIET UNION.

    (a) Limitation.--To the maximum extent practicable, 
citizens of the Soviet Union shall not be employed as foreign 
national employees at United States diplomatic or consular 
missions in the Soviet Union after September 30, 1986.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3943 note.
---------------------------------------------------------------------------
    (b) \2\ Report.--Should the President determine that the 
implementation of subsection (a) poses undue practical or 
administrative difficulties, he is requested to submit a report 
to the Congress describing the number and type of Soviet 
foreign national employees he wishes to retain at or in 
proximity to United States diplomatic and consular posts in the 
Soviet Union, the anticipated duration of their continued 
employment, the reasons for their continued employment, and the 
risks associated with the retention of these employees.
---------------------------------------------------------------------------
    \2\ The President issued Determination No. 92-4 (October 24, 1991; 
56 F.R. 56567), wherein he stated:
    ``* * * I hereby determine that implementation of section 136(a) of 
the [Foreign Relations Authorization] Act [, Fiscal Years 1986 and 
1987], poses undue practical and administrative difficulties. 
Consistent with this determination, you [Secretary of State] are 
authorized to employ Soviet nationals in nonsensitive areas of the New 
Embassy Compound in Moscow under strict monitoring by cleared 
Americans. Further, I delegate to you the responsibility vested in me 
by section 136(b) of the Act, to report to the Congress on 
circumstances relevant to this determination. Such responsibility may 
be redelegated within the Department of State.''.
          12. Relating to International Agreements on Children

                  a. Intercountry Adoption Act of 2001

Public Law 106-279 [H.R. 2909], 114 Stat. 825, approved October 6, 2000

AN ACT To provide for implementation by the United States of the Hague 
  Convention on Protection of Children and Co-operation in Respect of 
             Intercountry Adoption, 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.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Intercountry Adoption Act of 2000''.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 14901 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents of this Act 
is as follows: * * *

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--Congress recognizes--
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 14901.
---------------------------------------------------------------------------
          (1) the international character of the Convention on 
        Protection of Children and Co-operation in Respect of 
        Intercountry Adoption (done at The Hague on May 29, 
        1993); and
          (2) the need for uniform interpretation and 
        implementation of the Convention in the United States 
        and abroad,
and therefore finds that enactment of a Federal law governing 
adoptions and prospective adoptions subject to the Convention 
involving United States residents is essential.
    (b) Purposes.--The purposes of this Act are--
          (1) to provide for implementation by the United 
        States of the Convention;
          (2) to protect the rights of, and prevent abuses 
        against, children, birth families, and adoptive parents 
        involved in adoptions (or prospective adoptions) 
        subject to the Convention, and to ensure that such 
        adoptions are in the children's best interests; and
          (3) to improve the ability of the Federal Government 
        to assist United States citizens seeking to adopt 
        children from abroad and residents of other countries 
        party to the Convention seeking to adopt children from 
        the United States.

SEC. 3.\3\ DEFINITIONS.

    As used in this Act:
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 14902.
---------------------------------------------------------------------------
          (1) Accredited agency.--The term ``accredited 
        agency'' means an agency accredited under title II to 
        provide adoption services in the United States in cases 
        subject to the Convention.
          (2) Accrediting entity.--The term ``accrediting 
        entity'' means an entity designated under section 
        202(a) to accredit agencies and approve persons under 
        title II.
          (3) Adoption service.--The term ``adoption service'' 
        means--
                  (A) identifying a child for adoption and 
                arranging an adoption;
                  (B) securing necessary consent to termination 
                of parental rights and to adoption;
                  (C) performing a background study on a child 
                or a home study on a prospective adoptive 
                parent, and reporting on such a study;
                  (D) making determinations of the best 
                interests of a child and the appropriateness of 
                adoptive placement for the child;
                  (E) post-placement monitoring of a case until 
                final adoption; and
                  (F) where made necessary by disruption before 
                final adoption, assuming custody and providing 
                child care or any other social service pending 
                an alternative placement.
The term ``providing'', with respect to an adoption service, 
includes facilitating the provision of the service.
          (4) Agency.--The term ``agency'' means any person 
        other than an individual.
          (5) Approved person.--The term ``approved person'' 
        means a person approved under title II to provide 
        adoption services in the United States in cases subject 
        to the Convention.
          (6) Attorney general.--Except as used in section 404, 
        the term ``Attorney General'' means the Attorney 
        General, acting through the Commissioner of Immigration 
        and Naturalization.
          (7) Central authority.--The term ``central 
        authority'' means the entity designated as such by any 
        Convention country under Article 6(1) of the 
        Convention.
          (8) Central authority function.--The term ``central 
        authority function'' means any duty required to be 
        carried out by a central authority under the 
        Convention.
          (9) Convention.--The term ``Convention'' means the 
        Convention on Protection of Children and Co-operation 
        in Respect of Intercountry Adoption, done at The Hague 
        on May 29, 1993.
          (10) Convention adoption.--The term ``Convention 
        adoption'' means an adoption of a child resident in a 
        foreign country party to the Convention by a United 
        States citizen, or an adoption of a child resident in 
        the United States by an individual residing in another 
        Convention country.
          (11) Convention record.--The term ``Convention 
        record'' means any item, collection, or grouping of 
        information contained in an electronic or physical 
        document, an electronic collection of data, a 
        photograph, an audio or video tape, or any other 
        information storage medium of any type whatever that 
        contains information about a specific past, current, or 
        prospective Convention adoption (regardless of whether 
        the adoption was made final) that has been preserved in 
        accordance with section 401(a) by the Secretary of 
        State or the Attorney General.
          (12) Convention country.--The term ``Convention 
        country'' means a country party to the Convention.
          (13) Other convention country.--The term ``other 
        Convention country'' means a Convention country other 
        than the United States.
          (14) Person.--The term ``person'' shall have the 
        meaning provided in section 1 of title 1, United States 
        Code, and shall not include any agency of government or 
        tribal government entity.
          (15) Person with an ownership or control interest.--
        The term ``person with an ownership or control 
        interest'' has the meaning given such term in section 
        1124(a)(3) of the Social Security Act (42 U.S.C. 1320a-
        3).
          (16) Secretary.--The term ``Secretary'' means the 
        Secretary of State.
          (17) State.--The term ``State'' means the 50 States, 
        the District of Columbia, the Commonwealth of Puerto 
        Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, and the Virgin Islands.

                TITLE I--UNITED STATES CENTRAL AUTHORITY

SEC. 101.\4\ DESIGNATION OF CENTRAL AUTHORITY.

    (a) In General.--For purposes of the Convention and this 
Act--
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 14911.
---------------------------------------------------------------------------
          (1) the Department of State shall serve as the 
        central authority of the United States; and
          (2) the Secretary shall serve as the head of the 
        central authority of the United States.
    (b) Performance of Central Authority Functions.--
          (1) Except as otherwise provided in this Act, the 
        Secretary shall be responsible for the performance of 
        all central authority functions for the United States 
        under the Convention and this Act.
          (2) All personnel of the Department of State 
        performing core central authority functions in a 
        professional capacity in the Office of Children's 
        Issues shall have a strong background in consular 
        affairs, personal experience in international 
        adoptions, or professional experience in international 
        adoptions or child services.
    (c) Authority To Issue Regulations.--Except as otherwise 
provided in this Act, the Secretary may prescribe such 
regulations as may be necessary to carry out central authority 
functions on behalf of the United States.

SEC. 102.\5\ RESPONSIBILITIES OF THE SECRETARY OF STATE.

    (a) Liaison Responsibilities.--The Secretary shall have 
responsibility for--
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    \5\ 42 U.S.C. 14912.
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          (1) liaison with the central authorities of other 
        Convention countries; and
          (2) the coordination of activities under the 
        Convention by persons subject to the jurisdiction of 
        the United States.
    (b) Information Exchange.--The Secretary shall be 
responsible for--
          (1) providing the central authorities of other 
        Convention countries with information concerning--
                  (A) accredited agencies and approved persons, 
                agencies and persons whose accreditation or 
                approval has been suspended or canceled, and 
                agencies and persons who have been temporarily 
                or permanently debarred from accreditation or 
                approval;
                  (B) Federal and State laws relevant to 
                implementing the Convention; and
                  (C) any other matters necessary and 
                appropriate for implementation of the 
                Convention;
          (2) not later than the date of the entry into force 
        of the Convention for the United States (pursuant to 
        Article 46(2)(a) of the Convention) and at least once 
        during each subsequent calendar year, providing to the 
        central authority of all other Convention countries a 
        notice requesting the central authority of each such 
        country to specify any requirements of such country 
        regarding adoption, including restrictions on the 
        eligibility of persons to adopt, with respect to which 
        information on the prospective adoptive parent or 
        parents in the United States would be relevant;
          (3) making responses to notices under paragraph (2) 
        available to--
                  (A) accredited agencies and approved persons; 
                and
                  (B) other persons or entities performing home 
                studies under section 201(b)(1);
          (4) ensuring the provision of a background report 
        (home study) on prospective adoptive parent or parents 
        (pursuant to the requirements of section 
        203(b)(1)(A)(ii)), through the central authority of 
        each child's country of origin, to the court having 
        jurisdiction over the adoption (or, in the case of a 
        child emigrating to the United States for the purpose 
        of adoption, to the competent authority in the child's 
        country of origin with responsibility for approving the 
        child's emigration) in adequate time to be considered 
        prior to the granting of such adoption or approval;
          (5) providing Federal agencies, State courts, and 
        accredited agencies and approved persons with an 
        identification of Convention countries and persons 
        authorized to perform functions under the Convention in 
        each such country; and
          (6) facilitating the transmittal of other appropriate 
        information to, and among, central authorities, Federal 
        and State agencies (including State courts), and 
        accredited agencies and approved persons.
    (c) Accreditation and Approval Responsibilities.--The 
Secretary shall carry out the functions prescribed by the 
Convention with respect to the accreditation of agencies and 
the approval of persons to provide adoption services in the 
United States in cases subject to the Convention as provided in 
title II. Such functions may not be delegated to any other 
Federal agency.
    (d) Additional Responsibilities.--The Secretary--
          (1) shall monitor individual Convention adoption 
        cases involving United States citizens; and
          (2) may facilitate interactions between such citizens 
        and officials of other Convention countries on matters 
        relating to the Convention in any case in which an 
        accredited agency or approved person is unwilling or 
        unable to provide such facilitation.
    (e) Establishment of Registry.--The Secretary and the 
Attorney General shall jointly establish a case registry of all 
adoptions involving immigration of children into the United 
States and emigration of children from the United States, 
regardless of whether the adoption occurs under the Convention. 
Such registry shall permit tracking of pending cases and 
retrieval of information on both pending and closed cases.
    (f) Methods of Performing Responsibilities.--The Secretary 
may--
          (1) authorize public or private entities to perform 
        appropriate central authority functions for which the 
        Secretary is responsible, pursuant to regulations or 
        under agreements published in the Federal Register; and
          (2) carry out central authority functions through 
        grants to, or contracts with, any individual or public 
        or private entity, except as may be otherwise 
        specifically provided in this Act.

SEC. 103.\6\ RESPONSIBILITIES OF THE ATTORNEY GENERAL.

    In addition to such other responsibilities as are 
specifically conferred upon the Attorney General by this Act, 
the central authority functions specified in Article 14 of the 
Convention (relating to the filing of applications by 
prospective adoptive parents to the central authority of their 
country of residence) shall be performed by the Attorney 
General.
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    \6\ 42 U.S.C. 14913.
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SEC. 104.\7\ ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.

    (a) Reports Required.--Beginning 1 year after the date of 
the entry into force of the Convention for the United States 
and each year thereafter, the Secretary, in consultation with 
the Attorney General and other appropriate agencies, shall 
submit a report describing the activities of the central 
authority of the United States under this Act during the 
preceding year to the Committee on International Relations, the 
Committee on Ways and Means, and the Committee on the Judiciary 
of the House of Representatives and the Committee on Foreign 
Relations, the Committee on Finance, and the Committee on the 
Judiciary of the Senate.
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    \7\ 42 U.S.C. 14914.
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    (b) Report Elements.--Each report under subsection (a) 
shall set forth with respect to the year concerned, the 
following:
          (1) The number of intercountry adoptions involving 
        immigration to the United States, regardless of whether 
        the adoption occurred under the Convention, including 
        the country from which each child emigrated, the State 
        to which each child immigrated, and the country in 
        which the adoption was finalized.
          (2) The number of intercountry adoptions involving 
        emigration from the United States, regardless of 
        whether the adoption occurred under the Convention, 
        including the country to which each child immigrated 
        and the State from which each child emigrated.
          (3) The number of Convention placements for adoption 
        in the United States that were disrupted, including the 
        country from which the child emigrated, the age of the 
        child, the date of the placement for adoption, the 
        reasons for the disruption, the resolution of the 
        disruption, the agencies that handled the placement for 
        adoption, and the plans for the child, and in addition, 
        any information regarding disruption or dissolution of 
        adoptions of children from other countries received 
        pursuant to section 422(b)(14) of the Social Security 
        Act, as amended by section 205 of this Act.
          (4) The average time required for completion of a 
        Convention adoption, set forth by country from which 
        the child emigrated.
          (5) The current list of agencies accredited and 
        persons approved under this Act to provide adoption 
        services.
          (6) The names of the agencies and persons temporarily 
        or permanently debarred under this Act, and the reasons 
        for the debarment.
          (7) The range of adoption fees charged in connection 
        with Convention adoptions involving immigration to the 
        United States and the median of such fees set forth by 
        the country of origin.
          (8) The range of fees charged for accreditation of 
        agencies and the approval of persons in the United 
        States engaged in providing adoption services under the 
        Convention.

      TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

SEC. 201.\8\ ACCREDITATION OR APPROVAL REQUIRED IN ORDER TO PROVIDE 
                    ADOPTION SERVICES IN CASES SUBJECT TO THE 
                    CONVENTION.

    (a) In General.--Except as otherwise provided in this 
title, no person may offer or provide adoption services in 
connection with a Convention adoption in the United States 
unless that person--
---------------------------------------------------------------------------
    \8\ 42 U.S.C. 14921.
---------------------------------------------------------------------------
          (1) is accredited or approved in accordance with this 
        title; or
          (2) is providing such services through or under the 
        supervision and responsibility of an accredited agency 
        or approved person.
    (b) Exceptions.--Subsection (a) shall not apply to the 
following:
          (1) Background studies and home studies.--The 
        performance of a background study on a child or a home 
        study on a prospective adoptive parent, or any report 
        on any such study by a social work professional or 
        organization who is not providing any other adoption 
        service in the case, if the background or home study is 
        approved by an accredited agency.
          (2) Child welfare services.--The provision of a child 
        welfare service by a person who is not providing any 
        other adoption service in the case.
          (3) Legal services.--The provision of legal services 
        by a person who is not providing any adoption service 
        in the case.
          (4) Prospective adoptive parents acting on own 
        behalf.--The conduct of a prospective adoptive parent 
        on his or her own behalf in the case, to the extent not 
        prohibited by the law of the State in which the 
        prospective adoptive parent resides.

SEC. 202.\9\ PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF 
                    ACCREDITING ENTITIES.

    (a) Designation of Accrediting Entities.--
          (1) In general.--The Secretary shall enter into 
        agreements with one or more qualified entities under 
        which such entities will perform the duties described 
        in subsection (b) in accordance with the Convention, 
        this title, and the regulations prescribed under 
        section 203, and upon entering into each such agreement 
        shall designate the qualified entity as an accrediting 
        entity.
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 14922.
---------------------------------------------------------------------------
          (2) Qualified entities.--In paragraph (1), the term 
        ``qualified entity'' means--
                  (A) a nonprofit private entity that has 
                expertise in developing and administering 
                standards for entities providing child welfare 
                services and that meets such other criteria as 
                the Secretary may by regulation establish; or
                  (B) a public entity (other than a Federal 
                entity), including an agency or instrumentality 
                of State government having responsibility for 
                licensing adoption agencies, that--
                          (i) has expertise in developing and 
                        administering standards for entities 
                        providing child welfare services;
                          (ii) accredits only agencies located 
                        in the State in which the public entity 
                        is located; and
                          (iii) meets such other criteria as 
                        the Secretary may by regulation 
                        establish.
    (b) Duties of Accrediting Entities.--The duties described 
in this subsection are the following:
          (1) Accreditation and approval.--Accreditation of 
        agencies, and approval of persons, to provide adoption 
        services in the United States in cases subject to the 
        Convention.
          (2) Oversight.--Ongoing monitoring of the compliance 
        of accredited agencies and approved persons with 
        applicable requirements, including review of complaints 
        against such agencies and persons in accordance with 
        procedures established by the accrediting entity and 
        approved by the Secretary.
          (3) Enforcement.--Taking of adverse actions 
        (including requiring corrective action, imposing 
        sanctions, and refusing to renew, suspending, or 
        canceling accreditation or approval) for noncompliance 
        with applicable requirements, and notifying the agency 
        or person against whom adverse actions are taken of the 
        deficiencies necessitating the adverse action.
          (4) Data, records, and reports.--Collection of data, 
        maintenance of records, and reporting to the Secretary, 
        the United States central authority, State courts, and 
        other entities (including on persons and agencies 
        granted or denied approval or accreditation), to the 
        extent and in the manner that the Secretary requires.
    (c) Remedies for Adverse Action by Accrediting Entity.--
          (1) Correction of deficiency.--An agency or person 
        who is the subject of an adverse action by an 
        accrediting entity may re-apply for accreditation or 
        approval (or petition for termination of the adverse 
        action) on demonstrating to the satisfaction of the 
        accrediting entity that the deficiencies necessitating 
        the adverse action have been corrected.
          (2) No other administrative review.--An adverse 
        action by an accrediting entity shall not be subject to 
        administrative review.
          (3) Judicial review.--An agency or person who is the 
        subject of an adverse action by an accrediting entity 
        may petition the United States district court in the 
        judicial district in which the agency is located or the 
        person resides to set aside the adverse action. The 
        court shall review the adverse action in accordance 
        with section 706 of title 5, United States Code, and 
        for purposes of such review the accrediting entity 
        shall be considered an agency within the meaning of 
        section 701 of such title.
    (d) Fees.--The amount of fees assessed by accrediting 
entities for the costs of accreditation shall be subject to 
approval by the Secretary. Such fees may not exceed the costs 
of accreditation. In reviewing the level of such fees, the 
Secretary shall consider the relative size of, the geographic 
location of, and the number of Convention adoption cases 
managed by the agencies or persons subject to accreditation or 
approval by the accrediting entity.

SEC. 203.\10\ STANDARDS AND PROCEDURES FOR PROVIDING ACCREDITATION OR 
                    APPROVAL.

    (a) In General.--
          (1) Promulgation of regulations.--The Secretary, 
        shall, by regulation, prescribe the standards and 
        procedures to be used by accrediting entities for the 
        accreditation of agencies and the approval of persons 
        to provide adoption services in the United States in 
        cases subject to the Convention.
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    \10\ 42 U.S.C. 14923.
---------------------------------------------------------------------------
          (2) Consideration of views.--In developing such 
        regulations, the Secretary shall consider any standards 
        or procedures developed or proposed by, and the views 
        of, individuals and entities with interest and 
        expertise in international adoptions and family social 
        services, including public and private entities with 
        experience in licensing and accrediting adoption 
        agencies.
          (3) Applicability of notice and comment rules.--
        Subsections (b), (c), and (d) of section 553 of title 
        5, United States Code, shall apply in the development 
        and issuance of regulations under this section.
    (b) Minimum Requirements.--
          (1) Accreditation.--The standards prescribed under 
        subsection (a) shall include the requirement that 
        accreditation of an agency may not be provided or 
        continued under this title unless the agency meets the 
        following requirements:
                  (A) Specific requirements.--
                          (i) The agency provides prospective 
                        adoptive parents of a child in a 
                        prospective Convention adoption a copy 
                        of the medical records of the child 
                        (which, to the fullest extent 
                        practicable, shall include an English-
                        language translation of such records) 
                        on a date which is not later than the 
                        earlier of the date that is 2 weeks 
                        before: (I) the adoption; or (II) the 
                        date on which the prospective parents 
                        travel to a foreign country to complete 
                        all procedures in such country relating 
                        to the adoption.
                          (ii) The agency ensures that a 
                        thorough background report (home study) 
                        on the prospective adoptive parent or 
                        parents has been completed in 
                        accordance with the Convention and with 
                        applicable Federal and State 
                        requirements and transmitted to the 
                        Attorney General with respect to each 
                        Convention adoption. Each such report 
                        shall include a criminal background 
                        check and a full and complete statement 
                        of all facts relevant to the 
                        eligibility of the prospective adopting 
                        parent or parents to adopt a child 
                        under any requirements specified by the 
                        central authority of the child's 
                        country of origin under section 
                        102(b)(3), including, in the case of a 
                        child emigrating to the United States 
                        for the purpose of adoption, the 
                        requirements of the child's country of 
                        origin applicable to adoptions taking 
                        place in such country. For purposes of 
                        this clause, the term ``background 
                        report (home study)'' includes any 
                        supplemental statement submitted by the 
                        agency to the Attorney General for the 
                        purpose of providing information 
                        relevant to any requirements specified 
                        by the child's country of origin.
                          (iii) The agency provides prospective 
                        adoptive parents with a training 
                        program that includes counseling and 
                        guidance for the purpose of promoting a 
                        successful intercountry adoption before 
                        such parents travel to adopt the child 
                        or the child is placed with such 
                        parents for adoption.
                          (iv) The agency employs personnel 
                        providing intercountry adoption 
                        services on a fee for service basis 
                        rather than on a contingent fee basis.
                          (v) The agency discloses fully its 
                        policies and practices, the disruption 
                        rates of its placements for 
                        intercountry adoption, and all fees 
                        charged by such agency for intercountry 
                        adoption.
                  (B) Capacity to provide adoption services.--
                The agency has, directly or through 
                arrangements with other persons, a sufficient 
                number of appropriately trained and qualified 
                personnel, sufficient financial resources, 
                appropriate organizational structure, and 
                appropriate procedures to enable the agency to 
                provide, in accordance with this Act, all 
                adoption services in cases subject to the 
                Convention.
                  (C) Use of social service professionals.--The 
                agency has established procedures designed to 
                ensure that social service functions requiring 
                the application of clinical skills and judgment 
                are performed only by professionals with 
                appropriate qualifications and credentials.
                  (D) Records, reports, and information 
                matters.--The agency is capable of--
                          (i) maintaining such records and 
                        making such reports as may be required 
                        by the Secretary, the United States 
                        central authority, and the accrediting 
                        entity that accredits the agency;
                          (ii) cooperating with reviews, 
                        inspections, and audits;
                          (iii) safeguarding sensitive 
                        individual information; and
                          (iv) complying with other 
                        requirements concerning information 
                        management necessary to ensure 
                        compliance with the Convention, this 
                        Act, and any other applicable law.
                  (E) Liability insurance.--The agency agrees 
                to have in force adequate liability insurance 
                for professional negligence and any other 
                insurance that the Secretary considers 
                appropriate.
                  (F) Compliance with applicable rules.--The 
                agency has established adequate measures to 
                comply (and to ensure compliance of their 
                agents and clients) with the Convention, this 
                Act, and any other applicable law.
                  (G) Nonprofit organization with state license 
                to provide adoption services.--The agency is a 
                private nonprofit organization licensed to 
                provide adoption services in at least one 
                State.
          (2) Approval.--The standards prescribed under 
        subsection (a) shall include the requirement that a 
        person shall not be approved under this title unless 
        the person is a private for-profit entity that meets 
        the requirements of subparagraphs (A) through (F) of 
        paragraph (1) of this subsection.
          (3) Renewal of accreditation or approval.--The 
        standards prescribed under subsection (a) shall provide 
        that the accreditation of an agency or approval of a 
        person under this title shall be for a period of not 
        less than 3 years and not more than 5 years, and may be 
        renewed on a showing that the agency or person meets 
        the requirements applicable to original accreditation 
        or approval under this title.
    (c) Temporary Registration of Community Based Agencies.--
          (1) One-year registration period for medium community 
        based agencies.--For a 1-year period after the entry 
        into force of the Convention and notwithstanding 
        subsection (b), the Secretary may provide, in 
        regulations issued pursuant to subsection (a), that an 
        agency may register with the Secretary and be 
        accredited to provide adoption services in the United 
        States in cases subject to the Convention during such 
        period if the agency has provided adoption services in 
        fewer than 100 intercountry adoptions in the preceding 
        calendar year and meets the criteria described in 
        paragraph (3).
          (2) Two-year registration period for small community-
        based agencies.--For a 2-year period after the entry 
        into force of the Convention and notwithstanding 
        subsection (b), the Secretary may provide, in 
        regulations issued pursuant to subsection (a), that an 
        agency may register with the Secretary and be 
        accredited to provide adoption services in the United 
        States in cases subject to the Convention during such 
        period if the agency has provided adoption services in 
        fewer than 50 intercountry adoptions in the preceding 
        calendar year and meets the criteria described in 
        paragraph (3).
          (3) Criteria for registration.--Agencies registered 
        under this subsection shall meet the following 
        criteria:
                  (A) The agency is licensed in the State in 
                which it is located and is a nonprofit agency.
                  (B) The agency has been providing adoption 
                services in connection with intercountry 
                adoptions for at least 3 years.
                  (C) The agency has demonstrated that it will 
                be able to provide the United States Government 
                with all information related to the elements 
                described in section 104(b) and provides such 
                information.
                  (D) The agency has initiated the process of 
                becoming accredited under the provisions of 
                this Act and is actively taking steps to become 
                an accredited agency.
                  (E) The agency has not been found to be 
                involved in any improper conduct relating to 
                intercountry adoptions.

SEC. 204.\11\ SECRETARIAL OVERSIGHT OF ACCREDITATION AND APPROVAL.

    (a) Oversight of Accrediting Entities.--The Secretary 
shall--
---------------------------------------------------------------------------
    \11\ 42 U.S.C. 14924.
---------------------------------------------------------------------------
          (1) monitor the performance by each accrediting 
        entity of its duties under section 202 and its 
        compliance with the requirements of the Convention, 
        this Act, other applicable laws, and implementing 
        regulations under this Act; and
          (2) suspend or cancel the designation of an 
        accrediting entity found to be substantially out of 
        compliance with the Convention, this Act, other 
        applicable laws, or implementing regulations under this 
        Act.
    (b) Suspension or Cancellation of Accreditation or 
Approval.--
          (1) Secretary's authority.--The Secretary shall 
        suspend or cancel the accreditation or approval granted 
        by an accrediting entity to an agency or person 
        pursuant to section 202 when the Secretary finds that--
                  (A) the agency or person is substantially out 
                of compliance with applicable requirements; and
                  (B) the accrediting entity has failed or 
                refused, after consultation with the Secretary, 
                to take appropriate enforcement action.
          (2) Correction of deficiency.--At any time when the 
        Secretary is satisfied that the deficiencies on the 
        basis of which an adverse action is taken under 
        paragraph (1) have been corrected, the Secretary 
        shall--
                  (A) notify the accrediting entity that the 
                deficiencies have been corrected; and
                  (B)(i) in the case of a suspension, terminate 
                the suspension; or
                  (ii) in the case of a cancellation, notify 
                the agency or person that the agency or person 
                may re-apply to the accrediting entity for 
                accreditation or approval.
    (c) Debarment.--
          (1) Secretary's authority.--On the initiative of the 
        Secretary, or on request of an accrediting entity, the 
        Secretary may temporarily or permanently debar an 
        agency from accreditation or a person from approval 
        under this title, but only if--
                  (A) there is substantial evidence that the 
                agency or person is out of compliance with 
                applicable requirements; and
                  (B) there has been a pattern of serious, 
                willful, or grossly negligent failures to 
                comply or other aggravating circumstances 
                indicating that continued accreditation or 
                approval would not be in the best interests of 
                the children and families concerned.
          (2) Period of debarment.--The Secretary's debarment 
        order shall state whether the debarment is temporary or 
        permanent. If the debarment is temporary, the Secretary 
        shall specify a date, not earlier than 3 years after 
        the date of the order, on or after which the agency or 
        person may apply to the Secretary for withdrawal of the 
        debarment.
          (3) Effect of debarment.--An accrediting entity may 
        take into account the circumstances of the debarment of 
        an agency or person that has been debarred pursuant to 
        this subsection in considering any subsequent 
        application of the agency or person, or of any other 
        entity in which the agency or person has an ownership 
        or control interest, for accreditation or approval 
        under this title.
    (d) Judicial Review.--A person (other than a prospective 
adoptive parent), an agency, or an accrediting entity who is 
the subject of a final action of suspension, cancellation, or 
debarment by the Secretary under this title may petition the 
United States District Court for the District of Columbia or 
the United States district court in the judicial district in 
which the person resides or the agency or accrediting entity is 
located to set aside the action. The court shall review the 
action in accordance with section 706 of title 5, United States 
Code.
    (e) Failure To Ensure a Full and Complete Home Study.--
          (1) In general.--Willful, grossly negligent, or 
        repeated failure to ensure the completion and 
        transmission of a background report (home study) that 
        fully complies with the requirements of section 
        203(b)(1)(A)(ii) shall constitute substantial 
        noncompliance with applicable requirements.
          (2) Regulations.--Regulations promulgated under 
        section 203 shall provide for--
                  (A) frequent and careful monitoring of 
                compliance by agencies and approved persons 
                with the requirements of section 203(b)(A)(ii); 
                and
                  (B) consultation between the Secretary and 
                the accrediting entity where an agency or 
                person has engaged in substantial noncompliance 
                with the requirements of section 203(b)(A)(ii), 
                unless the accrediting entity has taken 
                appropriate corrective action and the 
                noncompliance has not recurred.
          (3) Repeated failures to comply.--Repeated serious, 
        willful, or grossly negligent failures to comply with 
        the requirements of section 203(b)(1)(A)(ii) by an 
        agency or person after consultation between Secretary 
        and the accrediting entity with respect to previous 
        noncompliance by such agency or person shall constitute 
        a pattern of serious, willful, or grossly negligent 
        failures to comply under subsection (c)(1)(B).
          (4) Failure to comply with certain requirements.--A 
        failure to comply with the requirements of section 
        203(b)(1)(A)(ii) shall constitute a serious failure to 
        comply under subsection (c)(1)(B) unless it is shown by 
        clear and convincing evidence that such noncompliance 
        had neither the purpose nor the effect of determining 
        the outcome of a decision or proceeding by a court or 
        other competent authority in the United States or the 
        child's country of origin.

SEC. 205. STATE PLAN REQUIREMENT.

    Section 422(b) of the Social Security Act (42 U.S.C. 
622(b)) is amended--* * *

  TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

SEC. 301.\12\ ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED STATES.

    (a) Legal Effect of Certificates Issued by the Secretary of 
State.--
          (1) Issuance of certificates by the secretary of 
        state.--The Secretary of State shall, with respect to 
        each Convention adoption, issue a certificate to the 
        adoptive citizen parent domiciled in the United States 
        that the adoption has been granted or, in the case of a 
        prospective adoptive citizen parent, that legal custody 
        of the child has been granted to the citizen parent for 
        purposes of emigration and adoption, pursuant to the 
        Convention and this Act, if the Secretary of State--
---------------------------------------------------------------------------
    \12\ 42 U.S.C. 14931.
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                  (A) receives appropriate notification from 
                the central authority of such child's country 
                of origin; and
                  (B) has verified that the requirements of the 
                Convention and this Act have been met with 
                respect to the adoption.
          (2) Legal effect of certificates.--If appended to an 
        original adoption decree, the certificate described in 
        paragraph (1) shall be treated by Federal and State 
        agencies, courts, and other public and private persons 
        and entities as conclusive evidence of the facts 
        certified therein and shall constitute the 
        certification required by section 204(d)(2) of the 
        Immigration and Nationality Act, as amended by this 
        Act.
    (b) Legal Effect of Convention Adoption Finalized in 
Another Convention Country.--A final adoption in another 
Convention country, certified by the Secretary of State 
pursuant to subsection (a) of this section or section 303(c), 
shall be recognized as a final valid adoption for purposes of 
all Federal, State, and local laws of the United States.
    (c) Condition on Finalization of Convention Adoption by 
State Court.--In the case of a child who has entered the United 
States from another Convention country for the purpose of 
adoption, an order declaring the adoption final shall not be 
entered unless the Secretary of State has issued the 
certificate provided for in subsection (a) with respect to the 
adoption.

SEC. 302. IMMIGRATION AND NATIONALITY ACT AMENDMENTS RELATING TO 
                    CHILDREN ADOPTED FROM CONVENTION COUNTRIES.

    (a) Definition of Child.--Section 101(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is 
amended--* * *
    (b) Approval of Petitions.--Section 204(d) of the 
Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended--
* * *
    (c) Definition of Parent.--Section 101(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1101(b)(2)) is 
amended * * *

SEC. 303.\13\ ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED STATES.

    (a) Duties of Accredited Agency or Approved Person.--In the 
case of a Convention adoption involving the emigration of a 
child residing in the United States to a foreign country, the 
accredited agency or approved person providing adoption 
services, or the prospective adoptive parent or parents acting 
on their own behalf (if permitted by the laws of such other 
Convention country in which they reside and the laws of the 
State in which the child resides), shall do the following:
---------------------------------------------------------------------------
    \13\ 42 U.S.C. 14932.
---------------------------------------------------------------------------
          (1) Ensure that, in accordance with the Convention--
                  (A) a background study on the child is 
                completed;
                  (B) the accredited agency or approved 
                person--
                          (i) has made reasonable efforts to 
                        actively recruit and make a diligent 
                        search for prospective adoptive parents 
                        to adopt the child in the United 
                        States; and
                          (ii) despite such efforts, has not 
                        been able to place the child for 
                        adoption in the United States in a 
                        timely manner; and
                  (C) a determination is made that placement 
                with the prospective adoptive parent or parents 
                is in the best interests of the child.
          (2) Furnish to the State court with jurisdiction over 
        the case--
                  (A) documentation of the matters described in 
                paragraph (1);
                  (B) a background report (home study) on the 
                prospective adoptive parent or parents 
                (including a criminal background check) 
                prepared in accordance with the laws of the 
                receiving country; and
                  (C) a declaration by the central authority 
                (or other competent authority) of such other 
                Convention country--
                          (i) that the child will be permitted 
                        to enter and reside permanently, or on 
                        the same basis as the adopting parent, 
                        in the receiving country; and
                          (ii) that the central authority (or 
                        other competent authority) of such 
                        other Convention country consents to 
                        the adoption, if such consent is 
                        necessary under the laws of such 
                        country for the adoption to become 
                        final.
          (3) Furnish to the United States central authority--
                  (A) official copies of State court orders 
                certifying the final adoption or grant of 
                custody for the purpose of adoption;
                  (B) the information and documents described 
                in paragraph (2), to the extent required by the 
                United States central authority; and
                  (C) any other information concerning the case 
                required by the United States central authority 
                to perform the functions specified in 
                subsection (c) or otherwise to carry out the 
                duties of the United States central authority 
                under the Convention.
    (b) Conditions on State Court Orders.--An order declaring 
an adoption to be final or granting custody for the purpose of 
adoption in a case described in subsection (a) shall not be 
entered unless the court--
          (1) has received and verified to the extent the court 
        may find necessary--
                  (A) the material described in subsection 
                (a)(2); and
                  (B) satisfactory evidence that the 
                requirements of Articles 4 and 15 through 21 of 
                the Convention have been met; and
          (2) has determined that the adoptive placement is in 
        the best interests of the child.
    (c) Duties of the Secretary of State.--In a case described 
in subsection (a), the Secretary, on receipt and verification 
as necessary of the material and information described in 
subsection (a)(3), shall issue, as applicable, an official 
certification that the child has been adopted or a declaration 
that custody for purposes of adoption has been granted, in 
accordance with the Convention and this Act.
    (d) Filing with Registry Regarding Nonconvention 
Adoptions.--Accredited agencies, approved persons, and other 
persons, including governmental authorities, providing adoption 
services in an intercountry adoption not subject to the 
Convention that involves the emigration of a child from the 
United States shall file information required by regulations 
jointly issued by the Attorney General and the Secretary of 
State for purposes of implementing section 102(e).

                TITLE IV--ADMINISTRATION AND ENFORCEMENT

SEC. 401.\14\ ACCESS TO CONVENTION RECORDS.

    (a) Preservation of Convention Records.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary, in 
        consultation with the Attorney General, shall issue 
        regulations that establish procedures and requirements 
        in accordance with the Convention and this section for 
        the preservation of Convention records.
---------------------------------------------------------------------------
    \14\ 42 U.S.C. 14941.
---------------------------------------------------------------------------
          (2) Applicability of notice and comment rules.--
        Subsections (b), (c), and (d) of section 553 of title 
        5, United States Code, shall apply in the development 
        and issuance of regulations under this section.
    (b) Access to Convention Records.--
          (1) Prohibition.--Except as provided in paragraph 
        (2), the Secretary or the Attorney General may disclose 
        a Convention record, and access to such a record may be 
        provided in whole or in part, only if such record is 
        maintained under the authority of the Immigration and 
        Nationality Act and disclosure of, or access to, such 
        record is permitted or required by applicable Federal 
        law.
          (2) Exception for administration of the convention.--
        A Convention record may be disclosed, and access to 
        such a record may be provided, in whole or in part, 
        among the Secretary, the Attorney General, central 
        authorities, accredited agencies, and approved persons, 
        only to the extent necessary to administer the 
        Convention or this Act.
          (3) Penalties for unlawful disclosure.--Unlawful 
        disclosure of all or part of a Convention record shall 
        be punishable in accordance with applicable Federal 
        law.
    (c) Access to Non-Convention Records.--Disclosure of, 
access to, and penalties for unlawful disclosure of, adoption 
records that are not Convention records, including records of 
adoption proceedings conducted in the United States, shall be 
governed by applicable State law.

SEC. 402.\15\ DOCUMENTS OF OTHER CONVENTION COUNTRIES.

    Documents originating in any other Convention country and 
related to a Convention adoption case shall require no 
authentication in order to be admissible in any Federal, State, 
or local court in the United States, unless a specific and 
supported claim is made that the documents are false, have been 
altered, or are otherwise unreliable.
---------------------------------------------------------------------------
    \15\ 42 U.S.C. 14942.
---------------------------------------------------------------------------

SEC. 403.\16\ AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF FEES.

    (a) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated such sums as may be necessary to agencies 
        of the Federal Government implementing the Convention 
        and the provisions of this Act.
---------------------------------------------------------------------------
    \16\ 42 U.S.C. 14943.
---------------------------------------------------------------------------
          (2) Availability of funds.--Amounts appropriated 
        pursuant to paragraph (1) are authorized to remain 
        available until expended.
    (b) Assessment of Fees.--
          (1) The Secretary may charge a fee for new or 
        enhanced services that will be undertaken by the 
        Department of State to meet the requirements of this 
        Act with respect to intercountry adoptions under the 
        Convention and comparable services with respect to 
        other intercountry adoptions. Such fee shall be 
        prescribed by regulation and shall not exceed the cost 
        of such services.
          (2) Fees collected under paragraph (1) shall be 
        retained and deposited as an offsetting collection to 
        any Department of State appropriation to recover the 
        costs of providing such services.
          (3) Fees authorized under this section shall be 
        available for obligation only to the extent and in the 
        amount provided in advance in appropriations Acts.
    (c) Restriction.--No funds collected under the authority of 
this section may be made available to an accrediting entity to 
carry out the purposes of this Act.

SEC. 404.\17\ ENFORCEMENT.

    (a) Civil Penalties.--Any person who--
---------------------------------------------------------------------------
    \17\ 42 U.S.C. 14944.
---------------------------------------------------------------------------
          (1) violates section 201;
          (2) makes a false or fraudulent statement, or 
        misrepresentation, with respect to a material fact, or 
        offers, gives, solicits, or accepts inducement by way 
        of compensation, intended to influence or affect in the 
        United States or a foreign country--
                  (A) a decision by an accrediting entity with 
                respect to the accreditation of an agency or 
                approval of a person under title II;
                  (B) the relinquishment of parental rights or 
                the giving of parental consent relating to the 
                adoption of a child in a case subject to the 
                Convention; or
                  (C) a decision or action of any entity 
                performing a central authority function; or
          (3) engages another person as an agent, whether in 
        the United States or in a foreign country, who in the 
        course of that agency takes any of the actions 
        described in paragraph (1) or (2),
shall be subject, in addition to any other penalty that may be 
prescribed by law, to a civil money penalty of not more than 
$50,000 for a first violation, and not more than $100,000 for 
each succeeding violation.
    (b) Civil Enforcement.--
          (1) Authority of attorney general.--The Attorney 
        General may bring a civil action to enforce subsection 
        (a) against any person in any United States district 
        court.
          (2) Factors to be considered in imposing penalties.--
        In imposing penalties the court shall consider the 
        gravity of the violation, the degree of culpability of 
        the defendant, and any history of prior violations by 
        the defendant.
    (c) Criminal Penalties.--Whoever knowingly and willfully 
violates paragraph (1) or (2) of subsection (a) shall be 
subject to a fine of not more than $250,000, imprisonment for 
not more than 5 years, or both.

                      TITLE V--GENERAL PROVISIONS

SEC. 501.\18\ RECOGNITION OF CONVENTION ADOPTIONS.

    Subject to Article 24 of the Convention, adoptions 
concluded between two other Convention countries that meet the 
requirements of Article 23 of the Convention and that became 
final before the date of entry into force of the Convention for 
the United States shall be recognized thereafter in the United 
States and given full effect. Such recognition shall include 
the specific effects described in Article 26 of the Convention.
---------------------------------------------------------------------------
    \18\ 42 U.S.C. 14951.
---------------------------------------------------------------------------

SEC. 502.\19\ SPECIAL RULES FOR CERTAIN CASES.

    (a) Authority to Establish Alternative Procedures for 
Adoption of Children by Relatives.--To the extent consistent 
with the Convention, the Secretary may establish by regulation 
alternative procedures for the adoption of children by 
individuals related to them by blood, marriage, or adoption, in 
cases subject to the Convention.
---------------------------------------------------------------------------
    \19\ 42 U.S.C. 14952.
---------------------------------------------------------------------------
    (b) Waiver Authority.--
          (1) In general.--Notwithstanding any other provision 
        of this Act, to the extent consistent with the 
        Convention, the Secretary may, on a case-by-case basis, 
        waive applicable requirements of this Act or 
        regulations issued under this Act, in the interests of 
        justice or to prevent grave physical harm to the child.
          (2) Nondelegation.--The authority provided by 
        paragraph (1) may not be delegated.

SEC. 503.\20\ RELATIONSHIP TO OTHER LAWS.

    (a) Preemption of Inconsistent State Law.--The Convention 
and this Act shall not be construed to preempt any provision of 
the law of any State or political subdivision thereof, or 
prevent a State or political subdivision thereof from enacting 
any provision of law with respect to the subject matter of the 
Convention or this Act, except to the extent that such 
provision of State law is inconsistent with the Convention or 
this Act, and then only to the extent of the inconsistency.
---------------------------------------------------------------------------
    \20\ 42 U.S.C. 14953.
---------------------------------------------------------------------------
    (b) Applicability of the Indian Child Welfare Act.--The 
Convention and this Act shall not be construed to affect the 
application of the Indian Child Welfare Act of 1978 (25 U.S.C. 
1901 et seq.).
    (c) Relationship to Other Laws.--Sections 3506(c), 3507, 
and 3512 of title 44, United States Code, shall not apply to 
information collection for purposes of sections 104, 202(b)(4), 
and 303(d) of this Act or for use as a Convention record as 
defined in this Act.

SEC. 504.\21\ NO PRIVATE RIGHT OF ACTION.

    The Convention and this Act shall not be construed to 
create a private right of action to seek administrative or 
judicial relief, except to the extent expressly provided in 
this Act.
---------------------------------------------------------------------------
    \21\ 42 U.S.C. 14954.
---------------------------------------------------------------------------

SEC. 505.\22\ EFFECTIVE DATES; TRANSITION RULE.

    (a) Effective Dates.--
          (1) Provisions effective upon enactment.--Sections 2, 
        3, 101 through 103, 202 through 205, 401(a), 403, 503, 
        and 505(a) shall take effect on the date of the 
        enactment of this Act.
---------------------------------------------------------------------------
    \22\ 42 U.S.C. 14901 note.
---------------------------------------------------------------------------
          (2) Provisions effective upon the entry into force of 
        the convention.--Subject to subsection (b), the 
        provisions of this Act not specified in paragraph (1) 
        shall take effect upon the entry into force of the 
        Convention for the United States pursuant to Article 
        46(2)(a) of the Convention.
    (b) Transition Rule.--The Convention and this Act shall not 
apply--
          (1) in the case of a child immigrating to the United 
        States, if the application for advance processing of an 
        orphan petition or petition to classify an orphan as an 
        immediate relative for the child is filed before the 
        effective date described in subsection (a)(2); or
          (2) in the case of a child emigrating from the United 
        States, if the prospective adoptive parents of the 
        child initiated the adoption process in their country 
        of residence with the filing of an appropriate 
        application before the effective date described in 
        subsection (a)(2).
           b. Extradition Treaties Interpretation Act of 1998

  Title II of Public Law 105-323 [H.R. 4660], 112 Stat. 3029 at 3033, 
                       approved October 30, 1998

     TITLE II--EXTRADITION TREATIES INTERPRETATION ACT OF 1998 \1\

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Extradition Treaties 
Interpretation Act of 1998''.
---------------------------------------------------------------------------
    \1\ 18 U.S.C. 3181 note.
---------------------------------------------------------------------------

SEC. 202. FINDINGS.

    Congress finds that--
          (1) each year, several hundred children are kidnapped 
        by a parent in violation of law, court order, or 
        legally binding agreement and brought to, or taken 
        from, the United States;
          (2) until the mid-1970's, parental abduction 
        generally was not considered a criminal offense in the 
        United States;
          (3) since the mid-1970's, United States criminal law 
        has evolved such that parental abduction is now a 
        criminal offense in each of the 50 States and the 
        District of Columbia;
          (4) in enacting the International Parental Kidnapping 
        Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998; 
        18 U.S.C. 1204), Congress recognized the need to combat 
        parental abduction by making the act of international 
        parental kidnapping a Federal criminal offense;
          (5) many of the extradition treaties to which the 
        United States is a party specifically list the offenses 
        that are extraditable and use the word ``kidnapping'', 
        but it has been the practice of the United States not 
        to consider the term to include parental abduction 
        because these treaties were negotiated by the United 
        States prior to the development in United States 
        criminal law described in paragraphs (3) and (4);
          (6) the more modern extradition treaties to which the 
        United States is a party contain dual criminality 
        provisions, which provide for extradition where both 
        parties make the offense a felony, and therefore it is 
        the practice of the United States to consider such 
        treaties to include parental abduction if the other 
        foreign state party also considers the act of parental 
        abduction to be a criminal offense; and
          (7) this circumstance has resulted in a disparity in 
        United States extradition law which should be rectified 
        to better protect the interests of children and their 
        parents.

SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.

    For purposes of any extradition treaty to which the United 
States is a party, Congress authorizes the interpretation of 
the terms ``kidnaping'' and ``kidnapping'' to include parental 
kidnapping.
             c. International Child Abduction Remedies Act

Partial text of Public Law 100-300 [H.R. 3971], 102 Stat. 437, approved 
  April 29, 1988; amended by the Foreign Relations Authorization Act, 
 Fiscal Years 1998 and 1999 [Public Law 105-277; H.R. 4328], 112 Stat. 
                  2681-801, approved October 21, 1998

AN ACT To establish procedures to implement the Convention on the Civil 
Aspects of International Child Abduction, done at The Hague on October 
                   25, 1980, 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.\1\ SHORT TITLE.

    This Act may be cited as the ``International Child 
Abduction Remedies Act''.
---------------------------------------------------------------------------
    \1\ 42 U.S.C. 11601 note. See also the International Parental 
Kidnapping Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998; 18 
U.S.C. 1204).
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND DECLARATIONS.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 42 U.S.C. 11601. See also sec. 2803 of the Foreign Affairs 
Reform and Restructuring Act of 1998 (in division G, Public Law 105-
277; 112 Stat. 2681-846), as amended, relating to a report on 
compliance with the Hague Convention on International Child Abduction.
---------------------------------------------------------------------------
          (1) The international abduction or wrongful retention 
        of children is harmful to their well-being.
          (2) Persons should not be permitted to obtain custody 
        of children by virtue of their wrongful removal or 
        retention.
          (3) International abductions and retentions of 
        children are increasing, and only concerted cooperation 
        pursuant to an international agreement can effectively 
        combat this problem.
          (4) The Convention on the Civil Aspects of 
        International Child Abduction, done at The Hague on 
        October 25, 1980, establishes legal rights and 
        procedures for the prompt return of children who have 
        been wrongfully removed or retained, as well as for 
        securing the exercise of visitation rights. Children 
        who are wrongfully removed or retained within the 
        meaning of the Convention are to be promptly returned 
        unless one of narrow exceptions set forth in the 
        Convention applies. The Convention provides a sound 
        treaty framework to help resolve the problem of 
        international abduction and retention of children and 
        will deter such wrongful removals and retentions.
    (b) Declarations.--The Congress makes the following 
declarations:
          (1) It is the purpose of this Act to establish 
        procedures for the implementation of the Convention in 
        the United States.
          (2) The provisions of this Act are in addition to and 
        not in lieu of the provisions of the Convention.
          (3) In enacting this Act the Congress recognizes--
                  (A) the international character of the 
                Convention; and
                  (B) the need for uniform international 
                interpretation of the Convention.
          (4) The Convention and this Act empower courts in the 
        United States to determine only rights under the 
        Convention and not the merits of any underlying child 
        custody claims.

SEC. 3.\3\ DEFINITIONS.

    For the purpose of this Act--
---------------------------------------------------------------------------
    \3\ 42 U.S.C. 11602.
---------------------------------------------------------------------------
          (1) the term ``applicant'' means any person who, 
        pursuant to the Convention, files an application with 
        the United States Central Authority or a Central 
        Authority of any other party to the Convention for the 
        return of a child alleged to have been wrongfully 
        removed or retained or for arrangements for organizing 
        or securing the effective exercise of rights of access 
        pursuant to the Convention;
          (2) the term ``Convention'' means the Convention on 
        the Civil Aspects of International Child Abduction, 
        done at The Hague on October 25, 1980;
          (3) the term ``Parent Locator Service'' means the 
        service established by the Secretary of Health and 
        Human Services under section 453 of the Social Security 
        Act (42 U.S.C. 653);
          (4) the term ``petitioner'' means any person who, in 
        accordance with this Act, files a petition in court 
        seeking relief under the Convention;
          (5) The term ``person'' includes any individual, 
        institution, or other legal entity or body;
          (6) the term ``respondent'' means any person against 
        whose interests a petition is filed in court, in 
        accordance with this Act, which seeks relief under the 
        Convention;
          (7) the term ``rights of access'' means visitation 
        rights;
          (8) the term ``State'' means any of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States; and
          (9) the term ``United States Central Authority'' 
        means the agency of the Federal Government designated 
        by the President under section 7(a).

SEC. 4.\4\ JUDICIAL REMEDIES.

    (a) Jurisdiction of the Courts.--The courts of the States 
and the United States district courts shall have concurrent 
original jurisdiction of actions arising under the Convention.
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 11603.
---------------------------------------------------------------------------
    (b) Petitions.--Any person seeking to initiate judicial 
proceedings under the Convention for the return of a child or 
for arrangements for organizing or securing the effective 
exercise of rights of access to a child may do so by commencing 
a civil action by filing a petition for the relief sought in 
any court which has jurisdiction in the place where the child 
is located at the time the petition is filed.
    (c) Notice.--Notice of an action brought under subsection 
(b) shall be given in accordance with the applicable law 
governing notice in interstate child custody proceedings.
    (d) Determination of Case.--The court in which an action is 
brought under subsection (b) shall decide the case in 
accordance with the Convention.
    (e) Burdens of Proof.--(1) A petitioner in an action 
brought under subsection (b) shall establish by a preponderance 
of the evidence--
          (A) in the case of an action for the return of a 
        child, that the child has been wrongfully removed or 
        retained within the meaning of the Convention; and
          (B) in the case of an action for arrangements for 
        organizing or securing the effective exercise of rights 
        of access, that the petitioner has such rights.
    (2) In the case of an action for the return of a child, a 
respondent who opposes the return of the child has the burden 
of establishing--
          (A) by clear and convincing evidence that one of the 
        exceptions set forth in article 13b or 20 of the 
        Convention applies; and
          (B) by a preponderance of the evidence that any other 
        exception set forth in article 12 or 13 of the 
        Convention applies.
    (f) Application of the Convention.--For purposes of any 
action brought under this Act--
          (1) the term ``authorities'', as used in article 15 
        of the Convention to refer to the authorities of the 
        state of the habitual residence of a child, includes 
        courts and appropriate government agencies;
          (2) the terms ``wrongful removal or retention'' and 
        ``wrongfully removed or retained'', as used in the 
        Convention, include a removal or retention of a child 
        before the entry of a custody order regarding that 
        child; and
          (3) the term ``commencement of proceedings'', as used 
        in article 12 of the Convention, means, with respect to 
        the return of a child located in the United States, the 
        filing of a petition in accordance with subsection (b) 
        of this section.
    (g) Full Faith and Credit.--Full faith and credit shall be 
accorded by the courts of the States and the courts of the 
United States to the judgment of any other such court ordering 
or denying the return of a child, pursuant to the Convention, 
in an action brought under this Act.
    (h) Remedies Under the Convention Not Exclusive.--The 
remedies established by the Convention and this Act shall be in 
addition to remedies available under other laws or 
international agreements.

SEC. 5.\5\ PROVISIONAL REMEDIES.

    (a) Authority of Courts.--In furtherance of the objectives 
of article 7(b) and other provisions of the Convention, and 
subject to the provisions of subsection (b) of this section, 
any court exercising jurisdiction of an action brought under 
section 4(b) of this Act may take or cause to be taken measures 
under Federal or State law, as appropriate, to protect the 
well-being of the child involved or to prevent the child's 
further removal or concealment before the final disposition of 
the petition.
---------------------------------------------------------------------------
    \5\ 42 U.S.C. 11604.
---------------------------------------------------------------------------
    (b) Limitation on Authority.--No court exercising 
jurisdiction of an action brought under section 4(b) may, under 
subsection (a) of this section, order a child removed from a 
person having physical control of the child unless the 
applicable requirements of State law are satisfied.

SEC. 6.\6\ ADMISSIBILITY OF DOCUMENTS.

    With respect to any application to the United States 
Central Authority, or any petition to a court under section 4, 
which seeks relief under the Convention, or any other documents 
or information included with such application or petition or 
provided after such submission which relates to the application 
or petition, as the case may be, no authentication of such 
application, petition, document, or information shall be 
required in order for the application, petition, document, or 
information to be admissible in court.
---------------------------------------------------------------------------
    \6\ 42 U.S.C. 11605.
---------------------------------------------------------------------------

SEC. 7.\7\ UNITED STATES CENTRAL AUTHORITY.

    (a) Designation.--The President shall designate a Federal 
agency to serve as the Central Authority for the United States 
under the Convention.
---------------------------------------------------------------------------
    \7\ 42 U.S.C. 11606.
---------------------------------------------------------------------------
    (b) Functions.--The functions of the United States Central 
Authority are those ascribed to the Central Authority by the 
Convention and this Act.
    (c) Regulatory Authority.--The United States Central 
Authority is authorized to issue such regulations as may be 
necessary to carry out its function under the Convention and 
this Act.
    (d) Obtaining Information From Parent Locator Service.--The 
United States Central Authority may, to the extent authorized 
by the Social Security Act, obtain information from the Parent 
Locator Service.
    (e) \8\ Grant Authority.--The United States Central 
Authority is authorized to make grants to, or enter into 
contracts or agreements with, any individual, corporation, 
other Federal, State, or local agency, or private entity or 
organization in the United States for purposes of accomplishing 
its responsibilities under the Convention and this Act.
---------------------------------------------------------------------------
    \8\ Sec. 2213 of the Foreign Relations Authorization Act, Fiscal 
Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 
112 Stat. 2681-812) added subsec. (e).
---------------------------------------------------------------------------

SEC. 8.\9\ COSTS AND FEES.

    (a) Administrative Costs.--No department, agency, or 
instrumentality of the Federal Government or of any State or 
local government may impose on an applicant any fee in relation 
to the administrative processing of applications submitted 
under the Convention.
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 11607.
---------------------------------------------------------------------------
    (b) Costs Incurred in Civil Actions.--(1) Petitioners may 
be required to bear the costs of legal counsel or advisors, 
court costs incurred in connection with their petitions, and 
travel costs for the return of the child involved and any 
accompanying persons, except as provided in paragraphs (2) and 
(3).
    (2) Subject to paragraph (3), legal fees or court costs 
incurred in connection with an action brought under section 4 
shall be borne by the petitioner unless they are covered by 
payments from Federal, State, or local legal assistance or 
other programs.
    (3) Any court ordering the return of a child pursuant to an 
action brought under section 4 shall order the respondent to 
pay necessary expenses incurred by or on behalf of the 
petitioner, including court costs, legal fees, foster home or 
other care during the course of proceedings in the action, and 
transportation costs related to the return of the child, unless 
the respondent establishes that such order would be clearly 
inappropriate.

SEC. 9.\10\ COLLECTION, MAINTENANCE, AND DISSEMINATION OF INFORMATION.

    (a) In General.--In performing its functions under the 
Convention, the United States Central Authority may, under such 
conditions as the Central Authority prescribes by regulation, 
but subject to subsection (c), receive from or transmit to any 
department agency, or instrumentality of the Federal Government 
or of any State or foreign government, and receive from or 
transmit to any applicant, petitioner, or respondent, 
information necessary to locate a child or for the purpose of 
otherwise implementing the Convention with respect to a child, 
except that the United States Central Authority--
---------------------------------------------------------------------------
    \10\ 42 U.S.C. 11608.
---------------------------------------------------------------------------
          (1) may receive such information from a Federal or 
        State department, agency, or instrumentality only 
        pursuant to applicable Federal and State statues; and
          (2) may transmit any information received under this 
        subsection notwithstanding any provision of law other 
        than this Act.
    (b) Requests for Information.--Requests for information 
under this section shall be submitted in such manner and form 
as the United States Central Authority may prescribe by 
regulation and shall be accompanied or supported by such 
documents as the United States Central Authority may require.
    (c) Responsibility of Government Entities.--Whenever any 
department, agency, or instrumentality of the United States or 
of any State receives a request from the United States Central 
Authority for information authorized to be provided to such 
Central Authority under subsection (a), the head of such 
department, agency, or instrumentality shall promptly cause a 
search to be made of the files and records maintained by such 
department, agency, or instrumentality in order to determine 
whether the information requested is contained in any such 
files or records. If such search discloses the information 
requested, the head of such department, agency, or 
instrumentality shall immediately transmit such information to 
the United States Central Authority, except that any such 
information the disclosure of which--
          (1) would adversely affect the national security 
        interests of the United States or the law enforcement 
        interests of the United States or of any State; or
          (2) would be prohibited by section 9 of title 13, 
        United States Code;
shall not be transmitted to the Central Authority. The head of 
such department, agency, or instrumentality shall, immediately 
upon completion of the requested search, notify the Central 
Authority of the results of the search, and whether an 
exception set forth in paragraph (1) or (2) applies. In the 
event that the United States Central Authority receives 
information and the appropriate Federal or State department, 
agency, or instrumentality thereafter notifies the Central 
Authority that an exception set forth in paragraph (1) or (2) 
applies to that information, the Central Authority may not 
disclose that information under subsection (a).
    (d) Information Available From Parent Locator Service.--To 
the extent that information which the United States Central 
Authority is authorized to obtain under the provisions of 
subsection (c) can be obtained through the Parent Locator 
Service, the United States Central Authority shall first seek 
to obtain such information from the Parent Locator Service, 
before requesting such information directly under the 
provisions of subsection (c) of this section.
    (e) Recordkeeping.--The United States Central Authority 
shall maintain appropriate records concerning its activities 
and the disposition of cases brought to its attention.

SEC. 10.\11\ INTERAGENCY COORDINATING GROUP.

    The Secretary of State, the Secretary of Health and Human 
Services, and the Attorney General shall designate Federal 
employees and may, from time to time, designate private 
citizens to serve on an interagency coordinating group to 
monitor the operation of the Convention and to provide advice 
on its implementation tot he United States Central Authority 
and other Federal agencies. This group shall meet from time to 
time at the request of the United States Central Authority. The 
agency in which the United States Central Authority is located 
is authorized to reimburse such private citizens for travel and 
other expenses incurred in participating at meetings of the 
interagency coordinating group at rates not to exceed those 
authorized under subchapter I of chapter 57 of title 5, United 
States Code, for employees of agencies.
---------------------------------------------------------------------------
    \11\ 42 U.S.C. 11609.
    \12\ Sec. 11 amended sec. 463 of the Social Security Act (42 U.S.C. 
663).
---------------------------------------------------------------------------

SEC. 11.\12\ AGREEMENT FOR USE OF PARENT LOCATOR SERVICE IN DETERMINING 
                    WHEREABOUTS OF PARENT OR CHILD. * * *

SEC. 12.\13\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal 
year such sums as may be necessary to carry out the purpose of 
the Convention and this Act.
---------------------------------------------------------------------------
    \13\ 42 U.S.C. 11610.
   d. Relating to the Implementation of the Convention on the Civil 
                Aspects of International Child Abduction

Executive Order 12648, August 11, 1988, 53 F.R. 30637, 42 U.S.C. 11606 
                                  note

    The United States of America deposited its instrument of 
ratification of the Hague Convention on the Civil Aspects of 
International Child Abduction (``Convention') on April 29, 
1988. The Convention entered into force for the United States 
on July 1, 1988. Article 6 of the Convention imposes upon 
Contracting States an obligation to designate a ``Central 
Authority'' for the purpose of discharging certain specified 
functions.
    In order that the Government of the United States of 
America may give full and complete effect to the Convention, 
and pursuant to section 7 of the International Child Abduction 
Remedies Act, Public Law 100-300 (1988), it is expedient and 
necessary that I designate a Central Authority within the 
Executive branch of said Government:
    NOW THEREFORE, by virtue of the authority vested in me as 
President by the Constitution and the laws of the United 
States, including section 301 of Title 3 of the United States 
Code and section 7 of the International Child Abduction 
Remedies Act, it is ordered as follows:
    Section 1. Designation of Central Authority. The Department 
of State is hereby designated as the Central Authority of the 
United States for purposes of the Hague Convention on the Civil 
Aspects of International Child Abduction. The Secretary of 
State is hereby authorized and empowered, in accordance with 
such regulations as he may prescribe, to perform all lawful 
acts that may be necessary and proper in order to execute the 
functions of the Central Authority in a timely and efficient 
manner.
                       e. Child Health Revolution

Public Law 98-198 [S.J. Res. 111], 97 Stat. 1355, approved December 1, 
                                  1983

 JOINT RESOLUTION Expressing the sense of the Congress with respect to 
     international efforts to further a revolution in child health.

Whereas the report entitled ``State of the World's Children, 
    1982-83'' of the United Nations Children's Fund (hereafter 
    in this joint resolution referred to as ``UNICEF'') offers 
    unprecedented hope for a ``revolution in child health'' 
    which could save the lives of up to twenty thousand of the 
    forty thousand children who perish daily around the world 
    from malnutrition and disease;
Whereas the techniques involved in this health revolution 
    including oral rehydration home treatment, low-cost 
    vaccines which do not require refrigeration, promotion of 
    breast-feeding, and use of child growth charts to detect 
    malnutrition, are estimated to cost only a few dollars per 
    child;
Whereas this UNICEF report and the activities of UNICEF have 
    been widely acclaimed by the Secretary General of the 
    United Nations and the heads of the governments of such 
    countries as the United Kingdom, France, Sweden, India, and 
    Pakistan; and
Whereas the President of the United States on April 18, 1983, 
    has issued a statement endorsing this health revolution for 
    children and calling on the cooperation of United States 
    Government agencies with international organizations and 
    agencies associated in this effort: Now, therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That it is the 
sense of the Congress that--
          (1) the techniques articulated by UNICEF in its 
        report entitled ``The State of the World's Children, 
        1982-1983'' represent an unprecedented low-cost 
        opportunity to significantly reduce child mortality and 
        morbidity throughout the world, and have the full 
        support and encouragement of the Congress at a time of 
        economic difficulty and constriction for all countries;
          (2) the President be commended for taking steps to 
        promote, encourage, and undertake activities to further 
        the objectives of the child health revolution and for 
        directing all appropriate United States Government 
        agencies, including the Department of State, the Agency 
        for International Development, and the Department of 
        Health and Human Services to support and cooperate with 
        UNICEF, the World Health Organization, the United 
        Nations Development Program, and other international 
        financial and assistance agencies participating in 
        fostering this child health revolution; and
          (3) other public and private organizations involved 
        in health, education, finance, labor, communications, 
        and humanitarian assistance should cooperate with and 
        support the efforts of the United States to further the 
        objectives of the child health revolution.
                               Appendix I


          Note.--Appendix I lists Public Laws included in 
        Legislation on Foreign Relations Through 2000, either 
        as freestanding law or in amendments, arranged by 
        Public Law number with corresponding short title or 
        popular name.




 
------------------------------------------------------------------------
Public Law
    No.                              Short Title
------------------------------------------------------------------------
106-570     Assistance for International Malaria Control Act
106-570     International Malaria Control Act (title I)
106-570     United States-Macau Policy Act of 2000 (title II)
106-570     Pacific Charter Commission Act of 2000 (title IV)
106-570     Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
106-567     Intelligence Authorization Act for Fiscal Year 2001
106-567     Japanese Imperial Government Disclosure Act of 2000 (title
             VIII)
106-557     Shark Finning Prohibition Act
106-555     Striped Bass Conservation, Atlantic Coastal Fisheries
             Management and Marine Mammal Rescue Assistance Act of 2000
106-554     Consolidated Appropriations Act, 2001
106-554     Vietnam Education Foundation Act of 2000 (title II)
106-553     Department of State and Related Agency Appropriations Act,
             2001
106-531     Reports Consolidation Act of 2000
106-484     Bring Them Home Alive Act of 2000
106-476     Tariff Suspension and Trade Act of 2000
106-450     Yukon River Salmon Act of 2000
106-429     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2001
106-411     Great Ape Conservation Act of 2000
106-387     Agriculture, Rural Development, Food and Drug
             Administration, and Related Agencies Appropriations Act,
             2001
106-387     Trade Sanctions Reform and Export Enhancement Act of 2000
             (title IX)
106-398     Floyd D. Spence National Defense Authorization Act for
             Fiscal Year 2001
106-386     Victims of Trafficking and Violence Protection Act of 2000
106-386     Trafficking Victims Protection Act of 2000 (division A)
106-373     Famine Prevention and Freedom From Hunger Improvement Act of
             2000
106-346     National Terrorist Asset Trading Center
106-309     Microenterprise for Self-Reliance and International Anti-
             Corruption Act of 2000
106-309     Microenterprise for Self-Reliance Act of 2000 (title I)
106-309     International Anti-Corrpution and Good Governance Act of
             2000 (title II)
106-309     International Academic Opportunities Act of 2000 (title III)
106-309     Support for Overseas Cooperative Development Act (sec. 401)
106-309     Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
106-291     Department of the Interior and Related Agencies
             Appropriations Act, 2001
106-286     U.S.-China Relations Act of 2000
106-280     Security Assistance Act of 2000
106-279     Intercountry Adoption Act of 2000
106-264     Global AIDS and Tuberculosis Relief Act of 2000
106-264     Global AIDS Research and Relief Act of 2000 (title I)
106-264     International Tuberculosis Control Act of 2000 (title II)
106-259     Department of Defense Appropriations Act, 2001
106-256     Oceans Act of 2000
106-247     Neotropical Migratory Bird Conservation Act
106-246     Emergency Supplemental Act, 2000
106-212     American Institute in Taiwan Facilities Enhancement Act
106-200     Trade and Development Act of 2000
106-200     African Growth and Opportunity Act (title I)
106-200     U.S.-Caribbean Basin Trade Partnership Act (title II)
106-178     Iran Nonproliferation Act of 2000
106-158     Export Enhancement Act of 1999
106-120     Intelligence Authorization Act for Fiscal Year 2000
106-120     Foreign Narcotics Kingpin Designation Act (title VIII)
106-113     Consolidated Appropriations, Fiscal Year 2000
106-113     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 2000 (H.R. 3421,
             enacted by reference)
106-113     Department of State and Related Agency Appropriations Act,
             2000 (title IV, H.R. 3421, enacted by reference)
106-113     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2000 (H.R. 3422, enacted by reference)
106-113     Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
             by reference)
106-113     Miscellaneous Appropriations, 2000 (H.R. 3425, enacted by
             reference)
106-113     Admiral James W. Nance and Meg Donovan Foreign Relations
             Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
             enacted by reference)
106-113     Secure Embassy Construction and Counterterrorism Act of 1999
             (title VI, division A, H.R. 3427, enacted by reference)
106-113     North Korea Threat Reduction Act of 1999 (subtitle B, title
             VIII, division A, H.R. 3427, enacted by reference)
106-113     United Nations Reform Act of 1999 (title IX, division A,
             H.R. 3427, enacted by reference)
106-113     Arms Control, Nonproliferation, and Security Assistance Act
             of 1999 (division B, H.R. 3427, enacted by reference)
106-113     Arms Control and Nonproliferation Act of 1999 (title XI,
             division B, H.R. 3427, enacted by reference)
106-113     National Security and Corporate Fairness under the
             Biological Weapons Convention Act (chapter 2, subtitle A,
             title XI, division B, H.R. 3427, enacted by reference)
106-113     Security Assistance Act of 1999 (title XII, H.R. 3427,
             enacted by reference)
106-113     Defense Offsets Disclosure Act of 1999 (subtitle D, title
             XII, H.R. 3427, enacted by reference)
106-113     Proliferation Prevention Enhancement Act of 1999 (subtitle
             E, title XII, H.R. 3427, enacted by reference)
106-113     International Arms Sales Code of Conduct Act of 1999
             (subtitle F, title XII, H.R. 3427, enacted by reference)
106-108     Arctic Tundra Habitat Emergency Conservation Act
106-87      Torture Victims Relief Reauthorization Act of 1999
106-79      Department of Defense Appropriations Act, 2000
106-65      National Defense Authorization Act for Fiscal Year 2000
106-65      Panama Canal Commission Authorization Act for Fiscal Year
             2000 (title XXXV)
106-38      National Missile Defense Act of 1999
106-36      Miscellaneous Trade and Technical Corrections Act of 1999
106-35      Western Hemisphere Drug Elimination Technical Corrections
             Act
106-31      1999 Emergency Supplemental Appropriations Act
106-30      Peace Corps Reauthorization
105-385     Africa: Seeds of Hope Act of 1998
105-384     Governing International Fisheries Agreement with Poland
105-382     Department of State Special Agents Retirement Act of 1998
105-366     International Anti-Bribery and Fair Competition Act of 1998
105-362     Federal Reports Elimination Act of 1998
105-338     Iraq Liberation Act of 1998
105-323     Extradition Treaties Interpretation Act of 1998
105-319     Irish Peace Process Cultural and Training Program Act of
             1998
105-312     Rhinoceros and Tiger Conservation Act of 1998
105-303     Commercial Space Act of 1998
105-292     International Religious Freedom Act of 1998
105-277     Omnibus Consolidated and Emergency Supplemental
             Appropriations Act for Fiscal Year 1999
105-277     Department of State and Related Agencies Appropriations Act,
             1999 (sec. 101(b))
105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
             A, sec. 101(h), title IX)
105-277     Trade Deficit Review Commission Act (division A, sec. 127)
105-277     Office of National Drug Control Policy Reauthorization Act
             of 1998 (division C, title VII)
105-277     Western Hemisphere Drug Elimination Act (division C, title
             VIII)
105-277     Foreign Affairs Reform and Restructuring Act of 1998
             (division G)
105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
             G, subdivision A)
105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
             1999 (division G, subdivision B)
105-277     United Nations Reform Act of 1998 (division G, subdivision
             C)
105-277     European Security Act of 1998 (division G, title XXVII)
105-277     Chemical Weapons Convention Implementation Act of 1998
             (division I)
105-262     Department of Defense Appropriations Act, 1999
105-261     Strom Thurmond National Defense Authorization Act for Fiscal
             Year 1999
105-261     Defense Against Weapons of Mass Destruction Act of 1998
             (title XIV)
105-261     Panama Canal Commission Authorization Act for Fiscal Year
             1999 (title XXXV)
105-261     Radio Free Asia Act of 1998 (title XXXIX)
105-246     Nazi War Crimes Disclosure Act
105-235     Finding the Government of Iraq in Unacceptable and Material
             Breach of Its International Obligations
105-217     African Elephant Conservation Reauthorization Act of 1998
105-194     Agriculture Export Relief Act of 1998
105-186     U.S. Holocaust Assets Commission Act of 1998
105-174     1998 Supplemental Appropriations and Rescissions Act
105-173     International Parental Kidnapping Crime Act
105-158     Holocaust Victims Redress Act
105-119     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1998
105-119     Department of State Appropriations Act, 1998
105-107     Intelligence Authorization Act for Fiscal Year 1998
105-100     Nicaraguan Adjustment and Central American Relief Act (title
             II)
105-96      Asian Elephant Conservation Act of 1997
105-85      National Defense Authorization Act for Fiscal Year 1998
105-42      International Dolphin Conservation Program Act
104-319     Human Rights, Refugee, and Other Foreign Relations
             Provisions Act of 1996
104-309     Records Relating to Nazi War Crimes
104-297     Sustainable Fisheries Act
104-293     Intelligence Authorization Act for Fiscal Year 1997
104-293     Combatting Proliferation of Weapons of Mass Destruction Act
             of 1996 (title VII)
104-269     Release of USIA Materials: VOA, Radio Marti Recordings
104-264     Federal Aviation Reauthorization Act of 1996
104-227     Antarctic Science, Tourism, and Conservation Act of 1996
104-208     Omnibus Consolidated Appropriations for Fiscal Year 1997
104-208     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1997 (title I, sec. 101(c))
104-203     Most-Favored-Nation Treatment for Cambodia
104-201     National Defense Authorization Act for Fiscal Year 1997
104-201     Defense Against Weapons of Mass Destruction Act of 1996
             (title XIV)
104-201     Panama Canal Commission Authorization Act for Fiscal Year
             1997 (title XXXV, subtitle A)
104-201     Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
104-172     Iran and Libya Sanctions Act of 1996
104-171     Most-Favored-Nation Treatment for Romania
104-164     Miscellaneous Amendments and Authorization--FYs 1996 and
             1997
104-162     Most-Favored-Nation Treatment for People's Republic of
             Bulgaria
104-161     Release of USIA Materials: ``Fragile Ring of Life''
104-132     Antiterrorism and Effective Death Penalty Act of 1996
104-127     Federal Agriculture Improvement and Reform Act of 1996
104-114     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
             1996
104-107     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1996
104-106     National Defense Authorization Act for Fiscal Year 1996
104-106     Ballistic Missile Defense Act of 1995 (title II, subtitle C)
104-93      Intelligence Authorization Act for Fiscal Year 1996
104-72      Au Pair Extension
104-66      Federal Reports Elimination and Sunset Act of 1995
104-45      Jerusalem Embassy Act of 1995
104-43      Fisheries Act of 1995
104-43      High Seas Fishing Compliance Act of 1995 (title I)
104-43      Northwest Atlantic Fisheries Convention Act of 1995 (title
             II)
104-43      Atlantic Tunas Convention Act of 1995 (title III)
104-43      Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
104-43      High Seas Driftnet Fishing Moratorium Protection Act (title
             VI)
104-43      Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
             Year 1997
104-6       Emergency Supplemental Appropriations and Rescissions for
             the Department of Defense to Preserve and Enhance Military
             Readiness Act of 1995
104-6       Mexican Debt Disclosure Act of 1995 (title IV)
103-465     Uruguay Rounds Agreements Act
103-465     Export Enhancement Program Amendments of 1994 (title IV,
             subtitle A, part II, sec. 411(a))
103-447     International Narcotics Control Corrections Act of 1994
103-447     NATO Participation Act of 1994 (title II)
103-423     United States Policy Toward Haiti
103-416     Visa for Officials of Taiwan
103-392     Jobs Through Trade Expansion Act of 1994
103-391     Rhinoceros and Tiger Conservation Act of 1994
103-381     African Conflict Resolution Act
103-372     To Provide for an Investigation of the Whereabouts of U.S.
             Citizens Missing From Cyprus Since 1974
103-337     National Defense Authorization Act for Fiscal Year 1995
103-306     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1995
103-294     Helsinki Human Rights Day
103-236     Foreign Relations Authorization Act, Fiscal Years 1994 and
             1995
103-236     Mike Mansfield Fellowship Act (title II, part C)
103-236     United States International Broadcasting Act of 1994 (title
             III)
103-236     Spoils of War Act of 1994 (title V, part B)
103-236     Anti-Economic Discrimination Act of 1994 (title V, part C)
103-236     Cambodian Genocide Justice Act (title V, part D)
103-236     Middle East Peace Facilitation Act of 1994 (title V, part E)
103-236     Arms Control and Nonproliferation Act of 1994 (title VII,
             part A)
103-236     Nuclear Proliferation Prevention Act of 1994 (title VIII)
103-236     Protection and Reduction of Government Secrecy Act (title
             IX)
103-206     Coast Guard Authorization Act of 1993
103-199     Act For Reform in Emerging New Democracies and Support and
             Help for Improved Partnership with Russia, Ukraine, and
             Other New Independent States (FRIENDSHIP Act)
103-182     North American Free Trade Agreement Implementation Act
103-160     National Defense Authorization Act for Fiscal Year 1994
103-160     Cooperative Threat Reduction Act of 1993 (title XII)
103-160     Defense Conversion, Reinvestment, and Transition Assistance
             Amendments of 1993 (title XIII)
103-160     National Shipbuilding and Shipyard Conversion Act of 1993
             (title XIII, subtitle D)
103-160     Panama Canal Commission Authorization Act for Fiscal Year
             1994 (title XXXV)
103-158     Act to Honor the Victims of the Bombing of Panam Flight 103
103-149     South African Democratic Transition Support Act of 1993
103-133     Nondiscriminatory Treatment Toward Products of Romania
103-125     Middle East Peace Facilitation Act of 1993
102-588     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1993
102-587     Oceans Act of 1992
102-587     North Pacific Anadromous Stocks Convention Act of 1992
             (title VIII)
102-582     High Seas Driftnet Fisheries Enforcement Act
102-582     Central Bering Sea Fisheries Enforcement Act of 1992 (title
             III)
102-567     North Pacific Anadromous Stocks Act of 1992 (title VIII)
102-565     Peace Corps Authorization for Fiscal Year 1993
102-549     Jobs Through Exports Act of 1992
102-549     Aid, Trade, and Competitiveness Act of 1992 (title III)
102-549     Enterprise for the Americas Act of 1992 (title VI)
102-532     Enterprise for the Americas Initiative Act of 1992
102-523     International Dolphin Conservation Act of 1992
102-511     Freedom for Russia and Emerging Eurasian Democracies and
             Open Markets Support Act of 1992 (FREEDOM Support Act)
102-509     Soviet Scientists Immigration Act of 1992
102-486     Energy Policy Act of 1992
102-484     National Defense Authorization Act for Fiscal Year 1993
102-484     Former Soviet Union Demilitarization Act of 1992 (title XIV)
102-484     Weapons of Mass Destruction Control Act of 1992 (title XV)
102-484     Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
102-484     Cuban Democracy Act of 1992 (title XVII)
102-484     Panama Canal Commission Authorization Act for Fiscal Year
             1993 (title XXXV)
102-454     Distribution of USIA Materials
102-450     Asian/Pacific American Heritage Month--Designation
102-429     Export Enhancement Act of 1992
102-420     Withdrawal of MFN From Serbia and Montenegro
102-404     Chinese Student Protection Act of 1992
102-396     Department of Defense Appropriations Act, 1993
102-391     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1993
102-383     United States-Hong Kong Policy Act of 1992
102-372     Tourism Policy and Export Promotion Act of 1992
102-363     Nondiscriminatory Treatment Toward Products of Albania
102-311     International Peacekeeping Act of 1992
102-274     Horn of Africa Recovery and Food Security Act
102-270     Peace Process in Liberia
102-256     Torture Victim Protection Act of 1991
102-247     Omnibus Insular Areas Act of 1992
102-237     Food, Agriculture, Conservation, and Trade Act Amendments of
             1991
102-228     Conventional Forces in Europe Treaty Implementation Act of
             1991
102-228     Soviet Nuclear Threat Reduction Act of 1991 (title II)
102-197     Most-Favored Nation Treatment for the Union of Soviet
             Socialist Republics
102-195     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1992
102-190     National Defense Authorization Act for Fiscal Years 1992 and
             1993
102-190     Missile Defense Act of 1991 (title II, part C)
102-190     Panama Canal Commission Authorization Act for Fiscal Year
             1992 (title XXXV)
102-183     David L. Boren National Security Education Act of 1991
             (title VIII)
102-182     Termination of Trade Restrictions to Czechoslovakia and
             Hungary
102-182     Andean Trade Preference Act (title II)
102-182     Chemical and Biological Weapons Control and Warfare
             Elimination Act of 1991 (title III)
102-158     Most-Favored Nation Treatment for People's Republic of
             Bulgaria
102-157     Most-Favored Nation Treatment for Mongolian People's
             Republic
102-138     Foreign Relations Authorization Act, Fiscal Years 1992 and
             1993
102-138     Dante B. Fascell North-South Center Act of 1991 (sec. 208)
102-21      Emergency Supplemental Assistance for Israel Act of 1991
102-20      Foreign Relations Persian Gulf Conflict Emergency
             Supplemental Authorization Act, Fiscal Year 1991
102-1       Authorization for Use of U.S. Armed Forces Pursuant to U.N.
             Security Council Resolution 678
101-649     Immigration Act of 1990
101-647     Crime Control Act of 1990
101-646     Nonindigenous Aquatic Nuisance Prevention and Control Act of
             1990
101-627     Fishery Conservation Amendments of 1990
101-627     Dolphin Protection Consumer Information Act (title IX)
101-624     Food, Agriculture, Conservation, and Trade Act of 1990
101-624     Agricultural Development and Trade Act of 1990 (title XV)
101-624     Global Climate Change Prevention Act of 1990 (title XXIV)
101-623     International Narcotics Control Act of 1990
101-620     Protection of Antarctica
101-611     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1991
101-610     National and Community Service Act of 1990
101-606     Global Change Research Act of 1990
101-606     International Cooperation in Global Change Research Act of
             1990 (title II)
101-604     Aviation Security Improvement Act of 1990
101-594     Antarctic Protection Act of 1990
101-549     Clean Air Act Amendments
101-541     Most-Favored-Nation Treatment for Czechoslovakia
101-533     Foreign Direct Investment and International Financial Date
             Improvements Act of 1990
101-513     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act 1991
101-513     European Bank for Reconstruction and Development Act (sec.
             562(c))
101-513     Iraq Sanctions Act of 1990 (secs. 586-586J)
101-513     International Forestry Cooperation Act of 1990 (title VI)
101-511     Department of Defense Appropriations Act, 1991
101-510     National Defense Authorization Act for Fiscal Year 1991
101-510     Panama Canal Commission Authorization Act for Fiscal Year
             1991 (title XXXV)
101-508     Omnibus Budget Reconciliation Act of 1990
101-508     Budget Enforcement Act of 1990 (title XIII)
101-454     Eisenhower Exchange Fellowship Act of 1990
101-454     Fascell Fellowship Amendments Act of 1990 (sec. 9)
101-438     Rio Grande American Canal Extension Act of 1990
101-382     Customs and Trade Act of 1990
101-382     Caribbean Basin Economic Recovery Expansion Act of 1990
             (title II)
101-382     Forest Resources Conservation and Shortage Relief Act of
             1990 (title IV)
101-380     Oil Pollution Act of 1990
101-328     National Space Council Authorization Act of 1990
101-298     Biological Weapons Anti-Terrorism Act of 1989
101-246     Foreign Relations Authorization Act, Fiscal Years 1990 and
             1991
101-246     PLO Commitments Compliance Act of 1989 (title VIII)
101-243     Urgent Assistance for Democracy in Panama Act of 1990
101-240     International Development and Finance Act of 1989
101-240     Foreign Debt Reserving Act of 1989 (title IV)
101-240     Global Environmental Protection Assistance Act of 1989
             (title VII)
101-231     International Narcotics Control Act of 1989
101-219     Implementation of Compact of Free Association With Palau
101-216     Arms Control and Disarmament Amendments Act of 1989
101-215     Survival Assistance for Victims of Civil Strife in Central
             America
101-189     National Defense Authorization Act for Fiscal Years 1990 and
             1991
101-179     Support for East European Democracy (SEED) Act of 1989
101-167     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1990
101-162     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1990
101-62      Implementing Agreement for Vienna Convention on Diplomatic
             Relations
100-690     International Narcotics Control Act of 1988 (title IV)
100-685     National Aeronautics and Space Administration Authorization
             Act, Fiscal Year 1989
100-629     U.S.-U.S.S.R. Fishing Agreement
100-576     Bangladesh Disaster Assistance Act of 1988
100-530     International Cooperation to Protect Biological Diversity
100-478     African Elephant Conservation Act (title II)
100-465     Rio Grande Pollution Correction Act of 1987
100-463     Department of Defense Appropriations Act, 1989
100-461     Overseas Private Investment Corporation Amendments Act of
             1988 (H.R. 5263, enacted by reference)
100-461     Miscellaneous International Affairs Authorization Act of
             1988 (S. 2757, enacted by reference)
100-456     National Defense Authorization Act, Fiscal Year 1989
100-449     United States-Canada Free Trade Agreement Implementation Act
             of 1988
100-418     Omnibus Trade and Competitiveness Act of 1988
100-418     Telecommunications Trade Act of 1988 (title I, subtitle C,
             part 4)
100-418     Export Enhancement Act 1988 (title II)
100-418     Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
             part II)
100-418     American Aid to Poland Act of 1988 (title II, subtitle B,
             part II)
100-418     Multilateral Export Control Enhancement Amendments Act
             (title II, subtitle D, part II)
100-418     Exchange Rates and International Economic Policy
             Coordination Act of 1988 (title III, subtitle A)
100-418     International Debt Management Act of 1988 (title III,
             subtitle B)
100-418     Multilateral Development Banks Procurement Act (title III,
             subtitle C)
100-418     Export-Import Bank and Tied Aid Credit Amendments of 1988
             (title III, subtitle D)
100-418     Primary Dealers Act of 1988 (title III, subtitle F)
100-418     Financial Reports Act of 1988 (title III, subtitle G)
100-418     Agricultural Competitiveness and Trade Act of 1988 (title
             IV)
100-418     Pesticide Monitoring Improvements Act of 1988 (title IV,
             subtitle G)
100-418     Foreign Corrupt Practices Act Amendments of 1988 (title V,
             subtitle A, part I)
100-418     Competitiveness Policy Council Act (title V, part I,
             subtitle C)
100-418     Small Business International Trade and Competitiveness Act
             (title VII)
100-418     Foreign Shipping Practices Act of 1988 (title X)
100-393     Dire Emergency Supplemental Appropriations Act, 1988
100-373     International Energy Emergency Authorities: Extension
100-350     German Democratic Republic Fishery Agreement
100-330     South Pacific Tuna Act of 1988
100-300     International Child Abduction Remedies Act
100-276     Central American Peace Assistance
100-220     United States-Japan Fishery Agreement Approval Act of 1987
100-220     Driftnet Impact Monitoring, Assessment, and Control Act of
             1987 (title IV)
100-213     Arms Control and Disarmament Amendments Act of 1987
100-204     Foreign Relations Authorization Act, Fiscal Years 1988 and
             1989
100-204     United States Information Agency Authorization Act, Fiscal
             Years 1988 and 1989 (title II)
100-204     Board for International Broadcasting Authorization Act,
             Fiscal Years 1988 and 1989 (title V)
100-204     Anti-Terrorism Act of 1987 (title X)
100-204     Global Climate Protection Act of 1987 (title XI)
100-202     Continuing Appropriations, Fiscal Year 1988
100-202     Department of State Appropriations Act, 1988 (sec. 101(a),
             title III)
100-202     Cuban Political Prisoners and Immigrants (sec. 101(a), title
             VII)
100-202     Indochinese Refugee and Resettlement Act of 1987 (sec.
             101(a), title VIII)
100-202     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1988 (sec. 101(e))
100-202     Multilateral Investment Guarantee Agency Act (sec. 101(e),
             H.R. 3570, enacted by reference, title IV)
100-180     National Defense Authorization Act for Fiscal Years 1988 and
             1989
100-147     National Aeronautics and Space Administration Authorization
             Act of 1988
100-113     Federal Triangle Development Act
100-66      United States-Korea Fishery Agreement
99-661      National Defense Authorization Act, Fiscal Year 1987
99-661      Department of Defense Authorization Act, 1987 (Division A)
99-658      Approval of the Compact of Free Association With the
             Government of Palau
99-630      Humpback Whales Wildlife Sanctuary (West Indies)
99-603      Immigration Reform and Control Act of 1986
99-570      International Narcotics Control Act of 1986 (title II)
99-529      Special Foreign Assistance Act of 1986
99-513      R.M.S. Titanic Maritime Memorial Act of 1986
99-498      Higher Education Amendments of 1986
99-475      Release of USIA Materials to Museums
99-472      Export-Import Bank Act Amendments of 1986
99-415      Anglo-Irish Agreement Support Act of 1986
99-399      Omnibus Diplomatic Security and Antiterrorism Act of 1986
99-399      Diplomatic Security Act (titles I-IV)
99-399      Victims of Terrorism Compensation Act (title VIII)
99-399      International Maritime and Port Security Act (title IX)
99-399      Fascell Fellowship Act (title X)
99-239      Compact of Free Association Act of 1985
99-198      Food Security Act of 1985
99-198      Food for Progress Act of 1985 (sec. 1110)
99-190      Further Continuing Appropriations, 1985
99-190      Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
             2253, enacted by reference)
99-180      Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1986
99-177      Balanced Budget and Emergency Deficit Control Act of 1985
             [Gramm-Rudman-Hollings Act]
99-162      Sales of Arms to Jordan
99-145      Department of Defense Authorization Act, 1986
99-93       Foreign Relations Authorization Act, Fiscal Years 1986 and
             1987
99-93       United States Information Agency Authorization Act, Fiscal
             Years 1986 and 1987 (title II)
99-93       Board for International Broadcasting Authorization Act,
             Fiscal Years 1986 and 1987 (title III)
99-93       Iran Claims Settlement (title V)
99-93       United States Scholarship Program for Developing Countries
             Authorization, Fiscal Years 1986 & 1987 (title VI)
99-93       Arms Control and Disarmament Act Authorization for Fiscal
             Years 1986 and 1987 (title VII)
99-88       Supplemental Appropriations Act, 1985
99-88       Jordan Supplemental Economic Assistance Authorization Act of
             1985 (title IV)
99-85       Authorization for an Improved U.S./Soviet Direct
             Communications Link
99-83       International Security and Development Cooperation Act of
             1985
99-83       International Narcotics Control Act of 1985 (title VI)
99-83       Peace Corps Authorization for Fiscal Years 1986 and 1987
             (title XI)
99-64       Export Administration Amendments Act of 1985
99-47       United States-Israel Free Trade Area Implementation Act of
             1985
 99-8       African Famine Relief and Recovery Act of 1985
 99-5       Pacific Salmon Treaty Act of 1985
98-623      Governing International Fishery Agreements With Iceland and
             the European Economic Community (title I)
98-623      Antarctic Marine Living Resources Convention Act of 1984
             (title III)
98-618      Intelligence Authorization Act for Fiscal Year 1985
98-573      Trade and Tariff Act of 1984
98-573      International Trade and Investment Act (title III)
98-573      Generalized System of Preferences Renewal Act of 1984 (title
             V)
98-573      Steel Import Stabilization Act (title VIII)
98-573      Wine Equity and Export Expansion Act of 1984 (title IX)
98-562      Cooperative East-West Ventures in Space
98-533      1984 Act to Combat International Terrorism
98-525      Department of Defense Authorization Act, 1985
98-525      United States Institute for Peace Act (title XVII)
98-473      Continuing Appropriations, 1985
98-473      Inter-American Investment Corporation Act (title II, S.
             2416, enacted by reference)
98-473      President's Emergency Food Assistance Act of 1984 (title
             III)
98-447      United States Government Opposition to the Practice of
             Torture
98-445      Eastern Pacific Tuna Licensing Act of 1984
98-373      Arctic Research and Policy Act of 1984 (title I)
98-373      National Critical Materials Act of 1984 (title II)
98-266      Clement J. Zablocki Memorial Outpatient Facility, American
             Children's Hospital, Krakow, Poland
98-258      Agricultural Programs Adjustment Act of 1984
98-258      Agricultural Exports (title V)
98-198      Child Health Revolution
98-181      Supplemental Appropriations Act, 1984
98-181      Trade and Development Enhancement Act of 1983 (title VI,
             part C)
98-181      International Lending Supervision Act of 1983 (title IX)
98-181      Multilateral Development Banks: Sense of Congress (title X)
98-164      Department of State Authorization Act, Fiscal Years 1984 and
             1985 (titles I, X)
98-164      United States Information Agency Authorization Act, Fiscal
             Years 1984 and 1985 (title II)
98-164      Board for International Broadcasting Authorization Act,
             Fiscal Years 1984 and 1985 (title III)
98-164      Asia Foundation Act (title IV)
98-164      National Endowment for Democracy Act (title V)
98-164      Foreign Missions Amendments Act (title VI)
98-164      International Environmental Protection Act of 1983 (title
             VII)
98-164      Research and Training for Eastern Europe and the Independent
             States of the Former Soviet Union Act of 1983 (title VIII)
98-164      United States-India Fund for Cultural, Educational, and
             Scientific Cooperation Act (title IX)
98-151      Continuing Resolution, 1984
98-151      Foreign Assistance and Related Programs Appropriations Act,
             1984 (sec. 101(b)(1))
98-151      International Security and Development Assistance
             Authorization Act of 1983 (sec. 101(b)(2))
98-119      Multinational Force in Lebanon Resolution
98-111      Radio Broadcasting to Cuba Act
98-94       Department of Defense Authorization Act, 1984
98-67       Caribbean Basin Economic Recovery Act (title II)
98-43       Lebanon Emergency Assistance Act of 1983
97-446      Convention on Cultural Property Implementation Act (title
             III)
97-425      Nuclear Waste Policy Act of 1982
97-418      Protection of Foreign Missions
97-389      Fisheries Amendments of 1982
97-389      Atlantic Salmon Convention Act of 1982 (title III)
97-389      Governing International Fishery Agreements with Japan and
             Spain (title IV)
97-325      International Carriage of Perishable Foodstuffs Act
97-290      Export Trading Company Act of 1982 (title I)
97-290      Bank Export Services Act (title II)
97-252      Department of Defense Authorization Act, 1983
97-241      Department of State Authorization Act, Fiscal Years 1982 and
             1983
97-241      Foreign Missions Act (title II)
97-241      United States Information Agency Authorization Act, Fiscal
             Years 1982 and 1983 (title III)
97-241      Board for International Broadcasting Authorization Act,
             Fiscal Years 1982 and 1983 (title IV)
97-229      Energy Emergency Preparedness Act of 1982
97-145      Export Administration Amendments Act of 1981
97-132      Multinational Force and Observers Participation Resolution
97-127      Czechoslovakian Claims Settlement Act of 1981
97-113      International Security and Development Cooperation Act of
             1981
97-98       Agriculture and Food Act of 1981
97-98       Agriculture Trade and Export Policy Commission Act (title
             XII, subtitle C)
97-35       African Development Bank Act (title XIII, subtitle B, part
             3)
96-599      International Coffee Agreement Act of 1980
96-561      American Fisheries Promotion Act (title II)
96-533      International Security and Development Cooperation Act of
             1980
96-533      African Development Foundation Act (title V)
96-494      Agriculture Act of 1980
96-494      Agricultural Trade Suspension Adjustment Act of 1980 (title
             II)
96-494      Bill Emerson Humanitarian Trust Act (title III)
96-487      Alaska National Interests Lands Conservation Act
96-478      Act to Prevent Pollution from Ships
96-465      Foreign Service Act of 1980
96-449      Hostage Relief Act of 1980
96-422      Refugee Education Assistance Act of 1980
96-389      Bretton Woods Agreements Act Amendments, 1980
96-339      Atlantic Tunas Convention Act of 1975, Appropriation
             Authorization
96-323      North Atlantic Treaty Organization Mutual Support Act of
             1979
96-283      Deep Seabed Hard Mineral Resources Act
96-283      Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
96-280      Nuclear Non-Proliferation Act of 1978--Agreements for
             Cooperation
96-271      International Natural Rubber Agreement Appropriation
             Authorization for Fiscal Year 1981
96-259      Providing for Increased Participation by the United States
             in the Inter-American and Asian Development Banks and
             African Development Fund
96-236      International Sugar Agreement, 1977, Implementation
96-212      Refugee Act of 1980
96-175      Strategic and Critical Materials Transaction Authorization
             Act of 1979
96-133      Energy Policy and Conservation Act Amendments
96-92       International Security Assistance Act of 1979
96-72       Export Administration Act of 1979
96-70       Panama Canal Act of 1979
96-60       Department of State Authorization Act, Fiscal Years 1980 and
             1981 (title I)
96-60       International Communication Agency Authorization Act, Fiscal
             Years 1980 and 1981 (title II)
96-53       International Development Cooperation Act of 1979
96-39       Trade Agreements Act of 1979
96-35       Special International Security Assistance Act of 1979
 96-9       Reaffirming North Atlantic Alliance--United States
             Commitment
 96-8       Taiwan Relations Act
95-630      Financial Institutions Regulatory and Interest Rate Control
             Act of 1978
95-630      Export-Import Bank Act Amendments of 1978 (title XIX)
95-561      Education Amendments of 1978
95-561      National Academy of Peace and Conflict Resolution (title XV,
             part B)
95-511      Foreign Intelligence Surveillance Act of 1978
95-501      Agricultural Trade Act of 1978
95-485      Department of Defense Appropriation Authorization Act, 1979
95-452      Inspector General Act of 1978
95-435      Bretton Woods Agreements Act Amendments, 1978
95-426      Foreign Relations Authorization Act, Fiscal Year 1979
95-426      International Communication Agency Authorization for Fiscal
             Year 1979 (title II)
95-424      International Development and Food Assistance Act of 1978
95-393      Diplomatic Relations Act
95-384      International Security Assistance Act of 1978
95-287      Reaffirming the Unity of the North Atlantic Alliance
             Commitment
95-242      Nuclear Non-Proliferation Act of 1978
95-238      Department of Energy Act of 1978
95-223      International Emergency Economic Powers Act (title II)
95-213      Foreign Corrupt Practices Act of 1977 (title I)
95-118      International Financial Institutions Act
95-113      Food and Agriculture Act of 1977
95-105      Foreign Relations Authorization Act, Fiscal Year 1978
95-105      United States Information Agency Authorization for Fiscal
             Year 1978 (title II)
95-92       International Security Assistance Act of 1977
95-88       International Development and Food Assistance Act of 1977
 95-6       Fishery Conservation Zone Transition Act
94-583      Foreign Sovereign Immunities Act of 1976
94-472      International Investment and Trade in Services Survey Act
94-412      National Emergencies Act
94-350      Foreign Relations Authorization Act, Fiscal Year 1977
94-350      United States Information Agency Authorization for Fiscal
             Year 1977 (title II)
94-350      Foreign Service Retirement Amendments of 1976 (title V)
94-329      International Security Assistance and Arms Export Control
             Act of 1976
94-304      Establishing a Commission on Security and Cooperation in
             Europe
94-302      African Development Fund Act (title II)
94-265      Magnuson-Stevens Fishery Conservation and Management Act of
             1976
94-265      Driftnet Act Amendments of 1990 (sec. 206)
94-163      Energy Policy and Conservation Act
94-161      International Development and Food Assistance Act of 1975
94-141      Foreign Relations Authorization Act, Fiscal Year 1976
94-118      Japan-United States Friendship Act
94-110      Joint Resolution to Implement the United States Proposal for
             the Early-Warning System in Sinai
94-70       Atlantic Tunas Convention Act of 1975
94-39       National Aeronautics and Space Administration Authorization
             Act, 1976
93-627      Deepwater Port Act of 1974
93-618      Trade Act of 1974
93-618      Narcotics Control Trade Act (title VIII)
93-559      Foreign Assistance Act of 1974
93-479      Foreign Investment Study Act of 1974
93-475      State Department/USIA Authorization Act, Fiscal Year 1975
93-366      Antihijacking Act of 1974
93-365      Department of Defense Appropriation Authorization Act, 1975
93-248      Intervention on the High Seas Act
93-205      Endangered Species Act of 1973
93-199      Emergency Security Assistance Act of 1973
93-189      Foreign Assistance Act of 1973
93-188      United Nations Environment Program Participation Act of 1973
93-153      Trans-Alaska Pipeline Authorization Act
93-148      War Powers Resolution
93-129      Board for International Broadcasting Act of 1973
93-126      Department of State Appropriations Authorization Act of 1973
93-110      Par Value Modification Act--Foreign Currency Reports (title
             II)
92-544      Departments of State, Justice, and Commerce, the Judiciary,
             and Related Agencies Appropriations Act, 1973
92-522      Marine Mammal Protection Act of 1972
92-499      Act to Extend Diplomatic Privileges to the Commission of the
             European Communities
92-403      Case Act--Transmittal of International Agreements
92-352      Foreign Relations Authorization Act of 1972
92-268      Par Value Modification Act
92-257      Trust Territory of the Pacific Islands Act
92-226      Foreign Assistance Act of 1971
92-39       Micronesian Claims Act of 1971
91-672      Foreign Military Sales Act Amendments, 1971
91-652      Special Foreign Assistance Act of 1971
91-441      Armed Forces Appropriation Authorization, 1971
91-269      United States Recognition and Participation in International
             Expositions
91-175      Foreign Assistance Act of 1969, as amended
90-629      Arms Export Control Act
90-554      Foreign Assistance Act of 1968
90-553      International Center Act
90-390      Export Loans--Assistance
90-349      Special Drawing Rights Act
90-137      Foreign Assistance Act of 1967
89-732      Cuban Refugee Adjustment Act
89-673      Foreign Gifts and Decorations Act of 1966
89-583      Foreign Assistance Act of 1966
89-532      Convention on the Settlement of Investment Disputes Act of
             1966
89-486      Foreign Agents Registration Act Amendments
89-369      Asian Development Bank Act
89-296      Ryukyu Islands Claims Settlement Act
89-259      Cultural Objects--Importation for Temporary Display
89-171      Foreign Assistance Act of 1965
89-134      Peace Corps Act Amendments
88-633      Foreign Assistance Act of 1964
88-408      Tonkin Gulf Resolution
88-205      Foreign Assistance Act of 1963
87-826      Collection and Publication of Foreign Commerce and Trade
             Statistics
87-794      Trade Expansion Act of 1962
87-733      Cuban Resolution
87-565      Foreign Assistance Act of 1962
87-510      Migration and Refugee Assistance Act of 1962
87-297      Arms Control and Disarmament Act
87-293      Peace Corps Act
87-256      Mutual Educational and Cultural Exchange Act of 1961
87-195      Foreign Assistance Act of 1961
87-195      Tropical Forest Conservation Act of 1998 (part V)
87-125      General Government Matters, Department of Commerce, and
             Related Agencies Appropriation Act, 1962
86-735      Latin American Development Act
86-628      Legislative Branch Appropriation Act, 1961
86-565      International Development Association Act
86-472      Mutual Security Act of 1960
86-472      Center for Cultural and Technical Interchange Between East
             and West Act of 1960 (chapter VII)
86-420      Mexico-United States Interparliamentary Group
86-147      Inter-American Development Bank Act
86-108      Mutual Security Act of 1959
86-42       Canada-United States Interparliamentary Group
85-931      Agricultural Trade Development and Assistance Act of 1954--
             Extension and Amendment
85-846      EURATOM Cooperation Act of 1958
85-568      National Aeronautics and Space Act of 1958
85-474      Departments of State and Justice, the Judiciary, and Related
             Agencies Appropriation Act, 1959
85-177      International Atomic Energy Agency Participation Act of 1957
 85-7       Resolution To Promote Peace and Stability in the Middle East
84-885      State Department Basic Authorities Act of 1956
84-689      United States Group of the North Atlantic Treaty
             Parliamentary Conferences--Participation Resolution
84-350      International Finance Corporation Act
83-703      Atomic Energy Act of 1954
83-680      Fisherman's Protective Act of 1967
83-665      Mutual Security Act of 1954
83-480      Agricultural Trade Development and Assistance Act of 1954
83-451      Civil Government for the Trust Territory of the Pacific
             Islands
82-486      Extending Certain Privileges to Representatives of
             Organization of American States
82-414      Immigration and Nationality Act
81-764      Tuna Conventions Act of 1950
81-676      Whaling Convention Act of 1949
81-507      National Science Foundation Act of 1950
81-455      International Claims Settlement Act of 1949
81-439      Agricultural Act of 1949
80-772      Act of June 25, 1948
80-772      Logan Act--Private Correspondence With Foreign Governments
80-772      Johnson Act--Financial Transactions With Foreign Governments
80-402      United States Information and Educational Exchange Act of
             1948
80-357      United Nations Headquarters Agreement Act
80-253      National Security Council
79-547      Act of July 25, 1946
79-291      International Organizations Immunities Act
79-264      United Nations Participation Act of 1945
79-173      Export-Import Bank Act of 1945
79-171      Bretton Woods Agreements Act
76-54       Neutrality Act of 1939
75-583      Foreign Agents Registration Act of 1938
75-543      Act of May 25, 1938
71-361      Tariff Act of 1930
69-186      Foreign Service Buildings Act, 1926
65-91       Trading With the Enemy Act
------------------------------------------------------------------------

                              Appendix II


          Note.--Appendix II lists Public Laws included in 
        Legislation on Foreign Relations Through 2000, either 
        as freestanding law or in amendments, arranged 
        alphabetically by short title or popular name with 
        corresponding Public Law number.




 
------------------------------------------------------------------------
                                                              Public Law
                         Short Title                              No.
------------------------------------------------------------------------
1984 Act to Combat International Terrorism..................  98-533
1998 Supplemental Appropriations and Rescissions Act........  105-174
1999 Emergency Supplemental Appropriations Act..............  106-31
Act For Reform In Emerging New Democracies and Support and    103-199
 Help for Improved Partnership with Russia, Ukraine, and
 Other New Independent States (FRIENDSHIP Act)..............
Act of May 25, 1938.........................................  75-543
Act of July 25, 1946........................................  79-547
Act of June 25, 1948........................................  80-772
Act to Extend Diplomatic Privileges to the Commission of the  92-499
 European Communities.......................................
Act to Honor the Victims of the Bombing of Panam Flight.....  103-158
Act to Prevent Pollution from Ships.........................  96-478
Admiral James W. Nance and Meg Donovan Foreign Relations      106-113
 Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
 enacted by reference)......................................
Africa: Seeds of Hope Act of 1998...........................  105-385
African Conflict Resolution Act.............................  103-381
African Development Bank Act (title XIII, subtitle B, part    97-35
 3).........................................................
African Development Foundation Act (title V)................  96-533
African Development Fund Act (title II).....................  94-302
African Elephant Conservation Act (title II)................  100-478
African Elephant Conservation Reauthorization Act of 1998...  105-217
African Famine Relief and Recovery Act of 1985..............   99-8
African Growth and Opportunity Act (title I)................  106-200
Agricultural Act of 1949....................................  81-439
Agricultural Competitiveness and Trade Act of 1988 (title     100-418
 IV)........................................................
Agricultural Development and Trade Act of 1990 (title XV)...  101-624
Agricultural Exports (title V)..............................  98-258
Agricultural Programs Adjustment Act of 1984................  98-258
Agricultural Trade Act of 1978..............................  95-501
Agricultural Trade Development and Assistance Act of 1954...  83-480
Agricultural Trade Development and Assistance Act of 1954--   85-931
 Extension and Amendment....................................
Agricultural Trade Suspension Adjustment Act of 1980 (title   96-494
 II)........................................................
Agriculture and Food Act of 1981............................  97-98
Agriculture Export Relief Act...............................  105-194
Agriculture, Rural Development, Food and Drug                 106-387
 Administration, and Related Agencies Appropriations Act,
 2001.......................................................
Agriculture Trade and Export Policy Commission Act (title     97-98
 XII, subtitle C)...........................................
Aid, Trade, and Competitiveness Act of 1992 (title III).....  102-549
Alaska National Interests Lands Conservation Act............  96-487
American Aid to Poland Act of 1988 (title II, subtitle B,     100-418
 part II)...................................................
American Fisheries Promotion Act (title II).................  96-561
American Institute in Taiwan Facilities Enhancement Act.....  106-212
Andean Trade Preference Act (title II)......................  102-182
Anglo-Irish Agreement Support Act of 1986...................  99-415
Antarctic Marine Living Resources Convention Act of 1984      98-623
 (title III)................................................
Antarctic Protection Act of 1990............................  101-594
Antarctic Science, Tourism, and Conservation Act of 1996....  104-227
Anti-Economic Discrimination Act of 1994 (title V, part C)..  103-236
Anti-Terrorism Act of 1987 (title X)........................  100-204
Antiterrorism and Effective Death Penalty Act of 1996.......  104-132
Antihijacking Act of 1974...................................  93-366
Approval of the Compact of Free Association With the          99-658
 Government of Palau........................................
Arctic Research and Policy Act of 1984 (title I)............  98-373
Arctic Tundra Habitat Emergency Conservation Act............  106-108
Armed Forces Appropriation Authorization, 1971..............  91-441
Arms Control and Disarmament Act............................  87-297
Arms Control and Disarmament Act Authorization for Fiscal     99-93
 Years 1986 and 1987 (title VII)............................
Arms Control and Disarmament Amendments Act of 1987.........  100-213
Arms Control and Disarmament Amendments Act of 1989.........  101-216
Arms Control and Nonproliferation Act of 1994 (title VII,     103-236
 part A)....................................................
Arms Control and Nonproliferation Act of 1999 (title XI,      106-113
 division B, H.R. 3427, enacted by reference)...............
Arms Control, Nonproliferation, and Security Assistance Act   106-113
 of 1999 (division B, H.R. 3427, enacted by reference)......
Arms Export Control Act.....................................  90-629
Asia Foundation Act (title IV)..............................  98-164
Asian Development Bank Act..................................  89-369
Asian Elephant Conservation Act of 1997.....................  105-96
Asian/Pacific American Heritage Month--Designation..........  102-450
Assistance for International Malaria Control Act............  106-570
Atlantic Salmon Convention Act of 1982 (title III)..........  97-389
Atlantic Tunas Convention Act of 1975.......................  94-70
Atlantic Tunas Convention Act of 1975, Appropriation          96-339
 Authorization..............................................
Atlantic Tunas Convention Act of 1995 (title III)...........  104-43
Atlantic Tunas Convention Authorization Act of 1995 (title    104-43
 III).......................................................
Atomic Energy Act of 1954...................................  83-703
Au Pair Extension...........................................  104-72
Authorization for an Improved U.S./Soviet Direct              99-85
 Communications Link........................................
Authorization for Use of U.S. Armed Forces Pursuant to U.N.   102-1
 Security Council Resolution 678............................
Aviation Security Improvement Act of 1990...................  101-604
Balanced Budget and Emergency Deficit Control Act of 1985     99-177
 [Gramm-Rudman-Hollings Act]................................
Ballistic Missile Defense Act of 1995 (title II, subtitle C)  104-106
Bangladesh Disaster Assistance Act of 1988..................  100-576
Bank Export Services Act (title II).........................  97-290
Bill Emerson Humanitarian Trust Act (title III).............  96-494
Biological Weapons Anti-Terrorism Act of 1989...............  101-298
Board for International Broadcasting Act of 1973............  93-129
Board for International Broadcasting Appropriations, 1988     100-202
 (sec. 101(a), title V).....................................
Board for International Broadcasting Authorization Act,       97-241
 Fiscal Years 1982 and 1983 (title IV)......................
Board for International Broadcasting Authorization Act,       98-164
 Fiscal Years 1984 and 1985 (title III).....................
Board for International Broadcasting Authorization Act,       99-93
 Fiscal Years 1986 and 1987 (title III).....................
Board for International Broadcasting Authorization Act,       100-204
 Fiscal Years 1988 and 1989 (title V).......................
Bretton Woods Agreements Act................................  79-171
Bretton Woods Agreements Act Amendments, 1978...............  95-435
Bretton Woods Agreements Act Amendments, 1980...............  96-389
Bring Them Home Alive Act of 2000...........................  106-484
Budget Enforcement Act of 1990 (title XIII).................  101-508
Cambodian Genocide Justice Act (title V, part D)............  103-236
Canada-United States Interparliamentary Group...............  86-42
Caribbean Basin Economic Recovery Act (title II)............  98-67
Caribbean Basin Economic Recovery Expansion Act of 1990       101-382
 (title II).................................................
Case Act--Transmittal of International Agreements...........  92-403
Center for Cultural and Technical Interchange Between East    86-472
 and West Act of 1960 (chapter VII).........................
Central American Peace Assistance...........................  100-276
Central Bering Sea Fisheries Enforcement Act of 1992 (title   102-582
 III).......................................................
Chemical and Biological Weapons Control and Warfare           102-182
 Elimination Act of 1991 (title III)........................
Chemical Weapons Convention Implementation Act of 1998        105-277
 (division I)...............................................
Child Health Revolution.....................................  98-198
Chinese Student Protection Act of 1992......................  102-404
Civil Government for the Trust Territory of the Pacific       83-451
 Islands....................................................
Clean Air Act Amendments....................................  101-549
Clement J. Zablocki Memorial Outpatient Facility, American    98-266
 Children's Hospital, Krakow, Poland........................
Coast Guard Authorization Act of 1993.......................  103-206
Collection and Publication of Foreign Commerce and Trade      87-826
 Statistics.................................................
Combatting Proliferation of Weapons of Mass Destruction Act   104-293
 of 1996 (title VII)........................................
Commercial Space Act of 1998................................  105-303
Compact of Free Association Act of 1985.....................  99-239
Competitiveness Policy Council Act (title V, part I,          100-418
 subtitle C)................................................
Consolidated Appropriations Act, 2001.......................  106-554
Consolidated Appropriations, Fiscal Year 2000...............  106-113
Continuing Appropriations, 1985.............................  98-473
Continuing Appropriations, Fiscal Year 1988.................  100-202
Continuing Resolution, 1984.................................  98-151
Convention on Cultural Property Implementation Act (title     97-446
 III).......................................................
Convention on the Settlement of Investment Disputes Act of    89-532
 1966.......................................................
Conventional Forces in Europe Treaty Implementation Act of    102-228
 1991.......................................................
Cooperative East-West Ventures in Space.....................  98-562
Cooperative Threat Reduction Act of 1993 (title XII)........  103-160
Crime Control Act of 1990...................................  101-647
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of     104-114
 1996.......................................................
Cuban Political Prisoners and Immigrants (sec. 101(a), title  100-202
 VII).......................................................
Cuban Refugee Adjustment Act................................  89-732
Cuban Resolution............................................  87-733
Cuban Democracy Act of 1992 (title XVII)....................  102-484
Cultural Objects--Importation for Temporary Display.........  89-259
Customs and Trade Act of 1990...............................  101-382
Czechoslovakian Claims Settlement Act of 1981...............  97-127
Dante B. Fascell North-South Center Act of 1991 (sec. 208)..  102-138
David L. Boren National Security Education Act of 1991......  102-183
Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV).  96-283
Deep Seabed Hard Mineral Resources Act......................  96-283
Deepwater Port Act of 1974..................................  93-627
Defense Against Weapons of Mass Destruction Act of 1996       104-201
 (title XIV)................................................
Defense Against Weapons of Mass Destruction Act of 1998       105-261
 (title XIV)................................................
Defense Conversion, Reinvestment, and Transition Assistance   103-160
 Amendments of 1993 (title XIII)............................
Defense Offsets Disclosure Act of 1999 (subtitle D, title     106-113
 XII, H.R. 3427, enacted by reference)......................
Demilitarization of the Former Soviet Union Act of 1992       102-484
 (title XIV)................................................
Department of Defense Appropriation Act, 1976...............  94-212
Department of Defense Appropriation Authorization Act, 1975.  93-365
Department of Defense Appropriation Authorization Act, 1979.  95-485
Department of Defense Appropriations Act, 2001..............  106-259
Department of Defense Authorization Act, 1983...............  97-252
Department of Defense Authorization Act, 1984...............  98-94
Department of Defense Authorization Act, 1985...............  98-525
Department of Defense Authorization Act, 1986...............  99-145
Department of Defense Authorization Act, 1987 (Division A)..  99-661
Department of Energy Act of 1978............................  95-238
Department of State and Related Agencies Appropriations Act,  105-277
 1999 (sec. 101(b)).........................................
Department of State and Related Agency Appropriations Act,    106-553
 2001.......................................................
Department of State Appropriations Act, 1988 (sec. 101(a),    100-202
 title III).................................................
Department of State Appropriations Authorization Act of 1973  93-126
Department of State Authorization Act, Fiscal Years 1980 and  96-60
 1981 (title I).............................................
Department of State Authorization Act, Fiscal Years 1982 and  97-241
 1983.......................................................
Department of State Authorization Act, Fiscal Years 1984 and  98-164
 1985 (titles I, X).........................................
Department of State Special Agents Retirement Act of 1998...  105-382
Department of the Interior and Related Agencies               106-291
 Appropriations Act, 2001...................................
Departments of Commerce, Justice, and State, the Judiciary,   99-180
 and Related Agencies Appropriations Act, 1986..............
Departments of Commerce, Justice, and State, the Judiciary,   101-162
 and Related Agencies Appropriations Act, 1990..............
Departments of Commerce, Justice, and State, the Judiciary,   105-119
 and Related Agencies Appropriations Act, 1998..............
Departments of Commerce, Justice, and State, the Judiciary,   106-113
 and Related Agencies Appropriations Act, 2000 (H.R. 3421,
 enacted by reference)......................................
Departments of State and Justice, the Judiciary, and Related  85-474
 Agencies Appropriation Act, 1959...........................
Departments of State, Justice, and Commerce, the Judiciary,   92-544
 and Related Agencies Appropriations Act, 1973..............
Diplomatic Relations Act....................................  95-393
Diplomatic Security Act (titles I-IV).......................  99-399
Dire Emergency Supplemental Appropriations Act, 1988........  100-393
Distribution of USIA Materials..............................  102-454
Dolphin Protection Consumer Information Act (title IX)......  101-627
Driftnet Act Amendments of 1990 (sec. 206)..................  94-265
Driftnet Impact Monitoring, Assessment, and Control Act of    100-220
 1987 (title IV)............................................
Eastern Pacific Tuna Licensing Act of 1984..................  98-445
Education Amendments of 1978................................  95-561
Eisenhower Exchange Fellowship Act of 1990..................  101-454
Emergency Security Assistance Act of 1973...................  93-199
Emergency Supplemental Act, 2000............................  106-246
Emergency Supplemental Appropriations and Rescissions for     104-6
 the Department of Defense to Preserve and Enhance Military
 Readiness Act of 1995......................................
Emergency Supplemental Assistance for Israel Act of 1991....  102-21
Emergency Supplemental Persian Gulf Refugee Assistance Act    102-45
 of 1991....................................................
Endangered Species Act of 1973..............................  93-205
Energy Emergency Preparedness Act of 1982...................  97-229
Energy Policy Act of 1992...................................  102-486
Energy Policy and Conservation Act..........................  94-163
Energy Policy and Conservation Act Amendments...............  96-133
Enterprise for the Americas Act of 1992 (title VI)..........  102-549
Enterprise for the Americas Initiative Act of 1992..........  102-532
Establishing a Commission on Security and Cooperation in      94-304
 Europe.....................................................
EURATOM Cooperation Act of 1958.............................  85-846
European Bank for Reconstruction and Development Act (sec.    101-513
 562(c))....................................................
European Security Act of 1998 (division G, title XXVII).....  105-277
Exchange Rates and International Economic Policy              100-418
 Coordination Act of 1988 (title III, subtitle A)...........
Export Administration Act of 1979...........................  96-72
Export Administration Amendments Act of 1981................  97-145
Export Administration Amendments Act of 1985................  99-64
Export Enhancement Act of 1988 (title II)...................  100-418
Export Enhancement Act of 1992..............................  102-429
Export Enhancement Act of 1999..............................  106-158
Export Enhancement Program Amendments of 1994 (title IV,      103-465
 subtitle A, part II, sec. 411(a))..........................
Export-Import Bank Act Amendments of 1978 (title XIX).......  95-630
Export-Import Bank Act Amendments of 1986...................  99-472
Export-Import Bank Act of 1945..............................  79-173
Export-Import Bank and Tied Aid Credit Amendments of 1988     100-418
 (title III, subtitle D)....................................
Export Loans--Assistance....................................  90-390
Export Trading Company Act of 1982 (title I)................  97-290
Extending Certain Privileges to Representatives of            82-486
 Organization of American States............................
Extradition Treaties Implementation Act of 1998.............  105-323
Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,   100-418
 part II)...................................................
Famine Prevention and Freedom From Hunger Improvement Act of  106-373
 2000.......................................................
Fascell Fellowship Act (title X)............................  99-399
Fascell Fellowship Amendments Act of 1990 (sec. 9)..........  101-454
Federal Agriculture Improvement and Reform Act of 1996......  104-127
Federal Aviation Reauthorization Act of 1996................  104-264
Federal Reports Elimination Act of 1998.....................  105-362
Federal Reports Elimination and Sunset Act of 1995..........  104-66
Federal Triangle Development Act............................  100-113
Financial Institutions Regulatory and Interest Rate Control   95-630
 Act of 1978................................................
Financial Reports Act of 1988 (title III, subtitle G).......  100-418
Finding the Government of Iraq in Unacceptable and Material   105-235
 Breach of Its International Obligations....................
Fisheries Act of 1995.......................................  104-43
Fisheries Amendments of 1982................................  97-389
Fisherman's Protective Act of 1967..........................  83-680
Fishery Conservation Amendments of 1990.....................  101-627
Fishery Conservation Zone Transition Act....................   95-6
Floyd D. Spence National Defense Authorization Act for        106-398
 Fiscal Year 2001...........................................
Food, Agriculture, Conservation, and Trade Act of 1990......  101-624
Food, Agriculture, Conservation, and Trade Act Amendments of  102-237
 1991.......................................................
Food and Agriculture Act of 1977............................  95-113
Food for Progress Act of 1985 (sec. 1110)...................  99-198
Food Security Act of 1985...................................  99-198
Foreign Affairs Agencies Consolidation Act of 1998 (division  105-277
 G, subdivision A)..........................................
Foreign Affairs Reform and Restructuring Act of 1998          105-277
 (division G)...............................................
Foreign Agents Registration Act Amendments..................  89-486
Foreign Agents Registration Act of 1938.....................  75-583
Foreign Assistance Act of 1961..............................  87-195
Foreign Assistance Act of 1962..............................  87-565
Foreign Assistance Act of 1963..............................  88-205
Foreign Assistance Act of 1964..............................  88-633
Foreign Assistance Act of 1965..............................  89-171
Foreign Assistance Act of 1966..............................  89-583
Foreign Assistance Act of 1967..............................  90-137
Foreign Assistance Act of 1968..............................  90-554
Foreign Assistance Act of 1969, as amended..................  91-175
Foreign Assistance Act of 1971..............................  92-226
Foreign Assistance Act of 1973..............................  93-189
Foreign Assistance Act of 1974..............................  93-559
Foreign Assistance and Related Programs Appropriations Act,   98-151
 1984 (sec. 101(b)(1))......................................
Foreign Corrupt Practices Act Amendments of 1988 (title V,    100-418
 subtitle A, part I)........................................
Foreign Corrupt Practices Act of 1977 (title I).............  95-213
Foreign Debt Reserving Act of 1989 (title IV)...............  101-240
Foreign Direct Investment and International Financial Date    101-533
 Improvements Act of 1990...................................
Foreign Gifts and Decorations Act of 1966...................  89-673
Foreign Intelligence Surveillance Act of 1978...............  95-511
Foreign Investment Study Act of 1974........................  93-479
Foreign Military Sales Act Amendments, 1971.................  91-672
Foreign Missions Act (title II).............................  97-241
Foreign Missions Amendments Act (title VI)..................  98-164
Foreign Narcotics Kingpin Designation Act (title VIII)......  106-120
Foreign Operations, Export Financing, and Related Programs    100-202
 Appropriations Act, 1988 (sec. 101(e)).....................
Foreign Operations, Export Financing, and Related Programs    101-167
 Appropriations Act, 1990...................................
Foreign Operations, Export Financing, and Related Programs    101-513
 Appropriations Act 1991....................................
Foreign Operations, Export Financing, and Related Programs    102-391
 Appropriations Act, 1993...................................
Foreign Operations, Export Financing, and Related Programs    103-306
 Appropriations Act, 1995...................................
Foreign Operations, Export Financing, and Related Programs    104-107
 Supplemental Appropriations Act, 1996......................
Foreign Operations, Export Financing, and Related Programs    104-208
 Supplemental Appropriations Act, 1997 (title I, sec.
 101(c))....................................................
Foreign Operations, Export Financing, and Related Programs    106-113
 Appropriations Act, 2000 (H.R. 3422, enacted by reference).
Foreign Operations, Export Financing, and Related Programs    106-429
 Appropriations Act, 2001...................................
Foreign Relations Authorization Act, Fiscal Year 1976.......  94-141
Foreign Relations Authorization Act, Fiscal Year 1977.......  94-350
Foreign Relations Authorization Act, Fiscal Year 1978.......  95-105
Foreign Relations Authorization Act, Fiscal Year 1979.......  95-426
Foreign Relations Authorization Act, Fiscal Years 1986 and    99-93
 1987.......................................................
Foreign Relations Authorization Act, Fiscal Years 1988 and    100-204
 1989.......................................................
Foreign Relations Authorization Act, Fiscal Years 1990 and    101-246
 1991.......................................................
Foreign Relations Authorization Act, Fiscal Years 1992 and    102-138
 1993.......................................................
Foreign Relations Authorization Act, Fiscal Years 1994 and    103-236
 1995.......................................................
Foreign Relations Authorization Act, Fiscal Years 1998 and    105-277
 1999 (division G, subdivision B)...........................
Foreign Relations Authorization Act of 1972.................  92-352
Foreign Relations Persian Gulf Conflict Emergency             102-20
 Supplemental Authorization Act, Fiscal Year 1991...........
Foreign Service Act of 1980.................................  96-465
Foreign Service Buildings Act, 1926.........................  69-186
Foreign Service Retirement Amendments of 1976 (title V).....  94-350
Foreign Shipping Practices Act of 1988 (title X)............  100-418
Foreign Sovereign Immunities Act of 1976....................  94-583
Forest Resources Conservation and Shortage Relief Act of      101-382
 1990 (title IV)............................................
Freedom for Russia and Emerging Eurasian Democracies and      102-511
 Open Markets Support Act of 1992 (FREEDOM Support Act).....
FRIENDSHIP Act..............................................  103-199
Further Continuing Appropriations, 1985.....................  99-190
General Government Matters, Department of Commerce, and       87-125
 Related Agencies Appropriation Act, 1962...................
Generalized System of Preferences Renewal Act of 1984 (title  98-573
 V).........................................................
German-American Day.........................................  103-100
German Democratic Republic Fishery Agreement................  100-350
Global AIDS and Tuberculosis Relief Act of 2000.............  106-264
Global AIDS Research and Relief Act of 2000 (title I).......  106-264
Global Change Research Act of 1990..........................  101-606
Global Climate Change Prevention Act of 1990 (title XXIV)...  101-624
Global Climate Protection Act of 1987 (title XI)............  100-204
Global Environmental Protection Assistance Act of 1989        101-240
 (title VII)................................................
Governing International Fishery Agreement With Poland.......  105-384
Governing International Fishery Agreements With Iceland and   98-623
 the European Economic Community (title I)..................
Governing International Fishery Agreements With Japan and     97-389
 Spain (title IV)...........................................
Great Ape Conservation Act of 2000..........................  106-411
Haitian Refugee Immigration Fairness Act of 1998 (division    105-277
 A, sec. 101(h), title IX)..................................
Helsinki Human Rights Day...................................  103-294
High Seas Driftnet Fisheries Enforcement Act................  102-582
High Seas Driftnet Fishing Moratorium Protection Act (title   104-43
 VI)........................................................
High Seas Fishing Compliance Act of 1995 (title I)..........  104-43
Higher Education Amendments of 1986.........................  99-498
Holocaust Victims Redress Act...............................  105-158
Horn of Africa Recovery and Food Security Act...............  102-274
Hostage Relief Act of 1980..................................  96-449
Human Rights, Refugees, and Other Foreign Relations           104-319
 Provisions Act of 1996.....................................
Humpback Whales Wildlife Sanctuary (West Indies)............  99-630
Immigration Act of 1990.....................................  101-649
Immigration and Nationality Act.............................  82-414
Immigration Reform and Control Act of 1986..................  99-603
Implementation of Compact of Free Association With Palau....  101-219
Implementing Agreement for Vienna Convention on Diplomatic    101-62
 Relations..................................................
Indochinese Refugee and Resettlement Act of 1987 (sec.        100-202
 101(a), title VIII)........................................
Inspector General Act of 1978...............................  95-452
Intelligence Authorization Act for Fiscal Year 1985.........  98-618
Intelligence Authorization Act for Fiscal Year 1996.........  104-93
Intelligence Authorization Act for Fiscal Year 1997.........  104-293
Intelligence Authorization Act for Fiscal Year 1998.........  105-107
Intelligence Authorization Act for Fiscal Year 2000.........  106-120
Inter-American Development Bank Act.........................  86-147
Inter-American Investment Corporation Act (title II, S.       98-473
 2416, enacted by reference)................................
Intercountry Adoption Act of 2000...........................  106-279
International Academic Opportunities Act of 2000 (title III)  106-309
International Anti-Bribery and Fair Competition Act of 1998.  105-366
International Anti-Corrpution and Good Governance Act of      106-309
 2000 (title II)............................................
International Arms Sales Code of Conduct Act of 1999          106-113
 (subtitle F, title XII, H.R. 3427, enacted by reference)...
International Atomic Energy Agency Participation Act of 1957  85-177
International Carriage of Perishable Foodstuffs Act.........  97-325
International Center Act....................................  90-553
International Child Abduction Remedies Act..................  100-300
International Claims Settlement Act of 1949.................  81-455
International Coffee Agreement Act of 1980..................  96-599
International Communication Agency Authorization for Fiscal   95-426
 Year 1979 (title II).......................................
International Communication Agency Authorization Act, Fiscal  96-60
 Years 1980 and 1981 (title II).............................
International Cooperation in Global Change Research Act of    101-606
 1990 (title II)............................................
International Cooperation to Protect Biological Diversity...  100-530
International Debt Management Act of 1988 (title III,         100-418
 subtitle B)................................................
International Development and Finance Act of 1989...........  101-240
International Development and Food Assistance Act of 1975...  94-161
International Development and Food Assistance Act of 1977...  95-88
International Development and Food Assistance Act of 1978...  95-424
International Development Association Act...................  86-565
International Development Cooperation Act of 1979...........  96-53
International Dolphin Conservation Act of 1992..............  102-523
International Dolphin Conservation Program Act..............  105-42
International Emergency Economic Powers Act (title II)......  95-223
International Energy Emergency Authorities: Extension.......  100-373
International Environmental Protection Act of 1983 (title     98-164
 VII).......................................................
International Finance Corporation Act.......................  84-350
International Financial Institutions Act....................  95-118
International Forestry Cooperation Act of 1990 (title VI)...  101-513
International Investment and Trade in Services Survey Act...  94-472
International Lending Supervision Act of 1983 (title IX)....  98-181
International Malaria Control Act (title I).................  106-570
International Maritime and Port Security Act (title IX).....  99-399
International Narcotics Control Act of 1985 (title VI)......  99-83
International Narcotics Control Act of 1986 (title II)......  99-570
International Narcotics Control Act of 1988 (title IV)......  100-690
International Narcotics Control Act of 1989.................  101-231
International Narcotics Control Act of 1990.................  101-623
International Narcotics Control Corrections Act of 1994.....  103-447
International Natural Rubber Agreement Appropriation          96-271
 Authorization for Fiscal Year 1981.........................
International Organizations Immunities Act..................  79-291
International Parental Kidnapping Crime Act.................  105-173
International Peacekeeping Act of 1992......................  102-311
International Religious Freedom Act of 1998.................  105-292
International Security and Development Assistance             98-151
 Authorization Act of 1983 (sec. 101(b)(2)).................
International Security and Development Cooperation Act of     96-533
 1980.......................................................
International Security and Development Cooperation Act of     97-113
 1981.......................................................
International Security and Development Cooperation Act of     99-83
 1985.......................................................
International Security Assistance Act of 1977...............  95-92
International Security Assistance Act of 1978...............  95-384
International Security Assistance Act of 1979...............  96-92
International Security Assistance and Arms Export Control     94-329
 Act of 1976................................................
International Sugar Agreement, 1977, Implementation.........  96-236
International Trade and Investment Act (title III)..........  98-573
International Tuberculosis Control Act of 2000 (title II)...  106-264
Intervention on the High Seas Act...........................  93-248
Iran and Libya Sanctions Act of 1996........................  104-172
Iran Claims Settlement (title V)............................  99-93
Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)....  102-484
Iran Nonproliferation Act of 2000...........................  106-178
Iraq Liberation Act of 1998.................................  105-338
Iraq Sanctions Act of 1990 (secs. 586-586J).................  101-513
Irish Peace Process Cultural and Training Program Act of      105-319
 1998.......................................................
Japan-United States Friendship Act..........................  94-118
Japanese Imperial Government Disclosure Act of 2000 (title    106-567
 VIII)......................................................
Jerusalem Embassy Act of 1995...............................  104-45
Jobs Through Exports Act of 1992............................  102-549
Jobs Through Trade Expansion Act of 1994....................  103-392
Johnson Act--Financial Transactions With Foreign Governments  80-772
Joint Resolution to Implement the United States Proposal for  94-110
 the Early-Warning System in Sinai..........................
Jordan Supplemental Economic Assistance Authorization Act of  99-88
 1985 (title IV)............................................
Latin American Development Act..............................  86-735
Lebanon Emergency Assistance Act of 1983....................  98-43
Legislative Branch Appropriation Act, 1961..................  86-628
Logan Act--Private Correspondence With Foreign Governments..  80-772
Magnuson-Stevens Fishery Conservation and Management Act of   94-265
 1976.......................................................
Marine Mammal Protection Act of 1972........................  92-522
Mexican Debt Disclosure Act of 1995 (title IV)..............  104-6
Mexico-United States Interparliamentary Group...............  86-420
Microenterprise for Self-Reliance Act of 2000 (title I).....  106-309
Microenterprise for Self-Reliance and International Anti-     106-309
 Corruption Act of 2000.....................................
Micronesian Claims Act of 1971..............................  92-39
Middle East Peace Facilitation Act of 1993..................  103-125
Middle East Peace Facilitation Act of 1994 (title V, part E)  103-236
Migration and Refugee Assistance Act of 1962................  87-510
Mike Mansfield Fellowship Act (title II, part C)............  103-236
Miscellaneous Amendments and Authorization--FYs 1996 and      104-164
 1997.......................................................
Miscellaneous Appropriations, 2000 (H.R. 3425, enacted by     106-113
 reference).................................................
Miscellaneous International Affairs Authorization Act of      100-461
 1988 (S. 2757, enacted by reference).......................
Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
Missile Defense Act of 1991 (title II, part C)..............  102-190
Most-Favored-Nation Treatment for Cambodia..................  104-203
Most-Favored-Nation Treatment for People's Republic of        102-158
 Bulgaria...................................................
Most-Favored-Nation Treatment for People's Republic of        104-162
 Bulgaria...................................................
Most-Favored-Nation Treatment for Czechoslovakia............  101-541
Most-Favored Nation Treatment for Mongolian People's          102-157
 Republic...................................................
Most-Favored-Nation Treatment for Romania...................  104-171
Most-Favored Nation Treatment for the Union of Soviet         102-197
 Socialist Republics........................................
Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.  99-190
 2253, enacted by reference)................................
Multilateral Development Banks Procurement Act (title III,    100-418
 subtitle C)................................................
Multilateral Development Banks: Sense of Congress (title X).  98-181
Multilateral Export Control Enhancement Amendments Act        100-418
 (title II, subtitle D, part II)............................
Multilateral Investment Guarantee Agency Act (sec. 101(e),    100-202
 H.R. 3570, enacted by reference, title IV).................
Multinational Force and Observers Participation Resolution..  97-132
Multinational Force in Lebanon Resolution...................  98-119
Mutual Educational and Cultural Exchange Act of 1961........  87-256
Mutual Security Act of 1954.................................  83-665
Mutual Security Act of 1959.................................  86-108
Mutual Security Act of 1960.................................  86-472
National Academy of Peace and Conflict Resolution (title XV,  95-561
 part B)....................................................
National Aeronautics and Space Act of 1958..................  85-568
National Aeronautics and Space Administration Authorization   94-39
 Act, 1976..................................................
National Aeronautics and Space Administration Authorization   100-147
 Act of 1988................................................
National Aeronautics and Space Administration Authorization   100-685
 Act, Fiscal Year 1989......................................
National Aeronautics and Space Administration Authorization   101-611
 Act, Fiscal Year 1991......................................
National Aeronautics and Space Administration Authorization   102-195
 Act, Fiscal Year 1992......................................
National Aeronautics and Space Administration Authorization   102-588
 Act, Fiscal Year 1993......................................
National and Community Service Act of 1990..................  101-610
National Critical Materials Act of 1984 (title II)..........  98-373
National Defense Authorization Act, Fiscal Year 1987........  99-661
National Defense Authorization Act, Fiscal Year 1989........  100-456
National Defense Authorization Act for Fiscal Years 1988 and  100-180
 1989.......................................................
National Defense Authorization Act for Fiscal Years 1990 and  101-189
 1991.......................................................
National Defense Authorization Act for Fiscal Year 1991.....  101-510
National Defense Authorization Act for Fiscal Years 1992 and  102-190
 1993.......................................................
National Defense Authorization Act for Fiscal Year 1993.....  102-484
National Defense Authorization Act for Fiscal Year 1994.....  103-160
National Defense Authorization Act for Fiscal Year 1995.....  103-337
National Defense Authorization Act for Fiscal Year 1996.....  104-106
National Defense Authorization Act for Fiscal Year 1997.....  104-201
National Defense Authorization Act for Fiscal Year 1998.....  105-85
National Defense Authorization Act for Fiscal Year 1999.....  105-262
National Defense Authorization Act for Fiscal Year 2000.....  106-65
National Emergencies Act....................................  94-412
National Endowment for Democracy Act (title V)..............  98-164
National Former Prisoners of War Recognition Day............  103-60
National Missile Defense Act of 1999........................  106-38
National Science Foundation Act of 1950.....................  81-507
National Security and Corporate Fairness under the            106-113
 Biological Weapons Convention Act (chapter 2, subtitle A,
 title XI, division B, H.R. 3427, enacted by reference).....
National Security Council...................................  80-253
National Shipbuilding and Shipyard Conversion Act of 1993     103-160
 (title XIII, subtitle D)...................................
National Space Council Authorization Act of 1990............  101-328
National Terrorist Asset Trading Center.....................  106-346
NATO Participation Act of 1994 (title II)...................  103-447
Nazi War Crimes Disclosure Act..............................  105-246
Neotropical Migratory Bird Conservation Act.................  106-247
Neutrality Act of 1939......................................  76-54
Nicaraguan Adjustment and Central American Relief Act (title  105-100
 II)........................................................
Nondiscriminatory Treatment Toward Products of Albania......  102-363
Nondiscriminatory Treatment Toward Products of Romania......  103-133
Nonindigenous Aquatic Nuisance Prevention and Control Act of  101-646
 1990.......................................................
North American Free Trade Agreement Implementation Act......  103-182
North Atlantic Treaty Organization Mutual Support Act of      96-323
 1979.......................................................
North Korea Threat Reduction Act of 1999 (subtitle B, title   106-113
 VIII, division A, H.R. 3427, enacted by reference).........
North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
North Pacific Anadromous Stocks Convention Act of 1992        102-587
 (title VIII)...............................................
Northwest Atlantic Fisheries Convention Act of 1995 (title    104-43
 II)........................................................
Nuclear Non-Proliferation Act of 1978.......................  95-242
Nuclear Non-Proliferation Act of 1978--Agreements for         96-280
 Cooperation................................................
Nuclear Proliferation Prevention Act of 1994 (title VIII)...  103-236
Nuclear Waste Policy Act of 1982............................  97-425
Oceans Act of 1992..........................................  102-587
Oceans Act of 2000..........................................  106-256
Office of National Drug Control Policy Reauthorization Act    105-277
 of 1998 (division C, title VII)............................
Oil Pollution Act of 1990...................................  101-380
Omnibus Budget Reconciliation Act of 1990...................  101-508
Omnibus Consolidated and Emergency Supplemental               105-277
 Appropriations Act for Fiscal Year 1999....................
Omnibus Consolidated Appropriations for Fiscal Year 1997....  104-208
Omnibus Diplomatic Security and Antiterrorism Act of 1986...  99-399
Omnibus Insular Areas Act of 1992...........................  102-247
Omnibus Trade and Competitiveness Act of 1988...............  100-418
Operation Desert Shield/Desert Storm Supplemental             102-28
 Appropriations Act, 1991...................................
Overseas Private Investment Corporation Amendments Act of     100-461
 1988 (H.R. 5263, enacted by reference).....................
Pacific Charter Commission Act of 2000 (title IV)...........  106-570
Pacific Salmon Treaty Act of 1985...........................   99-5
Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)....  106-309
Paul D. Coverdell World Wise Schools Act of 2000 (title VI).  106-570
Panama Canal Act of 1979....................................  96-70
Panama Canal Act Amendments of 1996.........................  104-201
Panama Canal Commission Authorization Act for Fiscal Year     101-189
 1990 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     101-510
 1991 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     102-190
 1992 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     102-484
 1993 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     103-160
 1994 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     103-337
 1995 (title XXXVI).........................................
Panama Canal Commission Authorization Act for Fiscal Year     104-106
 1996 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     104-201
 1997 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     105-85
 1998 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     105-261
 1999 (title XXXV)..........................................
Panama Canal Commission Authorization Act for Fiscal Year     106-65
 2000 (title XXXV)..........................................
Par Value Modification Act..................................  92-268
Par Value Modification Act--Foreign Currency Reports (title   93-110
 II)........................................................
Peace Corps Act.............................................  87-293
Peace Corps Act Amendments..................................  89-134
Peace Corps Authorization for Fiscal Years 1986 and 1987      99-83
 (title XI).................................................
Peace Corps Authorization for Fiscal Year 1993..............  102-565
Peace Corps Reauthorization.................................  106-30
Peace Process in Liberia....................................  102-270
Persian Gulf Conflict Supplemental Authorization and          102-25
 Personnel Benefits Act of 1991.............................
Pesticide Monitoring Improvements Act of 1988 (title IV,      100-418
 subtitle G)................................................
PLO Commitments Compliance Act of 1989 (title VIII).........  101-246
President's Emergency Food Assistance Act of 1984 (title      98-473
 III).......................................................
Primary Dealers Act of 1988 (title III, subtitle F).........  100-418
Proliferation Prevention Enhancement Act of 1999 (subtitle    106-113
 E, title XII, H.R. 3427, enacted by reference).............
Protection and Reduction of Government Secrecy Act (title     103-236
 IX)........................................................
Protection of Antarctica....................................  101-620
Protection of Foreign Missions..............................  97-418
Providing for Increased Participation by the United States    96-259
 in the Inter-American and Asian Development Banks and
 African Development Fund...................................
Quincentenary of Voyage of Christopher Columbus.............  102-472
R.M.S. Titanic Maritime Memorial Act of 1986................  99-513
Radio Broadcasting to Cuba Act..............................  98-111
Radio Free Asia Act of 1998 (title XXXIX)...................  105-261
Reaffirming North Atlantic Alliance--United States             96-9
 Commitment.................................................
Reaffirming the Unity of the North Atlantic Alliance          95-287
 Commitment.................................................
Records Relating to Nazi Warm Crimes........................  104-309
Refugee Act of 1980.........................................  96-212
Refugee Education Assistance Act of 1980....................  96-422
Release of USIA Materials to Museums........................  99-475
Release of USIA Materials: ``Fragile Ring of Life''.........  104-161
Release of USIA Materials: VOA, Radio Marti Recordings......  104-269
Research and Training for Eastern Europe and the Independent  98-164
 States of the Former Soviet Union Act of 1983 (title VIII).
Resolution To Promote Peace and Stability in the Middle East   85-7
Rhinoceros and Tiger Conservation Act of 1994...............  103-391
Rhinoceros and Tiger Conservation Act of 1998...............  105-312
Rio Grande American Canal Extension Act of 1990.............  101-438
Rio Grande Pollution Correction Act of 1987.................  100-465
Ryukyu Islands Claims Settlement Act........................  89-296
Sales of Arms to Jordan.....................................  99-162
Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)..  104-43
Secure Embassy Construction and Counterterrorism Act of 1999  106-113
 (title VI, division A, H.R. 3427, enacted by reference)....
Security Assistance Act of 1999 (title XII, H.R. 3427,        106-113
 enacted by reference)......................................
Security Assistance Act of 2000.............................  106-280
Shark Finning Prohibition Act...............................  106-557
Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted  106-113
 by reference)..............................................
Small Business International Trade and Competitiveness Act    100-418
 (title VII)................................................
South African Democratic Transition Support Act of 1993.....  103-149
South Pacific Tuna Act of 1988..............................  100-330
Soviet Nuclear Threat Reduction Act of 1991 (title II)......  102-228
Soviet Scientists Immigration Act of 1992...................  102-509
Special Drawing Rights Act..................................  90-349
Special Foreign Assistance Act of 1971......................  91-652
Special Foreign Assistance Act of 1986......................  99-529
Special International Security Assistance Act of 1979.......  96-35
Spoils of War Act of 1994 (title V, part B).................  103-236
State Department Basic Authorities Act of 1956..............  84-885
State Department/USIA Authorization Act, Fiscal Year 1975...  93-475
Steel Import Stabilization Act (title VIII).................  98-573
Strategic and Critical Materials Transaction Authorization    96-175
 Act of 1979................................................
Striped Bass Conservation, Atlantic Coastal Fisheries         106-555
 Management and Marine Mammal Rescue Assistance Act of 2000.
Strom Thurmond National Defense Authorization Act for Fiscal  105-261
 Year 1999..................................................
Supplemental Appropriations Act of 1993.....................  103-50
Supplemental Appropriations Act, 1984.......................  98-181
Supplemental Appropriations Act, 1985.......................  99-88
Support for East European Democracy (SEED) Act of 1989......  101-179
Support for Overseas Cooperative Development Act (sec. 401).  106-309
Survival Assistance for Victims of Civil Strife in Central    101-215
 America....................................................
Sustainable Fisheries Act...................................  104-297
Taiwan Relations Act........................................   96-8
Tariff Act of 1930..........................................  71-361
Tariff Suspension and Trade Act of 2000.....................  106-476
Telecommunications Trade Act of 1988 (title I, subtitle C,    100-418
 part 4)....................................................
Termination of Trade Restrictions to Czechoslovakia and       102-182
 Hungary....................................................
To Provide for an Investigation of the Whereabouts of U.S.    103-372
 Citizens Missing From Cyprus Since 1974....................
Tonkin Gulf Resolution......................................  88-408
Torture Victim Protection Act of 1991.......................  102-256
Torture Victims Relief Reauthorization Act of 1999..........  106-87
Tourism Policy and Export Promotion Act of 1992.............  102-372
Trade Act of 1974...........................................  93-618
Trade Agreements Act of 1979................................  96-39
Trade and Development Act of 2000...........................  106-200
Trade and Development Enhancement Act of 1983 (title VI,      98-181
 part C)....................................................
Trade and Tariff Act of 1984................................  98-573
Trade Deficit Review Commission Act (division A, sec. 127)..  105-277
Trade Expansion Act of 1962.................................  87-794
Trade Sanctions Reform and Export Enhancement Act of 2000     106-387
 (title IX).................................................
Trading With the Enemy Act..................................  65-91
Trafficking Victims Protection Act of 2000 (division A).....  106-386
Trans-Alaska Pipeline Authorization Act.....................  93-153
Trust Territory of the Pacific Islands Act..................  92-257
Tuna Conventions Act of 1950................................  81-764
U.S.-China Relations Act of 2000............................  106-286
U.S. Holocaust Assets Commission Act of 1998................  105-186
U.S.-U.S.S.R. Fishing Agreement.............................  100-629
United Nations Environment Program Participation Act of 1973  93-188
United Nations Headquarters Agreement Act...................  80-357
United Nations Participation Act of 1945....................  79-264
United Nations Reform Act of 1998 (division F, subdivision    105-277
 C).........................................................
United Nations Reform Act of 1999 (title IX, division A,      106-113
 H.R. 3427, enacted by reference)...........................
United States-Canada Free Trade Agreement Implementation Act  100-449
 of 1988....................................................
United States Government Opposition to the Practice of        98-447
 Torture....................................................
United States Group of the North Atlantic Treaty              84-689
 Parliamentary Conferences--Participation Resolution........
United States-Hong Kong Policy Act of 1992..................  102-383
United States-India Fund for Cultural, Educational, and       98-164
 Scientific Cooperation Act (title IX)......................
United States Information Agency Authorization for Fiscal     94-350
 Year 1977 (title II).......................................
United States Information Agency Authorization for Fiscal     95-105
 Year 1978 (title II).......................................
United States Information Agency Authorization Act, Fiscal    97-241
 Years 1982 and 1983 (title III)............................
United States Information Agency Authorization Act, Fiscal    98-164
 Years 1984 and 1985 (title II).............................
United States Information Agency Authorization Act, Fiscal    99-93
 Years 1986 and 1987 (title II).............................
United States Information Agency Authorization Act, Fiscal    100-204
 Years 1988 and 1989 (title II).............................
United States Information and Educational Exchange Act of     80-402
 1948.......................................................
United States Institute for Peace Act (title XVII)..........  98-525
United States International Broadcasting Act of 1994 (title   103-236
 III).......................................................
United States-Israel Free Trade Area Implementation Act of    99-47
 1985.......................................................
United States-Japan Fishery Agreement Approval Act of 1987..  100-220
United States-Korea Fishery Agreement.......................  100-66
United States-Macau Policy Act of 2000 (title II)...........  106-570
United States Policy Toward Haiti...........................  103-423
United States Recognition and Participation in International  91-269
 Expositions................................................
United States Scholarship Program for Developing Countries    99-93
 Authorization, Fiscal Years 1986 & 1987 (title VI).........
Urgent Assistance for Democracy in Panama Act of 1990.......  101-243
Uruguay Rounds Agreements Act...............................  103-465
Victims of Terrorism Compensation Act (title VIII)..........  99-399
Victims of Trafficking and Violence Protection Act of 2000..  106-386
Vietnam Education Foundation Act of 2000 (title II).........  106-554
Visa for Officials of Taiwan................................  103-416
War Powers Resolution.......................................  93-148
Weapons of Mass Destruction Control Act of 1992 (title XV)..  102-484
Western Hemisphere Drug Elimination Act (division C, title    105-277
 VIII)......................................................
Western Hemisphere Drug Elimination Technical Corrections     106-35
 Act........................................................
Whaling Convention Act of 1949..............................  81-676
Wild Bird Conservation Act of 1992..........................  102-440
Wine Equity and Export Expansion Act of 1984 (title IX).....  98-573
Withdrawal of MFN From Serbia and Montenegro................  102-420
World Food Day..............................................  103-108
Yukon River Salmon Act of 1995 (title VII)..................  104-43
Yukon River Salmon Act of 2000..............................  106-450
------------------------------------------------------------------------

                            USE OF THE INDEX

                              ----------                              _

    The index is organized by subject matter only. Each subject 
entry also includes the legal citation indicating the document 
to which it refers. These legal citations were not chosen on 
the basis of standard legal citation form, but rather for the 
amount of information they provided and for convenience in 
producing a computer-printed index. A list of abbreviations 
used in the legal citation section of the index appears below:

                  Art--Article
                  CFR--Code of Federal Regulations
                  EO--Executive Order
                  fn--Footnote
                  FR--Federal Register
                  G.A. Res.--General Assembly Resolution (U.N.)
                  H Con Res--House Concurrent Resolution
                  HR--House Bill
                  H Res--House Resolution
                  M/L--Memoranda/Letter
                  PL--Public Law
                  RP--Reorganization Plan
                  S--Senate Bill
                  S Con Res--Senate Concurrent Resolution
                  S Res--Senate Resolution
                  Sec--Section
                  Stat--United States Statutes at Large
                  USC--United States Code

    Page references, wherever possible, indicate the exact page 
on which mention of the entry is made. Entries of a more 
general nature that refer to a large section or to an entire 
document are listed with the page on which the reference 
begins.




                               I N D E X

                              ----------                              




                                    A

Abortions
  Forced
    Foreign nationals involved in..  PL 106-113 Sec 801....       158
Achille Lauro
  Punishment of hijackers..........  PL 99-177.............       989
Acid rain
  Canada-U.S. relations
    Sense of Congress..............  PL 98-164 Sec 1008....       493
Act to Combat International          PL 98-533.............       990
 Terrorism, 1984.
Admiral James W. Nance and Meg       PL 106-113............       116
 Donovan Foreign Relations
 Authorization Act, Fiscal Years
 2000 and 2001.
Adoptions
  Intercountry
    Accreditation and approval.....  PL 106-279 Sec 201-204      2294
    Report to Congress.............  PL 106-279 Sec 104....      2293
Advisory Board for Cuba              PL 98-111 Sec 5.......      1531
 Broadcasting.
Advisory Board on Arms
 Proliferation Policy
  Established......................  EO 12946 Sec 1........      1790
                                     PL 103-160 Sec 1601(c)      1981
Advisory Committee for Studies of    PL 98-164 Sec 804.....      1429
 Eastern Europe and the Independent
 States of the Former Soviet Union.
Advisory Committee on Historical     PL 84-885 Sec 402(B)..       103
 Diplomatic Documentation.
  Establishment of.................  PL 84-885 Sec 406.....       106
Advisory Panel on Overseas Security
  Report to Congress...............  PL 99-399 Sec 407.....       913
Afghanistan-U.S. relations
  Occupation by Soviet Union
    U.S. policy toward.............  PL 100-204 Sec 1242...       447
  U.S. policy toward
    Findings of Congress...........  PL 99-399 Sec 1308....       942
Africa-U.S. relations
  Cuban troops
    Findings by Congress...........  PL 95-426 Sec 613.....       530
  Educational and cultural exchange
   programs
    Appropriations authorization,    PL 106-113 Sec               130
     2000-2001.                       104(a)(1)(B).
  Refugee assistance...............  PL 95-426 Sec 107.....       518
Africa, Economic Commission for
  Using U.S. contribution to United  PL 98-164 Sec                485
   Nations.                           114(a)(7).
Agency for International
 Development
  Administrator of
    Reporting to Secretary of State  PL 105-277 Sec 1522...       764
  Reorganization date..............  PL 105-277 Sec 1501...       764
  Reorganization plan..............  PL 105-277 Sec 1601(d)       767
  Reorganization plan modification.  PL 105-277 Sec 1601(e)       767
  Transfer of functions............  PL 105-277 Sec 1511...       764
Aging
  U.N. assembly on.................  PL 98-164 Sec 119.....       487
Agreement on State and Local         PL 103-236 Sec 421....       243
 Taxation of Foreign Employees of
 Public International Organizations.
Aliens
  Cuban
    Status adjustment..............  PL 106-554 Sec 1505(a)      1336
  Cuban nationals
    Eligible for status adjustment.  PL 105-100 Sec 202(b).      1181
  Haitian
    Status adjustment..............  PL 106-554 Sec 1505(b)      1337
  Haitian nationals
    Eligible for status adjustment.  PL 105-277 Sec 902(b).      1175
  Immigration and Nationality Act
    China..........................  PL 102-404............      1194
    Excludability under............  PL 102-138 Sec 128....       309
  Nicaraguan
    Status adjustment..............  PL 106-554 Sec 1505(a)      1336
  Nicaraguan nationals
    Eligible for status adjustment.  PL 105-100 Sec 202(b).      1181
  Permanent U.S. residence
    Eligibility for................  PL 101-167 Sec 599E...      1209
  POW/MIA
    Korean War.....................  PL 106-484 Sec 3......      1164
    Vietnam War....................  PL 106-484 Sec 2......      1163
  Soviet Union (former)
    U.S. admissibility adjustment..  PL 101-167 Sec 599E...      1209
  Soviet Union
    Status adjustment..............  PL 101-167 Sec 599E...      1209
  Syrian nationals
    Eligible for status adjustment.  PL 106-378 Sec 2(b)...      1167
  Undocumented
    Interdiction of................  EO 12807..............      1170
Ambassadors
  (see also Chief of mission)
  (see also Foreign ministers)
  Qualifications
    Sense of Congress..............  PL 84-885 Sec 18......        46
  Representing the United States in  PL 79-264 Sec 2.......      2221
   United Nations.
American Institute in Taiwan
  Appropriations authorization.....  PL 106-212 Sec 3......      2129
  Findings of Congress.............  PL 106-212 Sec 2......      2129
American Institute in Taiwan         PL 106-212 Sec 1......      2129
 Facilities Enhancement Act.
American Institute of Taiwan
  Appropriations, 2001.............  PL 106-553 Title IV...       562
  Employment of U.S. personnel.....  PL 96-8 Sec 11........      2125
  Services to U.S. citizens........  PL 96-8 Sec 7.........      2123
  Taiwan-U.S. relations............  PL 96-8 Sec 6.........      2123
  Tax exempt status................  PL 96-8 Sec 8.........      2123
American Korean War POW/MIA
  Alien asylum program.............  PL 106-484 Sec 3......      1164
American Overseas Schools Program..  PL 87-256 Sec               1366
                                      112(a)(5).
American Studies Program...........  PL 87-256 Sec               1366
                                      112(a)(6).
American Vietnam War POW/MIA
  Alien asylum program.............  PL 106-484 Sec 2......      1163
American-Australian Bicentennial
 Foundation
  Grant to.........................  PL 99-93 Sec 106......       459
Angola-U.S. relations
  Conflict in
    U.S. policy toward.............  PL 100-204 Sec 1222...       441
  Diamond importation or
   consumption
    Restrictions on................  PL 106-553 Sec 406....       566
  Tripartite Agreement
    Reports to Congress............  PL 101-246 Sec 417....       374
                                     PL 101-246 Sec 417(c).       375
Anti-Ballistic Missile Treaty
  Review of
    Sense of Congress..............  PL 100-456 Sec 904....      2024
  Violation of by Soviet Union
    Sense of Congress..............  PL 101-189 Sec 1006...      2014
                                     PL 100-180 Sec 902....      2032
Anti-Economic Discrimination Act of  PL 103-236 Sec 561....       269
 1994.
Antisatellite weapons
  Limitations on
    Reports to Congress............  PL 101-189 Sec 1009...      2017
  Survivability
    Report to Congress.............  PL 101-189 Sec 1008...      2016
Antiterrorism and Effective Death    PL 104-132............       962
 Penalty Act of 1996.
Arab League
  Boycott of Israel
    Contracts prohibition..........  PL 103-236 Sec 565....       270
  Defense articles
    Sales and leases prohibitions..  PL 103-236 Sec 564....       269
Archaeological material
  Convention on....................  PL 97-446.............      1455
  Import restrictions..............  PL 97-446 Sec 307.....      1465
Argentina-U.S. relations
  Nuclear materials
    Export of......................  PL 98-164 Sec 1007....       492
Arm transfers
  Foreign countries
    Sense of Congress..............  PL 103-236 Sec 504....       248
  United Nations Register of
   Conventional Arms
    Sense of Congress..............  PL 103-236 Sec 504....       248
Armed forces
  (see Military)
Arms control
  Advisory Board on Arms
   Proliferation Policy
    Established....................  EO 12946 Sec 1........      1790
                                     PL 103-160 Sec 1601(c)      1981
  Agreements
    U.S. support of................  PL 98-525 Sec 1110....      2052
  Agreements on
    Implementation of..............  PL 104-106 Sec 1407...      1972
  Agreements verification
    Verification assets fund.......  PL 106-113 Sec 1111...      1571
  Anti-ballistic missiles
    Treaty with the Soviet Union...  PL 106-553 Sec 624....       568
  Authorization of appropriations
    Counterproliferation activities  PL 103-337 Sec 1504...      1975
  Ballistic missiles defense
    Sense of Congress..............  PL 101-189 Sec 1005...      2014
  Ballistic missiles deployment
   capability
    Report to Congress.............  PL 101-189 Sec 1004...      2013
  Chemical and biological weapons
    Sanctions......................  EO 12851..............      1784
    U.S. export control............  PL 102-182 Sec 304....      1774
  Chemical and biological weapons
   programs
    Multilateral controls on.......  PL 102-182 Sec 303....      1772
    Verification...................  PL 98-525 Sec 1109....      2051
  Chemical Weapons Convention
    Sense of Congress on             PL 104-106 Sec 1406...      1971
     ratification.
  China
    Reports to Congress............  PL 102-138 Sec 324....       330
    Weapons proliferation..........  EO 12851 Sec 4........      1786
  Compliance issues
    Standing Consultative            PL 100-213 Sec 3......      1580
     Commission.
Arms control--Continued
  Compliance with
    Verification...................  PL 101-510 Sec 1443...      2008
                                     PL 101-189 Sec 1010...      2018
  Compliance with existing
   agreements
    Sense of Congress..............  PL 99-145 Sec 1001....      2041
  Counter proliferation policy of    PL 103-160 Sec 1603...      1982
   the United States.
  Counterproliferation programs
    Authorizations transfers.......  PL 105-85 Sec 1304....      1946
  Defined..........................  PL 87-297 Sec 103.....      1551
  Developments
    Reports to Congress............  PL 105-261 Sec 1501...      1928
  Exports
    Technology control.............  PL 101-510 Sec 1701...      2009
  Findings of Congress.............  PL 101-510 Sec 1442...      2008
                                     PL 100-180 Sec 904....      2034
  Former Soviet Union..............  PL 102-511 Sec 501....      1640
    Foreign aid eligibility........  PL 102-511 Sec 502....      1641
    Nonproliferation and             PL 102-511 Sec 504....      1643
     disarmament fund.
  Global weapons proliferation
    Study on.......................  PL 103-160 Sec 1601...      1980
  ICBMs
    Report to Congress.............  PL 101-189 Sec 1002...      2012
  Implementation and compliance      PL 101-216 Sec 104....      1578
   resolution.
  INF
    Report to Congress.............  PL 101-510 Sec 1443...      2008
  International activities
    Support for....................  PL 102-511 Sec 509....      1646
  Iran-Iraq
    U.S. policy....................  PL 102-484 Sec 1602...      1767
  Land mines
    Export moratorium..............  PL 102-484 Sec 1365...      1998
    Moratorium on transfers abroad.  PL 102-484 Sec 1365(c)      1999
  Middle East
    Findings of Congress...........  PL 102-138 Sec 401....       336
    Weapons proliferation..........  EO 12851 Sec 3........      1786
  Middle East and Persian Gulf
   region
    Reports to Congress............  PL 102-138 Sec 404....       340
  Military consequences of
    Report to Congress.............  PL 100-180 Sec 905....      2035
  Missile technology
    Multilateral export controls...  PL 101-510 Sec 1701...      2009
  Missile Technology Control Regime  PL 100-180 Sec 901....      2031
  Missiles
    Sanctions......................  EO 12851..............      1784
  Negotiations
    U.S. policy on.................  PL 101-189 Sec 1011...      2018
  Nuclear risk reduction centers
    Congressional support for......  PL 100-180 Sec 907....      2036
    Sense of Congress..............  PL 101-510 Sec 1441...      2006
                                     PL 98-525 Sec 1108....      2049
    Sense of Congress in support of  PL 99-661 Sec 1004....      2039
  Nuclear testing
    Sense of Congress..............  PL 99-661 Sec 1002....      2037
  Nuclear winter
    Report to Congress.............  PL 98-525 Sec 1107....      2049
  On-Site Inspection Agency........  PL 101-189 Sec 1014(b)      2021
  On-site inspections..............  PL 101-189 Sec 1014...      2020
    Report to Congress.............  PL 100-456 Sec 909....      2028
  Research and development
   coordination
    Report to Congress.............  PL 103-236 Sec 711....      1577
  Russia
    Strategic missiles.............  PL 105-85 Sec 1301....      1941
  SALT II sublimits
    Continued compliance with......  PL 99-661 Sec 1001....      2037
Arms control--Continued
  Secretary of Defense
    Counterproliferation activities  PL 103-337 Sec 1503...      1974
  Seismological data
    Public availability............  PL 106-113 Sec 1116...      1574
  Sense of Congress................  PL 103-236 Sec 702....      1576
  Soviet compliance
    Report to Congress.............  PL 98-525 Sec 1106....      2048
  Soviet Union compliance
    Report to Congress.............  PL 101-510 Sec 1443...      2008
                                     PL 100-180 Sec 903....      2033
                                     PL 99-145 Sec 1002....      2043
  Soviet Union-U.S. relations
    Nuclear Testing Talks..........  PL 102-190 Sec 3140...      2004
    Report to Congress.............  PL 102-190 Sec 3142...      2005
    Sense of Congress..............  PL 93-126 Sec 16......       554
    Warhead dismantlement program..  PL 102-190 Sec 3141...      2004
  Standing Consultative Commission
    Sense of Congress..............  PL 100-213 Sec 3......      1580
  START
    Alternate U.S. posture.........  PL 100-456 Sec 908....      2027
    Sense of Congress..............  PL 101-510 Sec 1442...      2008
                                     PL 101-189 Sec 1003...      2012
                                     PL 100-456 Sec 902....      2024
    SS-23 INF missile..............  PL 101-510 Sec 1443...      2008
    Trident submarine force........  PL 101-189 Sec 1001...      2011
  START II Treaty
    Sense of Congress..............  PL 106-65 Sec 1502....      1925
    Sense of Congress on             PL 104-106 Sec 1406...      1971
     ratification.
    Strategic stability under......  PL 106-65 Sec 1503....      1926
                                     PL 106-65 Sec 1503....      1926
  START Treaty and START II Treaty
   issues
    Report to Congress.............  PL 106-113 Sec 1114...      1573
  Strategic defense programs
    Report to Congress.............  PL 98-525 Sec 1101....      2046
  Strategic nuclear delivery
   systems
    Limitations on retirement or     PL 105-85 Sec 1302....      1942
     dismantlement.
  Tactical nuclear warheads
   reduction
    Report to Congress.............  PL 98-525 Sec 1104....      2048
  Test ban treaties
    Ratification of................  PL 98-525 Sec 1111....      2054
  Theater nuclear weapons
    Report to Congress.............  PL 98-525 Sec 1103....      2046
  U.S. counter force capability
    Report to Congress.............  PL 98-525 Sec 1105....      2048
  U.S. counter proliferation
   programs
    Sense of Congress..............  PL 103-160 Sec 1604...      1983
  U.S. negotiating team
    Constructing new building......  PL 99-93 Sec 705......      1582
  U.S. non-compliance
    Report to Congress.............  PL 99-661 Sec 1003....      2038
  U.S. policy
    Sense of Congress..............  PL 100-456 Sec 903....      2024
  U.S. position
    Report to Congress.............  PL 100-180 Sec 906....      2036
  U.S. programs
    Counterproliferation Program     PL 103-160 Sec 1605...      1984
     Review Committee.
  U.S. strategy
    Report to Congress.............  PL 100-456 Sec 906....      2025
  Verification
    Working group on...............  PL 101-216 Sec 105....      1578
  Verification and Compliance,       PL 106-113 Sec 1112...      1571
   Assistant Secretary of State for.
  Verification capabilities
    Study on.......................  PL 99-145 Sec 1003....      2043
Arms control--Continued
  Verification policy coordination
    Report to Congress.............  PL 100-456 Sec 910....      2029
  Visiting scholar program.........  PL 87-297 Sec 202.....      1552
Arms control and disarmament
  Agreements
    Records on.....................  PL 87-297 Sec 307.....      1558
    Verification of................  PL 87-297 Sec 306.....      1557
  Arms sales
    Annual report..................  PL 87-297 Sec 404.....      1556
  Government agency proposals
    Information on.................  PL 87-297 Sec 305.....      1556
  International negotiations
    Responsibilities of Secretary    PL 87-297 Sec 304.....      1555
     of State.
  Negotiations
    Special Representative of the    PL 87-297 Sec 201.....      1552
     President.
  On-site inspection activities
    Findings of Congress...........  PL 87-297 Sec 501.....      1556
  On-Site Inspection Agency
    Interagency coordination.......  PL 87-297 Sec 502.....      1567
    Report to Congress.............  PL 87-297 Sec 503.....      1568
  Patents..........................  PL 87-297 Sec 302.....      1554
  Policy formulation...............  PL 87-297 Sec 303.....      1555
  Records on
    Established and maintained.....  PL 87-297 Sec 307.....      1558
  Secretary of State
    Advisory boards................  PL 87-297 Sec 401(f)..      1561
    Functions......................  PL 87-297 Sec 301-308.      1553
    Research activities............  PL 87-297 Sec 301.....      1553
  Special Representatives of the     PL 87-297 Sec 201.....      1552
   President.
  U.S. policy
    Authority of Secretary of State  PL 87-297 Sec 304(b)..      1556
  Visiting scholar program.........  PL 87-297 Sec 202.....      1552
Arms Control and Disarmament Act...  PL 87-297.............      1547
  Appropriations authorization, FY   PL 105-277 Title XXVI.      1575
   1999.
  Definitions......................  PL 87-297 Sec 504.....      1568
  Functions........................  PL 87-297 Sec 102.....      1547
  Purpose..........................  PL 87-297 Sec 102.....      1547
  Repeals..........................  PL 105-277 Sec 1221...       752
Arms Control and Disarmament Agency
  Abolition of.....................  PL 105-277 Sec 1211...       750
  Arms control
    Verification...................  PL 101-216 Sec 105....      1579
  Authorization of appropriations,   PL 103-236 Sec 106....       223
   1994-1995.
  Classified information security
    Report to Congress.............  PL 100-213 Sec 6......      1581
  Defense industry conversion
    Report to Congress.............  PL 101-216 Sec 106....      1579
  Functions transferred to           PL 105-277 Sec 1211...       750
   Secretary of State.
  References to the Secretary of     PL 105-277 Sec 1221...       752
   State.
Arms Control and Disarmament         PL 100-213 Sec 1......      1580
 Amendments Act of 1987.
Arms Control and Disarmament         PL 101-216............      1578
 Amendments Act of 1989.
Arms Control and Nonproliferation    PL 103-236 Sec 701....      1576
 Act of 1994.
Arms Control, Nonproliferation, and  PL 106-113 Sec 1001...      1570
 Security Assistance Act of 1999.
  Definitions......................  PL 106-113 Sec 1002...      1570
Arms export controls
  Anti-personnel land mines........  PL 102-484 Sec 1365...      1998
  Nonproliferation matters
    Authorities....................  PL 103-236 Sec 714....      1577
Arms sales (U.S.)
  Kuwait
    Operation Desert Shield/Desert   PL 102-229 Sec 104....      1663
     Storm commitments.
  Middle East
    Limitation on..................  PL 102-138 Sec 403....       340
    Policy on......................  PL 102-138 Sec 322....       329
  Saudi Arabia
    Operation Desert Shield/Desert   PL 102-229 Sec 104....      1663
     Storm commitments.
Arms sales
  Certain persons
    Sanctions against..............  PL 102-484 Sec 1604...      1768
  Foreign countries
    Sanctions against..............  PL 102-484 Sec 1605...      1768
  Iraq
    Report to Congress.............  PL 102-484 Sec 1607...      1769
  Missiles and missile technology
    U.S. policy on.................  PL 101-510 Sec 1701...      2009
  Persian Gulf
    Findings of Congress...........  PL 102-138 Sec 401....       336
Art
  (see Educational and cultural
   exchange)
Arts America Program...............  PL 87-256 Sec               1367
                                      112(a)(9).
Asia
  Radio broadcasting to
    Appropriations authorization...  PL 105-277 Sec 2401(6)      1259
Asia Foundation
  Annual grant Secretary of State..  PL 98-164 Sec 403.....      1213
  Appropriations, 2001.............  PL 106-553 Title IV...       564
  Authorization of appropriations,   PL 98-164 Sec 404.....      1213
   1986-1987.
  Authorization of appropriations,   PL 102-138 Sec 105....       306
   1992-1993.
  Authorization of appropriations,   PL 103-236 Sec 105(2).       223
   1994-1995.
  Findings of Congress.............  PL 98-164 Sec 402.....      1212
  Grants
    Appropriations authorization,    PL 105-277 Sec 2103...       175
     1998-1999.
  Grants to
    Appropriations authorization,    PL 106-113 Sec 105....       131
     2000-2001.
  U.S. contribution, 1982-1983.....  PL 97-241 Sec 111.....       503
Asia Foundation Act                  PL 98-164 Sec 401.....      1212
Asia-Pacific region
  Economic and military security in  PL 106-570 Sec 402....       112
  Missile threats
    Response to....................  PL 105-261 Sec 1533...      1939
  Pacific Charter Commission Act of  PL 106-570 Sec 402....       112
   2000.
Asian-Pacific Economic Cooperation
 Organization (APEC)
  U.S. membership in...............  PL 103-236 Sec 424....       244
Asian-Pacific Regional Human Rights
 Convention
  Report to Congress...............  PL 100-204 Sec 747....       430
Association of Democratic Nations
  Establishment of.................  PL 101-246 Sec 1005...       392
Asylum
  Seekers detained
    Report to Congress.............  PL 105-277 Sec 904(b).      1178
Atomic energy
  Berlin-U.S. cooperation..........  PL 83-703 Sec 125.....      1852
  Byproduct material
    Distribution...................  PL 83-703 Sec 81-84...      1836
  Congressional findings...........  PL 83-703 Sec 2.......      1821
Atomic energy--Continued
  Convention on the Physical
   Security of Nuclear Material
    Suspending cooperation.........  PL 83-703 Sec 132.....      1869
  Defined..........................  PL 83-703 Sec 11(c)...      1823
  EURATOM
    U.S. liability.................  PL 85-846 Sec 7.......      1900
    U.S. purchase from.............  PL 85-846 Sec 6.......      1899
    U.S. sale to...................  PL 85-846 Sec 5.......      1899
  Europe-U.S. cooperation..........  PL 85-846.............      1897
  Export licensing procedure.......  PL 83-703 Sec 126.....      1852
  Export of
    Congressional review...........  PL 83-703 Sec 130.....      1960
    Criteria.......................  PL 83-703 Sec 127-128.      1857
    Requirements...................  PL 95-242 Sec 402.....      1803
    Termination....................  PL 83-703 Sec 129.....      1859
  Exports
    Defense Department cooperation.  PL 83-703 Sec 133.....      1869
    Restrictions on................  PL 83-703 Sec 134.....      1870
    Subsequent arrangements........  PL 83-703 Sec 133.....      1869
  India
    Exporting nuclear materials to.  EO 12055..............      1816
  Information control..............  PL 83-703 Sec 141-145.      1870
                                     PL 83-703 Sec 148.....      1877
  Information for Congress.........  PL 83-703 Sec 303.....      1881
  International arrangement
    Defined........................  PL 83-703 Sec 11(n)...      1824
  International Atomic Energy
   Agency
    U.S. participation in..........  PL 85-177 Sec 3.......      1905
  International atomic pool........  PL 83-703 Sec 124.....      1852
  International cooperation........  PL 95-242 Sec 404.....      1805
                                     PL 83-703 Sec 123.....      1847
                                     EO 10841..............      1911
    Information exchange...........  PL 83-703 Sec 144.....      1872
  License issuance.................  PL 83-703 Sec 102-103.      1843
  License required.................  PL 83-703 Sec 101.....      1842
  Medical therapy..................  PL 83-703 Sec 104.....      1844
  Military application.............  PL 83-703 Sec 91-92...      1841
  Non-military application
    International cooperation......  PL 83-703 Sec 124.....      1852
  Nuclear fuel supply..............  PL 95-242 Sec 101-105.      1797
    International cooperation......  PL 95-242 Sec 104.....      1798
  Nuclear incident
    Defined........................  PL 83-703 Sec 11(q)...      1825
  Nuclear Regulatory Commission
    Licensing......................  PL 83-703 Sec 111.....      1846
  Peaceful uses of.................  PL 95-242 Sec 403.....      1803
  Restricted data..................  PL 83-703 Sec 141-145.      1870
    CIA transmission of............  EO 10899..............      1910
    Defined........................  PL 83-703 Sec 11(y)...      1827
    Restrictions on................  PL 83-703 Sec 145.....      1875
    State Department transmission    EO 11057..............      1909
     of.
  Safeguards information
    Protection of..................  PL 83-703 Sec 147.....      1875
  Source material
    Defined........................  PL 83-703 Sec 11(z)...      1827
    Foreign distribution...........  PL 83-703 Sec 64......      1835
    Reports to Congress............  PL 83-703 Sec 61......      1835
    Transfer of....................  PL 83-703 Sec 62......      1835
  Special nuclear material.........  PL 83-703 Sec 51......      1829
    Acquisition of.................  PL 83-703 Sec 55......      1831
    Defined........................  PL 83-703 Sec 11(aa)..      1827
    Foreign distribution of........  PL 83-703 Sec 54......      1829
    Prohibitions...................  PL 83-703 Sec 57......      1832
    Review by Congress.............  PL 83-703 Sec 58......      1834
  Subsequent arrangements..........  PL 83-703 Sec 131.....      1864
  U.S. policy declaration..........  PL 83-703 Sec 1.......      1821
  United States Enrichment           PL 83-703 Title II....      1882
   Corporation.
Atomic energy--Continued
  Uranium
    Transfers and sales............  PL 104-134 Sec 3112...      1888
Atomic Energy Act of 1954            PL 83-703.............      1819
                                     PL 83-703 Note........      1820
  Definitions......................  PL 83-703 Sec 11......      1823
  Purpose of Act...................  PL 83-703 Sec 3.......      1822
Atomic Energy Commission
  Information control
    Reports to Congress............  PL 83-703 Sec 147e....      1876
  Nuclear weapons
    Military application...........  PL 83-703 Sec 91......      1841
  Safeguards information
   regulations
    Reports to Congress............  PL 83-703 Sec 147d....      1876
Attorney General
  Authorization for physical         PL 95-511 Sec 302.....       805
   searches in the United States.
  Nationals of the People's
   Republic of China
    Enforced departure of..........  EO 12711..............      1204
Automated Export System
  Definitions......................  PL 106-113 Sec 1256...      1685
Automated Visa Lookout System
  Correction of
    Report to Congress.............  PL 102-138 Sec 128....       309
  Upgrade implementation...........  PL 103-236 Sec 140(b).       228


                                    B

Ballistic missiles
  Elimination of
    Report to Congress.............  PL 100-180 Sec 905....      2035
  Threats to North America
    CIA review of..................  PL 104-201 Sec 1311...      1964
  Threats to the United States
    Commission to assess...........  PL 104-201 Sec 1321...      1965
  Treaty violations by Soviet Union
    Sense of Congress..............  PL 104-106 Sec 1405...      1969
  Treaty with Soviet Union
    Implementation restrictions....  PL 106-553 Sec 624....       568
Baltic States-U.S. relations
  Scientists
    Immigration to the United        PL 102-509 Sec 2......      1206
     States.
Beirut Agreement of 1949
  (see also Educational and
   cultural exchange, importing
   material)
  Audio-visual materials...........  PL 89-634.............      1449
  Implementation of................  PL 89-634.............      1449
                                     EO 11311..............      1451
Benjamin Franklin House Museum and
 Library
  Support for......................  PL 101-246 Sec 1004...       391
Berlin
  (see also Germany-U.S. relations)
Bilateral Destruction Agreement
  Russia
    Chemical weapons destruction...  PL 105-261 Sec 1304...      1603
Biological and chemical weapons use
  Sanctions against foreign          EO 12938 Sec 5........      1790
   countries.
Biological weapons
  Anti-Terrorism Act of 1989.......  18 USC fn.............       981
  Control of
    Findings of Congress...........  PL 104-132 Sec 511....       968
  Convention on
    Implementation of..............  18 USC fn.............       981
  Findings of Congress.............  PL 106-113 Sec 1123...      1677
Biological weapons--Continued
  Prohibition enforcement
    Request for military assistance  18 USC 175a...........       982
  Prohibitions on..................  18 USC 175............       981
    Civil actions..................  18 USC 175............       981
  Responding to use of
    Training facilities............  PL 104-132 Sec 521....       970
  Seizure, forfeiture, and           18 USC 176............       982
   destruction.
  Use or threatened use of
    Emergency response to..........  PL 104-201 Sec 1413...      1736
Biological Weapons Convention
  President
    Trial investigations and visits  PL 106-113 Sec 1124...      1678
Blair House
  Fees received for use of
    Use of fees....................  PL 84-885 Sec 46......        76
Board for International
 Broadcasting
  (see also Radio Free Europe and
   Radio Liberty)
  Appropriations authorization,      PL 100-204 Title V....      1509
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 301....      1507
   1990-1991.
  Task force on broadcasting to      PL 99-93 Sec 306......      1512
   Soviet Jewry.
Board for International              PL 97-241 Sec 401.....      1515
 Broadcasting Authorization Act,
 Fiscal Years 1982 and 1983
Board for International              PL 98-164 Sec 301.....      1513
 Broadcasting Authorization Act,
 Fiscal Years 1984 and 1985
Board for International              PL 99-93 Sec 304......      1510
 Broadcasting Authorization Act,
 Fiscal Years 1986 and 1987
Board of Foreign Scholarships        EO 11034 Sec 7........      1385
  Advice and assistance............  PL 99-93 Sec 608......      1402
  J. William Fulbright Foreign       PL 87-256 Sec 106(a)..      1362
   Scholarship Board.
Books, publications and documents
  (see Educational and cultural
   exchange, importing materials)
Bosnia-Herzegovina-U.S. relations
  Arms embargo
    U.S. policy on.................  PL 103-236 Sec 520....       255
  International policy.............  PL 103-337 Sec 1404(e)      1630
  Military assistance
    U.S. policy on.................  PL 103-236 Sec 521....       258
  Sense of Congress................  PL 103-337 Sec 1404...      1630
  U.N. peacekeeping operations
    Report to Congress.............  PL 103-337 Sec 1402...      1630
  U.S. policy toward...............  PL 103-337 Sec 1404(d)      1630
  U.S. unilateral policy...........  PL 103-337 Sec 1404(f)      1630
Bring Them Home Alive Act of 2000    PL 106-484............      1163
Bring Them Home Alive Program
  Information on
    International broadcasting of..  PL 106-484 Sec 4......      1165
British-American Interparliamentary
 Group
  Establishment of.................  PL 102-138 Sec 168....       316
British-American Parliamentary
 Group
  United States Group
    Authorization for..............  PL 98-164 Sec 109(b)..       482
Broadcasting
  (see also individual countries,
   radio broadcasting to)
  (see also Radio Free Europe and
   Radio Liberty)
  Capital improvements
    Appropriations authorization,    PL 106-113 Sec 121(2).      1493
     2000-2001.
    Appropriations, 2001...........  PL 106-553 Title IV...      1517
Broadcasting--Continued
  International
    Appropriations authorization,    PL 106-113 Sec 121....      1493
     2000-2001.
    Appropriations, 2001...........  PL 106-553 Title IV...      1516
    Bring Them Home Alive Program..  PL 106-484 Sec 4......      1165
    Findings of Congress...........  PL 105-277 Sec 1321...      1495
    Functions transferred from USIA  PL 105-277 Sec 1326...      1495
  Radio Free Asia
    Appropriations authorization,    PL 106-113 Sec               139
     2000-2001.                       201(a)(4).
Broadcasting Board of Governors
  Additional functions
    Cuba...........................  PL 98-111 Sec 3.......      1529
  International communications
   activities
    Appropriations, 2001...........  PL 106-553 Title IV...      1516
  Palestinian Broadcasting
   Corporations
    Funds prohibition, 2001........  PL 106-553 Title IV...      1516
  Providing materials to the         PL 106-309 Sec 407....      1491
   Institute for Media Development.
  RFE/RL privatization
    Report to Congress.............  PL 105-277 Sec 1328...      1498
  USIA
    Functions transferred to.......  PL 105-277 Sec 1326...      1495
Broadcasting to the People's
 Republic of China, Commission on
  Established......................  PL 102-138 Sec 243....      1504
Broadcasting, international
  Appropriations authorization.....  PL 103-236 Sec              1267
                                      201(a)(4).
  Findings of Congress.............  PL 103-236 Sec 302....      1475
  Report to Congress...............  PL 102-138 Sec 235....      1504
  United States
    Board of Governors.............  PL 103-236 Sec 304-305      1477
                                     PL 103-236 Sec 313....      1489
    International Broadcasting       PL 103-236 Sec 307....      1482
     Bureau.
    Standards and principles.......  PL 103-236 Sec 303....      1476
  United States International        PL 103-236 Sec 301....      1475
   Broadcasting Act of 1994.
Buildings (abroad)
  (see Foreign Service buildings)
Bulgaria-U.S. relations
  Educational and cultural exchange  PL 101-610 Sec 602....      1381
  Turkish minorities
    Forceful expulsion.............  PL 101-246 Sec 704....       377
Burden sharing
  Operation Desert Storm...........  PL 102-20 Sec 6.......       344
Bureau of International Narcotics    PL 99-93 Sec 131......       463
 Matters
Burkina Faso-U.S. relations
  Diamond importation or
   consumption
    Restrictions on................  PL 106-553 Sec 406....       566
Burma-U.S. relations
  Burmese students
    U.S. immigration and refugee     PL 101-246 Sec 703....       376
     policy.
    USIA scholarships for..........  PL 101-246 Sec 225....      1296
  Displaced persons resettlement
   aid
    Assistance authorization, 1998-  PL 105-277 Sec               189
     1999.                            2231(a)(2).
  Educational and cultural exchange  PL 106-113 Sec 401....      1252
  Educational and cultural exchange
   programs
    Scholarships...................  PL 104-319 Sec 103....      1264
                                     PL 104-319 Sec 103(b).      1264
  Sense of Congress................  PL 103-236 Sec 515....       253
Business records
  International terrorism
    Access to......................  PL 95-511 Sec 502.....       821



                                    C

Cambodia
  Grenade attack in 1997
    Report to Congress.............  PL 106-113 Sec 203....       140
  Refugees
    Status adjustment of...........  PL 95-145 Sec 101.....      1202
Cambodia-U.S. relations
  (see also Indochina War)
  Human rights.....................  PL 95-426 Sec 610.....       529
  Immigration
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
  Refugees
    Admission eligibility..........  PL 95-624 Sec 16......      1201
  Right to self determination
    Sense of Congress..............  PL 100-204 Sec 1244...       450
  Sense of Congress................  PL 103-236 Sec 515....       253
  Students
    USIA scholarships for..........  PL 103-236 Sec 238....      1272
Cambodian Genocide Investigation,    PL 103-236 Sec 573....       273
 Office of
Cambodian Genocide Justice Act.....  PL 103-236 Sec 571....       272
Canada-U.S. relations
  (see also International Joint
   Commission)
  Acid rain
    Sense of Congress..............  PL 98-164 Sec 1008....       493
  Embassy facilities in Ottawa
    Construction of................  PL 101-246 Sec 125....       352
  Environment......................  PL 95-426 Sec 612.....       530
  Improvement of...................  PL 102-138 Sec 208....      1437
  Promoting........................  PL 102-138 Sec 208(b).      1437
  Saint Lawrence Seaway toll.......  PL 95-105 Sec 110.....       535
Caribbean area-U.S. relations
  AID
    Scholarship programs for         PL 101-382 Sec 231....      1395
     disadvantaged students.
Caribbean Basin
  Economic recovery................  PL 101-382 Title II...      1395
Caribbean Community and Common
 Market (CARICOM)
  U.S. recognition of..............  PL 100-204 Sec 746....       430
Caribbean-U.S. relations
  Improvement of...................  PL 102-138 Sec 208....      1437
Case-Zablocki Act..................   1 USC 112b...........       846
  Implementation of................  22 CFR 181.1..........       848
  International agreements
    Transmittal of text to Congress  PL 100-204 Sec 139....       407
Center for Cultural and Technical
 Interchange between East and West
  (see also East-West Center)
  Appropriations authorization.....  PL 105-277 Sec 2401(8)      1260
  Appropriations authorization,      PL 106-113 Sec               131
   2000.                              104(a)(4).
  Authorization, 1990-1991.........  PL 101-246 Sec 201....      1292
  Authorization, 1992-1993.........  PL 102-138 Sec              1280
                                      201(a)(4).
  Authorization, 1994-1995.........  PL 103-236 Sec              1267
                                      201(a)(6).
Center for Cultural and Technical    PL 86-472 Sec 701.....      1439
 Interchange Between East and West
 Act of 1960.
Center for Cultural and Technical    PL 102-138 Sec 208(b).      1437
 Interchange between North and
 South.
  (see also North/South Center)
  Appropriations authorization.....  PL 105-277 Sec              1258
                                      2401(10).
                                     PL 102-138 Sec 208(e).      1438
Center for Russian Leadership
 Development
  Establishment of.................  PL 106-554 Title III..      1374
Central America-U.S. relations
  AID
    Scholarship programs for         PL 101-382 Sec 231....      1395
     disadvantaged students.
Central Intelligence Agency
  Atomic energy
    Restricted data transmission...  EO 10899..............      1910
  Director
    Responsibilities...............  EO 12333 Sec 1.5......       826
  Intelligence (foreign)
    Responsibilities...............  EO 12333 Sec 1.8......       829
  National Intelligence Estimate
   (NIE 95-19)
    Review of......................  PL 104-201 Sec 1311...      1964
  Technology acquisition by foreign
   countries
    Report to Congress.............  PL 104-293 Sec 721....      1730
Chemical and biological weapons
  Emergency response to
    Military assistance............  PL 104-201 Sec 1416...      1738
    Testing and improving..........  PL 104-201 Sec 1415...      1737
  Proliferation of
    Multilateral controls on.......  PL 102-182 Sec 303....      1772
    Sanctions......................  EO 12851 Sec 1........      1784
    U.S. export controls on........  PL 102-182 Sec 304....      1774
  Use by terrorists
    Emergency response team........  PL 104-201 Sec 1414...      1737
  Use of
    Sanctions......................  EO 12851 Sec 1........      1784
Chemical and Biological Weapons      PL 102-182 Sec 301....      1772
 Control and Warfare Elimination
 Act of 1991.
Chemical warfare
  Herbicides
    Renunciation of use............  EO 11850..............      1782
Chemical weapons
  Convention on
    Sense of Congress on             PL 104-106 Sec 1406...      1971
     ratification.
  Policy on banning................  PL 99-93 Sec 707......      1584
  Responding to use of
    Training facilities............  PL 104-132 Sec 521....       970
  Russia
    Cooperative Threat Reduction     PL 106-65 Sec 1305....      1598
     funds limitation.
  Unlawful activities
    Export privileges revocation...  PL 105-277 Sec 211....      1705
    Penalties......................  PL 105-277 Sec 201....      1699
  Use or threatened use of
    Emergency response to..........  PL 104-201 Sec 1413...      1736
  Verification programs
    Report to Congress.............  PL 98-525 Sec 1109....      2051
Chemical Weapons Convention
  Civil liability of the United      PL 105-277 Sec 103....      1693
   States.
  Environmental laws
    U.S. obligations under.........  PL 105-85 Sec 1307....      1950
  Implementation of................  EO 13128..............      1793
  Inspections......................  PL 105-277 Sec 301-310      1705
    Assistance for facilities......  PL 105-85 Sec 1303....      1945
    Report to Congress.............  PL 105-277 Sec 309....      1713
  Sanctions on foreign companies...  PL 105-277 Sec              1695
                                      103(e)(2).
  Sanctions on foreign governments.  PL 105-277 Sec              1696
                                      103(e)(3).
  United States National Authority
    Designation....................  PL 105-277 Sec 101....      1693
    Required reports...............  PL 105-277 Sec 401-405      1714
  Violations
    Penalties and enforcement......  PL 105-277 Sec 501-503      1717
Chemical Weapons Convention
 Implementation Act
  Implementation of................  EO 13128..............      1793
Chemical Weapons Convention
 Implementation Act--Continued
  Implementation of--Continued
                                     EO 13128..............      1793
Chemical Weapons Convention          PL 105-277 Sec 1......      1688
 Implementation Act of 1998
  Definitions......................  PL 105-277 Sec 3......      1689
  Reports to Congress..............  PL 106-113 Sec 1117...      1574
Chemical weapons destruction
 facility
  Russia
    Prohibition of funds for.......  PL 105-85 Sec 1405(b).      1612
Chief of Diplomatic Mission
  Functions of.....................  EO 10338..............       780
  Programs
    Coordination of................  EO 10338..............       780
Chief of Protocol
  Gifts (foreign)..................  22 CFR 3.4-3.7........      1137
Chiefs of diplomatic mission
  Salaries.........................  PL 96-465 Sec 401.....       610
Children
  Abduction
    International..................  PL 100-300............      2309
  Abduction of
    Convention on civil aspect of..  EO 12648..............      2315
  Abuses of
    Protection Project.............  PL 106-554 Sec 601....      1334
  Convention adoptions
    Certificate from the Secretary   PL 106-279 Sec 301....      2301
     of State.
    Recognition of.................  PL 106-279 Sec 301....      2301
    Records preservation...........  PL 106-279 Sec 301....      2301
  Convention on the Civil Aspects    PL 100-30 Sec 3(2)....      2310
   of International Child Abduction.
  Emigrants
    Convention adoptions...........  PL 106-279 Sec 303....      2302
  Health of
    Sense of Congress on...........  PL 98-198.............      2316
  Immigrants
    Convention adoptions...........  PL 106-279 Sec 301....      2301
  International Child Abduction      PL 100-300............      2309
   Remedies Act.
  Kidnapping or abduction
    By parents.....................  PL 105-323 Sec 202....      2308
  Refugees
    U.S. policy on overseas          PL 103-236 Sec 501....       245
     assistance.
  Trafficking victims
    Findings of Congress...........  PL 106-386 Sec 101(b).      1055
China (People's Republic of)
  (see Taiwan)
China-U.S. relations
  Agricultural attache.............  PL 94-141 Sec 106.....       549
  Atomic energy
    Cooperation on.................  PL 99-183.............      1902
  Belgrade incident
    Compensation for...............  PL 106-554 Sec 602....      1335
  Computer exports
    National security implications.  PL 106-65 Sec 1406....      1920
  Hong Kong........................  PL 101-246 Sec 901....       383
  Human rights
    Findings of Congress...........  PL 106-113 Sec 871....       163
  Human rights policies............  PL 100-204 Sec 1245...       452
  Human rights violation in Tibet..  PL 100-204 Sec 1243...       448
  Increasing trade.................  PL 99-93 Sec 807......       473
  Joint Defense Conversion           PL 104-201 Sec 1307...      1962
   Commission.
  Liaison Office
     Privileges and immunities.....  PL 92-499.............      2255
                                     PL 93-22..............      2256
China-U.S. relations--Continued
  MFN treatment
    Conditions.....................  PL 103-236 Sec 513....       251
  Military modernization
    Report to Congress.............  PL 104-201 Sec 1305...      1958
  Missile Technology Control Regime
    Adherence to...................  PL 106-65 Sec 1401....      1916
    Report to Congress.............  PL 106-65 Sec 1401(b).      1916
  Nationals in the United States
    Forced departure of............  EO 12711..............      1204
    Permanent resident status......  PL 102-404............      1194
  Nationals of the People's
   Republic of China
    Enforced departure of..........  EO 12711..............      1204
    Policy on......................  EO 12711..............      1204
  Nuclear non-proliferation
    U.S. cooperation with..........  PL 99-183.............      1902
  Pro Democracy movement
    U.S. policy on.................  PL 101-246 Sec 901....       383
  Radio broadcasting to............  PL 102-138 Sec 243....      1504
    Appropriations, 2001...........  PL 106-554 Sec 211....      1391
  Registry of prisoners
    Established by Secretary of      PL 106-113 Sec 873....       164
     State.
  Satellite exports to
    Reports to Congress............  PL 105-261 Sec 1515...      1934
  Space launches
    Information monitoring.........  PL 106-65 Sec 1405....      1920
  Technology and equipment exports
   to
    Certification to Congress......  PL 105-261 Sec 1512...      1931
  Tiananmen Square assault.........  PL 101-246 Sec 901....       383
  Tibet............................  PL 101-246 Sec 901....       383
    Sense of Congress..............  PL 102-138 Sec 355....       332
  Trade restrictions...............  PL 102-138 Sec               327
                                      303(a)(3).
  U.S. Embassies in
    Funding additional personnel...  PL 106-113 Sec 872....       164
  U.S. Foreign Service personnel
    Human rights monitors..........  PL 106-113 Sec 872....       164
  U.S. official relations with       EO 13014..............      2131
   Taiwan.
  U.S. suspension of programs and    PL 101-246 Sec 902....       387
   activities.
  UNFPA activities in
    Funds prohibition..............  PL 106-113 Sec               137
                                      108(d)(2).
    Report to Congress.............  PL 106-113 Sec               137
                                      108(d)(4).
  Weapons proliferation............  EO 12851 Sec 4........      1786
    Findings of Congress...........  PL 104-201 Sec 1306...      1959
    Report to Congress.............  PL 104-201 Sec 1306(c)      1961
    Sense of Congress..............  PL 104-201 Sec 1306(b)      1960
  Yang Wei
    Sense of Congress..............  PL 100-204 Sec 907....       437
Chinese Student Protection Act of    PL 102-404............      1194
 1992.
Citizens
  In danger of subjection to
   torture
    Involuntary return of..........  PL 105-277 Sec 2242...       189
  Passports issued to..............  22 CFR 51.2...........      1020
Citizens abroad (U.S.)
  Death of
    Conversion of estates abroad...  PL 84-885 Sec 43B.....        72
    State Department notification..  PL 84-885 Sec 43A.....        71
  Israel
    Terrorist attacks on...........  PL 106-113 Sec 805....       160
  Major disasters affecting
    Developing procedures..........  PL 101-246 Sec 115(d).       351
    State Department notification..  PL 84-885 Sec 43......        71
  Protection of....................   15 Stat 224..........      1008
  Terrorist acts against...........  18 USC 2331...........       881
  Victims of violent crimes
    Providing information on.......  PL 105-107 Sec 307....       959
    Sense of Congress..............  PL 105-107 Sec 307....       959
Citizenship (U.S.)
  Proof of
    Other documents................  PL 84-885 Sec 33......        56
    Voter registration card........  PL 104-132 Sec 902....       977
Claims
  (see also Foreign claims)
Claude and Mildred Pepper
 Scholarship Program
  Appropriations authorization.....  PL 102-138 Sec 210(c).      1281
  Appropriations authorization,      PL 103-236 Sec              1267
   1994-1995.                         201(a)(2)(B).
  Grants to........................  PL 102-138 Sec 210....      1281
Climate
  Intergovernmental Negotiating
   Committee
    Sense of Congress..............  PL 102-138 Sec 172....       319
Collective security
  (see Mutual defense)
Combating Proliferation of Weapons   PL 104-293 Sec 701....      1725
 of Mass Destruction Act of 1996.
Commerce, Department of
  Export information
    Releasing to other agencies....  PL 105-261 Sec 1522...      1937
Commerce, Secretary of
  Automated Export System
    Mandatory use of...............  PL 106-113 Sec 1252...      1684
  Educational and cultural exchange  EO 11034 Sec 3........      1384
   functions.
  Expositions
    U.S. participation in..........  PL 91-269 Sec 2-4.....      1471
Commission for the Study of          PL 99-603 Sec 601.....      1159
 International Migration and
 Cooperative Economic Development.
Commission of the European
 Communities
  Privileges and immunities........  PL 92-499.............      2255
Commission on Broadcasting to the    PL 102-138 Sec 243....      1504
 People's Republic of China.
Commission on Proposals for the      PL 95-561 Sec 1511....       877
 National Academy of Peace and
 Conflict Resolution.
Commission on Protecting and         PL 103-236 Sec 903....       290
 Reducing Government Secrecy.
Commission on Security and           PL 94-304.............      1538
 Cooperation in Europe (CSCE).
  Appropriation restrictions.......  PL 101-246 Sec 102....       347
  Appropriations authorization.....  PL 94-304 Sec 7.......      1540
  Membership.......................  PL 94-304 Sec 3.......      1538
  Powers...........................  PL 94-304 Sec 4.......      1539
  Reports from President...........  PL 94-304 Sec 5.......      1540
  Reports to Congress..............  PL 94-304 Sec 6.......      1540
  Responsibilities.................  PL 94-304 Sec 2.......      1538
Commission on the Organization of    PL 92-352 Sec 602-606.       556
 the Government for the Conduct of
 Foreign Policy.
Commission to Assess the Ballistic   PL 104-201 Sec 1321-        1965
 Missile Threat to the United         1329.
 States.
Commission to Assess the             PL 104-293 Sec 711-717      1725
 Organization of the Federal
 Government to Combat the
 Proliferation of Weapons of Mass
 Destruction.
Committee on Nonproliferation
  Preparedness program.............  PL 104-201 Sec 1443...      1744
Commonwealth of Independent States
  Plutonium production
    Cessation of...................  PL 102-484 Sec 3151...      2000
                                     PL 102-484 Sec 3151...      2000
Commonwealth of Independent States-
 U.S. relations
  Nuclear weapons
    Information exchanges..........  PL 102-484 Sec 3151(b)      2001
                                     PL 102-484 Sec 3151(b)      2001
Communications (International)
  (see also United States
   Information Agency)
  Information policy
    State Department                 PL 84-885 Sec 35......        58
     responsibilities.
  International Telecommunications   PL 99-93 Sec 146......       467
   Satellite Organization.
  Links between nuclear armed        PL 99-93 Sec 706......      1583
   countries.
  Policy...........................  PL 95-426 Sec 601.....       524
Communism
  Cuba
    Sphere of influence............  PL 87-733.............      2084
  Middle East
    Aggression in..................  PL 85-7 Sec 2.........      2085
Competition
  (see Private enterprise)
Comptroller General of the United
 States
  (see also General Accounting
   Office)
Computers
  Exports of
    Assessment by GAO..............  PL 106-554 Sec 313....      1332
    Report to Congress.............  PL 106-554 Sec 313....      1332
Conference on Confidence and         PL 100-456 Sec 901....      2023
 Security Building Measures in
 Europe.
Conference on Security and           PL 95-105 Sec 502.....       538
 Cooperation in Europe.
  Parliamentary Assembly of
    U.S. delegation to.............  PL 102-138 Sec 169....       317
  U.S. delegation to
    Report to Congress.............  PL 102-138 Sec 169(e).       318
Conferences, international
  Hosted and paid for by the United  PL 84-885 Sec 50......        78
   States.
  U.S. participation in
    Authority of Secretary of State  PL 84-885 Sec 5.......        41
Congo-U.S. relations
  Diamond importation or
   consumption
    Restrictions on................  PL 106-553 Sec 406....       566
Congress
  (see also Reports to Congress)
  (see also War powers)
  Commission on Security and         PL 94-304 Sec 7.......      1540
   Cooperation in Europe.
  Expedited procedures
    U.S. troop removal.............  PL 98-164 Sec 1013....       496
  Foreign Affairs Committee
    References in laws.............  PL 96-60 Sec 402......       511
  Gifts (foreign)
    Acceptance of..................  S Res 90-314..........      1129
  International Relations Committee
    References in laws.............  PL 96-60 Sec 402......      1321
  Joint Committee on Atomic Energy
    Abolished......................  PL 83-703 Sec 301.....      1880
    Functions transferred..........  PL 83-703 Sec 302.....      1881
  Multinational force in Lebanon
    U.S. participation.............  PL 98-119.............      2077
  National emergency powers........  PL 94-412 Sec 202.....      2064
                                     PL 94-412 Sec 401.....      2066
  Parliamentary procedures.........  PL 93-148 Sec 6-7.....      2060
  Request for information from       PL 92-352 Sec 502.....       555
   executive branch.
  Requests for information from
   State Department
    Time deadline..................  PL 102-138 Sec 196....       323
  War powers.......................  PL 93-148 Sec 5-7.....      2059
    Sinai personnel................  PL 94-110.............      2093
  War powers legislation
    Procedures.....................  PL 93-148 Sec 6-7.....      2060
Conservation
  Multinational Species
   Conservation Fund
    Appropriations, 2001...........  PL 106-554 Ch 7.......      1516
Constitution (U.S.)
  Necessary and Proper Clause......  PL 93-148 Sec 2.......      2057
  War powers.......................  PL 93-148 Sec 2.......      2057
Consular Affairs, Bureau of........  PL 82-414 Sec 104(b)..      1154
Consular officers
  Duties of
    Marriages......................  22 CFR 52.1-52.3......      1040
  Passports
    Punishable violations..........  18 USC 1541...........      1049
  Registering births (abroad)......  22 CFR 50.5...........      1014
                                     22 CFR 50.7-50.8......      1015
Consulates
  (see Foreign Service Buildings
   Act of 1926)
Contracts
  Awarding of
    Buy-American requirements......  PL 101-246 Sec 1003...       391
Convention on Cultural Property      PL 97-446.............      1455
 Implementation Act.
Convention on Prohibitions or        PL 102-484 Sec              1999
 Restrictions on the Use of Certain   1365(a)(4).
 Conventional Weapons Which May Be
 Deemed To Be Excessively Injurious
 or To Have Indiscriminate Effects.
Convention on Protection of          PL 106-279 Sec 3(9)...      2290
 Children and Co-operation in
 Respect of Intercountry Adoption.
Convention on the Civil Aspects of   PL 100-30 Sec 3(2)....      2310
 International Child Abduction
 (Hague).
Convention on the Marking of         PL 104-132 Sec 601....       971
 Plastic Explosives for the Purpose
 of Detection.
Convention on the Physical Security
 of Nuclear Material
  Suspending cooperation...........  PL 83-703 Sec 132.....      1869
Conventional Forces in Europe        PL 102-228 Sec 1......      1655
 Treaty Implementation Act of 1991.
Cooperative Threat Reduction
  Appropriations authorization.....  PL 103-160 Sec 1205...      1637
  Appropriations, 1996
    Limitations on use.............  PL 104-106 Sec 1205...      1622
                                     PL 104-106 Sec 1207...      1622
    Prohibitions on use............  PL 104-106 Sec 1203...      1621
  Authority for weapons destruction
   assistance
    Revision to....................  PL 104-106 Sec 1204...      1622
  Biological weapons proliferation
   prevention
    Funds limitation...............  PL 105-261 Sec 1305...      1604
  Chemical weapons destruction
    Funds limitation...............  PL 105-85 Sec 1406....      1612
  Chemical weapons destruction
   facility in Russia
    Funds limitation...............  PL 105-85 Sec 1405(a).      1612
  Chemical weapons destruction in
   Russia
    Funds limitation...............  PL 105-261 Sec 1304...      1604
  Conventional weapons
    Funds prohibition..............  PL 106-398 Sec 1303...      1587
                                     PL 105-261 Sec 1303...      1603
  Defense Department
    Appropriations authorization...  PL 104-106 Sec 301....      1619
                                     PL 103-337 Sec 301....      1625
                                     PL 103-160 Sec 301....      1632
  Demilitarization Enterprise Fund
    Designation....................  PL 103-160 Sec 1204...      1635
Cooperative Threat Reduction--
 Continued
  Fissile material storage facility
    Funds limitation...............  PL 106-398 Sec 1304...      1587
                                     PL 106-65 Sec 1304....      1598
                                     PL 105-85 Sec 1407....      1613
  Former Soviet Union
    Appropriations, FY 2001........  PL 106-259 Title II...      1594
  Fossil fuel energy plant
   construction
    Funds limitation...............  PL 106-398 Sec 1307...      1589
                                     PL 105-261 Sec 1307...      1606
  Funding allocations, FY 1996.....  PL 104-106 Sec 1202...      1620
  Obligation of appropriations
    Prior notice to Congress.......  PL 103-160 Sec 1206...      1637
  Programs
    Specifications.................  PL 104-106 Sec 1201...      1620
  Report to Congress...............  PL 103-160 Sec 1206...      1637
    Certification update...........  PL 106-65 Sec 1310....      1599
    Program activities.............  PL 106-398 Sec 1308...      1589
                                     PL 106-65 Sec 1308....      1598
  Specification of programs........  PL 106-398 Sec 1301...      1587
                                     PL 106-65 Sec 1301....      1596
                                     PL 105-261 Sec 1301...      1602
                                     PL 105-85 Sec 1401....      1610
                                     PL 104-201 Sec 1501...      1616
  Specified purposes
    Funds prohibition..............  PL 106-65 Sec 1303....      1597
  START II Treaty certification
    Funds limitation...............  PL 105-85 Sec 1404....      1612
  Warhead dismantlement processing
    Funds limitation...............  PL 106-398 Sec 1305...      1589
  Weapons storage security
    Funds limitation...............  PL 105-85 Sec 1408....      1613
  Weapons storage sites in Russia
    U.S. access....................  PL 106-398 Sec 1306...      1589
Cooperative Threat Reduction Act of  PL 103-160 Sec 1201...      1633
 1993.
Cooperative Threat Reduction
 programs
  Agency to implement
    Report to Congress.............  PL 106-65 Sec 1306....      1598
  Allocation of funds..............  PL 106-398 Sec 1302...      1587
                                     PL 106-65 Sec 1302....      1596
                                     PL 105-261 Sec 1302...      1602
                                     PL 105-85 Sec 1402....      1610
  Appropriations authorization, FY   PL 106-65 Sec 301.....      1595
   2000.
  Audits of
    Comptroller General assessment.  PL 106-398 Sec 1311...      1593
  Chemical weapons destruction
    Funds limitation...............  PL 106-65 Sec 1305....      1598
  Former Soviet Union
    Assistance to..................  PL 104-201 Sec 1453...      1746
  Funding allocations..............  PL 104-201 Sec 1502...      1616
  Report to Congress
    Summary of budget requests.....  PL 105-261 Sec 1307...      1606
  Reports to Congress
    Funds limitation...............  PL 104-201 Sec 1504...      1618
  Specific purposes
    Funds prohibition..............  PL 105-85 Sec 1403....      1611
                                     PL 104-201 Sec 1503...      1617
  Transfers of allocations.........  PL 104-201 Sec 1452...      1746
Cote d'Ivoire-U.S. relations
  Diamond importation or
   consumption
    Restrictions on................  PL 106-553 Sec 406....       566
Counterproliferation Program Review
 Committee
  Established......................  PL 103-160 Sec 1605...      1984
  Nonproliferation activities......  PL 103-337 Sec 1503...      1974
Counterterrorism Protection Fund
  Appropriations authorization.....  PL 84-885 Sec 39......        66
Countries (foreign)
  Assets frozen or blocked in the
   United States
    Report to Congress.............  PL 103-236 Sec 511....       250
  Chemical and biological weapons
   use
    Sanctions against..............  PL 102-182 Sec 307....      1776
  Civil actions against............  28 USC Ch 97..........      2272
    Removal........................  28 USC Ch 97..........      2272
  Counterfeiting U.S. currencies
    Report to Congress.............  PL 104-132 Sec 807....       973
  Counterterrorism assistance
    Conditions under...............  PL 104-93 Sec 310.....       978
  Counterterrorism technology
    U.S. assistance with...........  PL 104-132 Sec 820....       975
  Explosive detection devices
    U.S. assistance................  PL 104-132 Sec 820....       975
  Fissile materials
    U.S. assistance in improving     PL 104-201 Sec 1310...      1964
     security of.
  Immunities from U.S. courts
    Validity.......................   28 USC Ch 97.........      2272
  Law enforcement training
    U.S. support for...............  PL 104-132 Sec 801....       973
  Refugees
    International mine clearing      PL 102-484 Sec 1364...      1998
     efforts.
  Religious groups
    Persecution of.................  PL 100-204 Sec 1204...       438
  Sanctions against
    Weapons proliferation or use...  EO 12938 Sec 5........      1790
Criminal code (U.S.)
  Diplomatic or consular buildings   18 USC 970............      2261
   in the United States.
  Diplomatic or consular officials   18 USC 112............      2259
   in the United States.
  Foreign officials
    Threats and extortion against..  18 USC 878............      2261
  Foreign officials in the United
   States
    Kidnapping.....................  18 USC 1201...........      2264
    Murder conspiracy..............  18 USC 1117...........      2264
    Murder or manslaughter of......  18 USC 1116...........      2262
  Passports........................  18 USC 1541-46........      1049
Crowe, Admiral William J.
  Foreign Service buildings
    Security against terrorists      PL 101-113 Sec 602(7).       951
     attacks.
Cuba Broadcasting, Advisory Board    PL 98-111 Sec 5.......      1531
 for.
Cuba-U.S. relations
  Broadcasting to
    Authorization, 1984-1985.......  PL 98-111 Sec 8.......      1531
  Communist influence..............  PL 87-733.............      2084
  Court judgments against
    Funding payment amounts........  PL 106-386 Sec              1075
                                      2002(b)(1).
    Payment by Secretary of the      PL 106-386 Sec 2002...      1075
     Treasury.
  Embargo against..................  PL 103-236 Sec 526....       260
  Human rights
    Sense of Congress..............  PL 101-246 Sec 1006...       393
  Human rights violations..........  PL 100-204 Sec 1211...       439
  Immigrants and political
   prisoners
    Visas..........................  PL 100-202 Title VII..      1186
  Immigration to the United States
    Status adjustment..............  PL 105-100 Sec 202....      1180
  International Atomic Energy
   Agency
    Programs or projects in........  PL 105-277 Sec 2809...       205
  Migrant returnees
    Reports to Congress............  PL 105-277 Sec 2245...       191
  Negotiations.....................  PL 95-105 Sec 511.....       541
  Nuclear development
    Countries assisting............  PL 105-277 Sec 2810...       206
Cuba-U.S. relations--Continued
  Radio broadcasting                 PL 98-111.............      1528
    Appropriations authorization,    PL 102-138 Sec 231....      1502
     1992-1993.
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(3).
    Appropriations authorization,    PL 105-277 Sec 2401(7)      1260
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec 121(3).      1493
     2000-2001.
    Appropriations, 2001...........  PL 106-553 Title IV...      1516
    Radio Marti....................  PL 97-241 Sec 404.....      1515
  Radio Marti and TV Marti
    Advisory Panel on..............  PL 103-121 Title V....      1536
  Refugees.........................  PL 96-422 Sec 501.....      1188
                                     EO 12341..............      1192
    Report on costs to assist......  PL 97-241 Sec 502.....       505
  Refugees from
    Education of...................  EO 11077 Sec 2........      1152
  Television broadcasting to.......  PL 101-246 Sec 241-248      1522
    Appropriations authorization,    PL 101-246 Sec 247....      1526
     1990-1991.
    Findings of Congress...........  PL 101-246 Sec 242....      1522
    Television Marti Program.......  PL 101-246 Sec 243(c).      1523
    Television Marti Service.......  PL 101-246 Sec 244....      1524
    Voice of America...............  PL 101-246 Sec 243(b).      1523
  Tripartite Agreement
    Reports to Congress............  PL 101-246 Sec 417....       374
                                     PL 101-246 Sec 417(c).       375
  Troops in Africa.................  PL 95-426 Sec 613.....       530
Cuban Liberty and Democratic
 Solidarity (LIBERTAD) Act of 1996
  Reports to Congress..............  PL 106-113 Sec 209(b).       142
  Title IV
    Reports to Congress............  PL 105-277 Sec 2802...       199
Cuban Political Prisoners and        PL 100-202 Title VII..      1186
 Immigrants.
Cuban Refugee Adjustment Act of      PL 89-732.............      1190
 1966.
Cuban Resolution...................  PL 87-733.............      2084
Cultural and technical interchange
  Between North and South            PL 102-138 Sec 208(b).      1437
   hemispheres.
Cultural property
  Convention on....................  PL 97-446.............      1455
Cultural Property Advisory           PL 97-446 Sec 306.....      1462
 Committee.
Cultural property, stolen
  Import restrictions..............  PL 97-446 Sec 308.....      1467
Currencies (foreign)
  (see also Agricultural commodity
   sales)
  Educational and cultural exchange  PL 87-256 Sec 104-105.      1358
   programs.
  Foreign Service buildings........  PL 69-186 Sec 4(i)....      1116
  Informational media guaranties...  PL 80-402 Sec 1011....      1246
Customs and Trade Act of 1990......  PL 101-382............      1395
Customs duties
  International organizations
    Privileges and immunities......  PL 79-291 Sec 3.......      2249
Czechoslovakia-U.S. relations
  Consular facilities in Bratislava
    Opening of.....................  PL 101-246 Sec 124....       351
  Educational and cultural exchange  PL 101-610 Sec 602....      1381


                                    D

Dante B. Fascell North-South Center
  Appropriations authorization,      PL 106-113 Sec               130
   2000-2001.                         104(a)(3).
  Operation of.....................  PL 102-138 Sec 208(c).      1437
Dante B. Fascell North-South Center  PL 102-138 Sec 208....      1437
 Act of 1991.
Debts (foreign)
  Repayment to U.S.
    Report to Congress.............  PL 102-138 Sec 197(b).       324
Defense
  (see Military (U.S.))
Defense Against Weapons of Mass      PL 104-201 Sec 1401...      1731
 Destruction Act of 1966.
Defense Against Weapons of Mass      PL 105-261 Sec 1401...      1721
 Destruction Act of 1998.
Defense articles
  Sales and leases
    Prohibitions...................  PL 103-236 Sec 564....       269
Defense Threat Reduction Agency
  Activities enhancement...........  PL 106-65 Sec 1409....      1921
Defense Trade Controls, Office of
  Registration fees................  PL 84-885 Sec 45......        75
Defense, Department of
  Appropriations authorization.....  PL 79-264 Sec 7.......      2217
  Assistance to United Nations.....  PL 79-264 Sec 7.......      2217
    Reimbursement of...............  PL 79-264 Sec 7.......      2217
  Atomic energy
    Access to information..........  PL 83-703 Sec 143.....      1872
  Atomic weapons
    International cooperation......  PL 83-703 Sec 144.....      1872
  Cooperative Threat Reduction
    Appropriations authorization,    PL 104-201 Sec 301....      1618
     FY 1997.
    Appropriations authorization,    PL 105-85 Sec 301.....      1614
     FY 1998.
    Appropriations authorization,    PL 105-261 Sec 301....      1939
     FY 1999.
    Appropriations authorization,    PL 106-65 Sec 301.....      1595
     FY 2000.
    Appropriations authorization,    PL 106-398 Sec 301....      1593
     FY 2001.
  Export control activities
    Authority......................  PL 105-261 Sec 1521...      1936
  Intelligence responsibilities....  EO 12333 Sec 1.11.....       831
  National Defense Authorization     PL 104-106............      1619
   Act for Fiscal Year 1996.
  National Defense Authorization     PL 104-201............      1954
   Act for Fiscal Year 1997.
  Nuclear weapons
    Nonproliferation activities....  PL 102-484 Sec 1503...      1761
Defense, Secretary of
  Atomic energy
    Authority transferred to.......  EO 10841 Sec 2........      1911
  Counter proliferation policy of
   the United States
    Studies on.....................  PL 103-160 Sec 1603...      1982
  Defense Threat Reduction Agency
    Activities enhancement.........  PL 106-65 Sec 1409....      1921
  Peaceful settlement of disputes
    U.S. assistance................  EO 10206..............      2246
  Report to Congress
    START II Treaty certification..  PL 105-85 Sec 1404....      1612
  Soviet Union-U.S. exchange of
   military personnel
    Report to Congress.............  PL 99-145 Sec 1005....      2044
Demilitarization Enterprise Fund
  Designation......................  PL 103-160 Sec 1204...      1635
    Eligible organization..........  PL 103-160 Sec 1204(e)      1636
Democracy
  Promotion of
    Report to Congress.............  PL 103-236 Sec 534....       266
Denmark-U.S. relations
  Former nationals of
    Citizenship acquired by U.S.     22 CFR 51.51..........      1030
     legislation or treaty.
  United States territory
    Former nationals residing in...  22 CFR 51.51..........      1030
Denuclearization
  (see Arms control)
Department of Defense
  (see Defense, Department of)
Department of Energy
  (see Energy, Department of)
Department of State
  (see State, Department of)
Departments of Commerce, Justice,    PL 106-553............       559
 and State, the Judiciary, and
 Related Agencies Appropriations
 Act, 2001.
Developing countries
  Energy resources
    U.S. aid.......................  PL 95-242 Sec 501-503.      1806
Development
  (see also Alliance for Progress)
  (see also U.N.)
Development Assistance Committee
  (see Organization for Economic
   Cooperation and Development)
Diamonds
  Imports or use of
    Restrictions on................  PL 106-553 Sec 406....       566
Diego Garcia
  (see Indian Ocean)
Diplomatic and consular offices
  Foreign documents
    Persons authorized to            PL 105-277 Sec 2222(c)       185
     authenticate.
  Oaths
    Persons authorized to            PL 105-277 Sec 2222(d)       186
     administer.
  Reports of births abroad
    Persons authorized to issue....  PL 105-277 Sec 2222(a)       185
Diplomatic and Consular Programs
  Emergencies in
    Appropriations, 2001...........  PL 106-553 Title IV...       560
  International information
   programs
    Appropriations, 2001...........  PL 106-553 Title IV...       560
  Overseas continuing language
   education
    Appropriations, 2001...........  PL 106-553 Title IV...       560
  Worldwide security upgrades
    Appropriations, 2001...........  PL 106-553 Title IV...       560
Diplomatic and Consular Service
  (see also Ambassadors)
  (see also Consular officers)
  (see also Foreign Service)
  (see also Foreign Service
   buildings)
  (see also United States missions
   abroad)
  Diplomatic Security Program
    Appropriations authorization...  PL 99-399 Sec 401.....       911
  Emergencies
    Appropriations authorization...  PL 102-20 Sec 3.......       343
    Appropriations, 2001...........  PL 106-553 Title IV...       561
  Emergency expenditures...........  PL 84-885 Sec 4.......        39
    Report to Congress.............  PL 100-204 Sec 124....       403
  Emergency telephone service......  PL 99-93 Sec 139......       466
  Employment of Soviet citizens....  PL 99-93 Sec 136......       464
  Equivalency of representation....  PL 98-618 Sec 601.....      2286
  Former Soviet Union
    New posts......................  PL 102-511 Sec 802....      1416
  Gifts to foreign persons.........  PL 84-885 Sec 20......        46
  Postal services..................  39 USC 413............       775
  Promoting security...............  PL 99-399 Sec 102.....       900
Diplomatic and Consular Service--
 Continued
  Security
    Role of Secretary of State.....  PL 99-399 Sec 103.....       901
Diplomatic immunity
  Injury or loss to U.S. citizens
    Compensation study.............  PL 101-246 Sec 131....       355
    Report to Congress.............  PL 101-246 Sec 131....       355
  Liability insurance coverage
    Report to Congress.............  PL 100-204 Sec 137....       405
    Study on.......................  PL 100-204 Sec 137....       405
Diplomatic or consular buildings in
 the United States
  Protection of....................  18 USC 970............      2261
Diplomatic personnel
  Safety in Sarejevo
    Reports to Congress............  PL 103-236 Sec 130....       226
Diplomatic relations
  Conduct of
    Statement on...................  PL 95-426 Sec 607.....       527
  Science and technology advances
    U.S. foreign policy............  PL 95-426 Sec 501-504.       521
Diplomatic Relations Act...........  PL 95-393.............      2283
Diplomatic Security Act............  PL 99-399 Sec 101.....       900
Diplomatic Security Program
  Appropriations authorization,      PL 99-399 Sec 401.....       911
   1986 and 1987.
  Appropriations authorization,      PL 102-138 Sec 101(b).       300
   1992-1993.
Diplomatic Security Service
  Felony arrests authority.........  PL 102-138 Sec 134....       312
  Polygraph screening of members...  PL 100-204 Sec 163....       415
Diplomatic Telecommunications
 Service (DTS)
  Pilot consolidation program......  PL 103-317 Sec 507(c).       584
  Planning report..................  PL 103-317 Sec 507(d).       584
  Policy Board
    Restructure of.................  PL 103-317 Sec 507(b).       583
  Secretary of State
    Operations funding.............  PL 103-317 Sec 507....       582
Diplomatic Telecommunications
 Service Program Office (DTS-PO)
  Financial management officer.....  PL 103-317 Sec 507....       582
  Reform of........................  PL 106-113 Sec 305....       150
  Report to Congress...............  PL 106-113 Sec 305(c).       151
  U.S. policies....................  PL 105-277 Sec 2218...       184
Diplomats
  Protection of
    Secret Service use for.........  3 USC 202.............      2267
Dire Emergency Supplemental          PL 102-229............      1663
 Appropriations and Transfers for
 Relief From the Effects of Natural
 Disasters, for Other Urgent Needs,
 and for Incremental Cost of
 ``Operation Desert Shield/Desert
 Storm'' Act of 1992.
Disarmament
  (see Arms control)
Disaster relief
  (see also Foreign aid, disaster
   assistance)
Disputes
  Peaceful settlement of
    U.S. support for...............  EO 10206..............      2246
Drug control
  Aliens
    Excludable from admission to     PL 100-204 Sec 806....       431
     the United States.
Drug control--Continued
  Cuba
    Reports to Congress............  PL 106-113 Sec 206....       141
  Diplomatic missions
    Cooperation with foreign         PL 105-277 Sec 2214(c)       183
     governments.
  Drug trafficking and
   narcoterrorism
    Reward for information on......  PL 84-885 Sec 36(b)...        60
  International narcotics
    Assigning DEA agents abroad....  PL 100-204 Sec 801....       430
  Passports
    Denial to drug traffickers.....  PL 84-885 Sec 42......        69
  Sharing information on drug        PL 99-93 Sec 132......       464
   traffickers.
  State Department
    Report to Congress.............  PL 105-277 Sec 2214...       181
  Traffickers
    Extradition treaties...........  PL 100-204 Sec 803....       430
  United States International        PL 99-93 Sec 814......       476
   Narcotics Control Commission.
  United States Senate Caucus on     PL 99-93 Sec 814......       476
   International Narcotics Control.
  Updating extradition treaties....  PL 99-93 Sec 133......       464
  Visas
    Denial to drug traffickers.....  PL 100-204 Sec 804....       431
  Western Hemisphere alliance
    Report to Congress.............  PL 105-277 Sec 2807...       203


                                    E

East Timor-U.S. relations
  Human rights
    U.S. policy toward.............  PL 102-138 Sec 359....       334
  Students
    USIA scholarships for..........  PL 103-236 Sec 237....      1271
East Timorese scholarships
  Appropriations authorization.....  PL 105-277 Sec              1259
                                      2401(3)(B).
  Appropriations authorization,      PL 106-113 Sec               128
   2000-2001.                         104(a)(1)(B).
East-West Center
  Appropriations authorization,      PL 103-236 Sec              1267
   1994-1995.                         201(a)(6).
  Appropriations, 2001.............  PL 106-553 Title IV...       565
  Asia-U.S. relations
    Promoting......................  PL 86-472 Sec 702.....      1439
  Authorization, 1990-1991.........  PL 101-246 Sec 201....      1292
  Authorization, 1992-1993.........  PL 102-138 Sec              1280
                                      201(a)(4).
  Center for Cultural and Technical  PL 86-472 Sec 701.....      1439
   Interchange Between East and
   West Act of 1960.
  Programs.........................  PL 86-472 Sec 703.....      1440
  Reports to Congress..............  PL 86-472 Sec 704.....      1440
Eastern Europe
  Research on......................  PL 98-164 Sec 801.....      1428
Economic Commission for Africa
  Using U.S. contribution to United  PL 98-164 Sec                485
   Nations.                           114(a)(7).
Edmund S. Muskie Fellowship Program
  Soviet Union-Eastern Europe        PL 102-138 Sec 227(f).      1289
   scholarships.
Education
  Caribbean
    Scholarship programs for         PL 101-382 Sec 231....      1395
     disadvantaged students.
  Central America
    Scholarship programs for         PL 101-382 Sec 231....      1395
     disadvantaged students.
  Foreign Service
    Grants to study................  PL 84-885 Sec 47......        76
Education--Continued
  United Nations University
   Endowment Fund
    U.S. contributions to..........  PL 94-141 Sec 205.....       549
Education, Secretary of
  Educational and cultural exchange  EO 11034 Sec 4........      1385
   functions.
Educational and cultural exchange
  (see also East-West Center)
  (see also Expositions)
  (see also North-South Center)
  (see also Science and technology)
  (see also specific country-U.S.
   relations)
  (see also United States
   Information Agency)
  Administration...................  PL 87-256 Sec 104.....      1358
  Advisory commission..............  PL 87-256 Sec 106(b)..      1362
                                     EO 11034 Sec 7........      1385
  Africa
    Increased participation........  PL 103-236 Sec 239....      1272
  Appropriations authorization.....  PL 99-93 Sec 204......      1310
  Arts
    Committee on...................  PL 87-256 Sec 106(b)..      1362
  Beirut Agreement of 1949
    U.S. implementation............  PL 89-634.............      1449
                                     EO 11311..............      1451
  Bulgaria.........................  PL 101-610 Sec 602....      1381
  Central American Undergraduate     PL 99-93 Sec 612......      1403
   Scholarship Program.
  Countries in transition from       PL 101-610 Sec 602....      1381
   totalitarianism to democracy.
  Czechoslovakia...................  PL 101-610 Sec 602....      1381
  Disabled individuals               PL 103-236 Sec 242....      1273
   participation.
  Exchange Visitor Program
    Au pair provision..............  S 2757 Title III......      1339
  Exchange-of-persons program......  PL 97-241 Sec 305.....      1318
  Exhibitions
    Importing materials for........  PL 89-259.............      1452
                                     EO 12047..............      1453
  Fascell Fellowship Program.......  PL 99-399 Title X.....      1412
  Federal employee participation...  PL 87-256 Sec 108A....      1364
  Foreign participants
    Compensation...................  PL 84-885 Sec 12......        43
  Foreign Scholarships, Board of...  EO 11034 Sec 7........      1385
                                     PL 99-93 Sec 608......      1402
  Former Soviet Union..............  PL 87-256 Sec 113.....      1370
    Appropriations authorization...  PL 102-511 Sec 807....      1417
  Fulbright program
    Authorization, 1984-1985.......  PL 98-164 Sec 206.....      1314
  Human rights leaders
    Participation in programs......  PL 104-319 Sec 102....      1263
  Humphrey Fellowship Program......  PL 87-256 Sec               1366
                                      112(a)(2).
    Authorization, 1984-1985.......  PL 98-164 Sec 206.....      1314
  Hungary..........................  PL 101-610 Sec 602....      1381
  Importing materials
    Authority over.................  EO 12047..............      1453
    Judicial determination.........  PL 89-259.............      1452
    USIA role......................  PL 89-634.............      1449
                                     EO 11311..............      1451
  India fund for...................  PL 98-164 Sec 901.....      1434
  Inter Agency Working Group on....  PL 87-256 Sec 112(g)..      1368
  International agreements.........  PL 87-256 Sec 103.....      1356
  International commissions........  PL 87-256 Sec 104.....      1358
  International Communication        EO 12048..............      1349
   Agency.
  International Visitor program....  PL 98-164 Sec 206.....      1314
  J. William Fulbright Foreign       PL 87-256 Sec 106(a)..      1362
   Scholarship Board.
  Japan-U.S........................  PL 94-118.............      1442
Educational and cultural exchange--
 Continued
  Libraries overseas
    Authorization, 1984............  PL 98-164 Sec 206.....      1314
  Ngawan Choephel Exchange Program.  PL 106-113 Sec 401....      1252
                                     PL 106-113 Sec 401....      1252
  Office of Citizen Exchanges......  PL 87-256 Sec 112(e)..      1368
  Pan American Games...............  PL 94-350 Sec 110.....       545
  Personnel
    Foreign Service benefits.......  EO 11034 Sec 5........      1385
  Poland...........................  PL 101-610 Sec 602....      1381
  Private Sector Program
    Authorization, 1984............  PL 98-164 Sec 206.....      1314
  Programs authorized..............  PL 87-256 Sec 102.....      1354
  Programs for
    Appropriations, 2001...........  PL 106-553 Title IV...       561
  Prohibitions on
    Waiver of......................  EO 11034 Sec 8........      1386
  Purpose of.......................  PL 87-256 Sec 101.....      1353
  Romania..........................  PL 101-610 Sec 602....      1381
  Santo Tomas University
    Professorship..................  PL 100-204 Sec 304....      1304
  Strengthening U.S. programs......  PL 95-105 Sec 107.....       534
  U.S. scholarship program for       PL 99-93 Sec 601-615..      1398
   developing countries.
  USIA.............................  EO 12048..............      1349
    Agribusiness exchanges.........  PL 102-511 Sec              1418
                                      807(4)(d).
    Appropriations authorization...  PL 102-511 Sec              1418
                                      807(4)(b).
Educational and Cultural Exchange
 Act of 1961
  Administration of................  EO 11034..............      1383
Educational and cultural exchange
 programs
  Appropriations authorization,      PL 106-113 Sec               128
   2000-2001.                         104(a)(1)(B).
  Irish Institute
    Appropriations, 2001...........  PL 106-554 Sec 210....      1391
  National security measures.......  PL 80-402 Sec 1012....      1248
Educational grants
  International Academic             PL 106-309 Sec 303....      1372
   Opportunity Act of 2000.
  Report to Congress...............  PL 106-309 Sec 304....      1373
Educational, Scientific, and         PL 98-164 Sec 106.....       482
 Cultural Cooperation, Commission
 on.
Edward Zorinsky Memorial Library...  PL 100-204 Sec 306....      1304
Egypt-U.S. relations
  Airport security equipment and
   commodities
    Assistance.....................  PL 99-399 Sec 508.....       919
Eisenhower Exchange Fellowship Act   PL 101-454............      1424
 of 1990.
Eisenhower Exchange Fellowship       PL 101-454 Sec 3......      1425
 Program Trust Fund.
  Appropriations authorization.....  PL 101-454 Sec 5......      1426
  Appropriations, 1996.............  PL 106-553 Title IV...       564
  Audit of.........................  PL 101-454 Sec 4......      1425
Eisenhower Exchange Fellowships,
 Incorporated
  Agricultural exchange program....  PL 101-454 Sec 6(c)...      1426
  Minority participation...........  PL 101-454 Sec 6(d)...      1426
  Report to Congress...............  PL 101-454 Sec 7......      1427
El Salvador-U.S. relations
  Departure of Salvadorans in the
   United States
    Extension of...................  PL 98-164 Sec 1012....       495
  Refugee assistance...............  PL 98-164 Sec 111.....       483
Electronic surveillance
  International terrorism
    Pen registers or trap and trace  PL 95-511 Sec 401-406.       815
     devices.
Electronic surveillance--Continued
  Report to Congress...............  PL 95-511 Sec 107-108.       802
Elimination of Weapons Grade
 Plutonium Program
  Funds limitation.................  PL 106-398 Sec 1310...      1593
Embassies
  (see Foreign Service Buildings
   Act of 1926)
Emergencies (national)
  (see National emergency)
Emergency Supplemental Act, 2000...  PL 106-246 Title II...       570
Employee-Management relations
  (see Foreign Service)
Employee-Management Relations
 Commissions
  (see Foreign Service)
Endangered species
  Whales
    Moratorium on the killing of...  PL 96-60 Sec 405......       511
Energy
  Aid to developing countries......  PL 95-242 Sec 501-503.      1806
  Alternate
    Conference on..................  PL 95-426 Sec 609.....       528
  Natural gas
    International agreements on....  PL 98-164 Sec 1009....       494
  Solar
    Foreign missions demonstration   PL 95-426 Sec 105.....       516
     project.
Energy, Department of
  Department of Energy Act of 1978-  PL 95-238.............      1817
   Civilian Applications.
  Intelligence responsibilities....  EO 12333 Sec 1.13.....       834
  Nuclear weapons
    Nonproliferation activities....  PL 102-484 Sec 1503...      1761
Enrichment Oversight Committee
  Establishment of.................  EO 13085..............      1893
Environment
  Acid rain
    Findings of Congress...........  PL 98-164 Sec 1008....       493
  Secretary of State
    Delegation of authority........  EO 11742..............       860
  State Department
    Bureau within..................  PL 93-126 Sec 9.......       554
  United Nations Environment Fund
    U.S. contribution to...........  PL 93-188.............      2245
Environment and Sustainable          PL 103-236 Sec 240....      1272
 Development Exchange Program.
Espionage
  Convicted violators
    Forfeitures....................  PL 99-399 Sec 1306....       940
Estonia-U.S. relations
  Diplomatic relations with
    Expanding......................  PL 102-138 Sec 352....       331
  Graduate students
    USIA scholarships..............  PL 102-138 Sec 227....      1287
  Immigration
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
EURATOM Cooperation Act of 1958....  PL 85-846.............      1897
Europe
  Conference on Security and         PL 95-105 Sec 502.....       538
   Cooperation in.
  Northeastern
    Senior-level State Department    PL 106-113 Sec 302....       150
     official for.
  United States national security
   interests
    Sense of Congress..............  PL 105-277 Sec 2704...      2101
Europe-U.S. relations
  (see also Commission on Security
   and Cooperation in Europe)
  EURATOM..........................  PL 85-846.............      1897
  U.S. tactical nuclear weapons
    Deployment policy..............  PL 102-138 Sec 363....       335
Europe, Commission on Security and   PL 94-304.............      1538
 Cooperation in.
Europe, Conference on Security and
 Cooperation in
  Parliamentary Assembly of
    U.S. delegation to.............  PL 102-138 Sec 169....       317
Europe, Treaty on Conventional
 Armed Forces in
  Sense of Congress................  PL 105-277 Sec 2704...      2101
European Communities, Commission of
 the
  Privileges and immunities........  PL 92-499.............      2255
European Security Act of 1998......  PL 105-277 Sec 2701...      2098
European Space Agency
  Privileges and immunities........  PL 79-291 Sec 11......      2252
Examinations
  Foreign Service
    (see Foreign Service, Board of
     Examiners)
  Foreign Service admission........  PL 96-465 Sec 211.....       603
Exchange
  (see Educational and cultural
   exchange)
Executive agencies
  State Department personnel         PL 93-126 Sec 11......       553
   assigned to.
Executive agreements
  (see Executive-legislative
   relations)
Executive-legislative relations
  (see also War powers)
  Information sharing..............  PL 95-426 Sec 122.....       518
  International agreements
    Coordination of................  22 CFR 181.1..........       848
    Transmittal of.................  1 USC 112b............       846
Exhibitions
  (see Educational and cultural
   exchange)
  (see United States Information
   Agency)
Expanded Threat Reduction
 Initiative
  Reports to Congress..............  PL 106-65 Sec 1309....      1599
Explosive materials
  Instructions on making
    Report to Congress.............  PL 104-132 Sec 709....       972
  Plastics
    Convention on..................  PL 104-132 Sec 601....       971
  Thefts of from military arsenals
    Report to Congress.............  PL 104-132 Sec 503....       968
Export controls
  Coordinating committee
    Facilities modernization.......  PL 98-164 Sec 107.....       482
  Defense Department authorities...  PL 105-261 Sec 1521...      1936
  International export control
   regime
    Establishing...................  PL 104-201 Sec 1308(b)      1963
  Missiles and missile technology
    U.S. policy on.................  PL 101-510 Sec 1701...      2009
  National security
    Sense of Congress..............  PL 104-201 Sec 1308...      1962
  Satellites
    Licensing......................  PL 105-261 Sec 1513...      1931
    Sense of Congress..............  PL 105-261 Sec 1511...      1930
    United States Munitions List...  PL 105-261 Sec 1513...      1931
Export Controls, Coordinating        PL 98-164 Sec 107.....       482
 Committee on
Exports
  (see also Trade)
  Automated Export System
    Mandatory use of...............  PL 106-113 Sec 1252...      1684
Exports--Continued
  Chemical weapons violations
    Revocation of export privileges  PL 105-277 Sec 211....      1705
  Computers to China
    National security implications.  PL 106-65 Sec 1406....      1920
  Contributing to proliferation
    Sanctions......................  PL 103-236 Sec 821....       278
  Countries of particular concern
   for religious freedom
    Licensing......................  PL 105-292 Sec 423....      1105
  License functions
    Resources for..................  PL 106-65 Sec 1403....      1918
  Nuclear export licensing           PL 95-242 Sec 304.....      1801
   procedure.
  Nuclear material
    Transfer by the United States..  PL 96-280.............      1814
  People's Republic of China
    Report to Congress.............  PL 106-553 Title IV...       560
  Satellites
    Licensing......................  PL 105-261 Sec 1514...      1932
    Security enhancements..........  PL 106-65 Sec 1404....      1919
  Technology and equipment to China
    Certification to Congress......  PL 105-261 Sec 1512...      1931
  Technology transfers
    Multilateral controls..........  PL 106-65 Sec 1408....      1921
  U.S. satellite manufacturers
    Controls.......................  PL 106-65 Sec 1410-         1923
                                      1412.
Expositions
  (see also Educational and
   cultural exchange)
  Authorization of appropriations    PL 91-269 Sec 8.......      1474
   for.
  International
    Obligation of funds............  PL 106-113 Sec 204(b).       140
  Japan (Tsukura), 1985
    U.S. participation.............  PL 98-164 Sec 212.....      1316
  U.S. participation in............  PL 91-269 Sec 3.......      1472
  U.S. recognition of..............  PL 91-269 Sec 2.......      1471
    Withdrawing....................  PL 91-269 Sec 5.......      1474
Expropriation
  U.S. property
    Prohibitions and other actions.  PL 103-236 Sec 527....       260
    Visas denials..................  PL 105-277 Sec 2225...       187
Extradition
  Passport denial where extradition  22 CFR 51.70..........      1033
   request has been made.
  Treaties
    U.S. extradition policy and      PL 106-113 Sec 211....       144
     practice.
Extradition treaties
  Interpretation of
    Parental kidnapping included...  PL 105-323 Sec 203....      2308
Extradition Treaties Interpretation  PL 105-323 Sec 201....      2308
 Act of 1998
  Findings of Congress.............  PL 105-323 Sec 202....      2308


                                    F

Fair Trade in Auto Parts Act of
 1988
  Extension of.....................  PL 103-236 Sec 510....       250
Family planning
  (see Population growth)
Fascell Fellowship Act.............  PL 99-399 Title X.....      1412
Federal Aviation Reauthorization     PL 104-264............       961
 Act of 1996
Federal Bureau of Investigation
  Inspection agents
    Reimbursement for expenses       PL 106-113 Sec 1117...      1574
     incurred.
  Intelligence responsibilities....  EO 12333 Sec 1.14.....       834
Federal Bureau of Investigation--
 Continued
  Royal Ulster Constabulary
    Report to Congress.............  PL 106-113 Sec 405(b).      1254
    Training funds prohibition.....  PL 106-113 Sec 405....      1253
Federal employees (U.S.)
  Former employees
    Prepublication review of         PL 98-164 Sec 1010....       495
     writings by.
Federal Reports Elimination and
 Sunset Act of 1995
  Applicability on reporting         PL 106-113 Sec 209(e).       142
   requirements.
Federal-State jurisdiction (U.S.)
  Criminal code....................  18 USC 1116...........      2262
  Protection over foreign officials  18 USC 1116...........      2262
Fellowships
  (see Educational and cultural
   exchange)
Films
  (see United States Information
   Agency)
Finland
  Debt payments to the United
   States
    Use of funds...................  PL 87-256 Sec 105.....      1360
                                     PL 87-256 Sec               1366
                                      111(a)(4).
Fisheries
  Cetacean
    Threat to marine mammals.......  PL 95-426 Sec 602.....       524
  Resource preservation............  PL 95-426 Sec 602.....       524
Floyd D. Spence National Defense     PL 106-398 Sec 1......      1586
 Authorization Act for Fiscal Year
 2001.
Food
  (see also Agricultural commodity
   sales)
  (see also Agriculture)
  (see also Food aid program)
  (see also United Nations, Food
   and Agricultural Organization)
  Access to
    Human rights issue.............  PL 103-236 Sec 503....       247
  International reserve
    Establishment of...............  PL 95-426 Sec 604.....       525
Food sales
  (see Agricultural commodity
   sales)
Food supplies
  (see also Food aid program)
  International reserves...........  PL 95-105 Sec 510.....       540
Foreign affairs
  Agency consolidations
    Definitions....................  PL 105-277 Sec 1103...       750
    Purposes.......................  PL 105-277 Sec 1102...       749
  Agency reorganization plans
    Effective dates................  PL 105-277 Sec 1601(g)       768
    Report to Congress.............  PL 105-277 Sec 1601(f)       767
  Agency reorganizations
    Appropriations transfers.......  PL 105-277 Sec 1612...       769
    Legal provisions continued in    PL 105-277 Sec 1327...      1496
     effect.
    Personnel transfers............  PL 105-277 Sec 1613...       770
    Report to Congress.............  PL 105-277 Sec 1601...       766
                                     PL 105-277 Sec 1617...       772
  Agency transitions
    Authority of Secretary of State  PL 105-277 Sec 1616...       772
  Authorization of appropriations
    Prohibition on use for           PL 100-204 Sec 109....       402
     propaganda or publicity.
Foreign Affairs Agencies             PL 105-277 Sec 1101...       749
 Consolidation Act of 1998.
Foreign Affairs Reform and           PL 105-277 Sec 1001...       168
 Restructuring Act of 1998.
Foreign aid
  Authorities of Secretary of State  PL 105-277 Sec 1521...       764
Foreign aid--Continued
  Middle East
    Promoting peace and stability..  PL 85-7 Sec 2.........      2085
  Programs
    Coordination and oversight.....  PL 105-277 Sec 1523...       765
  Soviet Union
    U.S. policy on.................  PL 102-138 Sec 361....       335
  Withholding of
    Presidential determination.....  PL 106-386 Sec 110....      1069
  Yugoslavia
    U.S. policy on.................  PL 102-138 Sec 361....       335
Foreign claims
  International Fisheries
   Commission
    Reimbursement of incurred        PL 100-204 Sec 142....       411
     expenses.
  Settlement by State Department...  PL 84-885 Sec 2.......        36
Foreign Claims Settlement
 Commission
  (see also Foreign claims)
Foreign currencies
  (see Currencies (foreign))
Foreign exchange market
  U.S. intervention in.............  PL 99-93 Sec 810......       474
Foreign gifts and decorations
  (see Gifts (foreign))
Foreign Gifts and Decorations Act
 of 1966
  (see Gifts (foreign))
Foreign governments
  (see Governments (foreign))
Foreign Intelligence Advisory        EO 12863..............       841
 Board, President's.
Foreign Intelligence Surveillance    PL 95-511.............       787
 Act of 1978.
Foreign Language Resources
 Coordinator
  Appointment of...................  PL 103-236 Sec 192....       236
Foreign ministers
  (see Ambassadors)
Foreign missions
  Hostile powers
    Equivalency of representation..  PL 98-618 Sec 601.....      2286
  Liability insurance..............  PL 84-885 Sec 204A....        86
  Limitations on use...............  PL 84-885 Sec 215.....        97
  Location in District of Columbia.  PL 84-885 Sec 206.....        90
  Personnel
    Travel restrictions within the   PL 84-885 Sec 216.....        98
     United States.
  Property
    Notifications..................  PL 84-885 Sec 205.....        88
  Protective services
    Extraordinary..................  PL 84-885 Sec 214.....        94
                                     EO 12478..............      2270
  Solar energy demonstration         PL 95-426 Sec 105.....       516
   project.
  U.S. policy
    Findings of Congress...........  PL 84-885 Sec 201.....        82
Foreign Missions Act...............  PL 84-885 Sec 201-213.        82
Foreign missions and officials
  Protection of
    Appropriations, 2001...........  PL 106-553 Title IV...       561
Foreign Missions, Office of
  Liability insurance..............  PL 95-393 Sec 6.......      2284
Foreign officials in the United
 States
  Attacks against..................  18 USC 112............      2259
  Kidnapping.......................  18 USC 1201...........      2264
  Murder or manslaughter of........  18 USC 1116...........      2262
  Protection of....................  18 USC 112............      2259
  Threats and extortion against....  18 USC 878............      2261
Foreign Operations Administration
  Director of
    Authority transferred to USIA..  EO 10477 Sec 3........      1351
Foreign policy (U.S.)
  State Department historical
   records
    Declassification of............  PL 84-885 Sec 404.....       104
Foreign Policy Study Commission
  (see Commission on the
   Organization of the Government
   for the Conduct of Foreign
   Policy)
Foreign relations (U.S.)
  Economically and socially          PL 101-246 Sec 126....       352
   disadvantaged participation in.
Foreign Relations Authorization Act  PL 92-352.............       555
 of 1972.
Foreign Relations Authorization      PL 94-141.............       548
 Act, Fiscal Year 1976.
Foreign Relations Authorization      PL 94-350.............       543
 Act, Fiscal Year 1977.
Foreign Relations Authorization      PL 95-105 Sec 1.......       533
 Act, Fiscal Year 1978.
Foreign Relations Authorization      PL 95-426.............       514
 Act, Fiscal Year 1979.
Foreign Relations Authorization      PL 99-93..............       456
 Act, Fiscal Years 1986 and 1987.
Foreign Relations Authorization      PL 100-204............       396
 Act, Fiscal Years 1988 and 1989.
Foreign Relations Authorization      PL 101-246............       345
 Act, Fiscal Years 1990 and 1991.
Foreign Relations Authorization      PL 102-138............       295
 Act, Fiscal Years 1992 and 1993.
Foreign Relations Authorization      PL 103-236............       209
 Act, Fiscal Years 1994 and 1995.
Foreign Relations Authorization      PL 105-277 Sec 2001...       171
 Act, Fiscal Years 1998 and 1999.
Foreign Relations Authorization      PL 106-113............       116
 Act, Fiscal Years 2000 and 2001.
  Definitions......................  PL 106-113 Sec 3......       121
Foreign Relations of the United
 States
  Advisory Committee on Historical   PL 84-885 Sec 402(B)..       103
   Diplomatic Documentation.
  Continued publishing of by State   PL 84-885 Sec 401-407.       102
   Department.
                                     PL 84-885 Sec 401-407.       102
                                     PL 95-426 Sec 120.....       518
  Publishing requirements..........  PL 102-138 Sec 198....       324
Foreign Relations Persian Gulf       PL 102-20.............       343
 Conflict Emergency Supplemental
 Authorization Act, Fiscal Year
 1991.
Foreign Service
  (see also State, Department of,
   personnel)
  Appointments to
    By President...................  PL 96-465 Sec 302.....       605
    By Secretary of State..........  PL 96-465 Sec 303.....       606
    Career.........................  PL 96-465 Sec 306.....       608
    Entry level....................  PL 96-465 Sec 307.....       608
    General provisions.............  PL 96-465 Sec 301.....       604
    Limited........................  PL 96-465 Sec 309.....       609
  Assignments
    ``Home'' duty..................  PL 96-465 Sec 903.....       705
    Government agencies............  PL 96-465 Sec 503.....       621
    International organizations....  PL 96-465 Sec 503.....       621
    U.N. delegation................  PL 79-264 Sec 2.......      2221
  Assignments abroad...............  PL 96-465 Sec 504.....       621
  Awards system
    Establishment of...............  PL 96-465 Sec 614.....       632
  Board of Examiners...............  PL 96-465 Sec 211.....       603
    Established....................  EO 12293 Sec 6........       783
  Board of the
    Established....................  PL 96-465 Sec 210.....       603
                                     EO 12293 Sec 9........       784
Foreign Service--Continued
  Buildings
    (see Foreign Service buildings)
  Career development...............  PL 96-465 Sec 703.....       634
  Chief of mission
    Appointment of.................  PL 96-465 Sec 304.....       606
    Equal competition for..........  PL 96-465 Sec 502(d)..       621
    Responsibilities...............  PL 96-465 Sec 207.....       598
  Classifications
    By Secretary of State..........  PL 96-465 Sec 501.....       620
  Compatibility with other agencies  PL 96-465 Sec 204.....       598
  Conversion from Foreign Service..  PL 96-465 Sec 2104....       741
    Security officers..............  PL 96-465 Sec 2104(c).       741
  Cultural diversity
    Internship program.............  PL 96-465 Sec 1201....       736
  Danger pay.......................  PL 98-164 Sec 131.....       488
  Death gratuity...................  PL 96-465 Sec 413.....       619
  Delegation of functions..........  EO 12293 Sec 1,5......       782
  Diplomatic and consular officers.  PL 96-465 Sec 312.....       610
  Director General.................  PL 96-465 Sec 208.....       599
  Disability
    (see Foreign Service,
     retirement)
  Education facilities for family    PL 84-885 Sec 29......        52
   members.
  Educational and cultural exchange  PL 87-256 Sec 104.....      1358
   programs.
  Employees
    Border equalization pay          PL 96-465 Sec 414.....       619
     adjustment.
    Disposition of personal          PL 84-885 Sec 301-303.        99
     property abroad.
  Employment opportunities for       PL 84-885 Sec 27......        52
   family members.
  Employment referral assistance...  PL 103-236 Sec 179....       234
  Ethnic representation
    Recruitment plan...............  PL 101-246 Sec 153(b).       361
  Families
    Death gratuity.................  PL 96-465 Sec 413.....       619
    Educational facilities.........  PL 84-885 Sec 29......        52
    Employment opportunities.......  PL 84-885 Sec 27......        52
    Former spouses retirement        PL 96-465 Sec 814.....       663
     benefits.
    Former spouses survivor          PL 96-465 Sec 2109....       744
     benefits.
  Family members
    Employment opportunities.......  PL 96-465 Sec 311.....       609
    Language training..............  PL 96-465 Sec 704(c)..       636
  Foreign language competence......  PL 101-246 Sec 161....       365
  Foreign language entrance          PL 101-246 Sec 162....       366
   requirement.
  Foreign language training........  PL 102-138 Sec 155....       315
  Foreign Service star
    Awarding of....................  PL 84-885 Sec 36A.....        63
  Former Presidential appointees
    Reassignment or retirement.....  PL 96-465 Sec 813.....       663
  Functions of.....................  PL 96-465 Sec 104.....       594
  Hazardous assignments
    Extra retirement credit........  PL 96-465 Sec 817.....       673
  Health benefits for certain        PL 96-465 Sec 832.....       689
   former spouses.
                                     PL 96-465 Sec 833.....       690
  Household furnishings provided...  PL 96-465 Sec 902.....       705
  Imprisoned foreign nationals
    Compensation...................  PL 96-465 Sec 410.....       617
  Information officers
    (see Foreign Service
     Information Officers)
  Inspector General................  PL 96-465 Sec 209.....       599
  Inspector General of
    Abolished......................  PL 99-93 Sec 150(b)...       469
  International terrorism
    Security against...............  PL 98-533 Sec 301.....       994
Foreign Service--Continued
  Internship program...............  PL 101-246 Sec 149....       359
    Appropriations authorization...  PL 96-465 Sec 1204....       738
    Establishment of...............  PL 96-465 Sec 1202....       736
    Objectives.....................  PL 96-465 Sec 1201....       736
    Report to Congress.............  PL 101-246 Sec 149....       359
  Junior officers
    Compensation for...............  PL 95-105 Sec 412.....       537
  Labor-management relations
    Agency application.............  PL 96-465 Sec 1003....       710
    Definitions....................  PL 96-465 Sec 1002....       708
    Employee rights................  PL 96-465 Sec 1004....       710
    Exclusive recognition..........  PL 96-465 Sec 1011....       714
    Foreign Service Grievance Board  PL 96-465 Sec 1105-7..       728
    General Counsel................  PL 96-465 Sec 1008....       713
    Grievances.....................  PL 96-465 Sec 1101-10.       725
    Judicial review................  PL 96-465 Sec 1009....       713
    Labor organization standards...  PL 96-465 Sec 1017....       722
    Labor Relations Board..........  PL 96-465 Sec 1006-7..       711
    Management rights..............  PL 96-465 Sec 1005....       710
    Policy.........................  PL 96-465 Sec 1001....       707
    Representation rights of         PL 96-465 Sec 1012-13.       716
     employees.
    Resolution of disputes.........  PL 96-465 Sec 1014....       718
    Secretary of State consultation  PL 96-465 Sec 2402(c).       746
    Unfair labor practices.........  PL 96-465 Sec 1015-16.       718
  Language competency..............  PL 103-236 Sec 191....       235
  Language requirements............  PL 96-465 Sec 702.....       634
  Language training................  PL 96-465 Sec 702.....       634
  Lateral entry for American         PL 99-93 Sec 121......       461
   businessmen and farmers.
  Legal services...................  PL 84-885 Sec 26......        51
  Management of
    Secretary of State.............  PL 96-465 Sec 201.....       596
  Marriages
    Celebration of.................  22 CFR 51.2...........      1020
  Medical services
    Abroad.........................  PL 96-465 Sec 904.....       706
    Eligibility....................  PL 96-465 Sec 904.....       706
    Inoculations...................  PL 96-465 Sec 904.....       706
    Malpractice suits..............  PL 84-885 Sec 30......        53
    Physical examinations..........  PL 96-465 Sec 904.....       706
    Travel for.....................  PL 96-465 Sec 904.....       706
    Treatment expenses.............  PL 96-465 Sec 904.....       706
  Members of.......................  PL 96-465 Sec 103.....       594
    Assignments....................  PL 96-465 Sec 502.....       620
  Meresman Case....................  PL 96-465 Sec 2103(f).       740
  Minorities
    Report to Congress.............  PL 105-277 Sec 2318...       194
  Minority group and women members.  PL 100-204 Sec 183....       419
                                     PL 99-93 Sec 152......       470
  Objectives and findings..........  PL 96-465 Sec 101.....       591
  Organization and administration
    Definitions....................  PL 96-465 Sec 102.....       593
  Passports
    Defined........................  22 CFR 51.3...........      1020
    Verification of................  22 CFR 51.7...........      1022
  Performance awards
    Prohibition on.................  PL 103-236 Sec 173....       233
  Personnel levels.................  PL 103-236 Sec 121....       224
  Personnel system
    Study of.......................  PL 100-204 Sec 171....       416
    Use by other agencies..........  PL 96-465 Sec 202-203.       596
  Placement of Personnel
    Report to Congress.............  PL 106-113 Sec 324....       151
  Post facilities..................  PL 84-885 Sec 31......        54
  Promotions.......................  PL 96-465 Sec 601.....       622
    Grievance boards...............  PL 96-465 Sec 606.....       626
    Selection boards...............  PL 96-465 Sec 605.....       625
Foreign Service--Continued
  Recall of members................  PL 96-465 Sec 308.....       608
  Reductions in force..............  PL 103-236 Sec 181....       234
                                     PL 96-465 Sec 611.....       630
  Reemployment rights..............  PL 96-465 Sec 310.....       609
  Refugee assistance...............  PL 87-510 Sec 5.......      1148
  Reserve officers
    (see Foreign Service Reserve
     Officers)
  Retirement
    Conforming to Civil Service....  EO 12293 Sec 3........       782
    Creditable service.............  PL 96-465 Sec 816.....       669
    Definitions....................  PL 96-465 Sec 804.....       640
    Disability.....................  PL 96-465 Sec 808.....       657
    Due to expiration of time in     PL 96-465 Sec 607.....       626
     class.
    Due to performance.............  PL 96-465 Sec 608.....       627
    Extra service credit...........  PL 96-465 Sec 817.....       673
    Former spouses.................  PL 96-465 Sec 814.....       663
    Lump-sum payments..............  PL 96-465 Sec 815.....       667
    Mandatory......................  PL 96-465 Sec 812.....       662
    Participants...................  PL 96-465 Sec 803.....       640
    Physical examinations..........  PL 96-465 Sec 808.....       657
    Schedule.......................  PL 94-350 Sec 500.....       776
    Voluntary......................  PL 96-465 Sec 811.....       661
  Retirement and Disability Fund...  PL 96-465 Sec 802.....       639
    Annuity elections for survivors  PL 94-350 Sec 523.....       776
    Appropriations for.............  PL 96-465 Sec 818.....       674
    Conformity with civil service    PL 96-465 Sec 827.....       681
     systems.
    Contributions..................  PL 96-465 Sec 805.....       644
    Extra contributions............  PL 96-465 Sec 825.....       678
    Free from legal process........  PL 96-465 Sec 820.....       674
    Future benefits................  PL 96-465 Sec 821.....       675
    Investment of..................  PL 96-465 Sec 819.....       674
    Liability obligations..........  PL 96-465 Sec 822.....       676
    Report.........................  PL 96-465 Sec 822.....       676
    Unfunded liability.............  PL 96-465 Sec 822.....       676
  Retirement and Disability System.  PL 96-465 Sec 802.....       639
  Retirement annuitants
    Recall to service..............  PL 96-465 Sec 823.....       676
    Recomputation of...............  PL 96-465 Sec 823.....       676
    Reemployment...................  PL 96-465 Sec 824.....       677
  Retirement annuities
    Benefits for certain former      PL 96-465 Sec 830.....       683
     spouses.
                                     PL 96-465 Sec 831.....       685
    Benefits if remarried..........  PL 96-465 Sec 828.....       682
    Computation of.................  PL 96-465 Sec 806.....       648
    Cost-of-living adjustments.....  PL 96-465 Sec 826.....       679
    Death in service...............  PL 96-465 Sec 809.....       659
    Payment of.....................  PL 96-465 Sec 807.....       655
                                     PL 96-465 Sec 809.....       659
    Qualified former spouses.......  PL 96-465 Sec 830.....       682
    Thrift Savings Fund              PL 96-465 Sec 829.....       682
     participation.
  Retirement, involuntary
    Benefits.......................  PL 96-465 Sec 608.....       627
  Salaries.........................  PL 96-465 Sec 401-409.       610
    After reemployment.............  PL 96-465 Sec 824.....       677
    Chiefs of mission..............  PL 96-465 Sec 401.....       610
    Consular agents................  PL 96-465 Sec 409.....       617
    Conversion to Foreign Service    PL 96-465 Sec 2102....       738
     Schedule.
    Conversion to Senior Foreign     PL 96-465 Sec 2103....       739
     Service.
    Foreign national employees.....  PL 96-465 Sec 408.....       615
    Foreign Service Schedule.......  PL 96-465 Sec 403.....       612
    Officers.......................  PL 96-465 Sec 403.....       612
    Special differential...........  PL 96-465 Sec 412.....       617
    Transition period..............  PL 96-465 Sec 2101....       738
Foreign Service--Continued
  Salaries--Continued
    U.S. personnel at United         PL 79-264 Sec 2.......      2221
     Nations.
  Security officers
    Conversion from Foreign Service  PL 96-465 Sec 2104(c).       741
  Selection boards.................  PL 96-465 Sec 602-603.       624
  Selection boards records
    Confidentiality of.............  PL 96-465 Sec 604.....       625
  Selection-out
    Special annuity................  PL 95-105 Sec 411.....       536
  Senior Foreign Service
    Appointment to.................  PL 96-465 Sec 305.....       607
    Salaries.......................  PL 96-465 Sec 402.....       611
  Senior positions
    Classification of..............  PL 103-236 Sec 175....       233
  Separation for cause.............  PL 96-465 Sec 610.....       629
  Special agents
    General authority..............  PL 84-885 Sec 37......        64
  Spouses
    Increasing employment..........  PL 99-93 Sec 120......       461
    Language training for..........  PL 95-105 Sec 414.....       538
  Study of
    Education and training grants..  PL 84-885 Sec 47......        76
  Survivor annuities
    Benefits for certain former      PL 96-465 Sec 831.....       685
     spouses.
                                     PL 96-465 Sec 832.....       688
  Survivor benefits
    Former spouses.................  PL 96-465 Sec 2109....       744
  Termination of appointments......  PL 96-465 Sec 612-613.       631
  Terrorist threats
    Danger pay.....................  PL 98-533 Sec 304.....       994
  Training
    Institution or center for......  PL 96-465 Sec 701.....       632
    Internationally recognized       PL 96-465 Sec 708.....       637
     human rights.
    Trust Territory of the Pacific   PL 96-465 Sec 701(c)..       633
     Islands.
  Training authorities.............  PL 96-465 Sec 704-705.       636
  Training institution
    Assignment to..................  PL 96-465 Sec 704.....       635
    Visiting Scholars Program......  PL 96-465 Sec 707.....       637
  Travel
    Expenses.......................  PL 96-465 Sec 901.....       702
    Extra pay......................  PL 84-885 Sec 32......        56
  Vehicle use
    Provided by Secretary of State.  PL 84-885 Sec 28......        52
  Voting rights in Federal           PL 96-465 Sec 906.....       707
   elections.
  Women and minority personnel
    Report to Congress.............  PL 103-236 Sec 178....       233
Foreign Service Act
  Implementation of
    Labor-management consultation..  PL 96-465 Sec 2402(c).       746
Foreign Service Act of 1980........  PL 96-465.............       587
  Standards for
    Educational and cultural         EO 11034 Sec 5........      1385
     exchange.
Foreign Service buildings
  Additional appropriations........  PL 75-543.............      1120
  Appropriations authorization.....  PL 69-186 Sec 4.......      1112
  Chancery in Moscow
    Report to Congress.............  PL 102-138 Sec 132....       311
  Consular facilities abroad
    Closing of.....................  PL 84-885 Sec 48......        77
  Consular facilities in
   Bratislava, Czechoslovakia
    Opening of.....................  PL 101-246 Sec 124....       351
  Consular facilities in Mexico
    Improvement of.................  PL 98-164 Sec 103.....       481
  Consulates to remain open........  PL 97-241 Sec 103.....       499
Foreign Service buildings--
 Continued
  Consulates to remain open--
   Continued
                                     PL 96-60 Sec 108......       510
  Contracts
    Award of.......................  PL 69-186 Sec 11......      1118
    Terms of.......................  PL 69-186 Sec 3.......      1112
  Defines..........................  PL 106-113 Sec 603....       952
  Destruction of property..........  PL 69-186 Sec 9.......      1117
  Diplomatic construction program..  PL 99-399 Sec 402.....       913
  Embassy facilities
    Obligation priorities..........  PL 101-113 Sec 605....       953
  Embassy facilities in Dar es
   Salaam, Tanzania
    Destruction of.................  PL 101-113 Sec 602....       951
  Embassy facilities in Jerusalem
    Appropriations authorization...  PL 104-45 Sec 4.......      1123
    Timetable......................  PL 104-45 Sec 3.......      1123
  Embassy facilities in Nairobi,
   Kenya
    Destruction of.................  PL 101-113 Sec 602....       951
  Embassy facilities in Ottawa,
   Canada
    Construction of................  PL 101-246 Sec 125....       352
  Embassy security
    Findings of Congress...........  PL 106-113 Sec 602....       951
  Foreign currencies
    Use of.........................  PL 69-186 Sec 4(i)....      1116
  Gifts of property or services....  PL 69-186 Sec 9.......      1117
  Government agencies..............  PL 69-186 Sec 1.......      1111
  Insurance........................  PL 69-186 Sec 5.......      1116
  Leaseholds
    Length of......................  PL 69-186 Sec 6.......      1116
  Local guard contracts
    Increased U.S. participation...  PL 101-246 Sec 136....       356
  Mission in Moscow
    Space requirements.............  PL 102-138 Sec 132....       311
  Moscow
    Multiyear contracting..........  PL 102-138 Sec 116....       307
  Overseas Presence Advisory Panel
    Secretary of State review......  PL 101-113 Sec 607....       956
  Purpose of legislation...........  PL 69-186 Sec 1.......      1111
  Rent credited....................  PL 69-186 Sec 1.......      1111
  Reports to Congress..............  PL 69-186 Sec 9.......      1117
  Residences.......................  PL 69-186 Sec 3.......      1112
  Secretary of State...............  PL 69-186 Sec 1.......      1111
                                     PL 69-186 Sec 10......      1117
  Security
    Advisory Panel on..............  PL 98-533 Sec 301.....       994
  Security requirements............  PL 101-113 Sec 606....       954
  Security, construction, and
   maintenance
    Appropriations authorization...  PL 101-113 Sec 604....       951
  Soviet Union locations...........  PL 69-186 Sec 4(i)....      1116
  Surplus property
    Disposal of....................  PL 79-547.............      1121
  United States Embassy in Moscow
    Appropriations authorization,    PL 102-138 Sec               300
     1992-1993.                       101(a)(7).
  United States missions abroad
    Appropriations, 2001...........  PL 106-553 Title IV...       561
    Maintenance of.................  PL 102-138 Sec 125....       308
  USIA's facilities................  PL 69-186 Sec 4.......      1112
Foreign Service Buildings Act, 1926  PL 69-186.............      1111
  Implementation of
    Appropriations authorization...  PL 79-547.............      1121
Foreign Service Buildings Fund.....  PL 69-186 Sec 4.......      1112
Foreign Service Institute
  Training facilities..............  PL 99-93 Sec 123......       461
Foreign Service Labor Relations      PL 96-465 Sec 1006....       711
 Board.
Foreign Service Pension System.....  PL 96-465 Sec 851-862.       691
Foreign Service Retirement           PL 94-350 Sec 500.....       776
 Amendments of 1976.
  Effective dates..................  PL 94-350 Sec 524.....       777
Foreign Service Retirement and
 Disability Fund
  Appropriations, 2001.............  PL 106-553 Title IV...       562
Foreign Service Retirement and
 Disability System
  (see Foreign Service, retirement)
Foreign Service Schedule
  Salaries for Service personnel...  PL 96-465 Sec 403.....       612
Foreign Sovereign Immunities
  Actions against foreign states...  28 USC Ch 97..........      1046
    District courts jurisdiction...  28 USC 1330...........      2271
Foreign trade
  (see Trade)
Foreign travel
  Expenses
    Reports to Congress............  PL 105-277 Sec 2505...       197
Former Soviet Union                  PL 102-484 Sec 1401...      1651
 Demilitarization Act of 1992.
Formosa Resolution (PL 84-4)
  Repeal of........................  PL 93-475 Sec 3.......       550
Free Europe
  (see Radio Free Europe and Radio
   Liberty)
Freedom for Russia and Emerging      PL 102-511............      1640
 Eurasian Democracies and Open
 Markets Support Act of 1992.
FREEDOM Support Act................  PL 102-511............      1640
Fugitives
  (see Refugees)
Fulbright Academic Exchange Program
  Authorization, 1984-1985.........  PL 98-164 Sec 206.....      1314
Fulbright Academic Exchange
 Programs
  Additional Appropriations          PL 102-138 Sec 222....      1285
   authorization.
  Appropriations authorization.....  PL 105-277 Sec              1258
                                      2401(3)(A).
                                     PL 102-138 Sec 221(2).      1285
  Appropriations authorization,      PL 103-236 Sec              1267
   1994-1995.                         201(a)(2)(A).
  Appropriations authorization,      PL 106-113 Sec 104(c).       131
   2000-2001.
  Vietnam
    Appropriations authorization,    PL 106-113 Sec 104(c).       131
     2000-2001.
Fulbright Educational Exchange       PL 87-256 Sec               1366
 Program.                             112(a)(1).
Fulbright-Hays Act.................  PL 87-256.............      1353
  (see Mutual Educational and
   Cultural Exchange Act of 1961)
  Administration of................  EO 11034..............      1383
Fulbright, J. William Foreign
 Scholarship Board
  Members of.......................  PL 101-246 Sec 204....      1293
 
 
                                    G
 
General Accounting Office (GAO)
  Diplomatic and Consular Service
    Audit of.......................  PL 84-885 Sec 20......        46
General Services Administration
  Gifts (foreign)
    Disposal of....................  22 CFR 3.6............      1139
George C. Marshall
  Memorial statue of...............  PL 95-426 Sec 104.....       515
Germany-U.S. relations
  Atomic energy cooperation........  PL 83-703 Sec 125.....      1852
  Teenage exchange program.........  PL 98-164 Sec 211.....      1316
Gifts (foreign)
  Approval for use of..............  S Res 90-314..........      1129
Gifts (foreign)--Continued
  Chief of Protocol
    Authority of...................  22 CFR 3.4-3.7........      1137
  Defined..........................  PL 89-673 Sec 2.......      1128
                                     PL 95-105 Sec               1130
                                      515(a)(1).
                                     22 CFR 3.3............      1136
  Deposited........................  PL 89-673 Sec 6.......      1128
                                     PL 95-105 Sec               1130
                                      515(a)(1).
                                     22 CFR 3.5............      1138
                                     22 CFR 3.6............      1139
  Inducement prohibited............  PL 95-105 Sec               1130
                                      515(a)(1).
                                     22 CFR 3.5............      1138
  Receipt of
    Chief of mission                 22 CFR 3.11...........      1136
     responsibilities.
  Release to donee.................  PL 89-673 Sec 6.......      1128
                                     PL 95-105 Sec               1130
                                      515(a)(1).
                                     22 CFR 3.4............      1137
  Reports to Congress..............  PL 95-105 Sec               1131
                                      515(b)(2).
  Senate procedures................  PL 95-105 Sec               1130
                                      515(a)(1).
  Value............................  PL 95-105 Sec               1130
                                      515(a)(1).
                                     22 CFR 3.5............      1138
Gifts (general)
  Acceptance by Secretary of State.  PL 84-885 Sec 25......        50
  Disposition of...................  PL 84-885 Sec 25......        50
  To Foreign Service buildings.....  PL 69-186 Sec 9.......      1117
Goods and services
  Procurement from private
   companies
    U.S. policy on.................  PL 105-277 Sec 2218...       184
Government secrecy (U.S.)
  Findings of Congress.............  PL 103-236 Sec 902....       290
Government Secrecy, Commission on    PL 103-236 Sec 903....       290
 Protecting and Reducing.
Governments (foreign)
  Assignment of USIA personnel.....  PL 80-402 Sec 301.....      1224
  Nuclear test monitoring equipment
    Furnishing.....................  PL 106-398 Sec 1203...      1914
  Technology transfers to..........  PL 106-398 Sec 1205...      1914
    Report to Congress.............  PL 106-65 Sec 1402....      1917
  U.S. recognition of
    Sense of the Senate............  S Res 91-205..........      1211
Great Lakes Fishery Commission
  Appropriations authorization,      PL 102-138 Sec 177....       321
   1992-1993.
Grievances
  (see Foreign Service, employee-
   management relations)
Guernica
  Transferal to the Spanish          PL 95-426 Sec 605.....       526
   Republican Government.


                                    H

Hague Conference on Private          PL 97-241 Sec 114.....       504
 International Law.
Hague Convention on International
 Child Abduction
  Compliance with
    Report to Congress.............  PL 105-277 Sec 2803...       199
Hague Convention on the Civil        EO 12648..............      2315
 Aspects of International Child
 Abduction
Haiti-U.S. relations
  Human rights violations
    Report to Congress.............  PL 103-423 Sec 4......      2069
  Immigration to the United States
    Status adjustment..............  PL 105-277 Sec 901....      1174
  National security objectives
    Report to Congress.............  PL 103-423 Sec 2......      2068
Haiti-U.S. relations--Continued
  Political or extra judicial
   killings
    Investigation of...............  PL 105-277 Title VI...       580
    Visa denial to certain persons.  PL 105-277 Title VI...       580
  Refugees.........................  PL 96-422 Sec 501.....      1188
                                     EO 12341..............      1192
    Report on assistance costs.....  PL 97-241 Sec 502.....       505
  U.S. armed forces in
    Sense of Congress..............  PL 103-423 Sec 1......      2068
Haitian Refugee Immigration          PL 105-277 Sec 901....      1174
 Fairness Act of 1998.
                                     PL 106-554 Sec 1505(b)      1336
Herbicides
  Dioxin
    International commissions use    PL 98-164 Sec 135.....       489
     of.
HEU Agreement
  Enrichment Oversight Committee...  EO 13085 Sec 4........      1894
Honduras-U.S. relations
  Terrorism........................  PL 100-204 Sec 1213...       440
Hong Kong
  Economic and Trade Offices
    Privileges and immunities......  PL 105-22.............      2258
Hong Kong-China relations
  U.S. policy toward...............  PL 101-246 Sec 901....       383
Hong Kong-U.S. relations
  U.S. policy toward
    Sense of Congress..............  PL 102-138 Sec 357....       333
Hostage Relief Act of 1980.........  PL 96-449.............       996
  Delegation of authority..........  EO 12268..............      1004
Hostages (U.S.)....................  PL 96-449.............       996
  Civil Relief Act of 1940
    Application extension..........  PL 96-449 Sec 105.....       999
  Education benefits...............  PL 96-449 Sec 104.....       998
  Iran
    Red Cross visits...............  PL 96-449 Sec 301.....      1003
  Medical care.....................  PL 96-449 Sec 103.....       997
  Pay and allowances...............  PL 96-449 Sec 102.....       997
  Taxes
    Compensation excluded..........  PL 96-449 Sec 201.....      1000
Hubert H. Humphrey Fellowship
 Program
  Appropriations authorization,      PL 103-236 Sec              1267
   1994-1995.                         201(a)(2)(B).
Human rights
  Annual report
    Sections relating to freedom     PL 105-292 Sec 102....      1083
     from religious persecution.
  Assistant Secretary of State for   PL 84-885 Sec 1(c)(2).        34
   Democracy, Human rights, and
   Labor.
  Assistant Secretary of State for   PL 95-105 Sec 109.....       535
   Human Rights and Humanitarian
   Affairs.
  Belgrade Conference..............  PL 95-105 Sec 502.....       538
  Cambodia and Uganda..............  PL 95-426 Sec 610.....       529
  China
    Findings of Congress...........  PL 106-113 Sec 871....       163
    Sense of Congress..............  PL 100-204 Sec 1245...       452
    Violations in Tibet............  PL 100-204 Sec 1243...       448
  Coordinator for Human Rights and   PL 95-105 Sec 109.....       535
   Humanitarian Affairs.
  Cuba
    Sense of Congress..............  PL 100-204 Sec 1211...       439
  East Timor
    U.S. policy toward.............  PL 102-138 Sec 359....       334
  Ethiopia
    Sense of Congress..............  PL 100-204 Sec 1221...       441
  Food and medical care............  PL 103-236 Sec 503....       247
  Interagency Working Group On
   Human Rights Treaties
    Established....................  EO 13107..............       858
Human rights--Continued
  Iran
    Violations of..................  PL 100-204 Sec 1235...       445
  Monitoring in China
    Using additional Foreign         PL 106-113 Sec 872....       164
     Service personnel.
  Paraguay
    Sense of Congress..............  PL 100-204 Sec 1214...       441
  Torture
    Civil actions against..........  PL 102-256............       979
    Definitions and criminal         18 USC 2340-2340B.....       895
     penalties.
    Protection from................  PL 102-256............       979
  Treaties
    Implementation of..............  EO 13107..............       857
  Violations in Laos
    Report to Congress.............  PL 105-277 Sec 2806...       203
Human Rights, Refugee, and Other     PL 104-319............      1263
 Foreign Relations Provisions Act
 of 1996.
Humanitarian law
  Violations of
    Rewards for information on.....  PL 105-323 Sec 102....       166
Humphrey Fellowship Program........  PL 87-256 Sec               1366
                                      112(a)(2).
  Appropriations authorization.....  PL 102-138 Sec 221(3).      1285
  Authorization, 1984-1985.........  PL 98-164 Sec 206.....      1314
  Sense of Congress................  PL 101-246 Sec 226....      1296
Hungary-U.S. relations
  Educational and cultural exchange  PL 101-610 Sec 602....      1381
Hunger prevention
  (see Food aid)


                                    I

Ideology
  Recognition policy...............  S Res 91-205..........      1211
Immigration
  Amerasian children
    Resettlement in the United       PL 100-204 Sec 905....       435
     States.
  Automated Visa Lookout System....  PL 103-236 Sec 140(b).       228
                                     PL 102-138 Sec 128....       309
  China
    Nationals in the United States.  PL 102-404............      1194
  Cuban nationals
    Processing for admission to the  PL 100-204 Sec 903....       432
     United States.
    Status adjustment..............  PL 105-100 Sec 202....      1180
    Status adjustment for spouses    PL 105-100 Sec 902(d).      1182
     and children.
  Haitian nationals
    Status adjustment..............  PL 105-277 Sec 901....      1174
    Status adjustment for spouses    PL 105-277 Sec 902(d).      1176
     and children.
  Illegal aliens
    Economic incentives to           PL 99-603 Sec 601.....      1159
     alleviate.
    Interdiction of................  EO 12807..............      1170
  Nicaraguan nationals
    Status adjustment..............  PL 105-100 Sec 202....      1180
    Status adjustment for spouses    PL 105-100 Sec 902(d).      1182
     and children.
  Non immigrants...................  PL 79-291 Sec 7(c) fn.      2251
  Powers and duties of the           PL 82-414 Sec 104(a)..      1154
   Secretary of State.
  Privileges and immunities........  PL 79-291 Sec 7-9.....      2251
  Scientists
    Baltic States..................  PL 102-509 Sec 2......      1206
    Former Soviet Union............  PL 102-509 Sec 2......      1206
Immigration--Continued
  Soviet Union (former) scientists
    Processing for admission to the  PL 102-509 Sec 2......      1206
     United States.
  Syrian nationals
    Status adjustment..............  PL 106-378 Sec 2......      1166
Immigration and Nationality Act
  Chinese nationals................  PL 102-404............      1194
Immigration and Nationality Act of   PL 82-414.............      1154
 1952.
  National emergency provisions....  PL 82-414 Sec 215.....      1047
Immigration and Nationality          PL 103-416............      1193
 Technical Corrections Act of 1994.
Immigration Reform and Control Act   PL 99-603.............      1159
 of 1986.
Import regulations
  Educational and cultural           PL 89-259.............      1452
   materials.
                                     EO 12047..............      1453
India-U.S. relations
  Cultural exchange fund...........  PL 98-164 Sec 901.....      1434
  Nuclear material export..........  EO 12218..............      1815
  Nuclear materials
    Export of......................  PL 98-164 Sec 1007....       492
  Nuclear materials export.........  EO 12055..............      1816
Indochina War
  MIA
    Asylum program.................  PL 106-484 Sec 2......      1163
    U.N. actions...................  PL 94-141 Sec 503.....       549
  Tonkin Gulf Resolution...........  PL 88-408.............      2095
                                     PL 88-408 Note........      2096
Indochinese Refugee Resettlement     PL 100-202 Title VIII.      1197
 and Protection Act of 1987.
Information
  Freedom of transfer..............  PL 95-426 Sec 603.....       525
Information offices (foreign)
  Maintained in the United States..  PL 95-105 Sec 504.....       539
Inspector General Act
  Office of Inspectors General
    Term limits....................  PL 103-236 Sec 505....       248
  Sense of the Senate..............  PL 103-236 Sec 505....       248
Inspector General of the Department  PL 96-465 Sec 209.....       599
 of State and the Foreign Service.
  Abolished........................  PL 99-93 Sec 150(b)...       469
Institute for Media Development
  Voice of America
    Audio and video materials......  PL 106-309 Sec 407....      1491
Institute for Scientific and
 Technological Cooperation
  Abolition of.....................  PL 105-277 Sec 1411...       761
Intelligence (foreign)
  Activities
    Assessment of..................  EO 12863 Part I.......       841
    Oversight of...................  EO 12863 Part II......       842
  Assassination prohibition........  EO 12333 Sec 2.11.....       838
  Business records access..........  PL 95-511 Sec 502.....       821
  Collection of....................  EO 12333..............       824
                                     EO 12333 Sec 2.3......       835
  Congressional oversight..........  EO 12333 Sec 3.1......       838
  Defense, Department of...........  EO 12333 Sec 1.11.....       831
  Electronic surveillance
    Authorization to use...........  PL 95-5 Sec 102.......       791
    Civil liability................  PL 95-511 Sec 110.....       803
    Criminal sanctions.............  PL 95-511 Sec 109.....       802
    Definition.....................  PL 95-511 Sec 101(f)..       789
                                     PL 95-511 Sec 503.....       823
    Report to Congress.............  PL 95-5 Sec                  791
                                      102(a)(1)(C).
                                     PL 95-511 Sec 107-108.       802
    Use of information acquired....  PL 95-511 Sec 106.....       799
    War time authorization.........  PL 95-511 Sec 111.....       803
Intelligence (foreign)--Continued
  Energy, Department of............  EO 12333 Sec 1.13.....       834
  Federal Bureau of Investigation
    Responsibilities...............  EO 12333 Sec 1.14.....       834
  National Foreign Intelligence      EO 12333 Sec 1.3......       826
   Advisory Groups.
  Physical searches
    Approval of....................  EO 12949..............       844
  Physical searches in the United    PL 95-511 Sec 301.....       803
   States.
    Authorization for..............  PL 95-511 Sec 302.....       805
    Minimization procedures........  PL 95-511 Sec 301(4)..       804
    Order application..............  PL 95-511 Sec 303.....       807
    Order issuance.................  PL 95-511 Sec 304.....       809
    Report to Congress.............  PL 95-511 Sec 306.....       814
    Use of information.............  PL 95-511 Sec 305.....       811
  President's Foreign Intelligence   EO 12863..............       841
   Advisory Board.
  Senior officials.................  EO 12333 Sec 1.7......       829
  State, Department of.............  EO 12333 Sec 1.9......       830
  Treasury, Department of..........  EO 12333 Sec 1.10.....       830
Intelligence
  Surveillance
    Definitions....................  PL 95-511 Sec 101.....       787
Intelligence Authorization Act for   PL 98-618.............      2286
 Fiscal Year 1985.
Intelligence Authorization Act for   PL 104-93.............       978
 Fiscal Year 1996.
Intelligence Authorization Act for   PL 104-293 Sec 1......      1725
 Fiscal Year 1997.
Intelligence Authorization Act for   PL 105-107............       959
 Fiscal Year 1998.
INTELSAT Agreement
  Amendment to.....................  PL 99-93 Sec 146(c)...       467
Inter-American Institute for
 Cooperation on Agriculture
  U.S. contribution to, 1982-1983..  PL 97-241 Sec 105.....       501
Inter-American organizations
  Funding levels
    Sense of Congress..............  PL 102-138 Sec 178....       321
  Resources for....................  PL 103-236 Sec 427....       244
Inter-American Social Development
 Institute
  (see Inter-American Foundation)
Interagency Security Committee.....  EO 12977..............      1005
  Agency support and cooperation...  EO 12977 Sec 6........      1006
  Establishment of.................  EO 12977 Sec 1........      1005
  Federal facilities
    Protection of..................  EO 12977..............      1005
Interagency Task Force to Monitor    PL 106-386 Sec 105....      1060
 and Combat Trafficking.
Interagency Working Group On Human
 Rights Treaties
  Established......................  EO 13107..............       858
Interagency Working Group on United  EO 13055..............      1347
 States Government-Sponsored
 International Exchanges & Training.
                                     PL 87-256 Sec 112(g)..      1368
Intercountry Adoption Act of 2000..  PL 106-279............      2289
  Central Authority designation....  PL 106-279 Sec 101....      2291
  Convention records access........  PL 106-279 Sec 401....      2303
  Definitions......................  PL 106-279 Sec 3......      2294
Intergovernmental Committee for
 European Migration
  U.S. membership in...............  PL 87-510 Sec 2.......      1144
International Academic Opportunity   PL 106-309 Sec 301....      1372
 Act of 2000.
  Grants programs
    Reports to Congress............  PL 106-309 Sec 304....      1373
International Academic Opportunity
 Act of 2000--Continued
  U.S. students
    Grant programs.................  PL 106-309 Sec 303....      1372
International agreements
  (see Executive-legislative
   relations)
  Case-Zablocki Act................   1 USC 112b...........       846
  Expenses in arbitrating..........  PL 84-885 Sec 38......        65
  Prior consultation...............  1 USC 112b(c).........       846
  Reporting to Congress............  22 CFR 181.1..........       848
    Criteria.......................  22 CFR 181.2..........       849
  Transmittal of text to Congress
    Enforcing requirement of.......  PL 100-204 Sec 139....       407
  Transmitting to Congress.........  1 USC 112b............       846
                                     22 CFR 181.7..........       855
  United States Treaties and Other   1 USC 112a............       845
   International Agreements.
  Yalta executive agreements
    U.S. policy toward application.  PL 99-93 Sec 804......       471
International Anti-Terrorism
 Committee
  Proposal for.....................  PL 99-399 Sec 701.....       920
International Atomic Energy Agency
  Confidence in
    Multilateral and bilateral       PL 103-236 Sec 841....       286
     initiatives.
  Cuba
    Programs or projects in........  PL 105-277 Sec 2809...       205
  North Korea
    Nuclear safeguards agreement...  PL 106-113 Sec 822....      1883
  Nuclear weapons
    Non-proliferation activities...  PL 103-160 Sec 1611(b)      1989
  Reports to Congress..............  PL 85-177 Sec 3.......      1905
  Safeguards responsibilities
    Internal reforms...............  PL 103-236 Sec 842....       287
  Senate approval of statute change  PL 85-177 Sec 8.......      1907
  U.S. contribution................  PL 85-177 Sec 5.......      1905
  U.S. participation in............  PL 85-177.............      1904
  U.S. representative to...........  PL 85-177 Sec 2.......      1904
International Atomic Energy Agency   PL 85-177.............      1904
 Participation Act of 1957.
International Bank for
 Reconstruction and Development
  (see World Bank)
International Boundary and Water
 Commission
  Appropriations authorization,      PL 101-246 Sec 103(1).       348
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 103....       304
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 103....       221
   1994-1995.
  Appropriations authorization,      PL 106-113 Sec 102(1).       126
   2000-2001.
  Appropriations, 2001.............  PL 106-553 Title IV...       563
  Assisting state and local          PL 106-113 Sec 702....       155
   governments.
International Boundary and Water
 Commission, U.S. and Mexico
  Appropriations authorization,      PL 105-277 Sec 2102(1)       174
   1998-1999.
  Appropriations authorization,      PL 106-113 Sec 102(1).       126
   2000-2001.
International Boundary Commission,
 U.S. and Canada
  Appropriations authorization,      PL 101-246 Sec 103(2).       349
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 103....       304
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 103(2).       221
   1994-1995.
  Appropriations authorization,      PL 105-277 Sec 2102(2)       174
   1998-1999.
  Appropriations authorization,      PL 106-113 Sec 102(2).       126
   2000-2001.
International Boundary Commission,
 U.S. and Mexico
  Appropriations authorization,      PL 103-236 Sec 103(1).       221
   1994-1995.
International Broadcasting Bureau
  Cuba Service.....................  PL 98-111 Sec 4.......      1531
  Established......................  PL 103-236 Sec 307....      1482
International Center Act...........  PL 90-553.............      1125
International Child Abduction        PL 100-300............      2309
 Remedies Act.
  Central Authority designation....  PL 100-300 Sec 7......      2312
  Definitions......................  PL 100-30 Sec 3.......      2310
International Civil Aviation
 Organization
  U.S. participation in............  PL 84-885 Sec 6.......        42
International coffee agreement
  Sense of Congress................  PL 102-138 Sec 179....       321
International Coffee Organization
  Prohibition on contributions to..  PL 103-236 Sec 428....       244
International commissions
  American sections
    Appropriations, 2000...........  PL 106-246 Title II...       570
    Appropriations, 2001...........  PL 106-553 Title IV...       564
  Appropriations authorization,      PL 100-204 Sec 103....       399
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 103....       348
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 103....       304
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 103....       221
   1994-1995.
  Appropriations authorization,      PL 105-277 Sec 2102...       174
   1998-1999.
  Appropriations authorization,      PL 106-113 Sec 102....       126
   2000-2001.
  Appropriations, 2001.............  PL 106-553 Title IV...       563
  Construction
    Appropriations, 2001...........  PL 106-553 Title IV...       563
  Foreign Service Officers assigned  PL 96-465 Sec 503.....       621
   to.
  Herbicides containing dioxin
    Use of.........................  PL 98-164 Sec 135.....       489
  International Boundary and Water
   Commission
    Appropriations, 2001...........  PL 106-553 Title IV...       563
  International Fisheries
   Commission
    Appropriations, 2001...........  PL 106-553 Title IV...       564
  Salaries and expenses............  PL 106-553 Title IV...       563
International Committee of the Red
 Cross
  Contribution restriction.........  PL 101-246 Sec 410....       371
  Contribution to..................  PL 100-204 Sec 742....       429
                                     PL 99-93 Sec 109......       460
  Privileges and immunities........  PL 79-291 Sec 13......      2253
International Communication Agency.  EO 12048..............      1349
  (see also United States
   Information Agency)
  Director
    Functions transferred..........  RP 77-2 Sec 7.........      1342
  Redesignated the United States     PL 97-241 Sec 303.....      1318
   Information Agency.
  References to the USIA...........  EO 12048 Sec 10.......      1350
  Reorganization Plan No. 2 of 1977  EO 12048 Sec 1........      1349
International Communication,         RP 77-2 Sec 8.........      1344
 Cultural and Educational Affairs,
 Advisory Committee on.
International communications
  (see Communications
   (International))
International conferences and
 contingencies
  Appropriations authorization,      PL 100-204 Sec 102....       398
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 102....       347
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 102....       302
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 102(e).       220
   1994-1995.
  Appropriations authorization,      PL 105-277 Sec 2501...       195
   1998-1999.
  CSCE
    Obligation restrictions........  PL 101-246 Sec 102....       347
International conferences or
 meetings
  Hosted and paid for by the United  PL 84-885 Sec 50......        78
   States.
International cooperation
  Atomic energy
    Restrictions on................  PL 83-703 Sec 123.....      1847
International Copper Study Group
  U.S. membership in...............  PL 103-236 Sec 425....       244
International Cotton Advisory
 Committee
  U.S. membership..................  PL 94-350 Sec 113.....       546
International Court of Justice
  Resolution of disputes
    Sense of Congress..............  PL 101-246 Sec 411....       371
International Criminal Court
  Sense of the Senate..............  PL 103-236 Sec 517....       254
  U.S. accession
    Restrictions on................  PL 106-113 Sec 704....       156
  U.S. citizens extradition to
    Prohibitions on................  PL 106-113 Sec 706....       156
  U.S. participation in............  PL 103-236 Sec 518-519       255
International criminal tribunals
  U.S. accession to
    Restrictions on................  PL 105-277 Sec 2502...       195
International criminals
  Information system on
    Reports to Congress............  PL 105-277 Sec 2214(b)       183
International Cultural Exchange and
 Trade Fair Participation Act of
 1956
  Repealed.........................  PL 87-256 Sec               1365
                                      111(a)(3).
International Development Law
 Institute
  Privileges and immunities........  PL 102-511 Sec 805....      2257
International exchanges and
 training programs
  USIA
    Interagency Working Group on...  EO 13055..............      1347
                                     PL 87-256 Sec 112(g)..      1368
International Fisheries Commission
  Appropriations authorization,      PL 101-246 Sec 103(4).       349
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 103....       304
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 103(4).       222
   1994-1995.
  Appropriations authorization,      PL 105-277 Sec 2102(4)       175
   1998-1999.
  Appropriations authorization,      PL 106-113 Sec 102(4).       127
   2000-2001.
  Appropriations, 2001.............  PL 106-553 Title IV...       564
International games for the          PL 99-93 Sec 207......      1310
 handicapped.
International Joint Commission.....  PL 94-350 Sec 115.....       546
  Appropriations authorization,      PL 101-246 Sec 103(3).       349
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 103....       304
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 103(3).       222
   1994-1995.
  Appropriations authorization,      PL 105-277 Sec 2102(3)       175
   1998-1999.
  Appropriations authorization,      PL 106-113 Sec 102(3).       222
   2000-2001.
International Joint Commission,
 United States and Canada
  Entertainment expenses...........  PL 84-885 Sec 19......        46
International Jute Organization
  Prohibition on contributions to..  PL 103-236 Sec 429....       244
  U.S. membership in...............  PL 99-93 Sec 145......       467
International law
  (see U.N.)
International Law Enforcement
 Academy (ILEA)
  Establishment of.................  PL 101-113 Sec 609....       957
International Lead and Zinc Study
 Group
  U.S. membership..................  PL 94-350 Sec 113.....       546
International Maritime and Port      PL 99-399 Sec 901.....       933
 Security Act.
International Maritime Organization
  Seaport and shipboard security     PL 99-399 Sec 902.....       934
   against terrorists.
International organizations
  (see also respective
   institutions)
  Annual obligations...............  PL 106-553 Title IV...       562
  Appropriations authorization,      PL 100-204 Sec 102....       398
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 102....       347
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 102....       302
   1992-1993.
                                     PL 102-311 Sec 2(c)...       342
  Appropriations authorization,      PL 103-236 Sec 102....       219
   1994-1995.
  Appropriations authorization,      PL 106-113 Sec 106....       131
   2000-2001.
  Defined..........................  PL 79-291 Sec 1.......      2247
International organizations--
 Continued
  Designated by President..........  PL 79-291 Sec 1.......      2247
  Employing U.S. citizens
    Report to Congress.............  PL 102-138 Sec 181....       322
  Financial contributions to
    Report to Congress.............  PL 81-806 Sec 2.......      2239
  International environmental
   organizations
    U.S. membership in.............  PL 101-246 Sec 403....       368
  International Sugar Organization
    U.S. membership in.............  PL 101-246 Sec 401....       367
  International Tropical Timber
   Organization
    U.S. membership in.............  PL 101-246 Sec 401....       367
  Privileges and immunities........  PL 79-291 Sec 2.......      2249
    Immigration....................  PL 79-291 Sec 7-9.....      2251
    Taxes..........................  PL 79-291 Sec 3-6.....      2250
  Programs
    Withholding U.S. contributions.  PL 103-236 Sec 431....       245
  Report to Congress...............  PL 102-138 Sec 176....       320
  Responsibilities of the U.S.       PL 99-93 Sec 140......       466
   representatives to.
  Taiwan
    U.S. support for...............  PL 106-113 Sec 704....       155
  U.N. assessment
    Appropriations, 2001...........  PL 106-553 Title IV...       562
  U.S. contributions to
    Appropriations authorization,    PL 102-311 Sec 2(c)...       342
     1992-1993.
    Limitation on..................  PL 92-544.............      2240
  U.S. participation in............  PL 81-806.............      2239
  Voluntary contributions
    Appropriations authorization,    PL 105-277 Sec 2104...       175
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec 108....       135
     2000-2001.
International Organizations          PL 79-291.............      2247
 Immunities Act.
International Peacekeeping Act of    PL 102-311 Sec 1......       342
 1991.
International peacekeeping
 activities
  Appropriations authorization,      PL 100-204 Sec 102....       398
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 102....       347
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 102....       302
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 102(b).       219
   1994-1995.
  Appropriations authorization,      PL 105-277 Sec 2105...       177
   1998-1999.
  Appropriations authorization,      PL 106-113 Sec 107....       134
   2000-2001.
  Appropriations, 2001.............  PL 106-553 Title IV...       563
  United Nations
    Appropriations authorization,    PL 102-311 Sec 2......       342
     1992-1993.
International Religious Freedom Act  PL 105-292 Sec 1......      1077
 of 1998
  Definitions......................  PL 105-292 Sec 3......      1080
  Findings of Congress.............  PL 105-292 Sec 2......      1078
  U.S. policy......................  PL 105-292 Sec 2(b)...      1080
International Religious Freedom,
 United States Commission on
  Appropriations, 2000.............  PL 106-246 Title II...       571
International Rubber Study Group
  U.S. membership..................  PL 94-350 Sec 113.....       546
International Seed Testing
 Association
  U.S. membership..................  PL 94-350 Sec 113.....       546
International Space Station
  Extraordinary payments
    Restrictions on................  PL 106-178 Sec 6......      1669
International Sugar Organization
  U.S. membership in...............  PL 101-246 Sec 401....       367
International Telecommunications
 Satellite Organization (INTELSAT)
  U.S. policy......................  PL 99-93 Sec 146......       467
International Tropical Timber
 Organization
  U.S. membership in...............  PL 101-246 Sec 401....       367
International Union for the
 Conservation of Nature and Natural
 Resources
  U.S. membership in...............  PL 101-246 Sec 402....       367
Interparliamentary exchanges
  Deposit of funds.................  PL 103-236 Sec 502....       247
Interparliamentary groups
  Additional authorization, 1984-    PL 98-164 Sec 109(c)..       482
   1985.
Interparliamentary Union
  Bureau of
    U.S. membership in.............  PL 105-277 Sec 2503...       196
Interventions (military)
  Communism
    Cuba...........................  PL 87-733.............      2084
Iran
  Iraq Sanctions Act of 1990
    Applicability..................  PL 102-484 Sec 1603...      1768
Iran Nonproliferation Act of 2000..  PL 106-178 Sec 1......      1668
Iran-Iraq Arms Non-Proliferation     PL 102-484 Sec 1601...      1767
 Act of 1992.
  Definitions......................  PL 102-484 Sec 1608...      1770
Iran-Iraq relations
  U.S. policy toward...............  PL 100-204 Sec 1234...       445
Iran-U.S. relations
  Arms control
    Policy toward..................  PL 102-484 Sec 1602...      1767
  Arms transfers to
    Actions against foreign persons  PL 106-178 Sec 3......      1669
    Report to Congress.............  PL 106-178 Sec 2......      1668
  Baha'i community
    Persecution of.................  PL 100-204 Sec 1236...       446
  Court judgments against
    Funding payment amounts........  PL 106-386 Sec               946
                                      2002(b)(2).
  Hostages
    Findings of Congress...........  PL 96-449 Sec 301.....      1003
  Human rights violations
    Sense of Congress..............  PL 100-204 Sec 1235...       445
  People's Mujaheddin
    Report to Congress.............  PL 103-236 Sec 523....       258
  Proliferation to
    Report to Congress.............  PL 106-178 Sec 2......      1668
                                     PL 106-178 Sec 2......      1668
  Radio broadcasting to
    Appropriations authorization...  PL 105-277 Sec 2417...      1261
    Report to Congress.............  PL 105-277 Sec 2417(b)      1261
Iraq Sanctions Act of 1990
  Iran
    Applicability..................  PL 102-484 Sec 1603...      1768
Iraq-U.S. relations
  Arms control
    Policy toward..................  PL 102-484 Sec 1602...      1767
  Democratic opposition forces
    Appropriations authorization,    PL 105-277 Sec 2812...       207
     1998.
  Democratic opposition in
    U.S. support for...............  PL 105-277 Sec 2812...       207
  Military force against
    Authorization for use of.......  PL 102-1..............      2071
  Prisoners
    Sense of Congress..............  PL 102-138 Sec 356....       333
  United Nations Security Council
    U.S. policy on.................  PL 103-236 Sec 507....       248
  Weapons activity
    U.N. inspection and monitoring.  PL 106-398 Sec 1201...      1913
Iraq, United Nations Special
 Commission on
  Extension of counterproliferation  PL 105-261 Sec 1531...      1938
   authorities.
Ireland (Northern)-U.S. relations
  Nationals
    Training programs in the United  PL 105-319 Sec 2......      1168
     States.
  Promoting peace
    Sense of Congress..............  PL 103-236 Sec 516....       254
  Training programs................  PL 105-319 Sec 2......      1168
Irish Institute Educational and
 cultural exchange programs
  Appropriations, 2001.............  PL 106-554 Sec 210....      1391
Irish Peace Process Cultural and     PL 105-319............      1168
 Training Program Act of 1998.
  Termination of...................  PL 105-319 Sec 2(d)...      1169
Israel Arab Scholarship Fund
  Establishment of.................  PL 102-138 Sec 214....      1283
Israel-Arab Peace Partners Program
  Appropriations authorization,      PL 106-113 Sec               130
   2000-2001.                         104(a)(1)(B).
Israel-Palestine relations
  U.N. policy on...................  PL 106-113 Sec 721....       157
Israel-U.S. relations
  Constructing new U.S. facilities
    Prohibition against............  PL 100-204 Sec 130....       404
  Diplomatic status
    Sense of Congress..............  PL 103-236 Sec 562....       269
  Embassy facilities in Jerusalem
    Report on implementation.......  PL 104-45 Sec 5.......      1124
    Report to Congress.............  PL 104-45 Sec 6.......      1124
  Expulsion from United Nations
    U.S. reaction..................  PL 98-164 Sec 115.....       485
  Jerusalem
    Findings of Congress...........  PL 104-45 Sec 2.......      1122
    Relocating the United States     PL 104-45 Sec 2.......      1122
     Embassy.
                                     PL 104-45 Sec 3.......      1123
  Refugee resettlement assistance..  PL 96-60 Sec 103......       509
  Refugee resettlement assistance,   PL 97-241 Sec 107.....       501
   1982-1983.
  Refugees resettling in
    Assistance authorization, 1998-  PL 105-277 Sec               188
     1999.                            2231(a)(2).
    Assistance authorization, 2000-  PL 106-113 Sec               128
     2001.                            103(2)(B).
  Visits to
    Arab League nations passport     PL 102-138 Sec 129....       310
     policy.
Israel-Western Europe and Other
 Groups (WEOG) bloc
  Acceptance of Israel
    Report to Congress.............  PL 106-113 Sec 721....       157
Israel, Jerusalem, or the West Bank
  Facilities in
    Funds prohibition..............  PL 99-399 Sec 414.....       918
Israeli Arab Scholarship Program...  PL 106-553 Title IV...       564
Israeli-Arab Scholarship Program
  Appropriations authorization,      PL 103-236 Sec              1267
   1994-1995.                         201(a)(2)(B).


                                    J

J. William Fulbright Foreign         PL 87-256 Sec 106(a)..      1362
 Scholarship Board.
Japan-U.S. relations
  Exposition, 1985
    U.S. participation.............  PL 98-164 Sec 212.....      1316
  Friendship act
    Commission established.........  PL 94-118 Sec 4.......      1444
    Purpose of.....................  PL 94-118 Sec 2.......      1442
    Reports to Congress............  PL 94-118 Sec 5(b)....      1445
    U.S. contribution to fund......  PL 94-118 Note........      1448
  Japanese defense objectives......  PL 99-93 Sec 812......       475
  Mansfield Fellowships............  PL 103-236 Sec 252....      1274
Japan-United States Friendship Act.  PL 94-118.............      1442
Japan-United States Friendship
 Commission
  Appropriations, 1994.............  PL 94-118 Note........      1448
Japan-United States Friendship       PL 94-118 Note........      1448
 Trust Fund
  Established......................  PL 94-118 Sec 3.......      1443
  Management of....................  PL 94-118 Sec 7.......      1446
Jerusalem
  New U.S. facilities
    Prohibition against............  PL 100-204 Sec 130....       404
Jerusalem Embassy Act of 1995......  PL 104-45.............      1122
Joint Declaration on
 Denuclearization
  North Korea
    Compliance with................  PL 106-113 Sec              1883
                                      822(a)(4).
Journalism
  International freedom of.........  PL 95-426 Sec 603.....       525
  UNESCO control of
    Report to Congress.............  PL 97-241 Sec 108-109.       501
Justice for Victims of Terrorism     PL 104-132 Sec 231....       962
 Act of 1996.


                                    K

Kampuchea-U.S. relations
  Khmer Rouge
    Aid prohibition................  PL 98-164 Sec 1005....       491
Kaplan, Jan
  Sense of Congress................  PL 98-164 Sec 1006....       491
Kazakhstan
  Cooperative Threat Reduction
   programs
    Allocation of funds............  PL 105-85 Sec 1402....      1610
Khmer Rouge
  Crimes against humanity..........  PL 103-236 Sec 572....       272
Kollek, Teddy (Mayor of Jerusalem)
  Commendation.....................  PL 99-93 Sec 811......       475
Korea (North)
  Exporting nuclear materials from
   the United States
    Presidential determination.....  PL 106-113 Sec 822....      1883
  International Atomic Energy
   Agency
    Nuclear safeguards agreement...  PL 106-113 Sec 822....      1883
  North Korea Threat Reduction Act   PL 106-113 Sec 821....      1883
   of 1999.
  Treaty on the Non-Proliferation    PL 103-160 Sec 1613...      1991
   of Nuclear weapons.
Korea (North)-U.S. relations
  Nuclear cooperation
    Restrictions on................  PL 106-113 Sec 822....      1883
  Nuclear weapons
    U.S. policy on.................  PL 103-236 Sec 529....       262
Korea (Republic of)-U.S. relations
  Arms transfers...................  PL 103-236 Sec 509....       249
  Reduction of troops in...........  PL 95-105 Sec 512.....       541
Korean War
  MIA
    Asylum program.................  PL 106-484 Sec 3......      1164
Krasnoyarsk radar
  Anti-Ballistic Missile Treaty
   violation
    Sense of Congress..............  PL 101-189 Sec 1006...      2014
                                     PL 100-180 Sec 902....      2032
Kuwait-U.S. relations
  Arms sales
    Operation Desert Shield/Desert   PL 102-229 Sec 104....      1663
     Storm commitments.
  Short-wave radio transmitter.....  PL 103-236 Sec 226....      1269
Kyoto Protocol
  Implementation of
    Funding prohibition............  PL 106-553 Sec 623....       568
                                    L
 
Land mines
  Moratorium on use
    Report to Congress.............  PL 104-106 Sec 1402...      1968
Landmines
  Use by armed forces
    Moratorium on..................  PL 105-85 Sec 1309....      1951
Language training
  Foreign Service..................  PL 96-465 Sec 702.....       634
Laos
  Refugees
    Status adjustment of...........  PL 95-145 Sec 101.....      1202
Laos-U.S. relations
  Diplomatic relations with
    Expanding......................  PL 102-138 Sec 353....       331
  Human rights violations
    Report to Congress.............  PL 105-277 Sec 2806...       203
  Immigration
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
  Sense of Congress................  PL 103-236 Sec 515....       253
  USIA office
    Establishing...................  PL 102-138 Sec 216....      1284
Latin America
  (see also Alliance for Progress)
  Communist influence in...........  PL 87-733.............      2084
  Education
    (see Education)
Latin America-U.S. relations
  Improvement of...................  PL 102-138 Sec 208....      1437
  Promoting........................  PL 102-138 Sec 208(b).      1437
Latin American and Caribbean Data
 Base
  Establishment of.................  PL 101-246 Sec 1010...       394
                                     PL 100-204 Sec 110....       402
Latvia-U.S. relations
  Diplomatic relations with
    Expanding......................  PL 102-138 Sec 352....       331
  Graduate students
    USIA scholarships..............  PL 102-138 Sec 227....      1287
  Immigration
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
Lebanon
  United Nations Interim Force in
    Protecting archaeological site   PL 100-204 Sec 708....       425
     at Tyre.
Lebanon-U.S. relations
  Multinational force
    Agreement on...................  M/L...................      2081
    U.S. participation.............  PL 98-119.............      2077
  Refugee assistance...............  PL 98-164 Sec 111.....       483
  U.S. policy toward...............  PL 100-204 Sec 1232...       444
Legal process
  Retirement and Disability Fund
    Foreign Service................  PL 96-465 Sec 820.....       674
Legations
  (see Foreign Service Buildings
   Act of 1926)
Lending institutions
  (see Multilateral Development
   Banks)
Less-developed countries
  (see Africa)
  (see Latin America)
  Agricultural commodity imports
    (see Agricultural commodity
     sales)
Liability insurance
  Foreign missions
    Required.......................  PL 95-393 Sec 6.......      2284
Liberia-U.S. relations
  Diamond importation or
   consumption
    Restrictions on................  PL 106-553 Sec 406....       566
Library of Congress
  Russian Leadership Program
    Appropriations, 2001...........  PL 106-554 Title II...      1332
    Establishment of...............  PL 106-31 Title III...      1377
LIFE Act Amendments of 2000          PL 106-554 Sec 1501...      1336
Lithuania-U.S. relations
  Diplomatic relations with
    Expanding......................  PL 102-138 Sec 352....       331
  Graduate students
    USIA scholarships..............  PL 102-138 Sec 227....      1287
  Immigration
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
Lobbying
  Prohibiting use of funds for.....  PL 93-126 Sec 14......       553
  USIA grantees
    Prohibited.....................  PL 98-164 Sec 209.....      1315
Lodge Commission
  United Nations expenses..........  PL 79-264 Sec 8 fn....      2218
Loyalty
  (see also Nationality)
  Oath of allegiance
    Passports......................  22 USC 212............      1042
  USIA specialists.................  PL 80-402 Sec 303.....      1225


                                    M

Macau-U.S. relations
  Conditions in
    Reports to Congress............  PL 106-570 Sec 204....       111
  Export controls
    Application of.................  PL 106-570 Sec 203(b).       110
  Findings of Congress.............  PL 106-570 Sec 202....       109
  International agreements.........  PL 106-570 Sec 203(c).       110
  U.S. law
    Application of.................  PL 106-570 Sec 203....       110
Mansfield Center for Pacific
 Affairs
  Grants to........................  PL 103-236 Sec 252....      1274
Mansfield, Mike
  Fellowship Act...................  PL 103-236 Sec 251....      1273
  Fellowship Program
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
Maritime law
  Territorial sea
    Expansion of...................  PL 104-132 Sec 901....       976
Marriages (abroad)
  Alien husbands...................  22 CFR 51.45-51.50....      1029
  Ceremony.........................  22 CFR 52.1-52.3......      1040
  Documents........................  22 CFR 52.1-52.3......      1040
  Nationality......................  22 CFR 51.45-51.50....      1029
Medical services
  State Department
    Malpractice suits..............  PL 84-885 Sec 30......        53
Meetings, international
  Hosted and paid for by the United  PL 84-885 Sec 50......        78
   States.
Meresman Case
  Codification of..................  PL 96-465 Sec 2103(f).       740
Mexico-U.S. relations
  Diplomatic reciprocity...........  PL 102-138 Sec 351....       331
  Economic development.............  PL 99-603 Sec 601.....      1159
  International Boundary and Water   PL 106-553 Title IV...       563
   Commission, United States and
   Mexico.
  Report to Congress...............  PL 101-246 Sec 1009...       394
Mexico-U.S. relations--Continued
  Water and Boundary Commission....  PL 95-105 Sec 514.....       542
MIA
  (see also Indochina War)
  Status of
    Sense of Congress..............  PL 102-138 Sec 354....       331
Microenterprise for self-reliance    PL 106-309 Sec 1......      1250
 and International Anti-Corruption
 Act of 2000.
Middle East
  (see also Israel-U.S. relations)
  Arms control
    Consultation support...........  PL 106-398 Sec 1202...      1913
    Findings of Congress...........  PL 102-138 Sec 401....       336
    Weapons proliferation..........  EO 12851 Sec 3........      1786
  Arms sales (U.S.)
    Limitation on..................  PL 102-138 Sec 403....       340
    Policy on......................  PL 102-138 Sec 322....       329
  Communist aggression in..........  PL 85-7 Sec 2.........      2085
  Egyptian-Israeli agreement, 1975.  PL 94-110.............      2093
  General Assembly Resolution 33/79  PL 98-164 Sec                485
                                      114(a)(6).
    U.S. opposition to.............  PL 101-246 Sec 416....       373
  Multilateral arms transfer and
   control regime
    Implementation of..............  PL 102-138 Sec 402....       338
  Peace and security in
    Termination of joint resolution  PL 85-7 Sec 6.........      2086
  Peace efforts
    Soviet Union participation in..  PL 100-204 Sec 1231...       443
  Promoting peace and stability....  PL 85-7...............      2085
  Terrorism
    Percentage of total in 1985....  PL 100-204 Sec 1002...       986
  U.N. peace conference
    U.S. opposition to.............  PL 101-246 Sec 416....       373
  U.N. peacekeeping forces
    U.S. contribution to...........  PL 94-37..............      2243
  U.N. relations with..............  PL 85-7 Sec 4,6.......      2086
  U.S. relations with
    Early-warning system in Sinai..  PL 94-110.............      2093
    Economic aid...................  PL 85-7 Sec 2.........      2085
    Military aid...................  PL 85-7 Sec 3.........      2085
    Personnel assigned to Sinai....  PL 94-110.............      2093
    Reports to Congress............  PL 94-110 Sec 4.......      2094
Middle East Peace Facilitation Act   PL 103-236 Sec 581....       274
 of 1994.
Middle East Peace Process
  United Nations
    Abolition of certain groups....  PL 106-113 Sec 721....       157
Middle East-U.S. relations
  Arms sales
    U.S. policy on.................  PL 103-236 Sec 563....       269
Migration and Refugee Assistance     PL 87-510.............      1144
 Act of 1962.
  (see also Refugee assistance)
Mike Mansfield Fellowship Act......  PL 103-236 Sec 251....      1273
                                     PL 103-236 Sec 251-257      1273
Mike Mansfield Fellowship Program
  Established......................  PL 103-236 Sec 252....      1274
  Requirements.....................  PL 103-236 Sec 253....      1274
Military (foreign)
  Services from United States        PL 80-402 Sec 402.....      1226
   prohibited.
Military (U.S.)
  (see also Mutual defense)
  Operation Desert Storm
    Authorization for use of.......  PL 102-1..............      2071
  Operation Restore Hope
    Authorization for use of.......  PL 103-139 Sec 8151...      2073
    Statement of Congress..........  PL 103-160 Sec 1512(b)      2075
  Stationed abroad
    Expedited procedures in          PL 98-164 Sec 1013....       496
     Congress.
Military (U.S.)--Continued
  Stationed abroad--Continued
    Multinational force prisoners..  PL 103-236 Sec 405....       240
    Security against terrorist       PL 99-399 Sec 1101....       938
     actions.
  U.N. relations with..............  PL 93-148 Sec 8.......      2061
  Use of
    National commitment............   S Res 91-85..........      2097
Military activities
  Confidence-building measures.....  PL 100-456 Sec 901....      2023
Military aid (U.S.)
  (see also Arms sales)
  (see also Economic Support Fund)
  (see also Mutual defense)
  Middle East......................  PL 85-7 Sec 3.........      2085
Military bases abroad
  (see Military (U.S.), stationed
   abroad)
Military equipment (U.S.)
  ICBMs
    Redeployment limitations.......  PL 102-190 Sec 153....      2003
  Minuteman III missile
    Redeployment limitations.......  PL 102-190 Sec 153....      2003
  Missiles and missile technology
    U.S. policy on.................  PL 101-510 Sec 1701...      2009
Military equipment
  Anti-personnel land mines
    Export controls................  PL 102-484 Sec 1365...      1998
  Missiles and missile technology
    Control of.....................  PL 101-510 Sec 1701...      2009
    Transfer of....................  PL 101-510 Sec 1701...      2009
Military sales
  (see Arms sales)
Minorities
  Foreign Service
    Internship program.............  PL 101-246 Sec 149....       359
                                     PL 96-465 Sec 1201....       736
    Placement program..............  PL 103-236 Sec 178....       233
    Report to Congress.............  PL 105-277 Sec 2318...       194
    Representation.................  PL 100-204 Sec 183....       419
Missile Technology Control Regime..  PL 100-180 Sec 901....      2031
  Arms export controls.............  PL 101-510 Sec 1701...      2009
  China
    Adherence to...................  PL 106-65 Sec 1401....      1916
  Manpower requirements
    Report to Congress.............  PL 100-180 Sec 901....      2031
  Space launch vehicle technology
    Findings of Congress...........  PL 103-160 Sec 1614(b)      1994
  Strict interpretation of.........  PL 103-160 Sec 1614(c)      1994
Missiles
  (see also Military equipment
   (U.S.))
  ABM/TMD demarcation agreements
    Restrictions and requirements..  PL 105-277 Sec 2705...      2102
  Proliferation
    Sanctions......................  EO 12851 Sec 2........      1785
Missing-in-action
  (see MIA)
Monroe Doctrine
  U.S. policy toward Cuba..........  PL 87-733.............      2084
Morocco-Western Sahara relations
  Referendum on independence
    Report to Congress.............  PL 106-113 Sec 803....       159
Most-favored-nation treatment
  People's Republic of China.......  PL 103-236 Sec 513....       251
Multilateral arms transfer and
 control regime
  Middle East and Persian Gulf
   region
    Implementation.................  PL 102-138 Sec 402....       338
Multilateral Development Banks
  (see also respective
   organizations)
  Nuclear proliferation
    Opposing use of funds..........  PL 103-236 Sec 823....       282
Multilateral organizations
  (see International organizations)
Multinational Force and Observers
  Reports to Congress
    Requirement delegated..........  EO 12361..............      2092
  U.S. contribution to.............  PL 97-132 Sec 4.......      2088
  U.S. participation in............  PL 97-132 Sec 3.......      2087
    Congressional intent...........  PL 97-132 Sec 7.......      2090
    Reports to Congress............  PL 97-132 Sec 6.......      2089
Multinational Force and Observers    PL 97-132.............      2087
 Participation Resolution.
Multinational Force in Lebanon       PL 98-119.............      2077
 Resolution.
Multinational force in Lebanon
  U.S. participation
    Agreement on...................  M/L...................      2081
    Congressional authorization....  PL 98-119.............      2077
    Report to Congress.............  PL 98-119 Sec 4.......      2078
Multinational Species Conservation
 Fund
  Appropriations, 2001.............  PL 106-554 Ch 7.......      1516
Muskie Fellowship Program
  Appropriations authorization,      PL 103-236 Sec              1267
   1994-1995.                         201(a)(2)(B).
Muskie Fellowships
  Educational and cultural exchange
    Appropriations authorization,    PL 106-113 Sec 104(b).       131
     2000-2001.
  Soviet Union-Eastern Europe
    Law and business training        PL 102-138 Sec 227(f).      1289
     scholarships.
Mutual defense
  International law................  PL 101-222 Sec 10.....       985
Mutual defense alliances
  Burden sharing
    Sense of Congress..............  PL 100-204 Sec 1254...       454
Mutual Educational and Cultural
 Exchange Act
  Report to Congress...............  EO 12048 Sec 4........      1350
Mutual Educational and Cultural      PL 87-256.............      1353
 Exchange Act of 1961
  (see also Educational and
   cultural exchange)
  Appropriations authorization.....  PL 87-256 Sec 105.....      1360
  Programs coordinated.............  PL 103-236 Sec 229....      1269
Mutual Security Act of 1954
  Aid to Middle East...............  PL 85-7 Sec 3.........      2085


                                    N

Nairobi Forward-Looking Strategies   PL 102-138 Sec 192....       322
 for the Advancement of Women
 (Nairobi Strategies).
Nairobi Strategies
  Implementation of
    Report to Congress.............  PL 102-138 Sec 192....       322
Narcotics
  (see Drug control)
National Academy of Peace and        PL 95-561.............       877
 Conflict Resolution.
National and Community Service Act   PL 101-610............      1381
 of 1990.
National Commission on Educational,
 Scientific, and Cultural
 Cooperation
  Authorization....................  PL 99-93 Sec 105......       459
National commitment
  Defined..........................   S Res 91-85..........      2097
National defense
  ABM/TMD demarcation agreements
    Restrictions and requirements..  PL 105-277 Sec 2705...       197
National Defense Authorization Act   PL 101-510............      2006
 for Fiscal Year 1991.
National Defense Authorization Act   PL 103-160............      1632
 for Fiscal Year 1994.
National Defense Authorization Act   PL 103-337 Sec 1......      1625
 for Fiscal Year 1995.
National Defense Authorization Act   PL 104-201 Sec 1......      1615
 for Fiscal Year 1997.
  Arms control.....................  PL 104-201 Title XIII.      1954
National Defense Authorization Act   PL 105-85 Sec 1.......      1609
 for Fiscal Year 1998.
National Defense Authorization Act   PL 106-65 Sec 1.......      1595
 for Fiscal Year 2000.
National Defense Authorization Act   PL 101-189............      2011
 for Fiscal Years 1990 and 1991.
National Defense Authorization Act   PL 102-190............      2003
 for Fiscal Years 1992 and 1993.
National drug control strategy
  State Department.................  PL 105-277 Sec 2214...       181
National Emergencies Act             PL 94-412.............      2063
National emergency
  Declaration of...................  EO 12938..............      1788
                                     PL 94-412 Sec 201.....      2063
  Statutory authority..............  PL 94-412 Sec 301.....      2065
  Termination......................  PL 94-412 Sec 101.....      2063
  Travel controls..................  PL 82-414 Sec 215.....      1047
National Endowment for Democracy
  Appropriations authorization.....  PL 105-277 Sec 2401(9)      1260
  Appropriations authorization,      PL 101-246 Sec 201....      1292
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec              1280
   1992-1993.                         201(a)(3).
  Appropriations authorization,      PL 103-236 Sec              1268
   1994-1995.                         201(a)(7).
  Appropriations authorization,      PL 106-113 Sec               130
   2000-2001.                         104(a)(2).
  Appropriations, 2001.............  PL 106-553 Title IV...       565
  Authorization of grants to.......  PL 98-164 Sec 503.....      1407
  Authorization, 1984-1985.........  PL 98-164 Sec 205.....      1313
  Eligibility for grants...........  PL 98-164 Sec 504.....      1407
  Financing public office campaigns
    Funds prohibition..............  PL 98-164 Sec 505.....      1410
  Grant from USIA..................  PL 100-204 Sec 210....      1301
  Program review
    GAO report to Congress.........  PL 102-138 Sec 211(c).      1281
    Report to Congress.............  PL 102-138 Sec 211(b).      1281
  Purposes of......................  PL 98-164 Sec 502.....      1405
  Report to Congress...............  PL 98-164 Sec 504(i)..      1409
National Endowment for Democracy     PL 98-164 Sec 501.....      1405
 Act.
National Foreign Affairs Training
 Center
  Fees for use of..................  PL 84-885 Sec 53......        79
    Report to Congress.............  PL 105-277 Sec 2205(c)       179
  Japanese language training.......  PL 103-236 Sec 252(e).      1274
National Missile Defense Act of      PL 106-38 Sec 1.......      1687
 1999.
National security
  (see also Military (U.S.))
  (see also National Security
   Council)
  Educational and cultural exchange
   programs
    Actions by Secretary of State..  PL 80-402 Sec 1012....      1248
  Exchange-of-persons activities...  PL 97-241 Sec 305.....      1318
  Export controls
    Sense of Congress..............  PL 104-201 Sec 1308...      1962
  International agreements           1 USC 112b(a).........       846
   transmitted.
  Missile threats
    Review of......................  PL 104-201 Sec 1311...      1964
  Passport applications............  22 CFR 51.70..........      1033
National Security and Corporate      PL 106-113 Sec 1121...      1676
 Fairness under the Biological
 Weapons Convention Act.
  Definitions......................  PL 106-113 Sec 1122...      1676
National Security Council
  Committee on Nonproliferation
    Established....................  PL 104-201 Sec 1442...      1743
    Preparedness program...........  PL 104-201 Sec 1443...      1744
    Termination of.................  PL 104-201 Sec 1444...      1745
  Purpose of.......................  EO 12333 Sec 1.2......       825
National Terrorist Assets Tracking
 Center
  Appropriations, 2001.............  PL 106-346 Title V....       950
Nationality
  (see also Refugees)
  Acts of Congress.................  22 CFR 51.51-51.52....      1030
  Births abroad
    Registering....................  22 CFR 50.5-50.8......      1014
  Certificate of...................  22 CFR 50.10..........      1016
  Criminality
    Statute of limitations.........  18 USC 3291...........      1054
  Derivative citizenship...........  22 CFR 51.44..........      1028
  Determining......................  22 CFR 50.2-50.4......      1014
  Determining for passports........  22 CFR 51.40-51.44....      1027
  Evidence of......................  22 CFR 51.54-51.55....      1030
  Identity
    Card of........................  22 CFR 50.9...........      1016
    Certificate of.................  22 CFR 50.11..........      1016
  Loss of..........................  22 CFR 50.50..........      1019
    Certification..................  22 CFR 50.40..........      1018
    Marriages (women)..............  22 CFR 51.45-51.50....      1029
    Right to appeal................  22 CFR 50.51..........      1019
  Marrying aliens..................  22 CFR 51.45-51.50....      1029
  Naturalization...................  22 CFR 51.44..........      1028
                                     22 CFR 51.47-51.48....      1029
  Oath of allegiance
    Passports......................  22 CFR 50.20..........      1014
    Resuming nationality...........  22 CFR 50.30..........      1017
  Procedures.......................  22 CFR 50.............      1013
  Renunciation of..................  22 CFR 50.50..........      1019
  Repatriation.....................  22 CFR 50.30..........      1017
                                     22 CFR 51.53..........      1030
  Resumption of....................  22 CFR 50.30..........      1017
  Retention of.....................  22 CFR 50.20..........      1014
  Treaties.........................  22 CFR 51.51-51.52....      1030
Nationalizations
  (see also Foreign claims)
Nationals (U.S.)
  Defined..........................  22 CFR 51.1...........      1019
NATO (North Atlantic Treaty
 Organization)
  Civil budget
    Obligation of funds............  PL 106-553 Title IV...       563
  Civil budget assessment
    Appropriations authorization,    PL 106-113 Sec               132
     2000-2001.                       106(a)(2).
  Czech Republic
    Membership in..................  PL 103-447 Sec 203....      2112
  Defense modernization............  PL 104-208 Sec 610....      2109
  Enlargement
    Appropriations authorization,    PL 104-208 Sec 607....      2108
     FY 1997.
    Authorities....................  PL 105-277 Sec 2703...      2100
    Countries eligible.............  PL 104-208 Sec 606....      2108
    Sense of Congress..............  PL 104-208 Sec 604....      2107
    U.S. policy....................  PL 105-277 Sec 2702...      2098
  Estonia, Latvia, and Lithuania
    Joining........................  PL 104-208 Sec 605....      2107
  Findings of Congress.............  PL 104-208 Sec 602....      2104
NATO (North Atlantic Treaty
 Organization)--Continued
  Hungary
    Membership in..................  PL 103-447 Sec 203....      2112
  Partnership for Peace
    Membership for participants....  PL 103-447 Sec 202....      2111
  Partnership for Peace Information  PL 104-208 Sec 608....      2109
   Management System.
  Poland
    Membership in..................  PL 103-447 Sec 203....      2112
  Regional Airspace Initiative.....  PL 104-208 Sec 608....      2109
  Slovakia
    Membership in..................  PL 103-447 Sec 203....      2112
  U.S. commitment
    Reaffirmation of...............  PL 96-9...............      2117
                                     PL 95-287.............      2118
  U.S. membership assistance
    Reports to Congress............  PL 103-447 Sec 205....      2115
  U.S. policy......................  PL 104-208 Sec 603....      2107
NATO Enlargement Facilitation Act    PL 104-208 Sec 601....      2104
 of 1996.
NATO Participation Act of 1994.....  PL 103-447 Sec 201....      2111
  Sense of Congress................  PL 103-447 Sec 202....      2111
NATO-U.S. relations
  U.S. tactical nuclear weapons
    Deployment policy..............  PL 102-138 Sec 363....       335
Natural gas
  International agreements on......  PL 98-164 Sec 1009....       494
Near and Middle East
  Study on
    USIA assistance................  PL 102-138 Sec 228....      1289
Newly Independent States and
 Eastern Europe Training
  Appropriations authorization,      PL 103-236 Sec              1267
   1994-1995.                         201(a)(2)(B).
Ngawan Choephel Exchange Program
  Educational and cultural exchange  PL 106-113 Sec 401....      1252
Nicaragua-U.S. relations
  Immigration to the United States
    Status adjustment..............  PL 105-100 Sec 202....      1180
  Trade embargo
    Partial lifting of.............  PL 100-204 Sec 1212...       440
Nicaraguan Adjustment and Central    PL 105-100 Sec 201....      1180
 American Relief Act.
                                     PL 106-554 Sec 1505(a)      1336
Nonproliferation
  International activities
    Support for....................  PL 102-511 Sec 509....      1646
Nonproliferation of nuclear weapons
  (see Nuclear weapons,
   nonproliferation activities)
Nonproliferation programs
  Use of resources for
    Prohibition....................  PL 106-113 Sec 1132...      1679
North Atlantic Treaty Organization
  (see NATO)
North Korea Threat Reduction Act of  PL 106-113 Sec 821....      1883
 1999.
  Definitions......................  PL 106-113 Sec 823....      1884
North Vietnam-U.S. relations
  (see Indochina War)
Northern Boundary and Trans-
 boundary Rivers Restoration and
 Enhancement Fund
  Appropriations, 2001.............  PL 106-553 Title IV...       560
  Fund investment..................  PL 106-113 Sec 623....       952
  Fund management..................  PL 106-113 Sec               573
                                      623(a)(2).
Nuclear development
  Cuba
    Countries assisting............  PL 105-277 Sec 2810...       206
Nuclear materials
  Disposal of
    Former Soviet Union............  PL 102-511 Sec 510....      1648
  Exporting to Argentina...........  PL 98-164 Sec 1007....       492
  Exporting to India...............  PL 98-164 Sec 1007....       492
  Exporting to South Africa........  PL 98-164 Sec 1007....       492
  Stockpiles
    Reduction of...................  PL 104-201 Sec 1454...      1747
    Security of....................  PL 104-201 Sec 1455...      1747
Nuclear non-proliferation
  Arms control and disarmament
    Policy formulation.............  PL 87-297 Sec 303.....      1555
  China
    U.S. cooperation with..........  PL 99-183.............      1902
  Export licensing procedure.......  PL 95-242 Sec 304.....      1801
  Exports to India.................  EO 12218..............      1815
  Findings of Congress.............  PL 103-160 Sec 1611...      1988
  Functions delegated..............  EO 12058..............      1812
  International cooperation........  PL 95-242 Sec 203.....      1801
  Report to Congress...............  PL 95-238.............      1817
                                     PL 95-242 Sec 601.....      1808
                                     PL 95-242 Sec 602.....      1809
    Demarches......................  PL 103-236 Sec 828....       285
  Safeguards.......................  PL 95-242 Sec 201-203.      1800
  Sense of Congress................  PL 103-236 Sec 702....      1576
  Treaties
    Sense of Congress..............  PL 103-236 Sec 530....       264
  U.S. policy on...................  PL 95-242 Sec 2.......      1795
  Uranium fuel
    Export or transfer of..........  PL 96-280.............      1814
Nuclear Non-Proliferation Act of     PL 95-242.............      1795
 1978.
  Definitions......................  PL 95-242 Sec 4.......      1796
Nuclear Non-Proliferation Treaty
  Extension of
    Sense of Congress..............  PL 103-337 Sec 1508...      1978
  U.S. support for.................  PL 103-160 Sec 1611(b)      1989
Nuclear proliferation
  Financing of by persons
    Prohibition on.................  PL 103-236 Sec 824....       282
  Multilateral Development Banks
    Opposing use of funds..........  PL 103-236 Sec 823....       282
  Sanctions
    Strengthening..................  PL 104-201 Sec 1303...      1956
Nuclear Proliferation Prevention     PL 103-236 Sec 801....       278
 Act of 1994.
Nuclear Regulatory Commission
  Nuclear exports or reexports
    Report to Congress.............  PL 105-261 Sec 1523...      1937
Nuclear risk reduction centers
  Additional measures
    Sense of Congress..............  PL 101-510 Sec 1441...      2006
  Congressional support for........  PL 100-180 Sec 907....      2036
Nuclear weapons
  Atomic Energy Commission
    Military application...........  PL 83-703 Sec 91......      1841
  Consequences of using
    Reports to Congress............  PL 99-145 Sec 1006....      2045
  Crisis stability and control
    Study of measures to enhance...  PL 99-93 Sec 706......      1583
  Defined..........................  PL 83-703 Sec 11(d)...      1823
  Delivery systems
    Retirement or dismantlement of.  PL 104-201 Sec 1302...      1615
                                     PL 104-106 Sec 1404...      1969
  Departments of Defense and Energy
    Nonproliferation activities....  PL 102-484 Sec 1503...      1761
  Development of
    Information on.................  PL 87-297 Sec 305.....      1556
Nuclear weapons--Continued
  Dismantlement
    Development and demonstration    PL 102-484 Sec 3153...      2002
     program.
  Dismantlement of
    Report to Congress.............  PL 102-484 Sec 3151...      2000
                                     PL 102-484 Sec 3151...      2000
  Fissile materials
    Security of....................  PL 104-201 Sec 1310...      1964
  International cooperation
    Information exchange...........  PL 83-703 Sec 144.....      1872
  Nonproliferation activities......  PL 102-484 Sec 1503-        1761
                                      1505.
    Findings of Congress...........  PL 103-160 Sec 1611...      1988
    Support for....................  PL 106-398 Sec 1201...      1913
    U.S. policy....................  PL 103-160 Sec 1611(b)      1989
  North Korea
    U.S. policy on.................  PL 103-236 Sec 529....       262
  Russia
    Findings of Congress...........  PL 105-261 Sec 1504...      1929
  Russian
    Policy on reduction of.........  PL 106-38 Sec 3.......      1687
  Russian Federation
    Non-proliferation agreement....  PL 103-160 Sec 1611(b)      1989
    Reductions of..................  PL 102-484 Sec 1321...      1995
  Stockpile
    Findings of Congress...........  PL 105-85 Sec 1305....      1946
    Restricted data
      Release of...................  PL 102-484 Sec 3152...      2002
  Testing
    Negotiations on limiting.......  PL 103-337 Sec 1509...      1978
    Sense of Congress..............  PL 99-661 Sec 1002....      2037
  Use or threatened use of
    Emergency response to..........  PL 104-201 Sec 1413...      1736
  Verification and control
    Demonstration program..........  PL 102-484 Sec 3153...      2002
Nuclear Winter
  Policy implications
    Report to Congress.............  PL 99-145 Sec 1006....      2045
  United States-Soviet Union study   PL 99-93 Sec 708......      1585
   on consequences of.


                                    O

Oaths of allegiance
  (see Loyalty)
Oceania-U.S. relations
  Report to Congress...............  PL 101-246 Sec 1007...       393
Office of Foreign Buildings
 Operations
  Director of......................  PL 102-138 Sec 125....       308
Omnibus Consolidated and Emergency   PL 105-277............       577
 Supplemental Appropriations Act,
 1999.
Omnibus Consolidated Rescissions     PL 104-134............      1885
 and Appropriations Act of 1996.
Omnibus Diplomatic Security and      PL 99-399.............       898
 Antiterrorism Act of 1986.
Open Skies, Treaty on
  Freedom of information...........  PL 103-236 Sec 533....       265
Operation Desert Storm
  International criminal tribunal
    Sense of Congress..............  PL 102-138 Sec 301....       326
  U.S. activities in
    Report to Congress.............  PL 102-1 Sec 3........      2072
  U.S. armed forces
    Authorization for use of.......  PL 102-1..............      2071
Operation Restore Hope
  U.S. armed forces................  PL 103-139 Sec 8151...      2073
Organization of African Unity
  Privileges and immunities........  PL 79-291 Sec 12......      2253
Organization of American States
 (OAS)
  Appropriations authorization,
   2000-2001
    Limitations on.................  PL 106-113 Sec               135
                                      108(b)(3).
  Policy toward Cuba...............  PL 87-733.............      2084
  Privileges and immunities........  PL 82-486.............      2254
  U.S. contribution to, 1982-1983..  PL 97-241 Sec 105.....       501
Overseas Contingency Operations
 Transfer Fund
  Appropriations, 2001.............  PL 106-554 Sec 313....      1334
Overseas Presence Advisory Panel
  Secretary of State
    Review of findings.............  PL 106-113 Sec 607....       952


                                    P

Pacific Charter Commission
  Establishment of.................  PL 106-570 Sec 403....       112
  Report to Congress...............  PL 106-570 Sec 404(e).       113
  Termination of...................  PL 106-570 Sec 408....       115
  U.S. policies in the Asia-Pacific
   region.
    Evaluation of..................  PL 106-570 Sec 404(c).       113
Pacific Charter Commission Act of    PL 106-570 Sec 401....       112
 2000
  Purposes.........................  PL 106-570 Sec 402....       112
Pacific salmon
  Recovery of
    Appropriations authorization,    PL 106-113 Sec 623(d).       575
     2000-2003.
Pacific Salmon Treaty Agreement
 (1999)
  Appropriations authorization,      PL 106-113 Sec 623(d).       575
   2000-2003.
  Implementation of................  PL 106-113 Sec 623....       574
    Appropriations, 2001...........  PL 106-553 Title IV...       560
  Northern Fund and Southern Fund
    Fund investment................  PL 106-113 Sec 623....       952
Palestine
  (see also Palestine Liberation
   Organization)
  Special rights units
    Sense of Congress..............  PL 95-426 Sec 614.....       531
  United Nations
    General Assembly Resolution 32/  PL 95-426 Sec 614.....       531
     40/B.
    General Assembly Resolution      PL 95-426 Sec 614.....       531
     3376 (XXX).
Palestine Liberation Organization
  (see also PLO)
  Canceling prohibitions
    Presidential Certification.....  PL 100-204 Sec 1005(b)       988
  Dialog with United States
    Report to Congress.............  PL 101-246 Sec 804....       381
  Findings of Congress.............  PL 103-236 Sec 582....       274
                                     PL 101-246 Sec 802....       379
  Furthering interests of
    Prohibitions against...........  PL 100-204 Sec 1003...       987
  Membership in U.N. agencies
    Funding restrictions...........  PL 101-246 Sec 414....       373
  Political benefits
    Using United States U.N.         PL 97-241 Sec 104.....       500
     contribution.
  Recognition by the United States
    Policies on....................  PL 101-246 Sec 803....       380
  Suspension of certain provisions.  PL 103-236 Sec 582(5).       274
    Presidential authority.........  PL 103-236 Sec 583....       275
  U.N. programs in support of
    Report to Congress.............  PL 97-241 Sec 104(c)..       500
Palestine Liberation Organization--
 Continued
  Use of U.S. contribution to        PL 98-164 Sec                484
   United Nations.                    114(a)(4).
Palestinian Broadcasting
 Corporations
  Assistance prohibition, 2001.....  PL 106-553 Sec 403....       566
Pan American Games
  Exchange related activities......  PL 99-93 Sec 206......      1310
  U.S. contribution................  PL 94-350 Sec 110.....       545
Pan American Health Organization
  U.S. contribution to, 1982-1983..  PL 97-241 Sec 105.....       501
Pan American Institute of Geography  PL 97-241 Sec 113.....       503
 and History.
Pan American Railway Congress......  PL 97-241 Sec 115.....       504
Panama Canal
  Treaty or agreement
    Negotiations on................  PL 95-105 Sec 506.....       539
                                     PL 94-350 Sec 114.....       546
Panama Canal Act of 1979             PL 96-70..............      2134
  Definitions and recommendation     PL 96-70 Sec 3........      2137
   for legislation.
  Delegation of functions..........  EO 12215..............      2201
  Secretary of Defense.............  EO 12215..............      2201
Panama Canal Commission              PL 96-70 Sec 1101-1104      2139
  Authorization of expenditures....  PL 104-201 Sec 3502...      1618
  Delegation of functions..........  EO 12215 Sec 1-3......      2202
  Dissolution of...................  PL 96-70 Sec 1305.....      2172
  Employees........................  PL 96-70 Sec 1201-1271      2149
  Report to Congress...............  PL 100-203 Sec 5418...      2200
Panama Canal Commission              PL 104-201 Sec 3501...      1618
 Authorization Act, Fiscal Year
 1997.
Panama Canal Commission
 Compensation Fund
  Establishment of.................  PL 100-705 Sec 2......      2197
  Final evaluation of..............  PL 100-705 Sec 5......      2198
  Operation of.....................  PL 100-705 Sec 3......      2197
Panama Canal Commission              PL 100-705............      2197
 Compensation Fund Act of 1998.
Panama Canal Revolving Fund
  Establishment of.................  PL 96-70 Sec 1302.....      2170
Panama-U.S. relations
  Canal negotiations...............  PL 94-350 Sec 114.....       546
  Consultative Committee...........  PL 96-70 Sec 1105.....      2144
  Defense of canal.................  PL 96-70 Sec 1108.....      2145
  Joint Commission on the            PL 96-70 Sec 1106.....      2144
   Environment.
  Property transfers...............  PL 96-70 Sec 1504.....      2188
    Congressional restraints on....  PL 96-70 Sec 1344.....      2180
  Reports..........................  PL 96-70 Sec 3301.....      2195
  Stationing of U.S. military        PL 96-70 Sec 1111.....      2147
   forces.
  Tax expenditures
    Congressional restraints on....  PL 96-70 Sec 1344.....      2180
Partnership for Peace
  Implementation of
    Report to Congress.............  PL 103-236 Sec 514....       252
Passport Office
  (see Passports)
Passports
  Agents
    Registering births abroad......  22 CFR 50.6...........      1015
  Amendment of.....................  22 CFR 51.32..........      1027
  Appeals..........................  22 CFR 51.80-51.89....      1037
    Hearings.......................  22 CFR 51.81-51.88....      1037
  Application for..................  22 CFR 51.21-51.33....      1022
                                     22 USC 213............      1043
    Evidence.......................  22 CFR 51.55..........      1031
    Incompetents...................  22 CFR 51.26..........      1025
    Minors.........................  22 CFR 51.27..........      1025
Passports--Continued
  Application for--Continued
    Nationality determined.........  22 CFR 50.4...........      1014
                                     22 CFR 50.2...........      1014
                                     22 CFR 51.40-51.44....      1027
  Arab League nations policy on
   Israeli visits
    Report to Congress.............  PL 102-138 Sec 129....       310
  Board of Appellate Review
    Attorneys before...............  22 CFR 51.84..........      1038
  Cancellation of..................  22 CFR 51.8...........      1022
  Changes in
    Unauthorized...................  22 CFR 51.6...........      2022
  Children under age 14
    Requirements for...............  PL 106-113 Sec 236....       145
  Consular officers
    Punishable offenses............  18 USC 1541...........      1049
  Counterfeited or forged..........  18 USC 1543...........      1050
  Counterfeiting
    Security against...............  PL 103-236 Sec 131....       226
  Criminal misuse..................  18 USC 1541-46........      1049
    Statute of limitations.........  18 USC 3291...........      1054
  Defined..........................  22 CFR 50.1...........      1013
                                     22 CFR 51.1...........      1019
  Deleting information on place of   PL 100-204 Sec 1253...       454
   birth.
  Denial to drug traffickers.......  PL 84-885 Sec 42......        69
  Denied...........................  22 CFR 51.75..........      1036
    Reasons for....................  22 CFR 51.70..........      1033
  Diplomatic.......................  22 CFR 51.3...........      1020
  Diplomatic and official
    Sense of Congress..............  PL 95-426 Sec 125.....       519
  Execution of application for.....  22 CFR 51.21..........      1022
  Fees.............................  22 CFR 51.61-51.66....      1031
                                     22 USC 214............      1044
    Exemption from.................  22 CFR 51.63..........      1032
    Payment of.....................  22 CFR 51.61..........      1031
    Refunds........................  22 CFR 51.64..........      1032
  Files miniaturization............  PL 94-350 Sec 106.....       545
  Identity.........................  22 CFR 51.28..........      1026
    Witnesses......................  22 CFR 51.30-51.31....      1026
  Impermissible basis for denial...  PL 84-885 Sec 49......        78
  Issued to nationals..............  22 CFR 51.2...........      1020
  Names changed....................  22 CFR 51.24..........      1024
  National emergency
    Travel controls................  PL 82-414 Sec 215.....      1047
  Oath of allegiance...............  22 USC 212............      1042
  Offices..........................  PL 82-414 Sec 104(c)..      1155
  Period of validity...............  22 CFR 51.4...........      1020
                                     22 USC 217a...........      1046
  Persons included.................  22 CFR 51.23..........      1024
  Photographs required.............  22 CFR 51.25..........      1024
  Processing fees
    Use of for enhanced services...  PL 105-277 Sec 2221...       185
  Proof of U.S. citizenship........  PL 84-885 Sec 33......        56
  Punishable offenses..............  22 CFR 53.1...........      1040
  Release of information...........  22 CFR 51.33..........      1027
  Replacement of...................  22 CFR 51.65..........      1032
  Requirement of...................  22 CFR 53.1...........      1040
    Exceptions.....................  22 CFR 53.2...........      1040
  Restricted countries.............  22 CFR 51.72-51.73....      1035
  Restrictions on individuals in     PL 106-113 Sec 238(a).       147
   arrears on child support.
  Revocation of....................  22 CFR 51.76..........      1037
    Reasons for....................  22 CFR 51.71..........      1034
  Secretary of State's authority...   44 Stat 887..........      1009
                                     EO 11295..............      1011
  Status of government property....  22 CFR 51.9...........      1022
  Travel Document and Issuance       PL 94-141 Sec 102.....       548
   System.
Passports--Continued
  Travel restrictions..............  PL 95-426 Sec 124.....       519
  Travel restrictions on
    Prohibitions against...........  44 Stat 887...........      1009
  Types of.........................  22 CFR 51.3...........      1020
  Use of...........................  22 CFR 53.3-53.4......      1041
  Verification.....................  22 CFR 51.7...........      1022
Passports and visas
  Place of birth
    Report to Congress on deleting.  PL 99-399 Sec 703.....       921
Patents
  Arms control and disarmament.....  PL 87-297 Sec 302.....      1554
Peace and Conflict Resolution,
 National Academy of
  Commission on....................  PL 95-561 Sec 1511....       877
Peace Corps
  (see also Foreign Service)
  Authorization of Appropriations,   PL 103-236 Sec 601....       278
   1994-1995.
Peace, United States Institute of
  Nominations to the board of......  PL 99-93 Sec 802......       471
  Report to Congress...............  PL 98-525 Sec 1712....       876
Peace, United States Institute of,   PL 98-525 Sec 1701-          863
 Act.                                 1712.
Peacekeeping operations
  Aggregate costs
    Annual report to Congress......  PL 79-264 Sec 4(d)(1).      2210
  Multinational Force and Observers  PL 97-132.............      2087
  Secretary of State
    Report to Congress.............  PL 79-264 Sec 4(c)....      2210
Persian Gulf
  Activities in
    Adherence to international law.  PL 100-204 Sec 1233...       444
  Arms sales
    Findings of Congress...........  PL 102-138 Sec 401....       336
  Multilateral arms transfer and
   control regime
    Implementation of..............  PL 102-138 Sec 402....       338
Philippines
  Santo Tomas University
    Professorship..................  PL 100-204 Sec 304....      1304
PLO Commitments Compliance Act of    PL 101-246 Sec 801....       379
 1989.
Plutonium
  Production in Russia
    Elimination of.................  PL 104-201 Sec 1431...      1742
  Production of
    Cessation by Commonwealth of     PL 102-484 Sec 3151...      2000
     Independent States.
Poland-U.S. relations
  Educational and cultural exchange  PL 101-610 Sec 602....      1381
  Science and technology...........  PL 97-241 Sec 110.....       503
  Solidarity
    U.S. support for...............  PL 100-204 Sec 1207...       439
Policy Coordinating Committee on
 International Broadcasting
  Report to Congress...............  PL 102-138 Sec 235....      1504
Political tests
  (see Loyalty)
Population growth
  Forced abortions
    Foreign nationals involved in..  PL 106-113 Sec 801....       158
Ports (U.S.)
  Terrorism
    Protecting passengers and crews  PL 99-399 Sec 905.....       935
POW/MIA (Prisoners of War/Missing
 in Action)
  International broadcasting
    Information on the Bring Them    PL 106-484 Sec 4......      1165
     Home Alive Program.
POW/MIA (Prisoners of War/Missing
 in Action)--Continued
  Korean War
    Asylum for aliens..............  PL 106-484 Sec 3......      1164
  Status of
    Sense of Congress..............  PL 102-138 Sec 354....       331
  Vietnam War
    Asylum for aliens..............  PL 106-484 Sec 2......      1163
President
  (see also Reports to Congress)
  Advisory Board on Arms             EO 12946 Sec 1........      1790
   Proliferation Policy.
                                     PL 103-160 Sec 1601(c)      1981
  Atomic Energy Act of 1954
    International cooperation......  EO 10841..............      1911
  Chemical and biological weapons
    Determination on...............  PL 102-182 Sec 306....      1774
    Report to Congress.............  PL 102-182 Sec 306(b).      1775
  Chemical and biological weapons
   use
    Report to Congress.............  PL 102-182 Sec 308....      1780
  Chemical herbicides
    Renunciation of use............  EO 11850..............      1782
    Riot control...................  EO 11850..............      1782
  Countries of particular concern
   for religious freedom
    Actions described..............  PL 105-292 Sec 405....      1101
    Actions waiver.................  PL 105-292 Sec 407....      1103
    Actions with respect to........  PL 105-292 Sec 402(c).      1098
  Diplomatic or consular posts in
   Vietnam
    Certification for..............  PL 105-277 Title VI...       579
  Educational and cultural exchange
    Functions reserved.............  EO 11034 Sec 7........      1385
  Foreign affairs reorganization
   plan
    Report to Congress.............  PL 105-277 Sec 1601...       766
                                     PL 105-277 Sec 1617...       772
  Foreign Service star
    Awarding of....................  PL 84-885 Sec 36A.....        63
  Illegal aliens
    Interdiction of................  EO 12807..............      1170
  Importing educational and          PL 89-259.............      1452
   cultural materials.
                                     EO 12047..............      1453
  Military aid
    Middle East....................  PL 85-7 Sec 3-4.......      2085
  National emergency
    Accountability requirements....  PL 94-412 Sec 401(a)..      2066
    Report to Congress.............  PL 94-412 Sec 401(b)-       2066
                                      (c).
  National emergency powers........  PL 94-412.............      2063
    Travel control.................  PL 82-414 Sec 215.....      1047
  Nuclear exports or reexports
    Report to Congress.............  PL 105-261 Sec 1523...      1937
  Nuclear non-proliferation
    Delegation of authority........  EO 12058..............      1812
  Radio Free Asia
    Determination on...............  PL 103-236 Sec 309(g).      1488
  Report to Congress
    Certification update...........  PL 106-65 Sec 1310....      1599
  Sanctions
    Delegation of powers...........  EO 12851..............      1784
  United Nations Security Council
    Sanctions......................  PL 79-264 Sec 5.......      2215
  War powers
    (see War powers)
President's Task Force on United
 States Government International
 Broadcasting
  Report to Congress...............  PL 102-138 Sec 235....      1504
Prisoner Information Registry for    PL 106-113 Sec 873....       164
 the People's Republic of China.
Prisoners of war
  (see Indochina War)
  (see POW/MIA)
Private enterprise
  (see also Nationalizations)
  (see also Overseas Private
   Investment Corporation)
  USIA.............................  PL 80-402 Sec 403.....      1226
                                     PL 80-402 Sec 1005....      1245
Private Sector Program
  Authorization, 1984..............  PL 98-164 Sec 206.....      1314
Privileges and immunities
  Commission of the European         PL 92-499.............      2255
   Communities.
  Cultural imports.................  PL 89-259.............      1452
  Diplomats........................  PL 95-393.............      2283
  Foreign states...................  28 USC Ch 97..........      2272
  Hong Kong
    Economic and Trade Offices.....  PL 105-22.............      2258
  Immigration law..................  PL 79-291 Sec 7-9.....      2251
  International Committee of the     PL 79-291 Sec 12......      2253
   Red Cross.
  International organizations
    Designated by the President....  PL 79-291 Sec 1.......      2247
    Scope..........................  PL 79-291 Sec 2.......      2249
    Search and seizure.............  PL 79-291 Sec 2.......      2249
    Taxes..........................  PL 79-291 Sec 3-6.....      2250
  Juridical........................  PL 79-291 Sec 2.......      2249
  Legal suits......................  PL 79-291 Sec 2.......      2249
  Liability insurance..............  PL 95-393 Sec 6.......      2284
  OAU..............................  PL 79-291 Sec 12......      2253
  Organization of American States..  PL 82-486.............      2254
  People's Republic of China
    Liaison Office.................  PL 92-499.............      2255
  United Nations...................  PL 80-357.............      2235
Proliferation Prevention             PL 106-113 Sec 1251...      1684
 Enhancement Act of 1999.
Propaganda
  (see also Lobbying)
  Prohibition on use of funds for..  PL 100-204 Sec 109....       402
                                     PL 93-126 Sec 14......       553
Propagandists
  (see Foreign agents registration)
Property
  (see Claims)
  (see Foreign Service Buildings
   Act of 1926)
  (see Gifts)
  (see Nationalizations)
Protecting and Reducing Government   PL 103-236 Sec 903-909       290
 Secrecy, Commission on.
  Report to Congress...............  PL 103-236 Sec 910....       294
Protection and Reduction of          PL 103-236 Sec 901....       290
 Government Secrecy Act.
Protocol between Egypt and Israel..  PL 97-132 Sec 8.......      2091
Public diplomacy
  Restrictions on use of funds.....  PL 100-204 Sec 141....       410
Public Diplomacy, United States      PL 80-402 Sec 604.....      1234
 Advisory Commission on.
  Sunset of........................  PL 106-113 Sec 404....      1253
Public relations
  (see Foreign agents registration)


                                    R

Radio broadcasting to China
  Appropriations, 2001.............  PL 106-554 Sec 211....      1391
Radio broadcasting to Cuba
  Appropriations authorization,      PL 101-246 Sec 231....      1297
   1990-1991.
Radio Broadcasting to Cuba
  Appropriations authorization,      PL 106-113 Sec               139
   2000-2001.                         201(a)(3).
Radio Broadcasting to Cuba Act.....  PL 98-111.............      1528
  Implementation of................  PL 99-93 Sec 203......      1310
  LIBERTAD Act of 1996.............  PL 98-111 Note........      1528
Radio broadcasting to Russia
  Appropriations, 2001.............  PL 106-554 Sec 211....      1391
Radio Free Asia
  Appropriations authorization, FY   PL 105-261 Sec 3902(a)      1519
   1999.
  Appropriations authorization,      PL 106-113 Sec               139
   2000-2001.                         201(a)(4).
  Effectiveness
    Assessment of..................  PL 103-236 Sec 309(f).      1488
  Grants to........................  PL 103-236 Sec 309....      1486
  Sunset provision
    Presidential determination.....  PL 103-236 Sec 309(g).      1488
  Voice of America
    Reducing activities of.........  PL 103-236 Sec 309(h).      1488
Radio Free Asia Act of 1998........  PL 105-261 Sec 3901...      1519
Radio Free Europe
  Sense of Congress................  PL 102-138 Sec 244....      1506
Radio Free Europe and Radio Liberty
  Grants
    Appropriations authorization...  PL 80-402 Sec 703.....      1236
    Limitations on.................  PL 103-236 Sec 308....      1483
  Maccabee programing..............  PL 99-93 Sec 306......      1512
  Management of....................  PL 99-93 Sec 304......      1510
  Private sector funding...........  PL 103-236 Sec 312....      1488
  Research Institute
    Private sector funding.........  PL 103-236 Sec 312....      1488
  Soviet jamming
    Policy on......................  PL 98-164 Sec 308.....      1514
  Soviet religious persecution
    Broadcasting policy............  PL 98-164 Sec 306.....      1513
Radio Free Iran
  RFE/RL
    Appropriations authorization...  PL 105-277 Sec 2417...      1261
Radio Liberty
  (see Radio Free Europe and Radio
   Liberty)
Radio Maccabee Program of Radio      PL 99-93 Sec 306......      1512
 Liberty.
Radio Marti
  Cuba-U.S. relations
    Radio broadcasts...............  PL 97-241 Sec 404.....      1515
Radio Marti and TV Marti
  Advisory Panel on................  PL 103-121 Title V....      1536
Reaffirming the United States        PL 96-9...............      2117
 Commitment to the North Atlantic
 alliance.
Reaffirming the Unity of the North   PL 95-287.............      2118
 Atlantic Alliance Commitment.
Reciprocal assistance
  (see Mutual defense)
Recognition (diplomatic)
  Significance.....................   S Res 91-205.........      1211
Red Cross
  U.S. contribution to, 1982-1983..  PL 97-241 Sec 106.....       501
Red Shield of David
  Status of recognition............  PL 100-204 Sec 742....       429
Refugee Act of 1980................  PL 96-212.............      1161
Refugee assistance
  Administration...................  PL 87-510 Sec 4.......      1148
                                     EO 11077..............      1151
  Admission into the United States.  EO 12208..............      1172
  Africa...........................  PL 99-93 Sec 108......       459
  Appropriations authorization.....  PL 87-510 Sec 2.......      1144
  Appropriations authorization,      PL 98-164 Sec 102(4)..       481
   1984-1985.
  Appropriations authorization,      PL 99-93 Sec 101(4)...       458
   1986-1987.
Refugee assistance--Continued
  Appropriations authorization,      PL 100-204 Sec 104....       400
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 104....       349
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 104....       305
   1992-1993.
  Appropriations authorization,      PL 103-236 Sec 104....       222
   1994-1995.
  Appropriations authorization,      PL 105-277 Sec 2231...       188
   1998-1999.
  Appropriations authorization,      PL 106-113 Sec 103....       127
   2000-2001.
  Consultation.....................  EO 12208..............      1172
  Contracts........................  PL 87-510 Sec 3.......      1147
  Cubans...........................  EO 11077 Sec 2........      1152
  Cubans and Haitians
    Costs of.......................  PL 97-241 Sec 502.....       505
  East Europe
    Authorization, 1977............  PL 94-350 Sec 105.....       544
    Authorization, 1978............  PL 95-105 Sec 104.....       534
  El Salvador
    Authorization for..............  PL 98-164 Sec 111.....       483
  Israel...........................  PL 99-93 Sec 108......       459
  Lebanon
    Authorization for..............  PL 98-164 Sec 111.....       483
  Limitations on use of funds......  PL 99-93 Sec 110......       460
  Loans............................  PL 87-510 Sec 3.......      1147
  Overseas
    U.S. policy on.................  PL 103-236 Sec 501....       245
  Southeast Asia...................  PL 99-93 Sec 108......       459
  Soviet Jews
    Resettlement in Israel.........  PL 97-241 Sec 107.....       501
  Transfer of funds for............  PL 87-510 Sec 4.......      1148
  U.S. response
    Purpose of.....................  PL 96-212 Sec 101.....      1161
  United Nations High Commissioner
   for Refugees
    Audits of U.S. funds...........  PL 87-510 Sec 8.......      1149
    Guidelines on..................  PL 103-236 Sec 501(e).       247
  United States Emergency Refugee    PL 87-510 Sec 2(c)(2).      1147
   and Migration Assistance Fund.
  Women and children
    U.S. policy on.................  PL 103-236 Sec 501....       245
Refugee Education Assistance Act of  PL 96-422.............      1188
 1980.
Refugees
  African
    Authorization of appropriations  PL 95-426 Sec 107.....       518
  Burmese
    Authorization of appropriations  PL 101-246 Sec 702(b).       376
  Cambodian
    Admission eligibility..........  PL 95-624 Sec 16......      1201
    Review by Secretary of State...  PL 99-93 Sec 809......       474
    Status adjustment of...........  PL 95-145 Sec 101.....      1202
  Cuban............................  PL 96-422 Sec 501.....      1188
                                     EO 12341..............      1192
    Political prisoners and          PL 100-202 Title VII..      1186
     immigrants.
    Processing for admission to the  PL 100-204 Sec 903....       432
     United States.
    Status adjustment of...........  PL 89-732.............      1190
  Gender related persecution task
   force
    Establishment of...............  PL 106-113 Sec 254....       148
  Haitian..........................  PL 96-422 Sec 501.....      1188
  Illegal aliens
    Interdiction of................  EO 12807..............      1170
  Immigration officials
    Asylum policy practices........  PL 105-292 Sec 605....      1108
    Asylum policy reform...........  PL 105-292 Sec 603....      1107
  Indochinese
    Recommendations by Congress....  PL 100-204 Sec 904....       433
    Status adjustment of...........  PL 95-145 Sec 101.....      1202
  Indochinese Refugee Resettlement   PL 100-202 Title VIII.      1197
   and Protection Act of 1987.
Refugees--Continued
  Involuntary return of
    U.S. policy on.................  PL 106-113 Sec 251....       147
                                     PL 105-277 Sec 2241...       189
  Laotian
    Status adjustment of...........  PL 95-145 Sec 101.....      1202
  Palestinian
    United Nations Relief and Works  PL 101-246 Sec 415....       373
     Agency.
  Religious persecution
    Granting asylum................  PL 105-292 Sec 601....      1106
  Southeast Asian
    Eligibility for U.S. refugee     PL 100-204 Sec 906....       436
     program.
    Piracy in Gulf of Thailand.....  PL 98-164 Sec 110.....       483
  Soviet Union
    Resettling in Israel...........  PL 95-426 Sec 106.....       518
  Thai
    Sense of Congress..............  PL 99-93 Sec 809......       474
  Tibetan
    Authorization of appropriations  PL 101-246 Sec 702(a).       376
  Turkish
    Authorization of appropriations  PL 101-246 Sec 704(c).       378
  Vietnamese
    Status adjustment of...........  PL 95-145 Sec 101.....      1202
    Status eligibility.............  PL 106-113 Sec 255....       148
Religious freedom
  Countries of particular concern
    Consultation with foreign        PL 105-292 Sec 403....      1099
     government.
    Description of Presidential      PL 105-292 Sec 405....      1101
     actions.
    Designation of.................  PL 105-292 Sec 402(b).      1097
    Export restrictions............  PL 105-292 Sec 423....      1105
    Presidential actions with        PL 105-292 Sec 402(c).      1098
     respect to.
    Report to Congress.............  PL 105-292 Sec 404....      1100
    Review of......................  PL 105-292 Sec 402(b).      1097
    Strengthening existing law.....  PL 105-292 Sec 421....      1104
    Termination of Presidential      PL 105-292 Sec 409....      1104
     actions.
  Documents relating to
    Internet site on...............  PL 105-292 Sec 103....      1085
  International
    Special adviser on.............  PL 105-292 Sec 301....      1080
  Nongovernmental organizations
    Contact with...................  PL 105-292 Sec 105....      1086
  Promoting
    Foreign aid program leverage...  PL 105-292 Sec 106....      1086
    Sense of Congress..............  PL 105-292 Sec 108....      1087
  Promotion of
    Assistance in..................  PL 105-292 Sec 501....      1105
  Refugees and Asylum..............  PL 105-292 Sec 601....      1106
  Severe violations of
    Presidential actions...........  PL 105-292 Sec 402....      1096
  Violations of
    Presidential actions...........  PL 105-292 Sec 401....      1095
Religious Freedom, United States
 International Commission on
  Established......................  PL 105-292 Sec 201....      1080
Reorganization Plan No. 2 of 1977..  RP 77-2...............      1342
  Effective date...................  EO 12048 Sec 1........      1349
Repatriation loan program
  Requirements of..................  PL 84-885 Sec 4(d)....        40
Reports to Congress
  Advisory Panel on Overseas         PL 99-399 Sec 407.....       916
   Security.
  Advisory Panel on Security of      PL 98-533 Sec 301.....       994
   United States Missions Abroad.
  Africa
    Antiterrorism training in......  PL 101-113 Sec 609....       957
  Aliens
    Denial of visas................  PL 105-277 Sec 2225(c)       187
Reports to Congress--Continued
  Aliens--Continued
    Denial of visas--Continued
                                     PL 105-277 Title VI...       581
  Arab League nations
    Israeli visits passport policy.  PL 102-138 Sec 129....       310
  Armed forces, introduction into    PL 93-148 Sec 3.......      2058
   hostilities.
  Arms control
    Chemical weapons...............  PL 101-189 Sec 1013...      2019
    Military consequences of.......  PL 100-180 Sec 905....      2035
    Nuclear Testing Talks..........  PL 102-190 Sec 3140...      2004
    On-site inspections............  PL 100-456 Sec 909....      2028
    Research and development         PL 103-236 Sec 711....      1577
     coordination.
    Soviet Union compliance........  PL 100-456 Sec 907....      2026
                                     PL 100-180 Sec 903....      2033
    START..........................  PL 101-510 Sec 1443...      2008
                                     PL 101-189 Sec 1002...      2012
    START Treaty and START II        PL 106-113 Sec 1114...      1573
     Treaty issues.
    Strategic modernization........  PL 101-510 Sec 1442...      2008
    U.S. position..................  PL 100-180 Sec 906....      2036
    U.S. strategy..................  PL 100-456 Sec 906....      2025
    Verification...................  PL 101-216 Sec 105....      1579
    Verification policy              PL 100-456 Sec 910....      2029
     coordination.
  Arms control and disarmament
    Objectives and negotiations....  PL 87-297 Sec 403.....      1563
    On-Site Inspection Agency......  PL 87-297 Sec 503.....      1568
    Studies on.....................  PL 87-297 Sec 308.....      1559
  Arms Control and Disarmament
   Agency
    Classified information security  PL 100-213 Sec 6......      1581
    Defense industry conversion....  PL 101-216 Sec 106....      1579
  Arms control developments........  PL 105-261 Sec 1501...      1928
  Arms sales
    Middle East and Persian Gulf     PL 102-138 Sec 404....       340
     region.
  Asia-Pacific region missile
   threats
    Response to....................  PL 105-261 Sec 1533...      1939
  Asian-Pacific Regional Human       PL 100-204 Sec 747....       430
   Rights Convention.
  Assets of terrorist supporting     PL 102-138 Sec 304....       329
   countries or organizations in
   the United States.
  Assistance to victims of           PL 106-386 Sec              1065
   trafficking.                       107(b)(1)(D).
  Asylum seekers detained
    Data on........................  PL 105-277 Sec 904(b).      1178
                                     PL 105-277 Sec 904(d).      1179
  Atomic energy....................  PL 95-242 Sec 103.....      1798
    Agreements for cooperation.....  PL 83-703 Sec 123d....      1851
    Cooperation with Berlin........  PL 83-703 Sec 125.....      1852
    Source material................  PL 83-703 Sec 61......      1835
  Atomic Energy Commission
    Information control............  PL 83-703 Sec 147e....      1876
  Automated Export System
    Mandatory use of...............  PL 106-113 Sec 1254...      1685
  Automated Visa Lookout System
    Correction of..................  PL 102-138 Sec 128(c).       309
  Ballistic missile cooperation
   with Russia
    Continuation of requirement....  PL 106-113 Sec 209(d).       142
  Ballistic missiles
    Threats to North America.......  PL 104-201 Sec 1311...      1964
  Ballistic missiles threats to the  PL 104-201 Sec 1323...      1966
   United States.
  Bilateral loan criteria..........  PL 102-138 Sec 197....       324
  Bosnia-Herzegovina peacekeeping    PL 103-337 Sec 1402...      1630
   operations.
  Broadcasting Board of Governors
    Broadcasting to Africa.........  PL 105-277 Sec 2416...      1261
Reports to Congress--Continued
  Broadcasting Board of Governors--
   Continued
    Broadcasting to China and Tibet  PL 105-261 Sec 3903(a)      1519
    Broadcasting to Iran...........  PL 105-277 Sec 2417(b)      1261
    RFE/RL privatization...........  PL 105-277 Sec 1328...      1498
    Voice of America broadcasts....  PL 105-277 Sec 2420(b)      1262
  Burmese students.................  PL 101-246 Sec 703....       376
  Business records access
    Requests for...................  PL 95-511 Sec 502.....       823
  Cambodia
    Grenade attack in 1997.........  PL 106-113 Sec 203....       140
  Cambodian Genocide Investigation,  PL 103-236 Sec 574(d).       273
   Office of.
  Certification
    Weapons of mass destruction....  PL 105-261 Sec 1306...      1605
  Certification update.............  PL 106-65 Sec 1310....      1599
  Chemical and biological weapons    PL 102-182 Sec 308....      1780
   use.
  Chemical Weapons Convention
    Inspections under..............  PL 105-277 Sec 309....      1713
    Sanctions on foreign persons...  PL 105-277 Sec              1698
                                      103(e)(6).
  Chemical weapons destruction
   facility
    Notification on agreement......  PL 105-85 Sec 1405(a).      1612
  China
    Arms control...................  PL 102-138 Sec               327
                                      303(a)(2).
    Human rights...................  PL 102-138 Sec               327
                                      303(a)(1).
    Military modernization.........  PL 104-201 Sec 1305...      1958
    UNFPA activities in............  PL 106-113 Sec               137
                                      108(d)(4).
    Weapons proliferation..........  PL 102-138 Sec 324....       330
                                     PL 104-201 Sec 1306(c)      1961
  China-U.S. relations
    Trade restrictions.............  PL 102-138 Sec               327
                                      303(a)(3).
  Commission on Protecting and       PL 103-236 Sec 910....       294
   Reducing Government Secrecy.
  Commission on Security and         PL 94-304 Sec 6.......      1540
   Cooperation in Europe.
  Committee on Nonproliferation
    Preparedness program...........  PL 104-201 Sec 1443(c)      1745
  Computer exports to China
    National security implications.  PL 106-65 Sec 1406....      1920
  Continuation of..................  PL 106-113 Sec 209....       142
  Cooperative Threat Reduction
    Activities and obligations.....  PL 103-160 Sec 1206...      1637
    Reobligation of funds..........  PL 106-398 Sec 1302...      1587
                                     PL 106-65 Sec 1302....      1596
                                     PL 105-261 Sec 1302...      1602
                                     PL 105-85 Sec 1402(b).      1610
  Cooperative Threat Reduction
   programs
    Activities and assistance......  PL 106-398 Sec 1308...      1589
                                     PL 106-65 Sec 1308....      1598
    Audits of
      Comptroller General            PL 106-398 Sec 1311...      1593
       assessment.
    GAO assessment.................  PL 106-398 Sec 1308(e)      1589
    Summary of budget requests.....  PL 105-261 Sec 1307...      1606
  Countries of particular concern
   for religious freedom
    Actions waiver.................  PL 105-292 Sec 407(b).      1103
  Cuba
    Drug trafficking...............  PL 106-113 Sec 206....       141
    Nuclear development assistance.  PL 105-277 Sec 2810...       206
  Cuban troops in Africa...........  PL 95-426 Sec 613.....       530
  Democracy
    Promotion of...................  PL 103-236 Sec 534....       266
  Department of State
    Reorganization.................  PL 101-246 Sec 127....       354
    Reprogramming of funds.........  PL 84-885 Sec 34......        57
Reports to Congress--Continued
  Diplomatic immunity
    Compensating loss or injury to   PL 101-246 Sec 131....       355
     U.S. citizens.
    Insurance coverage study.......  PL 100-204 Sec 137....       405
  Diplomatic personnel
    Safety in Sarejevo.............  PL 103-236 Sec 130....       226
  Diplomatic Security Service
    Felony arrests authority.......  PL 102-138 Sec 134....       312
  Diplomatic Telecommunications      PL 103-317 Sec 507(d).       584
   Service Program Office (DTS-PO).
    Management of..................  PL 106-113 Sec 305(c).       151
  Domestic travel restrictions.....  PL 95-426 Sec 126.....       520
  Drug control
    Cooperation with foreign         PL 105-277 Sec 2214(c)       183
     governments.
    Western Hemisphere alliance....  PL 105-277 Sec 2807...       203
  Dual-use technology
    Withholding appropriations.....  PL 103-337 Sec 1507...      1978
  East-West Center.................  PL 86-472 Sec 704.....      1440
  Educational and cultural exchange  PL 87-256 Sec 104.....      1358
                                     PL 87-256 Sec 107-108.      1364
    Disabled individuals             PL 103-236 Sec 242(b).      1273
     participation.
  Eisenhower Exchange Fellowships,   PL 101-454 Sec 7......      1427
   Incorporated.
  Eliminating trafficking in
   persons
    Country compliance lists.......  PL 106-386 Sec 110....      1067
  Elimination of strategic           PL 100-180 Sec 905....      2035
   ballistic missiles.
  Embassy facilities in Jerusalem..  PL 104-45 Sec 6.......      1124
  Emergency expenditures
    Diplomatic and Consular Service  PL 100-204 Sec 124....       403
  Excess weapons plutonium
    Disposition of.................  PL 106-113 Sec 1133...      1680
  Expanded Threat Reduction          PL 106-65 Sec 1309....      1599
   Initiative.
  Explosive materials
    Instructions on making.........  PL 104-132 Sec 709....       972
  Exports of high performance        PL 106-554 Sec 313....      1332
   computers.
  Expositions
    U.S. participation in..........  PL 91-269 Sec 2.......      1471
  Extradition treaties
    Policies and practices.........  PL 106-113 Sec 211....       144
  Federal Bureau of Investigation
    Royal Ulster Constabulary......  PL 106-113 Sec 405(b).      1254
  Federal Reports Elimination and
   Sunset Act of 1995
    Applicability of...............  PL 106-113 Sec 209(e).       142
  Foreign affairs agency
   reorganizations
    Budget cost savings............  PL 105-277 Sec 1104...       750
  Foreign countries
    Counterfeiting U.S. currencies.  PL 104-132 Sec 807(c).       974
  Foreign electronic surveillance..  PL 95-5 Sec                  791
                                      102(a)(1)(C).
                                     PL 95-511 Sec 107-108.       802
  Foreign Service
    Compliance with prior and        PL 100-204 Sec 184....       420
     future requests.
    Internship program.............  PL 101-246 Sec 149....       359
                                     PL 96-465 Sec 1203....       738
    Minorities.....................  PL 105-277 Sec 2318...       194
    Women and minority personnel...  PL 103-236 Sec 178....       233
  Foreign Service buildings
    Acquisition and major security.  PL 101-113 Sec 605(c).       953
    Leases.........................  PL 69-186 Sec 9(b)....      1117
    Obligation priorities..........  PL 101-113 Sec 605....       953
    Sales..........................  PL 69-186 Sec 9(b)....      1117
  Foreign Service positions
    Classification of..............  PL 103-236 Sec 175....       233
  Foreign study grant programs.....  PL 106-309 Sec 304....      1373
Reports to Congress--Continued
  Foreign travel expenses..........  PL 105-277 Sec 2505...       197
  Former Soviet Union
    Biological warfare program.....  PL 103-337 Sec 1207...      1627
    Cooperative Threat Reduction...  PL 103-337 Sec              1626
                                      1202,1204.
    Proposed obligations...........  PL 102-511 Sec 508....      1645
    Weapons of mass destruction      PL 105-261 Sec 1309...      1607
     expertise.
  Hague Convention on International
   Child Abduction
    Compliance with................  PL 105-277 Sec 2803...       199
  Haiti
    Human rights violations........  PL 103-423 Sec 4......      2069
    Political or extra judicial      PL 105-277 Title VI...       581
     killings.
    U.S. international agreements..  PL 103-423 Sec 5......      2070
    U.S. national security           PL 103-423 Sec 2......      2068
     objectives.
  Humanitarian assistance
    Soviet Union...................  PL 102-228 Title III..      1660
  Humanitarian law violations
    Information rewards paid.......  PL 105-323 Sec 102(f).       167
  Immigration officials
    Asylum policy practices........  PL 105-292 Sec 605(b).      1109
  Independent States of the Former
   Soviet Union
    Russian military activities....  PL 103-236 Sec 528....       261
  Inspecting U.S. plants
    Implementing and funding         PL 106-113 Sec 1117...      1574
     activities.
  Intelligence (foreign)
    Electronic surveillance........  PL 95-511 Sec 503.....       823
  Intercountry adoptions...........  PL 106-279 Sec 104....      2293
  International agreements.........   1 USC 112b(b)........       846
    Late transmittal...............  1 USC 112b(b).........       846
  International Atomic Energy        PL 85-177 Sec 3.......      1905
   Agency.
    Programs or projects in Cuba...  PL 105-277 Sec 2809...       205
  International broadcasting
    Future of......................  PL 102-138 Sec 235....      1504
  International criminals
    Information system on..........  PL 105-277 Sec 2214(b)       183
  International expositions
    Obligation of funds............  PL 106-113 Sec 204(c).       141
                                     PL 106-113 Sec 204(d).       141
  International organizations......  PL 102-138 Sec 176....       320
    Employing U.S. citizens........  PL 102-138 Sec 181....       322
    Financial contributions to.....  PL 81-806 Sec 2.......      2239
  Iran
    People's Mujaheddin............  PL 103-236 Sec 523....       258
  Iraq
    Arms sales.....................  PL 102-484 Sec 1607...      1769
    Democratic opposition in.......  PL 105-277 Sec 2812...       207
  Japan-United States Friendship     PL 94-118 Sec 5(b)....      1445
   Commission.
  Krasnoyarsk radar
    Anti-Ballistic Missile Treaty    PL 101-510 Sec 1443...      2008
     violation.
  Land mine use moratorium
    Projected effects of...........  PL 104-106 Sec 1402...      1968
  Landmines use by armed forces
    Moratorium on..................  PL 105-85 Sec 1309(c).      1952
  Laos
    Human rights violations........  PL 105-277 Sec 2806...       203
  LIBERTAD Act
    Continuation of requirement....  PL 106-113 Sec 209(b).       142
    Determinations under Title IV..  PL 105-277 Sec 2802...       199
  Loan repayment by country and by   PL 102-138 Sec 197(b).       324
   program.
  Macau
    Conditions in of interest to     PL 106-570 Sec 204....       111
     the United States.
Reports to Congress--Continued
  Mexico-U.S. relations............  PL 101-246 Sec 1009...       394
  Middle East......................  PL 85-7 Sec 3.........      2085
  Military aid
    Middle East....................  PL 85-7 Sec 3.........      2085
  Military equipment thefts
    Useful to terrorists...........  PL 104-132 Sec 503....       968
  Missile Technology Control Regime
    China's adherence to...........  PL 106-65 Sec 1401(b).      1916
    Manpower requirements..........  PL 100-180 Sec 901....      2031
  Multinational Force and Observers
    Requirement delegated..........  EO 12361..............      2092
    U.S. participation in..........  PL 97-132 Sec 6.......      2089
  Multinational force in Lebanon
    U.S. participation.............  PL 98-119 Sec 4.......      2078
  Mutual Educational and Cultural    EO 12048 Sec 4........      1350
   Exchange Act.
  Nairobi Strategies
    Implementation of..............  PL 102-138 Sec 192....       322
  National Academy of Peace and      PL 95-561 Sec 1516....       879
   Conflict Resolution.
  National Endowment for Democracy.  PL 98-164 Sec 504(i)..      1409
    Program review.................  PL 102-138 Sec 211(b).      1281
  National Foreign Affairs Training
   Center
    Fees for use of................  PL 105-277 Sec 2205(c)       179
  NATO membership
    U.S. assistance in.............  PL 103-447 Sec 205....      2115
  Nonproliferation and               PL 103-160 Sec 1606...      1987
   counterproliferation activities
   and programs.
  North Korea
    Nuclear cooperation with.......  PL 106-113 Sec 822....      1883
  Nuclear exports..................  PL 105-261 Sec 1523...      1937
  Nuclear non-proliferation........  PL 95-242 Sec 601.....      1808
  Nuclear non-proliferation          PL 103-160 Sec 1611(c)      1990
   activities.
  Nuclear Nonproliferation Act of
   1978
    Implementation of..............  PL 106-113 Sec 1134...      1681
  Nuclear risk reduction centers
    Additional measures............  PL 101-510 Sec 1441(c)      2007
  Nuclear weapons
    Counterproliferation activities  PL 103-337 Sec 1503...      1974
    Dismantlement of...............  PL 102-484 Sec 3151(d)      2001
                                     PL 102-484 Sec 3151(d)      2001
    Nonproliferation activities....  PL 102-484 Sec 1503(a)      1761
                                     PL 102-484 Sec 1505(e)      1766
    Verification and control         PL 102-484 Sec 3153...      2002
     demonstration program.
  Nuclear weapons matters..........  PL 102-190 Sec 3142...      2005
  Nuclear Winter
    Policy implications............  PL 99-145 Sec 1006....      2045
  Oceania-U.S. relations...........  PL 101-246 Sec 1008...       394
  Operation Desert Storm
    U.S. activities in.............  PL 102-1 Sec 3........      2072
  Pacific Charter Commission.......  PL 106-570 Sec 404(e).       113
  Panama Canal Commission..........  PL 100-203 Sec 5418...      2200
  Panama Canal Treaty..............  PL 96-70 Sec 3301.....      2195
  Panama-U.S. relations
    Stationing of U.S. military      PL 96-70 Sec 1111.....      2147
     forces.
  Partnership for Peace
    Implementation of..............  PL 103-236 Sec 514....       252
  Passport restrictions
    Individuals in arrears on child  PL 106-113 Sec 238(a).       147
     support.
  Passport security................  PL 103-236 Sec 130....       226
  Persian Gulf War
    Prosecuting war criminals......  PL 102-138 Sec 301(c).       326
  Physical searches in the United    PL 95-511 Sec 306.....       814
   States.
Reports to Congress--Continued
  PLO-U.S. dialog
    Compliance with commitments....  PL 101-246 Sec 804....       381
  Policy Coordinating Committee on   PL 102-138 Sec 235....      1504
   International Broadcasting.
  President
    Advisory Board on Arms           PL 103-160 Sec 1601(d)      1982
     Proliferation Policy.
    Agency for International         PL 105-277 Sec 1601...       766
     Development reorganization
     plan.
    Arms Control and Disarmament     PL 105-277 Sec 1601...       766
     Agency reorganization plan.
    Chemical and biological weapons  PL 102-182 Sec 306(b).      1775
    Foreign affairs agencies         PL 105-277 Sec 1617...       772
     reorganization plan.
    Global weapons proliferation     PL 103-160 Sec 1601(d)      1982
     study.
    International Atomic Energy      PL 103-236 Sec 843....       288
     Agency.
    International Development        PL 105-277 Sec 1601...       766
     Cooperation Agency
     reorganization plan.
    National emergency.............  PL 94-412 Sec 401(b)-       2066
                                      (c).
    Peacekeeping operations........  PL 79-264 Sec 4(d)(1).      2210
    U.N. reform....................  PL 79-264 Sec 4(d)(3).      2211
    U.S. activities in United        PL 79-264 Sec 4.......      2210
     Nations.
    United Nations Security Council  PL 79-264 Sec 4.......      2210
     Decisions.
    USIA reorganization plan.......  PL 105-277 Sec 1601...       766
  President's Task Force on United   PL 102-138 Sec 235....      1504
   States Government International
   Broadcasting.
  Radio Free Asia
    Effectiveness assessment.......  PL 103-236 Sec 309(f).      1488
  Refugee assistance...............  PL 87-510 Sec 2(c)(3).      1147
  Refugees
    Gender related persecution task  PL 106-113 Sec 254(b).       148
     force.
  Refugees from Cuba and Haiti.....  PL 97-241 Sec 502.....       505
  Religious freedom
    Presidential action regarding    PL 105-292 Sec 404....      1100
     countries of particular
     concern.
  Repeal of reporting requirements.  PL 105-277 Sec 2219...       184
  Russia
    Assistance assessments under     PL 105-85 Sec 1409....      1614
     CTR programs.
    Biological weapons elimination.  PL 105-261 Sec 1308...      1606
    Chemical weapons elimination...  PL 106-398 Sec 1309(b)      1592
  Russia-U.S. communication          PL 105-261 Sec 1503...      1929
   capabilities.
  Russian alternative energy
   sources
    Options for....................  PL 106-398 Sec 1307...      1589
                                     PL 105-261 Sec 1307...      1606
  Russian Leadership Program.......  PL 106-31 Title III...      1379
  Russian missiles
    Detargeting of.................  PL 105-85 Sec 1301....      1941
  Safeguards information
    Atomic Energy Commission         PL 83-703 Sec 147d....      1876
     regulations on.
  Sanctions against foreign persons  PL 103-236 Sec               283
                                      824(e)(3).
  Satellite exports to China.......  PL 105-261 Sec 1515...      1934
                                     PL 106-553 Title IV...       560
  Saudi Arabia
    Claims against.................  PL 105-277 Sec 2801...       199
    U.S. firms claims against......  PL 106-113 Sec 209(a).       142
  Science and technology...........  PL 95-426 Sec 503-504.       522
  Secretary of Defense
    Cooperative Threat Reduction     PL 106-65 Sec 1306....      1598
     programs.
    Counterproliferation activities  PL 103-337 Sec 1503...      1974
    U.S. counter proliferation       PL 103-160 Sec 1603(d)      1983
     policies.
Reports to Congress--Continued
  Secretary of State
    Cases involving diplomatic       PL 84-885 Sec 56......        80
     immunity.
                                     PL 84-885 Sec 204B....        87
    Peacekeeping operations........  PL 79-264 Sec 4(c)....      2210
    Security Council Resolutions...  PL 79-264 Sec 4(b)....      2210
    Soviet nationals seconded to     PL 100-204 Sec 701....       421
     the United Nations.
    Women's human rights...........  PL 103-236 Sec 142(b).       230
  Senior Foreign Service personnel
    Placement of...................  PL 106-113 Sec 324....       151
  Somalia
    U.S. activities in.............  PL 103-337 Sec 1403...      1630
    U.S. policy toward.............  PL 103-160 Sec              2075
                                      1512(b)(3).
  Soviet Union (former)-U.S.
   relations
    Denuclearization...............  PL 102-484 Sec 1321(c)      1997
  Soviet Union
    Nuclear threat reduction.......  PL 102-228 Sec 211....      1655
    Nuclear weapons destruction....  PL 102-228 Sec 231....      1659
  Soviet-Eastern European research   PL 98-164 Sec 807.....      1432
   and training.
  Special nuclear material.........  PL 83-703 Sec 51......      1829
    Foreign distribution of........  PL 83-703 Sec 54......      1829
  SS-23 INF missile
    INF Treaty violation...........  PL 102-138 Sec 325....       330
  Standing Consultative Commission
    Arms control compliance........  PL 100-213 Sec 3......      1580
  START
    Consequences of................  PL 100-456 Sec 908(b).      2028
    Strategic modernization........  PL 101-510 Sec 1442...      2008
  START II Treaty
    Certification..................  PL 105-85 Sec 1404....      1612
    Strategic stability under......  PL 106-65 Sec 1503....      1926
  State Department
    Audit of emergency expenditures  PL 84-885 Sec 4(c)....        40
    Counterdrug and anti-crime       PL 105-277 Sec 2214...       181
     activities.
    Counterdrug and anti-crime       PL 105-277 Sec 2214...       182
     activities update.
    Demarches concerning             PL 103-236 Sec 828....       285
     proliferation.
    Legislative liaison offices....  PL 106-113 Sec 301....       149
    Office of the Inspector General  PL 105-277 Sec 2208(c)       180
    Rewards program................  PL 84-885 Sec 36(g)(2)        62
    Rewards program payments.......  PL 84-885 Sec 36(g)(1)        62
    Technical security and           PL 102-138 Sec 193....       322
     counterintelligence
     capabilities.
  State Department administrative
   operations
    Consolidation of...............  PL 103-236 Sec 128....       225
  State Department personnel         PL 102-138 Sec 150....       313
   matters.
  Status of international religious  PL 105-292 Sec 102....      1083
   freedom.
    Executive summary..............  PL 105-292 Sec              1084
                                      102(b)(1)(F).
    U.S. policies..................  PL 105-292 Sec              1084
                                      102(b)(1)(C).
  Taiwan membership in
   international organizations
    U.S. support for...............  PL 106-113 Sec 704....       155
  Taiwan Relations Act.............  PL 96-8 Sec 12........      2126
  Technology transfers to foreign    PL 106-65 Sec 1402....      1917
   governments.
  Terrorism
    Annual country report on.......  PL 100-204 Sec 140....       407
    Measures to protect ship         PL 99-399 Sec 903.....       934
     passengers and crews.
    Measures to protect U.S. ports   PL 99-399 Sec 905.....       935
     and ships.
    Victims compensation...........  PL 106-386 Sec 2003(c)       949
Reports to Congress--Continued
  Terrorist attacks on overseas
   personnel
    Compensation paid..............  PL 106-113 Sec 340....       154
  Terrorist attacks on U.S.          PL 106-113 Sec 805....       160
   citizens in Israel.
  Tibet-U.S. relations.............  PL 103-236 Sec 536....       267
  Trade discrimination.............  PL 95-426 Sec 606.....       527
  Trafficking in persons
    Actions against significant      PL 106-386 Sec 111....      1071
     persons.
  Tripartite Agreement.............  PL 101-246 Sec 417....       374
    Compliance with................  PL 101-246 Sec 417(c).       375
  U.S. citizens abroad
    Disaster handling procedures...  PL 101-246 Sec 115(e).       351
  U.S. delegation to the Conference  PL 102-138 Sec 169(e).       318
   on Security and Cooperation in
   Europe.
  U.S. personnel in Sinai..........  PL 94-110 Sec 4.......      2094
  U.S. satellite manufacturers
    Violations.....................  PL 106-65 Sec 1412....      1924
  UNESCO
    Activities of..................  PL 102-138 Sec 170....       319
    U.S. policy on.................  PL 101-246 Sec 408....       370
  United Nations
    Member countries voting          PL 101-246 Sec 406....       368
     practices.
    Multinational forces...........  PL 79-264 Sec 4(d)(4).      2211
    Payment of assessed              PL 103-236 Sec 409(d).       241
     contributions.
    Peace operations...............  PL 103-337 Sec 1401...      1630
    Peacekeeping operations........  PL 102-138 Sec 175(b).       320
  United States Advisory Commission  PL 80-402 Sec 603.....      1233
   on Information.
  United States broadcasting
    Future of......................  PL 102-138 Sec 235....      1504
  United States Commission on        PL 100-204 Sec 726....       428
   Improving the Effectiveness of
   the United Nations.
  United States Institute of Peace.  PL 98-525 Sec 1712....       876
  United States International        PL 105-292 Sec 205....      1092
   Commission on Religious Freedom.
  United States missions abroad
    Chancery in Moscow.............  PL 102-138 Sec 132....       311
  United States Munitions List
    Satellite export controls......  PL 105-261 Sec 1513(d)      1932
  Update on Monitoring of Cuban      PL 105-277 Sec 2245...       191
   Migrant Returnees.
  USIA
    Au pair programs...............  PL 104-72 Sec 1(c)....      1338
    Closing posts abroad...........  PL 80-402 Sec 812.....      1243
    Director.......................  PL 103-236 Sec 229(b).      1269
    Office in Tibet................  PL 103-236 Sec 221(b).      1268
    Programming material acquired..  PL 101-246 Sec 213....      1294
  Vietnam
    Relations with.................  PL 105-277 Sec 2805...       202
    Sanctions against..............  PL 103-236 Sec 522....       258
  Vietnam relations
    Continuation of requirement....  PL 106-113 Sec 209(c).       142
  Visa applications
    Consular survey results........  PL 106-113 Sec 237(b).       146
  Visas
    Denial of......................  PL 84-885 Sec 51......        78
  War powers
    Presidential use of............  PL 93-148 Sec 4-5.....      2058
  Weapons of mass destruction
    Technology acquisition by        PL 104-293 Sec 721....      1730
     foreign countries.
  Western Europe and Other Groups
   (WEOG)
    Acceptance of Israel in bloc...  PL 106-113 Sec 721....       157
  Western Sahara referendum........  PL 106-113 Sec 803....       159
Reports to Congress--Continued
  Women
    Sexual harassment at State       PL 102-138 Sec 194....       323
     Department.
  World Alternate Energy Conference  PL 95-426 Sec 609.....       528
Reprogramming of funds
  State Department.................  PL 84-885 Sec 34......        57
  USIA.............................  PL 80-402 Sec 705.....      1236
Research and Training for Eastern    PL 98-164 Sec 801.....      1428
 Europe and the Independent States
 of the Former Soviet Union Act of
 1983.
Resolution to Promote Peace and      PL 85-7...............      2085
 Stability in the Middle East.
RFE
  (see Radio Free Europe)
RFE/RL
  (see Radio Free Europe and Radio
   Liberty)
Rhodesia
  (see Zimbabwe)
Rio Treaty of 1947
  U.S. policy toward Cuba..........  PL 87-733.............      2084
RL
  (see Radio Liberty)
Romania-U.S. relations
  Educational and cultural exchange  PL 101-610 Sec 602....      1382
  Human rights violations..........  PL 100-204 Sec 1205...       438
Royal Ulster Constabulary
  Training funds
    Report to Congress.............  PL 106-113 Sec 405....      1253
Russia-U.S. relations
  Assistance assessments under CTR
    Report to Congress.............  PL 105-85 Sec 1409....      1614
  Bilateral Destruction Agreement
    Chemical weapons destruction...  PL 105-261 Sec 1304...      1604
  Biological weapons
    Elimination of.................  PL 105-261 Sec 1308...      1606
  Biological weapons elimination
    Report to Congress.............  PL 105-261 Sec 1308...      1606
  Business administration training
   programs
    Appropriations authorization...  PL 106-113 Sec 426....      1257
    Establishing...................  PL 106-113 Sec 421....      1255
  Center for Russian Leadership
   Development
    Establishment of...............  PL 106-554 Title III..      1374
  Chemical weapons
    Elimination of.................  PL 106-398 Sec 1309...      1592
  Chemical weapons destruction
    Cooperative Threat Reduction     PL 106-65 Sec 1305....      1598
     funds limitation.
    Funds limitation...............  PL 105-261 Sec 1304...      1604
                                     PL 105-85 Sec 1406....      1612
  Chemical weapons destruction
   facility
    CTR funds limitation...........  PL 105-85 Sec 1405(a).      1612
  Communication capabilities
    Report to Congress.............  PL 105-261 Sec 1503...      1929
  Cooperative Threat Reduction
    Fossil fuel energy plant         PL 106-398 Sec 1307...      1589
     construction.
                                     PL 105-261 Sec 1307...      1606
    U.S. access to weapons storage   PL 106-398 Sec 1306...      1589
     sites.
                                     PL 106-398 Sec 1306...      1589
  Cooperative Threat Reduction
   funds
    Biological weapons prevention..  PL 105-261 Sec 1305...      1604
    Fissile material storage         PL 105-85 Sec 1407....      1613
     facility.
    Weapons storage security         PL 105-85 Sec 1408....      1613
     facility.
  Cooperative Threat Reduction
   programs
    Allocation of funds............  PL 106-398 Sec 1302...      1587
Russia-U.S. relations--Continued
  Cooperative Threat Reduction
   programs--Continued
    Allocation of funds--Continued
                                     PL 106-65 Sec 1302....      1596
                                     PL 105-261 Sec 1302...      1602
                                     PL 105-85 Sec 1402....      1610
    Peacekeeping activities........  PL 104-201 Sec 1503...      1618
  Nonstrategic weapons
    Findings of Congress...........  PL 105-261 Sec 1504...      1929
  Nuclear weapons
    Reduction of...................  PL 106-38 Sec 3.......      1687
  Nuclear weapons reductions.......  PL 102-484 Sec 1321...      1995
  Plutonium production
    Elimination of.................  PL 104-201 Sec 1431...      1742
  Plutonium storage facility
    U.S. assistance................  PL 103-160 Sec 1612...      1991
  Proliferation to Iran
    Presidential determination.....  PL 106-178 Sec 6......      1669
  Radio broadcasting to
    Appropriations, 2001...........  PL 106-554 Sec 211....      1391
  Strategic missiles
    Detargeting of.................  PL 105-85 Sec 1301....      1941
  Uranium
    Transfers and sales to.........  PL 104-134 Sec 3112...      1888
  Weapons grade plutonium
    Reactors conversion............  PL 106-398 Sec 1310...      1593
Russian Leadership Development
 Center Trust Fund
  Establishment of.................  PL 106-554 Title III..      1375
Russian Leadership Program
  Appropriations, 2001.............  PL 106-554 Title II...      1332
  Establishment of.................  PL 106-31 Title III...      1377
Rwanda
  Humanitarian law violations
    Rewards for information on.....  PL 105-323 Sec 102....       166


                                    S

Saint Lawrence Seaway
  Toll negotiations
    United States advisory board...  PL 95-105 Sec 110.....       535
Samantha Smith Memorial Exchange     PL 87-256 Sec               1367
 Program.                             112(a)(8).
Sanctions
  Against certain persons..........  PL 102-484 Sec 1604...      1768
  Against foreign countries........  PL 102-484 Sec 1605...      1768
    Chemical Weapons Convention....  PL 105-277 Sec              1695
                                      103(e)(2).
    Weapons proliferation..........  EO 12938 Sec 5........      1790
  Against foreign governments
    Chemical Weapons Convention....  PL 105-277 Sec              1696
                                      103(e)(3).
  Against foreign persons
    Report to Congress.............  PL 105-277 Sec              1698
                                      103(e)(6).
    Weapons proliferation..........  EO 12938 Sec 4........      1789
  Against Iraq or Iran
    Waiver of......................  PL 102-484 Sec 1606...      1769
  Against persons financing nuclear  PL 103-236 Sec 824....       282
   proliferation.
  Chemical and biological weapons
    Proliferation of...............  EO 12851 Sec 1........      1784
  Chemical and biological weapons    EO 12851 Sec 1........      1784
   use.
  Exports contributing to
   proliferation
    Presidential determination.....  PL 103-236 Sec 821....       278
  Foreign countries
    Chemical and biological use....  PL 102-182 Sec 307....      1776
  International
    Against terrorists.............  PL 99-399 Sec 910.....       937
Sanctions--Continued
  Missiles proliferation
    Against United States persons..  EO 12851 Sec 2........      1785
  Nuclear proliferation activities
    Strengthening..................  PL 104-201 Sec 1303...      1956
  United Nations Participation Act   PL 79-264 Sec 5.......      2215
   of 1945.
  United Nations Security Council..  PL 79-264 Sec 5.......      2215
Sanctions, additional
  Against countries violating        PL 102-182 Sec 308....      1780
   chemical and biological weapons
   use.
Satellites
  Nuclear powered
    Sense of Congress..............  PL 95-426 Sec 608.....       528
Saudi Arabia-U.S. relations
  Arms sales
    Operation Desert Shield/Desert   PL 102-229 Sec 104....      1663
     Storm commitments.
  Claims against
    Report to Congress.............  PL 106-113 Sec 209(a).       142
                                     PL 105-277 Sec 2801...       199
Scholarships
  (see Educational and cultural
   exchange)
Science and technology
  (see also Technical assistance)
  Agreements, 1982-1983............  PL 97-241 Sec 110.....       503
  Bilateral agreements
    Appropriations authorization,    PL 99-93 Sec 101(5)...       458
     1986-1987.
    Appropriations authorization,    PL 100-204 Sec 105....       401
     1988-1989.
    Appropriations authorization,    PL 101-246 Sec 105....       350
     1990-1991.
    Appropriations authorization,    PL 102-138 Sec 105....       306
     1992-1993.
    Appropriations authorization,    PL 103-236 Sec 105....       223
     1994-1995.
  International agreements and
   activities
    Secretary of State.............  PL 95-426 Sec 504.....       523
  U.N. conference on...............  PL 95-426 Sec 103.....       515
  U.S. foreign policy..............  PL 95-426 Sec 501-504.       521
Science and Technology Adviser
  Senior-level State Department      PL 106-113 Sec 303....       150
   official for.
Scientific exchange
  (see Educational and cultural
   exchange)
Second Decade to Combat Racism and
 Racial Discrimination
  U.S. contribution to the United    PL 98-164 Sec                485
   Nations.                           114(a)(5).
Secondary schools
  (see Educational and cultural
   exchange)
Secret Service
  Protection of foreign diplomats..   3 USC 202............      2267
    Reimbursement of State and       3 USC 208.............      2568
     local governments.
Secure Embassy Construction and      PL 106-113 Sec 601....       951
 Counterterrorism Act of 1999.
Security assistance (U.S.)
  (see Military aid (U.S.))
Security Assistance Act of 1999....  PL 106-113 Sec 1201...      1683
Security investigations
  (see Loyalty)
Security of United States Missions
 Abroad, Advisory Panel on
  Report to Congress...............  PL 98-533 Sec 301.....       994
Security supporting assistance
  (see Economic Support Fund)
Selection-out
  (see Foreign Service)
Senate
  Gifts (foreign)..................  PL 95-105 Sec               1130
                                      515(a)(1).
Separation of powers
  War powers.......................  PL 93-148 Sec 2.......      2057
Serbia (Republic of)
  Democracy in
    Findings of Congress...........  PL 105-277 Sec 2811...       208
Seville World's Fair
  USIA
    Appropriations authorization,    PL 101-246 Sec 201(b).      1292
     1990.
Ships
  Terrorism
    Protecting passengers and crews  PL 99-399 Sec 902.....       934
Sierra Leone-U.S. relations
  Diamond importation or
   consumption
    Restrictions on................  PL 106-553 Sec 406....       566
  Displaced persons resettlement
   aid
    Assistance authorization, 2000-  PL 106-113 Sec               128
     2001.                            103(2)(C).
Slavics Collection, Indiana
 University Libraries
  USIA TV program
    ``Window on America''..........  PL 105-373 Sec 1......      1340
Social development
  (see Alliance for Progress)
  (see Human rights)
  (see U.N.)
Social security (U.S.)
  International organizations......  PL 79-291 Sec 5.......      2250
Somalia-U.S. relations
  U.S. military forces in
    Authorization for use of.......  PL 103-139 Sec 8151...      2073
    Sense of Congress..............  PL 103-160 Sec 1512(a)      2075
  U.S. policy toward
    Report to Congress.............  PL 103-160 Sec              2075
                                      1512(b)(3).
    Sense of Congress..............  PL 103-160 Sec 1512(a)      2075
    Statement of Congress..........  PL 103-160 Sec 1512(b)      2075
South Africa-U.S. relations
  Nuclear materials
    Export of......................  PL 98-164 Sec 1007....       492
  Tripartite Agreement
    Reports to Congress............  PL 101-246 Sec 417....       374
                                     PL 101-246 Sec 417(c).       375
South East Asia Collective Defense
 Treaty
  Protocol to......................  PL 88-408.............      2095
  Tonkin Gulf Resolution...........  PL 88-408.............      2095
South Pacific
  Educational and cultural
   exchanges
    Appropriations authorization...  PL 105-277 Sec              1259
                                      2401(3)(B).
South Pacific Exchange Program.....  PL 103-236 Sec 241....      1273
South Pacific Exchanges
  Educational and cultural
    Appropriations authorization,    PL 106-113 Sec               128
     2000-2001.                       104(a)(1)(B).
South Vietnam-U.S. relations
  (see Indochina War)
Southeast Asia
  (see also individual countries)
  (see also Indochina War)
  Refugees
    Eligibility for U.S. refugee     PL 100-204 Sec 906....       436
     program.
Southern Africa
  Peacekeeping activities in.......  PL 101-246 Sec 417....       374
Southern Boundary Restoration and
 Enhancement Fund
  Appropriations, 2001.............  PL 106-553 Title IV...       560
  Fund investment..................  PL 106-113 Sec 623....       952
  Fund management..................  PL 106-113 Sec               573
                                      623(a)(2).
Southern Rhodesia
  (see Zimbabwe)
Sovereignty
  (see also Courts, jurisdiction)
Soviet Nuclear Threat Reduction Act  PL 102-228 Sec 201....      1655
 of 1991.
Soviet Scientists Immigration Act    PL 102-509............      1206
 of 1992.
  Termination of...................  PL 102-509 Sec 4(d)...      1207
Soviet Union (former)-U.S.
 relations
  Aliens
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
  Biological warfare program
    Report to Congress.............  PL 103-337 Sec 1207...      1627
  Biological weapons programs
    Assistance limitations.........  PL 104-106 Sec 1208...      1623
  Chemical weapons destruction
    Assistance limitations.........  PL 104-106 Sec 1209...      1623
  Cooperative counter proliferation
    Foreign aid....................  PL 105-261 Sec 1306...      1605
  Cooperative Threat Reduction
    Appropriations.................  PL 106-259 Title II...      1594
    Funding limitation.............  PL 103-337 Sec 1206...      1626
    Program coordination...........  PL 103-337 Sec 1208...      1630
    Report to Congress.............  PL 103-337 Sec 1202...      1626
  Cooperative Threat Reduction
   programs
    Allocation of funds............  PL 106-398 Sec 1302...      1587
                                     PL 106-65 Sec 1302....      1596
                                     PL 105-261 Sec 1302...      1602
                                     PL 105-85 Sec 1402....      1610
  Demilitarization
    Findings of Congress...........  PL 102-484 Sec 1411...      1651
  Demilitarization programs
    Administration of..............  PL 102-484 Sec 1421...      1653
    Appropriations authorization...  PL 102-484 Sec 1421(a)      1653
    Presidential authority.........  PL 102-484 Sec 1412...      1652
  Denuclearization
    Report to Congress.............  PL 102-484 Sec 1321(c)      1997
    U.S. policy....................  PL 102-484 Sec 1321(b)      1996
  Former Soviet Union                PL 102-484 Sec 1401...      1651
   Demilitarization Act of 1992.
  Immigration
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
  Nuclear Scientists
    Assistance limitations.........  PL 104-106 Sec 1207...      1622
  Parolees
    U.S. admissibility.............  PL 101-167 Sec 599E...      1209
  Research on......................  PL 98-164 Sec 801.....      1428
  Scientists
    Immigration to the United        PL 102-509 Sec 2......      1206
     States.
  Sense of Congress
    Nuclear missiles dismantlement.  PL 103-337 Sec 1209...      1630
  Weapons of mass destruction
    Individuals with expertise in..  PL 105-261 Sec 1309...      1607
Soviet Union (former), independent
 states of
  Appropriations authorization.....  PL 103-160 Sec 1209...      1638
  Arms control.....................  PL 102-511 Sec 501....      1640
    Foreign aid eligibility........  PL 102-511 Sec 502....      1641
  Arms control activities..........  PL 102-511 Sec 503....      1641
  Cooperative Threat Reduction
    Authority......................  PL 103-160 Sec 1203...      1633
  Diplomatic and Consular Service..  PL 102-511 Sec 802....      1416
  Exchange and training programs...  PL 102-511 Sec 807....      1417
  Graduate students
    USIA scholarships..............  PL 102-138 Sec 227....      1287
Soviet Union (former), independent
 states of--Continued
  Nonproliferation activities......  PL 102-511 Sec 501....      1640
  Nonproliferation and disarmament   PL 102-511 Sec 504....      1643
   fund.
  Nuclear materials disposal.......  PL 102-511 Sec 510....      1648
  Nuclear threat reduction           PL 103-160 Sec 1202...      1633
   cooperation.
  Research and development           PL 102-511 Sec 511....      1649
   foundation.
  Russian military activities
    Report to Congress.............  PL 103-236 Sec 528....       261
Soviet Union (former), independent
 states of-U.S. relations
  Exchange of persons..............  PL 87-256 Sec 113.....      1370
Soviet Union (former), Science and
 technology centers
  Appropriations authorization.....  PL 106-113 Sec 1138...      1681
Soviet Union-Eastern Europe
  Graduate student scholarships
    Appropriations authorization...  PL 102-138 Sec 227(d).      1288
    Muskie Fellowships.............  PL 102-138 Sec 227(f).      1289
Soviet Union-U.S. relations
  Angola
    U.S. policy on.................  PL 100-204 Sec 1222...       441
  Anti-ballistic missile capability
    Report to Congress.............  PL 100-456 Sec 907....      2026
  Arms control
    Antisatellite weapons..........  PL 101-189 Sec 1009...      2017
  Baltic States
    Self determination of..........  PL 100-204 Sec 1206...       439
  Democratization of
    Sense of Congress..............  PL 102-138 Sec 360....       334
  Emergency airlift assistance
    ``emergency requirement'' funds  PL 102-228 Title III..      1660
  Foreign aid
    U.S. policy on.................  PL 102-138 Sec 361....       335
  Humanitarian assistance
    Emergency airlift..............  PL 102-228 Title III..      1659
    Report to Congress.............  PL 102-228 Title III..      1659
    Transfer of funds..............  PL 102-229 Sec 109....      1665
  Military and civilian exchange     PL 99-145 Sec 1005....      2044
   program.
  Missile treaty violations
    Sense of Congress..............  PL 104-106 Sec 1405...      1969
  Nuclear threat reduction
    Presidential certification.....  PL 102-228 Sec 211....      1655
    Transfer of funds..............  PL 102-229 Sec 108....      1664
  Nuclear weapons
    Destruction of.................  PL 102-228 Title II...      1655
    Findings of Congress...........  PL 102-228 Sec 211....      1655
    Sense of Congress..............  PL 103-337 Sec 1209...      1630
  Nuclear weapons destruction
    Program administration.........  PL 102-228 Sec 221....      1657
    Program authority..............  PL 102-228 Sec 212....      1656
    Repayment arrangements.........  PL 102-228 Sec 222....      1658
    Report to Congress.............  PL 102-228 Sec 231....      1659
  Nuclear Winter
    Joint study on consequences of.  PL 99-93 Sec 708......      1585
  Religious persecution
    RFE/RL, Incorporated broadcasts  PL 98-164 Sec 306.....      1513
     on.
  RFE/RL jamming
    Policy on......................  PL 98-164 Sec 308.....      1514
  Wallenberg and Kaplan............  PL 98-164 Sec 1006....       491
Soviet-East European research and
 training
  Appropriations authorization.....  PL 99-93 Sec 101(6)...       458
  Appropriations authorization,      PL 100-204 Sec 105....       401
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 105....       350
   1990-1991.
  Appropriations authorization,      PL 102-138 Sec 105....       306
   1992-1993.
Soviet-Eastern European research     PL 98-164 Sec 807.....      1432
 and training Act of 1983
  Report to Congress...............  PL 98-164 Sec 807.....      1432
Soviet-Eastern European Studies
 Advisory Committee
  Established......................  PL 98-164 Sec 804.....      1429
Space
  (see also Outer space)
  Inter-American Cooperation in
    Study of initiative on.........  PL 99-93 Sec 149......       469
  Nuclear powered satellites
    Findings of Congress...........  PL 95-426 Sec 608.....       528
Space Station, International
  Extraordinary payments
    Restrictions on................  PL 106-178 Sec 6......      1669
Spain-U.S. relations
  Former nationals of
    Citizenship acquired by U.S.     22 CFR 51.51..........      1030
     legislation or treaty.
  Painting return..................  PL 95-426 Sec 605.....       526
  United States territory
    Former nationals residing in...  22 CFR 51.51..........      1030
Spoils of war
  Possessed by the United States
    Terrorism support prohibition..  PL 103-236 Sec 553....       268
    Transfer of....................  PL 103-236 Sec 552-554       267
Spoils of War Act of 1994..........  PL 103-236 Sec 551....       267
Standing Consultative Commission
  Arms control compliance
    Report to Congress.............  PL 100-213 Sec 3......      1580
State governments
  Protecting foreign diplomats
    Reimbursement by the United       3 USC 208............      2568
     States Treasury.
State, Assistant Secretary of
  South Asian Affairs
    Establishment of...............  PL 102-138 Sec 122....       308
State, Department of
  (see also Agency for
   International Development)
  (see also Foreign Service)
  (see also State, Secretary of)
  Access to
    Congressional members and staff  PL 103-236 Sec 129....       226
  Administrative operations
    Report to Congress.............  PL 103-236 Sec 128....       225
  Administrative services
    Capital fund...................  PL 84-885 Sec 13......        43
  Advisory Committee on Historical   PL 84-885 Sec 406.....       106
   Diplomatic Documentation.
  Advisory Panel on Overseas
   Security
    Report to Congress.............  PL 99-399 Sec 407.....       916
  Ambassadors and ministers
    (see Ambassadors)
  American Institute in Taiwan
    Appropriations authorization,    PL 102-138 Sec               300
     1992-1993.                       101(a)(6).
    Appropriations authorization,    PL 103-236 Sec               217
     1994-1995.                       101(a)(7).
    Appropriations authorization,    PL 105-277 Sec 2101(8)       174
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec               125
     2000-2001.                       101(a)(7).
  Appropriations authorization,      PL 93-126.............       552
   1973.
  Appropriations authorization,      PL 93-475.............       550
   1975.
  Appropriations authorization,      PL 94-350 Sec 101.....       543
   1977.
  Appropriations authorization,      PL 95-105 Sec 101.....       533
   1978.
  Appropriations authorization,      PL 95-426 Sec 101.....       514
   1979.
  Appropriations authorization,      PL 98-164 Sec 102.....       479
   1984-1985.
  Appropriations authorization,      PL 99-93 Sec 101......       456
   1986-1987.
  Appropriations authorization,      PL 100-204 Sec 101....       397
   1988-1989.
State, Department of--Continued
  Appropriations authorization,      PL 101-246............       345
   1990-1991.
  Appropriations authorization,      PL 102-138............       295
   1992-1993.
  Appropriations authorization,      PL 103-236............       209
   1994-1995.
    Limitations....................  PL 103-236 Sec 101(b).       217
  Appropriations authorization,      PL 105-277 Sec 2101...      1699
   1998-1999.
  Appropriations authorization,      PL 106-113............       116
   2000-2001.
  Appropriations, 1995.............  PL 103-317 Title IV...       582
  Appropriations, 2000.............  PL 106-113 Title IV...       572
  Assistant Secretaries of State...  PL 84-885 Sec 1(c)....        33
  Assistant Secretary of State for   PL 95-105 Sec 109.....       535
   Human Rights and Humanitarian
   Affairs.
  Atomic energy
    Restricted data transmission...  EO 11057..............      1909
  Buildings abroad
    (see Foreign Service buildings)
  Bureau of Consular Affairs.......  PL 82-414 Sec 104(b)..      1154
  Bureau of International            PL 91-269 Sec 2-3.....      1471
   Expositions.
    Obligation of funds............  PL 106-113 Sec 204....       140
  Bureau of Oceans and               PL 93-126 Sec 9.......       554
   International Environmental and
   Scientific Affairs.
  Bureau to review raw and           PL 93-475 Sec 14......       550
   processed materials.
  Cambodian Genocide Investigation,  PL 103-236 Sec 573....       273
   Office of.
  Capital Investment Fund
    Appropriations authorization,    PL 105-277 Sec 2101(3)       173
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec               124
     2000-2001.                       101(a)(2).
    Appropriations, 2001...........  PL 106-553 Title IV...       561
    Established....................  PL 103-236 Sec 135....       227
  Civil Service employees
    Protection of..................  PL 100-204 Sec 172....       416
  Claims
    Payment of.....................  PL 84-885 Sec 2.......        36
  Communications center
    Alternative site...............  PL 98-164 Sec 105.....       481
  Congressional committee requests
   for information
    Time deadline..................  PL 102-138 Sec 196....       323
  Consular Affairs, Assistant        22 CFR 51.89..........      1039
   Secretary of.
  Consular facilities in Mexico
    Improvement of.................  PL 98-164 Sec 103.....       481
  Contract negotiation
    Discrimination.................  PL 94-350 Sec 121.....       546
  Coordinator for Human Rights and   PL 95-105 Sec 109.....       535
   Humanitarian Affairs.
  Counterdrug and anti-crime
   activities
    Report to Congress.............  PL 105-277 Sec 2214...       181
  Democracy, Human Rights, and
   Labor
    Assistant Secretary of State     PL 84-885 Sec 1(c)(2).        34
     for.
  Department of State and Related    PL 105-277 Title IV...       577
   Agencies Appropriations Act,
   1999.
  Department of State and Related    PL 106-553 Title IV...      1330
   Agencies Appropriations Act,
   2001.
  Department of State and Related    PL 103-317 Title IV...       582
   Agency Appropriations Act, 1995.
  Department of State and Related    PL 106-113 Title IV...       572
   Agency Appropriations Act, 2000.
  Department of State                PL 93-126.............       552
   Appropriations Authorization Act
   of 1973.
  Department of State Authorization  PL 96-60..............       507
   Act, Fiscal Years 1980 and 1981.
  Department of State Authorization  PL 97-241 Sec 101.....       497
   Act, Fiscal Years 1982 and 1983.
  Department of State Authorization  PL 98-164 Sec 101.....       479
   Act, Fiscal Years 1984 and 1985.
State, Department of--Continued
  Deputy Assistant Secretaries of    PL 84-885 Sec 1(d)....        35
   State.
  Diplomatic and Consular Programs
    Appropriations, 2001...........  PL 106-553 Title IV...      1330
    Appropriations authorization,    PL 105-277 Sec 2101(1)       122
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec               122
     2000-2001.                       101(a)(1).
  Diplomatic and Consular Service
    Appropriations authorization,    PL 102-138 Sec               299
     1992-1993.                       101(a)(4).
    Appropriations authorization,    PL 103-236 Sec               215
     1994-1995.                       101(a)(1).
  Diplomatic reception rooms
    Fees for use of................  PL 84-885 Sec 54......        80
  Diplomatic Telecommunications
   Service Program Office
    Reform of......................  PL 106-113 Sec 305....       150
  Educational and cultural exchange
    Appropriations authorization,    PL 106-113 Sec 104....       128
     2000-2001.
  Emergency expenditures...........  PL 84-885 Sec 4.......        39
    Inspector General audit........  PL 84-885 Sec 4(c)....        40
  Employees
    Withheld benefits restoration..  PL 103-236 Sec 182....       235
  Environmental affairs
    Delegation of authority........  EO 11742..............       860
  Establishment of.................  RS Sec 199............        29
  Ethnic representation
    Recruitment plan...............  PL 101-246 Sec 153(b).       361
  Exchange programs
    (see also Educational and
     cultural exchange)
  Foreign affairs
    Appropriations authorization,    PL 101-246 Sec 101....       346
     1990-1991.
    Appropriations authorization,    PL 102-138 Sec 101....       295
     1992-1993.
    Appropriations authorization,    PL 103-236 Sec 101....       215
     1994-1995.
    Appropriations authorization,    PL 105-277 Sec 2101...      1699
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec 101....      1570
     2000-2001.
    Appropriations, 2001...........  PL 106-553 Title IV...      1330
  Foreign countries
    Property agreements............  PL 103-236 Sec 134....       227
  Foreign Language Resources
   Coordinator
    Appointment of.................  PL 103-236 Sec 192....       236
  Foreign language services
    Surcharges for.................  PL 103-236 Sec 193....       236
  Foreign mission declaration
    Prohibition against............  PL 100-204 Sec 133....       404
  Foreign missions
    Office of......................  PL 84-885 Sec 203.....        83
  Foreign Missions protection
    Appropriations authorization,    PL 105-277 Sec 2101(9)       174
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec               125
     2000-2001.                       101(a)(8).
  Foreign Relations Authorization    PL 94-350.............       543
   Act, Fiscal Year 1977.
  Foreign Relations Authorization    PL 95-426.............       514
   Act, Fiscal Year 1979.
State, Department of--Continued
  Foreign Service
    (see Foreign Service)
  Foreign service buildings
    Appropriations authorization,    PL 102-138 Sec               299
     1992-1993.                       101(a)(2).
    Appropriations authorization,    PL 103-236 Sec               216
     1994-1995.                       101(a)(3).
    Appropriations authorization,    PL 105-277 Sec 2101(4)       173
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec               124
     2000-2001.                       101(a)(3).
  Gender related persecution task
   force
    Establishment of...............  PL 106-113 Sec 254....       148
  Grants
    Competitive procedures.........  PL 102-138 Sec 212....      1282
  Historic and artistic items......  PL 84-885 Sec 41......        68
    Disposition of.................  PL 84-885 Sec 41(b)...        68
  Historical records                 PL 84-885 Sec 404.....       104
   declassification.
    Freedom of Information Act.....  PL 84-885 Sec 405.....       106
    Privacy Act....................  PL 84-885 Sec 405.....       106
  Inspector General
    Abolished......................  PL 99-93 Sec 150(b)...       469
    Emergency expenditures audit...  PL 84-885 Sec 4(c)....        40
    Establishment of...............  PL 99-399 Sec 413.....       917
  Intelligence responsibilities....  EO 12333 Sec 1.9......       830
  International Commissions
    Appropriations, 2000...........  PL 106-246 Title II...       570
  International communications and
   information policy
    Foreign policy.................  PL 84-885 Sec 35......        58
  International communications
   policy
    Additional positions for.......  PL 98-164 Sec 104.....       481
  Joint funds
    Interest on....................  PL 106-113 Sec 210....       144
  Legislative liaison offices
    Assessment of..................  PL 106-113 Sec 301....       149
  National Foreign Affairs Training
   Center
    Fees for use of................  PL 84-885 Sec 53......        79
    Report on pilot program........  PL 105-277 Sec 2205(c)       179
  Northeastern Europe
    Senior-level official for......  PL 106-113 Sec 302....       150
  Office of Inspector General
    Appropriations, 2001...........  PL 106-553 Title IV...       561
    Procedures.....................  PL 105-277 Sec 2208...       180
    Report to Congress.............  PL 105-277 Sec 2208(c)       180
  Office of International Religious
   Freedom
    Ambassador at Large............  PL 105-292 Sec 101....      1082
    Established....................  PL 105-292 Sec 101....      1082
  Office of the Inspector General
    Appropriations authorization,    PL 102-138 Sec               299
     1992-1993.                       101(a)(5).
    Appropriations authorization,    PL 103-236 Sec               217
     1994-1995.                       101(a)(6).
    Appropriations authorization,    PL 105-277 Sec 2101(7)       173
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec               125
     2000-2001.                       101(a)(6).
  Other appointed senior officials.  PL 84-885 Sec 1(d)....        35
  Personnel
    Additional positions...........  PL 98-164 Sec 104.....       481
    Assignment to Executive          PL 93-126 Sec 11......       553
     agencies.
    Travel expenses................  PL 84-885 Sec 10......        35
State, Department of--Continued
  Personnel costs and currency
   fluctuations
    Additional appropriations......  PL 84-885 Sec 24......        48
  Personnel questions
    Report to Congress.............  PL 102-138 Sec 150....       313
  Political and economic reporting
    Additional positions for.......  PL 98-164 Sec 104.....       481
  Polygraph program
    Report to Congress.............  PL 101-246 Sec 154....       363
  Procurement contracts............  PL 84-885 Sec 14......        44
  Programs
    Participation in by              PL 101-246 Sec 126....       352
     economically and socially
     disadvantaged.
  Publications on foreign relations  PL 98-164 Sec 133.....       489
  Reduction in earmarks............  PL 84-885 Sec 11......        43
  Refugees
    (see Refugees and Refugee
     assistance)
  Reorganization
    Report to Congress.............  PL 101-246 Sec 127....       354
  Repatriation loan program
    Requirements of................  PL 84-885 Sec 4(d)....        40
  Repatriation loans
    Appropriations authorization,    PL 105-277 Sec               122
     1998-1999.                       2101(10).
    Appropriations authorizations,   PL 106-113 Sec               125
     2000-2001.                       101(a)(9).
  Report to Congress
    Emergency expenditures audit...  PL 84-885 Sec 4(c)....        40
    Women's human rights...........  PL 103-236 Sec 142(b).       230
  Reports to Congress
    Demarches concerning             PL 103-236 Sec 828....       285
     proliferation.
  Representation allowances
    Appropriations authorization,    PL 103-236 Sec               216
     1994-1995.                       101(a)(4).
    Appropriations authorization,    PL 105-277 Sec 2101(5)       173
     1998-1999.
    Appropriations authorization,    PL 106-113 Sec               124
     2000-2001.                       101(a)(4).
  Reprogramming of funds...........  PL 84-885 Sec 34......        57
  Rewards program
    Annual report to Congress......  PL 84-885 Sec 36(g)(2)        62
    Human rights violations........  PL 105-323 Sec 102....       166
    Terrorism prevention...........  PL 84-885 Sec 36......        59
  Rewards program payments
    Report to Congress.............  PL 84-885 Sec 36(g)(1)        62
  Salaries and expenses
    Appropriations authorization,    PL 102-138 Sec               298
     1992-1993.                       101(a)(1).
    Appropriations authorization,    PL 103-236 Sec               216
     1994-1995.                       101(a)(2).
  Science and Technology Adviser
    Senior-level official for......  PL 106-113 Sec 303....       150
  Secretary of State...............  PL 84-885 Sec 1.......        31
  Security
    Capital projects and             PL 99-93 Sec 104......       458
     improvements.
  Special agents
    Extra pay......................  PL 84-885 Sec 32......        56
    General authority..............  PL 84-885 Sec 37......        64
  State Department Basic             PL 84-885.............        31
   Authorities Act of 1956.
  State Department/USIA              PL 93-475.............       550
   Authorization Act, Fiscal Year
   1975.
  Technical security and
   counterintelligence capabilities
    Study of.......................  PL 102-138 Sec 193....       322
State, Department of--Continued
  Transfer of funds from...........  PL 84-885 Sec 8.......        42
  U.S. participation in United
   Nations
    Appropriations authorization...  PL 79-264 Sec 8.......      2218
  Under Secretaries of State.......  PL 84-885 Sec 1(b)....        33
  United States National Authority
    Designation....................  EO 13128 Sec 1........      1793
  Women
    Sexual harassment..............  PL 102-138 Sec 194....       323
                                     PL 101-246 Sec 155....       363
  Women's human rights
    Promotion of...................  PL 103-236 Sec 142....       230
State, Department of Appropriations
 Act, 1988
  General provisions...............  PL 100-202 Title III..       585
State, Secretary of
  (see also Foreign Service)
  (see also State, Department of)
  Accountability Review Board......  PL 99-399 Sec 302.....       908
  Approval of foreign                PL 79-291 Sec 8-9.....      2252
   representatives in the United
   States.
  Arms control and disarmament
    International negotiations.....  PL 87-297 Sec 304.....      1555
  Assistant Secretaries............  PL 84-885 Sec 1(c)....        33
  Authorities......................  PL 84-885 Sec 3-4.....        38
                                     PL 84-885 Sec 203.....        83
  Authorities and activities
    Office of Children's Issues....  PL 106-113 Sec 201....       139
  Authority to delegate and          PL 96-465 Sec 205.....       598
   regulate.
  Buildings
    Authority over.................  PL 69-186 Sec 1.......      1111
                                     PL 69-186 Sec 10......      1117
  Coordinator for Counterterrorism.  PL 84-885 Sec 1(e)....        35
  Crimes of violence against U.S.
   citizens abroad
    Providing information on.......  PL 105-107 Sec 307....       959
  Democracy, Human Rights, and       PL 84-885 Sec 1(c)(2).        34
   Labor.
  Diplomatic immunity
    Report to Congress.............  PL 84-885 Sec 56......        80
                                     PL 84-885 Sec 204B....        87
  Diplomatic Security Service......  PL 99-399 Sec 201.....       905
  Duties and responsibilities......  RS Sec 202-203........        29
  Educational and cultural exchange  RP 53-8 Sec 2.........      1341
    Program authority..............  EO 11034 Sec 1........      1383
  Educational and cultural exchange
   programs
    Interagency coordination.......  EO 11034 Sec 6........      1385
    National security measures.....  PL 80-402 Sec 1012....      1248
  Establishment of.................  RS Sec 199............        29
  Foreign affairs agencies
    Reorganization authority.......  PL 105-277 Sec 1611...       768
  Foreign assistance programs
    Coordination and oversight.....  PL 105-277 Sec 1523...       765
  Foreign Service Star
    Recommendation for the awarding  PL 84-885 Sec 36A.....        63
     of.
  Foreign terrorist organizations
    Designation of.................  PL 82-414 Sec 219.....      1156
  Gifts (foreign)
    Approval for use of............  PL 89-673.............      1128
                                     PL 95-105 Sec               1130
                                      515(a)(1).
  Gifts
    Acceptance and disposition of..  PL 84-885 Sec 25......        50
  Government agencies
    Utilizing services, personnel,   PL 87-297 Sec 401.....      1559
     and equipment.
  Importing educational and          EO 12047..............      1453
   cultural materials.
State, Secretary of--Continued
  Inter-American cooperation in
   space, science and technology
    Initiative on..................  PL 99-93 Sec 149......       469
  Intercountry Adoption Act of 2000
    Central Authority designation..  PL 106-279 Sec 101....      2291
  International agreements.........  22 CFR 181.4..........       852
    Prior consultation.............  1 USC 112b(c).........       846
  International criminals
    Information system on..........  PL 105-277 Sec 2214(b)       183
  International postal arrangements
    Responsibilities...............  39 USC 407............       774
  International religious freedom
    Issue briefs on................  PL 105-292 Sec 103(b).      1085
    Prisoner lists.................  PL 105-292 Sec 103(b).      1085
  International religious freedom
   documents
    Internet site on...............  PL 105-292 Sec 103....      1085
  Liaison with RFE/RL, Incorporated  PL 99-93 Sec 305......      1511
  List of Policy and supporting
   positions
    Report to Congress.............  PL 100-204 Sec 184....       420
  Nationals of the People's
   Republic of China
    Enforced departure of..........  EO 12711..............      1204
  Official residence...............  PL 99-93 Sec 130......       463
  Overseas Presence Advisory Panel
    Review of findings.............  PL 106-113 Sec 607....       952
  Passport control
    Determining restricted           22 CFR 51.72..........      1035
     countries.
  Passports........................  44 Stat 887...........      1009
                                     EO 11295..............      1011
  Peaceful settlement of disputes
    U.S. assistance................  EO 10206..............      2246
  Protection of foreign missions
    Transfer of reimbursement        EO 12478..............      2270
     authority.
  Refugee assistance
    Authority over.................  EO 11077 Sec 1........      1151
                                     EO 11077 Sec 3........      1152
    Redelegation of authority......  EO 11077 Sec 2-3......      1152
  Report to Congress
    Summaries of arms control        PL 106-113 Sec 1117...      1574
     negotiations.
  Science and technology agreements
   and activities
    Responsibilities...............  PL 95-426 Sec 504.....       523
  Succession order.................  EO 12343..............       786
  Terrorism-related services
    Control of.....................  PL 84-885 Sec 40......        67
  Transmitting international          1 USC 112b(a)........       846
   agreements.
  Treaties and conventions.........  RS Sec 210............        30
  U.N. Inspector General
    Certification on...............  PL 106-113 Sec 106(c).       133
  Under Secretaries................  PL 84-885 Sec 1(b)....        33
  Under Secretary for Public         PL 105-277 Sec 1313...       753
   Diplomacy.
  United Nations Development
   Program
    Certification to Congress......  PL 106-113 Sec 108(c).       136
Statute of limitations
  Nationality......................  18 USC 3291...........      1054
  Passports........................  18 USC 3291...........      1054
Stock in financial institutions
  (see Capital stock)
Strategic Arms Reduction Talks
 (START)
  Russian Federation
    Nuclear weapons................  PL 102-484 Sec 1321...      1995
Strom Thurmond National Defense      PL 105-261 Sec 1......      1601
 Authorization Act for Fiscal Year
 1999.
Subscriptions in financial
 institutions
  (see Capital stock)
Supporting assistance
  (see Economic Support Fund)
SWAPO (South West Africa People's
 Organization)
  Use of U.S. contribution to        PL 98-164 Sec                484
   United Nations.                    114(a)(4).
Syria-U.S. relations
  Aid deobligation.................  PL 98-164 Sec 1004....       490
  Immigration to the United States
    Sense of Congress..............  PL 106-378 Sec 1......      1166
    Status adjustment..............  PL 106-378 Sec 2......      1166
  Jewish nationals
    Immigration to the United        PL 106-378 Sec 1......      1166
     States.


                                    T

Taiwan
  Access to the World Trade
   Organization
    Findings of Congress...........  PL 105-277 Sec 2808...       204
  Democratization of
    Sense of Congress..............  PL 99-93 Sec 806......       472
Taiwan Relations Act...............  PL 96-8...............      2119
  Appropriations authorization.....  PL 96-8 Sec 16........      2127
  Congressional oversight..........  PL 96-8 Sec 14........      2127
  Reporting requirements...........  PL 96-8 Sec 12........      2126
  Rules and regulations governing..  PL 96-8 Sec 13........      2127
Taiwan-U.S. relations
  American Institute of Taiwan.....  PL 96-8 Sec 6.........      2123
  Cabinet-level visits
    Sense of Congress..............  PL 103-236 Sec 508....       249
  Democratization..................  PL 100-204 Sec 1246...       452
  International agreements.........  PL 96-8 Sec 4.........      2120
  International organizations
    U.S. support for...............  PL 106-113 Sec 704....       155
  Law application..................  PL 96-8 Sec 4.........      2120
  Officials from Taiwan
    Admission to the United States.  PL 103-416............      1193
  Overseas Private Investment
   Corporation
    Loan criteria..................  PL 96-8 Sec 5.........      2122
  Policy declaration...............  PL 96-8 Sec 2.........      2119
  Policy implementation............  PL 96-8 Sec 3.........      2120
  Taiwan instrumentality...........  PL 96-8 Sec 10........      2124
  Taiwan Relations Act
    Sense of Congress..............  PL 103-236 Sec 531....       265
  U.S. policy toward
    Sense of Congress..............  PL 102-138 Sec 358....       333
  Unofficial relations.............  EO 13014..............      2131
Taiwanese-Americans
  Place of birth information.......  PL 103-236 Sec 132....       226
Taxation (U.S.)
  International organizations......  PL 79-291 Sec 3-6.....      2250
  Of hostages (U.S.)...............  PL 96-449 Sec 201.....      1000
Technical assistance
  (see also Peace Corps)
  East-West Center.................  PL 86-472 Sec 702.....      1439
  Foreign participants in
    Compensation for...............  PL 84-885 Sec 12......        43
  Status of specialists............  PL 80-402 Sec 302-303.      1224
  USIA.............................  PL 80-402 Sec 301-303.      1224
Technology
  Missile production
    Control of.....................  PL 101-510 Sec 1701...      2009
Technology transfer
  Japanese government investigation
   of
    Report to Congress.............  PL 100-204 Sec 1251...       453
  Missile Technology Control Regime  PL 101-510 Sec 1701...      2009
  Norwegian government
   investigation of
    Report to Congress.............  PL 100-204 Sec 1251...       453
Telecommunications Geography and     PL 97-241 Sec 120.....       504
 History.
Telecommunications, International
  U.S. policy reaffirmation........  PL 105-277 Sec 2218...       184
Television Broadcasting to Cuba Act  PL 101-246 Sec 241....      1522
  LIBERTAD Act of 1996.............  PL 101-246 Note.......      1521
Territorial seas
  (see Sea law)
Terrorism
  Achille Lauro
    Punishment of hijackers........  PL 99-177.............       989
  Acts against U.S. citizens abroad  18 USC 2332b..........       884
  Africa
    Antiterrorism training.........  PL 101-113 Sec 609....       957
  Against U.S. persons or property
    Assisting foreign countries....  PL 104-93 Sec 310.....       978
    Reward for information on......  PL 84-885 Sec 36(b)...        60
  Annual country report on
    Report to Congress.............  PL 100-204 Sec 140....       407
  Anti-Terrorism Act of 1987.......  PL 100-204 Sec 1001...       986
  Antiterrorism assistance.........  PL 104-132 Sec 328....       965
  Attack survivors
    Study of compensation..........  PL 106-113 Sec 340....       154
  Biological weapons
    Protection against.............  18 USC 175............       981
  Biological weapons restrictions
    Findings of Congress...........  PL 104-132 Sec 501....       967
  Captives
    Benefits for...................  PL 99-399 Sec 803-806.       922
  Chemical weapons restrictions
    Findings of Congress...........  PL 104-132 Sec 501....       967
  Counterterrorism technology
    Research and development.......  PL 104-132 Sec 821....       976
  Countries supporting
    Financial transactions with....  18 USC 2332d..........       887
    Report on assets in the United   PL 102-138 Sec 304....       329
     States.
  Court judgments
    Payment by Secretary of the      PL 106-386 Sec 2002...      1075
     Treasury.
  Foreign ports
    Travel advisories..............  PL 99-399 Sec 908.....       936
  Foreign Service buildings
    Crowe panels...................  PL 101-113 Sec 602(6).       951
    Findings of Congress...........  PL 101-113 Sec 602....       951
  Foreign terrorist organizations
    Designation....................  PL 82-414 Sec 219.....      1156
  Honduras
    Bombing of U.S. soldiers.......  PL 100-204 Sec 1213...       440
  International
    Activities defined.............  PL 95-511 Sec 101(c)..       788
    Assistance to victims..........  PL 106-386 Sec 2003(c)       948
    Convention to prevent and        PL 99-399 Sec 1201....       939
     control.
    Cooperation to combat..........  PL 99-399 Sec 701.....       920
    Defined........................  18 USC 2331...........       881
    Findings of Congress...........  PL 104-132 Sec 324....       964
    Fundraising prohibition........  PL 104-132 Sec 301....       963
    Report to Congress.............  PL 99-399 Sec 705.....       922
    Sense of Congress..............  PL 104-132 Sec 301....       963
    Sense of the Senate............  PL 104-264 Sec 314....       961
  International Act to Combat, 1984  PL 98-533.............       990
  International Anti-Terrorism
   Committee
    Proposal for...................  PL 99-399 Sec 701.....       920
Terrorism--Continued
  International cooperation........  PL 98-533 Sec 201.....       993
  International nuclear
    Actions to combat..............  PL 99-399 Sec 601.....       919
    Reports to Congress............  PL 99-399 Sec 601.....       919
  Military equipment thefts
    Report to Congress.............  PL 104-132 Sec 503....       968
  Misuse of diplomatic privileges    PL 99-399 Sec 704.....       921
   and immunities for.
  National Terrorist Assets
   Tracking Center
    Appropriations, 2001...........  PL 106-346 Title V....       950
  Nuclear weapons restrictions
    Findings of Congress...........  PL 104-132 Sec 501....       967
                                     PL 104-132 Sec 501....       967
  Office of Foreign Assets Control
    Foreign Assets Tracking Center.  PL 106-346 Title V....       950
  Organizations (foreign)
    Designated as..................  PL 82-414 Sec 219.....      1156
  Passports and visas
    International information        PL 99-399 Sec 702.....       921
     sharing on.
    Place of birth information.....  PL 99-399 Sec 703.....       921
  Prevention of
    Reward for information on......  PL 84-885 Sec 36......        59
  Reward for information on........  PL 99-399 Sec 501.....       918
                                     PL 98-533 Sec 101.....       990
    Protection for persons           PL 84-885 Sec 39......        66
     providing assistance.
  Rewards for information on
    Appropriations authorization...  PL 103-236 Sec 133....       226
  Seaport and shipboard security
    International measures for.....  PL 99-399 Sec 902.....       934
  Secretary of Defense
    Attorney General request for     18 USC 2332e..........       888
     assistance.
  Secretary of State
    Coordinator for                  PL 84-885 Sec 1(e)....        35
     Counterterrorism.
  Self-defense
    International law..............  PL 101-222 Sec 10.....       985
  Ships
    Protecting passengers and crews  PL 99-399 Sec 902.....       934
  Spoils of war Prohibition on       PL 103-236 Sec 553....       268
   transfers.
  State Department
    Travel advisories on...........  PL 99-399 Sec 505.....       919
  Supporting terrorist
   organizations
    Criminal penalties for.........  18 USC 2339B..........       891
  Transcending national boundaries.  18 USC 2332b..........       884
  U.S. citizen in Israel
    Report to Congress.............  PL 106-113 Sec 805....       160
  U.S. citizens abroad
    Acts against...................  18 USC 2331...........       881
    Penalties......................  18 USC 2332...........       882
    Weapons of mass destruction....  18 USC 2332a..........       883
  Victims of
    Compensation...................  PL 99-399 Sec 801.....       922
  Victims outside the United States
    Assistance.....................  PL 106-386 Sec 2003...       947
  Weapons of mass destruction
    Advisory panel assessment......  PL 105-261 Sec 1405...      1722
    Domestic threat and risk         PL 105-261 Sec 1404...      1722
     assessment.
    U.S. response to...............  PL 104-201 Sec 1411...      1734
  World summit on
    Sense of Congress..............  PL 100-204 Sec 1252...       454
Terrorism, international
  Business records access..........  PL 95-511 Sec 502.....       822
Terrorism, international--Continued
  Electronic surveillance..........  PL 95-511 Sec 401-406.       815
Terrorists
  Material support to
    Criminal penalties for           18 USC 2339A..........       890
     providing.
Textile agreements, Committee for    EO 11651..............       861
 the Implementation of.
Thailand-U.S. relations
  Sense of Congress................  PL 103-236 Sec 515....       253
Threshold Test Ban Treaty
  Soviet Union compliance
    Report to Congress.............  PL 100-180 Sec 903....      2033
Tibet
  Human rights violations by China.  PL 100-204 Sec 1243...       448
Tibet-China relations
  U.S. policy toward...............  PL 101-246 Sec 901....       383
Tibet-U.S. relations
  Educational and cultural exchange  PL 106-113 Sec 401....      1252
                                     PL 103-236 Sec 236....      1271
    Appropriations authorization...  PL 106-113 Sec               128
                                      104(a)(1)(B).
  Educational and cultural exchange
   programs
    Establishment of...............  PL 104-319 Sec 103(a).      1264
    Scholarships...................  PL 104-319 Sec 103(b).      1264
  Educational and cultural
   exchanges
    Appropriations authorization...  PL 105-277 Sec              1259
                                      2401(3)(B).
  Refugees in India and Nepal
    Assistance authorization, 1998-  PL 105-277 Sec               188
     1999.                            2231(a)(2).
    Assistance authorization, 2000-  PL 106-113 Sec               128
     2001.                            103(2)(A).
  Report to Congress...............  PL 103-236 Sec 536....       267
  Students
    USIA scholarships for..........  PL 106-113 Sec 401....      1252
                                     PL 101-246 Sec 225....      1296
  USIA office in...................  PL 103-236 Sec 221....      1268
Tin
  International council
    U.S. contribution..............  PL 95-426 Sec 704.....       531
Tonkin Gulf Resolution.............  PL 88-408.............      2095
  Repealed.........................  PL 88-408 Note........      2096
Tort claims
  (see Claims)
Torture
  Definitions and criminal           18 USC 2340-2340B.....       895
   penalties.
Torture Victim Protection Act of     PL 102-256............       979
 1991.
Trade
  (see also Imports, Exports)
  Arms
    (see Arms sales)
  Discriminatory policy (U.S.).....  PL 95-426 Sec 606.....       527
Trade agreements
  Textiles
    Committee for..................  EO 11651..............       861
Trading with the Enemy Act
  Presidential authorities.........  PL 103-236 Sec               259
                                      525(b)(2).
Trafficking
  Protection Project
    Appropriations, 2001...........  PL 106-554 Sec 601....      1334
Trafficking in persons
  Actions against significant        PL 106-386 Sec 111....      1070
   persons.
  Children
    Findings of Congress...........  PL 106-386 Sec 101(b).      1055
  Eliminating
    Minimum standards for..........  PL 106-386 Sec 108....      1066
  Interagency Task Force to Monitor  PL 106-386 Sec 105....      1060
   and Combat.
  Minimum standards for eliminating
    Foreign aid withholding........  PL 106-386 Sec 110....      1069
    Governments failing to meet....  PL 106-386 Sec 110....      1067
Trafficking in persons--Continued
  Prevention of....................  PL 106-386 Sec 106....      1061
  Protection and assistance
    Report to Congress.............  PL 106-386 Sec              1065
                                      107(b)(1)(D).
  Protection Project
    Appropriations, 2001...........  PL 106-554 Sec 601....      1334
  Strengthening prosecution and      PL 106-386 Sec 112....      1072
   punishment.
  Victims
    Protection and assistance......  PL 106-386 Sec 107....      1062
                                     PL 106-386 Sec 107(a)-      1062
                                      (b).
  Women
    Findings of Congress...........  PL 106-386 Sec 101(b).      1055
Trafficking Victims Protection Act   PL 106-386 Sec 101....      1055
 of 2000.
  Appropriations authorization,      PL 106-386 Sec 113....      1075
   2001-2002.
  Definitions......................  PL 106-386 Sec 103....      1058
  Findings of Congress.............  PL 106-386 Sec 101(b).      1055
  Purpose..........................  PL 106-386 Sec 101(a).      1055
  Severe forms of trafficking......  PL 106-386 Sec 103(8).      1060
Training
  (see Educational and cultural
   exchange)
  (see Foreign Service Institute)
  (see Language training)
Transportation, Department of
  Department of Transportation and   PL 106-346............       950
   Related Agencies Appropriations,
   2001.
Travel
  Foreign citizens in the United     PL 95-426 Sec 126.....       520
   States.
Travel abroad
  (see Passports)
Travel control
  (see Immigration)
  (see Passports)
  (see Visas)
Travel Document and Issuance System  PL 94-141 Sec 102.....       548
Travel documents
  (see Passports)
  (see Visas)
Treasury, Department of
  Intelligence responsibilities....  EO 12333 Sec 1.10.....       830
Treaty of Peace between the Arab     PL 97-132 Sec 8.......      2091
 Republic and Egypt and the State
 of Israel.
Treaty on Conventional Armed Forces
 in Europe
  Sense of Congress................  PL 105-277 Sec 2704...      2101
Treaty on the Non-Proliferation of
 Nuclear Weapons
  North Korea
    Findings of Congress...........  PL 103-160 Sec 1613(a)      1991
    Statements by Congress.........  PL 103-160 Sec 1613(b)      1992
  Russia-U.S. relations............  PL 102-484 Sec 1321...      1995
Treaty power
  Legislation implementing.........  PL 93-148 Sec 8.......      2061
Tripartite Agreement
  Reports to Congress..............  PL 101-246 Sec 417....       374
Trust Territory of the Pacific
 Islands
  Foreign Service training.........  PL 96-465 Sec 701(c)..       633
Turkey-U.S. relations
  Turkish refugees
    Appropriations authorization,    PL 101-246 Sec 704(c).       378
     1990-1991.


                                    U

Uganda-U.S. relations
  Human rights.....................  PL 95-426 Sec 610.....       529
Ukraine
  Cooperative Threat Reduction
   programs
    Allocation of funds............  PL 106-398 Sec 1302...      1587
                                     PL 106-65 Sec 1302....      1596
                                     PL 105-261 Sec 1302...      1602
                                     PL 105-85 Sec 1402....      1610
Ukraine Famine, Commission on
  Appropriations authorization,      PL 101-246 Sec 404....       368
   1990-1991.
Ukraine-U.S. relations
  Business administration training
   programs
    Appropriations authorization...  PL 106-113 Sec 426....      1257
    Establishing...................  PL 106-113 Sec 421....      1255
  Independence
    Sense of the Senate............  PL 102-229 Sec 204....      1666
Ukrainian Museum and Archives
  USIA TV program
    ``Window on America''..........  PL 105-373 Sec 1......      1340
UNESCO
  Activities of
    Report to Congress.............  PL 102-138 Sec 170....       319
  Control over dissemination of      PL 97-241 Sec 108.....       501
   news.
  Restriction on U.S. contribution   PL 97-241 Sec 109.....       502
   to.
  U.S. contributions to............  PL 94-350 Sec 103.....       544
  U.S. policy on...................  PL 101-246 Sec 408....       370
    Report to Congress.............  PL 101-246 Sec 408....       370
UNICEF
  Appropriations authorization,
   2000-2001
    Limitations on.................  PL 106-113 Sec               136
                                      108(b)(4).
Union of Soviet Socialist Republics
 (USSR)
  (see Soviet Union)
United Arab Republic
  (see Egypt)
United Nations
  Amounts owed to the United States
    Forgiveness....................  PL 106-113 Sec 913....      2227
  Annual assessment
    Appropriations, 2001...........  PL 106-553 Title IV...       562
  Arrearages to
    Appropriations authorization...  PL 106-113 Sec 911....      2225
    Obligation and expenditure of    PL 106-113 Sec 912....      2226
     funds.
  Assessments for peacekeeping
   operations
    Limitations on.................  PL 106-113 Sec 931....      2229
  Assessments reform
    Certification requirements.....  PL 106-113 Sec 931....      2229
  Budget and personnel reform
    Certification requirements.....  PL 106-113 Sec 941....      2230
  Budget decision-making procedures
    Reform in......................  PL 103-236 Sec 409....       240
                                     PL 100-204 Sec 702....       424
  Charter
    (see subheadings under United
     Nations)
    Article 100....................  PL 103-236 Sec 414....       243
  Conference on Science and          PL 95-105 Sec 507.....       539
   Technology for Development.
  Contributions by member nations
    Assessment scale reforms.......  PL 95-105 Sec 503(6)..       539
  Countries supporting U.S.          PL 101-246 Sec 406....       368
   policies.
  Employees
    Exemptions to hiring freeze....  PL 100-204 Sec 701....       421
    Returning salaries to            PL 99-93 Sec 151......       469
     respective governments.
    U.S. responsibilities for......  PL 84-885 Sec 209A....        94
  Environment Fund
    U.S. contribution to...........  PL 93-188.............      2245
United Nations--Continued
  FAO (Food and Agricultural
   Organization)
    Reforms in.....................  PL 103-236 Sec 413....       242
  Finances
    Contributions from U.N.          PL 95-105 Sec 503(3)..       539
     regulated commerce, services
     and resources.
  Foreign relations authorization
   acts
    Provision in...................  Note..................      2242
  General Assembly
    Weighted voting reforms........  PL 95-105 Sec 503(1)..       538
  General Assembly Resolution 32/40/ PL 95-426 Sec 614.....       531
   B.
  General Assembly Resolution 33/79
    Implementation of..............  PL 98-164 Sec                485
                                      114(a)(6).
    U.S. opposition to.............  PL 101-246 Sec 416....       373
  General Assembly Resolution 3376   PL 95-426 Sec 614.....       531
   (XXX).
  General Assembly Resolution 40/
   108
    Implementation of..............  PL 102-138 Sec 192....       322
  General Assembly Resolution 46/    PL 103-236 Sec 504....       248
   36L.
  Global problems
    Improving effectiveness in       PL 95-105 Sec 503.....       538
     resolving.
  Goods and services provided by
   the United States
    Reimbursement for..............  PL 79-264 Sec 10......      2221
  Headquarters
    Negotiations for locating......  PL 80-357.............      2235
  Headquarters agreement
    Legal capacity.................  PL 80-357.............      2235
  Human rights activities
    Increased involvement in.......  PL 95-105 Sec 503(4)..       539
  Inspector General
    Certification by Secretary of    PL 106-113 Sec 106(c).       133
     State.
  International Court of Justice
    Making greater use of..........  PL 95-105 Sec 503(2)..       539
  Israel-Palestine relations
    Policy on certain groups.......  PL 106-113 Sec 721....       157
  Israeli expulsion from
    U.S. reaction..................  PL 98-164 Sec 115.....       485
  Management of
    U.S. participation.............  PL 103-236 Sec 402....       238
  Member countries
    Voting practices...............  PL 101-246 Sec 406....       368
  Middle East peace conference
    U.S. opposition to.............  PL 101-246 Sec 416....       373
  Middle East peacekeeping forces
    U.S. financial support.........  PL 94-37..............      2243
  Missing in action in Indochina
    Accounting for.................  PL 94-141 Sec 503.....       549
  Multinational forces
    Reports to Congress............  PL 79-264 Sec 4(d)(4).      2211
  Mutual defense
    Special agreements.............  PL 79-264 Sec 6.......      2216
    U.S. role in...................  PL 93-148 Sec 8.......      2061
  Office of Internal Oversight
   Services
    Establishing...................  PL 103-236 Sec 401(b).       237
  Palestine Liberation Organization
    Membership in U.N. agencies....  PL 101-246 Sec 414....       373
  Payment of assessed contributions
    Report to Congress.............  PL 103-236 Sec 409(d).       241
  Peace operations
    Reform of......................  PL 103-337 Sec 1401...      1630
    Report to Congress.............  PL 103-337 Sec 1401...      1630
  Peaceful settlement of disputes
    U.S. assistance................  EO 10206..............      2246
United Nations--Continued
  Peacekeeping activities
    Appropriations authorization,    PL 102-311 Sec 2......       342
     1992-1993.
  Peacekeeping forces
    Middle East....................  PL 94-37..............      2243
  Peacekeeping missions
    Funding prohibition............  PL 106-553 Sec 609....       567
  Peacekeeping operations
    Assessed contributions or......  PL 103-236 Sec 404....       239
    Bosnia-Herzegovina.............  PL 103-337 Sec 1402...      1630
    DOD funding for................  PL 103-236 Sec 403....       239
    Report to Congress.............  PL 102-138 Sec 175(b).       320
                                     PL 103-337 Sec 1402...      1630
    Support for....................  PL 102-138 Sec 175....       320
    U.S. personnel.................  PL 103-236 Sec 405....       240
  Privileges and immunities........  PL 80-357.............      2235
  Reform of
    Annual report to Congress......  PL 79-264 Sec 4(d)(3).      2211
    Commission to improve..........  PL 100-204 Sec 721....       425
  Reforms
    U.S. initiatives...............  PL 95-105 Sec 503.....       538
  Register of Conventional Arms....  PL 103-236 Sec 504....       248
  Security Council
    Membership.....................  PL 103-236 Sec 411....       241
    Military agreements............  PL 79-264 Sec 6.......      2216
    Modifying veto powers..........  PL 95-105 Sec 503(1)..       538
  Settling disputes
    Establishing better methods for  PL 95-105 Sec 503(5)..       539
  Sovereignty of the United States
    Certification requirements.....  PL 106-113 Sec 921....      2228
  Special Commission on Iraq
    Extension of                     PL 105-261 Sec 1531...      1938
     counterproliferation
     authorities.
  Tonkin Gulf Resolution...........  PL 88-408.............      2095
  U.S. contribution to
    Limitations on.................  PL 98-164 Sec 113.....       483
                                     PL 92-544.............      2240
    Palestine Liberation             PL 98-164 Sec                484
     Organization use of.             114(a)(4).
    Political benefits for the PLO.  PL 97-241 Sec 104.....       500
    SWAPO use of...................  PL 98-164 Sec                484
                                      114(a)(4).
  U.S. contributions to
    Limitations on.................  PL 103-236 Sec 410....       241
  U.S. participation in............  PL 80-402 Sec 3.......      1222
    (see also United Nations
     Participation Act of 1945)
    Review of......................  PL 98-164 Sec 116.....       486
  UNICEF
    Child health activities........  PL 98-198.............      2316
  UNIDO
    Payments prohibition...........  PL 106-113 Sec 952....      2234
  United States Commission on
   Improving the Effectiveness of
    Establishment of...............  PL 100-204 Sec 721-730       425
  Visas
    Denial to certain                PL 101-246 Sec 407....       370
     representatives.
  War Crimes Commission files
    Public access to...............  PL 100-204 Sec 706....       424
  Withholding of assessed
   contributions
    Presidential certification.....  PL 103-236 Sec 401(b).       237
  Withholding of assessed            PL 103-236 Sec 401(a).       237
   contributions, FY 1994-1995.
  World Assembly on Aging..........  PL 98-164 Sec 119.....       487
  World Health Organization
    Reforms in.....................  PL 103-236 Sec 412....       242
  World Tourism Organization
    Payments prohibition...........  PL 106-113 Sec 952....      2234
United Nations--Continued
  Zionism
    U.S. response to...............  G.A. Res 3379 Note....      2244
    U.S. response to General         PL 98-164 Sec                485
     Assembly Resolution 33/79.       114(a)(6).
United Nations Conference on
 Environment and Development
 (UNCED)
  U.S. support for.................  PL 102-138 Sec 364....       336
United Nations Conference on         PL 95-426 Sec 103.....       515
 Science and Technology for
 Development.
United Nations Decade for Women
  1985 conference on...............  PL 98-164 Sec 118.....       487
United Nations Development Program
  Certification to Congress........  PL 106-113 Sec 108(c).       136
  Coordinating technical assistance  PL 95-105 Sec 503(7)..       539
   activities.
  Voluntary contributions
    Limitations on.................  PL 105-277 Sec 2106...       178
United Nations Educational,
 Scientific and Cultural
 Organization
  (see UNESCO)
United Nations Emergency Force
  Middle East......................  PL 85-7 Sec 4.........      2086
United Nations Environment Program   PL 93-188.............      2245
 Participation Act of 1973.
United Nations Fund for Population
 Activities (UNFPA)
  Availability of funds
    Conditions for.................  PL 106-113 Sec               137
                                      108(d)(3).
  Contribution to
    Limitations on.................  PL 106-113 Sec 108(d).       136
United Nations Headquarters          PL 80-357.............      2235
 Agreement Act.
United Nations High Commissioner
 for Refugees
  Audits of U.S. contributions.....  PL 87-510 Sec 8.......      1149
  Guidelines on protecting women...  PL 103-236 Sec 501(e).       247
  U.S. contributions...............  PL 87-510 Sec 2.......      1144
United Nations Interim Force in
 Lebanon (UNIFL)
  Protecting archaeological site at  PL 100-204 Sec 708....       425
   Tyre.
United Nations Monetary and
 Financial Conference
  (see Bretton Woods)
United Nations Participation Act of  PL 79-264.............      2207
 1945.
  Appropriations authorization.....  PL 79-264 Sec 8.......      2218
  Housing allowances...............  PL 79-264 Sec 9.......      2219
  Lodge Commission.................  PL 79-264 Sec 8 fn....      2219
  Military special agreements......  PL 79-264 Sec 6.......      2216
  Reports to Congress..............  PL 79-264 Sec 4.......      2210
  Sanctions........................  PL 79-264 Sec 5.......      2215
  Sanctions against Rhodesia.......  PL 79-264 Sec 5(c)....      2215
  U.S. assistance to...............  PL 79-264 Sec 7.......      2217
  U.S. noncombatant personnel......  PL 79-264 Sec 7.......      2217
  U.S. participation in the ICAO...  PL 84-885 Sec 6.......        42
  U.S. representation..............  PL 79-264 Sec 2-3.....      2221
United Nations Reform Act of 1999..  PL 106-113 Sec 901....      2224
  Definitions......................  PL 106-113 Sec 901....      2224
United Nations Register of
 Conventional Arms
  Sense of Congress................  PL 103-236 Sec 504....       248
United Nations Relief and Works
 Agency
  Promoting burden sharing.........  PL 101-246 Sec 415....       373
United Nations Voluntary Fund for
 Victims of Torture
  Appropriations authorization,      PL 106-113 Sec               135
   2000-2001.                         108(b)(2).
United States Advisory Commission    PL 80-402 Sec 601-603.      1232
 on Educational Exchange.
United States Advisory Commission
 on Educational Exchange--Continued
                                     PL 87-256 Sec 106(b)..      1362
United States Advisory Commission    PL 80-402 Sec 601-603.      1232
 on Information.
  (see also USIA, advisory
   commissions)
United States Advisory Commission    PL 87-256 Sec 106(b)..      1362
 on International Educational and
 Cultural Affairs.
                                     EO 11034 Sec 7........      1386
United States Advisory Commission    PL 80-402 Sec 604.....      1234
 on Public Diplomacy.
  Members of.......................  PL 101-246 Sec 206....      1293
  Sunset of........................  PL 106-113 Sec 404....      1253
  Sunset provision.................  PL 105-277 Sec 1334...       760
United States Commission on
 Improving the Effectiveness of the
 United Nations
  Establishment of.................  PL 100-204 Sec 721-730       425
  Report to Congress...............  PL 100-204 Sec 726....       428
United States Commission on
 International Religious Freedom
  Appropriations, 2000.............  PL 106-246 Title II...       571
United States Disarmament
 Administration
  Transferred to Arms Control and
   Disarmament Agency
United States Emergency Refugee and
 Migration Assistance Fund
  Establishment of.................  PL 87-510 Sec 2(c)(2).      1147
United States Enrichment             PL 83-703 Title II....      1882
 Corporation.
                                     PL 104-134 Sec 3101...      1885
  Former Soviet Union
    Uranium purchases..............  PL 83-703 Sec 1408....      1870
  Privatization....................  PL 104-134 Sec 3103-        1886
                                      3106.
  Uranium transfers to.............  PL 104-134 Sec 3112(c)      1891
United States Information Agency
  (see USIA)
United States Information and        PL 80-402.............      1219
 Educational Exchange Act of 1948.
  Functions transferred............  RP 53-8 Sec 2.........      1341
United States Institute of Peace
  Appropriations authorization.....  PL 98-525 Sec 1709....       875
  Nominations to the board of......  PL 99-93 Sec 802......       471
  Report to Congress...............  PL 98-525 Sec 1712....       876
United States Institute of Peace     PL 98-525 Sec 1701-          863
 Act, 1985.                           1712.
United States Intelligence           EO 12333..............       824
 Activities.
United States International          PL 103-236 Sec 301....      1475
 Broadcasting Act of 1994.
United States International
 Commission on Religious Freedom
  Appropriations authorization.....  PL 105-292 Sec 207....      1092
  Conduct and disclosure...........  PL 105-292 Sec 208....      1092
  Duties...........................  PL 105-292 Sec 202....      1089
  Established......................  PL 105-292 Sec 201....      1080
  Powers...........................  PL 105-292 Sec 203....      1090
  Report to Congress...............  PL 105-292 Sec 205....      1092
  Termination date.................  PL 105-292 Sec 208....      1094
United States International
 Development Cooperation Agency
  Abolition of.....................  PL 105-277 Sec 1411...       761
  AID and OPIC exemptions..........  PL 105-277 Sec 1411...       761
  AID status.......................  PL 105-277 Sec 1413...       762
  Conforming amendments............  PL 105-277 Sec 1422...       763
  References to Secretary of State.  PL 105-277 Sec 1421...       762
  Transfer of functions............  PL 105-277 Sec 1412...       761
United States International          PL 99-93 Sec 814......       476
 Narcotics Control Commission.
United States missions abroad
  Chancery in Moscow
    Report to Congress.............  PL 102-138 Sec 132....       311
  Closing of
    Appropriations restrictions....  PL 84-885 Sec 48......        77
  Commercial services
    Fees for.......................  PL 84-885 Sec 52......        79
  Employment opportunities for       PL 99-93 Sec 120......       461
   spouses.
  Foreign national employees
    Report to Congress.............  PL 100-204 Sec 159....       413
    Restrictions on................  PL 100-204 Sec 157....       412
    Termination of retirement        PL 100-204 Sec 158....       413
     benefits.
  Hungary
    Findings of Congress...........  PL 100-204 Sec 164....       415
  Injury, death, or property
   destruction
    Accountability Review Board....  PL 99-399 Sec 301.....       906
  Maintenance management...........  PL 102-138 Sec 125....       308
    Appropriations, 2001...........  PL 106-553 Title IV...       561
  Personnel security...............  PL 100-204 Sec 155....       412
  Postal services..................   39 USC 413...........       775
  Promoting freedom of the press...  PL 99-93 Sec 138......       465
  Promoting U.S. business interests  PL 99-93 Sec 137......       465
  Religious activities
    Equal access to................  PL 105-292 Sec 107....      1086
  Security
    Advisory Panel on..............  PL 98-533 Sec 301.....       994
  Security improvements............  PL 99-399 Sec 408.....       916
  Unhealthful posts
    Foreign Service credit.........  PL 96-465 Sec 817.....       673
  United States citizens
    Fascell Fellowships............  PL 99-399 Title X.....      1412
  United States mission in Moscow
    Space requirements.............  PL 102-138 Sec 132....       311
United States National Authority
  Department of State designation..  EO 13128 Sec 1........      1793
United States Proposal for the       PL 94-110.............      2093
 Early-Warning System in Sinai.
United States Senate Caucus on       PL 99-93 Sec 814......       476
 International Narcotics Control.
  Termination of...................  PL 99-93 Sec 814(i)...       478
United States-Asia-Pacific region
 relations
  U.S. policies in.................  PL 106-570 Sec 404(c).       113
United States-European Community
 Interparliamentary Group
  Authorization for................  PL 98-164 Sec 109(c)..       482
United States-India Fund for         EO 12517..............      1436
 Cultural, Educational, and
 Scientific Cooperation.
United States-India Fund for         PL 98-164 Sec 901.....      1434
 Cultural, Educational, and
 Scientific Cooperation Act.
United States-Macau Policy Act of    PL 106-570 Sec 201....       109
 2000.
  Definitions......................  PL 106-570 Sec 205....       111
United States-People's Republic of   PL 104-201 Sec 1307...      1962
 China-Joint Defense Conversion
 Commission.
Universal Postal Convention
  U.S. participation in............   39 USC 417...........       775
Uranium
  Enrichment Oversight Committee...  EO 13085..............      1893
  Highly enriched
    Purchase from Former Soviet      PL 83-703 Sec 1408....      1870
     Union.
Uranium fuel
  Exports or transfer by the United  PL 96-280.............      1814
   States.
USEC
  Enrichment Oversight Committee
    Establishment of...............  EO 13085..............      1893
USEC Privatization Act.............  PL 104-134 Sec 3101...      1885
  Definitions......................  PL 104-134 Sec 3102...      1885
USIA (International Communication
 Agency)
  (see also Foreign Service
   Information Officers)
  Abolition of.....................  PL 105-277 Sec 1311...       753
  Administration...................  PL 80-402 Sec 801-805.      1237
    Delegation of authority........  PL 80-402 Sec 1002....      1245
  Advisory commissions
    Reports to Congress............  PL 80-402 Sec 603.....      1233
  Afghanistan
    Programming on.................  PL 100-204 Sec 206....      1300
  Afghanistan activities
    Report to Congress.............  PL 101-246 Sec 211....      1293
  American Studies Collections.....  PL 103-236 Sec 235....      1270
    Appropriations authorization,    PL 103-236 Sec              1268
     1994-1995.                       201(b)(3).
                                     PL 103-236 Sec              1267
                                      201(a)(2)(B).
  Appropriations authorization, FY   PL 95-426 Sec 201.....      1323
   1979.
  Appropriations authorization,      PL 100-204 Sec 201....      1299
   1988-1989.
  Appropriations authorization,      PL 101-246 Sec 201....      1291
   1990-1991.
  Arts America
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Auditors
    Increase of....................  PL 98-164 Sec 204.....      1313
  Authorization of appropriations,   PL 94-350 Sec 201.....      1328
   FY 1977.
  Authorization of appropriations,   PL 95-105 Sec 201.....      1326
   FY 1978.
  Authorization of appropriations,   PL 97-241 Sec 302.....      1317
   FY 1982-1983.
  Authorization of appropriations,   PL 98-164 Sec 202.....      1312
   FY 1984-1985.
  Authorization of appropriations,   PL 96-60 Sec 202......      1321
   FYs 1980 and 1981.
  Authorization of appropriations,   PL 102-138 Sec 201....      1279
   1992-1993.
  Authorization of appropriations,   PL 103-236 Sec 201....      1266
   1994-1995.
  Authorization, fiscal years 1986-  PL 99-93 Sec 201......      1309
   1987.
  Broadcasting to Africa
    Study of.......................  PL 105-277 Sec 2416...      1261
  Broadcasting to China
    Appropriations authorization,    PL 105-261 Sec 3902(b)      1519
     FY 1999.
  Broadcasts
    Satellite and television.......  PL 80-402 Sec 505.....      1230
  Budapest World's Fair U.S.
   participation
    Appropriations authorization,    PL 103-236 Sec              1268
     1995.                            201(b)(1).
  Bureau of Broadcasting
    Appropriations authorization,    PL 102-138 Sec 231....      1502
     1992-1993.
  Bureau of Education and Cultural
   Affairs
    Appropriations authorization...  PL 102-138 Sec 221....      1284
    Appropriations authorization,    PL 101-246 Sec 221....      1295
     1990-1991.
  Bureau of Educational and
   Cultural Affairs
    Appropriations authorization,    PL 100-204 Sec 301....      1303
     1988-1989.
    Established....................  PL 87-256 Sec 112.....      1366
  Burmese students
    Scholarships for...............  PL 106-113 Sec 401....      1252
                                     PL 101-246 Sec 225....      1296
USIA (International Communication
 Agency)--Continued
  Cambodian Scholarships
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Cambodian students
    Scholarships for...............  PL 103-236 Sec 238....      1272
  Caribbean
    Scholarship program for          PL 100-204 Sec 216....      1302
     studying.
  Center for Cultural and Technical
   Interchange between East and
   West.
    Authorization, 1990-1991.......  PL 101-246 Sec 201....      1292
    Authorization, 1992-1993.......  PL 102-138 Sec              1280
                                      201(a)(4).
    Authorization, 1994-1995.......  PL 103-236 Sec              1267
                                      201(a)(6).
  Citizen Exchange Program
    Appropriations authorization...  PL 102-138 Sec 221(5).      1285
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Compensation for death or          PL 80-402 Sec 809.....      1242
   disability.
  Congress-Bundestag Program
    Appropriations authorization...  PL 102-138 Sec 221(5).      1285
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Demonstration centers abroad.....  PL 80-402 Sec 203.....      1223
  Director
    Au pair programs...............  PL 104-72 Sec 1(c)....      1338
    Au pair programs extension.....  PL 104-72 Sec 1.......      1338
  Director of
    Authority available............  EO 10477..............      1351
    Educational and cultural         EO 11034 Sec 1-2......      1383
     exchange.
    Redelegation of authority......  EO 12048 Sec 2........      1350
  Disability matters
    Educational and cultural         PL 103-236 Sec 242....      1273
     exchange.
  Domestic activities
    Prohibition on.................  PL 99-93 Sec 208......       209
  Drug control
    International information        PL 101-246 Sec 210....      1293
     network on.
  East Europe Training Projects
    Appropriations authorization...  PL 102-138 Sec 221(5).      1285
  East Timorese scholarships
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Educational and cultural affairs.  PL 102-138 Title II...      1279
                                     PL 101-246 Title II...      1291
                                     PL 100-204 Title III..      1303
    Appropriations authorization,    PL 101-246 Title II...      1291
     1990-1991.
  Educational and cultural exchange
    African participation..........  PL 103-236 Sec 239....      1272
  Educational and cultural exchange
   programs
    Appropriations authorization...  PL 105-277 Sec 2401...      1258
                                     PL 102-138 Sec 226....      1286
    Enhancement of.................  PL 102-138 Sec 226....      1286
  Educational materials exchanged..  PL 80-402 Sec 202.....      1223
  Engineering services
    Prohibition against............  PL 80-402 Sec 403.....      1226
  Environment and Sustainable        PL 103-236 Sec 240....      1272
   Development Exchange Program.
    Authorizations, 1994-1995......  PL 103-236 Sec              1268
                                      201(b)(2)(B).
  Exchange-of-persons program......  PL 97-241 Sec 305.....      1318
  Extraterritorial dissemination...  PL 80-402 Sec 501.....      1227
  Facilities abroad................  PL 69-186 Sec 4.......      1112
  Facilities in Soweto, South
   Africa
    Replacement of.................  PL 95-105 Sec 203.....      1327
  Fees received
    Use of.........................  PL 80-402 Sec 810.....      1243
USIA (International Communication
 Agency)--Continued
  Films distributed within the       PL 80-402 Note........      1228
   United States.
                                     PL 100-204 Sec 214....      1301
  Films for use by the John          PL 95-105 Sec 205.....      1327
   Fitzgerald Kennedy Library.
  Functions transferred to           PL 105-277 Sec 1312...       753
   Secretary of State.
  Funds
    Sources of.....................  PL 80-402 Sec 901-902.      1244
    Transferred to other U.S.        PL 80-402 Sec 702.....      1236
     agencies.
  German-U.S. teenage exchange       PL 98-164 Sec 211.....      1316
   program.
  Government property
    Use of.........................  PL 80-402 Sec 803.....      1239
  Humphrey Fellowship Program
    Sense of Congress..............  PL 101-246 Sec 226....      1296
  Importing educational and          PL 89-634.............      1449
   cultural materials.
                                     EO 11311..............      1451
  Indiana University Libraries
    ``Window on America''            PL 105-373 Sec 1......      1340
     television program.
  Information disclosure
    Restrictions on................  PL 80-402 Sec 1003....      1245
  Information disseminated.........  PL 80-402 Sec 501.....      1227
  Informational media guaranties...  PL 80-402 Sec 1011....      1246
  Inspector General
    Appropriations authorization...  PL 99-399 Sec 412.....       917
    Functions transferred to         PL 105-277 Sec 1314(E)       754
     Secretary of State.
  Institute for Representative
   Government
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Interagency Working Group on U.S.  EO 13055..............      1347
   Government-Sponsored
   International Exchanges &
   Training.
                                     PL 87-256 Sec 112(g)..      1368
  International broadcasting
   activities
    Appropriations authorization...  PL 105-277 Sec 2401(4)      1259
  International Broadcasting Bureau  PL 103-236 Sec 307....      1482
  International Communication        PL 96-60 Title II.....      1321
   Agency Authorization Act, Fiscal
   Years 1980 and 1981.
  International exchange of books..  PL 80-402 Sec 202.....      1223
  International informational
   activities
    Appropriations authorization...  PL 105-277 Sec 2401...      1258
  International Visitors Program
    Appropriations authorization...  PL 102-138 Sec 221(4).      1285
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  International Youth Year.........  PL 98-164 Sec 208.....      1315
  Israel Arab Scholarship Program
    Scholarships for...............  PL 102-138 Sec 214....      1283
  Israeli-Arab Scholarship Program
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Laos
    Establishing office in.........  PL 102-138 Sec 216....      1284
  Laws
    Application to functions         PL 105-277 Sec 1331...       759
     transferred to Department of
     State.
  Legal provisions
    Continued in effect............  PL 105-277 Sec 1327...      1496
  Lobbying
    Grantees prohibited from.......  PL 98-164 Sec 209.....      1315
  Materials distributed within the   PL 103-236 Sec 234....      1270
   United States.
USIA (International Communication
 Agency)--Continued
  Military photographs
    Availability of................  PL 100-204 Sec 215....      1302
  Mission defined..................  PL 95-426 Sec 202.....      1323
  Monopolizing a medium
    Prohibition against............  PL 80-402 Sec 502.....      1229
  National Endowment for Democracy
    Appropriations authorization,    PL 101-246 Sec 201....      1291
     1990-1991.
    Appropriations authorization,    PL 102-138 Sec              1280
     1992-1993.                       201(a)(3).
    Appropriations authorization,    PL 103-236 Sec              1268
     1994-1995.                       201(a)(7).
    GAO report to Congress.........  PL 101-246 Sec 212....      1294
    Grant to.......................  PL 100-204 Sec 210....      1301
  Near and Middle East
    Graduate study assistance......  PL 102-138 Sec 228....      1289
  Near and Middle East Programs
    Appropriations authorization...  PL 102-138 Sec 221(7).      1285
  Objectives.......................  PL 80-402 Sec 2.......      1222
  Office of the Inspector General
    Abolition of...................  PL 105-277 Sec 1314...       754
    Appropriations authorization...  PL 103-236 Sec              1267
                                      201(a)(5).
  Posts abroad
    Closing of.....................  PL 80-402 Sec 812.....      1243
  Posts and personnel overseas
    Personnel reductions...........  PL 100-204 Sec 206....      1300
  Private enterprise...............  PL 80-402 Sec 403.....      1226
                                     PL 80-402 Sec 502.....      1229
                                     PL 80-402 Sec 1005....      1245
  Private Sector Program...........  PL 98-164 Sec 207.....      1314
    Private funding................  PL 99-93 Sec 209......       209
  Programming material acquired
    Report to Congress.............  PL 101-246 Sec 213....      1294
  Programs and activities
    Participation in by              PL 101-246 Sec 126....       352
     economically and socially
     disadvantaged.
  Radio broadcasting to Asia
    Appropriations authorization...  PL 105-277 Sec 2401(6)      1259
  Radio Broadcasting to Cuba Act
    Appropriations authorization...  PL 105-277 Sec 2401(7)      1260
    Appropriations authorization,    PL 102-138 Sec 231....      1502
     1992-1993.
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(3).
  Radio construction
    Appropriations authorization...  PL 105-277 Sec 2401(5)      1259
    Appropriations authorization,    PL 105-261 Sec 3902(c)      1519
     FY 1999.
    Appropriations authorization,    PL 102-138 Sec 231....      1502
     1992-1993.
  Radio facilities
    Leasing authority..............  PL 80-402 Sec 801(3)..      1237
  Radio Marti and TV Marti
    Advisory Panel on..............  PL 103-121 Title V....      1536
  References to the Secretary of     PL 105-277 Sec 1331...       758
   State.
  Reprogramming of funds...........  PL 80-402 Sec 705.....      1236
  Schomburg Center for Black
   Studies
    Works of Richard Saunders......  PL 102-138 Sec 213....      1283
  South Pacific Exchange Program...  PL 103-236 Sec 241....      1273
  South Pacific Exchanges
    Appropriations authorization,    PL 103-236 Sec              1267
     1994-1995.                       201(a)(2)(B).
  Soviet-American
   Interparliamentary Exchanges
    Appropriations authorization...  PL 102-138 Sec 221(9).      1285
  Status of specialists............  PL 80-402 Sec 302-303.      1224
USIA (International Communication
 Agency)--Continued
  Technical assistance.............  PL 80-402 Sec 301-303.      1224
  Tibet
    Establishing office in.........  PL 103-236 Sec 221....      1268
  Tibetan
    Educational and cultural         PL 103-236 Sec 236....      1271
     exchange.
  Tibetan students
    Scholarships for...............  PL 106-113 Sec 401....      1252
                                     PL 101-246 Sec 225....      1296
  Timorese students
    Scholarships for...............  PL 103-236 Sec 237....      1271
  Transfer of functions to.........  RP 53-8 Sec 2.........      1341
  Travel expenses..................  PL 80-402 Sec 805.....      1242
  Ukrainian Museum and Archives
    ``Window on America''            PL 105-373 Sec 1......      1340
     television program.
  United States Advisory Commission  PL 80-402 Sec 601-603.      1232
   on Educational Exchange.
  United States Advisory Commission  PL 80-402 Sec 601-603.      1232
   on Information.
  United States agencies             PL 80-402 Sec 401-403.      1225
   participating.
  United States Information Agency   PL 97-241 Title III...      1317
   Authorization Act, Fiscal Years
   1982 and 1983.
                                     PL 97-241 Sec 301.....      1317
  United States Information Agency   PL 98-164 Sec 201.....      1312
   Authorization Act, Fiscal Years
   1984 and 1985.
  United States participation in     PL 80-402 Sec 3.......      1222
   United Nations.
  Vietnamese students
    Scholarships for...............  PL 102-138 Sec 229....      1289
  Voice of America.................  PL 100-204 Title IV...      1305
    Appropriations authorization,    PL 100-204 Sec 401....      1305
     1988-1989.
    Facilities modernization         PL 100-204 Sec 403....      1306
     program.
  World University Games
    Appropriations authorization...  PL 102-138 Sec 221(6).      1285
  Worldnet
    Audience survey of programs....  PL 100-204 Sec 209....      1300
    Reprogramming of funds.........  PL 100-204 Sec 208....      1300
  Zorinsky amendment...............  PL 80-402 Sec 501.....      1227


                                    V

Vatican-U.S. relations
  Diplomatic relations between.....  PL 98-164 Sec 134.....       489
Vehicles
  Use at overseas posts............  PL 84-885 Sec 28......        52
Victims of Terrorism Compensation    PL 99-399 Sec 801.....       922
 Act.
Victims of Trafficking and Violence  PL 106-386 Sec 1......       945
 Protection Act of 2000.
Vienna Convention on Diplomatic
 Relations
  Complementing legislation........  PL 95-393.............      2283
Vietnam
  (see also North Vietnam-U.S.
   relations)
  (see also South Vietnam-U.S.
   relations)
  Fulbright Academic Exchange
   Programs
    Appropriations authorization,    PL 106-113 Sec 104(c).       131
     2000-2001.
                                     PL 105-277 Sec              1258
                                      2401(3)(A).
  Indochinese Refugee Resettlement   PL 100-202 Title VIII.      1197
   and Protection Act of 1987.
  Refugees
    Status adjustment of...........  PL 95-145 Sec 101.....      1202
Vietnam Debt Repayment Fund
  Establishment of.................  PL 106-554 Sec 207....      1391
Vietnam Education Foundation
  Board of Directors...............  PL 106-554 Sec 205....      1389
  Fellowship program...............  PL 106-554 Sec 206....      1390
Vietnam Education Foundation Act of  PL 106-554 Sec 201....      1388
 2000.
  Definition of terms..............  PL 106-554 Sec 203....      1388
Vietnam Scholarship Program
  Appropriations authorization.....  PL 102-138 Sec 221(8).      1285
  Appropriations authorization,      PL 103-236 Sec              1268
   1995.                              201(b)(2)(A).
Vietnam War
  (see Indochina War)
Vietnam-U.S. relations
  Aid prohibition..................  PL 95-426 Sec 705.....       532
  Cambodian occupation.............  PL 100-204 Sec 1244...       450
  Diplomatic or consular posts
    Presidential certification.....  PL 105-277 Title VI...       579
  Immigration
    U.S. adjustment status.........  PL 101-167 Sec 599E...      1209
  International fellowship program.  PL 106-554 Sec 201....      1388
  Refugees
    Status eligibility.............  PL 106-113 Sec 255....       148
  Reparations prohibition..........  PL 95-105 Sec 505.....       539
  Report to Congress...............  PL 105-277 Sec 2805...       202
  Sanctions
    Report to Congress.............  PL 103-236 Sec 522....       258
  Students
    USIA scholarships for..........  PL 102-138 Sec 229....      1289
  Vietnam Scholarship Program......  PL 102-138 Sec 221(8).      1285
Visas
  Applications
    Processing fees................  PL 105-277 Sec 409....      1714
    Processing of..................  PL 106-113 Sec 237....       146
  Applications of Cuban nationals
    Processing of..................  PL 100-202 Title VII..      1187
  Automated Visa Lookout System....  PL 103-236 Sec 140(b).       228
                                     PL 102-138 Sec 128....       309
  Denial of
    Report to Congress.............  PL 84-885 Sec 51......        78
  Denial to confiscators of          PL 105-277 Sec 2225...       187
   American's property.
  Denial to foreign nationals        PL 106-113 Sec 801....       158
   involved in forced abortions.
  Haiti
    Denial to certain persons......  PL 105-277 Title VI...       580
  Interstate Identification Index
    Access to......................  PL 103-236 Sec 140(d).       229
  Machine readable
    Surcharge for processing.......  PL 103-236 Sec 140....       228
  National emergency
    Travel controls................  PL 82-414 Sec 215.....      1047
  Northern Ireland aliens
    Training programs in the United  PL 105-319 Sec 2(b)...      1169
     States.
  Offices..........................  PL 82-414 Sec 104(c)..      1155
  Taiwan officials
    Admission to the United States.  PL 103-416............      1193
Visitors, International Program....  PL 87-256 Sec               1366
                                      112(a)(3).
  Authorization, 1984-1985.........  PL 98-164 Sec 206.....      1314
Visual and auditory materials
  (see Educational and cultural
   exchange, importing materials)
Voice of America
  Africa Division
    Availability of certain          PL 106-309 Sec 407....      1491
     materials.
  Authorization of appropriations,   PL 101-246 Sec 231....      1296
   1990-1991.
Voice of America--Continued
  Broadcasting information about     PL 105-277 Sec 2420...      1262
   the States of the United States
   of America.
  Broadcasting to China
    Appropriations authorization,    PL 105-261 Sec 3902(b)      1519
     FY 1999.
  Child survival techniques
    Public service announcements...  PL 101-246 Sec 233....      1297
  China
    Broadcasting to................  PL 101-246 Sec 236....      1298
  Cuba
    Television Marti Service.......  PL 101-246 Sec 244....      1524
  Employment practices
    Prohibitions...................  PL 80-402 Sec 506.....      1231
  Equipment abroad
    Maintenance of.................  PL 101-246 Sec 237....      1298
  Facilities
    Improvement of.................  PL 98-164 Sec 203.....      1312
  Information on the States of the
   United States
    Daily broadcasts...............  PL 105-277 Sec 2420...      1262
  Kurdish programming..............  PL 102-138 Sec 234....      1503
  Kuwait
    Constructing radio facilities..  PL 101-246 Sec 235....      1298
  Modernization of facilities......  PL 100-204 Sec 403....      1306
                                     PL 99-93 Sec 202......      1310
  Radio broadcasting to Asia
    Affected by Radio Free Asia....  PL 103-236 Sec 309(h).      1488
  Radio broadcasting to Cuba
    Appropriations authorization,    PL 101-246 Sec 231....      1296
     1990-1991.
  Sao Tome
    Constructing radio facilities..  PL 101-246 Sec 235....      1298
  Sri Lanka
    Constructing radio facilities..  PL 101-246 Sec 235....      1298
  Thailand
    Constructing radio facilities..  PL 101-246 Sec 235....      1298
  Tibet
    Broadcasting to................  PL 101-246 Sec 234....      1297
  Tinian
    Constructing radio facilities..  PL 101-246 Sec 235....      1298
  VOA Europe
    Appropriations authorization,    PL 101-246 Sec 231....      1297
     1990-1991.
  Yugoslavia
    Croatian programming...........  PL 102-138 Sec 233....      1503
    Serbian programming............  PL 102-138 Sec 233....      1503
Voice of America/Europe
  Duties and programs..............  PL 80-402 Sec 504.....      1230


                                    W

Wallenberg, Raoul
  Sense of Congress................  PL 98-164 Sec 1006....       491
War crimes
  Penalties........................  18 USC 2441...........       896
  World War II
    Against U.S. citizens..........  PL 103-236 Sec 535....       267
War powers
  Defined..........................  PL 93-148 Sec 2.......      2057
  Interpretation of joint            PL 93-148 Sec 8.......      2061
   resolution.
  Legislation
    Priority procedures for........  PL 93-148 Sec 6-7.....      2060
  Multinational force in Lebanon
    U.S. participation.............  PL 98-119.............      2077
War powers--Continued
  Presidential use of
    Consultation with Congress.....  PL 93-148 Sec 3.......      2058
  Protection of U.S. citizens        15 Stat 224...........      1008
   abroad.
  Removal of U.S. forces
    Expedited procedures in          PL 98-164 Sec 1013....       496
     Congress.
  Reports to Congress..............  PL 93-148 Sec 4-5.....      2058
  Terminating hostilities..........  PL 93-148 Sec 5.......      2059
  United Nations Security Council
    Special agreements.............  PL 79-264 Sec 6.......      2216
War Powers Resolution..............  PL 93-148 Sec 1.......      2057
Water resources (international)
  Disputes
    U.S. coordinator...............  PL 102-138 Sec 180....       321
Weapons
  Excess plutonium
    Disposition of.................  PL 106-113 Sec 1133...      1680
  Landmines
    Moratorium on use of...........  PL 105-85 Sec 1309....      1951
  Nuclear, biological, and chemical
    Sense of Congress..............  PL 102-484 Sec 1502...      1760
  SS-23 INF missiles
    INF Treaty violation...........  PL 102-138 Sec 325....       330
Weapons of mass destruction
  Combating
    Commission to assess...........  PL 104-293 Sec 711-717      1725
  Defense against
    Domestic preparedness..........  PL 105-261 Sec 1402...      1721
  Definitions......................  PL 104-201 Sec 1403...      1734
  Domestic defense against
    Advisory panel assessment......  PL 105-261 Sec 1405...      1722
    Threat and risk assessment.....  PL 105-261 Sec 1404...      1722
  Export controls
    Imposition of..................  EO 12938 Sec 2........      1788
  Findings of Congress.............  PL 104-201 Sec 1402...      1732
  Foreign countries
    Findings of Congress...........  PL 104-201 Sec 1402...      1732
  Former Soviet Union
    Findings of Congress...........  PL 104-201 Sec 1402...      1732
    Individuals with expertise in..  PL 105-261 Sec 1309...      1607
  Interdiction of
    Detection equipment procurement  PL 104-201 Sec 1421...      1740
  International negotiations to      EO 12938 Sec 1........      1788
   control.
  Iran
    Findings of Congress...........  PL 104-201 Sec 1402...      1732
  Iraq
    Findings of Congress...........  PL 104-201 Sec 1402...      1732
  Libya
    Findings of Congress...........  PL 104-201 Sec 1402...      1732
  National emergency
    Declaration of.................  EO 12938..............      1788
  Nonproliferation policies
    Coordination of................  PL 104-201 Sec 1441...      1743
  North Korea
    Findings of Congress...........  PL 104-201 Sec 1402...      1732
  Proliferation of
    Combating......................  PL 104-293 Sec 701....      1725
    Threat to national security....  EO 12938..............      1788
  Rapid response information system  PL 104-201 Sec 1417...      1739
  Technology related to
    Acquisition by foreign           PL 104-293 Sec 721....      1730
     countries.
  U.S. citizens abroad
    Terrorist use against..........  18 USC 2332a..........       883
  Unauthorized transportation of
    International border security..  PL 104-201 Sec 1424...      1741
  Use by terrorists
    U.S. response to...............  PL 104-201 Sec 1411...      1734
Weapons of mass destruction--
 Continued
  Use or threatened use of
    Emergency response assistance    PL 104-201 Sec 1412...      1735
     program.
Weapons of Mass Destruction Act of   PL 104-293 Sec 701....      1725
 1966, Combating Proliferation of.
Weapons of Mass Destruction Control  PL 102-484 Sec 1501...      1760
 Act of 1992.
West Bank
  New U.S. facilities
    Prohibition against............  PL 100-204 Sec 130....       404
Western Sahara
  Transparent election efforts
    Report to Congress.............  PL 106-113 Sec 803....       159
Women
  Abuses of
    Protection Project.............  PL 106-554 Sec 601....      1334
  Foreign Service
    Internship program.............  PL 101-246 Sec 149....       359
    Placement program..............  PL 103-236 Sec 178....       233
    Representation.................  PL 100-204 Sec 183....       419
  Human rights protection
    Report to Congress.............  PL 103-236 Sec 142(b).       230
  Nairobi Strategies
    Implementation of..............  PL 102-138 Sec 192....       322
  Refugees
    U.S. policy on overseas          PL 103-236 Sec 501....       245
     assistance.
    UNHRC Guidelines on protecting.  PL 103-236 Sec 501(e).       247
  Sexual harassment at State
   Department
    Report to Congress.............  PL 102-138 Sec 194....       323
                                     PL 101-246 Sec 155....       363
  Trafficking victims
    Findings of Congress...........  PL 106-386 Sec 101(b).      1055
  United Nations Decade for
    1985 conference on.............  PL 98-164 Sec 118.....       487
  Victims of rape and gender
   violence
    Counseling program assistance    PL 106-113 Sec               128
     authorization, 2000-2001.        103(2)(E).
World Administrative Radio
 Conference
  U.S. delegation..................  PL 96-60 Sec 406......       512
World Alternate Energy Conference..  PL 95-426 Sec 609.....       528
World Commission on Environment and
 Development
  Contribution to..................  PL 99-93 Sec 107......       459
World Food Program
  Appropriations authorization,
   2000-2001
    Limitations on.................  PL 106-113 Sec               135
                                      108(b)(1).
World Health Organization
  Reforms in.......................  PL 103-236 Sec 412....       242
  U.S. contribution to.............  PL 95-105 Sec 103.....       534
World Heritage Trust Fund
  U.S. contribution to.............  PL 98-164 Sec 108.....       482
World Intellectual Property          PL 98-164 Sec 112.....       483
 Organization.
World military expenditures and
 arms transfers
  Annual report by Arms control and  PL 87-297 Sec 404.....      1556
   disarmament.
World Trade Organization
  Taiwan accession to
    Findings of Congress...........  PL 105-277 Sec 2808...       204
Worldwide book program initiative..  PL 99-93 Sec 205......      1310


                                    Y

Yang, Wei
  Release of
    Findings of Congress...........  PL 100-204 Sec 907....       437
Youth programs
  USIA.............................  PL 98-164 Sec 208.....      1315
Yugoslavia (former)
  Humanitarian law violations
    Rewards for information on.....  PL 105-323 Sec 102....       166
Yugoslavia-U.S. relations
  Foreign aid
    U.S. policy on.................  PL 102-138 Sec 361....       335
  Sanctions
    Waiver of......................  PL 103-236 Sec 532....       265
  Science and technology...........  PL 97-241 Sec 110.....       503
  Science and technology agreement.  PL 96-60 Sec 104......       509
  USIA cultural center
    Establishment of...............  PL 102-138 Sec 223....      1286


                                    Z

Zionism
  United Nations resolution
    U.S. response to...............  G.A. Res 3379 Note....      2244
  United Nations Resolution 33/79
    U.S. response to...............  PL 98-164 Sec                485
                                      114(a)(6).
Zorinsky amendment
  USIA
    Information dissemination......  PL 80-402 Sec 501.....      1227
Zorinsky, Edward
  Memorial library.................  PL 100-204 Sec 306....      1304










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